West Manchester Township has determined, based upon a report
prepared by its consulting engineers, pursuant to Act 203 of 1990, that certain impact fees as prescribed by said Act must
be imposed in order to recover certain capital costs incurred in the
construction of the Bull Road Pumping Facilities and appurtenant facilities
and in order to provide for the recovery of certain costs associated
with the connection of additional users to the sewer system in order
to avoid the creation of an unreasonable and inequitable economic
burden upon the Township and the initial users of the sewer system.
It is, therefore, deemed to be in the public interest of the Township,
the initial users of the sewer system and the future users, that all
improved properties (excepting improved properties in Barrington Place
Developments Phases III and IV) hereafter connected to the Bull Road
Pumping Facilities of the sanitary sewer system pay certain fees as
provided in Act 203 of 1990 and as provided in this article. The purpose
of this article is to provide for the imposition and collection of
such fees.
When used in this article, the following words, terms and phrases
shall have prescribed to them the meanings hereafter set forth:
APARTMENT OR OFFICE USE
A building which is intended to be used for continuous or
periodic habitation by human beings and containing two or more family
dwelling units; or which contains business or professional offices
and one or more family dwelling units; or which contains business,
professional or any other similar type of office or offices.
BULL ROAD PUMPING FACILITIES
The sewer pumping facilities located at the intersection
of Kenneth Road and Roosevelt Avenue, West Manchester Township, York
County, Pennsylvania.
COMMERCIAL USE
An improved property which is intended to be used for the
purpose of carrying on a trade, business or profession or for social,
religious, educations, charitable or public uses.
DOMESTIC USE
An improved property which is intended to be used for continuous
or periodic habitation by human beings in a single-family unit.
EDU (EQUIVALENT DWELLING UNIT)
In the case of a domestic use, 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 by persons
living together or by persons living alone. The volume of sanitary
sewage generated by one EDU is stated to be 325 gallons per day average.
In the case of apartment or office uses, commercial uses, industrial
uses and all other uses, one EDU shall be equal to 325 gallons per
day average.
IMPROVED PROPERTY
Any property located within the area of the Township serviced
by the Bull Road Pumping Facilities upon which there is erected a
structure or structures intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
or structures sanitary sewage and/or industrial wastes shall be or
may be discharged; provided, however, that improved properties located
within Barrington Place Development Phases III and IV shall be exempt
from the provisions of this article.
INDUSTRIAL USE
An improved property which is intended to be used in whole
or in part for the manufacture, fabrication, processing, cleaning,
laundry, conversion or assembly of any product, commodity or article.
INDUSTRIAL WASTES
Any solid, liquid, gaseous or waterborne wastes from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
PERSON
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations and other groups or entities,
public and private.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or groundwater.
TAPPING FEE
The fee authorized by Act 203 of 1990 and which is required
to be paid upon the connection of any improved property to the Bull
Road Pumping Facilities operated by the Township.
TOWNSHIP
The Township of West Manchester, York County, Pennsylvania.
No person shall connect any improved property with any part of the sewer system serviced by the Bull Road Pumping Facilities without first making application, securing a permit therefor in writing from this Township and making payment of the fees in the amounts set forth in §
109-60 of this article. Such application shall be made on a form to be provided by this Township.
Whenever any improved property subject to the terms of this
article shall connect to the sanitary sewer system and shall pay the
tapping fee imposed by this article, the Township shall reimburse
to Orchard Hills Real Estate Inc., its successors and assigns, the
sum of $394.14 per EDU and shall reimburse to the West Manchester
Township Sewer Authority the sum of $101.17 per EDU. West Manchester
Township shall retain the sum of $26.07 per EDU as an administrative
fee. The obligation of the Township to reimburse Orchard Hills Real
Estate, Inc., and the West Manchester Township Sewer Authority shall
cease and terminate on September 8, 2007; provided, however, that
in no event shall West Manchester Township reimburse to Orchard Hills
Real Estate, Inc., or the West Manchester Sewer Authority an amount
in excess of the total costs to install the sanitary sewer facilities
serviced by the Bull Road Pumping Facilities and the Bull Road Pumping
Facilities itself.
The tapping fees imposed by this article shall be a lien on
the improved property connected to and served by the sewer system
where such fees or charges are not paid as provided herein, which
lien shall be filed in the Office of the Prothonotary of York County,
Pennsylvania, and shall be collected in the manner provided by law
for the filing and collection of municipal claims. In addition, the
payment of said fees imposed hereunder may be enforced by the Township
in any manner appropriate under existing laws at the time they become
due and payable.
Any person who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
This article shall be effective five days after enactment by
the Board of Supervisors of West Manchester Township and shall apply
to the portion of the sanitary sewer system serviced by the Bull Road
Pumping Facilities; provided, however, that improved properties in
the Barrington Place Development Phases III and IV shall not be subject
to the provisions of this article.