Township of Lower Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
STATUTORY REFERENCES
Establishing and constructing sewer and drainage systems; sewer connections and charges; disposal of sewage; assessment of cost of construction — See 53 P.S. § 67501 et seq.
Sewer assessments — See 53 P.S. § 67508 et seq.
Sewer rentals — See 53 P.S. § 67511.
Sewers under state and county highways — See 53 P.S. § 67512.
Connecting with sewer of adjoining municipality — See 53 P.S. § 67513.
Acquisition of sewer systems — See 53 P.S. § 67515.
Joint sewers and drains — See 53 P.S. § 67516.
GENERAL REFERENCES
Sewer rates and charges — See Ch. 208, Section 208.02(b).
Sewers generally — See Ch. 1060.

§ 1062.01 (Reserved) [1]

[1]
Editor's note: Former Section 1062.01, Connection fee, was repealed by Ordinance 370, passed 4-18-2000.

§ 1062.02 Annual sewer rentals.

[Ord. 194. Passed 5-20-1982. Ord. 295. Passed 6-15-1992. Ord. 302. Passed 8-16-1993. Ord. 370. Passed 4-18-2000]
Annual sewer rental rates and charges for all classifications of properties shall be established by resolution of the Lower Gwynedd Township Board of Supervisors retroactive to April 1, 2000, and from time to time thereafter as deemed appropriate by the Board.

§ 1062.03 Payment of charges and rentals.

[Ord. 194. Passed 5-20-1982]
(a) 
The connection charge imposed by Section 1062.01 shall be payable upon application for a permit to make the connection.
(b) 
The sewer rents imposed by Section 1062.02 shall be payable quarterly in advance, and rent for each calendar quarter shall be billed and payable on the first day of each quarter (i.e. on January 1, April 1, July 1 and October 1 of each year).
(c) 
Except regarding any property which is under an obligation to connect to the sewerage system pursuant to Chapter 1060, rent shall be due beginning on the date of actual connection. The rent for the quarter during which the connection is made shall be prorated based upon the number of days remaining in the quarter after connection. Such rent shall be billed with the next regular quarterly billing or shall be billed by special interim billing as the Township official responsible for billing may elect.
(d) 
With regard to any property whose owners are required to connect such property to the public sewers pursuant to Chapter 1060, rent shall be imposed as if such property were connected on the first day of the quarter following the date the property is under an obligation to be connected, and such rent shall be imposed and due regardless of whether or not actual connection of the property has been made by such date. Where notice of the obligation to be connected has been publicly advertised, the date the property shall be considered to be under an obligation to connect for purposes of imposing rent shall be sixty days after such public advertisement. Where no public advertisement of the notice to connect has occurred, the date the property shall be considered to be under an obligation to connect for purposes of imposing rent shall be sixty days after the date notice of the obligation to connect is served on the property owner or posted on the property. This section shall apply to any property which, in the future, may be under an obligation to connect and to any property which, on the effective date of this section (Ordinance 194, passed May 20, 1982) is already under an obligation to connect but has not in fact been connected.
(e) 
Bills for sewer rent shall be mailed to the address specified in the application for a permit to make the connection, unless and until a different address is specified by the owner or user of the property to the Township. With regard to any property which is or shall be required to be connected to the public sewer system pursuant to Chapter 1060, but which property is not or shall not be connected as required, the bill for sewer rent shall be mailed to the record owner of the property or shall be posted on any building located on the property. Failure to receive a bill as a result of an incorrect address or otherwise shall not excuse nonpayment of rent or extend the time for payment.

§ 1062.04 Delinquency; remedies.

[Ord. 194. Passed 5-20-1982]
(a) 
If payment of any quarterly installment of sewer rent is not received within thirty days after the date of the bill, an initial penalty of ten percent of the quarterly installment of sewer rent shall be added thereto. If payment of the rental installment, plus the initial penalty, is not received within three months following such initial penalty date, an additional penalty of two and one-half percent of the original installment, plus the initial penalty, shall be added on the last day of the third month following such initial penalty date. An additional penalty of two and one-half percent of the original installment, plus the initial penalty, shall be added for each subsequent three-month period until payment is received in full of the aggregate amount of the installment, together with all penalties and costs added to such installment, or until a municipal lien is filed of record in the manner provided by law such that interest will begin to accrue. Upon the actual filing of any municipal lien regarding any unpaid installment of sewer rent, the unpaid installment, together with any initial ten percent penalty assessed, shall bear interest at the rate of ten percent per year.
(b) 
If any quarterly sewer rental is unpaid for a period of thirty days or longer after its due date, the Township Manager or other duly authorized Township official may cut off sewer service or arrange for termination of public water service to such property in accordance with the manner provided by law, until all past due installments together with any penalties and interest due thereon, plus reimbursement for all costs incurred in the cutting off or restoring of water or sewer service, have been paid in full.
(c) 
Any unpaid sewer rent, together with penalties and interest thereon to the extent permitted by law, shall be a lien on the property served and may be filed and collected in the manner provided by law.
(d) 
Any payment of less than the full outstanding amount of rent, together with all interest and penalties and any chargeable costs incurred in cutting off or restoring water or sewer service to the property or in liening such property, shall be applied as follows:
(1) 
Payment shall first be applied toward costs incurred in cutting off or restoring sewer or water service or in liening such property.
(2) 
Any remaining payment shall be applied toward the interest, penalties and rental installments (in that order) of all outstanding installments, with the longest outstanding rental installment together with its related interest and penalties being paid in full before any payments are applied towards the next longest outstanding installment.
(3) 
Any remaining payment shall be applied toward rental and any penalty or interest for the quarter in which the payment is tendered.

§ 1062.05 Discharge of special wastes; permit required.

[Ord. 194. Passed 5-20-1982]
(a) 
The rents imposed by Section 1062.02 cover the discharge of the normal, water-carried household and toilet wastes known as sanitary sewage. No wastes other than sanitary sewage permitted to be discharged into the sewerage system under Chapter 1060 shall be discharged except upon written permit of the Township.
(b) 
Any user desiring to discharge wastes other than sanitary sewage permitted to be discharged by Chapter 1060 shall apply to the Township for a permit therefor. If the Township finds that the sewage to be discharged will not damage the sewers or the treatment plant and that the discharge thereof is permitted by all agreements, leases and Township ordinances relating to the operation of the sewerage system and the treatment plant, the Township is hereby authorized to issue a permit for discharge of such sewage, provided that the applicant executes and delivers any indemnity required by the Township and provided that the applicant complies with such reasonable requirements as the Township may impose to protect the sewerage system and the treatment plant and to ensure compliance with the permit and the Township ordinances. Upon issuing any such permit, the Township shall fix the rent to be paid for the use permitted.

§ 1062.06 Charges for users of Ambler Area sewer.

[Ord. 194. Passed 5-20-1982]
The system of charges applied to the users of the sewerage system shall be such as to comply with the requirements of the Environmental Protection Agency promulgated in the Code of Federal Regulations, Title 40, Part 35, Subpart E, and such records shall be maintained as are necessary to document compliance with such requirements.

§ 1062.07 Effective date.

[Ord. 194. Passed 5-20-1982]
The sewer rates established by this chapter shall become effective with and apply to the billing for the quarter beginning July 1, 1982.

§ 1062.08 Rules and regulations.

[Ord. 50. Passed 5-1-1961]
Rules and regulations regarding the payment and collection of the sewer rents imposed hereunder and the use of the sewerage system may be promulgated by the Authority or the Township. Upon approval by the Board of Supervisors, such rules and regulations shall become effective as though set forth herein.