[Adopted 4-23-1992 by Ord. No. 1992-11 (Ch. 18, Part 1D, of the 2003 Code)]
The Township has heretofore imposed reserve
capacity charges on subdividers and land developers required or desiring
to reserve capacity in the sewer system. The payment of reserve capacity
charges guaranteed capacity to the developer while providing revenue
to the Township to offset the capital cost of providing that capacity
in advance of its actual use. The General Assembly of the Commonwealth
of Pennsylvania, by the enactment of Act 203 of 1990, has now provided
a uniform system available to all municipalities for the recovery
of certain capital costs through the imposition of certain fees payable
at the time connection is made to the sewer system or payable in advance
to guarantee the right of connection. It is deemed to be in the public
interest of the Township that future users of the sewer system pay
those fees authorized by Act 203 of 1990, as a means of purchasing
into the facilities provided by the existing users. The purpose of
this article is to provide for the imposition and collection of such
fees in substitution for the reserve capacity charges previously in
effect.
When used in this article, the following words,
terms and phrases shall have prescribed to them the meanings hereinafter
set forth:
Act 203 of 1990, enacted by the General Assembly of the Commonwealth
of Pennsylvania, effective June 19, 1991.
The Springettsbury Township Sewer Authority.
The Board of Supervisors of Springettsbury Township.
The study authorized by the Act which forms the basis for
the imposition of tapping fees.
An improved property which is intended to be used for the
purpose of carrying on a trade or business or is used for social,
religious, educational, charitable or public uses.
The physical attachment of the sewer facilities of an improved
property to the Township's lateral at the property line or curb stop.
The charge authorized by the Act for cost of construction
or use of the Township's lateral.
The charge authorized by the Act representing the cost of
connecting the sewage facilities of an improved property to the Township's
lateral at the property line or curb stop.
An improved property which is intended to be used for continuous
or periodic habitation by human beings in a single-family unit.
In the case of domestic use, any room, group of rooms, apartment,
house, trailer or other structure or enclosure occupied or intended
for occupancy as separate living quarters by a family or by persons
living together or by persons living alone. The volume of sanitary
sewage generated by one EDU is stated to be 350 gallons per day average.
Any property located within the Township upon which there
is erected or proposed to be erected a structure or structures intended
for domestic use, office use, commercial use or industrial use and
from which any sanitary sewage and/or industrial waste is or may be
discharged into the Township's sewage system.
An improved property which is intended to be used in whole
or in part for the manufacture, fabrication, processing, assembly
or conversion of any product, commodity or article.
Any solid, liquid, gaseous or waterborne wastes from industrial
processes or commercial operations, as distinguished from sanitary
sewage.
The sewer line extending from a collector sewer line of the
Township in any street or right-of-way to the property line or curb
of an improved property.
An improved property which is intended to be used in whole
or in part as a business or professional office or similar activity.
Any person vested with ownership or title, legal or equitable,
sole or partial of any improved property.
The normal water-carried household and toilet wastes from
dwellings, offices, commercial establishments, institutions and industrial
facilities, exclusive of stormwater runoff, surface water, groundwater
or industrial waste.
All sanitary or combined sewers, all laterals, all pumping
stations, all force mains, all sewage treatment works and all other
sewage facilities owned by or leased to and operated by the Township
for the collection, transportation and treatment of sanitary sewage
and industrial waste, together with the appurtenances thereof and
any addition extensions or improvements thereto.
The charge authorized by the Act for connecting an improved
property to the Township's lateral at the property line or curb stop.
Springettsbury Township, York County, Pennsylvania.
A.
The capital recovery study and the report thereof
dated September 16, 1991, prepared by Buchart Horn, Inc., the Township's
sewer consulting engineer, is hereby ratified and adopted as the basis
for establishing the tapping fees imposed by this article.
B.
The initial capital recovery study dated September
16, 1991, and the tapping fees imposed pursuant thereto shall be effective
for the period commencing with the effective date of this article
and ending on December 31, 1992.
C.
The Township's sewer consulting engineer shall annually
revise the capital recovery study to reflect capital additions and
extensions made to the sewer system by the Township or Authority since
the preceding study, the reduction of debt during that period and
all other factors required to be considered by the Act in connection
with such study. A report of the revised study shall be made to the
Board of Supervisors on or before November 1 of each year.
D.
The Board of Supervisors shall, by resolution adopted
after the receipt of the revised study report and prior to the first
day of January, of the succeeding year, establish for such year the
tapping fee authorized by the revised study report.
No person shall connect or cause to be connected
any improved property to the sewer system owned by Authority and operated
by the Township without first making application for a permit, obtaining
such permit, in writing, from the Township and paying such fees and
in such amounts as are provided for in this article. Applications
shall be made on a form to be provided by the Township and shall require
the disclosure of such information as the Township shall deem necessary.
A.
Where the Township or the Authority is required to
construct a lateral for the purpose of connecting an improved property
to the Township's sewage system, the connection fee shall be an amount
of money equal to the actual cost of the construction.
B.
In lieu of payment of a connection fee, the Township
may require the owner of the improved property to construct the lateral
to the Township's or Authority's specifications and dedicate the same
to the Authority. In such case, the owner of the improved property
shall pay to the Township as a connection fee a charge equal to the
reasonable cost to the Township of inspecting the construction of
the lateral. Such charge for inspections shall be established, from
time to time, by resolution of the Board of Supervisors.
All sewer facilities between the property line
or curb stop and any structure on any improved property required to
be served shall be constructed by the owner of the improved property
at such owner's sole expense. The only fee payable to the Township
in connection with such customer facilities shall be an inspection
fee equal to the reasonable cost to the Township of inspecting the
construction of the facilities. Such charge for inspections shall
be established, from time to time, by resolution of the Board of Supervisors.
Tapping fees shall be based upon the capital
charges study and revisions thereof prepared by the Township's sewer
consulting engineer and in effect at the time application is made
to connect an improved property to the sewer system as provided in
this article. The tapping fee in each case shall consist of a capacity
component and a distribution-collection component and may include
a special purpose facilities component and/or a reimbursement EDU
to be connected to the sewer system.
A.
Imposed; amounts.
(1)
A tapping fee is hereby imposed upon the owner of
an improved property for each EDU of sewage volume hereafter connected
to the sewer system. The initial tapping fee based on the capital
recovery study report dated September 16, 1991, will be in an amount
to be established, from time to time, by resolution of the Township
Board of Supervisors.
[Amended 12-11-2003 by Ord. No. 2003-18]
B.
Payable for each distinct unit. Tapping fees are payable
for each distinct or separate unit of use within any improved property.
In the case of domestic use, a tapping fee shall be paid for each
dwelling unit. In the case of an office use, commercial use, industrial
use or any other nonresidential use, a tapping fee shall be paid for
each unit of use intended for separate and distinct occupancy whether
or not so occupied.
C.
Means of estimating tapping fee for nonresidential
uses. The owner of any improved property proposing to make connection
to the sewer system for an office use, commercial use, industrial
use or any other nonresidential use shall estimate the average daily
volume of sewage in gallons that each unit of use will discharge into
the sewage system. The tapping fee for each unit shall be such multiples
of an EDU or fraction thereof as the estimated volume of sewage shall
indicate; provided, however, that no unit shall pay a tapping fee
of less than the amount established for one EDU.
D.
Adjustment of fees for nonresidential uses. After
four quarterly sewer service billings to the owner of an improved
property with an office use, commercial use, industrial use or any
other nonresidential use for which sewage volume has been estimated
for tapping fee purposes, the Township may adjust the tapping fee
upwards to account for the average daily flow of sewage actually discharged
from the improved property in excess of the amount estimated at the
time application was made for the connection and the owner shall pay
the difference to the Township within 30 days of the date of invoice.
E.
Additional fees for nonresidential uses for additions
and expansions. Where an improved property is connected to the sewage
system on the effective date of this article and thereafter an expansion
of, addition to or a change of use occurs which results in an increase
in the number of units of use or in the volume of sewage discharged
from such property, additional tapping fee shall be payable for each
additional unit of use or for the increased volume of flow generated
by such expansion, addition or change to the improved property.
In the event that the improved property requires or is in an area served by special purpose facilities as defined in the Act, the Township may designate certain such sewer facilities as special purpose facilities and cause the Township's sewer consulting engineer to make a capital recovery study with respect to such facilities in order to establish a component value per EDU. All improved properties benefitted by the special purpose facilities thereafter connected to the sewer system shall pay a tapping fee which shall include a special purpose facilities component part in addition to the component parts imposed pursuant to § 265-28 hereof.
A.
In lieu of the payment of any component part of a
tapping fee, the Township may require the owner of an improved property
to construct and dedicate to the Township or the Authority such capacity
facilities, distribution-collection facilities or special purpose
facilities as may be necessary to supply sewer service to the improved
property. No distribution-collection facilities shall be accepted
by the Township in lieu of the distribution-collection component of
the tapping fee except to the extent that the in-lieu-of facilities
are designed and constructed to make capacity available to the property
of other owners by direct connection to the constructed facilities.
B.
In the event that the Township elects to accept excess
capacity in the distribution-collection facilities constructed in
lieu of payment of the distribution-collection component of the tapping
fee, the Township's sewer consulting engineer shall estimate the total
number of EDU's that can reasonably be expected to be connected to
the facilities and allocate the total cost of the facilities between
the requirements of the owner of the improved property and the amount
available for direct connection by other property owners. The cost
allocated to other property owners shall then be divided by the number
of EDU's estimated to be connected by the owner of the improved property
and the dividend shall be applied as a credit against the distribution-collection
component part of the tapping fee for each connection thereafter made
by the owner of the improved property.
C.
If the cost value of any facilities constructed in
lieu of the payment of the corresponding tapping fee component shall
be less than the component amount otherwise payable under this article,
then the owner of the improved property shall pay the difference to
the Township as a partial tapping fee.
A.
In the event that the Township shall have required the owner of an improved property to construct any distribution-collection facilities in lieu of the payment of the distribution-collection component part of the tapping fee, either in whole or in part, as provided in § 265-30 and the facilities so constructed result in sewer service being made available to the owner or owners of other property by direct connection to the constructed facilities, then the owner or owners of such other property shall upon making connection to the same pay a tapping fee which shall include a reimbursement component part in addition to the component parts imposed pursuant to § 265-28 or 265-29.
B.
The reimbursement component part shall be determined by dividing the cost of the in-lieu-of facilities by the estimated number of EDU's serviceable by the same as provided in § 265-30 and the dividend shall be the reimbursement component part for each EDU thereafter directly connected to the in-lieu-of facilities by the owners of property not included within the area of the improved property; provided, however, that no tapping fee shall include a reimbursement component part after the entire cost value of the in-lieu-of facilities has been recovered, the owner of the improved property having constructed the facilities shall have ceased to have any interest in the improved property or 10 years shall have expired from the date of dedication of the facilities to the Township or Authority, whichever event shall first occur.
C.
No reimbursement component part shall be payable for
or on account of an extension of the sewage system from the in-lieu-of
facilities or for or on account of connections made to such extension.
D.
The reimbursement component part of any tapping fee
collected by the Township during any fiscal year shall be paid to
the owner of the improved property constructing the in-lieu-of facilities
on or before the last day of such fiscal year, less, however, a charge
equal to 5% of the amount thereof which shall be retained by the Township
as an administrative fee.
E.
The Township and the owner of the improved property
entitled to reimbursement pursuant to this section shall enter into
an agreement containing such provisions as the parties shall agree
which are not inconsistent with this article and the Act.
A.
The connection fee, customer facilities fee and tapping
fee imposed under this article with respect to any improved property
proposed to be served by the Township's sewer system shall be due
and payable in full at the time application is made for connection
to the sewer system.
A.
No assurance of sufficient capacity. Until such time
as the owner of an improved property shall pay to the Township a tapping
fee for the connection of any unit of use to the sewer system, such
owner and the improved property is given no assurance that there is
or will be sufficient capacity in the sewage system or any part thereof
to accept any sewage from the improved property.
B.
Allocation of capacity upon advance payment; certification.
The owner of an improved property seeking assurance that the improved
property will in the future be able to connect to the sewage system
may pay a tapping fee in advance. Upon the payment of such fee, the
Township shall allocate and set aside for the use of the improved
property capacity in the sewer system in such number of EDU's as the
fee paid shall cover. A certificate or other evidence, in writing,
of the allocation shall be furnished to the owner of the improved
property.
C.
Liability of Township upon state prohibition of connections.
Notwithstanding the acceptance of a tapping fee and the issuance of
a certificate allocating capacity in the sewer system for the use
of the improved property, the Township shall not incur any liability
to the owner of such property should the Pennsylvania Department of
Environmental Protection for any reason impose a ban or otherwise
prohibit connections to or extensions of the sewer system. In such
event, the only remedy available to the owner of the improved property
shall be to receive a refund of the tapping fee paid.
[Amended 12-11-2003 by Ord. No. 2003-18]
D.
Conveyance of tapping fees. The advance payment of
a tapping fee shall be in the nature of a covenant running with the
land of the improved property for the use of which it was paid and
upon the sale or conveyance of the improved property any tapping fee
paid in shall be a property interest of the new owner in such property
without formal assignment.
E.
Tapping fees not refundable; assignation and transferability. Except as provided in Subsection C hereof, the tapping fees shall not be refundable nor shall they be assignable or transferable to or for the use of any property other than the improved property; provided, however, that an owner who has paid tapping fees in advance and who continues to own the improved property at the time of request may apply to the Board of Supervisors for leave to transfer such fees to other property of such owner.
F.
Time limitation for connections. Tapping fees paid
in advance shall entitle the owner of improved property to connect
such property to the sewer system for a period of five years from
the date of the certificate evidencing the allocation of capacity
and the payment of the fee. In the event that the improved property
is not connected within such period of time, such connection shall
not thereafter be permitted without the payment of a new tapping fee
in such amount as shall then be in effect.
A.
Any person, the owner of improved property, who has
heretofore paid to the Township reserve capacity charges with respect
to such property may elect one of the following:
(1)
Such owner may apply to the Township to connect the
property to the sewer system and the Township shall credit against
the tapping fee for each EDU to be connected the reserve capacity
charges paid by the owner for such EDU of capacity since January 1,
1985. In the event that the credited reserve capacity charges paid
for each EDU are less than the tapping fee, upon the payment of the
difference or the sum of an amount to be established, from time to
time, by resolution of the Township Board of Supervisors, whichever
is greater, the owner shall be credited with a paid-in-advance tapping
fee for each EDU to be connected.
[Amended 12-11-2003 by Ord. No. 2003-18]
(2)
Such owner may apply to the Township to connect the
property to the sewer system and the Township shall credit the reserve
capacity charges paid by the owner since January 1, 1985, into as
many paid-in-advance tapping fees as such reserve capacity charges
cover payment of a tapping fee only in part, an owner shall pay the
difference in cash or forfeit the reserve charges available for such
part.
B.
Within 60 days following the adoption of this article, the Township shall notify the owners of improved property who have paid reserve capacity charges of such owner's right to credit reserve capacity charges paid since January 1, 1985, pursuant to either Subsection A(1) or (2) of this section. The owner shall have a period of one year from the date of such notice to elect one of such options by making application to connect the property to the sewer system and specifying thereon, in writing, the option elected.
[Amended 11-20-2002 by Ord. No. 2002-11]
All fees imposed by this article shall be a lien on the improved property connected to the sewer system and shall be enforced and collected in the manner provided in the Municipal Lien Law and Chapter 195, Liens, of this Code. In addition, the payment of such fees may be enforced by any appropriate action in law or in equity.
