The access fee for any property, industry or
development shall be determined by the Borough Council. It shall be
in addition to the hookup fee when it is determined that, due to unusual
circumstances, costs that are much more than normal will be incurred
to accommodate a particular connection or connections to a particular
property, structure or development. The access fee shall not be levied
for typical residential connections.
[Amended 9-9-2004 by Ord.
No. 14-2004]
The hookup fee shall be levied at any time a
connection is to occur to the sanitary system. This shall include
all single connections within a development as determined by the Borough
Council. Any and all structures required to make connections shall
be levied a fee as set from time to time by resolution of Borough
Council, to be payable upon application for connection. Connection
shall not be allowed to any party prior to fee being paid.
The road cut fee shall be determined by the
Borough Council and set forth in Ordinance No. 16-1990[1] and shall be used to null the costs of road repair if
a connection requires a lateral, that is approved by the Borough Engineer,
is to be installed and connected to the sanitary system. A bond may
be required by either the contractor, owner of property that is to
be improved, or developer or designated agent.
The fee for reviewing any plans submitted to
the Borough of Moosic shall be established by the current Schedule
of Tariffs as applied to the review or reviews necessary. The fee
shall be used to null the costs of engineering expenses and additional
administration costs.
The fee for interim or final inspection by the
Borough shall be $15 due at time of inspection(s). The fee shall be
returned to the Borough for disposition and shall cover actual inspection
costs and administration costs.
[Amended 11-13-2018 by Ord. No. 14-2018; 1-6-2020 by Ord. No. 9-2020]
The current residential rate shall be $35 per
annum to be billed by the Borough and shall be known as the "residential
EDU rate." The nonresidential rate shall be $90 per annum, plus the
water usage rate which shall be known as the "nonresidential EDU rate."
The current residential EDU rate and current nonresidential EDU rate
shall be billed annually. The water usage rate shall be billed quarterly.
They are applied as a charge for installation, maintenance and administration
of the Moosic Borough sanitary sewer system and charge for installation,
maintenance and administration of the Moosic Borough stormwater system
to the extent such work is necessary to protect the integrity of the
sanitary sewer system. Rates may be increased or decreased from time
to time by the Borough with regards to payment requirements for bond
issues and expenses as set forth above.[1]
[1]
Editor’s Note: Original Section 4.6.5, Temporary billing
rate, which immediately followed this section, was repealed 9-9-2004
by Ord. No. 14-2004.
The EDU rate and water usage rate will be applied
towards each property connected to the sanitary system or towards
each property required to be connected to the sanitary system, with
this rate to be billed to the property owner for each equivalent dwelling
unit that exists on the connected property and the water usage rate,
and shall be payable at the times and in the amount as provided by
the Borough.
The residential rate shall apply for each dwelling
unit constructed as a private dwelling unit, within which a single
family resides or could reside. Habitation shall not be required and
an improved property will not be exempt from rate classification when
no person or persons reside on said property. A dwelling unit rate
will be assigned to an improved property for each separate dwelling
area that may exist within or on the improved property. If two or
more families use separate cooking and/or toilet facilities in an
improved property, the sewer charge payable hereunder shall be computed
as though each family was a separate user with a separate connection
to the sewer system.
The nonresidential rate classification shall
be charged to and collected from the owner of a nonresidential improved
property or section(s) of an improved property that includes both
residential and nonresidential areas served by the sewer collection
system. The nonresidential rate shall be the addition of the basic
nonresidential EDU rate plus the water usage factor. The nonresidential
rate shall be charged to improved property that accommodates both
residential and nonresidential within a single structure with or without
a common entrance.
The water usage rate to be charged to nonresidential
property shall be based upon water usage and in accordance with the
following table:
|
Consumption in Gallons
|
Rate Per 1,000 Gallons
| ||
|---|---|---|---|
|
0
|
-
|
11,999
|
No additional charge
|
|
12,000
|
-
|
24,999
|
$1.51 per 1,000 gallons
|
|
25,000
|
-
|
224,999
|
$0.93 per 1,000 gallons
|
|
225,000
|
-
|
2.25 million
|
$0.68 per 1,000 gallons
|
|
-
|
Over 2.25 million
|
$0.32 per 1,000 gallons
| |
The residential EDU rate and the nonresidential
EDU rate shall be paid annually and shall be collected by the Borough
Tax Collector and shall be billed as part of the real estate tax billing.
The nonresidential water usage rate shall be billed quarterly and
collected by the Borough or its designee as may be determined by the
Borough Council.
The properties owned by the Borough or approved
public safety organizations shall be exempt from rate classification
and will not be charged for use of the sanitary system. Current public
safety organizations are the Moosic Police Department and the Moosic
Volunteer Hose Company No. 1 and the Greenwood Volunteer Hose Company.
The volunteer hose companies are in agreement with the Borough to
provide emergency response to system incidents which may be considered
a threat to public safety or system functions at no charge to either
the Borough or the Borough.
The usage of water in terms of gallons used
per shall be measured by meter as provided by the water company, which
is currently Pennsylvania Gas and Water Co., or by records or the
Lackawanna River Sewer Basin Authority. The most recent records available
shall be used and billing shall reflect the most recent period of
record.
Any owner who effects any changes in his property
which shall result in a change in the sewer billing rate, such as
adding an apartment or office, or cohabitation by two families within
a single home, etc., shall promptly notify the Borough prior to making
such changes so that appropriate changes may be made to the billing
rate of said property. Failure to do so shall subject offending party
to prosecution as provided by law.
If the owner of any improved property shall
fail to provide the Borough with complete information required to
compute the sewer rate or any charges assigned by the Borough as applied
to the improved property, this Borough shall estimate a reasonable
rate classification and/or fee or fees and the aforementioned charges
or fees shall be the actual sewer rate, charge, fee or fees, payable
to the Borough until the required information is filed with the Borough;
provided, however, that no rebates will be paid by this Borough if
the information filed reveals a lower charge, rate, or fee than that
estimated by the Borough. Any information filed that reveals that
a higher charge, rate or fee is necessary, that increase shall be
payable to the Borough through the period that reflects an accurate
commencement time of determining factors that yield said increase
whether the reasons commenced at the time of the information filing
or any time prior and shall be due with interest added as currently
levied by the Borough.
Additional classifications and sewer charges,
fees or rates may be established by the Borough as deemed necessary.
Nothing herein contained shall be deemed to
prohibit this Borough or Borough Council from entering into separate
agreements with any owner with respect to charges, rates or fees to
be imposed in those cases where, due to seasonal fluctuations or other
unusual circumstances, the sewer charges, rates or fees set forth
herein shall be deemed by this Borough to be unfair or inequitable.
A.
Each owner of an improved property which shall be
connected to the sewer system during any year shall pay as follows:
|
Date Sewer Permit Obtained
|
Resident
|
Nonresident
|
EDU Rate
| |
|---|---|---|---|---|
|
Before April 1
|
75% of the above EDU rate
| |||
|
After April 1 but before July 1
|
50% of the above EDU rate
| |||
|
After July 1 but after
|
25% of the above EDU rate
|
B.
Any nonresidential shall be billed in conjunction
with the water user rate with the next regular quarterly billing as
determined by the Borough.
It shall be the owner's responsibility to notify
the Borough within 24 hours prior to said improved property being
reoccupied or occupied and failure to do so will result in a fine
not to exceed $600, plus costs of prosecution, and, in default of
payment of such fine and costs, in imprisonment not to exceed 30 days,
plus $5 per each day the property in question was occupied or reoccupied
prior to any notification given to the Borough by the owner of said
property.
Quarterly billing charges shall be due and payable
30 days after the applicable billing date and in the appropriate amount,
as computed in accordance with this chapter, and shall constitute
a net bill. If not paid within the specified 30 days after each billing
date, an additional sum, in accordance with prevailing laws, shall
be added to such net bill, which net bill, plus additional sum, shall
constitute the gross bill.
Each owner of an improved property which is
connected to the sewer system initially or thereafter shall provide
this Borough with and thereafter shall keep this Borough advised of
his correct address and if the address aforementioned is not the improved
property address the owner shall provide this Borough with the improved
property address along with occupancy information and occupancy purpose
of said improved property in addition to his address.
Failure of any owner to receive any bill, request
for fee payment, request for any charge(s), etc., as issued by this
Borough shall not be considered an excuse for nonpayment, nor shall
such failure result in an extension of the period of time during which
the net bill shall be payable.
This Borough will not provide bills or requests
of payment of any improved property to any party other than the owner
of said property, notwithstanding a private agreement has been entered
into between a party not being an owner of an improved property and
the Borough. Any tenant-landlord payment agreement or similar transaction
is of no concern to this Borough.
[Added 12-12-1994]
This Borough will not provide bills or requests
for payment to the owners of mobile home tenants renting the real
property on which a trailer is located, but shall provide all bills
and requests for payment to the landowner. Any tenant-landlord payment
agreement or similar transaction is of no concern to this Borough.
Sewer charges, fees or bills imposed by this
chapter shall be a lien on the improved property connected to and/or
served by the sewer system; and such charges, fees or bills which
are delinquent shall be filed as a lien against the improved property
so connected to and served by the sewer system, which lien shall be
filed in the office of the Clerk of Courts of Lackawanna County, Pennsylvania,
and shall be collected in the manner provided by law for the filing
and collection of municipal claims and/or Borough shall collect any
outstanding amount owed by any means provided by prevailing law.
The current rate charge shall be paid upon application
for a sewer permit. The quarterly rental charge for nonresidential
uses of the sewer system shall commence the quarter following issuance
of a building permit or sewage application. Postponement of billing
may be allowed by the Borough upon written request by the owner of
the property to which the building permit has been issued so as to
delay billing until construction has been completed.
[Added by Ord No. 2-1997]
A.
Any and all sewer user's fees shall become delinquent
30 days after the first due date.
B.
Any sewer user's fees paid 30 days after the first
due date will include interest of 10% per annum.
C.
Any sewer user fee paid 30 days after the due date
will include a five-percent late penalty.
D.
If the Borough is required to institute suit or legal
process for the collection of the user's fees, any claim and demand
shall include all costs of instituting said suit.
