[Adopted 6-5-1967 (Ch. 109, Art. III, of the 1985 Code)]
[Amended 1-4-1993 by Ord. No. 1-1993]
For the purposes of this article, the following definitions shall prevail:
- BONA FIDE USER
- An owner or occupant of a building designed for "domestic use" or "commercial use," or a combination thereof, as those terms are defined in § 326-1; provided, however, that if such building is designed or converted into units capable of multiple occupancy, then each occupied unit shall be considered a "bona fide user."
- COLLECTOR LINE
- A sewer line which is constructed after the date of this article and designed primarily to collect sewage from domestic and commercial units and convey the same to the trunk line.
- A person, firm or corporation being the owner of a tract of land within the geographical boundaries of this Borough and desirous of developing said land in accordance with the provisions of Chapter 400, Zoning, and Chapter 350, Subdivision and Land Development, of the Code of the Borough of Spring Grove, and requesting that said area be serviced by the sewer system.
- INTERCEPTOR SEWER
- Any portion of the sewer system in existence as of the date of this article which is capable of receiving sewage from any proposed extension of the sewer system.
- LATERAL LINE
- A sewer line constructed from the collector line to the curbline adjacent to an occupied building or a lot intended for the purpose of constructing a building thereon; in the event there is no curbline, then said lateral line shall terminate at the outside edge or traveled portion of the street or highway.
- SEWER SYSTEM
- The overall sewer collection system and sewage treatment plant serving this Borough and any extensions thereof or improvements thereto constructed from time to time hereafter.
- TRUNK LINE
- A sewer line which is constructed after the date of this article and designed primarily to connect the area to be serviced with the interceptor sewer. Such "trunk line" may be subsequently extended and may be used to receive sewage directly at any point between its connection to the interceptor sewer and the point of the area to be serviced.
The provisions of this article shall apply to only those extensions or improvements that are made by or under the permission of the Borough pursuant to the provision of the last paragraph of Section 13 of the aforesaid lease dated August 1, 1962.
Editor's Note: A preamble to Article III of this chapter recites that the sewer collection system and the sewage treatment plant of the Borough are owned by the Spring Grove Borough Authority and that these facilities were leased by the Spring Grove Borough Authority, as lessor, to the Borough of Spring Grove, as lessee, by a lease dated August 1, 1962. The sections referred to in §§ 326-18 and 326-19 are sections of that lease.
The cost of constructing such extensions or improvements, including all costs directly connected therewith, such as engineering fees, legal fees, inspection fees, etc., shall be paid either by the Borough from funds which may be available for that purpose pursuant to the terms of Sections 3 and 4 of the aforesaid lease or at the direction of Borough Council, all of such costs shall be paid by the developer of the area to be serviced by such extensions or improvements.
A developer, as hereinbefore defined, shall submit a request to the Secretary of this Borough for such sewer service. Such request shall be accompanied by such detailed plans of the are to be developed as are required by the Land Subdivision Ordinance of this Borough.
The Secretary shall submit such request and accompanying plans to the next meeting of Borough Council held after receipt of said request, and Borough Council, after consideration there of, shall give tentative approval to said request or shall direct such further investigation or conference with respect thereto as may deem advisable.
All plans and specifications for the construction of said extensions or improvements shall be prepared, at the direction of Borough Council, either by the Borough Engineer or by the Consulting Engineer for the Spring Grove Borough Authority, and preliminary estimate of the cost of such extensions or improvements shall be determined by said Engineer. If the plans and specifications are prepared by the Borough Engineer, they shall be submitted by said Engineer to the Consulting Engineer for the Spring Grove Borough Authority for approval. No construction shall commence prior to receipt of such approval.
When preliminary estimate of cost has been determined and submitted to Borough Council, Council shall determine whether any or all of such costs shall be borne by the Borough or shall be paid by the developer.
When final approval of the plans and specifications has been given by the Consulting Engineer for the Spring Grove Borough Authority and the Borough Council has made its determination with respect to the payment of the costs of construction, Council shall proceed to receive bids for the work and/or shall direct the developer to perform the work with a contractor of developer's choice and at the developer's cost.
All construction work shall be subject to the supervision and inspection of the Borough Engineer and subject to final inspection and approval of the consulting engineer for the Spring Grove Borough Authority.
Simultaneously with the direction to a developer to perform the work, the developer shall enter into a contract with the Borough, which said contract shall provide, among other things:
That the developer and developer's contractors shall assume all liability with respect to the performance of said work and shall save harmless the Borough and the Spring Grove Borough Authority from any damage arising as a result of the performance of said work; that the developer shall cause to be filed with the Borough Secretary proper certificates of insurance in favor of the Borough and Spring Grove Borough Authority with respect to public liability and property damage in such amounts as Council may direct.
That said extensions or improvements and all necessary appurtenances shall become and remain forever the property of the Spring Grove Borough Authority.
That said work shall be performed under the provisions of this article.
That said developer shall be reimbursed for the cost of said work by the Borough on the following basis:
In the event that a trunk line, as hereinbefore defined, is constructed by the developer, the Borough will pay to the developer as a refund the sum of $25 for each bona fide user connected to the sewer system within a period of 10 years from the date of said contract and using the trunk line thus constructed; said refund shall be made irrespective of whether the bona fide user is located within or without the area actually developed by the developer. But in no event shall the total of refunds paid to the developer exceed the actual cost to the developer of the construction of said trunk line.
For each new bona fide user connected to the sewer system within a period of 10 years from the data of said contract, located within the area under development by the developer and provided with a collect for line and lateral, as hereinabove defined, at the cost of the developer, the Borough will pay to the developer as a refund the sum of $200 for each bona fide user. But in no event shall the total of refunds to the developer exceed the actual cost to the developer of the construction of said collector line and said lateral line and appurtenances.
It is understood by the parties to said contract that the only source of moneys available to the Borough from which to make the said refunds is the moneys in the Sewer Revenue Account of the Borough arising under the provisions of Section 4 of the lease dated August 1, 1962, hereinbefore referred to, and specifically earmarked for use for sewer system purposes only. In the event that such moneys become exhausted, then claims for refunds shall have a claim on any future money arising under the provisions of said Section 4 in the order in which claims for refunds are presented. But in no event shall said developer have any claim upon the general funds of the Borough arising from taxes or any other source or upon any funds of Spring Grove Borough Authority.
Said refunds shall be made at the end of each lease fiscal year annually after the date of said contract for the number of bona fide users connected to the sewer system during that lease fiscal year.
Upon completion of the construction work, the Borough, upon proper application, shall provide sewer service to all such bona fide users in accordance with the then presently existing rates, rules and regulations of the Borough.
That said developer shall submit to the Borough Secretary within a reasonable time after the completion of any such extensions or improvements paid invoices covering the cost of the work, and the total thereof, after approval by Borough Council, shall be the basis for the reimbursement contemplated herein.