§ 34-34. Connection charges.

The following charges and fees shall apply to all connections to the system:

(1)

Lateral fee.

a.

If there is an existing sewer lateral, and if a lateral fee has not been paid or assessed against the premises to be served, a lateral fee, as provided in a township board resolution adopted from time to time, for the installation and use of an existing sewer lateral line from the sewer line to the property line, shall be payable by each premises connecting to the system, provided that no lateral fee shall be payable where the sewer lateral to be utilized was constructed as part of a development or project in which private parties or the township on behalf of and at the expense of private parties have constructed the sewer lateral except that if the township has a contractual reimbursement obligation with respect to such sewer lateral, then a lateral fee shall be payable. If there is no existing sewer lateral, then the premises owners, or a third party on their behalf, shall construct and complete the sewer lateral at their sole expense in accordance with all township ordinances, construction standards, and other requirements.

b.

The lateral fee may be paid in cash at the time an application to connect is made or, in the alternative for an existing dwelling only, in installments. If paid in installments, the lateral fee may be paid in 20 equal consecutive annual principal installments.

Each installment shall be due and payable before June 1 of each year. The first installment shall be payable before the first June 1 following the date on which the application to connect is received by the township. Interest on the unpaid balance shall be due and payable annually on each principal installment date. Interest shall commence on the first day of the first month following the month in which the application to connect is received by the township.

If the sewer lateral line to be utilized was constructed with the proceeds of bonds, the interest rate per annum shall be the average interest rate on the bonds, rounded to the nearest one hundredth of one percent, plus one percent. If the sewer lateral line to be utilized was not constructed with the proceeds of bonds, then the interest rate shall be eight percent per annum. If connection is made to a portion of the system not constructed with the proceeds of the sale of bonds which is then later financed with the sale of bonds, then the interest rate per annum shall then be adjusted to the average interest rate of the bonds, rounded to the nearest one hundredth of one percent plus one percent.

If a decision is made to pay the lateral fee in installments, the lateral fee may be paid in full at any time with interest accrued through the month in which payment is made. Partial prepayments are also permitted. All prepayments shall be applied to the installments payable in inverse order of their due date. If any installment or any interest due is not paid in a timely manner, then a penalty shall be charged at the rate of one percent for each month or fraction of a month that any amount remains delinquent.

If paid in installments, the unpaid balance of the lateral fee and all interest and penalties thereon shall constitute a lien on the premises served.

(2)

Frontage charge.

a.

Those premises adjacent to a system sewer line which either have not been included in a special assessment district to pay any part of the cost of such line, or have been included in a special assessment district but have not been assessed for the frontage on the sewer line which will provide sewer service to the connecting premises, shall pay a frontage charge, provided that no frontage charge shall be made where: (i) the entire frontage of the subject premises was previously assessed the frontage charge; or (ii) the system sewer line adjacent to the connecting premises was constructed as part of a development or project in which private parties or the township on behalf of and at the expense of private parties have constructed such sewer line except that if the township has a contractual reimbursement obligation with respect to such sewer line, then the frontage charge shall be payable. This frontage charge shall be calculated as is provided in a township board resolution adopted from time to time.

b.

The assessable frontage for each premises shall be measured at the edge of the street/road right-of-way. Except in the case of a corner lot as provided in this subsection, all premises shall be assessed for their full frontage regardless of whether the sewer line extends across the entire width of the premises, including those premises that do not have road frontage. All premises to be assessed under this subsection (2) shall be assessed for a minimum of 100 feet of frontage. In the case of lands zoned AG-Agricultural, the maximum frontage assessment shall be for 350 feet; frontage that is deferred pursuant to this provision shall pay a frontage charge at the then current rate when an application is made to connect a premises that includes some or all of the deferred frontage to the system. Corner lots shall be assessed on both street frontage sides but shall receive an exemption of up to 150 feet on the long side. Notwithstanding the provisions of this subsection, on application from the owner or other interested party of the affected premises, the frontage charge may, by action of the township board by resolution, be waived, all or in part, when special or unusual circumstances exist. The township board may require the owner of the premises and/or interested party to execute and deliver to the township such agreements, in recordable form, financial guarantees, or other assurances as the township board shall determine to be reasonably necessary.

c.

The frontage charge may be paid in cash at the time an application to connect is made or, in the alternative for an existing dwelling only, in installments. If paid in installments, the frontage charge shall be paid in 20 equal consecutive annual principal installments.

Each installment shall be due and payable before June 1 of each year. The first installment shall be payable before the first June 1 following the date on which the application to connect is received by the township. Interest on the unpaid balance shall be due and payable annually on each principal installment date. Interest shall commence on the first day of the first month following the month in which the application to connect is received by the township.

The interest rate per annum for connections to all portions of the system constructed with the proceeds of bonds shall be the average interest rate on the bonds, rounded to the nearest 100th of one percent, plus one percent. The interest rate for connections to all portions of the system not constructed with the proceeds of bonds shall be eight percent per annum. If connection is made to a portion of the system not constructed with the proceeds of the sale of bonds which is then later financed with the sale of bonds, then the interest rate per annum shall then be adjusted to the average interest rate on the bonds, rounded to the nearest 100th of one percent, plus one percent.

If a decision is made to pay the frontage charge in installments, the frontage charge may be paid in full at any time with interest accrued through the month in which payment is made. Partial prepayments are also permitted. All prepayments shall be applied to the installments payable in inverse order of their due date. If any installment or any interest due is not paid in a timely manner, then a penalty shall be charged at the rate of one percent for each month or fraction of a month that any amount remains delinquent.

If paid in installments, the unpaid balance of the frontage charge and all interest and penalties thereon shall constitute a lien on the premises served.

(3)

Trunkage charge.

a.

Those premises which have not been included in a special assessment district, which included as part of the assessment a trunkage charge, shall pay a trunkage charge.

b.

Those premises included in a special assessment district and which are connected to the public water system, where the trunkage charge component of the special assessment was determined based on a smaller size public water system meter or well water meter than is actually utilized, shall pay a trunkage charge. This trunkage charge shall be equal to the difference between the current trunkage charge for the size of the public water system meter or well water meter utilized to determine the special assessment and the current trunkage charge for the size of public water system meter or well water meter which is actually being installed. Those premises included in a special assessment district and who are not connected to the public water system and do not have a well water meter, where the trunkage charge component of the special assessment was determined on the basis of a smaller number of trunkage units than will actually be the case at the time of connection, shall pay a trunkage charge. This trunkage charge shall be equal to the difference between the number of trunkage units utilized to determine the special assessment and the number of trunkage units determined at the time of connection, multiplied times the trunkage charge per unit.

c.

Those premises which have previously paid a trunkage charge as part of a special assessment or as part of a connection charge, and which are already connected to the system, but which request a larger public water system meter or a larger well water meter, shall pay a trunkage charge. This trunkage charge shall be equal to the difference between the current trunkage charge for the size of meter that is presently installed and the current trunkage charge for the requested larger meter.

Those premises which have previously paid a trunkage charge as part of a special assessment or as part of a connection charge, and which are already connected but are not served by the public water system and do not have a well water meter, shall pay an additional trunkage charge if they are expanded or the use thereof is altered so as to increase the intensity of sewer use. The additional trunkage charge shall be for the expansion or alteration of use. Those premises not served by public water and which do not have a well water meter which were assessed for trunkages as an unimproved parcel, but which are later improved, shall pay a trunkage charge for such improvements. The trunkage unit rate shall be the rate at the time a building permit is issued for the expansion or alteration of use or for improvements to an unimproved parcel or, if no building permit is required, at such time as the premises are expanded or the use thereof is altered so as to require the payment of an additional charge or improvements are made at an unimproved parcel. The amount of the trunkage charge shall be determined by multiplying the trunkage unit rate times the number of trunkage units, for the particular improvement, expansion or alteration of use.

d.

The trunkage charge shall be as provided in a township board resolution adopted from time to time. The trunkage charge shall only apply to the domestic water meter and shall not apply to a sprinkling water meter. If paid in installments, the unpaid balance of the trunkage charge and all interest thereon shall constitute a lien on the premises served.

e.

The number of trunkage units for premises not connected to a public water system and which do not have a well water meter shall be determined by the township based on the schedule of unit factors contained in Schedule A appended to this division and such other factors as the township determines as reasonable and appropriate, such as documented historical metered water use by similar facilities in the township and documented historical metered water use for similar facilities located outside the township.

f.

The trunkage charge shall be payable at the time that an application to connect to the system is made. If the premises are already connected to the system and are connected to the public water system, the trunkage charge shall be payable at the time a larger water meter is requested. If the premises are already connected to the system and are not connected to the public water system, the trunkage charge shall be payable at the time a building permit is issued for the expansion or alteration of use which requires the payment of an additional trunkage charge or, if no building permit is required, at such time as the premises are expanded or the use thereof altered so as to require the payment of an additional trunkage charge.

g.

The trunkage charge may be paid in full at the time an application to connect is made or, in the alternative for an existing dwelling only, in installments. If paid in installments, the trunkage charge shall be paid in 20 equal consecutive annual principal installments.

Each installment shall be due and payable before June 1st of each year. The first installment shall be payable before the first June 1 following the date on which the application to connect is received by the township. Interest on the unpaid balance shall be due and payable annually on each principal installment date. Interest shall commence as of the first day of the first month following the month in which the application to connect is received by the township.

The interest rate per annum for connections to all portions of the system constructed with the proceeds of bonds shall be the average rate on the bonds, rounded to the nearest 100th of one percent, plus one percent. The interest rate for connections to all portions of the system not constructed with the proceeds of bonds shall be eight percent per annum. If connection is made to a portion of the system not constructed with the proceeds of the sale of bonds which is then later financed with the sale of bonds, then the interest rate per annum shall then be adjusted to the average interest rate on the bonds, rounded to the nearest 100th of one percent, plus one percent.

If a decision is made to pay the trunkage charge in installments, the trunkage charge may be paid in full at any time with interest accrued through the month in which payment is made. Partial prepayments are also permitted. All prepayments shall be applied to the installments payable in inverse order of their due date. If any installment or any interest due is not paid in a timely manner, then a penalty shall be charged at the rate of one percent for each month or fraction of a month that any amount remains delinquent.

If paid in installments, the unpaid balance of the trunkage charge and all interest and penalties thereon shall constitute a lien on the premises served.

(4)

Agreement. At the time of each application to connect to the system, and also at the time any additional trunkage charges become payable as provided in subsection (3) of this section, if any portion of the lateral fee, frontage charge or trunkage charge will be paid over time, as a condition precedent to connection and/or use of the system, the owner of the premises to be served shall sign an agreement in recordable form with the township stating the amount owed, the interest rate and other payment terms, and that the unpaid charges and all interest and penalties thereon shall constitute a lien on the premises served. If any installment of a lateral fee, frontage charge or trunkage charge or any interest or penalties thereon is not paid in a timely manner, the township shall have the right to discontinue sewer service to the premises and also, if the premises are connected to a public water supply, the right to turn off the water service to the premises. Sewer service and/or water service shall not be restored to the premises until all amounts then due and payable are paid in full.

(5)

Tax bill collection. If any lateral fee, frontage charge and/or trunkage charge or any interest or penalties thereon, is delinquent for three months or more, then on or before September 1 of each year, the township superintendent shall certify the delinquent amount to the township supervisor, who shall enter the lien on the next tax roll against the premises to which water connection has been provided, and the charges shall then be collected and the lien shall be enforced in the same manner as provided for the collection of taxes assessed upon the roll and the enforcement of the lien for taxes.

(Ord. No. 497, § 1, 9-7-2006; Ord. No. 515, § 1, 9-3-2009; Ord. No. 571, § 1, 7-6-2017; Ord. No. 585, § 1, 6-21-2018)