Township of Westtown, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 11-11-1986 by Ord. No. 86-7]
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
COMMERCIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the purpose of carrying on a trade, business or profession or for social, amusement, religious, education, charitable or public use.
INDUSTRIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembling of any product, commodity or article.
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.
PRIVATE DWELLING OR LIVING UNIT
Any structure intended to be occupied as a whole by one family or an apartment intended to be occupied by one family or any other one-family living unit.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions and commercial and industrial establishments.
SEWER COLLECTION AGENT
The person charged by the Board of Supervisors with the duties of collecting all sewer user fees and penalty charges imposed by the Township and such other duties as may be prescribed by this article.
[Amended 1-4-1993 by Ord. No. 93-1]
SEWER SYSTEM
All facilities owned and operated by the Township for the collection, transportation, treatment or disposal of sanitary sewage.
TOWNSHIP
Westtown Township, Chester County, Pennsylvania.
[Last amended 12-15-1998 by Ord. No. 97-7]
A. 
There is hereby imposed upon each property located within the Township and served by the sewer system quarterly sewer rents or charges at the rates and payable as hereinafter provided for the use, whether direct or indirect, of the sewer system.
B. 
Creation of sewer districts.
(1) 
There are hereby created five sewer subdistricts in Westtown Township, pursuant to 53 P.S. § 67507. Those districts shall be designated as follows:
[Amended 8-6-2001 by Ord. No. 2001-5; 7-3-2006 by Ord. No. 2006-2]
(a) 
West Goshen District, comprised of the following subdistricts:
[1] 
Sewer District I: The district composed of that area of the Township known as Wedgewood/Westtown Park, and associated areas, as depicted on the Westtown Township Sewer District Map.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
[2] 
Sewer District II: The district composed of those areas of the Township known as Coventry Village, High Point, Cobblefield, Westmount Woods, Pleasant Grove, Jefferson at Westtown, Enclave at Pleasant Wood, and associated areas, as depicted on the Westtown Township Sewer District Map.
[3] 
Sewer District III: The district composed of those areas of the Township known as Westwood and Kerwood Drives and East Pleasant Grove Road, and associated areas, as depicted on the Westtown Township Sewer District Map.
[4] 
Sewer District IV: The district composed of that area of the Township west of Wilmington Pike, north of Pleasant Grove Road, south of Cheyney Drive including Tax Parcels 67-4-20, 67-4-21, and those parcels resulting from the Greenstone Subdivision (formerly Tax Parcels 67-4-23 and 67-4-23.1).
(b) 
Westtown Chester Creek District: The district comprised of the all properties east of the West Goshen District boundary line as depicted on the Westtown Sewer District Map.
(2) 
Sewer rental rates for each sewer district in the Township shall be as set forth in § 132-3 of this article.
C. 
There is hereby adopted by the Board of Supervisors the Westtown Township Sewer District Map which shall depict the geographic limits of each sewer district of the Township, which map shall be amended from time to time as new sewer districts are added.
D. 
The effective date of the creation of the sewer districts established hereby and the imposition of the rates charged in each district shall be January 5, 1998.
[Last amended 12-15-2008 by Ord. No. 2008-3[1]; 9-7-2010 by Ord. No. 2010-3[2]; 12-17-2012 by Ord. No. 2012-6[3]; 12-17-2018 by Ord. No. 2018-03[4]]
Customer Classifications
Rental
A.
Each single-family dwelling:
(1)
West Goshen Sewer District:
(a)
Subdistrict 1
$205 per quarter
(b)
Subdistrict 2
$195 per quarter
(c)
Subdistrict 3
$205 per quarter
(d)
Subdistrict 4
$195 per quarter
(2)
Westtown Chester Creek District
$205 per quarter
B.
Each living unit in a multiple-occupancy building (See Subsection C):
(1)
West Goshen Districts
$195 per quarter
(2)
Westtown Chester Creek District
$205 per quarter
C.
Multiple use: In all sewer districts, in the case of a combination of one or more private dwelling or living units or with one or more commercial establishments in one building and each thereof having the use of the sewer system through one sewer connection, then each such private dwelling or living unit and each such commercial establishment shall be charged the applicable rates set forth above as though each thereof were in a separate structure and as though each thereof had a direct and separate connection to the sewer system.
D.
In all sewer districts, each church, per connection:
$205 per quarter
E.
In all sewer districts, each public or private school (based on the daily average number of pupils enrolled). Teachers and/or maintenance personnel shall be classified as pupils for sewer rental purposes. Enrollment will be calculated separately for months when school is not in session
$44 per pupil per year
F.
In all sewer districts, each automobile service station
$205 per quarter
G.
Multiple Use: In the case of a combination of one or more private dwelling or living units or with one or more commercial establishments in one building and each thereof having the use of the sewer system through one sewer connection, then each such private dwelling or living unit and each such commercial establishment shall be charged the applicable rates set forth above as though each thereof were in a separate structure and as though each thereof had a direct and separate connection to the sewer system.
H.
In all sewer districts, each public and private club swimming pool, regardless if in use only three months:
$205 per quarter
I.
In all sewer districts, each public and private pool club house:
$205 per quarter
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2009 for the amended rates. Subsequent amendments noted where applicable.
[2]
Editor’s Note: This ordinance also provided an effective date for the amended rates of 10-1-2010.
[3]
Editor’s Note: This ordinance also provided an effective date of 1-1-2013 for the amended rates.
[4]
Editor’s Note: This ordinance also provided an effective date of 1-1-2019 for the amended rates.
[Last amended 12-15-2008 by Ord. No. 2008-3[1]]
A. 
Sanitary sewage:
[Amended 12-17-2018 by Ord. No. 2018-03]
(1) 
In all sewer districts, the quarterly sewer rates or charges shall be based on the quantity of water used as evidenced by meter readings of water meters installed by the water supplier for the purpose of measuring water purchased from said water supplier and/or such other meters or measuring devices as may be installed pursuant to any provisions of this article and shall be subject to the minimum charge hereinafter provided, as follows:
(a) 
Quarterly metered flat rate: $9.91 per 1,000 gallons.
(2) 
Regardless of water consumption, the minimum quarterly charge for sanitary sewage for any use shall be the equivalent rate of a single family dwelling (EDU):
(a) 
Minimum metered flat rate: $205 per quarter
(3) 
Multiple use: In the case of a combination of one or more private dwelling or living units or with one or more commercial establishments in one building and each thereof having the use of the sewer system through one sewer connection, then each such private dwelling or living unit and each such commercial establishment shall be charged the applicable minimum metered flat rate set forth above as though each thereof were in a separate structure and as though each thereof had a direct and separate connection to the sewer system.
B. 
Industrial waste:
(1) 
In the event the Township consents to accept industrial waste into the sewer system, charges will be made for all waste having total suspended solids and biochemical oxygen demand in excess of the following concentrations:
(a) 
Suspended solids: 3 parts per million.
(b) 
BOD: 250 parts per million.
(2) 
The total charge for the total volume of waste having concentrations in excess of the foregoing shalt be determined in accordance with the following formula:
Total charge:
Q + (0.001 Q (BOD in pps -250) + (0.001 A (ss in ppm -300))
Where:
Q
=
Metered quantity charge
BOD
=
Biochemical oxygen demand
ss
=
Suspended solids
ppm
=
Part per million
[1]
Editor's Note: This ordinance also provided an effective date for the amended rates of 1-1-2009.
A. 
Methods of measuring volume.
(1) 
Whenever a person purchasing all water used from the water supplier discharges sanitary sewage and/or industrial waste into the sewer system, the volume of water used, as determined from meter readings made by or made available to the Township, shall be used in computing the sewer rentals.
(2) 
In cases where persons have sources of water supply in addition to or other than from the water supplier and discharge sanitary sewage and/or industrial waste into the sewer system, those persons may provide a meter on such additional or other sources of supply. The total amount of water used as shown by these meter readings will be used in computing the sewer rentals. If no such meter is installed, the Sewer Collection Agent shall estimate the total amount of water used for the purpose of determining the sewer rentals.
[Amended 1-4-1993 by Ord. No. 93-1]
(3) 
In cases where persons use water from the water supplier and/or from any other source such that all or any part of the water so used is not discharged into the sewer system, the quantity of water used to determine the sewer rentals shall be computed by one of the following methods:
(a) 
By placing a meter or measuring device on the sewer connection. The readings from this meter or measuring device shall be used in computing the sewer rentals.
(b) 
By placing a meter or measuring device on the effluent not discharging into the sewer system. The reading from this meter or measuring device will then be deducted from the total water meter readings and the remainder will be used in computing the sewer rentals.
(c) 
When, in the opinion of the Sewer Collection Agent, it is not desirable or not practical to install devices to continuously determine the quantity of water not discharged to the sewer system, the sewer manager will determine in such manner and by such method as he/she may prescribe the percentage of metered water discharged into the sewer system and the quantity of water used to compute the sewer rentals shall be the percentage so determined of the quality measured by the water meter or meters. Any dispute as to the estimated amount shall be submitted to the Township after notice of the estimate, whose decision on the matter shall be final for the current calendar year.
[Amended 1-4-1993 by Ord. No. 93-1]
B. 
Measuring devices. All meters or measuring devices not provided by the water supplier, but otherwise used under the provisions of this article, may be furnished and installed by the Township at the expense of the property owner and shall be owned by and under the control of the Township and may be tested, inspected or repaired by the Township employees whenever deemed necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made by the Township at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such installation and repairs shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed.
C. 
Meter reading. The Township shall be responsible for the reading of all meters or measuring devices, unless such readings are otherwise made available to the Township by the water supplier, and they shall be made available to Township employees for meter reading at any reasonable time.
The Township reserves the right to refuse connection to the sewer system or to disconnect a sewer or to compel pretreatment of industrial waste by an industrial establishment in order to prevent discharge to the sewer of industrial waste deemed to be harmful to the sewage collection system or sewage plant, or to have a deleterious effect on the sewage treatment or sludge handling processes, or which would cause a violation of any existing sewage treatment agreement of the Township.
[Amended 9-20-2004 by Ord. No. 2004-7]
A. 
No person shall discharge into the sewer system 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. This restriction shall be in addition to the discharge restrictions that appear in Article IV of this chapter.
[Amended 2-7-2005 by Ord. No. 2005-2]
B. 
Reporting. The owners and/or operators of a motor vehicle service station, automobile sales agency which provides services to vehicles, eating or drinking establishment and other commercial establishments which are required to install a grease, oil or sand interceptor or reclaimer and/or a hair trap must submit written verification to the Township that the grease, oil or sand interceptor or reclaimer was properly cleaned and emptied by a sewage waste hauler licensed in the Commonwealth of Pennsylvania at least once a month. Every month, the owners and operators shall send written notice to the Township which states the following: the name of the person or contractor who performed the cleaning of the grease, oil or sand interceptor or reclaimer and/or a hair trap; the date of cleaning; and the location where the material is disposed. The Township may conduct inspections of the interceptors, reclaimer and/or traps at any time after notice to the user and may require the user to submit additional reports or conduct tests more frequently than monthly at its own expense if the Township finds or suspects that the interceptor, reclaimer and/or trap has not been properly cleaned.
No person shall discharge into the sewer system any stormwater, surface drainage, ground drainage, roof runoff, subsurface drainage, sump pump discharge, drainage from tile fields, cooling water or unpolluted industrial process waters. All such discharges shall be made into such sewers as are specifically designated as storm sewers, if available, or to a natural outlet approved by the Westtown Township Engineer.
If use or classification of any property should change within any quarter, the difference in sewer rental, prorated on a monthly basis to the nearest calendar month, will be charged or credited, as the case may be, on the bill for the succeeding quarter. Additional classifications and additional sewer rentals may be established by the Township from time to time.
[Amended 12-15-1998 by Ord. No. 97-7]
A. 
The connection fees imposed and collected by the Township shall be payable upon application for permit to make such connection.
B. 
Sewer rentals or charges shall be paid quarterly and quarterly billings for sewer rentals shall be made by bills dated on the first days of January, April, July and October of each year for the quarterly calendar period immediately following the date of the bill.
C. 
The bills for sewer rentals under § 132-3 for the first quarter during which a property is connected will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.
[Amended 12-4-1989 by Ord. No. 89-4; 1-4-1993 by Ord. No. 93-1; 4-1-1996 by Ord. No. 96-2]
A. 
All bills shall be payable on the date received. All sewer rental charges billed and unpaid shall be a lien against the property serviced by the sewer system until paid. If said bills are not paid within 45 days after the date they are mailed, a charge of 5% per quarter on the total unpaid balance shall be added.
B. 
It shall be the duty of the Sewer Collection Agent during or after the fourth month following the month in which bills were mailed to certify the unpaid bills to the Township Solicitor who shall proceed to collect such delinquent sewer rentals, together with penalties and costs accrued thereon 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, shall be filed and collected in accordance with the law. A charge as set from time to time by resolution of the Board of Supervisors shall be imposed by the Township for filing and legal costs for each property liened.
C. 
The Township may authorize the Solicitor to proceed with the sheriff sale process for the liened property if the account is not paid in full within six months after the lien is filed. At this time filing and legal costs as set from time to time by resolution of the Board of Supervisors shall be added to the account.
D. 
All sewer rentals not paid within four months following the month in which bills were mailed shall be deemed to be delinquent. 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.
The funds received by the Township from the collection of the connection charges imposed by it from sewer rentals and charges and all penalties thereon, as herein provided for, any fines collected by the Township in connection with the sewer system and any other funds received in connection with the sewer system shall be segregated, earmarked and deposited in a separate fund, to be designated "sewer revenue account," and shall be used only for the purpose of defraying the expenses of the Township in the operation, maintenance and repair of the sewer system or other expenses in relation to such sewer system and for such payments as the Township may be required to make under any lease or agreement it may enter into for and of or in connection with said sewer system.
[Amended 1-4-1993 by Ord. No. 93-1]
The Township Sewer Collection Agent is hereby charged with the duties of collecting all user fees and penalty charges imposed by the Board of Supervisors. He/she shall also keep full, accurate and complete records of all sewer rentals or charges, bills, receipts, payments and transmittals of money to the Township.
The rates and any rules and regulations hereunder shall become effective on the date of their enactment and adoption respectively 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 add to or amend this article or change the rates or charges in such manner and at such times as in its opinion may be advisable.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.