PRIOR PRINTER'S NOS. 486, 3625 PRINTER'S NO. 3941
No. 444 Session of 1989
INTRODUCED BY GODSHALL, S. H. SMITH, COY, MRKONIC, TIGUE,
DISTLER, ROBBINS, GLADECK, MERRY, CIVERA, DEMPSEY, PHILLIPS,
NOYE, CARLSON, HERMAN, STABACK, ALLEN, McVERRY, HESS, FARGO,
GEIST, DeLUCA, NAHILL, JOHNSON, GIGLIOTTI, HALUSKA, REBER,
YANDRISEVITS, TRELLO, VROON, BUNT, McHALE, OLASZ, TRICH,
RAYMOND, CORNELL, WAMBACH, FLICK, G. SNYDER, HECKLER,
MARSICO, VEON, STISH, LEH, JAMES AND J. H. CLARK,
FEBRUARY 14, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 1990
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for powers.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Clause (t) of subsection B of section 4 of the
18 act of May 2, 1945 (P.L.382, No.164), known as the Municipality
19 Authorities Act of 1945, amended May 15, 1963 (P.L.33, No.30),
20 is amended and the subsection is amended by adding clauses to
1 read:
2 Section 4. Purposes and Powers; General.--* * *
3 B. Every Authority is hereby granted, and shall have and may
4 exercise all powers necessary or convenient for the carrying out
5 of the aforesaid purposes, including but without limiting the
6 generality of the foregoing, the following rights and powers:
7 * * *
8 [(t) To charge a tapping fee whenever the owner of any
9 property connects such property with a sewer system or water
10 main constructed by the Authority which fee shall be in addition
11 to any charges assessed and collected against such property in
12 the construction of such sewer or water main by the Authority or
13 any rental charges assessed by the Authority. Whenever a sewer
14 system or water main or any part or extension thereof owned by
15 an Authority has been constructed by the Authority at the
16 expense of a private person or corporation or has been
17 constructed by a private person or corporation under the
18 supervision of the Authority at the expense of the private
19 person or corporation, the Authority shall have the right to
20 charge a tapping fee and refund said tapping fee or any part
21 thereof to the person or corporation who has paid for the
22 construction of said sewer system or water main or any part or
23 extension thereof. The total of said refunds shall never exceed
24 the cost of said system or main or any part or extension thereof
25 to the person or corporation paying for construction thereof. In
26 any case where the property connected or to be connected with
27 the sewer system of the Authority is not equipped with a water
28 meter, the Authority may install such a meter at its own cost
29 and expense: Provided, however, That if the property is supplied
30 with water from the facilities of a public water supply agency,
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1 the authority shall not install such meter without the consent
2 and approval of the public water supply agency.]
3 (t) To charge certain enumerated fees to property owners who <--
4 connect to the Municipal Authority's sewer or water system,
5 which fees shall be determined at the time of subdivision
6 approval under the "Pennsylvania Municipalities Planning Code,"
7 and shall be payable at the time of issuance of a building
8 permit, or, if no building permit is required, immediately
9 preceding construction, or at such earlier time as the property
10 owner or owners may agree. The fees shall be in addition to any
11 charges assessed against the property in the construction of a
12 sewer or water main by the Municipal Authority in accordance
13 with clauses (r) and (s) and not included in the calculation of
14 any other fees specified herein as well as any other user
15 charges imposed by the Municipal Authority pursuant to clause
16 (h) and not included in the calculation of any other fee
17 specified herein.
18 (1) The fees may include some or all of the following fee
19 components, which shall be separately set forth in the
20 appropriate resolution of the Municipal Authority governing such
21 fees:
22 (i) Connection fee. A fee based upon the actual cost of the
23 connection of the property extending from the Municipal
24 Authority's main to the property line or curb stop of the
25 property so connected. In lieu of the payment of the fee, a
26 Municipal Authority may require the construction and dedication
27 of those facilities required to connect the lands of the
28 property owner or owners requesting such connection.
29 (ii) Customer facilities fee. A fee based upon the actual
30 direct cost of facilities serving the connected property from
19890H0444B3941 - 3 -
1 the property line or curb stop to the proposed dwelling or
2 building to be served. The fee shall be chargeable only in the
3 event that the Municipal Authority and not the property owner or
4 owners installs the customer facilities. In lieu of the payment
5 of any fee, a Municipal Authority may require the construction
6 of these facilities required to install customer facilities to
7 the lands of the property owner or owners requesting customer
8 facilities.
9 (iii) Tapping fee. A fee based upon some or all of the
10 following fee components which shall be separately set forth in
11 the appropriate resolution of the Municipal Authority governing
12 the fee:
13 (A) Capacity and distribution-collection component. An
14 amount not to exceed the amount calculated in the following
15 manner:
16 (I) The amount representing all debt service, including, but
17 not limited to sinking funds, reserve funds, the principal and
18 interest on bonds, and the amount of any loans or interest
19 thereon, paid by the municipality or Municipal Authority to
20 defray the capital cost of developing only the capital
21 facilities or components which are in use as part of the system,
22 calculated as of the end of the immediately preceding fiscal
23 year of the municipality or Municipal Authority, shall be added
24 to all capital expenditures made by the municipality or
25 Municipal Authority for facilities or components which are in
26 use and were not funded by a bond issue or debt for the
27 development of the system as of the end of the immediately
28 preceding fiscal year.
29 (II) Any contributions, gifts, payments or subsidies to the
30 municipality or Municipal Authority received from, and not
19890H0444B3941 - 4 -
1 reimbursable to, any Federal, State, county or municipal
2 government or agency or any private person, and that portion of
3 amounts paid to the municipality or Municipal Authority by a
4 public entity under a service agreement or service contract
5 which is not repaid to the public entity by the municipality or
6 Municipal Authority, shall be subtracted from the amount
7 calculated under subclause (I).
8 (III) The remainder shall be divided by the total number of
9 service units served by the municipality or Municipal Authority
10 at the end of the immediately preceding fiscal year and the
11 quotient shall be apportioned for each new connection, to
12 produce the system-buy-in contribution to the cost of the
13 system. In attributing service units to each new connector, the
14 estimated daily flow of sewage or water for the connector shall
15 be divided by the average daily flow of sewage or water to the
16 average single-family residence in the service district, to
17 produce the number of service units to be attributed.
18 (B) Special purpose component. An amount based upon the
19 allocable portion of the original cost of constructing special
20 purpose facilities, including, but not limited to, booster pump
21 stations, fire service facilities and industrial wastewater
22 treatment facilities, to the extent that such facilities produce
23 a material benefit to the property which is connecting to the
24 system.
25 (C) Reimbursement component. An amount necessary to
26 recapture the allocable portion of oversized facilities pursuant
27 to clause (z).
28 (iv) No tapping fee may be required or collected hereunder
29 which would do any of the following:
30 (A) Constitute the maintenance, repair or replacement of
19890H0444B3941 - 5 -
1 existing facilities.
2 (B) Expand, replace, update or upgrade existing facilities
3 or improvements to serve existing development in order to meet
4 stricter efficiency, environmental, regulatory or safety
5 standards.
6 (C) Expand, replace, update or upgrade existing facilities
7 or improvements or provide new facilities or improvements to
8 provide better service to or meet the needs of existing
9 development.
10 (2) No tapping fee collected by a Municipal Authority may be
11 used for maintenance, operation or replacement expenses except
12 for the recapture of those expenses incurred in installing
13 oversized facilities, including, but not limited to, reserve
14 funds, sinking funds, the principal and interest on bonds and
15 the amount of loans or interest thereon. As used in this clause,
16 "maintenance, operation or replacement expenses" are those
17 expenditures made during the useful life of a sewer or water
18 system for labor, materials, utilities, equipment accessories or
19 appurtenances and other items which are necessary to manage and
20 maintain the system capacity and performance and to provide the
21 service for which the system was constructed.
22 (3) Every Municipal Authority charging a tapping, connection
23 or similar fee in excess of five hundred dollars ($500.00) shall
24 recompute the tapping fee chargeable at the end of each fiscal
25 year of the Municipal Authority. The Municipal Authority shall
26 hold a public hearing no more than sixty days after the end of
27 the fiscal year, at which the Municipal Authority shall present
28 a detailed itemization of all calculations clearly showing the
29 manner in which the fee was determined. A revised tapping fee
30 may be imposed upon those who subsequently connect to the
19890H0444B3941 - 6 -
1 system.
2 (4) No Municipal Authority shall have the power to require
3 the construction or dedication of any improvements of any nature
4 whatsoever or impose any assessment, exaction, fee or
5 contribution in lieu thereof or any other component fee except
6 as may be provided specifically herein.
7 (5) Tapping fees may be increased to an applicant for
8 connections not made within five years following the date of
9 preliminary subdivision approval.
10 (6) Notwithstanding the provisions of this subsection, no
11 fee authorized under this clause shall exceed an amount
12 recommended by an independent consulting engineer or
13 professional rate consultant retained by the Municipal
14 Authority.
15 * * *
16 (y) Where a sewer or water system of a Municipal Authority
17 is to be extended at the expense of the owner or owners of
18 properties, or where the Municipal Authority otherwise would
19 construct the connection or customer facilities services (other
20 than water-meter installation), or both, the property owner or
21 owners shall have the right to construct the extension or make
22 the connection and install the customer facilities himself or
23 themselves or through a subcontractor approved by the Municipal
24 Authority, which approval shall not be unreasonably withheld:
25 Provided, That the Municipal Authority shall have the right, at
26 its option, to perform the construction itself only if the
27 Municipal Authority provides the connection, extension or
28 customer facilities at a lower cost and within the same
29 timetable specified or proposed by the property owner or owners
30 or his or their approved subcontractor. Construction by the
19890H0444B3941 - 7 -
1 property owner or owners shall be in accordance with plans and
2 specifications approved by the Municipal Authority and shall be
3 undertaken only pursuant to the existing regulations,
4 requirements, rules and standards of the Municipal Authority
5 applicable to such construction and shall be further subject to
6 inspection by an inspector authorized to accept and approve such
7 construction and employed by the Municipal Authority during
8 construction. A property owner or owners who wish to under take
9 such construction may be required to deposit with the Municipal
10 Authority, in advance of construction, the Municipal Authority's
11 estimated reasonable and necessary cost of reviewing plans and
12 construction inspections. Reimbursement for plan review and
13 inspections shall be based upon a schedule established by
14 ordinance or resolution and shall comply with section 510(g) of
15 the "Pennsylvania Municipalities Planning Code." The Municipal
16 Authority may require the property owner or owners to post
17 appropriate financial security in accordance with this section
18 or sections 509 and 510 of the "Pennsylvania Municipalities
19 Planning Code." Upon completion of construction, the property
20 owner or owners shall dedicate, and the Municipal Authority
21 shall accept, the improvements so installed by appropriate legal
22 document in accordance with the provisions of section 509 of the
23 "Pennsylvania Municipalities Planning Code."
24 (z) Where a property owner or owners construct or cause to
25 be constructed any addition, expansion or extension of or to a
26 sewer or water system of a Municipal Authority which provides
27 future excess capacity to accommodate future development upon
28 the lands of others, including the lands or rights-of-way of the
29 Municipal Authority, the Municipal Authority shall provide for
30 the reimbursement to the property owner or owners when another
19890H0444B3941 - 8 -
1 property owner or owners who is benefited connects to the
2 addition, expansion or extension within ten years of the date of
3 the dedication of such addition, expansion or extension to the
4 Municipal Authority, in accordance with the following
5 provisions:
6 (1) Onsite facilities. Reimbursement shall be limited to
7 those lines or facilities within or upon the lands of the
8 property owner or owners which are required by the Municipal
9 Authority to be oversized, and which have not previously been
10 paid for by the Municipal Authority, so as to accommodate future
11 excess capacity above and beyond that which is otherwise
12 required to service the lands of the property owner or owners:
13 Provided, That such sewer lines shall be greater than eight
14 inches in diameter, and such water lines shall be greater than
15 six inches in diameter. Reimbursement shall not include
16 minimally-sized internal sewer or water distribution lines
17 required to be installed as a condition to the Municipal
18 Authority's provision of service to the lands of the property
19 owner or owners.
20 (2) Offsite facilities. No reimbursement shall be provided
21 if the offsite extension of sewer and water lines does not
22 extend beyond two hundred fifty feet from the property limits of
23 the lands of the property owner or owners installing the lines
24 and if the lines so installed are equal to or less than the
25 minimal size required by sound engineering practice to service
26 the proposed development. Any sewer or water line extensions
27 installed by the property owner or owners beyond two hundred
28 fifty feet of the limits of his or their land which exceeds
29 those minimal-size requirements required by sound engineering
30 practice for the proposed development as set forth in this act
19890H0444B3941 - 9 -
1 shall qualify for reimbursement in accordance with the following
2 formula:
3 (i) A fraction, the numerator of which shall be the total
4 cost of the offsite sewer or water line extension installed,
5 which costs shall include all improvements in the nature of any
6 force mains, gravity sewer lines, pump stations, water mains and
7 sewer and water facilities and appurtenances; and the
8 denominator of which shall be the total offsite lineal footage
9 of the water or sewer line extension installed; multiplied by
10 two hundred fifty; which product shall result in the total
11 amount of nonreimbursable costs associated with the sewer or
12 water line extension.
13 (ii) The total amount of nonreimbursable costs determined in
14 accordance with the above calculation shall be deducted from the
15 total cost of the offsite extension as described in subparagraph
16 (i), and the remainder shall be the amount of reimbursement
17 which shall be payable to the property owner or owners
18 installing the extension.
19 (3) The Municipal Authority shall, in the preparation of the
20 necessary reimbursement agreement with the property owner or
21 owners for whose benefit reimbursement will be provided, attach
22 as an exhibit an itemized listing of all sewer and water
23 facilities for which reimbursement shall be provided.
24 (4) The amount to which a property owner or owners shall be
25 entitled as reimbursement shall include all labor and material,
26 engineering design charges, the cost of performance and
27 maintenance bonds, Municipal Authority review and inspection
28 charges, as well as flushing and televising charges and any and
29 all charges involved in the acceptance and dedication of such
30 facilities by the Municipal Authority. Further, the reimbursable
19890H0444B3941 - 10 -
1 amount shall be subject to a per annum increase commencing from
2 the date of execution of the reimbursement agreement between the
3 property owner or owners and the Municipal Authority, prorated
4 for any portion of any year from the date of the agreement to
5 the date of reimbursement. The amount of the per annum increase
6 shall be equal to the weekly average yield on United States
7 Treasury securities adjusted to a constant maturity of ten
8 years. Once determined, the per annum increase shall remain
9 constant throughout the entire term for which the property owner
10 or owners qualify for reimbursement. A Municipal Authority shall
11 be entitled to deduct from each reimbursement payment an amount
12 equal to five per cent of the amount or amounts which shall be
13 deemed to represent the appropriate charge for administrative
14 overhead expenses and services rendered in calculating,
15 collecting, monitoring and disbursing the reimbursement payments
16 to the property owner or owners entitled thereto.
17 (5) The property owner or owners for whose benefit the
18 reimbursement provisions shall apply shall bear any and all
19 costs associated with any legal action which may be instituted
20 by a subsequent property owner or owners, entity or user who may
21 question the method of calculation of the reimbursement. The
22 property owner or owners for whose benefit the reimbursement is
23 sought shall bear any and all costs involved in pursuing the
24 property owner's or owners' right to reimbursement against any
25 person, entity or user, and the property owner or owners shall
26 be authorized to pursue the claim, if necessary, in the name of
27 the Municipal Authority.
28 (6) In the event that any person, entity or user questions
29 the method of calculation of the reimbursement, the Municipal
30 Authority reserves the right, in its sole discretion, to connect
19890H0444B3941 - 11 -
1 or permit the connection of the development or property of any
2 person, entity or user to avoid the potential of increased
3 financial loss due to delay in provision of sewer and water
4 service: Provided, That the Municipal Authority shall require
5 any person, entity or user who questions the method of
6 calculation to post the entire disputed amount into an interest-
7 bearing escrow account with the Municipal Authority pending the
8 resolution of the dispute. The Municipal Authority shall be
9 authorized to deduct from the account a sum not to exceed five
10 per cent, which shall represent the administrative costs
11 associated with the establishment and maintenance of the escrow
12 account. If the Municipal Authority shall elect to make such
13 connection and provision of sewer or water service, such action
14 shall in no manner release or waive the rights of the property
15 owner or owners claiming entitlement to reimbursement pursuant
16 to the provisions of the act.
17 (7) A Municipal Authority shall be required to notify by
18 certified mail, to their last known address, the property owner
19 or owners for whose benefit such reimbursement shall apply
20 within thirty days of the Municipal Authority's receipt of any
21 such reimbursement payment. In the event that the property owner
22 or owners have not claimed a reimbursement payment within one
23 hundred twenty days of the mailing of the notice, the payment
24 shall revert to and become the sole property of the Municipal
25 Authority with no further obligation on the part of the
26 Municipal Authority to refund the payment to the property owner
27 or owners.
28 (8) No Municipal Authority shall have the power to require
29 the construction or dedication of any improvements of any nature
30 whatsoever or impose any assessment, exaction, fee or
19890H0444B3941 - 12 -
1 contribution in lieu thereof, or any connection, tapping or
2 similar fee except as provided specifically in this section.
3 Section 2. This act shall take effect immediately.
4 (T) TO CHARGE CERTAIN ENUMERATED FEES TO PROPERTY OWNERS WHO <--
5 DESIRE TO OR ARE REQUIRED TO CONNECT TO THE AUTHORITY'S SEWER OR
6 WATER SYSTEM. SUCH FEES SHALL BE BASED UPON THE DULY ADOPTED FEE
7 SCHEDULE AT THE TIME OF PAYMENT AND SHALL BE PAYABLE AT THE TIME
8 OF APPLICATION FOR CONNECTION OR AT SUCH OTHER TIME AS THE
9 PROPERTY OWNER AND THE AUTHORITY AGREE OR IN THE CASE OF
10 PROJECTS TO SERVE EXISTING DEVELOPMENT, SUCH FEES SHALL BE
11 PAYABLE AT A TIME TO BE DETERMINED BY THE AUTHORITY. AN
12 AUTHORITY SHALL HAVE THE RIGHT TO REQUIRE THAT NO CAPACITY SHALL
13 BE GUARANTEED FOR A PROPERTY OWNER OR OWNERS UNTIL SUCH TIME AS
14 THE TAPPING FEES ENUMERATED HEREIN HAVE AT THE OPTION OF THE
15 AUTHORITY BEEN PAID OR SECURED BY OTHER FINANCIAL SECURITY. THE
16 FEES SHALL BE IN ADDITION TO ANY CHARGES ASSESSED AGAINST THE
17 PROPERTY IN THE CONSTRUCTION OF A SEWER OR WATER MAIN BY THE
18 AUTHORITY IN ACCORDANCE WITH CLAUSES (R) AND (S) AS WELL AS ANY
19 OTHER USER CHARGES IMPOSED BY THE AUTHORITY PURSUANT TO CLAUSE
20 (H) AND SHALL NOT INCLUDE COSTS INCLUDED IN THE CALCULATION OF
21 SUCH FEES.
22 (1) THE FEES MAY INCLUDE SOME OR ALL OF THE FOLLOWING FEE
23 COMPONENTS, WHICH SHALL BE SEPARATELY SET FORTH IN THE
24 APPROPRIATE RESOLUTION OF THE AUTHORITY ESTABLISHING SUCH FEES:
25 (I) CONNECTION FEE. A FEE WHICH SHALL NOT EXCEED AN AMOUNT
26 BASED UPON THE ACTUAL COST OF THE CONNECTION OF THE PROPERTY
27 EXTENDING FROM THE AUTHORITY'S MAIN TO THE PROPERTY LINE OR CURB
28 STOP OF THE PROPERTY SO CONNECTED. THE AUTHORITY MAY ALSO BASE
29 SUCH FEE UPON AN AVERAGE COST FOR PREVIOUSLY INSTALLED
30 CONNECTIONS OF SIMILAR TYPE AND SIZE. IN LIEU OF THE PAYMENT OF
19890H0444B3941 - 13 -
1 THE FEES, AN AUTHORITY MAY REQUIRE THE CONSTRUCTION AND
2 DEDICATION OF THOSE FACILITIES BY THE PROPERTY OWNER OR OWNERS
3 REQUESTING SUCH CONNECTION.
4 (II) CUSTOMER FACILITIES FEE. A FEE WHICH SHALL NOT EXCEED
5 AN AMOUNT BASED UPON THE ACTUAL COST OF FACILITIES SERVING THE
6 CONNECTED PROPERTY FROM THE PROPERTY LINE OR CURB STOP TO THE
7 PROPOSED DWELLING OR BUILDING TO BE SERVED. THE FEE SHALL BE
8 CHARGEABLE ONLY IN THE EVENT THAT THE AUTHORITY AND NOT THE
9 PROPERTY OWNER OR OWNERS INSTALLS THE CUSTOMER FACILITIES. IN
10 LIEU OF THE PAYMENT OF THE CUSTOMER FACILITIES FEE, AN AUTHORITY
11 MAY REQUIRE THE CONSTRUCTION OF THOSE FACILITIES BY THE PROPERTY
12 OWNER OR OWNERS REQUESTING CUSTOMER FACILITIES. IN THE CASE OF
13 WATER SERVICE, THE FEE MAY INCLUDE THE COST OF A WATER METER AND
14 INSTALLATION IF THE AUTHORITY PROVIDES OR INSTALLS THE SAME. IN
15 ANY CASE WHERE THE PROPERTY CONNECTED OR TO BE CONNECTED WITH
16 THE SEWER SYSTEM OF THE AUTHORITY IS NOT EQUIPPED WITH A WATER
17 METER, THE AUTHORITY MAY INSTALL SUCH A METER AT ITS OWN COST
18 AND EXPENSE; PROVIDED, HOWEVER, THAT IF THE PROPERTY IS SUPPLIED
19 WITH WATER FROM THE FACILITIES OF A PUBLIC WATER SUPPLY AGENCY,
20 THE AUTHORITY SHALL NOT INSTALL SUCH METER WITHOUT THE CONSENT
21 AND APPROVAL OF THE PUBLIC WATER SUPPLY AGENCY.
22 (III) TAPPING FEE. A FEE WHICH SHALL NOT EXCEED AN AMOUNT
23 BASED UPON SOME OR ALL OF THE FOLLOWING FEE COMPONENTS, WHICH
24 SHALL BE SEPARATELY SET FORTH IN THE APPROPRIATE RESOLUTION OF
25 THE AUTHORITY ESTABLISHING THE FEE. IN LIEU OF THE PAYMENT OF
26 THE FEE, AN AUTHORITY MAY REQUIRE THE CONSTRUCTION AND
27 DEDICATION OF ONLY SUCH CAPACITY, DISTRIBUTION-COLLECTION OR
28 SPECIAL PURPOSE FACILITIES NECESSARY TO SUPPLY SERVICE TO THE
29 PROPERTY OWNER OR OWNERS.
30 (A) CAPACITY PART. A FEE FOR CAPACITY RELATED FACILITIES
19890H0444B3941 - 14 -
1 WHICH MAY NOT EXCEED AN AMOUNT THAT IS BASED UPON THE COST OF
2 SUCH FACILITIES, INCLUDING, BUT NOT LIMITED TO: SOURCE OF
3 SUPPLY, TREATMENT, PUMPING, TRANSMISSION, TRUNK, INTERCEPTOR AND
4 OUTFALL MAINS, STORAGE, SLUDGE TREATMENT OR DISPOSAL,
5 INTERCONNECTION OR OTHER GENERAL SYSTEM FACILITIES. SUCH
6 FACILITIES MAY INCLUDE THOSE THAT PROVIDE EXISTING SERVICE
7 AND/OR THOSE THAT WILL PROVIDE FUTURE SERVICE. THE COST OF
8 EXISTING FACILITIES, WHICH SHALL NOT INCLUDE FACILITIES
9 CONTRIBUTED TO THE AUTHORITY BY ANY PERSON, GOVERNMENT OR
10 AGENCY, SHALL BE BASED UPON THEIR REPLACEMENT COST OR UPON
11 HISTORICAL COST TRENDED TO CURRENT COST USING PUBLISHED COST
12 INDEXES, OR UPON THE HISTORICAL COST PLUS INTEREST AND OTHER
13 FINANCING FEES PAID ON BONDS FINANCING SUCH FACILITIES. IN THE
14 CASE OF EXISTING FACILITIES, OUTSTANDING DEBT RELATED TO THE
15 FACILITIES SHALL BE SUBTRACTED FROM THE COST, PROVIDED HOWEVER,
16 NO DEBT SHALL BE SUBTRACTED WHICH IS ATTRIBUTABLE TO FACILITIES
17 EXCLUSIVELY SERVING NEW CUSTOMERS. IN THE CASE OF FACILITIES TO
18 BE CONSTRUCTED OR ACQUIRED, THE COST OF SUCH FACILITIES SHALL
19 NOT EXCEED THEIR REASONABLE ESTIMATED COST PROVIDED THAT ANY
20 SUCH FACILITIES MUST BE INCLUDED IN A DULY ADOPTED ANNUAL BUDGET
21 OR A FIVE-YEAR CAPITAL IMPROVEMENT PLAN AND THE AUTHORITY HAS
22 TAKEN ACTION IN FURTHERANCE OF SAID FACILITIES SUCH AS THE
23 FOLLOWING:
24 (I) OBTAINED FINANCING FOR THE FACILITIES;
25 (II) ENTERED INTO A CONTRACT OBLIGATING THE AUTHORITY TO
26 CONSTRUCT OR PAY FOR THE COST OF CONSTRUCTION OF THE FACILITIES
27 OR ITS PORTION THEREOF IN THE EVENT THAT MULTIPLE PARTIES ARE
28 CONSTRUCTING SAID FACILITIES;
29 (III) HAS OBTAINED A PERMIT FOR THE FACILITIES;
30 (IV) HAS SPENT SUBSTANTIAL SUMS OR RESOURCES IN FURTHERANCE
19890H0444B3941 - 15 -
1 OF THE FACILITIES;
2 (V) HAS ENTERED INTO A CONTRACT OBLIGATING THE AUTHORITY TO
3 PURCHASE OR ACQUIRE FACILITIES OWNED BY ANOTHER;
4 (VI) HAS PREPARED AN ENGINEERING FEASIBILITY STUDY
5 SPECIFICALLY RELATED TO THE FACILITIES, WHICH STUDY RECOMMENDS
6 THE CONSTRUCTION OF THE FACILITIES WITHIN A FIVE-YEAR PERIOD;
7 (VII) HAS ENTERED INTO A CONTRACT FOR THE DESIGN OF THE
8 FACILITIES.
9 UNDER ALL COST APPROACHES, THE COST OF SAID FACILITIES SHALL BE
10 REDUCED BY THE AMOUNT OF ANY GRANTS OR CAPITAL CONTRIBUTIONS
11 WHICH HAVE FINANCED SUCH FACILITIES. THE CAPACITY PART OF THE
12 TAPPING FEE PER UNIT OF CAPACITY REQUIRED BY THE NEW CUSTOMER
13 SHALL NOT EXCEED THE COST OF THE FACILITIES AS DESCRIBED HEREIN
14 DIVIDED BY THE DESIGN CAPACITY OF THE FACILITIES. NOTHING
15 CONTAINED HEREIN SHALL PREVENT AN AUTHORITY FROM ALLOCATION OF
16 ITS CAPACITY RELATED FACILITIES TO DIFFERENT SECTIONS OR
17 DISTRICTS OF ITS SYSTEM, NOR SHALL AN AUTHORITY BE PROHIBITED
18 FROM IMPOSING ADDITIONAL CAPACITY RELATED TAPPING FEES ON
19 SPECIFIC GROUPS OF EXISTING CUSTOMERS SUCH AS COMMERCIAL AND
20 INDUSTRIAL CUSTOMERS, IN CONJUNCTION WITH ADDITIONAL CAPACITY
21 REQUIREMENTS OF SUCH CUSTOMERS.
22 (B) DISTRIBUTION OR COLLECTION PART. A FEE WHICH MAY NOT
23 EXCEED AN AMOUNT BASED UPON THE COST OF DISTRIBUTION OR
24 COLLECTION FACILITIES REQUIRED TO PROVIDE SERVICE, SUCH AS
25 MAINS, HYDRANTS AND PUMPING STATIONS. SUCH FACILITIES MAY
26 INCLUDE THOSE THAT PROVIDE EXISTING SERVICE AND/OR THOSE THAT
27 WILL PROVIDE FUTURE SERVICE. THE COST OF EXISTING FACILITIES,
28 WHICH SHALL NOT INCLUDE FACILITIES CONTRIBUTED TO THE AUTHORITY
29 BY ANY PERSON, GOVERNMENT OR AGENCY, SHALL BE BASED UPON THEIR
30 REPLACEMENT COST OR UPON HISTORICAL COST TRENDED TO CURRENT COST
19890H0444B3941 - 16 -
1 USING PUBLISHED COST INDEXES OR UPON THE HISTORICAL COST PLUS
2 INTEREST AND OTHER FINANCING FEES PAID ON BONDS FINANCING SUCH
3 FACILITIES. IN THE CASE OF EXISTING FACILITIES, OUTSTANDING DEBT
4 RELATED TO THE FACILITIES SHALL BE SUBTRACTED FROM THE COST,
5 PROVIDED HOWEVER, NO DEBT SHALL BE SUBTRACTED WHICH IS
6 ATTRIBUTABLE TO FACILITIES EXCLUSIVELY SERVING NEW CUSTOMERS. IN
7 THE CASE OF FACILITIES TO BE CONSTRUCTED OR ACQUIRED, THE COST
8 OF SUCH FACILITIES SHALL NOT EXCEED THEIR REASONABLE ESTIMATED
9 COST. UNDER ALL COST APPROACHES, THE COST OF SAID FACILITIES
10 SHALL BE REDUCED BY THE AMOUNT OF ANY GRANTS OR CAPITAL
11 CONTRIBUTIONS WHICH HAVE FINANCED SUCH FACILITIES. THE
12 DISTRIBUTION OR COLLECTION PART OF THE TAPPING FEE PER UNIT OF
13 CAPACITY REQUIRED BY THE NEW CUSTOMER SHALL NOT EXCEED THE COST
14 OF THE FACILITIES AS DESCRIBED HEREIN DIVIDED BY THE DESIGN
15 CAPACITY OF THE FACILITIES. NOTHING CONTAINED HEREIN SHALL
16 PREVENT AN AUTHORITY FROM ALLOCATION OF ITS DISTRIBUTION OR
17 COLLECTION RELATED FACILITIES TO DIFFERENT SECTIONS OR DISTRICTS
18 OF ITS SYSTEM, NOR SHALL AN AUTHORITY BE PROHIBITED FROM
19 IMPOSING ADDITIONAL DISTRIBUTION OR COLLECTION RELATED TAPPING
20 FEES ON SPECIFIC GROUPS OF EXISTING CUSTOMERS SUCH AS COMMERCIAL
21 AND INDUSTRIAL CUSTOMERS, IN CONJUNCTION WITH ADDITIONAL
22 CAPACITY REQUIREMENTS OF SUCH CUSTOMERS.
23 (C) SPECIAL PURPOSE PART. FEES FOR SPECIAL PURPOSE
24 FACILITIES APPLICABLE ONLY TO A PARTICULAR GROUP OF CUSTOMERS,
25 OR SERVING A PARTICULAR PURPOSE AND/OR SERVING A SPECIFIC AREA,
26 BASED UPON THE COST OF SUCH FACILITIES, INCLUDING, BUT NOT
27 LIMITED TO, BOOSTER PUMP STATIONS, FIRE SERVICE FACILITIES AND
28 INDUSTRIAL WASTEWATER TREATMENT FACILITIES. SUCH FACILITIES MAY
29 INCLUDE THOSE THAT PROVIDE EXISTING SERVICE AND/OR THOSE THAT
30 WILL PROVIDE FUTURE SERVICE. THE COST OF EXISTING FACILITIES,
19890H0444B3941 - 17 -
1 WHICH SHALL NOT INCLUDE FACILITIES CONTRIBUTED TO THE AUTHORITY
2 BY ANY PERSON, GOVERNMENT OR AGENCY, SHALL BE BASED UPON THEIR
3 REPLACEMENT COST OR UPON HISTORICAL COST TRENDED TO CURRENT COST
4 USING PUBLISHED COST INDEXES OR UPON THE HISTORICAL COST PLUS
5 INTEREST AND OTHER FINANCING FEES PAID ON BONDS FINANCING SUCH
6 FACILITIES. IN THE CASE OF EXISTING FACILITIES, OUTSTANDING DEBT
7 RELATED TO THE FACILITIES SHALL BE SUBTRACTED FROM THE COST,
8 PROVIDED HOWEVER, THAT NO DEBT SHALL BE SUBTRACTED WHICH IS
9 ATTRIBUTABLE TO FACILITIES EXCLUSIVELY SERVING NEW CUSTOMERS. IN
10 THE CASE OF FACILITIES TO BE CONSTRUCTED OR ACQUIRED, THE COST
11 OF SUCH FACILITIES SHALL NOT EXCEED THEIR REASONABLE ESTIMATED
12 COST. UNDER ALL COST APPROACHES, THE COST OF SAID FACILITIES
13 SHALL BE REDUCED BY THE AMOUNT OF ANY GRANTS OR CAPITAL
14 CONTRIBUTIONS WHICH HAVE FINANCED SUCH FACILITIES. THE SPECIAL
15 PURPOSE PART OF THE TAPPING FEE PER UNIT OF CAPACITY REQUIRED BY
16 THE NEW CUSTOMER SHALL NOT EXCEED THE COST OF THE FACILITIES AS
17 DESCRIBED HEREIN DIVIDED BY THE DESIGN CAPACITY OF THE
18 FACILITIES. NOTHING CONTAINED HEREIN SHALL PREVENT AN AUTHORITY
19 FROM ALLOCATION OF ITS SPECIAL PURPOSE RELATED FACILITIES TO
20 DIFFERENT SECTIONS OR DISTRICTS OF ITS SYSTEM, NOR SHALL AN
21 AUTHORITY BE PROHIBITED FROM IMPOSING ADDITIONAL SPECIAL PURPOSE
22 RELATED TAPPING FEES ON SPECIFIC GROUPS OF EXISTING CUSTOMERS
23 SUCH AS COMMERCIAL AND INDUSTRIAL CUSTOMERS, IN CONJUNCTION WITH
24 ADDITIONAL CAPACITY REQUIREMENTS OF SUCH CUSTOMERS.
25 (D) REIMBURSEMENT COMPONENT. AN AMOUNT NECESSARY TO
26 RECAPTURE THE ALLOCABLE PORTION OF FACILITIES IN ORDER TO
27 REIMBURSE THE PROPERTY OWNER OR OWNERS AT WHOSE EXPENSE SUCH
28 FACILITIES WERE CONSTRUCTED, AS SET FORTH IN CLAUSES (Z) AND
29 (Z.1) HEREOF.
30 (E) CALCULATION OF TAPPING FEE COMPONENTS. (I) IN ARRIVING
19890H0444B3941 - 18 -
1 AT THE COST TO BE INCLUDED IN THE TAPPING FEE COMPONENTS, THE
2 SAME COST SHALL NOT BE INCLUDED IN MORE THAN ONE PART OF THE
3 TAPPING FEE.
4 (II) NO TAPPING FEE MAY BE BASED UPON OR INCLUDE THE COST OF
5 EXPANDING, REPLACING, UPDATING OR UPGRADING FACILITIES SERVING
6 EXISTING CUSTOMERS IN ORDER TO MEET STRICTER EFFICIENCY,
7 ENVIRONMENTAL, REGULATORY OR SAFETY STANDARDS OR TO PROVIDE
8 BETTER SERVICE TO, OR MEET THE NEEDS OF, EXISTING CUSTOMERS.
9 (III) THE COST USED IN CALCULATING TAPPING FEES SHALL NOT
10 INCLUDE MAINTENANCE AND OPERATION EXPENSES. AS USED IN THIS
11 CLAUSE, "MAINTENANCE AND OPERATION EXPENSES" ARE THOSE
12 EXPENDITURES MADE DURING THE USEFUL LIFE OF A SEWER OR WATER
13 SYSTEM FOR LABOR, MATERIALS, UTILITIES, EQUIPMENT ACCESSORIES OR
14 APPURTENANCES AND OTHER ITEMS WHICH ARE NECESSARY TO MANAGE AND
15 MAINTAIN THE SYSTEM CAPACITY AND PERFORMANCE AND TO PROVIDE THE
16 SERVICE FOR WHICH THE SYSTEM WAS CONSTRUCTED.
17 (2) EVERY AUTHORITY CHANGING A TAPPING, CUSTOMER FACILITIES
18 OR CONNECTION FEE SHALL DO SO AT A PUBLIC MEETING OF THE
19 AUTHORITY. THE AUTHORITY SHALL HAVE AVAILABLE FOR PUBLIC
20 INSPECTION A DETAILED ITEMIZATION OF ALL CALCULATIONS CLEARLY
21 SHOWING THE MANNER IN WHICH THE FEES WERE DETERMINED. A REVISED
22 TAPPING, CUSTOMER FACILITIES OR CONNECTION FEE MAY BE IMPOSED
23 UPON THOSE WHO SUBSEQUENTLY CONNECT TO THE SYSTEM.
24 (3) NO AUTHORITY SHALL HAVE THE POWER TO IMPOSE ANY
25 CONNECTION FEE, CUSTOMER FACILITIES FEE, TAPPING FEE OR ANY
26 SIMILAR FEE EXCEPT AS PROVIDED SPECIFICALLY IN THIS SECTION.
27 * * *
28 (Y) WHERE A SEWER OR WATER SYSTEM OF AN AUTHORITY IS TO BE
29 EXTENDED AT THE EXPENSE OF THE OWNER OR OWNERS OF PROPERTIES OR
30 WHERE THE AUTHORITY OTHERWISE WOULD CONSTRUCT THE CUSTOMER
19890H0444B3941 - 19 -
1 FACILITIES REFERRED TO IN SECTION 4(B)(T)(II) (OTHER THAN WATER-
2 METER INSTALLATION), THE PROPERTY OWNER OR OWNERS SHALL HAVE THE
3 RIGHT TO CONSTRUCT THE EXTENSION OR INSTALL THE CUSTOMER
4 FACILITIES HIMSELF OR THEMSELVES OR THROUGH A SUBCONTRACTOR
5 APPROVED BY THE AUTHORITY, WHICH APPROVAL SHALL NOT BE
6 UNREASONABLY WITHHELD: PROVIDED THAT THE AUTHORITY SHALL HAVE
7 THE RIGHT, AT ITS OPTION, TO PERFORM THE CONSTRUCTION ITSELF
8 ONLY IF THE AUTHORITY PROVIDES THE EXTENSION OR CUSTOMER
9 FACILITIES AT A LOWER COST AND WITHIN THE SAME TIMETABLE
10 SPECIFIED OR PROPOSED BY THE PROPERTY OWNER OR OWNERS OR HIS OR
11 THEIR APPROVED SUBCONTRACTOR. CONSTRUCTION BY THE PROPERTY OWNER
12 OR OWNERS SHALL BE IN ACCORDANCE WITH AN AGREEMENT FOR THE
13 EXTENSION OF THE AUTHORITY'S SYSTEM AND PLANS AND SPECIFICATIONS
14 APPROVED BY THE AUTHORITY AND SHALL BE UNDERTAKEN ONLY PURSUANT
15 TO THE EXISTING REGULATIONS, REQUIREMENTS, RULES AND STANDARDS
16 OF THE AUTHORITY APPLICABLE TO SUCH CONSTRUCTION AND SHALL BE
17 FURTHER SUBJECT TO INSPECTION BY AN INSPECTOR AUTHORIZED TO
18 APPROVE SUCH CONSTRUCTION AND EMPLOYED BY THE AUTHORITY DURING
19 CONSTRUCTION. WHEN A MAIN IS TO BE EXTENDED AT THE EXPENSE OF
20 THE OWNER OR OWNERS OF PROPERTIES, THE PROPERTY OWNER OR OWNERS
21 MAY BE REQUIRED TO DEPOSIT WITH THE AUTHORITY, IN ADVANCE OF
22 CONSTRUCTION, THE AUTHORITY'S ESTIMATED REASONABLE AND NECESSARY
23 COST OF REVIEWING PLANS, CONSTRUCTION, INSPECTIONS,
24 ADMINISTRATIVE, LEGAL AND ENGINEERING SERVICES. THE AUTHORITY
25 MAY REQUIRE THAT CONSTRUCTION SHALL NOT COMMENCE UNTIL THE
26 PROPERTY OWNER HAS POSTED APPROPRIATE FINANCIAL SECURITY IN
27 ACCORDANCE WITH SUBSECTION B.(S.1) OF THIS ACT. THE AUTHORITY
28 MAY PRESCRIBE THAT THE PROPERTY OWNER OR OWNERS SHALL REIMBURSE
29 THE AUTHORITY FOR REASONABLE AND NECESSARY EXPENSES INCURRED AS
30 A RESULT OF THE EXTENSION. IF AN INDEPENDENT FIRM IS EMPLOYED
19890H0444B3941 - 20 -
1 FOR ENGINEERING REVIEW OF THE PLANS AND THE INSPECTION OF
2 IMPROVEMENTS, REIMBURSEMENT FOR SUCH SERVICES SHALL BE
3 REASONABLE AND IN ACCORDANCE WITH THE ORDINARY AND CUSTOMARY
4 FEES CHARGED BY THE INDEPENDENT FIRM FOR WORK PERFORMED FOR
5 SIMILAR SERVICES IN THE COMMUNITY, BUT IN NO EVENT SHALL THE
6 FEES EXCEED THE RATE OR COST CHARGED BY THE INDEPENDENT FIRM TO
7 THE AUTHORITY WHEN FEES ARE NOT REIMBURSED OR OTHERWISE IMPOSED
8 ON APPLICANTS. UPON COMPLETION OF CONSTRUCTION, THE PROPERTY
9 OWNER OR OWNERS SHALL DEDICATE, AND THE AUTHORITY SHALL ACCEPT,
10 THE EXTENSION OF THE AUTHORITY'S SYSTEM, PROVIDED DEDICATION OF
11 FACILITIES AND THE INSTALLATION COMPLIES WITH THE PLANS,
12 SPECIFICATION, REGULATIONS OF THE AUTHORITY AND THE AGREEMENT.
13 AN AUTHORITY MAY PROVIDE IN ITS REGULATIONS THOSE FACILITIES
14 WHICH, HAVING BEEN CONSTRUCTED AT THE EXPENSE OF THE OWNER OR
15 OWNERS OF PROPERTIES, THE AUTHORITY WILL ACCEPT AS A PART OF ITS
16 SYSTEM.
17 (Z) WHERE A PROPERTY OWNER CONSTRUCTS OR CAUSES TO BE
18 CONSTRUCTED AT HIS EXPENSE ANY EXTENSION OF A SEWER OR WATER
19 SYSTEM OF AN AUTHORITY, THE AUTHORITY SHALL PROVIDE FOR THE
20 REIMBURSEMENT TO THE PROPERTY OWNER WHEN THE OWNER OF ANOTHER
21 PROPERTY NOT IN THE DEVELOPMENT FOR WHICH THE EXTENSION WAS
22 CONSTRUCTED, CONNECTS A SERVICE LINE DIRECTLY TO THE EXTENSION
23 WITHIN TEN YEARS OF THE DATE OF THE DEDICATION OF SUCH EXTENSION
24 TO THE AUTHORITY IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
25 (1) SUCH REIMBURSEMENT SHALL BE EQUAL TO THE DISTRIBUTION OR
26 COLLECTION PART OF EACH TAPPING FEE COLLECTED AS A RESULT OF
27 SUBSEQUENT CONNECTIONS. AN AUTHORITY SHALL BE ENTITLED TO DEDUCT
28 FROM EACH REIMBURSEMENT PAYMENT AN AMOUNT EQUAL TO FIVE PER
29 CENTUM WHICH SHALL BE DEEMED TO REPRESENT THE APPROPRIATE CHARGE
30 FOR ADMINISTRATIVE EXPENSES AND SERVICES RENDERED IN
19890H0444B3941 - 21 -
1 CALCULATING, COLLECTING, MONITORING AND DISBURSING THE
2 REIMBURSEMENT PAYMENTS TO THE PROPERTY OWNER ENTITLED THERETO.
3 (2) REIMBURSEMENT SHALL BE LIMITED TO THOSE LINES WHICH HAVE
4 NOT PREVIOUSLY BEEN PAID FOR BY THE AUTHORITY.
5 (3) THE AUTHORITY SHALL, IN THE PREPARATION OF THE NECESSARY
6 REIMBURSEMENT AGREEMENT WITH THE PROPERTY OWNER OR OWNERS FOR
7 WHOSE BENEFIT REIMBURSEMENT WILL BE PROVIDED, ATTACH AS AN
8 EXHIBIT AN ITEMIZED LISTING OF ALL SEWER AND WATER FACILITIES
9 FOR WHICH REIMBURSEMENT SHALL BE PROVIDED.
10 (4) THE TOTAL REIMBURSEMENT TO WHICH A PROPERTY OWNER OR
11 OWNERS SHALL BE ENTITLED SHALL NOT EXCEED THE COST OF ALL LABOR
12 AND MATERIAL, ENGINEERING DESIGN CHARGES, THE COST OF
13 PERFORMANCE AND MAINTENANCE BONDS, AUTHORITY REVIEW AND
14 INSPECTION CHARGES, AS WELL AS FLUSHING AND TELEVISING CHARGES
15 AND ANY AND ALL CHARGES INVOLVED IN THE ACCEPTANCE AND
16 DEDICATION OF SUCH FACILITIES BY THE AUTHORITY, LESS THE AMOUNT
17 WHICH WOULD BE CHARGEABLE TO SUCH PROPERTY OWNER BASED UPON THE
18 AUTHORITY'S COLLECTION AND DISTRIBUTION TAPPING FEES WHICH WOULD
19 BE APPLICABLE TO ALL LANDS OF THE PROPERTY OWNER SERVED DIRECTLY
20 OR INDIRECTLY THROUGH SUCH EXTENSIONS IF THE PROPERTY OWNER DID
21 NOT FUND THE EXTENSION.
22 (5) AN AUTHORITY SHALL BE REQUIRED TO NOTIFY BY CERTIFIED
23 MAIL, TO THEIR LAST KNOWN ADDRESS, THE PROPERTY OWNER OR OWNERS
24 FOR WHOSE BENEFIT SUCH REIMBURSEMENT SHALL APPLY WITHIN THIRTY
25 DAYS OF THE AUTHORITY'S RECEIPT OF ANY SUCH REIMBURSEMENT
26 PAYMENT. IN THE EVENT THAT THE PROPERTY OWNER OR OWNERS HAVE NOT
27 CLAIMED A REIMBURSEMENT PAYMENT WITHIN ONE HUNDRED TWENTY DAYS
28 OF THE MAILING OF THE NOTICE, THE PAYMENT SHALL REVERT TO AND
29 BECOME THE SOLE PROPERTY OF THE AUTHORITY WITH NO FURTHER
30 OBLIGATION ON THE PART OF THE AUTHORITY TO REFUND THE PAYMENT TO
19890H0444B3941 - 22 -
1 THE PROPERTY OWNER OR OWNERS.
2 (Z.1) WHENEVER A SEWER SYSTEM OR WATER SYSTEM OR ANY PART OR
3 EXTENSION THEREOF OWNED BY AN AUTHORITY HAS BEEN CONSTRUCTED BY
4 THE AUTHORITY AT THE EXPENSE OF A PRIVATE PERSON OR CORPORATION
5 OR HAS BEEN CONSTRUCTED BY A PRIVATE PERSON OR CORPORATION UNDER
6 THE SUPERVISION OF THE AUTHORITY AT THE EXPENSE OF THE PRIVATE
7 PERSON OR CORPORATION, THE AUTHORITY SHALL HAVE THE RIGHT TO
8 CHARGE A TAPPING FEE AND REFUND SAID TAPPING FEE OR ANY PART
9 THEREOF TO THE PERSON OR CORPORATION WHO HAS PAID FOR THE
10 CONSTRUCTION OF SAID SEWER OR WATER SYSTEM OR ANY PART OR
11 EXTENSION THEREOF.
12 SECTION 2. NOTWITHSTANDING SECTION 4 OF THIS ACT, THIS ACT
13 SHALL APPLY IMMEDIATELY TO ANY CONNECTION, CUSTOMER FACILITIES,
14 TAPPING OR SIMILAR FEES WHICH ARE INCREASED OR INITIALLY IMPOSED
15 SUBSEQUENT TO THE DATE OF FINAL ENACTMENT.
16 SECTION 3. THIS ACT SHALL NOT AFFECT ANY EXISTING AGREEMENT
17 WHICH RELATES TO THE SUBJECT MATTER OF THIS ACT. THE PROVISIONS
18 OF SECTION 4 B.(Z) OF THE ACT SHALL BE APPLICABLE TO ANY
19 AGREEMENT FOR EXTENSION OF A SEWER OR WATER SYSTEM OF AN
20 AUTHORITY ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT.
21 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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