[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-17-2006 by Ord. No. 1197]
Unless specifically provided otherwise, anticipated
or presumed water and sewer service usage shall be determined in accordance
with the provisions of this article.
For purposes of this article, the following terms shall have the meanings ascribed to them in this § 237-2, unless the context clearly indicates otherwise:
The Catasauqua Sewer Authority, constituted and existing
pursuant to the Municipalities Authorities Act of 1945, as amended.
The Borough of Catasauqua, a municipal corporation, incorporated
under the Borough Code.
Any structure, or part thereof, designed and intended to
be occupied as the living quarters of a single family or housekeeping
unit, and having separate kitchen and bathroom facilities.
Gallons per day of actual, presumed or anticipated flows.
Any property located within the utility service area of the
Borough upon which there is erected a structure intended for continuous
or periodic habitation, occupancy, or use by human beings or animals.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating, or disposing of sewage and other
wastes, other than stormwater, which are owned, leased, or operated
by the Borough.
All facilities, as of any particular time, for pumping, transporting,
producing, treating, storing, or distributing potable water, which
are owned, leased, or operated by the Borough.
A.
Residential. In accordance with the requirements of
Act 2003-57, the measure of the rate of flow of water to a single-family
residential dwelling unit (SFRD) is 65 times the average number of
residents in an SFRD in the Borough of Catasauqua, as determined by
the last federal census. The rate of flow of sewage from an SFRD is
90 times the same average number of residents. As of the date of this
article, the average number of residents in an SFRD is 2.45.
B.
Nonresidential. The measure of the rate of flow for
water and sewer to a nonresidential dwelling shall be the anticipated
flow, as reasonably determined by the Borough, based upon Department
of Environmental Protection data, public utility industry publications,
or from user estimates, so long as the latter has an empirical and
readily verifiable basis, provided that no estimate shall be made
in a manner which conflicts with Acts 2003-57 or 1990-203.
C.
Presumptions.
(1)
Variations: peak vs. average day. In all types of
uses, the rate of flow of water or sanitary sewage is not constant
at all times. The rate varies from hour to hour, day to day, and season
to season depending on the demands of the use. When one is concerned
with the ability to provide service at times of peak demand, one is
only interested in the rate of flow at times of peak demand; it is
irrelevant what the average rate of flow is when one needs to design
a system that can accommodate peak demands. In other situations, it
may be more appropriate to consider the average rate of flow over
an extended period of time.
(2)
Anticipated flow calculations refer to peak demand.
From time to time, the rate of flow of a fluid must be determined
for purposes of insuring and providing capacity in the Borough sewer
and water systems which can accommodate peak demands on those systems.
Therefore, unless clearly indicated otherwise, all references to anticipated
flow for nonresidential properties shall be considered references
to the average flow from or to a given improved property during the
thirty-day period of any year for which the total flow is the greatest.
D.
Anticipated flow. Except as provided in § 237-5, the amount of anticipated flow at any given time for any given nonresidential improved property shall be determined in accordance with § 237-4 (rounded to four decimal places), based upon a rebuttable presumption applicable as a matter of administrative convenience and necessity to all calculations, that the average flow of water to, or sanitary sewage from, a given nonresidential improved property may be calculated utilizing the thirty-day period of any year for which the total flow is the greatest.
The presumed flow for any given improved property
served or to be served by the Borough shall be determined in accordance
with the Calculation of Presumed Water or Sanitary Sewerage System
Flow by Use Category, marked as Exhibit A,[1] attached hereto and made a part hereof as follows:
A.
Residential. Improved properties upon which residential uses (other than hotels and motels) are maintained shall be charged in accordance with § 237-3A hereof. Additional flows shall be presumed and charged for any retail, service, or business use which is attached to or part of a dwelling unit, in accordance with the other subsections of this section. However, no additional flows shall be presumed or charged for laundry facilities provided on an improved property solely for the use of full-time residents. Mobile home parks shall be treated as having the flows for one residential dwelling unit for each space available for the siting of a mobile home.
B.
Hotels and motels. Improved properties upon which hotels or motels are maintained shall be charged in accordance with Exhibit A. If self-service laundry facilities or dining or food service areas are also provided on the improved property, additional flow shall be presumed and charged as provided in Subsections C and F. No additional flow shall be presumed for institutional laundry facilities associated with hotels or motels and which provide services solely for hotel or motel guests.
C.
Restaurants/food service. Improved properties upon
which restaurants and other food services uses are maintained shall
be charged as follows:
(1)
Full-service restaurant. If the use is a full-service restaurant (one in which the utensils will be washed and reused, and patrons will eat on the premises), fees in accordance with Exhibit A shall be presumed and charged on the basis of each square foot of gross floor area in the dining areas of the restaurant (not counting any cocktail lounge or bar areas). If cocktail lounge or bar areas are also present, additional flow shall be presumed and charged as provided in Subsection C(4) below.
(2)
Single-service utensil restaurants. If the use is
a single-service utility restaurant (one in which the utensils will
not be washed and re-used, but in which the majority of patrons will
eat on the premises), fees in accordance with Exhibit A shall be presumed
and charged on the basis of each square foot of gross floor area in
the dining areas of the restaurant.
(3)
Take-out restaurants and food catering facilities.
If the use is a take-out restaurant or other food services establishment
in which the majority of patrons will not eat on the premises, or
a food catering facility in which food is prepared for consumption
at another location, fees in accordance with Exhibit A shall be presumed
and charged on the basis of each square foot of gross floor area occupied
by the use (other than gross floor area in any incidental dining area).
(4)
Cocktail lounges and bar areas. If the use includes
a cocktail lounge and/or bar, fees in accordance with Exhibit A shall
be presumed and charged on the basis of each square foot of floor
area in the cocktail lounge and bar areas, including the floor area
behind the bar.
D.
Beauty shops/barbershops. Improved properties upon which beauty shops or barbershops are maintained (except as described in Subsection A) shall be charged with fees in accordance with Exhibit A on the basis of each operator chair. Any change in the number of operator chairs on an improved property shall constitute a change in use or a modification of the use of the improved property.
E.
Movie or live-performance theatres. Improved properties upon which movie or live-performance theaters are maintained shall be charged fees in accordance with Exhibit A on the basis of each square foot of gross floor area in the performance-viewing areas of the improved properties. If food service areas are also provided on the improved property, additional flow shall be presumed as provided in Subsection C.
F.
Self-service laundries. Improved properties upon which
self-service laundries are maintained shall be charged fees in accordance
with Exhibit A on the basis of each square foot of gross floor area
in the areas open to the public.
G.
Offices. Improved properties upon which offices are
maintained shall be charged fees in accordance with Exhibit A on the
basis of each square foot of gross floor area devoted to office and
accessory uses (including, e.g., storage, filing, and supply areas,
waiting areas, conference areas, meeting rooms, halls, elevators,
washrooms, etc.).
H.
Retail stores. Improved properties upon which retail
sales uses are maintained shall be charged fees in accordance with
Exhibit A on the basis of each square foot of gross floor area devoted
to retail sales and accessory uses (including, e.g., storage and supply
areas, aisles, store shelves, elevators, washrooms, etc.).
I.
Industrial. Improved properties upon which industrial
uses are maintained shall be charged as follows:
(1)
In general. Fees in accordance with Exhibit A on the basis of each square foot of gross floor area devoted to industrial uses (including, e.g., manufacturing, processing, fabrication, assembly, repair, maintenance, garage, printing, binding, and freight terminal uses) and uses accessory thereto, other than uses described in Subsection I(2); and
(2)
Warehouse and storage. Fees in accordance with Exhibit
A on the basis of each square foot of gross floor area devoted to
warehouse or storage uses (including aisles, etc.); and
(3)
Industrial wastes. Fees in accordance with Exhibit A on the basis of each reconstituted gallon of industrial waste estimated to be discharged by the industrial use per day (as determined by the Borough Engineer). For purposes of this Subsection I(3), the number of reconstituted gallons is equal to the number of actual gallons to be discharged if the strength of the discharge is equal to or less than 300 mg/1 of biochemical oxygen demand (BOD), 360 mg/1 of suspended solids (SS), and 85 mg/1 of Total Kjeldahl nitrogen (TKN); if the actual discharge exceeds a strength of 300 mg/1 BOD, 360 mg/1 SS, or 85 mg/1 TKN, the number of reconstituted gallons is equal to the number of gallons which would result if pure water were added to the discharge until the average strength of the discharge-plus-added-water is equal to or less than 300 mg/1 BOD, 360 mg/1 SS, and 85 mg/1 TKN.
J.
Schools.
(1)
Day schools. Improved properties upon which schools
are maintained (other than boarding schools) shall be charged fees
in accordance with Exhibit A on the basis of each person if the school
includes showers, or fees in accordance with Exhibit A on the basis
of each person if the school does not include showers.
(2)
Boarding schools. Improved properties upon which boarding
schools are maintained shall be charged fees in accordance with Exhibit
A on the basis of each square foot of gross floor area in any residence
hall (including bedrooms, washrooms, lounge areas, halls, etc.), plus
fees in accordance with Exhibit A on the basis of each person for
all other areas.
(3)
Person. For purposes of this Subsection J only, the number of persons in a school shall be equal to the maximum number of students who may attend the school at any one time as established by the Pennsylvania Department of Education, plus the number of administrators, faculty, staff, and other employees reasonably expected to be assigned to work at the school building in the event the number of students at the school is equal to the maximum permitted number of students.
K.
Churches. Improved properties upon which churches are maintained shall be charged with fees in accordance with Exhibit A on the basis of each square foot of gross floor area in any worship-assembly area (including, but not limited to, nave and sanctuary areas, but not including any vestibule areas). In addition, if schools, classrooms, offices, or food service uses are located on church property, such additional uses shall be charged with additional flow as prescribed in the other subsections of this § 237-4.
L.
Hospitals. Improved properties upon which hospitals
are maintained shall be charged with:
(1)
In-patients. Fees in accordance with Exhibit A on
the basis of each in-patient bed the hospital is authorized to maintain
(Any change in the number of authorized in-patient beds shall be deemed
a change in use or modification of use of the improved property.);
plus
(2)
Out-patients. Fees in accordance with Exhibit A on the basis of each square foot of gross floor area in the hospital, except for in-patient rooms (rooms with beds primarily occupied by in-patients) and rooms primarily devoted to the performance of medical procedures on persons who are in-patients at the hospital. In addition, if food service uses are located at the hospital, such uses shall be charged with additional flow as prescribed in Subsection C, and the area occupied by such uses shall not be included in the calculations made under the first sentence of this Subsection L(2).
M.
Institutions other than hospitals. Improved properties
upon which institutions (other than hospitals) are maintained (e.g.,
nursing homes) shall be charged fees in accordance with Exhibit A
on the basis of each bed the institution is authorized to maintain.
(Any change in the number of authorized beds shall be deemed a change
in use or modification of use of the improved property for purposes
of calculating additional flow.)
N.
Swimming pools and bathhouses.
(1)
Except as provided in Subsection N(2), improved properties upon which swimming pools or bathhouses are maintained shall be charged fees in accordance with Exhibit A on the basis of each square foot of gross area in the building areas and/or outdoor enclosed areas devoted to the pool or bathhouse uses. In addition, any food service uses shall be charged with additional presumed flow as provided in Subsection C.
O.
Other uses. Whenever any use exists on an improved property which is not fairly described in the preceding subsections of this § 237-4, the amount of additional flow with respect to such use shall be determined, whenever practicable, by reference to that use (or those uses) described in the preceding subsections of this § 237-4 which is most similar to the use which exists on the improved property. Similar uses for this purpose shall be based on similar patterns of water consumption and sanitary sewage discharge. Whenever it is not practicable to calculate additional or presumed flow by reference to one or more of the preceding provisions of this § 237-4, the Borough Engineer shall establish the presumed flow for such use in accordance with the criteria in § 237-3.
P.
Multiple uses. Whenever any improved property shall have more than one use established thereon, the additional presumed flow for such improved property shall be equal to the sum of the amount of additional presumed flow for each individual use (as provided in the preceding subsections of this § 237-4).
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
A.
In general. The Borough recognizes that the presumption set forth in § 237-4 may not properly reflect peak flow rates from a given improved property for either water, sanitary sewage, or both. Therefore, the procedures set forth in this section shall apply to any request to establish a different presumed or anticipated flow for any given improved property, applicable to either water, sanitary sewage, or both, by special exception.
B.
Request for special exception. Either the Borough or a person with an interest in the improved property may request a special exception to the presumptions of § 237-4. The Borough shall make such a request by mailing (certified mail, return receipt requested to last known address) or hand-delivering a notice of the request to the owner of the improved property or his authorized agent. Any other interested person shall make such a request by filing a written notice with the Borough, on forms prescribed by the Borough.
C.
Agreement of owner and Borough Council. If the owner of the improved property and the Borough Council shall agree that the presumed or anticipated flow which should be assigned to any improved property for purposes of water, sanitary sewer, or both, should be higher or lower than the amount calculated under § 237-4, and shall agree on the appropriate anticipated or presumed flow, the number so agreed shall be the amount of flow assigned to the improved property at that time. Any agreement under this Subsection C with respect to any particular situation giving rise to an obligation to make a payment to the Borough shall be made at or prior to the time that the payment is due to the Borough.
D.
Hearing before Borough Council. If an agreement under Subsection C cannot be obtained, Borough Council shall conduct a hearing to determine the anticipated or presumed flow which should be assigned to the improved property. The Borough Council shall find that the amount of flow is equal to the presumed flow under § 237-4, unless either the Borough staff or the owner of the improved property shall persuade the Borough Council that it is likely that the actual thirty-day peak flow rate from or to the improved property will be more than 10% higher or considerably lower than that presumed under § 237-4. All hearings under this Subsection D with respect to any particular situation giving rise to an obligation to make a payment to the Borough shall be made at or prior to the time that the payment is due to the Borough. Hearings shall not be deferred for extended periods of time after the time payment is due to the Borough, nor shall any payments made be subject to reconsideration and partial reimbursement through hearings under this Subsection D which take place months or years after the time payment is due to Borough. Anticipated flows are to be determined based on reasonable estimates made at the time payment is due, and not the actual usage data obtained after the fact by any particular customer for any particular period, since such actual data may not be representative of the peak demands which may be made by an improved property on the municipal water and sewer systems when the improved property is fully utilized.
The Borough Council is hereby appointed as a
board of appeals, duly constituted (in addition to other lawful powers
and duties granted to it) and authorized to review and adjudicate
challenges by property owners to any and all anticipated flow calculations
used or to be used to assess or levy a fee against any property owner
whose property is served by the Borough water system; provided that:
A.
The written notice of appeal must state the basis
for such challenge, and must have appended to it (or delivered with
it) data in support thereof, to provide a reasonable opportunity for
resolution of the dispute without the necessity of a hearing.
B.
A decision made by the Borough as to an anticipated
flow calculation shall be presumed valid, so long as it is based upon
substantial evidence, or upon the best evidence available to or provided
by the property owner to the decisionmaker at the time the connection
or tapping fee was assessed.
C.
A hearing on the appeal, if requested by the appellant,
must be held within 60 days of the date the appeal is filed with the
Borough Council, and a written decision must be mailed to the appellant's
last known address within 45 days of the date that the final hearing
was officially concluded. The written decision shall set forth the
basis upon which the Borough Council's decision is made.
D.
A decision made by the Borough Council shall be deemed
a final determination, appealable only to the Court of Common Pleas
of Lehigh County.
All references to be, him, his and himself shall
be considered gender neutral, and shall be deemed to represent masculine,
feminine and neuter subjects and objects.
