The Board of Supervisors has determined that the state-mandated
allocation to and reservation by developers of sanitary sewer system
capacity for future use creates an unreasonable and inequitable economic
burden upon the Township and the existing users of the system. Until
such time as subdividers and land developers choose to make use of
such reserved sewer capacity, the Township and ultimately the existing
users of the system are required to amortize the cost of the reserved
facilities. Moreover, such reserved capacity remains unavailable to
other persons who may have immediate need of the same. It is, therefore,
deemed to be in the public interest of the Township, the existing
users of the sanitary sewer system and potential users without reserves
capacity that developers desiring or required to reserve sanitary
sewer system capacity pay a charge designed and calculated to amortize
the cost of that portion of the system allocated to and reserved by
them. The purpose of this article is to provide for the imposition
and collection of such charge to be known as "Reserve Rental Due to
Fixed Charges."
This article shall apply to that portion of the sanitary sewer
system of West Manchester Township from which sewage will be discharged
into and treated at the Dover Township Wastewater Treatment Plant.
As used in this article, the following terms shall have the
meanings indicated:
DER PERMIT
The permit which is required by the Department of Environmental
Resources of the Commonwealth of Pennsylvania for the construction
of a new sanitary sewer system or the extension of an existing sanitary
sewer system.
DEVELOPER
Any landowner who makes, causes to be made or proposes to
make (as evidenced by submission) a subdivision of land or a land
development.
EDU (EQUIVALENT DWELLING UNIT)
Any room, group of rooms, house, trailer or other structure
or enclosure occupied or intended for occupancy as separate living
quarters by a family or persons living together or by persons living
alone. The volume of sanitary sewage generated by one "EDU" is stated
to be 350 gallons per day, average.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A.
A group of two or more buildings;
B.
The division or allocation of land or space between or among
two or more existing or prospective occupants by means of or for the
purpose of streets, common areas, leaseholds, condominiums, building
groups or other features; or
C.
Any other project requiring the approval of the Board of Supervisors
of the Township pursuant to any act or ordinance.
LAND PLANNING MODULE
The modules required by the Pennsylvania Department of Environmental
Resources under Act 537, the Pennsylvania Sewage Facilities Act.
PERSON
Any individual or group of individuals, partnership, joint
venture, public or private corporation or any other entity of any
nature.
RESERVED CAPACITY
The sewage volume capacity allocated to and reserved by a
developer.
RESIDENTIAL SUBDIVISION
A subdivision of land into lots intended for conveyance to
persons for single-family dwelling sites.
SANITARY SEWAGE SYSTEM
All sanitary sewers, all pumping stations, all force mains,
all sewage treatment works and all other sewage facilities owned by
or leased to and operated by the Township for the collection, transportation
and treatment of sanitary sewage and industrial wastes, together with
their appurtenances, and any additions, extensions or improvements
thereto. Said term shall also include sewers within the Township which
serve one or more properties discharging into the public "sanitary
sewage system" even though such sewers may not have been constructed
by the Township and are not owned or maintained by the Township.
SUBDIVISION
The division of a single lot, tract or parcel of land or
part thereof into two or more lots, tracts or parcels of land, including
changes in street lines or lot lines for the purposes, whether immediate
or future, of improvement and development.
TOWNSHIP
The Township of West Manchester, York County, Pennsylvania.
The reserve rental charge for reserved capacity shall be as
follows:
A. Residential subdivision: $19 per quarter for each proposed EDU.
B. All other subdivisions, land developments and projects: $54.28 per
quarter for each 1,000 gallons of projected daily sewage flow.
Quarter-annually, after completion of each quarterly billing
period, a developer who has reserved sewer capacity may apply to the
Township to have the reserve capacity and quarterly rental charges
adjusted to reflect capacity utilized by connection to the sanitary
sewage system during the preceding quarter. Said adjustments shall
be as follows:
A. Residential subdivisions. For each EDU connected to the system during
such quarter, the developer's reserve capacity shall be reduced by
one EDU, and the quarterly rental charge for the current quarter shall
be reduced to reflect each EDU so connected.
B. All other subdivisions, land developments and projects. For each
1,000 gallons of average daily flow connected to the system during
such quarter, determined from the last quarter of measured water consumption,
the developer's reserve capacity shall be reduced by 1,000 gallons,
and the quarterly rental charge for the current quarter shall be reduced
to reflect each one-thousand-gallon unit so connected.
A developer may, at any time, upon written application to the
Township, cancel all or any portion of the reserve capacity allocated
to and reserved by him. Such cancellation shall be effective as of
the date of the next billing quarter, provided that the application
shall have been made at least 30 days prior thereto.
All revenues received by the Township from the quarterly rental
charges imposed by this article shall be segregated by accounting
practices from all other revenues of the Township and shall be deposited
in the Sewer Revenue Fund. Said revenues shall be used for the sanitary
sewer system as authorized in the lease agreement between the Township
and the Shiloh Sewer Authority dated as of July 1, 1973, and amendments
thereto.
To the extent that land was ripe for subdivision or land development
as of January 1, 1977, the rental due to fixed charges to reserve
sewer capacity shall be retroactive to January 1, 1977. It is the
intent of this section that those developers who own land ripe for
subdivision or land development but do not choose immediately to reserve
sewer capacity do not enjoy any financial advantage over those developers
who reserve sewer capacity immediately upon enactment of this article.
The retroactive charges shall not apply to single building lots in
existence on January 1, 1977.
This article shall be effective five days after enactment, except
that the quarterly rental charges shall not commence until the quarter
beginning January 1, 1977; and this article shall apply only to that
portion of the Township's sanitary sewer system where sewage will
be treated at the Dover Township Wastewater Treatment Plant.