[Res. 02-13, 6/5/2002, § 1]
Shrewsbury Township has determined that in order to defray the
cost of constructing a collection system within the Keeney Sanitary
Sewer District and the Forest Lakes Sanitary Sewer District, the cost
to operate, maintain, and repair the collection system and to treat
the sewage effluent, it is necessary to impose sewer rentals to administer
the sewage disposal system in an equitable manner to all improved
properties within the Keeney Sanitary Sewer District and within the
Forest Lakes Sanitary Sewer District. The purpose of this Part 4B
is to impose and collect sewer fees.
[Res. 02-13, 6/5/2002, § II]
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.
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, educational, 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.
DWELLING
A building or structure constructed, erected, altered, designed,
used or intended for use, in whole or in part, for human habitation
excepting therefrom that part of the building occupied for the conduct
of a profession or business.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, and eating, whether
occupied or unoccupied.
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 350 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 350 gallons per
day average.
IMPROVED PROPERTY
Any property located within the Keeney Sanitary Sewer District
or within the Forest Lakes Sanitary Sewer District on which there
is located within 150 feet of a sewer main or lateral, a structure
intended for continuous or periodic habitation, occupancy or use by
human beings, irrespective of whether that use is for residential,
commercial or industrial purposes from which structure sanitary sewage
and/or industrial waste shall be or may be discharged into a sewer
system.
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 WASTE
Any solid, liquid, gaseous or water borne waste from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
OWNER
Any person vested with ownership legal or equitable, sole
or partial, of any improved property.
PERSON
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations, and other groups or entities,
public and private.
ROOMING HOUSE
Any dwelling or part thereof containing one or more rooming
units in which space is let to one or more persons. "Rooming house"
includes, but is not limited to, hotels, lodging house, convalescent
homes, boarding homes for the aged, foster homes and other similar
establishments.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for a living and sleeping combo but not
for cooking or eating purposes.
SANITARY SEWAGE
The normal water carried household and toilet waste from
residences, business buildings, institutions, and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or ground
water.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface
and ground water are not intentionally admitted.
SEWAGE
A combination of water-carried wastes from residences, business
buildings, institutions, and industrial and commercial establishments,
together with such ground, surface or stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage.
SEWER SYSTEM
All sanitary or combined sewers, all pumping stations, all
force mains, all sewage laterals, and all other sewage facilities
located within the Keeney Sanitary Sewer District and the Forest Lakes
Sanitary Sewer District which are designed and intended for the collection,
transportation and/or treatment of sanitary sewage and industrial
waste, together with their appurtenances, and any additions, extensions
or improvements thereto, irrespective of whether or not such facilities
are owned by Township.
TOWNSHIP
Shrewsbury Township, York County, Pennsylvania.
WATER COMPANY
Any publicly or privately owned duly authorized agency, corporation,
municipality or organization which is the approved purveyor of the
public water supply within the limits of the Keeney Sanitary Sewer
District or within the Forest Lakes Sanitary Sewer District.
[Res. 02-13, 6/5/2002, § III]
Sewer rentals or charges are imposed upon and shall be collected
from the owner or owners of each improved property located within
the Keeney Sanitary Sewer District and within the Forest Lakes Sanitary
Sewer District for use of the sewer system, whether such use shall
be direct or indirect, which sewer rentals or charges shall commence
and shall be effective as of the date of connection of each such improved
property to the sewer system or on April 1, 2002, whichever first
occurs and shall be payable as provided herein.
A. All Domestic Uses. Sewer rentals or charges for such uses for each
quarter beginning on or after April 1, 2002, shall be a flat quarterly
rate of $206.50 plus a further charge based upon actual water consumption
or actual discharge to the sewer system, whichever is greater, with
exceptions as hereinafter noted, in the amount of $2.15 per 1,000
gallons of water consumed or wastes discharged during the quarter
annum for which the billing is rendered for the first 7,500 gallons
consumed or discharged; $2.21 per 1,000 gallons of water consumed
or waste discharged during the quarter annum for which the billing
is rendered in excess of 7,500 gallons but less than 16,000 gallons,
and $2.28 per 1,000 gallons of water consumed or waste discharged
in excess of 16,000 gallons during the quarter annum for which the
billing is rendered.
B. Domestic Uses without Meters. Sewer rentals or charges for domestic
uses where there are no existing meters to measure actual water consumption
or discharge and where the Township considers metering impractical
shall be at a flat rate of $307.10 per quarterly billing period beginning
on or after April 1, 2002.
C. All Commercial Uses and Industrial Uses. Sewer rental charges for
such uses for each quarter beginning on or after April 1, 2002, shall
be a flat quarterly charge of $155 plus a further charge based upon
actual water consumption or actual discharge to the sewer system whichever
is greater, with exceptions hereinafter noted. All sewer rentals or
charges based upon water consumption or discharge to the sewer system
shall be computed upon the basis of $8.19 per 1,000 gallons for the
first 10,000 gallons of water consumed or wastes discharged during
the quarter annum period for which its billing is rendered, plus $9.68
per 1,000 gallons or part thereof in excess of the first 10,000 gallons
but less than 16,000 gallons plus $9.86 per 1,000 gallons or part
thereof in excess of 16,000 gallons; provided, however, that the minimum
sewer rental or charge shall be $155 plus $152.10 for a total of $307.10
per quarterly billing period.
D. There shall be deducted from the quarterly bill of the owner of each
improved property within the Keeney Sanitary Sewer District which
has paid to Township $6,920 representing that owner's share of the
cost of constructing the collection system in the Keeney Sanitary
Sewer District, the sum of $155 and from the quarterly bill of the
owner of each improved property within the Forest Lakes Sanitary Sewer
District which has paid to Township the sum of $7,455, representing
that owner's share of the cost of constructing the collector system
in the Forest Lakes Sanitary Sewer District, the sum of $155.
E. A separate sewer rental or charge shall be made for each separate
use made by an improved property in accordance with the above schedule
of rental rates and charges. In the case of apartment or commercial
uses, a separate sewer rental or charge shall be made for each apartment
or each commercial use.
F. The volume of water to be used for billing sewer rentals or charges
in those cases where water consumption is used as a basis of sewer
rentals or charges shall include any and all water purchased from
any water company and in addition all water obtained from any other
source (wells springs, streams, etc.) as determined:
(1)
By meters installed and maintained by any water company; or
(2)
By meters maintained and installed by the owner of the improved
property, as approved by the Township; or
(3)
From estimates or measurements made by the Township, where the
Township considers metering impractical.
G. Exclusion from the sewer system of non-contaminated waste waters
may be required by the Township or such exclusion may be optional
with the owner of the improved property if not required by the Township.
When such waters are so excluded, the sewer rentals or charges will
be based on total water consumed, less water excluded. Water excluded
may be determined from meters installed and maintained by the owner
of the improved property, as approved by the Township, from estimates
or measurements made by the Township, or the owner of the improved
property may elect to measure the volume of wastes actually discharged
to the sewer system as provided for below.
H. The owner or owners of each improved property used for apartment
or office commercial use or industrial use shall at the time of connecting
to a sewer system, pay for and install a meter approved by the Township
for measuring wastes discharged into the sewer system and shall thereafter
maintain such meter in good working order. In addition, the owner
or owners of an improved property used for domestic use may elect
to, or may be required by the Township to, pay for, install and maintain
such a meter. After installation of a meter, the sewer rentals or
charges shall be based on the actual quarterly volume of wastes discharged
into the sewer system in accordance with paragraphs .A and .C hereof.
I. The measurement by two or more meters of the quantity of water used
in or on one property by one owner or user may be combined and the
sewer rental or charge billed to said owner or user as though the
quantity of water was measured by one meter if the Township so elects.
J. In the event an owner or user obtains part or all of the water used
in or on a property from sources other than the water company, such
owner of user shall, after a written request from the Township, at
no expense to the Township, install and maintain a water meter or
meters satisfactory to the Township, for measuring all water used
other than that obtained from the water company, and the quantity
of water used to determine the sewer rental or charge shall be the
quantity of water measured by all such meters plus the quantity of
water obtained from the water company.
K. Any person requesting consideration for a reduction of the amount
of the sewer rental or charge because of water not entering the sewer
system shall make written application to the Township for such consideration,
giving the name of such person, his address and setting forth supporting
data fully describing other sources of water, if any, as well as the
disposition of water alleged not to be entering the sewer system.
The application shall be accompanied by a sketch to approximate scale
showing the plan of the property, the water distribution system, sewer
layout, existing meters, and proposed meters in the scheme to determine
the quantity of flow entering or not entering the sewer system. The
cost of furnishing, installing and maintaining any meters other than
those utilized to measure water purchased from the water company shall
be borne by the applicant. The type, size, location, arrangement and
maintenance of such meters shall be subject to the approval of the
Township.
L. Additional classifications and sewer rentals or charges or modifications
of sewer rentals or charges may be established by the Township from
time to time as deemed necessary. Nothing contained herein shall be
construed as prohibiting special agreements between the Township and
owners of improved properties connected to the sewer system under
conditions and circumstances making special agreements advisable and
necessary.
[Res. 02-13, 6/5/2002, § IV]
1. Sewer rentals or charges shall be payable quarterly. In the case
of an owner of an improved property whose quarterly bill for sewer
rentals or charges shall be computed in whole or in part upon the
basis of water volume, bills shall be rendered for each quarter annum
or other period covered by the meter reading promptly after the meters
are read. In the case of an owner of an improved property whose quarterly
bill for sewer rentals or charges shall be computed on any basis completely
independent of water volume usage, the quarterly billing date shall
be the first days of March, June, September and December respectively,
in each year, and to the extent practical, shall cover services furnished
during the three calendar months immediately preceding the billing
date.
2. Sewer rentals or charges shall be due and payable upon the applicable
billing date as provided in the preceding paragraph of this Section
and the appropriate amount computed in accordance with this Part 4B
shall constitute the net bill. If sewer rental or charges are not
paid within 15 calendar days after the same becomes due and payable,
the initial sum of 10% shall be added to such net bill, which net
bill plus such additional sum, shall constitute the gross bill. Payment
made or mailed and postmarked on or before the last day of such 15
calendar day period shall constitute payment within such period. If
the end of such 15 calendar day period shall fall on a legal holiday
or a Sunday, payment made or mailed and postmarked on the next succeeding
business day, which is not a legal holiday, shall constitute payment
within such period. Any person owning an improved property who fails
to pay any rental or charges within 30 days after same becomes due
and payable in addition to paying such interest charges and the aforesaid
additional 10% penalty, shall pay interest at the rate of 10% per
annum.
3. Whenever service to any improved property shall begin after the first day of any quarterly billing period, the obligation of any improved property to pay sewer rentals pursuant to §
18-113 of this Part 4B shall be prorated for that portion of the quarterly billing date during which such improved property was obligated to pay sewer rentals.
4. Every owner of an improved property initially shall provide the Township
with and thereafter shall keep the Township advised of its correct
address. Failure of any person to receive quarterly bills for sewer
rental or charges shall not be considered an excuse for nonpayment
nor should such failure result in an extension the period of time
during which the net bill shall be payable.
[Res. 02-13, 6/5/2002, § V]
The sewer rentals and other monthly charges shall be liens on
the improved property connected to or required to be connected to
and served by the sewer system and where such fees or charges are
not paid as provided herein, a 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
liens. In addition, the payment of said rentals and other monthly
charges imposed hereunder may be enforced by the Township in any manner
appropriate under existing laws at the time they become due and payable.
In addition to the aforesaid rentals and other monthly charges, the
owner of every improved property shall be liable for attorney fees
incurred on behalf of Shrewsbury Township in the collection or enforcement
of any delinquent account at the rates that may be established by
the Township pursuant to Act 1 of 1996.
[Res. 02-13, 6/5/2002, § VII]
This Part 4B shall be known as the "Shrewsbury Township Sewer
Rental Resolution."