In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter. The following terms shall have the meanings indicated:
BOROUGH
The Borough of Palmyra, Lebanon County, Pennsylvania.
DWELLING UNIT
Any room, group of rooms, mobile home, building or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as a separate living quarters by a family or any other group of persons living together or by a person or persons living alone.
EDU
An equivalent dwelling unit; when computing the tapping fee, the amount of water consumed by an average dwelling in a day which is estimated to be 195 gallons per day ("gpd"). When computing the tapping fee, nonresidential uses shall be assigned a number of EDUs based upon the estimated or actual water consumption, and each 195 gpd of water consumed or estimated to be consumed shall be considered one EDU.
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure wastewater shall be or may be discharged.
NONRESIDENTIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used wholly or in part for the purpose of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable, institutional or public uses, or used or intended to be used in the operation of a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article and which contains plumbing for kitchens, toilets or washing facilities, excluding dwelling units.
OWNER
Any person vested with the ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, estate, trust, firm, association, corporation, municipality, municipality authority, school district or any other group or legally recognized entity, and the members of such partnership or association and the officers of such corporation.
SEWER SYSTEM
The wastewater collection and conveyance facilities and the capacity acquired in the wastewater treatment plant of North Londonderry Township owned and operated by the Borough.
TAPPING FEE
A fee imposed to enable the recovery of the equity in the sewer system which shall be composed of a capacity part and a collection/conveyance part and may, in the future, if warranted, include for some customers a special purpose part and/or a reimbursement part. A tapping fee shall be considered the fee referred to as a "tapping fee" in the Municipality Authorities Act[1] and as made applicable to the Borough by the Borough Code, 8 Pa.C.S.A. § 2053.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
A tapping fee as set forth in § 228-57 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall physically connect such improved property to the sewer system or who or which shall expand, change or intensify the use of an improved property previously connected to the sewer system, for the use of the sewer system, whether such use or the expansion, change or intensification of such use shall be direct or indirect. A tapping fee is charged for each dwelling unit and each nonresidential establishment as set forth in § 228-57.
A. 
Each owner of an improved property shall pay a tapping fee for the use, ability to use, or expansion of use of the sewer system calculated as follows:
(1) 
Capacity part. A fee shall be imposed to recover the cost of capacity-related facilities which provide service to dwelling units and nonresidential establishments shall be as follows:
(a) 
Dwelling unit: $1,045.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $1,045.
(2) 
Collection part. A fee shall be imposed to recover the cost of collection facilities which provide service to dwelling units and nonresidential establishments as follows:
(a) 
Dwelling unit: $4,761.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $4,761.
B. 
In case of a combination of one or more dwelling units each thereof having use of the sewer system through one sewer connection, each such dwelling unit shall be charged the fee herein provided as though each dwelling unit had a direct and separate connection to the sewer system. Each dwelling unit in a double house, row or connecting houses, and in a trailer park or mobile home park shall be considered as a separate entity for the purpose of calculating the tapping fee. In the case of apartment buildings, each apartment shall be considered a dwelling unit, and one tapping fee shall be paid for each dwelling unit within the apartment building.
C. 
The amount of the tapping fee for connection of each nonresidential establishment to the sewer system shall be based upon the number of EDUs attributable to the use based upon estimated water consumption. If necessary, the water consumption shall be estimated by the Borough or the Borough's consulting engineer using standard engineering data and procedures. Within one year following the date of connection, the Borough shall make an analysis of actual water consumption and/or discharge, and the Borough shall thereafter adjust the tapping fee previously collected, either upward or downward, based on the actual consumption and/or discharge. In no event shall the tapping fee for a nonresidential establishment be less than the tapping fee for one EDU.
D. 
If an applicant for capacity in the sewer system or an owner of improved property which will expand its use of the sewer system has submitted or shall submit a planning module for land development to the Pennsylvania Department of Environmental Protection or a local agency which has been delegated to approve such planning documents in accordance with Act 149 of 1994[1] which sets forth the capacity in the sewer system required by the applicant or the owner for the improved property, the amount of the tapping fee shall be based upon the number of EDUs attributable to the use or expansion of the use calculated used the capacity requirement set forth in the planning module for land development. The tapping fee shall not be reduced, regardless of actual consumption, unless and until a revision to the planning module for land development is filed with, and approved by, the Department of Environmental Protection or the delegated local agency reducing the projected capacity required.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
E. 
The tapping fee shall not be charged for the re-occupancy of vacant buildings where flows have temporarily been reduced or eliminated.
Should any owner of any improved property connected to the sewer system expand, change or intensify the use of said improved property, the owner shall pay a tapping fee calculated in the manner set forth in this article upon the expanded, changed or intensified portion of such use of the sewer system by the improved property. Examples of an expansion, change or intensification of the use of an improved property shall include, but shall not be limited to, the installation of an additional dwelling unit or units in an existing dwelling or the commencement of a home occupation which requires use of the sewer system such as a beauty salon or barber shop; the conversion of a warehouse to a restaurant or manufacturing facility; or the adding of a third work shift to an industrial processing operation. A change in sewage flows generated by an improved property of more than 500 gallons per day on the basis of average daily flows over the prior 12 months shall be considered an expansion of the use of the sewer system, regardless of whether the improved property has been enlarged or any new use has been instituted. The Borough may compare current flow rates with flow rates previously approved by means of the payment of tapping fees or the approval of a planning module for land development or with the last calendar year average daily flow based on water meter readings for the entire year to determine whether there has been a change in sewage flows exceeding 500 gallons per day, regardless of whether the improved property has been expanded or any new use has been instituted.
The tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system as provided in Article III of this Part 3; or at the time application is made to the Borough for a zoning or building permit; or on the date when the Borough shall connect any such improved property to the sewer system at the cost and expense of the owner when such owner shall have failed to make such connection as required by the Borough pursuant to the provisions of Article III of this Part 3; or when the use of an improved property connected to the sewer system is expanded, as the same may hereafter be amended or supplemented, whichever shall occur earlier.
All tapping fees shall be payable to the Treasurer of this Borough or to such other officer or representative of this Borough as shall be authorized, from time to time, to accept payment thereof. Tapping fees which are not paid in full when due shall bear interest at the rate of 12% per annum or at the rate of any outstanding debt incurred by the Borough, whichever is greater.
The tapping fees imposed hereunder shall be in addition to any fees or charges imposed by the Rate Ordinance, codified as Article IV, Sewer Rates and Charges, of this Part 3, or any other fees or charges fixed or imposed by the Borough by reason of the reservation of capacity in the sewer system or the use, or availability for use, of the sewer system.
A. 
Any person who or which shall violate or shall assist or permit any other person to violate any of the provisions of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including the Borough's reasonable attorneys' fees incurred in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation. Each section of this article violated shall constitute a separate violation.
B. 
In addition to or in lieu of the penalties provided in Subsection A hereof, the Borough may commence actions to collect fees which are due and payable under this article and/or may file a municipal claim for the unpaid fees, plus costs of collection, including the reasonable attorneys' fees incurred by the Borough, against the improved property. Any violations of this article may be abated by proceeding against the violator in a court of equity for relief.
This Borough reserves the right, from time to time, to adopt modifications of, supplements to, or amendments of this article. The Borough reserves the right to establish separate service areas which may have a special purpose part and/or reimbursement part of the tapping fee in addition to the capacity part and collection part imposed throughout the sewer system. Where an extension of the sewer system has been made at the expense of a private person, the Borough reserves the right to require payment of a reimbursement part of the tapping fee.
In accordance with the requirements of the Municipality Authorities Act, as amended by Act 57 of 2003,[1] a report showing the calculation of the fees imposed by this article is attached hereto as Exhibit "A" and incorporated herein.[2]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: Exhibit "A" is on file in the Borough offices.