[Adopted 5-13-1974 by Ord. No. 544 (Ch. 26, Part 1B, of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
Borough Council shall have exclusive charge and control over the management of the Water Department of the Borough and shall appoint such officers and employees as it shall deem necessary for the proper protection and operation of the waterworks and system and the operation of the Water Department. The Superintendent of the Water Department and such other officers and employees of the Department as may be directed by the Council shall be authorized to enter and shall have free access, at all reasonable times, to premises in the Borough connected to the water system.
[Amended 5-12-1975 by Ord. No. 552; 1-12-1981 by Ord. No. 589; 8-13-1990 by Ord. No. 648; 10-14-1991 by Ord. No. 666; 5-8-1995 by Ord. No. 708]
This section will be known as the "Zelienople Borough Tap-In Fee Ordinance."
This section is based, for reference purposes only, on Act No. 203 of 1990. The Borough will not be bound by any ruling, decision or holding which is inconsistent with this section.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- A room or suite of rooms in a multifamily structure which is arranged, designed, used or intended to be used as a single housekeeping unit and which contains complete kitchen, bath and toilet facilities permanently installed.
- The offering of overnight accommodations and food service for transient guests, for compensation, within the confines of a detached single-family dwelling structure when conducted as an ancillary use in association with a normal single-family residential use.
- CONNECTION FEE
- A fee which is based upon the actual cost of the connection of the property extending from the Borough's main line to the property line or curb stop of the property so connected. This fee will be based upon an average cost for previously installed single-family dwelling units. Any additional cost incurred in connecting a nonsingle-family dwelling unit due to actual increased cost incurred by the Borough will be an addition to the connection fee so established.
- CONVERSION APARTMENT
- A suite of rooms designed or intended for occupancy or housekeeping by one family which is established in a portion of a building originally used or designed for residential use by a single-family unit, whether or not separated by a partition, door or other barrier.
- CUSTOMER FACILITIES FEE
- A fee based upon the actual cost of facilities serving the connected property from the property line or curb stop to the proposed dwelling. The fee will include the cost of the water meter.
- DWELLING UNIT
- A building or portion thereof providing complete housekeeping facilities for one family.
- GROUP RESIDENTIAL FACILITY
- An establishment that provides room and board to persons who receive supervised specialized service which are limited to health, social, rehabilitative or housing services that are provided under the jurisdiction of a government agency, their licensed or certified agents or other responsible nonprofit social service organizations. Such group facilities may include child and adult care and supervision that provides services for individuals not in need of hospitalization or incarceration, but who because of age, convalescence, infirmity, disability or related circumstance require such service.
- HOSPITAL FACILITY
- An establishment, properly licensed by appropriate state and federal agencies, having an organized medical staff and providing equipment and services for inpatient care for individuals who require definitive diagnosis and/or treatment for illness, injury or other disability, or during or after pregnancy, and which also makes available clinical laboratory services, diagnostic X-ray services and clinical treatment services. The term shall include establishments providing either diagnosis or treatment, or both, for specific illnesses or conditions.
- INSTITUTIONAL FACILITY
- An establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or any other responsible social service corporation. Hospitals and nursing homes shall be considered institutional facilities; however, institutional facilities shall not include day-care/family homes, day-care centers or group residential facilities, as defined in this section.
- SINGLE-FAMILY DWELLING
- A building designed for and occupied exclusively as a residence for only one family.
- TAP-IN FEE
- A fee charged for connection to the public system of the Borough based upon all of the following fee components:
- (a) Capacity component. A fee for capacity-related facilities based upon replacement costs less outstanding debt, grants or capital contributions or facilities contributed to the Borough by any person, government or agency, including the following facilities:
- (b) Distribution or collection component. A fee based upon the replacement cost of distribution or collection facilities less any such facilities contributed to the Borough by any person, government or agency and outstanding debt, grants or capital contributions, including:
- (c) Special-purpose component. A fee for special-purpose facilities applicable to only a particular group of customers, or serving a particular purpose, or serving a particular area based upon cost.
- (d) Reimbursement component. A fee to recapture the allocable portion of facilities in order to reimburse the property owner or owners at whose expense such facilities were constructed.
Engineer for the Borough of Zelienople will establish the initial connection fee, customer facilities fee and tap-in fee. The fees will subsequently be adopted, by resolution, by the Borough Council. The Engineer is hereby directed to, biannually, review the computations and propose any changes in the fees which may be authorized due to changes within the system or other financial considerations. Unless modified by resolution, all fees established by the Borough will remain in effect until so modified.
In lieu of a customer facilities fee, the property owner or owners shall construct at their cost all facilities serving the connected property, from the property line or curb stop to the proposed dwelling or building to be served. At the time of converting a single-family dwelling into an apartment, conversion apartment, duplex, row house or townhouse, or other multifamily or multiple-family unit, the property owner shall obtain and install a water meter for each new additional unit which is to be added to the former single-family dwelling. The owner shall pay a customer facility fee for each new line or meter so obtained.
The tap-in fees will be based upon the consumption of 150 gallons per day for a single-family dwelling.
All multiple-dwelling units, including apartments, duplexes, row houses or townhouses or multiple-family dwellings, shall pay a tap-in fee for each additional unit.
A conversion apartment, or any single-family dwelling which is subsequently converted into an apartment, duplex, row house or townhouse, or as a multifamily or multiple-family dwelling shall, at the time of the conversion, be required to pay an additional tap-in fee for any additional unit.
All other multiresident facilities, including, but not limited to, group residential facility, hospital facility, institutional facility, as well as all commercial and industrial users, will be required at the time of application for tapping into the Borough's water system or at the time of converting from one form of multiresidence facility, commercial or industrial facility to any other type of facility to provide to the Borough their water consumption estimates. The consumption estimates will be reviewed by the Borough's engineers. The engineers, if in agreement with the estimates so provided, will recommend an appropriate tap-in fee to the Borough. If the engineers are not in agreement with the estimated water consumption figures provided, the engineers will propose consumption figures which, in their opinion, will more adequately reflect the actual consumption. Thereafter, the Borough will impose a tap-in fee based upon the estimate of the Borough's Engineer. In addition to the tap-in fee, the Borough will require the applicant to deposit with the Borough the amount of $500 to reimburse the Borough for its reasonable cost in reviewing the plans, inspections, administrative services, legal and engineering services. The legal and engineering fees imposed cannot exceed the rate charged to the Borough by the entities for other projects. Any sums not so expended will be returned to the applicant. If the fees exceed the sum of $500, they will be billed to the applicant and will be payable within 30 days.
Property owner/owners shall have a right to construct a water system extension and/or install customer facilities themselves or through a subcontractor, either of whom must be approved by the Borough. The construction shall be in accordance with a developer's agreement to be entered into between the property owner or owners and the Borough. Plans and specifications for the extension must be approved by the Borough after review by its consulting engineer and shall be subject to all existing regulations, requirements, rules and standards of the Borough applicable to construction. The construction shall be subject to inspection by an inspector authorized to approve such construction and employed by the Borough during construction. At the time of entry of the developer's agreement and prior to construction, the property owner or owners shall deposit with the Borough, in advance of construction, the Borough's estimated reasonable and necessary cost of review of plans, construction, inspection, administrative, legal and engineering services. All waterline extensions so constructed, upon completion and approval by the Borough, shall be dedicated to the Borough.
The Borough shall provide reimbursement to the property owner or owners constructing such extension when the owner of another property not in the development for which the extension was constructed connects a service line directly to the extension within 10 years of the date of the dedication of such extension to the Borough. The reimbursement shall be equal to the distribution or collection component of each tap-in fee, as that term is defined in Subsection A(3), collected as a result of the subsequent connections. Five percent of each reimbursement shall be retained by the Borough for administrative expenses, which shall include, but not be limited to, services rendered in calculating, collecting, monitoring and disbursement of the reimbursement payments to the property owner and owners entitled thereto. Total reimbursement shall not exceed the cost of all labor, materials, engineering, design charges, as well as any other reasonable charges involved in the acceptance and dedication of such facilities to the Borough, less the amount which would be chargeable to such property owner or owners based upon the Borough's distribution tapping fees which would be applicable to all lands of the property owner served directly or indirectly through such extensions if the property owner did not fund the extension.
The Borough shall notify the property owner or owners entitled to reimbursement by certified mail to their last known address within 30 days of the Borough's receipt of such reimbursement payment. If the reimbursement payment has not been claimed within 120 days of the mailing of such notice, the payment shall revert to and become the sole property of the Borough, with no further obligation on the part of the Borough to refund the payment to the property owner or owners.
In lieu of a direct payment to the property owner, at the property owner's discretion, he may accept credit memorandum to the amount of the reimbursement, which may be used for the payment of any water services to the extent of such reimbursement.
Nonresidential users will be required to submit estimates of the anticipated water consumption. The estimate will include all sources of water used and the estimated consumption thereof. The estimated water consumption figures will be provided to the Borough Engineer for review.
The estimated water consumption for businesses will be divided by the average consumption of 60,000 gallons per year. That number will then be multiplied by the residential tap-in fee to determine the business tap-in fee. In no event will the tap-in fee be less than $1,000.
The Borough retains the right to review all estimated water consumption figures. If in the opinion of the Borough Engineer the figure is unreasonably low, the Borough retains the right to establish a reasonable estimated figure and require a tap-in fee based upon that amount. The actual tap-in fee will then be determined within 18 months based upon actual consumption. Any overcharge will be refunded to the user, and any underpayments will be immediately due and payable to the Borough.
In addition to the aforementioned fees, all parties, residential and business, will be required to pay for the cost of the water meter, valves and related fittings to install same.
Each building or property shall be supplied through a service pipe from a separate curb cock and box, unless Borough Council shall specifically authorize more than one building to be supplied by the same service line. Where two or more buildings are supplied through a single service line pursuant to such special permission, any violation of any provision of this article or of any other regulation relating to the water supply with reference to either or any of such buildings shall be deemed a violation as to all, and the Borough may take such action as to all as may be taken with reference to a single building, provided that reasonable notice shall have been given to each consumer concerned.
The Borough reserves the right at any time to shut off the water in the main in case of accident or for the purpose of making alterations or repairs. It shall be the duty of the Superintendent of the Water Department to cause notice to be given to all consumers within the area where a shutoff is to take place, except in case of accident, in which case the water may be shut off without notice.
[Amended 2-13-1995 by Ord. No. 705; 12-11-1995 by Ord. No. 715]
All property owners with property connected to the water system shall at all times, at their own expense, keep their service pipe and all fixtures connected thereto and the water meter serving such property in good repair and protected from frost and shall take all steps to prevent all unnecessary waste of water. The Borough shall have authority, following notice to any property owner who in any manner violates or fails to conform to the requirements of this section, to cause the water to such property to be shut off and not again to be turned on until such property owner shall have rectified the condition causing such violation and shall have paid a fee as established from to time to time by Borough Council towards the expense of restoring service.
If the water meter serving a property freezes and requires replacement due to failure of the property owner to protect same from frost damage, the property owner shall be assessed a fee, in an amount as established by resolution of Borough Council, in addition to the established fee for restoration of service.
Water meters shall be furnished and installed by the Borough, but the owner of the property in which every such meter is installed shall be responsible for payment to the Borough of the cost of the meter, the cost of its installation and all expenses of maintenance thereof. If any meter shall fail to register, the consumer shall be charged at the average daily consumption rate for the period when the meter was out of order. The consumer may request and the Water Superintendent may require the testing of any meter for accuracy when there appears to be need for the same. The cost of such tests and of repairing or replacing the inaccurate meter shall be borne by the owner of the property in which the meter is installed.
The Borough may at any time restrict or regulate the quantity of water to be used by all consumers in case of scarcity or whenever the public exigencies may require such action. To use water in violation of any such restriction shall be a violation of this article.
[Amended 12-11-1995 by Ord. No. 715]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.