Township of West Whiteland, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Last amended 4-11-2018 by Ord. No. 440]
Unless the context specifically indicates otherwise, the meaning of terms used in this Part l shall be as follows:
COMMERCIAL AND INSTITUTIONAL ESTABLISHMENT
Any structure or store, office or other unit thereof intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, educational, charitable or public use.
DWELLING UNIT
Any single-family detached dwelling, semidetached dwelling, attached dwelling, row house or townhouse, as well as any separate or independent living unit within or forming a part of any duplex, quadraplex, apartment building or other multifamily residential dwelling, however denominated . Thus, an apartment building containing five apartments shall be deemed to contain five dwelling units for the purpose of computation of sewer rentals, tapping fees and other similar charges. A building or lot containing a commercial or industrial or other nonresidential use and a residential dwelling unit shall be deemed to impose upon the land and the owners thereof sewer rentals, tapping fees and other similar charges computed based upon the charges and tapping fees imposed for the commercial use, plus the charges and tapping fees imposed upon the residential use, notwithstanding the fact that there may be but a single sewer line or lateral entering the sewer system.
EQUIVALENT DWELLING UNIT (EDU)
A standard unit of measure for which residential sewer rents and charges are billed at a rate and term established by resolution of the Board of Supervisors.
INDUSTRIAL ESTABLISHMENT
Any structure or separate unit thereof intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.
INDUSTRIAL WASTES
Any solids, liquids or gaseous substance or form of energy rejected or escaping from any industrial, manufacturing, trade or business process, or from the development, recovery or processing of natural resources and distinct from sanitary sewage.
MULTIFAMILY RESIDENTIAL DWELLING
A building containing two or more dwelling units, including, but not limited to, a quadraplex, townhouse (single-family attached), apartment buildings, and other similar building types where the dwelling units are connected directly to the sewer system with a single lateral.
OWNER
Any person or persons vested with ownership, legal or equitable, sole or partial, of any property located within the Township. The owners of a property are those persons listed in the records of the Township.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
PROPERTY
Any lot or parcel of ground within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
SANITARY SEWAGE
The domestic water or normal wastewater carried from households and toilet wastes from residences, business buildings, and commercial, institutional and industrial establishments.
SANITARY SEWERS
The system of pipes and facilities operated by the Township for the collection of sanitary sewage and acceptable industrial wastes in and for the Township.
SEWER SYSTEM
All facilities operated by the Township for the collection and disposal of sanitary sewage and acceptable industrial wastes in and for the Township.
SEWER TAPPING FEES
Charges to be assessed against any person making a connection to the sewer system or modifying an existing unit or changing the type of use of a property previously connected at the rates calculated on a per gallons per day of capacity basis as established by resolution of the Board of Supervisors in accordance with § 253-5.
SHALL
Is mandatory; "may" is permissive.
SINGLE-FAMILY DETACHED DWELLING
An individual, freestanding dwelling unit occupied by a single family individually connected directly to the sewer system.
TOWNSHIP
The Township of West Whiteland, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
An engineer employed by the Township or his or her designee, including a designated consulting engineer appointed by the Township.
USE
A specific purpose for which land or a building is designed, arranged, intended for or for which it is or may be occupied or maintained; and as covered by use regulations in the Zoning Ordinance of the Township.[1]
WATER COMPANY
That public agency or private company providing water service to customers connected to the sewer system.
[1]
Editor's Note: See Ch. 325, Zoning.
A. 
There is hereby imposed, upon each property located within the Township served by the sewer system and having the use thereof, sewer rents or charges payable as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based upon the schedules of classifications and rates adopted by resolution of the Board of Supervisors.
B. 
The owners, jointly and severally, of the property served by the sewer system and having the use thereof shall be responsible for payment of the sewer rents and charges, penalties, interest, costs of collection and reasonable attorneys' fees imposed by this chapter and Chapter 33, Municipal Debt Collection and Attorney Fees, of the Code of the Township of West Whiteland. The bills for sewer rents or charges provided for in § 253-7A hereof and any other bill applicable to a property shall be mailed by first-class mail, postage prepaid, to the owner of each property served and having the use of the sewer system, to the address set forth in Township records. The owner and not the Township is responsible for back-billing or rebilling any charge to a tenant.
Each dwelling unit shall be subject to an annual fixed sewer rental per EDU. The rates, classifications and payment terms shall be set by resolution of the Board of Supervisors.
A. 
Volume-based rates. Each nonresidential use shall be subject to a sewer rental based upon the quantity of water used for the preceding quarter. The rates, classifications and payment terms shall be set by resolution of the Board of Supervisors. For users connected to public water, the sewer rates or charges shall be based on the quantity of water used as evidenced by meter readings of the water company. For users not connected to public water, the sewer rates or charges shall be based upon the average gallons per day of sewage capacity assigned to the property in accordance with the records of the Township. If the owner of the property disagrees with the average gallons per day of sewage capacity assigned to the property, the owner may submit volume estimates prepared by a professional engineer licensed in the Commonwealth of Pennsylvania skilled in the field of wastewater treatment and operations for review by the Township Engineer. Upon recommendation by the Township Engineer, the Township Manager may approve a change in the average gallons per day of sewage capacity assigned to the property. Any dispute as to the estimated volumes and associated sewer rentals that cannot be resolved with the Township Manager shall be submitted to the Board of Supervisors, whose decision shall be final.
B. 
Minimum rates. Regardless of water consumption, the minimum charge for sanitary sewage from industrial, commercial and institutional establishments shall not be less than the minimum rates established by resolution of the Board of Supervisors.
C. 
Multiple uses. In each case of a combination of one or more commercial, industrial or institutional establishments in one property, all having the use of the sewer system through one sewer connection, then each such establishment shall be charged the above-mentioned minimum rate as though each were separately connected to the sewer system, and if there is only one water meter for any such combination, the Township may estimate the amount of water used by each individual establishment if necessary, provided that the owner and not the Township is responsible for back-billing or rebilling any charge to a tenant.
D. 
Water usage adjustments. The Township Engineer shall determine the average water usage to be used in calculating fees when the preponderance of evidence indicates that the usage data from the water company is in error or incomplete or if the preponderance of evidence indicates that all or part of the amount of water usage depicted by the water meter did not enter the sewer system.
E. 
Other uses. The sewer rentals for properties or uses not listed in the resolution of the Board of Supervisors shall be determined by the Township Engineer's estimate of sewer usage for the relevant type of property or use (or the most similar type of sewer use). If the owner of the property disagrees with the estimate of sewer usage, the owner may submit an estimate prepared by a professional engineer licensed in the Commonwealth of Pennsylvania skilled in the field of wastewater treatment and operations for review by the Township Engineer. Upon recommendation by the Township Engineer, the Township Manager may approve a change in the estimate of sewer usage for the property. Any dispute which cannot be resolved by the Township Manager shall be submitted to the Board of Supervisors, whose decision on the matter shall be final.
A. 
There is hereby fixed and imposed upon the owner of each property making any connection to the sewer system directly or indirectly, regardless of whether such property is connected separately or through one or more existing or new lateral sewers or sewer connections or collection lines owned by any owner other than the Township, a sewer tapping fee for each property as established by resolution of the Board of Supervisors. The minimum sewer tapping fee for each connection shall be as established by resolution of the Board of Supervisors.
B. 
The sewer tapping fees imposed hereunder with respect to property connected shall be in addition to:
(1) 
Any connection fee or inspection charge imposed by the Township; and
(2) 
Any rental or other charges fixed, charged or imposed by the Township by reason of the use.
C. 
Application for connection. An applicant for a connection to the sewer system shall provide to the Township data in a format acceptable to the Township Engineer that substantiates the proposed use or uses and the reasonably anticipated sewer usage in average gallons per day for the property to be connected. Capacity allocations for the purpose of determining the tapping fee shall be based on maximum daily wastewater flow (including reasonable allowances for infiltration/inflow). The Township Engineer shall review documentation of anticipated sewer usage and establish the required tapping fee. If the owner of the property disagrees with the capacity determination, the owner may submit volume estimates prepared by a professional engineer licensed in the Commonwealth of Pennsylvania skilled in the field of wastewater treatment and operations for review by the Township Engineer. Upon recommendation by the Township Engineer, the Township Manager may approve a change in the capacity assigned to the property. Any dispute as to the estimated volumes and associated sewer tapping fees that cannot be resolved with the Township Manager shall be submitted to the Board of Supervisors, whose decision shall be final.
D. 
No sewer capacity shall be guaranteed for a property until the sewer tapping fees have been paid.
A. 
General. Where any building, other than a single-family detached dwelling, connected to the sewer system shall be converted, enlarged or remodeled, or where the property shall have additional buildings constructed and connected indirectly to the sewer system through an existing lateral or a change in use, resulting in usage in excess of the sewage capacity assigned to the property, additional tapping fees, in accordance with § 253-5, for each such additional use shall be payable by the owner of the property.
B. 
All uses. The Township shall have the right at any time to investigate the actual sewer usage of any property so connected in order to verify that the actual sewer usage conforms to the sewage capacity assigned to the property, and to impose supplemental or additional sewer tapping fees if the actual consumption exceeds the anticipated usage. If records show the usage is in excess of the sewage capacity assigned to the property, additional tapping fees shall be payable by the owner of the property.
C. 
Application to increase usage. No commercial, institutional, or industrial establishment shall increase its sewer usage beyond the capacity set forth in its original application for connection, or as determined by the Township at the time of connection, or beyond its existing usage on June 28, 1992, without first making application to the Township for such increased usage by the Township and obtaining the written approval of the Township. All applicants shall pay to the Township such additional tapping fees, as established by resolution of the Board of Supervisors.
D. 
Decreased usage. No refund, rebate or credit of tapping fees shall be made in the event of a decrease in sewer usage.
E. 
Transfer of sewage capacity.
(1) 
Sewage capacity allocated and paid for any distinct lot, parcel or property shall not be transferable to any other lot, parcel or property.
(2) 
Sewage capacity allocated and paid for a recorded land development consisting of multiple distinct lots, parcels or properties may be transferable to any lot, parcel or property within the recorded land development.
A. 
The billing period, the time of billing and due dates for sewer rentals shall be established by resolution of the Board of Supervisors. The Township may grant a hardship exemption to pay the sewer rental upon written application by an owner of a private dwelling in accordance with regulations adopted by the Board of Supervisors.
B. 
Sewer tapping fees shall be due and payable at the time of application for connection to the sewer system, or prior to the Township's issuance of a building permit or use and occupancy permit, as applicable. For increased sewer use or a change in use, the additional tapping fees shall be due and payable upon billing by the Township in accordance with§ 253-8B.
A. 
Charges for sewer service shall be deemed delinquent and subject to a penalty of 10% if not paid by the due dates established by resolution of the Board of Supervisors and detailed on the bill. All sewer rentals, together with all interest and penalties thereon, not paid on or before 90 days from the date of each bill, shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereon shall be a lien against such property in the office of the Prothonotary of Chester County and shall be collected in the manner provided by law for the filing and collection of such liens.
B. 
Sewer tapping fees and supplemental or additional sewer tapping fees shall be subject to a penalty of 10% if not paid within 30 days of the billing date. If not paid within 90 days after becoming due, the bill plus the penalty, if unpaid, shall be deemed to be delinquent. All delinquent sewer tapping fees and penalties thereon shall be a lien against such property in the office of the Prothonotary of Chester County and shall be collected in the manner provided by law for the filing and collection of such liens.
C. 
All persons connected to the sewer system must give the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable without penalty.
D. 
These penalties shall be concurrent with all other remedies, legal and equitable, available to the Township for collection of said rentals and tapping fees, including but not limited to municipal lien and assumpsit remedies.
A. 
The funds received by the Township from the collection of the sewer rentals and charges and all penalties thereon, as herein provided for, and any fines collected by the Township in connection with the sewer system, shall be segregated, earmarked and deposited in a separate fund, to be designated "Sewer Operating Fund."
B. 
The funds received by the Township from payment of sewer tapping fees imposed and collected by the Township shall be deposited in the Sewer Construction Fund.
In the event that the owner or operator of any nonresidential establishment fails to conform or comply with the terms and conditions of its agreement with the Township pertaining to the discharge of its wastes which causes damage to the sewer system, the receiving wastewater treatment plant or to any employee thereof, or the discharge of any substance that kills fish, the owner or operator shall be liable for the damages thereof. The limit of the damage shall be determined by the Township where its facilities are involved, and the receiving wastewater treatment plant where those facilities are involved, and the owner or operator shall be billed therefor. Legal action may be taken to enforce collection, and the Township may resort to the termination of its connection to the sewer system.
Violations of any provision of this Part 1 which have heretofore not been addressed must be corrected within three days of written notice to comply with this Part 1. Each and every twenty-four-hour period after this three-day period shall constitute a separate violation. Any person who violates or permits the violation of any provision of this Part 1 shall be subject to a fine in the amount of at least $25, but not to exceed $1,000, plus all court costs, including reasonable attorney fees incurred by the Township. Upon a finding of liability for committing said violation or permitting said violation, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, plus all court costs, including attorney fees. No judgment shall be imposed until the date of determination of a violation by a District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.