[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-24-1939 by Ord. No. 58 (Ch. 26, Part 1, of the 1990 Code of
Ordinances)]
[Amended 6-10-1957 by Ord. No. 106; 10-2-1990 by Ord. No. 244]
Unless other expressly stated, the following words shall, for the purpose of this Article I, have the meanings herein indicated.
The party contracting for a supply of water to a property
as hereinafter classified, i.e.:
A building under one roof or a combination of buildings in one
common enclosure, occupied by one party as one business and/or residence;
or
A group or combination of buildings owned or leased by one party,
occupied by one family or one corporation or firm as a place of business,
or for manufacturing or industrial purposes, or as a school, town
hall or other public institution; or
The one side of a double house having a solid vertical partition
wall; or
Each side or part of a building occupied by more than one family
or business, even though the closet and other fixtures may be used
in common; or
Each apartment, office or suite of offices located in a building
having more than one such apartment, office or suite of offices and
using in common one or more halls and one or more means of entrance;
or
A single lot, park or playground.
That part of the Water System located on a lateral or water
main which enables the shutoff of water service to a particular consumer.
[Added 10-1-2013 by Ord.
No. 372]
Includes person or persons, firm or firms, estate, trusts,
corporation or corporations, and any other entity.
Any person or persons, firm or firms, corporation or corporations
engaged in the general business of plumbing.
The water distribution system wholly within the dwelling
or dwellings or building or buildings of a consumer and extending
from such dwelling or building to the curb stop and including the
curb stop and the curb box.
[Amended 10-1-2013 by Ord. No. 372]
Such members of the Borough Council who have been appointed
to oversee the affairs of the municipal water system by the President
of the Borough Council.
Fixed charges which are imposed and collected by the Borough
merely as compensation for the supplying of water to the consumer
and the use thereof by the consumer.
The person appointed by Borough Council to operate and oversee
the operation of the Water System and, as applicable, the assistants
of the Water Superintendent designated by the Water Superintendent
or Borough Council to perform such duties as may be necessary and
proper for the operation of the Water System.
The municipal water supply system operated by the Borough
of Adamstown and all parts of this system except private systems.
[Amended 6-10-1957 by Ord. No. 106; 5-5-1981 by Ord. No. 194; 12-27-1984 by Ord. No. 204; 1-6-1987 by Ord. No. 214; 12-6-1988 by Ord. No. 230; 12-3-1991 by Ord. No. 250; 9-1-1992 by Ord. No. 252; 3-4-1997 by Ord. No. 280; 12-2-1997 by Ord. No. 285]
A.
Effective for the quarterly bill forwarded on or after January 1,
2012, covering the quarterly period ending December 31, 2011, and
thereafter, there is hereby imposed upon the owner of each property
serviced by the Water System quarter-annual water rates based upon
water consumption as determined by the quarterly reading of water
meters as follows:
[Amended 12-5-2000 by Ord. No. 297; 12-3-2002 by Ord. No. 305; 1-9-2007 by Ord. No. 336; 11-11-2008 by Ord. No. 344; 1-6-2009 by Ord. No. 346; 12-1-2009 by Ord. No. 353; 12-6-2011 by Ord. No. 363]
(1)
First 3,000 gallons or less per quarter: $27.30.
(2)
Next 1,000 gallons per quarter (i.e., 3,001 to 4,000 gallons or less
per quarter): additional $7.20.
(3)
Next 1,000 gallons per quarter (i.e., 4,001 to 5,000 gallons or less
per quarter): additional $7.20.
(4)
Excess over 5,000 gallons per quarter: additional $3.10 per 1,000
gallons or portion thereof.
|
The minimum quarterly charge shall be $27.30 per quarter annum
to each consumer.
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B.
If two or more consumers are supplied from one connection, the minimum water rate of $27.30 per quarter is hereby imposed for each separate consumer. If water used in any quarter is in excess of 3,000 gallons multiplied by the number of consumers supplied from the single connection, water rates as set forth in Subsection A above shall apply to such excess.
[Amended 12-5-2000 by Ord. No. 297; 12-3-2002 by Ord. No. 305; 1-9-2007 by Ord. No. 336; 11-11-2008 by Ord. No. 344; 1-6-2009 by Ord. No. 346; 12-1-2009 by Ord. No. 353; 12-6-2011 by Ord. No. 363]
C.
All water rates, together with any penalties thereon, shall be paid
by the consumer to the Borough for the use of the Borough at the times
and in the manner hereinafter specified.
D.
The water rates herein imposed shall be computed quarterly for the
calendar quarters beginning on January 1, April 1, July 1, and October
1 of each calendar year. Water rates shall be billed for the preceding
calendar quarter. Water rates shall be paid on or before the 30th
day after the mailing date indicated on the bill.
[Amended 4-5-2011 by Ord.
No. 358]
(1)
If the consumer fails to pay the bill for water rates within 30 days
after the date of mailing indicated on the bill, such bill shall be
deemed delinquent. A penalty of 10% shall be added to such bill plus
any certified and other mailing costs and any nonsufficient funds
charges incurred by the Borough. The amount of the bill, plus the
ten-percent penalty, plus other charges shall thereafter constitute
the gross water bill.
(2)
The gross bill shall bear interest at the rate of 1 1/2% per
month or fraction thereof beginning 30 days after the mailing date
indicated on the water bill. This is an annual percentage rate of
18%. Interest shall continue to accrue until the delinquent account
is paid in full.
(3)
In the event that the Borough institutes a civil action to collect
delinquent water rates, the consumer shall be responsible for all
costs arising out of the civil action, including but not limited to
filing fees and the costs of service of process (whether by certified
mail or other means).
(4)
Each consumer shall be responsible for all costs which the Borough
incurs in filing a municipal lien to secure payment of delinquent
water rates, including but not limited to certified mail charges for
notification of intent to include attorneys' fees in the amount of
the municipal lien, attorneys' fees, and filing fees.
E.
In the event that a consumer fails to pay the water rate due, together
with the penalty thereon, within one month after the same shall become
due, the Water Superintendent shall, after providing any notices to
the consumer which may be required by statute, shut off the water
supply to the delinquent consumer. In order to resume water service,
the delinquent consumer must pay all delinquent water rates, including
any penalties imposed thereon, and a reconnection fee in the amount
established by resolution or ordinance of Borough Council.
F.
In the event that a consumer fails or refuses to pay water rates
due and/or penalties imposed thereon, Borough Council may direct the
Borough Solicitor to file a municipal claim against the property to
which such service has been provided.
G.
Every owner shall keep the Borough advised of his correct address.
Failure of any owner to receive his quarterly bill shall not be considered
an excuse for nonpayment, nor shall such failure result in an extension
of time during which the net bill is payable.
H.
The person appointed by Borough Council to collect the water rates
shall furnish a bond in an amount reasonably estimated to reflect
the water rates and fees to be collected on a quarterly basis or such
greater amount as may be required by any loan documents or trust indenture,
conditioned for the faithful performance of such duties, which bond
shall be approved by the Borough Council.
[Amended 6-10-1957 by Ord. No. 106; 5-5-1981 by Ord. No. 194; 12-27-1984 by Ord. No. 204; 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252]
Borough Council shall appoint a Water Superintendent, who shall
hold such position and who shall serve at the pleasure of Borough
Council. The Water Superintendent, under the direction of Borough
Council and the Water Committee, shall manage and operate the Water
System. He shall have charge of all equipment, tools, plant, mains,
connections, fire hydrants, reservoirs, and pumps.
A.
The Water Superintendent shall make all meter readings required to
bill consumers for water consumed. The Water Superintendent shall
work with the Borough Secretary and any other person designated by
Borough Council to compute the amount due from each consumer, prepare
bills, and deliver same to each consumer. The Superintendent shall
keep accurate records of all meter readings, reservoir readings, supplies
and materials used in the operation of the Water System.
B.
The Water Superintendent shall maintain fire hydrants in proper condition
so that they will be available for immediate service at all times.
To the extent required, the Water Superintendent shall work with the
volunteer fire companies providing service to the Borough to ensure
that adequate fire flow protection may be maintained.
C.
At each regular meeting of the Borough Council, the Water Superintendent
shall make a complete report of the work done during the preceding
month or period. Said report shall include repairs made and such other
matters as Borough Council may from time to time require.
D.
In the event any leakage, waste of water or unnecessary flow of water
comes to the knowledge of or is reported to the Water Superintendent,
he shall immediately correct the condition causing the leakage, waste
or unnecessary flow in the following manner: If said leakage, waste
or unnecessary flow is in a private system and is caused by a willful
or negligent act of a person or by a defect in the private system,
and the consumer refuses to make immediate repairs, the Water Superintendent
may shut off the water and discontinue service to said consumer until
the defect is remedied. In the event that the leakage, waste or unnecessary
flow occurs in the Water System, the Water Superintendent shall take
all necessary steps in order to efficiently and in a workmanlike manner
repair and correct the condition.
E.
The Water Superintendent shall have the duty to supervise all connections
and repairs to the Water System and see that they are made in a proper,
workmanlike and efficient manner.
F.
Conditions for connections.
(1)
All connections from the water main to the curb box and from the
curb box to the private system shall be made at the expense of the
applicant for a connection permit as hereinafter designated. No person
shall make or cause to be made a connection of a property with the
Water System until the following conditions have been fulfilled:
(a)
The Secretary of the Borough shall have been notified at least
24 hours in advance of the time when such connection will be made.
(b)
The required permit shall have been obtained.
(c)
All fees imposed by the Borough have been paid.
(d)
Any required street opening permit has been obtained and paid
for by the owner.
(e)
The Water Superintendent has reviewed and approved the plans
for the connection.
(2)
All connections shall be made only by plumbers who have conformed
to the requirements hereinafter specified and who have been licensed
by the Borough Council.
G.
All connections from the water main to the private system shall be
made under the supervision of the Water Superintendent. Before any
water is permitted to flow into the private system, the Water Superintendent
shall inspect the same and approve the private system and connection.
Said approval shall be endorsed on the connection permit and returned
by the consumer to the Water Superintendent, who shall file it with
the records pertaining to the Water System.
H.
All water meters shall be supplied by the Borough and installed at
the place and in the manner directed by the Water Superintendent.
After installation, the location of the water meter shall not be changed,
except by the permission and under the direction of the Water Superintendent.
All meters shall remain the property of the Borough, and all meter
repairs shall be made by the Borough.
I.
Every consumer shall maintain a passageway to the water meter and
shall keep the water meter accessible for inspection, reading, repair
or removal at all times. In the case of breakage, stoppage or other
irregularities in the water meter, the consumer in whose premises
the water meter is located shall immediately report said condition
to the Water Superintendent. The Water Superintendent shall have,
to the extent permitted by law, the right of access at reasonable
times to the premises served by the water system for the purpose of
inspection, measurement, sampling, testing and other functions relating
to water service rendered by the Borough. Without limiting the foregoing,
the Borough's duly authorized representatives, agents, contractors
or employees bearing proper credentials and identification shall be
permitted, at reasonable times, to enter upon any premises connected
to or about to be connected to the water system for the purpose of
inspection, examination of connections to the water system, examination
of the water meter, observation, measurement, sampling, and/or testing.
Any person who shall refuse to permit the Borough's duly authorized
representatives to perform such functions at reasonable times after
presentation of property credentials and identification shall be in
violation of this chapter. The Borough shall have the right to terminate
water service or take any other action permitted by law if the Borough
is not provided with reasonable access to inspect, examine, observe,
measure, sample, or test connections to the water system and/or the
water meter.
[Amended 10-2-2018 by Ord. No. 392]
J.
If the Water Superintendent finds a meter seal broken, or other evidence
of tampering with the meter, or if a meter fails to register properly,
the bill for the period will be estimated from the consumption of
preceding periods when water was supplied under similar conditions
and correctly measured to the consumer in whose premises the meter
is located. The consumer will be charged for such estimated consumption.
K.
Whenever a drought warning or drought emergency occurs, the Borough
Council, in its discretion, may authorize the Mayor to issue a proclamation
prohibiting the use of water from the Water System for any other than
necessary human consumption and sanitary domestic needs. Consumers
shall comply with any restrictions upon water consumption imposed
by the Pennsylvania Emergency Management Council during times of drought
emergencies.
L.
Whenever the premises of a consumer is to be vacated, either temporarily
or permanently, said consumer shall notify the Water Superintendent
prior to vacating the premises. Such notification is required whether
the consumer himself occupies the premises of whether a tenant or
other person is in possession. When so notified, the Water Superintendent
shall turn off the water at the curb box, and a special reading shall
be made and billed to the consumer. If water service is discontinued
in this manner, the water service shall be restored only upon payment
of a reconnection fee as established by Borough Council.
M.
The consumer shall be responsible for the maintenance of all portions of the private system. Should water leakage occur, the Water Superintendent shall determine whether such leakage is located between the water main and the curb stop and curb box or is located at or after the curb stop or curb box and within the private system. The consumer shall repair any leaks within the private system and, if the consumer fails to do so, water service to the consumer may be terminated by the Water Superintendent in accordance with the provisions of Subsection D of this section.
[Added 10-1-2013 by Ord.
No. 372]
[Amended 6-10-1957 by Ord. No. 106; 10-11-1965 by Ord. No. 134; 12-27-1984 by Ord. No. 204; 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252]
A.
Any person desiring to buy water shall first make application to
the Water Superintendent for a connection permit.
B.
The form of said application shall be prescribed by the Water Committee of the Borough Council and shall be approved by the Borough Council. It shall specify the name of the applicant, the location of the property to be serviced, the number of persons to be supplied or the estimated usage for a nonresidential use, the purpose for which the water is to be used, and the name and address of the plumber to be employed by the applicant to make the connection. The applicant shall pay a permit fee in an amount established by resolution or ordinance of Borough Council to reimburse the Borough for the administrative costs in processing the application and shall pay a connection fee, tapping fee, and customer facilities fee as established by Borough Council. Upon approval of the application by the Water Superintendent and payment of all fees, the Water Superintendent shall issue a connection permit. Connections to the Water System shall comply with all rules and regulations of the Borough and with the requirements set forth in § 304-3 herein.
C.
In the event two or more consumers desire to be supplied with water
from a single connection, the approval of Borough Council shall be
obtained before the Water Superintendent shall issue a permit authorizing
such connection.
[1]
Editor’s Note: Former § 304-5, Plumbers’
license, as amended, was repealed 10-2-2018 by Ord. No. 392.
[Amended 10-2-1990 by Ord. No. 244]
A.
From and after the passage of this Article I, it shall be unlawful for any person:
(1)
To pollute the reservoir, water system and water supply source;
(2)
To damage any part of the Water System;
(3)
To open any fire hydrant and cause a waste of water;
(4)
To willfully or negligently allow water to flow unnecessarily from
the private system in his, her, its or their building or buildings.
(5)
If entrusted with the spanner for opening fire hydrants, to open
the same on any occasion whatsoever except at the request of a member
of the Water Committee or the Superintendent or in case of fire;
(6)
To supply water to any person for the use off the premises of the
consumer unless by permission of the Water Superintendent;
(8)
To refuse access to the water meter on the consumer's premises to
the Water Superintendent or a Borough employee;
(9)
To make a meter inaccessible to the Water Superintendent or a Borough employee, contrary to § 304-3;
(11)
To change the location of any water meter;
(12)
To make a connection to the Water System without first having
obtained a connection permit;
(13)
To employ any plumber other than a licensed plumber and the
one so specified in the connection permit to make connections and
install a private system;
(14)
To refuse to obey and follow the directions of the Water Superintendent
in installing the connection from the curb box to the private system
or the installation of a meter;
B.
Any person who shall violate a provision of this chapter or who shall
fail to comply with the requirements thereof shall be liable, upon
summary conviction therefor, to fines and penalties of not less than
$250 nor more than $1,000, plus all costs of prosecution, including
the Borough's attorneys' fees. All fines and penalties collected for
the violation of this chapter shall be paid to the Borough Treasurer.
Each day that a violation continues and each section of this chapter
which is violated shall be deemed a separate offense. This chapter
may also be enforced by an action in equity brought in the Lancaster
County Court of Common Pleas.[1]
[Amended 10-2-2018 by Ord. No. 392]
[1]
Editor's Note: Original § 107, Finance, which immediately
followed this section, was repealed 9-1-1992 by Ord. No. 252.
[Adopted 1-6-1987 by Ord.
No. 215; amended in its entirety 9-1-1992 by Ord. No. 252 (Ch.
26, Part 2, of the 1990 Code of Ordinances)]
Unless otherwise expressly stated, the following words, when used in this Article II, shall have the meanings ascribed to them in this section:
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended and supplemented.
[Added 7-5-2005 by Ord.
No. 319]
The Borough of Adamstown, Berks County and Lancaster County,
Pennsylvania.
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
or public uses, excluding dwelling units.
A fee based upon the actual cost of the connection of the
property extending from the water main to the property line or curb
stop of the property so connected, including reasonable costs for
inspection and restoration.
The party contracting for or receiving a supply of water
to a property as hereinafter classified, i.e.:
A building under one roof or a combination of buildings in one
common enclosure, occupied by one party as one business and/or residence;
or
A group or combination of buildings owned or leased by one party,
occupied by one family, or one corporation or firm as a place of business,
or for manufacturing or industrial purposes, or as a school, town
hall or other public institution; or
The one side of a double house having a solid vertical partition
wall; or
Each side or part of a building occupied by more than one family
or business, even though the closet and other fixtures may be used
in common; or
Each apartment, office or suite of offices located in a building
having more than one such apartment, office or suite of offices and
using in common one or more halls and one or more means of entrance;
or
A single lot, park or playground.
A fee designed to reimburse the Borough for its costs incurred
for facilities serving an improved property from the property line
or curb stop to the structure. The customer facilities fee shall include
the cost of the water meter, remote reader and other metering facilities
and the cost of installation if installed by the Borough.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
[Added 7-5-2005 by Ord.
No. 319]
Any room, group of rooms, mobile home, building or other
enclosure connected, directly or indirectly, to the Water 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.
An equivalent dwelling unit; the amount of water consumed
by an average dwelling in a day, which is required to be 172.25 gallons
per day ("gpd") in accordance with the Authorities Act. Nonresidential
uses shall be assigned a number of EDUs based upon the estimated or
actual water consumption, and each 172.25 gallons per day consumed
or estimated to be consumed shall be considered one EDU, with such
consumption being calculated using the consecutive ninety-day period
with the highest consumption. In calculating the applicable number
of EDUs herein, the number of EDUs shall always be a whole number
and any portion whatsoever of an EDU shall be rounded up to the next
highest EDU.
[Amended 7-5-2005 by Ord.
No. 319; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and at which structure water shall be consumed.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the Water System and used or intended for
use, in whole or in part, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article.
An improved property other than a dwelling unit. Nonresidential
units shall include but not be limited to all improved properties
used as commercial units, industrial units, or for institutional purposes.
[Added 7-5-2005 by Ord.
No. 319]
Any person vested with the ownership, legal or equitable,
sole or partial, of any improved property.
The fee imposed to recover the Borough's costs in processing
applications, issuing connection permits, and similar matters, which
shall be established by separate resolution.
[Added 7-5-2005 by Ord.
No. 319]
Any individual, partnership, estate, trust, firm, association,
corporation, municipality, municipality authority, school district
or any other group or legally recognized entity.
The water supply system wholly within the dwelling or dwellings
or buildings of a consumer.
A fee imposed under the authority of the Borough Code to
enable the recovery of the Borough's equity in the Water System, which
shall be composed of a capacity part and a distribution 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 Act 203 of 1990.[1]
The fixed charges which are imposed and collected by the
Borough merely as compensation for supplying water to the consumer
and the use thereof by the consumer.
The municipal water supply system operated by the Borough
of Adamstown and all parts of the water supply system, except private
systems.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5607.
[Amended 7-5-2005 by Ord.
No. 319]
No person shall connect any improved property with any part of the Water System without first making application for and securing a permit, in writing, from the Borough in accordance with § 304-4 of this chapter. Such application shall be made on a form to be provided by the Borough. A permit for connection to the Water System shall be valid for a period of one year from the date of the permit.
A tapping fee as set forth in § 304-10 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall connect such improved property, directly or indirectly, to the Water System, for the use of the Water System, whether such use shall be direct or indirect. Such tapping fee is charged for connection of each dwelling unit and each commercial establishment and industrial establishment as set forth in § 304-10.
[Amended 4-6-1996 by Ord.
No. 276; 2-2-1999 by Ord. No. 289; 7-5-2005 by Ord. No. 319; 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374]
A.
Each owner of improved property shall pay a tapping fee for the use,
ability to use, or expansion of use of the water system calculated
as follows:
[Amended 6-7-2022 by Ord. No. 414]
B.
In case of a combination of one or more dwelling units and each thereof
having use of the Water System through one water connection, then
each such dwelling unit shall be charged the fee herein provided as
though each dwelling unit had a direct and separate connection to
the Water 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 improved property
to the Water System shall be based upon the number of EDUs attributable
to the use based upon estimated water consumption. If necessary, the
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 consumption, and the Borough shall thereafter adjust the
tapping fee previously collected, either upward or downward, based
on the actual consumption. In no event shall the tapping fee for an
improved property be less than the tapping fee for one EDU.
D.
If an applicant for capacity in the Water System or an owner of improved
property which will expand its use of the Water System has submitted
or shall submit a planning module for land development to DEP which
sets forth the projected use of capacity in the sewer system owned
and operated by the Borough required by applicant for the improved
property, the amount of the tapping fee shall be based upon the number
of EDUs attributable to the use calculated using the capacity requirements
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 DEP, reducing the projected capacity
required.
E.
The tapping fee shall not be charged for the reoccupancy of vacant
buildings where use of the Water System has temporarily been reduced
or eliminated.
[Added 9-1-1992 by Ord.
252]
Should any owner of any improved property heretofore connected
to the Water System or hereinafter connected to the Water System expand
the use of said improved property, a tapping fee, calculated in the
manner set forth herein, is hereby imposed upon the expanded portion
of such improved property. An expansion of the use of an improved
property shall include, but 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 the use of the Water
System, such as beauticians or barbers.
[Amended 2-2-1999 by Ord.
No. 289; 7-5-2005 by Ord. No. 319; 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
All owners of improved properties shall pay to the Borough a customer
facilities fee. The customer facilities fee shall reimburse the Borough
for its costs relating to the provision of a water meter and the installation
of a remote reader and other necessary metering facilities. The owner
shall install the meter provided by the Borough, and such installation
shall comply with all of the Borough's rules and regulations for installation
of water meters. The Borough shall determine the type of meter to
be installed based on the type of construction and use proposed. After
installation of the meter, the Borough shall inspect the installation
and shall install a remote reader and any other necessary metering
facilities. The customer facilities fee shall be the actual cost of
the water meter and associated facilities paid by the Borough, plus
the cost for the Borough to inspect the installation of the meter
and install the remote reader. The customer facilities fee shall be
not less than the costs for the installation of a basic water meter
for a dwelling unit of $510, which shall include the actual cost of
the meter, an administrative fee, and two inspections, the costs of
which may be updated by resolution. The customer facilities fee for
nonresidential establishments shall vary depending on the precise
size of the water meter and associated equipment and in no case shall
be less than $510.
A.
The permit fee, customer facilities fee, connection fee and the tapping fee, as applicable, shall be due and payable at the time application is made to the Borough to make any such connection to the Water System as provided in § 304-4 of this chapter; or at the time application is made to the Borough for a zoning permit; or on the date when the Borough shall connect any such improved property to the Water System at the cost and expense of the owner when the owner shall have failed to make such connection as required by the Borough pursuant to the provisions of any applicable connection ordinance; or whenever the Borough furnishes and/or installs a water meter, remote reader, and other necessary metering facilities; or when the use of an improved property connected to the Water System is expanded, whichever shall occur earliest.
B.
All permit fees, customer facilities fees, connection fees and tapping
fees shall be payable to the Treasurer of the Borough as shall be
authorized, from time to time, to accept payment thereof.
C.
Payment of permit fees, customer facilities fees, connection fees
and tapping fees charged by the Borough pursuant to this article shall
be enforced by the Borough in any manner appropriate under the laws
at the time in effect.
D.
The permit fees, customer facilities fees, connection fees and tapping
fees imposed hereunder shall be in addition to any fees or charges
imposed by the rate ordinance or any other fees or charges fixed or
imposed by the Borough by reason of the reservation of capacity in
the Water System for the use or availability for use of the Water
System.
E.
Tapping fees, connection fees and/or customer facilities fees which
are not paid in full when due shall bear interest at the rate of 12%
per annum or the rate of any outstanding debt incurred by the Borough,
whichever is greater.
[Added 2-1-1999 by Ord.
No. 289]
[Added 7-5-2005 by Ord.
No. 319[1]]
Upon the expiration of a connection permit and upon request
of an applicant, the Borough will refund the tapping fee, less an
administrative processing cost of 5%. No refund of the permit fee
shall be made. Such refunds must be requested by the applicant promptly,
but in any event not later than six months after the expiration of
a permit. If the applicant elects to proceed with construction in
the future, the applicant shall make a new application for a connection
permit and shall pay all tapping, connection, and customer facilities
fees the Borough imposes, together with all the permit fees in effect
at the time the applicant makes reapplication for a permit.
[1]
Editor's Note: This ordinance also repealed former § 208,
Right to amend tapping fee.
[Added 7-5-2005 by Ord.
No. 319]
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 Water System. Where an extension of the Water 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.
[Added 7-5-2005 by Ord.
No. 319; amended 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
In accordance with the requirements of 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,
and supplements to said report entitled "2009 Update Water Tapping
Fee Determination," "2014 Update Water Tapping Fee Determination,"
and "Water Tapping Fee Calculation Dated 23 March 2022" are also attached
hereto as part of Exhibit A and incorporated herein.[2]
