[Added 8-22-2000 by Ord. No. 292]
The Board of Supervisors hereby establishes
the Mill Valley Sewer District comprising the territory, including
Amstel Way, North Tulip Drive and South Tulip Drive, as more specifically
shown and marked on Exhibit "A" attached hereto and incorporated herein.
The District shall include all residential properties, as depicted
on the above Exhibit "A."[1]
[1]
Editor's Note: Exhibit A, Mill Valley Sewer District, is included at the end of this chapter.
A.
In addition to any other connection or customer facilities
fixed and imposed under this Part 8, there is hereby fixed and imposed
upon the owner of each property situated within the Mill Valley Sewer
District a tapping fee of $2,742 per equivalent dwelling unit (EDU)
of capacity required for connection.
B.
Capacity allocations for the purpose of determining
the tapping fee shall be determined on the basis of a total wastewater
flow (including water use and an average infiltration/inflow allowance)
of 250 gpd per EDU. Each private dwelling unit shall have a minimum
EDU value of one EDU per unit. The EDU value of any other or additional
use shall be determined by the Township as set forth in § 253-44
of this chapter.
C.
Where two or more buildings are connected to the sewer
system through a single service connection or where two or more uses
are made of the same improved property, the tapping fee determination
shall be computed as though such building and each type of use were
separate improved properties or uses with separate sewer connections.
D.
Where any building connected to the sewer system shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected directly to the sewer system through existing lateral, or connected directly through a new lateral so as to create or establish more extensive use or additional uses as classified in Subsection B above, an additional tapping fee in accordance with Subsection A above, for each such additional use, shall be payable to the Township by the owner of the property so improved.
E.
The fees imposed hereunder shall be in addition to
any sewer rentals or other charges fixed, charged or imposed by the
Township by reason of the use, or availability for use, of the sewer
system by such property, with the sole exception that the tapping
fee applicable to the Township wide sewer system set forth in Part
5, Tapping Fees, of this chapter, is hereby waived for residential
properties within the Mill Valley Sewer District.
For each existing dwelling unit and other established
uses within the Mill Valley Sewer District, the tapping fees established
herein shall be due and payable within 60 days of written notice to
the property owner and no later than January 1, 2001. For each new
dwelling unit or other use, or converted, enlarged or remodeled or
additional buildings, the applicable tapping fees shall be due and
payable at the time of application for connection.
A.
Sewer tapping fees shall be subject to a 10% penalty
if not paid within 30 days of the billing due date. If not paid within
60 days after becoming due, the bill plus the penalty, if unpaid,
shall bear interest from the due date at the rate of 1% per month
or fraction thereof until paid. These penalties shall be concurrent
with all other remedies, legal and equitable, available to the Township
for collection of said fees including, but not limited to, municipal
lien and assumpsit remedies.
B.
All sewer tapping fees, together with all penalties
and interest thereon, not paid on or before the end of 60 days from
the date of each bill shall be deemed to be delinquent. It shall be
the duty of the Township to proceed to collect such delinquent fees,
together with penalties and costs accrued thereon, including attorneys
fees, either by action at law or by filing a lien or liens for the
same in the office of the Prothonotary of the Court of Common Pleas
of Chester County, Pennsylvania, and such liens, together with penalty
and costs accrued thereon, including attorneys fees, shall be filed
and collected in accordance with applicable Township ordinances and
law.
No connection shall be made to the Mill Valley
Sewer System, except in accordance with this Part 8 and with the ordinances
and resolutions, as well as such rules and regulations, which may,
from time to time, be enacted, adopted, approved or promulgated by
the Township.
There is hereby imposed upon each property located within the Mill Valley Sewer District, served by the Mill Valley Sewer System and having the use thereof, whether direct or indirect, the sewer rent or charge as set forth in Part 1, Sewer Rental Fees, of this chapter, as may be amended, from time to time. In addition to the above sewer rent, there is imposed an additional rent or charge for the purpose of charging the properties connected to the Mill Valley Sewer System on a semiannual basis for a period of 30 years certain costs of said system not included in the tapping fee of $138 per EDU per six-month period. The first bill for such additional charge shall be due at the time of payment of the first sewer rental billing in 2001 and the last bill for such additional charge shall be due at the time of payment of the last sewer rental billing in 2030. Payment of said sewer rent or other charges shall be required as provided for in Part 1 of this chapter and in accordance with the provisions of Part 1 of this chapter, including without limitation, the provisions regarding time and methods of payment, penalties for delinquent sewer rentals and liens.
The Township and its agents and employees shall
have the right of access to and may enter any building, property,
land, premises or place as may be necessary to carry out the provisions
of this Part 8 and the rules and regulations promulgated hereunder.
In connection with such inspection or investigation, samples may be
taken of any solid, semisolid, liquid or contained gaseous material
for analysis.
The provisions of this Part 8 are declared to
be for the health, safety and welfare of the citizens of the Township
and persons violating any provisions of this Part 8, upon conviction
before any District Justice, shall be fined not more than $1,000 and
costs of prosecution and collection activities or by imprisonment
in the county jail for a term not to exceed 30 days, or both such
fines and imprisonment. The continuation of such violation for each
successive day shall constitute a separate offense and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for such separate offense.
In addition to the penalties provided in § 253-72 and any other remedies authorized under this Part 8, the Township is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate any violations and remove any septic disposal system owned, operated or maintained in violation of the provisions of this Part 8. Violations of this Part 8 are declared to be public nuisances, abatable as such.
The Township reserves the right to, and may
from time to time, adopt, revise, amend and readopt such rules and
regulations as it deems necessary and proper for the connection of
properties to the Mill Valley Sewer System and for the use, maintenance
and operation of the Mill Valley Sewer System and all such rules and
regulations shall be and become a part of this Part 8.
For all ordinances or resolutions or parts of
ordinances or resolutions, insofar as they are inconsistent herewith,
the more stringent ordinance or resolution shall apply.
This Part 8 and any rules and regulations hereunder
shall become effective immediately and shall be applicable to all
properties within the Mill Valley Sewer District. The Township reserves
the right to make such changes, from time to time, as in its opinion
may be desirable or beneficial and to amend this Part 8 or to change
the fees in such manner and at such times as, in its opinion, may
be advisable.
