Borough of Duncannon, PA Article IV Tapping Fee for Improved Properties

[Adopted 6-16-1998 by Ord. No. 319]

§ 170-55 Findings; purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Based upon a capital charges study and report prepared by its consulting engineers, pursuant to 53 Pa.C.S.A. § 5601 et seq., the Council of the Borough of Duncannon has determined that certain impact fees as prescribed by said Act must be imposed in order to recover certain capital costs incurred in the construction of the sanitary sewer collection and treatment facilities (sewer system); and in order to provide for the recovery of certain costs associated with the connection of additional users to the sewer system; and in order to avoid the creation of an unreasonable and inequitable economic burden upon both the Borough and the existing users of the sewer system. It is therefore deemed by Borough Council to be in the public interest of the Borough and the existing users of the sewer system that all improved properties hereafter connected to the sewer system pay a tapping fee as provided in 53 Pa.C.S.A. § 5601 et seq., aforesaid, and as provided in this article. The purpose of this article is to provide for the imposition and collection of such a fee.

§ 170-56 Definitions.

When used in this article, the following words, terms and phrases shall have prescribed to them the meanings hereafter set forth:

BOROUGH

The Borough of Duncannon, Perry County, Pennsylvania.

IMPROVED PROPERTY

Any property upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure or structures sanitary sewage or industrial wastes shall be or may be discharged.

OWNER

Any person vested with ownership, either legal or equitable, sole or partial, of any improved property.

PERSON

Includes natural persons, partnerships, companies, societies, trusts, associations and corporations and other groups or entities, public or private.

TAPPING FEE

The fee authorized by 53 Pa.C.S.A. § 5601 et seq. and which is required to be paid upon application to connect any improved property to the sewer system operated by the Borough.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 170-57 Application to connect.

No person shall connect any improved property with any part of the sewer system without first making application, securing a permit therefor in writing from the Borough and making payment of the tapping fee in the amount set forth in § 170-58 of this article, such application to be made on a form provided by the Borough.

§ 170-58 Imposition of tapping fee.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Pursuant to 53 Pa.C.S.A. § 5601 et seq. and as determined in the capital charges study and report prepared by the consulting engineers to the Borough, a tapping fee is hereby imposed against any improved property and against the owner of such improved property whenever such owner hereafter shall make application to connect any such improved property with a sewer main constituting a portion of the sewer system, in the sum of $1,320 to be composed of the following factors:

A. Connection: $320.

B. Capacity: $480.

C. Collection/distribution: $520.

§ 170-59 Payment due date.

The tapping fee imposed hereunder with respect to any improved property to be served by the sewer system shall be due and payable at the time of filing of the application for a permit to connect such property to the sewer system or within 60 days of the date the owner of such property is notified by the Borough to connect such improved property to the sewer system, whichever occurs first.

§ 170-60 Enforcement.

The tapping fee imposed by this article shall be a lien on the improved property connected to and served by the sewer system where such fee is not paid as provided herein, which lien shall be filed in the office of the Prothonotary of Perry County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collection of municipal claims. In addition, the payment of said fee imposed hereunder may be enforced by the Borough in any manner appropriate under existing laws at the time it becomes due and payable.