[Adopted 12-14-1981 by Ord. No. 1981-10]
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
Newtown Township, Delaware County, Sewer Authority.
Any structure or store, office or other unit thereof 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.
Any structure or separate unit thereof intended to be used
wholly or in part for the manufacturing, fabricating, processing,
cleaning, laundering or assembly of any product, commodity or article.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
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.
Any separately deeded piece of ground upon which there exists
or can be erected a building.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
All facilities leased by the Township from the Authority
or by agreement with adjoining municipalities for the collection,
transportation, treatment and disposal of sanitary sewage. This shall
include any sewage facilities located in the area known as the "Valley
View Sewer District."
[Amended 11-25-1991 by Ord. No. 1991-9]
The Township of Newtown, Delaware County, Pennsylvania.
Aqua, Pennsylvania, Inc., or other private water company
distributing water in any part of the area served by the sewer system.
[Amended 3-11-2013 by Ord. No. 2013-02]
There is hereby imposed upon each property having a building
thereon, located within the Township and served by the sewer system,
sewer rents or charges at the rates and payable as hereafter provided
by resolution for the use, whether direct or indirect, of the sewer
system.
A.
Basis of sewer rent and rate. The annual sewer rents or charges required
hereunder shall be based upon the quantity of water supplied to each
private dwelling or living unit or industrial establishment or commercial
establishment, as the case may be, as evidenced by the applicable
water meter readings of the water company and/or the readings of water
meters installed pursuant to provisions of this article or, in certain
cases where only on-site water supplies exist, as determined by the
Township in accordance with provisions of this article. Such sewer
rents and charges shall be established by resolution.
B.
Minimum sewer rent. Regardless of the actual water consumption, a
minimum annual sewer rent for each private dwelling, living unit,
industrial establishment or commercial establishment shall be charged
as set forth by resolution.
C.
Sewer rent for multiple use properties. In each case of an assemblage
of two or more private dwellings or living units, commercial establishments
or industrial establishments, or any combination thereof, on one property
having the use of the sewer system, each such private dwelling or
living unit, commercial establishment and industrial establishment
shall be charged separately the above-prescribed sewer rents and charges.
If each such unit or establishment is not provided with an individual
water meter, the annual sewer rent for the assemblage shall be based
on the total water used by the assemblage, and the minimum sewer rent
chargeable to the assemblage shall be the minimum rent multiplied
by the number of individual dwelling or living units, commercial establishments
and industrial establishments thereon. In cases where multiple contiguous
dwelling units in common ownership are served by separately metered
public water supply, upon request of the property owner, the Township
shall group all water meter readings and all unit minimums together
to generate a single sewer rental charge.
[Amended 9-8-1986 by Ord. No. 1986-15]
A.
Properties having only water company service. In each case where
all the water used on a property is supplied by the water company,
the Township shall secure from the water company, by February 28 of
each year a statement of the total water consumption by each of its
customers connected to the sewer system for a period of 12 consequent
months as closely proximate in time to the prior calendar year as
meter readings of the water company shall permit. Reasonable compensation
shall be paid by the Township to the water company for supplying this
information.
B.
Properties having on-site water supply.
(1)
In each case where a single-family structure has only on-site water
supply, the sewer rents or charges for any calendar year shall be
in an amount equal to the average of the annual rents or charges incurred
in that calendar year by 100 other single-family structures connected
to the sewer system and receiving water only from the water company,
such structures to be chosen at random by the Township, who shall
average their rents for the purpose thereof.
(2)
In all cases other than single-family structures and in all cases with both on-site and water company water supply, a meter or meters shall be installed, as provided in § 130-12, to meter the quantity of the water supplied by the on-site source. The total amount of water consumed as shown by such meters and by the water company meter shall be used in computing the sewer rents or charges to be paid.
C.
Properties where part of the water supplied does not enter the sewer
system. Whenever water is used which is not discharged into the sewer
system and the quantity of water so used is measured by a meter approved
by the Township and installed and maintained without cost to the Township,
then readings from such meters shall be submitted to the Township,
on a form approved by the Township Manager, along with a legible photograph
of the meter reading, which is due by February 28 of each year. A
fee, which shall accompany the form, shall be established by resolution.
Using the information submitted, a credit shall be calculated and
applied to the property owner's account.
[Amended 3-11-2013 by Ord. No. 2013-02]
[Amended 3-11-2013 by Ord. No. 2013-02]
All meters or measuring devices used under the provisions of
this article, except those provided by the water company, shall be
furnished and installed by the property owner at the property owner's
expense. All such meters or measuring devices, except those provided
by the water company, shall be approved and shall be under the control
of the Township and may be tested, inspected or repaired by Township
employees whenever the Township shall deem necessary. The owner of
the property upon which any such meter or measuring device is installed
shall be responsible for its maintenance, inspection and safekeeping,
and all repairs thereto shall be made by the property owner, at the
property owner's expense, whether such repairs are made necessary
by ordinary wear and tear or other causes. A schematic drawing shall
be provided by the property owner to document for Township records
the physical location of the meter or measuring device. These devices
shall be available for inspection by Township employees at all times.
A.
Bills for sewer rents or charges for each calendar year shall be prepared and mailed by the Township as soon as possible after receipt of meter readings from the water company and shall be based on the previous year's total water consumption pursuant to § 130-11.
B.
If any property shall be connected to the sewer system after the
start of the calendar year, the bill for sewer rents or charges for
the next succeeding year shall be based on the actual water consumption
following connection projected over a full calendar year.
[Amended 3-11-2013 by Ord. No. 2013-02]
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 such bills are not paid within
30 days after the date they are mailed, but no earlier than June 30,
a penalty of 10% thereof shall be added. It shall be the duty of the
Township during and after the sixth month following the month in which
the bills were mailed to certify the unpaid bills to the Township
Solicitor, who shall proceed to collect such delinquent bills, together
with interest at 6% per year, 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 County Court of Common Pleas,
and such liens, together with interest, penalty and costs accrued
thereon, shall be filed and collected in accordance with law. All
persons connected to the sewer system shall give the Township their
correct address. Failure to receive bills shall not be considered
an excuse for nonpayment nor permit an extension of the period during
which bills are payable.
The funds received by the Township from the collection of the
connection charges imposed by the Authority and to be collectible
by the Township as its agent, 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 in
a separate fund to be designated "Sewer Revenue Account No. 2" and
shall be used only for the purposes 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 such sewer system,
with the Authority, in accordance with the provisions of the Act of
May 2, 1945, P.L. 382, as amended (53 P.S. § 301 et seq.[1]).
[1]
Editor's Note: Former 53 P.S. § 301 et seq. was
repealed 6-19-2001 (P.L. 287, No. 22). See now 53 Pa.C.S.A. § 5601
et seq.
The Township Manager is hereby charged with the duties of collecting
all sewer rents and charges and connection charges imposed by the
Authority. He is authorized to adopt such regulations with respect
to the subject covered in this article as may, in his discretion,
seem fit and proper. He 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 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.
