[Adopted 9-3-1975 by Ord. No. 6-1975]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
Willistown Township Municipal Authority, as presently or hereafter constituted, which has been created by the Board of Supervisors and to which has been referred by the Board of Supervisors the specific project of sewers.
BOARD
The group of elected officials acting as the governing body of the Township.
COMMERCIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable or public use, and which contains plumbing for kitchen, toilet or washing facilities. Hotels, motels, boardinghouses or rooming houses and institutional dormitories shall be included in this definition, but a private dwelling unit shall not be deemed to be a commercial establishment within this definition in whole or in part solely because of the maintenance or carrying on within the private dwelling unit of a home occupation, as the same is defined and permitted by the Willistown Township Zoning Ordinance of 1981, as amended.[1]
[Amended 9-13-1983 by Ord. No. 5-1983]
INDUSTRIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.
[Amended 9-13-1983 by Ord. No. 5-1983]
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes 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, as distinct from sanitary sewage.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property served directly or indirectly by the sewer system.
PERSON
Any individual, firm, company, association, society, corporation or group.
PRIVATE DWELLING UNIT
Any room, group of rooms, house trailer, structure, dwelling or enclosure intended to be occupied as separate living quarters by a family or other group of persons living together or by persons living alone, but excluding institutional dormitories. Each private dwelling unit in a double house, row house or connecting houses in a trailer park or in an apartment or condominium or cooperative development will be billed as a separate entity.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments.
SEWER SYSTEM
All temporary and permanent facilities at any time, and from time to time, owned by the Authority or leased to and operated by the Township and used or usable for, or in connection with, the collection of wastewaters.
TOWNSHIP
The Township of Willistown, Chester County, Pennsylvania.
[1]
Editor's Note: See Ch. 139, Zoning.
[Amended 12-9-2002 by Ord. No. 9-2002; 4-9-2007 by Ord. No. 4-2007; 3-24-2008 by Ord. No. 1-2008; 4-13-2009 by Ord. No. 3-2009]
There is hereby imposed upon each owner of each property served by the sewer system and having the use thereof a quarterly sewer rent or charge, payable as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based on the schedules of classification and rates or charges hereinafter set forth.
[1]
Editor's Note: See also Ch. 78, Art. II, Sewer Rental Fees.
[Amended 3-11-1980 by Ord. No. 1-1980; 3-24-1981 by Ord. No. 1-1981; 9-13-1983 by Ord. No. 5-1983; 12-23-1991 by Ord. No. 8-1991; 6-26-2000 by Ord. No. 3-2000; 12-9-2002 by Ord. No. 9-2002]
A. 
The sewer rental or charge imposed hereby upon the owner of each property served by the sewer system shall be established per unit by resolution of the Board of Supervisors, according to the following schedule:
[Amended 4-13-2009 by Ord. No. 3-2009]
Unit Schedule for Sewer Rental
Category
Units
Each private dwelling unit
1
Each commercial establishment or industrial establishment shall be assigned a unit or units or portions thereof for the purposes of this article according to water usage according to the following schedule:
Amount of Water Consumed on a Daily Basis (gallons)
Less than 390
1 1/2
390 or more but not more than 520
2
520 or more but not more than 650
2 1/2
650 or more but not more than 780
3
780 or more but not more than 910
3 1/2
For each additional 130 per day or fraction thereof
1/2
B. 
If a structure contains one or more private dwelling units, but shall also be within the definition of commercial establishment and/or industrial establishment as set forth in this article, or if a single structure shall be within the definition of commercial establishment and also within the definition of industrial establishment, then, and in such event, each private dwelling unit shall be billed and charged separately, as otherwise provided in this article, and the commercial and/or industrial portions of the structure shall be combined and charged as a single unit on the basis as set forth above for commercial establishments and industrial establishments.
C. 
If two or more private dwelling units or commercial or industrial establishments are connected through a single lateral, or if two or more families use separate cooking and/or toilet facilities in a single dwelling, or if two or more types of use are made of the same property, the sewer rent payable under the foregoing schedule shall be computed as though each such unit and establishment and each such family and each such type of use were a separate property or use with a separate connection to the sewer.
D. 
In the event that the Township is not provided, upon request, with accurate information, including supporting documentation, to determine the amount of water used or such data as may be necessary to determine a user classification or rate, the Township's estimate or determination thereof shall be conclusive.
E. 
The Township reserves the right to change unit values from time to time, to add or delete property classifications and, in cases of dispute, to determine the proper classification of a given property.
[1]
Editor's Note: See also Ch. 78, Art. II, Sewer Rental Fees.
[1]
Editor's Note: Former § 105-11, Imposition of maintenance charges for low pressure sewer systems, added 7-19-2004 by Ord. No. 7-2004, as amended, was repealed 3-11-2024 by Ord. No. 1-2024.
No person shall discharge into the sewer system any roof water, surface or underground drainage water, stormwater or any exhaust steam or any oils, tar, grease, gas, benzine or other combustible gases or liquids, or any garbage (unless treated in an approved manner), offal, insoluble solids or other dangerous or harmful substances which would adversely affect the functioning of the sewer system or the processes of sewage treatment.
When directed by the Township, industrial establishments shall install, pay for and maintain a manhole and other devices as may be approved by the Township to facilitate observation, measurement and sampling of industrial wastes discharged to the sewer system. The Township or its duly authorized representative shall, at all reasonable times, be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring and sampling industrial wastes discharged to the sewer system. The owner of any industrial establishment that desires to connect to the sewer system or which is connected to the sewer system and plans to change its operations so as to materially alter the characteristics and volumes of industrial wastes discharged thereto shall notify the Township, in writing, at least 10 days before making such connection or changing its operations.
The Township representatives shall have access at all reasonable times to water and any other meters used for establishing or determining water consumption, water excluded from the sewer system and/or wastes discharged into the sewer system.
[Amended 12-9-2002 by Ord. No. 9-2002]
If the use or classification of any property should change within any calendar year, the difference in sewer rental, if any, prorated on a monthly basis to the end of the then current biannual billing period, will be charged or credited, as the case may be, on the bill for the succeeding billing period. Additional classifications and additional sewer rentals may be established by the Township from time to time.
[Amended 9-13-1983 by Ord. No. 5-1983; 8-23-2004 by Ord. No. 8-2004; 4-9-2007 by Ord. No. 4-2007; 5-26-2009 by Ord. No. 4-2009]
A. 
Private dwelling units.
[Amended 3-11-2024 by Ord. No. 1-2024]
(1) 
Sewer rents imposed for private dwelling units shall include a base rate and may include a consumption charge as established by resolution and shall be payable quarterly. Any sewer rent imposed may be payable via cash, check, major credit card or bank debit card that the Township may deem acceptable or by electronic payment. Rent for any billing period in which a connection is made shall be prorated and shall be billed in conjunction with the next regular billing or by special billing as the officials responsible for billing may elect.
(2) 
Consumption charges shall be based upon the quantity of water used as evidenced by quarterly statements provided by the officials responsible for billing water consumption during the immediately preceding quarter. Property owners of private dwelling units not connected to the public water supply system shall install a Township-approved water meter to the private dwelling unit's water supply and allow access to the meter pursuant to § 105-15 of this article for issuance of a quarterly consumption statement. The installation of the water meter shall be inspected by the Township, and the property owners are solely responsible for maintenance, repairs, and replacement of the water meter. In the event a property owner refuses or fails to install a Township-approved water meter to their private dwelling unit's water supply or allow access to the water meter, the Township may charge the property owner a flat consumption charge, as set by resolution. The Township may establish a fee schedule for the installation process of the water meters by resolution. Quarterly statements shall show the water consumption during the immediately preceding billing period or, if such a determination is not available, then upon water consumption for the next preceding period for which such determination is available. The determination may be based upon actual water consumption for less than an entire billing period. In the event of a discrepancy between the amount billed and the actual water consumption, an adjustment shall be made, which adjustment may be billed in conjunction with the next regular billing or by special billing, as the officials responsible for billing may elect.
B. 
Commercial and industrial establishments.
(1) 
Sewer rents imposed for commercial and industrial establishments shall include a base rate and a consumption charge as established by resolution and shall be payable quarterly. Any sewer rent imposed may be payable via cash, check, major credit card or bank debit card that the Township may deem acceptable or by electronic payment. Rent for any billing period in which a connection is made shall be prorated and shall be billed in conjunction with the next regular billing or by special billing as the officials responsible for billing may elect.
(2) 
Consumption charges shall be based upon a determination by the officials responsible for billing of water consumption during the immediately preceding billing period or, if such a determination is not available, then upon water consumption for the next preceding period for which such determination is available. The determination may be based upon actual water consumption for less than an entire billing period. In the event of a discrepancy between the amount billed and the actual water consumption, an adjustment shall be made, which adjustment may be billed in conjunction with the next regular billing or by special billing, as the officials responsible for billing may elect.
A. 
The charges for sewer rental and maintenance service shall be subject to a penalty of 5% if not paid on or before the 30th day after the billing date. If not paid within 120 days after the date of the bill, the Township shall have the right to cut off sewer service from the delinquent premises and not to restore the same until all delinquent bills against the same and the cost of cutting off and restoring service shall have been paid.
[Amended 8-22-1978 by Ord. No. 1-1978; 3-23-2009 by Ord. No. 2-2009; 4-13-2009 by Ord. No. 3-2009]
B. 
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 at face.
C. 
Payments made, as evidenced by the United States Post Office mark, on or previous to the end of the period during which the bills are payable at face, will be deemed to be a payment within such period.
D. 
All sewer charges, together with all penalties and fees thereon, not paid on or before the 30th day after the billing date shall be deemed to be delinquent. It shall be the duty of the Township to proceed to collect such delinquent charges, together with penalties, fees, 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, costs, and interest accrued thereon, including attorneys' fees, shall be filed and collected in accordance with the law. Interest in the amount of 10% per annum shall begin to accrue on the date of the filing of a lien.
[Amended 7-26-1994 by Ord. No. 3-1994; 3-23-2009 by Ord. No. 2-2009; 4-13-2009 by Ord. No. 3-2009]
The funds received by the Township from the collection of the sewer rentals and charges and all penalties and interest thereon, as herein provided for, shall be segregated and kept separate and apart, except for purposes of investment, from all other funds of the Township and shall be used only for the purpose of defraying the expenses of the Township in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such sewer system and for such payments as the Township may be required to make to the Valley Forge Sewer Authority or to the Tredyffrin Township Municipal Authority in connection with transportation and treatment service or under any lease or agreement it may enter into in connection with the financing of the sewer system pursuant to the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1] Such funds, however, may be invested in common with other Township funds pending the use thereof for the purposes above specified, provided that the amounts of such funds and the income therefrom can at all times be traced and determined.
[1]
Editor's Note: See now 53 Pa. C.S.A. § 5601.
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 use and operation of the sewer system, and all such rules and regulations shall be and become a part of this article.
This article and any rules and regulations hereunder shall become effective immediately and shall be applicable to all properties as soon as they respectively become connected with and have the right to use the sewer system. 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 article or to change the rates or charges in such manner and at such times as, in its opinion, may be advisable.