[Adopted 2-17-1998 by Ord. No. 1-1998]
As used in this article, the following terms shall have the meaning indicated:
DWELLING OR LIVING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping, kitchen, sleeping and lavatory facilities, intended for occupancy as a residence by only one family (including any domestic servants living or employed on the premises) with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other dwelling or living unit.
EQUIVALENT DWELLING UNIT or EDU
A standard unit of measure for which sewer tapping fees are charged and billed at the rates set forth in this article. For the purposes of this article, one EDU shall equal an average flow of 229.5 gallons per day.
[Amended 4-9-2007 by Ord. No. 4-2007]
PERSON
An individual, partnership, company, association, society, corporation or other group or entity.
SEWER SYSTEM
All facilities operated by the Township of Willistown for the collection and disposal of sanitary sewage and acceptable industrial wastes in and for Willistown Township.
SEWER TAPPING FEES or TAPPING FEES
Charges to be assessed against any person making a connection to the sewer system or changing the type of use of a property previously connected, on the basis of equivalent dwelling units served.
A. 
There is hereby fixed and imposed upon the owner of each property making any connection to the sewer system on or after the date hereof, directly or indirectly, including those changing the type of use of property previously connected or connecting one or more new uses through an existing connection, 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 minimum tapping fee of $2,155.80 per EDU of capacity required per use for connection.
[Amended 4-9-2007 by Ord. No. 4-2007]
B. 
The tapping fees represent initial tapping fees. The Township, from time to time following the completion of construction of a building, shall charge such supplemental tapping fee as is prescribed in this article.
C. 
The minimum tapping fee for any property or use shall be at a rate of one EDU. The tapping fee shall be determined by the Township's estimate of sewer usage for the relevant type of property or use (or most similar type of sewer use) in consultation with the Township Engineer. Any building, structure or use that contains more than one use or activity shall be charged a separate tapping fee for each use or activity based upon the above classifications.
A. 
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 indirectly to the sewer system through an existing lateral, so as to create or establish additional uses as classified in this article, an additional tapping fee in accordance with this article for each such additional use shall be payable by the owner of the property so improved to the Township.
B. 
The tapping fees imposed hereunder with respect to property connected shall be in addition to any connection fee or inspection charge imposed by the Township, and any rental 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.
Each person applying for a connection to the sewer system shall certify to the Township its proposed use or uses and its reasonably anticipated sewer usage for the property to be connected, on a form prescribed by the Township. 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 applicant's certification and to impose additional sewer tapping fees per additional EDU's or multiple or fraction thereof, in accordance with the above tapping fee schedule in conjunction with the additional capacity requirements of such person.
No commercial, institutional or industrial user shall increase its sewer usage beyond that 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 the effective date of this article, without first making application to the Township for such increased usage on a form prescribed by the Township and obtaining the written approval of the Township. All applicants shall pay to the Township such additional tapping fees per additional EDU's or multiple or fraction thereof, in accordance with the above tapping fee schedule in conjunction with the additional capacity requirements of such customer.
No tapping fees paid under this article for any distinct lot, parcel or property shall be transferable to any other lot, parcel or property.
Tapping fees shall be due and payable upon the Township's issuance of a permit for connection. No sewage conveyance or treatment capacity shall be reserved for any person unless the applicable tapping fees have been paid in full. For increased sewer use or a change in use, the additional tapping fees shall be due and payable at the time application is made or when imposed by the Township, as the case may be.
[Amended 4-13-2009 by Ord. No. 3-2009]
A. 
Sewer tapping fees shall be subject to a penalty of 5% if not paid on or before the 30th day after the billing date. 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 additional 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 fees, together with penalties, additional 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.
The provisions of this article shall be severable and if any section, paragraph, sentence, clause or phrase shall be declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this article. It is hereby declared that this article would have been adopted had such invalid provision not been included herein.