BOROUGH OF MIFFLINBURG
UNION COUNTY, PENNSYLVANIA
RESOLUTION NO. 2003-13
A resolution of the Borough Council of the Borough of Mifflinburg establishing tapping fee rates to be charged to the owner of each property who connects such property to the Borough water distribution system.
WHEREAS, Section 4 of the Borough of Mifflinburg Water Ordinance establishes a tapping fee for connection to the Borough lines; and
WHEREAS, Act 203 of 1990 amended the rights and powers of Municipalities and Municipal Authorities to charge certain enumerated fees to property owners who desire to or are required to connect to the water system; and
WHEREAS, the Borough of Mifflinburg desires to establish rates for these tapping fees as set forth under State Law and Borough Ordinance.
NOW THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Mifflinburg as follows:
Unless the context specifically and clearly indicates otherwise, the meaning of Terms and phrases used in this Resolution shall be as follows:
Borough – Means the Borough of Mifflinburg, Union County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania.
Dwelling Unit – Means any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
Equivalent Dwelling Unit (EDU) – An EDU is an equivalent dwelling unit and is defined by the Borough to be the measure of volume and strength of flow or expected use of water equivalent to that generated by a single family residential establishment.
The Borough reserves the right to establish additional definitions for strength of flow from industrial establishments which may address other parameters in addition to the above based on the recommendations of their appointed consulting engineer.
In the absence of flow meter readings or for non-residential use connections, the tapping fee will be established at the discretion of the Borough in accordance with the following schedule.
Non-Residential Establishment – Means any Improved Property which is not a dwelling unit.
Owner – Means any person vested with ownership, legal or equitable, sole or partial, of any property.
Person – Means any individual, partnership, company, association, society, corporation, trust, governmental body, political subdivision, municipality, municipal authority, other group or entity.
Property – Means any lot, tract, parcel or other division of land situate in the Borough or surrounding townships serviced by an intermunicipal arrangement and benefited, improved or accommodated by the Water System.
Township – A municipal government as incorporated under the laws of Pennsylvania that is party to and has executed an intermunicipal agreement with Mifflinburg Borough for water and sewer service.
Act 203 of 1990 provides for the imposition of three (3) separate fees that are designed to allow the Borough to recover certain specific capital costs. The three (3) fees authorized are as follows:
- Connection Fee – The cost of the facilities installed between the utility main and the property line of the property being connected. Construction of these facilities is generally contracted by the property owner with the prior approval of the Borough. All costs associated with the installation of these facilities are borne by the property owner.
- Customer Facilities Fee – This fee covers the cost of facilities from the property line to the proposed dwelling or building. The construction of these facilities is provided by the property owner. A separate inspection fee is imposed by the Borough to inspect these facilities.
In some instances the Borough may determine that the installation of special facilities will be necessary to accommodate a particular property. In this situation, the Borough may elect to install the necessary facilities and all costs of these facilities would be charged to the property owner.
- Tapping Fee – A four (4) part system of assessing a property owners cost to tap into existing utility systems.
- Capacity – The costs associated with the construction of all treatment facilities, including the plant, lines, pumps, disposal, development of sources, etc.
- Distribution/Collection – Recovers the costs for the construction of the water distribution system mains and the sewer collection system mains.
- Special Purpose – This is only applicable to a particular group of customers. It is designed to recover the Borough’s cost for facilities that serve a special purpose or specific area. Fees are separately calculated for each applicable group and applied to new users as appropriate.
- Reimbursement – This may be charged for new connections to facilities constructed by others for which a reimbursement is due to the person constructing the facilities. Generally, this reimbursement will be defined in a written reimbursement agreement between the Borough and the person constructing the facilities. Typically such agreements reimburse the cost of the excess capacity available for use by future connections.
Based on the above information the Borough completed a study of historical costs, contemplated its future costs and concluded that the applicable parts or components and maximum amounts to be used in determining such base water fees are:
Imposition of Fee: Based on careful consideration on the extent and condition of its present utility systems and the projected growth relative to the existing and available utility capacities, the Borough hereby determines and imposes the following schedule of fees payable with respect to each connection of each Improved Property to the water system as follows:
In the case of a combination of more than one Dwelling Unit constituting an Improved Property and each having the use of the utility system through one utility connection, then each such Dwelling Unit shall be charged such Tapping Fee as though each were in a separate structure and as though each had a separate connection to the utility system.
In the case of connections made within the township(s) that have an Agreement with the Borough for water supply, none of the fees listed previously shall be required to be paid to the Borough until such time as the township’s average monthly consumption exceeds the average monthly consumption purchased by that township. All other standards established by the Borough regarding application, connection, and construction to the water system must be met and an inspection must be completed before connection is permitted.
In the case of a nonresidential establishment constituting an Improved Property, the initial equivalent dwelling unit determination shall be based upon the previous schedule. In instances where the minimum EDU’s for Type of Establishment is not specifically listed in the EDU definitions, then the projected usage shall be estimated by the Borough or by its consulting engineer in accordance with sound engineering practice. After one year following the date of connection to the utility system, the Borough shall make an analysis of actual usage of said nonresidential establishment(s) and the Borough shall thereafter adjust the Tapping Fee previously collected, either upward or downward, based upon the highest actual monthly usage multiplied by the actual cost per unit of design capacity as recorded in the Borough’s Capital Charges Study. Any additional amount due from the owner of such nonresidential establishment shall be payable within 15 days upon invoicing thereof given by or on behalf of the Borough to such owner, and any refund due to such owner shall be promptly paid by the Borough to such owner following such determination. In no event shall the Tapping Fee be less than the rates listed previously. No downward adjustment or refund of a Tapping Fee shall be made or paid after the first year’s analysis as required above. The Borough, however, reserves the right to assess additional Tapping Fees at any future time that additional capacity is utilized.
Payment of the Connection, Customer Facilities, and Tapping Fees shall be due and payable at the time application is made to make any such connection to the water system. The Borough shall enforce this Resolution as permitted by law in effect at the time of such enforcement.
This Resolution shall become effective July 1, 2003.
The Borough reserves the right to adopt modifications of, supplements to or amendments to this Resolution.
In the event that any provisions, section, sentence, clause or part of this Resolution is held to be invalid, such invalidity shall not affect or impair any remaining provision, section, clause or part of the Resolution, it being the intent of the Borough that such remainder shall be and shall remain in full force and effect.
HEREBY ADOPTED AND ENACTED, this 17th day of June 2003, by the Council of the Borough of Mifflinburg, Union County, Pennsylvania, at its regular Council meeting.