[Adopted 2-8-2005 by Ord. No. 2005-03]
This article is adopted and enacted for the following purposes:
Unless the context specifically indicates otherwise, the meanings
of the terms used in this article shall be as follows:
Includes, as applicable, each of the following: a commercial
establishment, dwelling unit, industrial establishment, institutional
establishment, and mixed-use commercial unit.
Each single- or multiple-dwelling unit, household unit, flat
or apartment unit, store, shop, office, business, commercial or industrial
unit or family unit contained within any structure, erected and intended
for continuous or periodic habitation, occupancy or use by human beings
or animals, and from which structure sanitary sewage and industrial
wastes, or either thereof, is or may be discharged, located in the
Township.
Any room, group of rooms, buildings or enclosure occupied
by one person and used or intended for use in the operation of one
business enterprise for the sale and distribution of any product,
commodity, article or service or used or intended for use for any
social, amusement, religious, educational, charitable or public purpose
and containing plumbing facilities for kitchen, toilet or washing
facilities, but not including apartments or house trailer parks.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the edge of the street
abutting the property affected or, if no such lateral shall be provided,
then "lateral sewer" or "service connection" shall mean that portion
of or place in a sanitary sewer which is provided for the connection
of any service line.
Any improved property in which shall be located more than
one billing unit.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface water or groundwater.
Any person vested with ownership, legal or equitable, sole
or partial, of improved property.
Any individual, family, partnership, company, association,
corporation, trust, governmental body, political subdivision, other
governmental entity or other group or entity.
Any industrial waste that has been treated so that the resulting
discharge will meet all criteria for discharge into the sanitary sewer
system and will be capable of being treated at the West Bradford Township
Sewage Treatment Facility without detriment to the facility or its
operation and is in compliance with any DEP permits at the facility.
Normal water-carried household and toilet wastes from any
improved property.
A sewer which is part of the sewer system and which carries
sanitary sewage and/or treated industrial waste permitted to be discharged
into the sewer system.
The area of the Township from which sanitary sewage and pretreated
industrial waste is collected for treatment by the Township.
That part of the main house drain or sewer line extending
from a point outside the outer building wall or foundation wall to
its connection with the lateral sewer.
Sewer mains, lateral sewers from a sewer main to service
line or house connection, sewage ejector and/or pumping stations,
sewer force mains, and all appurtenant facilities operated by the
Township in furnishing sewage service.
Township of West Bradford, Chester County, Pennsylvania,
a second class township.
An engineer employed by the Township or an authorized member
of his staff.
Any poisonous substance, including, but not limited to, arsenic,
copper, cyanide, chromium, silver, cadmium, lead, nickel, mercury
and zinc ions, any phenolic bodies or radioactive isotopes.
A.
It shall be unlawful for any owner of property who is required to connect to the sewer system pursuant to Subsection B below to construct or maintain any privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle intended or used for the disposal of sewage within the Township, or, unless such discharge is pursuant to a permit issued by the Pennsylvania Department of Environmental Protection, to discharge or permit the discharge of any sanitary sewage or industrial waste into any natural outlet in the Township.
B.
Each owner of any building situate on property abutting on any street, alley or right-of-way in which there has been constructed a sanitary sewer and where any part of such building is within 150 feet of said sewer or is on a property that is less than one acre in size, regardless of the distance from the building to the sewer, and is accessible thereto, shall at his own expense install suitable sanitary facilities therein and connect such facilities directly with such sewer in accordance with the provisions of this article within 60 days after the date of official notice to do so given in the manner provided by law. In the event any such owner shall refuse or neglect to so connect within said sixty-day period, he shall be deemed to be in violation of this article and subject to all penalties prescribed under this article for any violation (See § 341-23.), and the proper officers of the Township or its agents may enter upon such property and construct such connections. In such case, the Township officer shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to such owner, which bill shall be payable forthwith. In case of neglect or refusal by such owner to pay said bill within 30 days thereafter, it shall be the duty of the Township officers to file municipal liens not later than six months after the completion of the connection. Notwithstanding the foregoing provisions, no owner of a building shall be required or permitted to connect such building to a sanitary sewer if the Township determines that connecting such building would result in an overloading of sewage treatment facilities.
C.
All connections to a sewer main shall be at a place designated by
the Township or its agents, and the connection shall be pursuant to
the tapping fee ordinance[1] of the Township and the rules and regulations of the Township.
No connection shall be covered until after it is inspected by the
Township or its agents. If any part of a connection is covered before
being so inspected and approved, it shall be uncovered for inspection
at the cost and expense of the owner of the building.
D.
No privy, privy vault, cesspool, sinkhole, septic tank or similar
receptacle shall be connected with the sewer system at any time. Each
privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle
shall be abandoned upon the making of connection to the sewer system
and, at the request of Township officers, shall be cleaned and filled
under its direction and supervision; and any such privy, privy vault,
cesspool, sinkhole, septic tank or similar receptacle not so abandoned
and, if required by the Township officers, cleaned and filled, shall
constitute a nuisance, and such nuisance shall be abated as provided
by law at the expense of the owner of the property.
E.
There is hereby reserved to the Township the right to refuse to any
person the privilege of connecting any building to the sewer system,
or to compel discontinuance of the use of any sewer by any person,
or to compel the pretreatment of industrial wastes, in order to prevent
discharge into the sewer system of wastes which may be deemed by the
Township or the Township Engineer, to be harmful to the sewer system
or to have a deleterious effect on sewage treatment processes or to
be injurious to personnel operating the sewer system.
F.
No sump pump, stormwater drain or condensate drainage shall be connected
with the sewer system at any time.
A.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or the sewer system without
first making application for and obtaining a permit, in writing, from
the Township.
B.
Application to the Township for a permit required under this section
shall be made by the owner of the property to be served, in such form
as may be prescribed by the Township. The application shall be accompanied
by the required connection charge, customer facilities fee, and tapping
fee (including reimbursement component, if any) imposed by this article.
C.
No person other than the Township or its agents shall make or cause
to be made the connection of any property with a lateral sewer until
such person has fulfilled each of the following conditions:
(1)
Such person shall have notified the Township of the desire and intention
to connect to a lateral sewer;
(2)
Such person shall apply for and obtain a permit as required by this
article; and
(3)
Such person shall have given the Township at least 24 hours' notice
of the time when such service line is to be connected and such connection
made so that the Township may inspect the service line, the work of
connection and perform necessary testing.
D.
Payment of the above-mentioned connection charge, customer facilities
fee, and tapping fee shall entitle the applicant to have one lateral
sewer installed to the curbline of his property, but in no case longer
than 24 feet, at the expense of the Township, including restoration.
All costs of constructing a longer lateral sewer to a service line
shall be borne by the owner of the property to be connected, and such
owner shall indemnify and save harmless the Township from all loss
or damage that may be occasioned, directly or indirectly, as a result
of the construction which the owner is required to perform. The costs
of construction of the service line shall be borne by the owner.
E.
Whenever the surface of any public street, sidewalk or cartway is
disturbed by the construction of a service line, it shall be the responsibility
of the applicant for a connection to obtain street opening permits
from the Township or highway occupancy permits from the Pennsylvania
Department of Transportation. Unless otherwise required, all surfacing
materials must be restored in kind, thickness and construction to
the satisfaction of the Township and of the Department of Transportation,
as the case may be.
A.
No person shall connect any improved property directly or indirectly
to any part of the sewer system without first making application for
and securing a permit pursuant to this article.
B.
A tapping fee is hereby imposed upon and shall be collected by the
Township from the owner of each improved property for the right to
use or continue to use the sewer system, whether such use shall be
direct or indirect, upon any of the following circumstances:
C.
Upon the issuance of a building permit for construction intended
to either: 1) create one or more dwelling units, commercial units,
industrial units or mixed-use commercial units on improved property,
which unit or units are in addition to the previously existing dwelling
units, commercial units, industrial units or mixed-use commercial
units on such improved property; or 2) convert a dwelling unit into
a mixed-use commercial unit, except that this section shall not apply
to the owner of a dwelling unit who conducts a commercial use therein
but does not employ any person not residing in the unit and does not
use any machinery or equipment which uses water or requires water
for cleanup purposes, which said use would result in higher discharges
into the sewer system.
D.
Whenever an owner either: 1) makes application for a zoning permit
or building permit to create one or more dwelling units, commercial
units, industrial units or mixed-use commercial units on improved
property, which unit or units are in addition to the previously existing
dwelling units, commercial units, industrial units or mixed-use commercial
units on such improved property; or 2) converts a dwelling unit into
a mixed-use commercial unit, except that this section shall not apply
to the owner of a dwelling unit who conducts a commercial use therein
but does not employ any person not residing in the unit and does not
use any machinery or equipment which uses water or requires water
for cleanup purposes, which said use would result in higher discharges
into the sewer system.
E.
When an existing commercial, industrial or mixed-use commercial unit
increases its discharge into the sewer system in the measured year
above its base year use or above the highest monthly average use in
any year subsequent to the base year, if higher than the base year
use.
F.
The tapping fee shall be set by resolution of the Board of Supervisors
of West Bradford Township from time to time as may be necessary for
the operation of the sewage treatment facility and as allowed by law.
G.
All tapping fees imposed hereunder shall be due and payable on the
following dates:
(1)
Upon the earlier of the date of making a new connection or the connection
of an additional unit, the date of obtaining a building permit, the
date of commencing use of a dwelling unit, commercial unit or industrial
unit which is in addition to the existing unit or units on an improved
property, or the date of making a physical connection of a dwelling
unit industrial unit or commercial unit to the sewer system.
(2)
With respect to an increase in an existing use:
(a)
Within 30 days of completion of a calendar year, which shall
become a measured year, in which a commercial unit, industrial unit
or mixed-use commercial unit increases its discharge into the sewer
system above its base year use; or
(b)
Within 30 days of completion after the end of a calendar year
in which a commercial unit, industrial unit or mixed-use commercial
unit increases its measured year use above the highest monthly average
number of EDUs used in a preceding year or estimated earlier and for
which a tapping fee was paid.
H.
The initial number of EDUs for purposes of the calculation of the tapping fee imposed pursuant to Subsection F shall be determined based upon an estimate of discharge into the sewer system furnished to the Township by the owner of an industrial, commercial or mixed-use commercial unit. The Township reserves the right to review the amount discharged from any such unit from time to time. In the event such review determines that the unit is discharging a greater amount than estimated, except as provided in Subsection G, the owner shall immediately pay to the Township the balance of the tapping fee remaining due, based upon actual flow.
(1)
Initial computations of EDUs for each unit on any improved property
shall be calculated with the following minimums.
|
Description of Improved Property
|
Unit of Measurement
|
Estimated EDUs
| |
|---|---|---|---|
|
Dwelling unit
|
Each unit
|
1
| |
|
Commercial establishment
|
1 to 15 employees
Each additional 15
|
1
1
| |
|
Hotel, motel or boardinghouse (not including restaurant facilities)
|
1 to 4 rooms
Each additional 4 rooms or
fraction thereof
|
1
1
| |
|
Restaurant, club, tavern or other retail food or drink establishment
|
1 to 50 customer seats
Each additional 50 seats
|
1
1
| |
|
Beauty or barber shop
|
First chair
Each additional chair
|
1
1
| |
|
School, day care
|
Per each 25 students, faculty and staff
|
1
| |
|
Church
|
Each
|
1
| |
|
Fire company
|
Each
|
1
| |
|
Community hall
|
Each
|
1
| |
|
Funeral home
|
Each
|
2
| |
|
Industrial establishment
|
Gallons equal to one dwelling unit as defined in "EDU"
|
1
|
(2)
The calculation of the number of EDUs for the conversion of a dwelling
unit into a mixed-use commercial unit shall be based on the minimums
set forth above for the type of commercial activity conducted on the
improved property.
I.
The connection rights represented by the payment of a tapping fee
shall be applicable only to the improved property defined in the permit
and shall not be transferable separate from the transfer of the improved
property. (Any unused connection right shall lapse if not used within
10 years from the date of issue.) No credit or refunds shall be issued
by the Township should excess EDUs exist on any improved property.
The tapping fee imposed hereunder shall be in addition to:
(1)
Any connection fee or customer facilities fee imposed by the Township;
and
(2)
Any rental or reservation of capacity fee imposed by the Township
by reason of the use or availability for use of the sewer system.
(3)
Failure to connect. The sewer rates and charges imposed by this article
are also imposed upon the owner of each improved property which is
required to connect to the sewer system pursuant to this article but
has failed to make such connection within the period specified in
such article. The effective date of each such charge shall be the
date upon which the owner becomes in violation of such article.
A.
General. Sewer rates and other charges are hereby imposed upon the
owner of each improved property which shall be connected or shall
be required to connect to the sewer system for use of the sewer system,
whether such use shall be direct or indirect, which sewer rates and
charges shall be payable as provided herein.
B.
Sewer rates for residential users. Sewer rates and charges shall
be set by the Board of Supervisors by resolution. The sewer rates
and charges shall be based upon the following calculations:
(1)
Multiple users. Each billing unit located in a multiple-unit structure
shall be billed as a separate entity and the foregoing sewer rates
and charges, as appropriate, shall be used in computing the sewer
rentals or charges applicable to each such billing unit as though
such billing unit were in a separate structure and had a direct and
separate connection to the sewer system.
(2)
Changes in flat rate classifications. If the use or classification
of any improved property shall change during any quarterly period,
the sewer rate and charge shall be adjusted by this Township by proration
on a monthly basis to the nearest calendar month, with a credit or
charge, as shall be appropriate under the circumstances, being made
on the statement for the next succeeding quarterly period.
C.
Sewer rates for other users. Sewer rates and charges shall be set
by the Board of Supervisors by resolution. The sewer rates and charges
shall be based upon the following calculations:
(1)
The sewer rates shall be calculated by using the number of EDUs assigned
to each facility and multiplying that times the rate established by
the Board of Supervisors for each EDU.
(2)
Except as otherwise provided below, where an owner is supplied with
water solely by a public water system, the usage component may be
determined from the water meter readings of such system. The charges
shall be based upon the volume of usage divided by the gallons per
EDU. Any portion of an EDU shall equate to the whole.
(3)
Where an owner has one or more sources of water supply in addition
to, or other than, that of a public water system, such owner shall
provide a meter on the sources of supply. This meter and its installation
shall be furnished by the owner and shall be available to Township
employees for meter reading at any time. The amount of water consumed
as shown by meter readings shall be the basis for the usage component.
(4)
Where the use of water by a commercial establishment, industrial
establishment or mixed-use commercial establishment is such that substantial
portions of the water so used is not discharged into the sewer system,
the quantity of water used to determine the usage component shall
be computed by one of the following methods:
(a)
Method No. 1. By placing the meter or measuring device on the
sewer connection. The reading from this meter or measuring device
shall be used in computing the usage component; or
(b)
Method No. 2. By placing the 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 reading, and the remainder shall be used in computing the usage
component.
(5)
When an owner can demonstrate that it is not practical to install meters or measuring devices to determine the usage component under Subsection C of this section, or where the Township determines that because of infiltration or other cause the amount of sanitary sewage or industrial waste discharged to the system exceeds the readings of the water meter, in either case the Township may determine, in such manner and by such methods as it may prescribe, the amount discharged into the sewer system, and the quantity so determined to be discharged shall be used to determine the usage component, which determination shall be final.
(6)
Measuring devices. All meters or other measuring devices not provided
by the public water system, but which may be used under the provisions
of this article, shall be furnished and installed by the owner and
shall be under the control of the Township and may be tested, inspected
or repaired by Township employees whenever necessary at the owner's
expense. The owner shall be responsible for its maintenance and safekeeping
and all repairs that are made necessary by ordinary wear and tear
or other causes. Bills for such repairs, if made by the Township,
shall be due and payable at the same time and collected in the same
manner as are the bills for sewer services, and such bills from and
after their due date shall constitute a lien upon the property upon
which such measuring device is installed. The Township shall have
the right to read all meters or measuring devices, and they shall
be available to Township employees for meter reading at any reasonable
time.
D.
Time and method of payment.
(1)
Sewer rates and charges imposed by this article and resolution of
the Board of Supervisors shall be payable quarterly.
(2)
All bills with respect to billing units shall be rendered each calendar
quarter during the months of January, April, July and October of each
year for service during and preceding quarter-annum.
(3)
Sewer rates and charges shall be due and payable five days after
mailing or delivery by or on behalf of this Township to the person
responsible for payment thereof. If sewer rates and charges are not
paid within 30 calendar days after the same become due and payable,
a ten-percent penalty shall be charged. Payment made or mailed and
postmarked on or before the last day of such thirty-calendar-day period
shall constitute payment within such period. If the end of such thirty-calendar-day
period shall fall on a legal holiday or on a Sunday, payment made
on or mailed and postmarked on the next succeeding business day which
is not a legal holiday shall constitute payment within such period.
Whenever service to any improved property shall begin or be required
to begin after the first day or shall terminate before the last day
of any quarterly billing period, sewer rates or charges for such period
shall be prorated equitably, if appropriate, for that portion of the
quarterly billing period during which such improved property was served
by the sewage system.
[Amended 5-10-2011 by Ord. No. 2011-02]
(4)
Every owner of an improved property which is connected to the sewer
system shall provide the Township with the correct mailing address
of such owner, and thereafter shall advise the Township promptly of
subsequent changes of such address. Failure of any person to receive
quarterly bills for sewer rates and charges shall not be considered
an excuse for nonpayment nor shall such failure result in an extension
of the period of time during which the net bill shall be payable.
The Township and the Township Engineer and other duly authorized
representatives or employees of the Township bearing proper credentials
and identification shall be permitted, at all reasonable times, to
enter upon any premises connected or about to be connected or required
to be connected to the sewer system for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article.
No person shall maliciously, willfully or negligently damage,
destroy, deface, block or otherwise tamper with any sewer or any other
structure or equipment which is part of the sewer system or discharge
any substance into the sewer system contrary to or in violation of
this article or in violation of any Township resolutions, rules or
regulations that, inter alia, prohibit discharge of certain wastes
into the sewer system.
A.
Any person who shall violate any provision of this article other than §§ 341-21 and 341-22 shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. (The notice to connect provided in § 341-17B above shall be deemed to be notice of a violation for purposes of determining and assessing penalties in the event the owner fails to connect within the time set forth in the notice.) The offender shall, within the period of time stated in such notice, permanently cease all violations. If no period of time is stated in the written notices, the violation shall permanently cease immediately.
B.
Any person who shall continue any violation beyond the time limit fixed as provided for in Subsection A shall be subject to a fine in an amount not exceeding $1,000 for each violation. A new and separate violation shall be deemed to have been committed for each day any violation continues beyond such time limit.[1]
C.
Any person who shall violate any provision of §§ 341-21 and 341-22 shall, upon summary conviction, be subject to a fine not to exceed $1,000 for each violation, together with costs of prosecution in each case. A new and separate violation shall be deemed to have been committed for each day any violation continues.[2]
D.
All fines and penalties imposed for violation of any provision of
this article shall be paid to the Treasurer of the Township for the
use of the Township. Default in payment of the fine and costs shall
make the defendant liable to imprisonment for a term not to exceed
90 days.[3]
E.
Any person violating any of the provisions of this article, in addition
to being liable for a fine and penalty, shall also be liable to the
Township for any expense, loss or damage occasioned by the Township
by reason of such violation.
A.
Filing of liens. Sewer rates, tapping fees and other charges imposed
by this article shall be a lien on the improved property connected
to or required to be connected to the sewer system, and any sewer
rates and other charges which are not paid within 60 days after the
quarterly billing date applicable to the improved property shall be
filed as a lien against such improved property, which lien shall be
filed and collected in the manner provided by law for the filing and
collecting of municipal liens.
B.
Segregation of sewer revenue. All money received by the Township
under this article from users shall be segregated and deposited in
a separate fund, to be called the "Sewer Revenue Fund."
Certain wastes prohibited:
A.
Wastes other than sanitary sewage shall not be discharged to the
sanitary sewage system unless that waste has been pretreated to a
standard that would allow it to be treated by the same method employed
by the Township system to treat sanitary waste.
B.
No discharge shall be made to the sewer system that would present
an imminent or substantive danger to the health or welfare of persons
or the environment, cause interference to the sewer system or cause
the Township to violate any condition of its water quality management
permit or other permit necessary to operate the sewage treatment facility.
A.
Harmful contributions.
(1)
The Township may suspend wastewater treatment service when such suspension
is necessary, in the opinion of the Township, in order to stop an
actual or threatened discharge which presents an imminent or substantial
endangerment to the health or welfare of persons or the environment,
causes interference to the sewer system or causes the Township to
violate any condition of its water quality management permit.
(2)
Any person notified of a suspension of wastewater treatment service
shall immediately stop or eliminate the discharge. In the event of
a failure of the person to comply voluntarily with the suspension
order, the Township shall take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or minimize
damage to the sewer system or endangerment to any individuals. The
Township shall reinstate the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. A detailed written
statement submitted by the user describing the causes of the harmful
discharge and the measures taken to prevent any future occurrence
shall be submitted to the Township within 15 days following the date
of occurrence.
B.
Revocation of permit.
(1)
Any user who violates the following conditions is subject to having
the connection permit of such owner revoked in accordance with the
procedures of this article and applicable law.
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of the discharge;
(b)
Failure of the user to report significant changes in operations
or wastewater constituents and characteristics;
(c)
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring; or
(d)
Violation of conditions of the permit.
(2)
If a permit is revoked, the Township may take any steps it deems
advisable, including severance of the sewer connection, to promote
compliance with this article.
C.
Legal action. If any person discharges sanitary sewage, industrial
wastes or other wastes into the sewer system contrary to the provisions
of this article or any order of the Township, the Township Solicitor
may commence an action for appropriate legal and/or equitable relief
in the Court of Common Pleas of Chester County.
D.
Other remedies. Nothing in this article shall be construed to limit
or deny the right of the Township or any other person to such equitable
or other remedies as may otherwise be available with or without process
of law, including payment of damages to the Township by any person
causing damage or injury to the sewer system. Any person who causes
harm or damage to the sewer system as a result of a violation of this
article shall be liable to the Township for the full costs of such
harm or damage.
