[Adopted 7-17-2006 by Ord. No. 1198]
For purposes of this article, the following terms shall have the meanings ascribed to them in this § 265-28, unless the context otherwise indicates:
The Borough of Catasauqua, a municipal corporation, incorporated
under the Borough Code.
The permitted or rated capacity of facilities expressed as
a multiple of 100 gallons per day.
The design capacity required by a new residential customer
used in calculating the water tapping fees shall not exceed an amount
established by multiplying 65 gallons per capita per day times the
average number of persons per household as established by the most
recent census data provided by the United States Census Bureau. Alternatively,
the design capacity required by a new residential customer shall be
determined by a study, but shall not exceed the average water consumption
per residential customer. The average residential water consumption
shall be determined by dividing the total water consumption for all
metered residential customers in the Borough's service area over at
least a twelve-consecutive-month period within the most recent five
years by the average number of customers during the period.
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 separate bathroom facilities.
Any property located within the area served by the water
system upon which there is erected a structure intended for continuous
or periodic habitation, occupancy, or use by human beings or animals.
The principal amount outstanding of any bonds, notes, loans
or other form of indebtedness used to finance or refinance facilities
included in the tapping fee.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property. When more than one person is
the owner of any particular parcel of improved property, all such
persons shall be jointly and severally liable for the payment of the
fees and charges imposed under this chapter.
Any individual, partnership, company, association, society,
corporation, or other group or entity.
A water line that directly connects a single building or
structure to a distribution facility.
A water meter which accommodates a water connection of less
than two inches in diameter.
The design capacity of the system for which the tapping fee
is being calculated which represents the total design capacity of
the water system.
A distribution facility that connects a service line to a
water system main.
All facilities, as of any particular time, for producing,
pumping, transporting, treating, storing, or distributing potable
water, which are situate in or adjacent to the Borough and owned,
leased or operated by the Borough.
A.
Imposition of fee. Except as provided in Subsections C through E and in §§ 265-32 and 265-33, the owner of each improved property which is to be newly connected to the water system shall pay a connection fee to the Borough in the amount in effect under Subsection B as of the time of payment, at or before the time the owner or his agent obtains a permit to connect into the water system. The connection fee is a charge for the cost of constructing a water lateral from the water system main to the curb stop or property line fronting the property to be connected, and connecting the water lateral to the water system main.
B.
Amount of standard connection fee. The standard water
connection fee shall be $3,687.
[Amended 11-2-2015 by Ord. No. 1318]
C.
Construction of facilities by owner.
(1)
No water connection fee shall be charged to any owner
who constructs the water lateral and connects the water lateral to
the water system main by himself or through his agent at his own expense.
However, in that event, the owner shall pay the Borough an inspection
fee for inspecting the construction of the water lateral and the connection
with the water system in the amount of $170.
[Amended 11-2-2015 by Ord. No. 1318]
(2)
In any case in which the Borough performs some of
the labor and/or provides some of the materials for the water lateral
construction and connection, and the owner performs or provides the
remainder, the connection fee shall be equal to the actual cost incurred
by the Borough in connection with the construction of the water lateral
and the making of the connection with the water system (including
actual inspection costs).
(3)
No owner shall have the right to construct and connect
a water lateral to the water system without the approval of the Borough,
which approval may be withheld for any reason or no reason. If the
Borough agrees to permit an owner or his agent to construct a water
lateral or make a water lateral connection, it may impose any conditions
it desires in connection with the approval, and may require the payment
of the Borough's review, inspection, administrative, legal, engineering,
and other costs, and an advance deposit or other security to insure
such payment.
D.
Exceptional connections. In any case in which the
Borough constructs a water lateral and/or makes the connection with
the water system, and in which the length of the water lateral exceeds
40 feet or the diameter of the water lateral exceeds one inch, the
connection fee shall be equal to the actual cost incurred by the Borough
in connection with the construction of the water lateral and the making
of the connection with the water system main (including inspection
costs).
E.
Actual costs. In determining the actual costs incurred by the Borough under Subsection C or D, all materials used shall be billed at their cost to the Borough, time expended by the Borough or Borough employees shall be billed at their hourly cost to the Borough (including benefits), time expended by Borough agents other than employees shall be billed at their cost to the Borough (to the extent that they are reasonable and do not exceed normal charges when fees are not reimbursed by property owners) and other Borough expenses (including administration, overhead, and use of equipment) shall be billed at their cost to the Borough, as reasonably estimated by the Borough. Before any work is begun by the Borough, the owner shall pay the Borough's reasonable estimate of the connection fee due; after the work is completed, the Borough shall refund any excess or charge any shortage of the estimated connection fee as compared to the actual connection fee for the work.
A.
Imposition of fee. Except as provided in Subsections C through E and in §§ 265-32 and 265-33, the owner of each improved property which is to be newly connected to the water system shall pay a customer facilities fee to the Borough in the amount in effect under Subsection B as of the time of payment, at or before the time the owner or his agent obtains a permit to connect into the water system. The customer facilities fee is a charge for the cost of purchasing and installing a water meter.
B.
Amount of standard customer facilities fee. The standard
water customer facilities fee shall be $230.
[Amended 11-2-2015 by Ord. No. 1318]
C.
Installation of meter by owner.
(1)
No water customer facilities fee shall be charged
to any owner who purchases and installs the water meter by himself
or through his agent at his own expense.
(2)
No owner shall have the right to purchase and install
the water meter without the approval of the Borough, which approval
may be withheld for any reason or no reason. Generally, the Borough
shall purchase and install all water meters. If the Borough agrees
to permit an owner or his agent to purchase and install a water meter,
it may impose any conditions it desires in connection with the approval,
and may require the payment of the Borough's review, inspection, administrative,
legal, engineering, and other costs, and an advance deposit or other
security to insure such payment.
D.
Nonstandard meters. In any case in which the Borough
purchases and installs a water meter other than its standard meter,
the water customer facilities fee shall be equal to the actual cost
incurred by the Borough in connection with the purchase and installation
of the water meter. Before any work is begun by the Borough, the owner
shall pay the Borough's reasonable estimate of the customer facilities
fee due; after the work is completed, the Borough shall refund any
excess or charge any shortage of the estimated customer facilities
fee as compared to the actual customer facilities fee for the work.
E.
Other customer facilities.
(1)
All other customer facilities to connect the structure served on an improved property with the water system at the termination of the water lateral shall be constructed by the owner or his agent. The construction shall be in accordance with the Borough's regulations, requirements, rules, and standards and shall be performed by a contractor acceptable to the Borough and shall be subject to inspection by the Borough. Prior to construction, the owner must deposit with the Borough the Borough's estimated reasonable and necessary costs of review, construction, inspection, administrative, legal, engineering, and other services in connection with the work. Inspection fees under the preceding sentence shall be in addition to any inspection fees otherwise imposed in relation to the construction of a structure on the improved property or under § 265-29. After the completion of the construction, the Borough may retain all costs actually incurred, and charge any additional amount of costs in excess of the amount deposited.
(2)
The owner shall pay the Borough an inspection fee
in the amount of $132 for inspecting the construction and connection
of the service line from the building or structure to the curb stop
or property line fronting the property to be connected to the water
lateral.
F.
Actual costs. In determining the actual costs incurred by the Borough under Subsections D and E, all materials used shall be billed at their cost to the Borough, time expended by Borough employees shall be billed at their hourly cost to the Borough (including benefits), time expended by Borough agents other than employees shall be billed at their cost to the Borough (to the extent that they are reasonable and do not exceed normal charges when fees are not reimbursed by property owners), and other Borough expenses (including administration, overhead, and use of equipment) shall be billed at their cost to the Borough, as reasonably estimated by the Borough.
A.
Initial connection.
(1)
New connection. Except as provided in §§ 265-32 and 265-33, the owner of each improved property which is to be newly connected to the water system shall pay a tapping fee to the Borough in the amount specified under Subsection D as of the earlier of the time of connection or the time the owner or his agent obtains a permit to connect into the water system.
(2)
Improper connection. The owner of each improved property which is improperly connected to the water system without a permit shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of actual payment, immediately upon demand by the Borough.
(3)
Failure to make required connection. The owner of each improved property which is not connected to the water system within 120 calendar days after the date the Borough serves a notice to connect such improved property to the water system, shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of actual payment, on the 121st calendar day after the date the notice was served. Service for this purpose shall be complete when a notice to connect is deposited, postage prepaid, in the United States mail, addressed to the legal owner(s) of the improved property at their last known address according to the records of the Lehigh County real estate tax office.
(4)
Amount of water flow.
(a)
For residential use, the amount of water flow for an improved property which is being assessed a tapping fee under this Subsection A shall be equal to the design capacity required by a new residential customer for the improved property as of the later of the date of payment, the date the use intended for the improved property is established, or the date the improvements contemplated for the improved property are completed.
(b)
For nonresidential use, the amount of water flow for an improved property which is being assessed a tapping fee under this Subsection A shall be equal to the daily anticipated amount of peak flow, as if full building utilization is being realized, for the proposed nonresidential use for the improved property as of the later of the date of payment, the date the use intended for the improved property is established, or the date the improvements contemplated for the improved property are completed.
(c)
The Borough shall have the option of estimating
the amount of water flow using flow calculations available from the
Department of Environmental Protection, from 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.
(5)
Purpose. The water tapping fee is imposed for the
ability to use water system facilities to the extent of the amount
of water flow associated with the use of the improved property.
B.
Increase in potential usage.
(1)
Imposition of fee. The owner of each improved property which is connected to the water system shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of payment, whenever the use of the improved property is to be changed, the use of the improved property is to be intensified, or constructed or made on the improved property, unless the amount of additional water flow for the improved property as of the date the new use intended for the improved property is established, the date the existing use of the improved property is intensified, or the date the improvements, alterations, extensions, or modifications contemplated for the improved property are completed, is less than or equal to the amount of water flow assigned to the improved property at the time the most recent water tapping fee was paid.
(2)
Time of payment. The water tapping fee described in Subsection D shall be paid:
(a)
At or before the time the owner or his agent
obtains a building permit, if a building permit is required in connection
with the circumstances under which the tapping fee is imposed;
(b)
At or before the time the owner or his agent
obtains a zoning permit, if a building permit is not required but
a zoning permit is required in connection with the circumstances under
which the tapping fee is imposed;
(c)
At or before the time the owner or his agent
completes his improvements, alterations, extensions, or modifications,
or establishes his new use, or intensifies his existing use, if neither
a building permit, nor a zoning permit, is required in connection
with the circumstances under which the tapping fee is imposed;
(d)
Immediately upon demand by the Borough, if a
building permit, or zoning permit is required by the Borough but not
obtained, and activity which would have to be authorized by a valid
building permit, or zoning permit is undertaken.
(3)
Amount of water flow.
(a)
The amount of additional water flow for an improved property which is being assessed a tapping fee under this Subsection B shall be equal to:
[1]
The amount or anticipated amount of water flow
for the improved property as of the later of the date of payment,
the date the use (or intensified use) intended for the improved property
is established, or the date the improvements contemplated for the
improved property are completed; less
[2]
The amount of water flow assigned to the improved
property (for water purposes) at the time the most recent water tapping
fee was paid.
(b)
The Borough shall have the option of estimating
the amount of water flow using flow calculations available from the
Department of Environmental Protection, from 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.
(4)
Purpose. The water tapping fee is imposed for the
ability to use water system facilities to the extent of the amount
of additional water flow associated with a new, changed, or intensified
use of the improved property.
C.
Excess actual usage.
(1)
Imposition of fee. The owner of each improved property which is connected to the water system shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of payment, whenever the Borough shall reasonably determine that the actual average flow of water to the improved property from the water system during the thirty-day period for which the flow is greatest in a year is more than 110% of the flow for which a water tapping fee has been paid with respect to the improved property.
(2)
Time of payment. The water tapping fee described in Subsection D shall be paid within 30 days after demand by the Borough.
(3)
New or additional water flow. The new or additional water flow for which an improved property shall be assessed a tapping fee under this Subsection C shall be equal to:
(4)
Purpose. The water tapping fee is imposed for the
ability to use water system facilities to the extent of the full water
usage associated with the use of the improved property.
D.
Amount of fees.
(1)
For residential use, the water tapping fee shall be
equal to the design capacity required by a new residential customer
multiplied by the number of new dwelling units for which the fee is
being assessed multiplied by the sum of the following fee parts:
(a)
Capacity part: a capacity part in the amount
of $1,465.
[Amended 11-2-2015 by Ord. No. 1318]
(b)
Distribution part: a distribution part in the
amount of $808.
[Amended 11-2-2015 by Ord. No. 1318]
(c)
Special purpose part: a special purpose part,
but only with respect to customers in areas served by special purpose
facilities, as described below:
|
Special Purpose Area
|
Amount
| |
|---|---|---|
|
None established to date
|
———
| |
|
All other areas of the water system area
|
$0.00
|
(d)
Reimbursement part: a reimbursement part, but
only with respect to customers in the following areas served by facilities
constructed by private persons:
|
Reimbursement Area
|
Dates Applicable
|
Amount
| |
|---|---|---|---|
|
None established to date
|
———
|
———
| |
|
All other areas of the water system area
|
———
|
$0.00
|
(2)
For nonresidential use, the water tapping fee shall
be equal to the daily anticipated amount of peak flow, as if full
building utilization is being realized, for the proposed use for which
the fee is being assessed multiplied by the sum of the following fee
parts:
(a)
Capacity part: a capacity part in the amount
of $1,465 per 156 gallons per day.
[Amended 11-2-2015 by Ord. No. 1318]
(b)
Distribution part: a distribution part in the
amount of $808 per 156 gallons per day.
[Amended 11-2-2015 by Ord. No. 1318]
(c)
Special purpose part. A special purpose part,
but only with respect to customers in areas served by special purpose
facilities, as described below:
|
Special Purpose Area
|
Amount
| |
|---|---|---|
|
None established to date
|
———
| |
|
All other areas of the water system area
|
$0.00
|
(d)
Reimbursement part.
[1]
Reimbursement part: a reimbursement part, but
only with respect to customers in the following areas served by facilities
constructed by private persons:
|
Reimbursement Area
|
Dates Applicable
|
Amount
| |
|---|---|---|---|
|
None established to date
|
———
|
———
| |
|
All other areas of the water system area
|
———
|
$0.00
|
[2]
Optional or mandatory reimbursement agreements
with persons who construct water facilities may be entered into from
time to time by the Borough in accordance with the provisions of 53
Pa.C.S. § 5607(d)(24)(i)(C)(IV).
A.
In general. Notwithstanding the general provisions of §§ 265-29A, 265-30A and 265-31A(1), in the case of any owner of an improved property which is being used for residential purposes, and is being served by a functioning on-lot well which was installed before water lines were extended to serve the improved property, the owner may elect to pay the water connection fee, customer facilities fee and tapping fee described in such sections in installments in accordance with the provisions of Subsections B through D instead of paying such fees at or before the time the owner (or his agent) obtains a permit to connect into the water system. The election shall be made at or before the time the owner (or his agent) obtains a permit to connect into the water system.
B.
Installment payments. Any person who elects the relief granted by this § 265-32 shall pay to the Borough:
(1)
Fifty percent of the amount of fees which would otherwise
have been due at the time the owner (or his agent) obtains a permit
to connect into the water system at or before the time the owner (or
his agent) obtains a permit to so connect; and
(2)
The remaining 50% of the amount of fees which would
otherwise have been due at the time the owner (or his agent) obtains
a permit to connect into the water system, plus simple interest on
that fifty-percent amount at the rate of 6% per annum from the date
the owner (or his agent) obtains a permit to so connect until payment,
on or before the first anniversary of the date the owner (or his agent)
obtains a permit to connect into the water system.
C.
Liens. Any owner who elects the relief granted by this § 265-32 shall consent to the placement of a lien on his improved property by the Borough in the amount described in Subsection B(2). The consent shall be granted on or before the date of the payment described in Subsection B(1). The owner shall pay the costs of filing and satisfying the lien, up to a maximum of $100, at the time of the payment described in Subsection B(1). Any additional costs shall be borne by the Borough.
D.
Property owner must connect. The relief provided by
this section shall only be available if the owner actually connects
to the water system within the period granted by the Borough in its
notice to connect.
A.
In general. Notwithstanding the general provisions of §§ 265-33A, 265-30C and 265-31A, in the case of any owner of an improved property which is being used for residential purposes, and is being served by a functioning on-lot water system which was installed less than one year prior to the commencement of construction of a water system main extension which may serve the improved property; and after Borough officials informed the owner that a water system main extension to serve the improved property was not contemplated within a period of at least three years, the owner may elect to defer the payment of the water connection fee, customer facilities fee and tapping fee described in such sections until the fifth anniversary of the date the owner (or his agent) obtains a permit to connect into the water system, subject to the requirements of Subsections B through D. The amount of the fees so paid shall be equal to the fees in effect at the time the owner (or his agent) obtains a permit to connect into the water system, without adjustment for subsequent increases or for any interest or other time charges. The elections shall be made at or before the time the owner (or his agent) obtains a permit to connect into the water system.
B.
Liens. Any owner who elects the relief granted by this § 265-33 shall consent to the placement of a lien on his improved property by the Borough in the amount of the fees so deferred. The consent shall be granted on or before the date the owner (or his agent) obtains a permit to connect into the water system. The Borough shall pay all the costs of filing and satisfying the lien.
C.
Property owner must connect. The relief provided by
this section shall only be available if the owner actually connects
to the water system, within the period granted by the Borough in its
notice to connect.
A detailed itemization of all calculations clearly
showing the manner in which the fees were determined has been marked
as Exhibit A attached hereto and made a part hereof.[1]
All references to he, him and himself shall
be considered gender neutral, and shall be deemed to represent masculine,
feminine and neuter subjects and objects.
