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Township of Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[Adopted 8-12-1996 by Ord. No. 96-02]
[1]
Editor's Note: These regulations are applicable to the DARA service area.
This article shall apply to sewer connections to the system of pipes and facilities operated by the Township of Uwchlan, Chester County, Pennsylvania (the "Township") for the collection, conveyance, treatment and disposal of sanitary sewage which is delivered to the Downingtown Regional Water Pollution Control Center (the "sewer system"). The term "sanitary sewage" as used in this article shall mean the normal waterborne waste from a household, and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments.
Sanitary sewage transmission and treatment capacity in the sewer system shall be reserved only in accordance with the following rules and regulations:
A. 
Payment of tapping fees to reserve capacity.
(1) 
No sanitary sewage transmission or treatment capacity shall be reserved for a developer or landowner or in connection with a development unless the applicable tapping fees as may be established from time to time by resolution of the Uwchlan Township Municipal Authority (the "Authority") pursuant to 53 Pa.C.S.A. § 5601 et seq., as amended, have been paid in full.
(2) 
A developer or landowner with subdivision or land development plans, whether preliminary or final, approved prior to the effective date of this article may reserve sanitary sewage transmission and treatment capacity for any future construction or development under the plans by paying the applicable tapping fee, as described in Subsection A(1) above; however, nothing set forth in this article shall be applied to affect adversely the right of a developer or landowner pursuant to Section 508(4)(ii) of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10508(4)(ii) to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
(3) 
No building permit for a building(s) depicted on a subdivision or land development plan approved prior to the effective date of this article shall be issued unless at the time of application therefor, adequate sanitary sewage transmission and treatment capacity has been reserved to serve the use(s) proposed for the said building(s).
(4) 
The reservation of capacity shall be deemed effective upon payment to and acceptance by the Township of the appropriate fees. The date of acceptance of the fees by the Township shall be deemed the "reservation date".
(5) 
The use of the reserved capacity in the sewer system is subject to any ban or prohibition on connections imposed by any governmental authority or agency, or by operation of law.
B. 
Payment of minimum sewer rates.
(1) 
Unless timely connection is made to the sewer system within six months of the reservation date, sanitary sewage transmission and treatment capacity in the sewer system shall be reserved for those uses on the basis of which the tapping fee was calculated only for that period commencing six months after the reservation date during which the minimum periodic sewer rate is timely paid as billed by the Township for each such use.
(2) 
On the 30th consecutive day on which minimum sewer rates have been billed and are due and owing but have not been paid, the reservation of sanitary sewage transmission and treatment capacity shall be automatically revoked and deemed forfeited with the identical effect as if the same had never been reserved. On revocation, the developer or landowner shall be entitled to a refund of all or a portion of the tapping fees paid for a period of up to five years according to the following percentages:
(a) 
From the reservation date up to and including the first anniversary of the reservation date, 100% of the tapping fee;
(b) 
From the first anniversary of the reservation date up to and including the second anniversary of the reservation date, 80% of the tapping fee;
(c) 
From the second anniversary of the reservation date up to and including the third anniversary of the reservation date, 60% of the tapping fee;
(d) 
From the third anniversary of the reservation date up to and including the fourth anniversary of the reservation date, 40% of the tapping fee;
(e) 
From the fourth anniversary of the reservation date up to and including the fifth anniversary of the reservation date, 20% of the tapping fee; and
(f) 
After the fifth anniversary of the reservation date, no refund of the tapping fee.
(3) 
On revocation of the reserved sanitary sewage transmission and treatment capacity as described in the preceding Subsection B(2) above, the Township shall inform the Commonwealth of Pennsylvania, Department of Environmental Protection (the "DEP") of this revocation by a notice in the form appended hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
(4) 
Neither the Township nor the Authority shall have any reimbursement or refund obligation whatsoever to a developer or landowner for any sewer rental fees paid by the developer or landowner to preserve a reservation of sanitary sewage transmission and treatment capacity.
C. 
Approval of subdivision and land development plans. No subdivision and/or land development plan shall be finally approved or released for recording unless the same prominently displays the following textual note:
No building permit for a building(s) depicted in this plan shall be issued unless at the time of application therefor, adequate sanitary sewage transmission and treatment capacity has been reserved and is available to serve the use(s) proposed for the said building(s).
D. 
Approval of sewage planning modules. No planning module shall be certified by the Township or the Authority to the DEP unless the same prominently displays the following textual note:
[Amended 12-14-2021 by Ord. No. 2021-05]
Sanitary sewage transmission and treatment capacity is hereby certified as available to serve the development described herein only during such period as the said capacity shall be reserved by the developer in conformity with the procedure described in Uwchlan Township Ordinance No. 96-02, the operative text of which is appended hereto and incorporated herein by reference as if the same were here reprinted at length. The landowner and developer, by executing this application hereby consents to the revocation of the reservation of sewage transmission and treatment capacity in the event of failure to comply with the requirements specified in Ordinance No. 96-02. Landowner and developer hereby acknowledge and stipulate that their consent to such revocation is a material inducement and that the Township would not have certified the availability of such capacity in the absence of such consent.
No developer or landowner shall be permitted to sell or transfer any capacity reserved to a parcel of land by the developer or landowner to another parcel of land whether owned by the developer or landowner or by a third party.