[Ord. 99-12, 5/25/1999, § I]
Shrewsbury Township has determined that in order to defray the
cost of such public sewer system in an equitable manner, it is necessary
to require that all improved properties within the Keeney Sanitary
Sewer District connect to such public sewer system and that consistent
with Act 203 of 1990, certain impact fees as prescribed by said Act
must be imposed in order to recover the capital cost incurred in the
purchase of capacity in New Freedom Borough sewage treatment plant
and in utilizing Shrewsbury Borough's collection system to transport
sewage to the treatment plant. Therefore, it is deemed to be in the
public interest of the Township that all improved properties in the
Keeney Sanitary Sewer District shall be connected to such public sewer
system and shall pay certain fees as provided in Act 203 and as provided
in this Part. The purpose of this Part is to require connection to
the public sewer system and to impose and collect such fees.
[Ord. 99-12, 5/25/1999, § II]
The fee charged by Shrewsbury Township to defray the legal
and administrative cost of making public sewer service available within
the Township and apportioning the cost of such service in an equitable
manner.
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.
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.
The fee authorized by Act 203 of 1990 and representing the
cost of the connection of the improved property extending from the
Township's sewer main to the property line or curb stop of such improved
property.
The fee authorized by Act 203 of 1990, and representing the
cost of the connection of the improved property from the property
line or curb stop to the existing or proposed dwelling or building
to be served.
An improved property which is intended to be used for continuous
or periodic habitation by human beings in a single family unit.
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.
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.
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 offices uses, commercial uses, industrial uses and
all other uses, one EDU shall be equal to 350 gallons per day average.
Any property located within the Keeney 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.
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.
Any solid, liquid, gaseous or water borne waste from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
The sewer district as delineated by a Resolution adopted
by Shrewsbury Township dated May 6, 1998, Ord. 98-6.
Any dwelling or part thereof containing two or more dwelling
units.
Any person vested with ownership legal or equitable, sole
or partial, of any improved property.
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations, and other groups or entities,
public and private.
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 houses, convalescent
homes, boarding homes for the aged, foster homes and other similar
establishments.
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.
The normal water carrying household and toilet waste from
residences, business buildings, institutions, and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or ground
water.
A sewer which carries sewage and to which storm, surface
and ground water are not intentionally admitted.
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.
A pipe or conduit for carrying sewage.
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 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.
The fee authorized by Act 203 of 1990, and which is required
to be paid upon the connection of any improved property to the sewer
system owned and operated by the Township.
Shrewsbury Township, York County, Pennsylvania.
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.
[Ord. 99-12, 5/25/1999, § III]
Each person owning any improved property within Keeney Sanitary
Sewer District, which has not previously been connected to the Township's
sanitary sewer system, shall obtain a permit to permit connection
of the improved property to such sanitary sewer system within 30 days
following passage of this Part and shall complete connection within
60 days following passage of this Part.
[Ord. 99-12, 5/25/1999, § IV]
No person shall connect any improved property with any part of any sewer system in the Keeney Sanitary Sewer District without first making application, securing a permit therefor in writing from the Township, and making payment of the various fees in the amounts set forth in § 18-615 of this Part. Such application shall be made on a form to be provided by the Township.
[Ord. 99-12, 5/25/1999, § V]
1.Â
Administration Fee. The administration fee shall be $100.
2.Â
Connection Fee. The connection fee shall be $130.63.
3.Â
Customer Facilities Fee. Since the Township does not install building
sewers, no fee is provided herein for the cost to the existing or
proposed dwelling or building to be served by the sewer system. However,
pursuant to Act 203 of 1990, the following fees or charges are hereby
imposed where applicable as a customer facilities fee:
A.Â
For inspection of a residential sewer connection to the sewer system,
including trap, cleanups, and fresh air vent - $35 (which includes
a maximum of two inspections). For each additional inspection required
- $15.
4.Â
Tapping Fee.
A.Â
Pursuant to Act 203 of 1990, and as determined in the Capital Charges
Study and Report prepared by the consulting engineers to the Township,
a tapping fee is hereby imposed against any improved property and
against the owner of such improved property. A tapping fee shall be
calculated in the following manner:
|
Component
|
Amount
|
|---|---|
|
Capacity part
|
$2,265.16 per EDU
|
|
Distribution or collection part
|
$614 per EDU
|
|
Total tapping fee per equivalent dwelling unit
|
$2,879.16
|
|
The capacity component shall be adjusted semi-annually and shall
increase by $50 on the first day of January, 2000, and by the same
amount on the first day of each July and January thereafter to take
into account interest on the cost of treatment facilities.
|
B.Â
The above administration connection, customers facilities and tapping fees shall be paid on or before July 1, 1999, or at the time of the application to connect as provided in § 18-614 hereof, whichever first occurs. A separate tapping fee shall be paid for each dwelling unit whether it be a single family dwelling, or an apartment within a multi-family dwelling. If the improved property contains, in addition, to one or more dwelling units, a business, an office, or a rooming unit or does not contain any dwelling unit but contains two or more rooming units, businesses, offices or commercial establishments, a single tapping fee shall be paid on account of the improved property, and an additional tapping fee shall be paid on account of each dwelling unit therein in addition to one. If the water usage by such improved property exceeds 350 gallons per day times the number of tapping fees paid on account of such improved property, an additional tapping fee shall be paid for each 350 gallons of water per day used or part thereof (i.e., in the event an improved property contains two dwelling units and two business units and the total water usage is 750 gallons per day, three tapping fees shall be paid.)
C.Â
In those cases where an improved property is already connected to
the sewer system and there is an expansion of, addition to or a change
in the use of such improved property which results in an increase
in the number of dwelling units, an increase in the number of other
uses within such improved property and/or an increase in the intensity
of use, which results in an increase in the volume of sanitary sewage
to be discharged from such property, an additional tapping fee shall
be paid for each additional dwelling unit and if the increase in the
number of other uses or in the intensity of such uses causes an increase
in water usage by the improved property so that the average daily
water usage of such Improved property exceeds 350 gallons per day
times the number of tapping fees previously paid on account of such
property, additional tapping fees shall be paid for each 350 gallons
or part thereof which average daily usage exceeds 350 gallons per
day times the number of tapping fees paid. Such additional tapping
fees shall be paid at the time of the application for the increase
in the number of dwelling units in case the additional requirement
is brought about by such an increase, shall be paid at the time of
the grant of a building permit to expand the structure if based upon
estimates by the Township, such structural expansion shall require
additional tapping fees and if not previously paid, shall be paid
within 30 days after a water meter inspection by the Township verifies
the requirement that such fees be paid. In the event tapping fees
are paid based upon reasonable estimates by the Township that same
are required and during the first year following occupancy based on
the proposed change of usage, the actual usage demonstrates that some
or all of the additional tapping fees paid on account of such estimate
were not required, the appropriate refund shall be made to the owner.
5.Â
Collection System Expansion. When collection facilities are needed
for a property or development and are not in place, the collection
facilities shall be designed and constructed by the property owner
at his expense. The facilities must meet the following requirements:
A.Â
The facility plans and shop drawings must be submitted to the Township's
Engineer for review and approval prior to commencing any work.
B.Â
All such plans and shop drawings must demonstrate compliance with
Township specifications.
C.Â
All construction must be approved by the Township Inspector prior
to being covered.
D.Â
All Township engineering, administrative, and inspection costs must
be paid for by the posting of a cash bond equal to 15% of the estimated
construction costs at the time of the submission of plans and shop
drawings. All monies not used shall be returned to the property owner
upon completion of the project.
E.Â
The securing of all permits shall be the responsibility of the property
owner.
F.Â
The installation may not be backfilled until approved by the Township
inspection.
G.Â
Upon completion of all facilities, they must be dedicated to the
Township.
H.Â
No construction can begin until all plan and shop drawings are approved
by the Township Engineer and required permits are issued.
|
If within 10 years from the date of dedication of sewage collection
facilities to the Township by a property owner who constructed such
facilities, the owner of another property not in the development for
which such collection facilities were constructed, connects a service
line to such facilities, the property owner who constructed those
collection facilities shall be reimbursed in accordance with the requirements
of the Municipality Authorities Act, 53 P.S. § 7101 et seq.
|
[Ord. 99-12, 5/25/1999, § VI]
The connection charge, customer facilities fee and tapping fee
imposed hereunder with respect to any improved property to be served
by the sewer system shall be due and payable at the time of the filing
of the application to connect such property to the sewer system, or
on July 1, 1999, whichever first occurs. Any charges or fees not paid
when due shall bear interest at 10% per annum calculated from the
date due.
[Ord. 99-12, 5/25/1999, § VII]
The connection fees, customer facilities fees and tapping fees
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 fees
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 fees, 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, 53 P.S. § 7106(a.1).
[Ord. 99-12, 5/25/1999, § X; as amended by Ord.
99-22, 9/15/1999, § XI]
This Part shall be known as the "Shrewsbury Township Keeney
Sanitary Sewer District Connection and Fee Ordinance."
[Ord. 99-12, 5/25/1999, § X; as amended by Ord.
99-22, 9/15/1999, § X; and by Ord. 2008-02, 8/6/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
