[Ord. No. 2019-02, 6/10/2019[1]]
1.Â
APPLICANT
AUTHORITY
BUILDING SEWER
COMMONWEALTH
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
LATERAL
NONRESIDENTIAL WASTE
OWNER
PERSON
SANITARY SEWAGE
SEWER
SEWER SYSTEM
STREET
TOWNSHIP
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Subpart 1.A shall be
as follows:
Any owner, plumber, agent, or contractor of such owner, or
tenant with the permission of such owner, who makes or causes to be
made an application for connection to the sewer system and/or for
any work involved in the construction of a building sewer.
Northwestern Lancaster County Authority, a municipality authority
incorporated pursuant to provisions of the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented,
of the commonwealth.[2]
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or nonresidential wastes shall be or may be discharged.
Any improved property located within this Township and used
or intended for use, wholly or in part, for the manufacturing, processing,
cleaning, laundering or assembling of any product, commodity or article,
or any other improved property located within this Township from which
wastes, in addition to or other than sanitary sewage, shall be discharged.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line,
or if no such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a sewer which is provided for connection
of any building sewer.
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or commercial process or in the course of development,
recovering or processing of natural resources, but not sanitary sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transmitting, treating and disposing of sanitary sewage and/or
nonresidential wastes, situate in or adjacent to this Township and
owned or to be owned by the Authority, and leased or to be leased
to this Township for maintenance, operation and use.
Any street, road, lane, court, cul-de-sac, alley or public
way or public square.
The Township of Penn, Lancaster County, Pennsylvania, a township
of the second class of the commonwealth, acting by and through its
Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
[2]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[1]
Editor's Note: This ordinance also repealed former Part
1, Township Sewer System, adopted by Ord. No. 1991-5, 4/3/1991, as
amended.
[Ord. No. 2019-02, 6/10/2019]
1.Â
The owner of any improved property accessible to and whose principal
building is within 150 feet from the sewer system shall connect such
improved property with and shall use such sewer system, in such manner
as this Township may require, within 60 days after notice to such
owner from this Township to make such connection, for the purpose
of discharge of all sanitary sewage and nonresidential waste from
such improved property; subject, however, to such limitations and
restrictions as shall be established herein or otherwise shall be
established by this Township and/or the Authority, from time to time.
2.Â
All sanitary sewage and nonresidential waste from any improved property, after connection of such improved property with the sewer system shall be required under Subsection 1, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township and/or the Authority, from time to time.
3.Â
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or nonresidential waste in violation of Subsection 1. No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or nonresidential waste, except where suitable treatment has been provided which is satisfactory to this Township as indicated in writing by an authorized Township official.
4.Â
Privy Vaults, Cesspools, Sinkholes, and Septic Tanks.
A.Â
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer nor used or be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection 1 to be connected to a sewer.
B.Â
Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle in existence shall be abandoned and, at the discretion
of this Township, shall be cleansed and shall be filled, at the expense
of the owner of such improved property, under the direction and supervision
of this Township; and any such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by this
Township, not cleansed and filled, shall constitute a nuisance, and
such nuisance may be abated, as provided by law, at the expense of
the owner of such improved property.
5.Â
The notice by this Township to make a connection to the sewer system, referred to in Subsection 1, shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and nonresidential wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
6.Â
If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Township, in accordance with Subsection 1, shall fail to connect such improved property, as required, the Authority may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law. In such case, the Authority shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Authority shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Ord. No. 2019-02, 6/10/2019]
1.Â
No person shall uncover, shall connect with, shall make any opening
into or shall use, shall alter or shall disturb, in any manner, any
sewer or any part of the sewer system without first obtaining a permit,
in writing, from the Authority. A separate permit shall be obtained
for each building or structure.
2.Â
Application for Permit.
A.Â
The application for a permit shall be made by the owner of the improved
property served or to be served or by the duly authorized agent of
such owner.
B.Â
The applicant shall give a description of the character of the work
proposed to be done, and the location, ownership, occupancy and use
of the premises in connection therewith. The Authority may require
plans, specifications or drawings and such other information as it
may deem necessary.
C.Â
If the Authority determines that the plans, specifications, drawings,
descriptions or information furnished by the applicant are in compliance
with this Part and the Rules and Regulations of the Authority, it
shall issue the permit for which application has been made.
3.Â
Cost of Permit.
A.Â
There shall be no fee for the initial permit issued under this Part; provided, however, that if a permit is allowed to expire as provided in Subsection 9 herein, a fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority will be charged for each renewal permit; and provided further that if more than one inspection of a building sewer is required under this Part because of defective workmanship and/or materials, an inspection fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority will be charged for each additional inspection.
B.Â
Any person who shall commence any work for which a permit is required
by this Part without first having obtained a permit therefor shall,
if subsequently issued a permit, pay a fee in an amount as established,
from time to time, by resolution of the Board of Supervisors or the
Board of the Authority for such permit; provided, however, that this
provision shall not apply to emergency work when it shall be proven
to the satisfaction of the Authority that such work was urgently necessary
and that it was not practical to obtain a permit therefor before the
commencement of the work. In all emergency cases, a permit must be
obtained as soon as it is practical to do so, and if there be an unreasonable
delay in obtaining such permit, a fee in an amount as established,
from time to time, by resolution of the Board of Supervisors or the
Board of the Authority, as herein provided, shall be charged. The
payment of such fee shall not preclude the Township from exercising
any other remedies which may be available to it at law, in equity
or otherwise as a result of violation of this Code.
4.Â
No person shall make or shall cause to be made a connection of any
improved property with a sewer until such person shall have fulfilled
each of the following conditions:
A.Â
Such person shall have notified the Secretary of this Township of
the desire and intention to connect such improved property to a sewer.
C.Â
Such person shall have given the Secretary of this Township at least
48 hours' notice of the time when such connection will be made
so that the Authority may supervise and inspect or may cause to be
supervised and inspected the work of connection and necessary testing.
D.Â
If applicable, such person shall have furnished satisfactory evidence
to the Secretary of this Township that all tapping and connection
fees that may be charged and imposed by the Authority against the
owner of each improved property who connects such improved property
to a sewer have been paid.
5.Â
Except as otherwise provided in this subsection, each improved property
shall be connected separately and independently with a sewer through
a building sewer. Grouping of more than one improved property on one
building sewer shall not be permitted, except under special circumstances
and for good sanitary reasons or other good cause shown, but then
only after special permission of the Authority, in writing, shall
have been secured, and only subject to such rules, regulations and
conditions as may be prescribed by the Authority.
6.Â
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer shall
be borne by the owner of the improved property to be connected, and
such owner shall indemnify and shall save harmless this Township and
the Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of a building sewer or
of connection of a building sewer to a sewer.
7.Â
A building sewer shall be connected to a sewer at the place designated
by the Authority and where, if applicable, the lateral is provided.
8.Â
Before a permit is granted for work involving excavation and work
in the streets or alleys in the Township, compliance with any state
or Township road occupancy requirements shall be required, including
compliance with all Township ordinances and any amendments thereto.
9.Â
Every permit issued by the Authority under this Part shall expire
by limitation and become null and void if the work authorized by such
permit is not commenced within 120 days from date of issuance of such
permit, or if the work authorized by such permit is suspended or abandoned
at any time after the work is commenced for a period of 120 days.
Before such work can be resumed, a new permit shall be first obtained.
10.Â
The issuance or granting of a permit or approval of plans and specifications
shall not be deemed or construed to be a permit for, or an approval
of, any violation of any of the provisions of this Part. No permit
presuming to give authority to violate or cancel the provisions of
this Part shall be valid, except insofar as the work or use which
it authorized is lawful.
11.Â
The issuance or granting of a permit or approval of plans shall not
prevent the Authority from thereafter requiring the correction of
errors in said plans and specifications or from preventing construction
operations being carried on thereunder when in violation of this Part
or of any other ordinance or from revoking any certificate of approval
when issued in error.
12.Â
Applicant Requirements.
A.Â
All applicants who perform any work involved in the construction
of a building sewer must comply with the registration, insurance,
fee and other administrative requirements as set forth in the Rules
and Regulations for Construction of Water Systems and Sewer Systems,
including all appendices, specifications and construction details
contained therein, as adopted or to be adopted by the Authority and
amended from time to time, and which are incorporated herein by reference
and made a part hereof, or if adopted hereafter, will be incorporated
herein by reference and made a part hereof at the time of adoption.
B.Â
Prior to beginning work in the Township, every applicant performing
work covered by this Part for a fee or any other form of compensation
must register with the Authority, providing data relative to experience,
business location and similar matters on the application as provided
by the Authority. Applicants will also be required to acknowledge
awareness of the Township's and Authority's rules and regulations
governing construction of building sewers. Any changes in the data
supplied on the original application must be supplied, in writing,
to the Authority.
13.Â
The construction of building sewers and each connection shall be
made in accordance with the Authority's Rules and Regulations
for Construction of Water Systems and Sewer Systems, including all
appendices, specifications and construction details contained therein,
as adopted or to be adopted by the Authority and amended from time
to time, and which are incorporated herein by reference and made a
part hereof, or if adopted hereafter, shall be incorporated herein
by reference and made a part hereof at the time of adoption.
14.Â
All Work to Be Inspected. All building sewer work requiring a permit
hereunder shall be inspected by the Authority to ensure compliance
with all the requirements of this Part and the Authority's rules
and regulations.
15.Â
Notification. It shall be the duty of the person completing the work
authorized by the permit to notify the Authority that said work is
ready for inspection. Such notification shall be given not less than
48 hours before the work is to be inspected.
16.Â
Stop Orders. Whenever any work is being completed contrary to the
provisions of this Part and the Authority's rules and regulations,
the Authority or its authorized representative may order the work
stopped by notice in writing served personally or by certified mail
on any persons engaged in doing or causing such work to be done, and
any such persons shall forthwith stop such work until authorized by
the Authority to proceed with such work.
17.Â
Suspension or Revocation. The Authority may, in writing, suspend
or revoke a permit issued under provisions of this Part whenever the
permit is issued in error on the basis of incorrect information supplied,
or in violation of any local, state or federal law or regulation.
18.Â
Appeals to Board of Supervisors. Appeals to the Board of Supervisors
may be made by any person or by any Township official or agency aggrieved
or affected by a decision of the Authority. Such appeals shall be
taken within 30 days of such determination by the Authority by filing
a notice of appeal with the Board of Supervisors specifying the grounds
therefor. Hearing on such appeals shall be held and decision rendered
thereon by the Board within 60 days from date of filing of the appeal.
Any further appeals shall be governed by the applicable laws of the
Commonwealth of Pennsylvania.
19.Â
The Township reserves the right at any time, with or without cause,
to revoke or revise the administrative powers of the Authority as
authorized herein, by such legal means as are available to the Township.
[Ord. No. 2019-02, 6/10/2019]
1.Â
The Northwestern Lancaster County Authority is responsible for ensuring
compliance with the technical requirements of this Part. Pursuant
to the authorization provided herein and by the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq., the Authority has established
Rules and Regulations for Construction of Water Systems and Sewer
Systems, which together with all appendices, specifications and construction
details, has been or will be adopted by the Authority. The Authority
may amend such Rules and Regulations as it deems necessary and may
adopt other rules and regulations from time to time to supplement
such Rules and Regulations. Such Rules and Regulations adopted by
the Authority, together with all amendments and supplements thereto,
shall be incorporated herein by reference and made a part hereof.
As owner of the sewer system, the Authority shall perform the following
duties:
A.Â
Require submission of, examine and check drawings and specifications,
descriptions, and/or diagrams when necessary to show clearly the character,
kind and extent of work covered by applications for permits and, upon
approval thereof, shall issue permits.
B.Â
Keep a permanent and accurate account of the fees, if any, for permits
issued and other monies collected and received as provided by this
Part.
C.Â
Administer and enforce the provisions of this Part in a manner consistent
with the intent thereof and inspect building sewers authorized by
any permit to assure compliance with provisions of this Part or amendments
thereto, approving or disapproving said work in whole or in part as
conditions require.
D.Â
Issue, upon request, a certificate of approval for any work approved.
E.Â
Disapprove and reject all work done or being done or materials used
or being used which do not in all respects comply with the provisions
of this Part and amendments thereto.
F.Â
Order changes in workmanship and/or materials essential to obtain
compliance with all provisions of this Part.
G.Â
Investigate any construction or work regulated by this Part and issue
such notices and orders as provided in § 18-102.5.
H.Â
Keep a complete record of all the essential transactions of its office.
I.Â
Transfer all fees collected to the proper authority provided by law
to receive such funds.
2.Â
The Authority shall have powers, including, but not limited to, the
following:
A.Â
To appoint an Authority Engineer and other consultants as are authorized
to carry out the functions of the Authority.
B.Â
Whenever necessary to make an inspection to enforce any of the provisions of this Part, or whenever the Authority or its authorized representative has reasonable cause (as that term has been applied by the courts to governmental inspections) to believe that there exists in any building or upon any premises any condition as set forth in § 18-105 of this Part, the Authority or its authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Authority by this Part, provided that if such building or premises be occupied, the Authority or its authorized representative shall first present proper credentials and request entry. If such building or premises be unoccupied, it shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry of either an occupied or unoccupied building is refused, the Authority or its authorized representative shall have recourse to every remedy provided by law to secure entry, including obtaining a search warrant. "Authorized representative" shall include the persons named in Subsection 2A herein.
3.Â
In addition to the rules and regulations adopted by the Authority,
the following shall apply to the construction of building sewers and
the connection to the sewer system:
A.Â
Where an improved property, at the time connection to a sewer is
required, shall be served by its own sewage disposal system or sewage
disposal device, the existing house sewer line shall be broken on
the structure side of such sewage disposal system or sewage disposal
device and attachment shall be made, with proper fittings, to continue
such house sewer line as a building sewer.
B.Â
No building sewer shall be covered until it has been inspected and
approved by the Authority. If any part of a building sewer is covered
before so being inspected and approved, it shall be uncovered for
inspection, at the cost and expense of the owner of the improved property
to be connected to a sewer.
C.Â
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
D.Â
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk and other public property disturbed in
the course of installation of the building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Township or the Authority.
E.Â
If any person shall fail or shall refuse, upon receipt of a notice
of this Township or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building sewer, within 60 days of receipt
of such notice, this Township or the Authority may refuse to permit
such person to discharge sanitary sewage and nonresidential wastes
into the sewer system until such unsatisfactory condition shall have
been remedied to the satisfaction of this Township and the Authority
in addition to other enforcement remedies provided in this Part.
F.Â
The Authority reserves the right to adopt, from time to time, additional
rules and regulations as it shall deem necessary and proper relating
to connections with a sewer and with the sewer system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be construed as part of this Part.
[Ord. No. 2019-02, 6/10/2019]
1.Â
Any portion of a building sewer found by the Authority to be unsanitary
is hereby declared to be a nuisance.
2.Â
Whenever any construction or work regulated by this Part is dangerous,
unsafe, unsanitary, a nuisance or a menace to life, health or property
or otherwise in violation of this Part, the Authority, upon determining
reasonable cause exists, shall order any person, firm or corporation
using or maintaining any such condition or responsible for the use
or maintenance thereof to discontinue the use or maintenance thereof
or to repair, alter, change, remove or demolish the same as it may
consider necessary for the proper protection of life, health or property.
Every such order shall be in writing, addressed to the owner, agent
or person responsible for the premises on which said condition exists
and shall specify the date or time for compliance with such order.
3.Â
Refusal, failure or neglect to comply with any such notice or order
shall be considered a violation of this Part.
4.Â
When any building sewer is maintained in violation of this Part and
in violation of any notice issued pursuant to the provisions of this
section, the Township or the Township Solicitor shall institute any
appropriate action or proceeding in any court of competent jurisdiction
to prevent, restrain, correct or abate the violation or nuisance.
[Ord. No. 2019-02, 6/10/2019]
1.Â
Any person who shall violate this Part 1 shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, and shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs of prosecution, including reasonable attorneys' fees incurred by the Township or the Authority in the enforcement proceedings, in each case 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 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
2.Â
Fines and costs imposed under provisions of this Part 1 shall be
enforceable and recoverable in the manner and at the time provided
by applicable law.
3.Â
The provisions of this Part 1 may be enforced through an action in equity in the Lancaster County Court of Common Pleas. The defendant may be assessed court costs and reasonable attorneys' fees incurred by the Township or Authority in such proceedings in addition to equitable relief and monetary penalties as set forth in § 18-106.2.
4.Â
Any person violating any of the provisions of this Part 1, in addition
to becoming liable for fines and costs of prosecution, including reasonable
attorneys' fees, shall be liable to the Authority for any expense,
loss or damage occasioned the Authority by reason of such violation,
including, but not limited to, engineering and consulting fees.
[Ord. No. 2019-02, 6/10/2019]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Township.
[Ord. No. 2019-02, 6/10/2019]
1.Â
AUTHORITY
BOARD
BUILDING SEWER
COMMERCIAL ESTABLISHMENT
COMMONWEALTH
CONNECTION ORDINANCE
DOMESTIC SANITARY SEWAGE
DWELLING UNIT
EDUCATIONAL ESTABLISHMENT
EQUIVALENT DWELLING UNIT or EDU
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LATERAL
MULTIPLE-USE IMPROVED PROPERTY
NONRESIDENTIAL WASTE
OWNER
PERSON
SEWER
SEWER SYSTEM
SEWERED AREA
STREET
TOWNSHIP
USER CHARGE
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Subpart 1.B shall be
as follows:
Northwestern Lancaster County Authority, a municipality authority
incorporated pursuant to provisions of the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented,
of the commonwealth.[1]
The Board of Supervisors, i.e., the elected officials acting
as the governing body of the Township.
The sewer extension from the sewage drainage system of any
improved property to the lateral serving such improved property.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The Commonwealth of Pennsylvania.
Subpart 1.A of this Chapter 18, requiring all owners of improved property located in this Township and whose principal building is within 150 feet from a sewer to connect to such sewer and use the same in such manner as this Township may ordain.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any room, group of rooms, mobile home, house trailer, apartment
unit, condominium unit, cooperative unit, building or other enclosure
connected, directly or indirectly, to the sewer system and occupied
or intended for occupancy as living quarters by an individual, a single
family or other discrete group of persons, excluding institutional
dormitories.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, for educational purposes, including both
public and private schools.
The unit of measure by which any flat rate user charge shall
be imposed upon each improved property, as determined by resolution
of the Authority, which shall be deemed to constitute the estimated
equivalent amount of domestic sanitary sewage discharged by a dwelling
unit per day. The amount of sewage flow constituting one EDU is based
on the most recent tapping fee calculation and may fluctuate.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure domestic sanitary sewage and/or
nonresidential wastes shall be or may be discharged, which is located
within the sewered area and subject to the Connection Ordinance.
Any improved property, used or intended for use, wholly or
in part, for the manufacturing, processing, cleaning, laundering or
assembling of any product, commodity or article, or any other improved
property from which wastes, in addition to or other than domestic
sanitary sewage, shall or may be discharged.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including institutional
dormitories and educational establishments, which do not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
That part of the sewer system extending from a sewer normally
located in the street right-of-way to the building sewer serving an
improved property. If there shall be no improvement on the property,
then "lateral" shall mean that part of the sewer system, extending
from said sewer to the curb box or other point of future connection
to the building sewer, if and when said property is improved.
Any improved property upon which there shall exist any combination
of any two or more of the following: a dwelling unit, a commercial
establishment, an industrial establishment, an educational establishment
or an institutional establishment.
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or commercial process or in the course of development,
recovering or processing of natural resources, but not sanitary sewage.
Any person vested with title, legal or equitable, sole or
partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, including municipalities,
municipal authorities, school districts and other units of government.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, at any particular time, acquired, constructed,
operated, and/or owned by the Authority, and to be leased to the Township
for operation and maintenance, under the terms of an agreement of
lease, to be dated as of April 1, 1991, by and between the Authority,
as lessor, and the Township, as lessee, and any supplements and amendments
thereto, for collecting, pumping, transporting, treating and disposing
of domestic sanitary sewage and/or nonresidential wastes.
That area of the Township served by the sewer system as determined
and designated, from time to time, by the Township and the Authority.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square, including such streets as are dedicated
to public use, and such streets as are owned by private persons.
The Township of Penn, Lancaster County, Pennsylvania, a political
subdivision of the commonwealth, acting by and through its Board or,
in appropriate cases, acting by and through its authorized representatives.
The rental or charge imposed by the Township hereunder, as
amended from time to time, against the owner of each improved property,
for the use of the sewer system.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Ord. No. 2019-02, 6/10/2019]
1.Â
A user charge is hereby imposed upon the owner of each improved property
which shall be connected to the sewer system for use of the sewer
system, whether such use is direct or indirect, and for services rendered
by the Township in connection therewith, and shall be payable as provided
herein.
2.Â
The user charge shall be payable by the owner of each improved property
commencing the earlier of:
3.Â
The user charge applicable to any improved property shall be calculated,
imposed and collected on the basis of one of the following methods,
in the sole discretion of the Township:
A.Â
Metered Rate Basis.
(1)Â
(2)Â
Metered Rate Schedule: a charge, in an amount as established,
from time to time, by resolution of the Board of Supervisors, per
gallon, plus a charge, in an amount as established, from time to time,
by resolution of the Board of Supervisors, per quarter annum billing
period.
(3)Â
In the case of a multiple-use improved property or an improved
property having thereon two or more dwelling units, commercial establishments,
educational establishments, industrial establishments, or institutional
establishments served by the same water meter or sewer meter, the
minimum user charge per quarter annum billing period is hereby imposed
for each separate dwelling unit, commercial establishment, educational
establishment, industrial establishment or institutional establishment.
The Township, in its sole discretion, may install at the owner's
expense, or may require the owner to install, one or more water meters
or sewer meters on such improved property conforming to the standards
established by the Township to meter water consumption or waste discharge
for each separate dwelling unit, commercial establishment, educational
establishment, industrial establishment or institutional establishment.
B.Â
Estimated Rate Basis. The user charge may be based upon the Township's
estimate of potable water consumed or domestic sanitary sewage or
nonresidential wastes discharged by any improved property in accordance
with the metered rate schedule provided herein.
C.Â
Flat Rate Basis.
(1)Â
The user charge for any improved property not having a water
meter or sewer meter shall be billed on a flat rate basis as a specific
amount per equivalent dwelling unit applicable to such improved property,
as determined by the Township, from time to time. The number of equivalent
dwelling units applicable to each improved property shall be determined
as follows:
Description of Improved Property
|
Unit of Measurement
|
Number of Equivalent Dwelling Units Per Unit of Measurement
|
---|---|---|
Residential dwelling (year-round or seasonal)
|
Each dwelling unit
|
1
|
Retail store, professional office or other commercial enterprise
|
1 to 10 employees; Each additional 10 employees or fraction
thereof
|
1
|
Hotel, motel or boardinghouse (not including restaurant facilities)
|
1 to 4 rental rooms; Each additional 4 rooms or fraction thereof
|
1
|
Restaurant, club, tavern or other retail food or drink establishment
|
1 to 20 customer seats; Each additional 20 seats or fraction
thereof
|
1
|
Automobile service station, automobile reconditioning shop or
commercial repair shop
|
1 or 2 bays; Each additional 2 bays or fraction thereof
|
1
|
Beauty parlor or barber shop (whether or not attached to or
part of a residential dwelling)
|
First chair; Each additional chair
|
1
|
(2)Â
The number of equivalent dwelling units applicable to retail
stores, professional offices and other commercial establishments shall
be computed on the basis of the average number of full- and part-time
employees [including the owner(s) or employer(s)] for the quarter
annum billing period preceding the date of the quarterly billing.
The owners of such facilities shall be responsible for advising the
Township in writing of the number of employees upon request of the
Township.
(3)Â
If the use or classification of any improved property changes
within a quarter annum billing period, the user charge shall be prorated
by the Township. The appropriate credit or additional charge shall
appear on the statement for the next succeeding quarter annum billing
period.
(4)Â
The flat rate user charge payable per equivalent dwelling unit
shall be in an amount as established, from time to time, by resolution
of the Board of Supervisors, per quarter. The Board of Supervisors
may in the future revise the flat rate schedule by resolution or by
ordinance.
(5)Â
The Township, in its sole discretion, may install at the owner's
expense, or may require the owner to install, a water meter or sewer
meter conforming to the standards established by the Township for
such cases.
4.Â
In the case of a multiple-use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall pay a separate user charge, as though it was housed in a separate structure and had a direct and separate connection to the sewer system, computed in accordance with the appropriate subsection of Subsection 3 of this Part.
5.Â
The user charge provided for herein does not include separate charges
which may be applied by the Authority against owners of properties
which discharge nonresidential waste into the sewer system. The owner
of any improved property that shall discharge, with the consent of
the Authority, nonresidential waste into the sewer system shall comply
with the Authority's Resolution Governing Admission of Non-Residential
Waste into the Sewerage System, as amended from time to time, and
shall be subject to surcharges in accordance with the formulas set
forth therein and the fees and surcharge rates set forth in the schedule
of charges and fees adopted by the Authority.
6.Â
The owner of any improved property discharging domestic sanitary
sewage into the sewer system shall furnish to the Township, including
by way of the application for permit described in the "Connection
Ordinance" (Subpart 1.A), all information deemed essential or appropriate
by the Township for the determination of all applicable user charges
and surcharges. The costs of obtaining such information shall be borne
by such owner of the improved property. In the event of the failure
of the owner to provide adequate information, the Township shall estimate
the applicable user charge and surcharge based upon available information,
or until such time as adequate information is received. There shall
be no rebate of past payments if the owner's refusal to provide
such information results in overpayment.
7.Â
Nothing herein contained shall be deemed to prohibit this Township
or Authority from entering into separate or special agreements with
owners of improved property with respect to the user charge to be
imposed in those cases where, due to special or unusual circumstances,
the user charge set forth herein shall be deemed by this Township
and/or the Authority, in its/their sole discretion, to be inequitable,
or that it is in the best interests of this Township and/or the Authority
to do so.
8.Â
User charges and surcharges, as applicable, shall be payable on a
quarterly basis, and shall cover a quarterly billing period consisting
of the immediately preceding calendar quarter.
9.Â
Payments of user charges shall be due and payable upon the applicable
billing date, at the office of the Secretary of the Township, in the
appropriate amount, computed in accordance with this Part, which shall
constitute the net bill. If any user charge is not paid within 30
calendar days after the applicable billing date, an additional 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 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, then payment made on or mailed and postmarked on the next
succeeding business day or Saturday shall constitute payment within
such period.
10.Â
It shall be the responsibility of each owner of an improved property
to provide the Township with, and thereafter keep the Township continuously
advised of, the correct mailing address of such owner and, if applicable,
the name and address of any other person (including tenants, etc.)
who will be paying the user charges. Bills will be sent to persons
other than owners (such as tenants) only as a convenience to owners;
owners shall in all cases remain responsible to the Township for payment
of all fees and charges. Failure of any owner or other person to receive
a bill for charges due and payable 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.
11.Â
No officer or employee of the Township is authorized to reduce, vary
or exempt charges imposed herein or other provisions of this Part
without official action by the Board of this Township.
12.Â
Every owner of improved property shall remain liable for the payment
of user charges until the later of: A) the receipt by the Township
of written notice by such owner that the property has been sold, containing
the correct name and mailing address of the new owner, or B) the date
on which title to the improved property is transferred to a new owner.
Failure to provide notice renders an owner continuously liable for
any charges that may accrue until such time as the Township has been
properly notified of any change in ownership as described above.
[Ord. No. 2019-02, 6/10/2019]
No person shall discharge or cause to be discharged into the
sewer system any substance prohibited by regulations adopted by the
Authority under the Authority's Resolution Governing Admission
of Non-Residential Waste into the Sewerage System, as amended from
time to time, and any other regulations adopted by the Authority pertaining
to prohibited discharges. All regulations lawfully adopted by the
Authority pertaining to prohibited discharges, as amended from time
to time, are incorporated herein by reference as if set forth in their
entirety.
[Ord. No. 2019-02, 6/10/2019]
No person shall discharge or cause to be discharged into the
sewer system any nonresidential waste unless such person qualifies
for and is issued a permit to discharge nonresidential waste into
the sewer system in accordance with the regulations adopted by the
Authority under the Authority's Resolution Governing Admission
of Non-Residential Waste into the Sewerage System, as amended from
time to time, and any other regulations adopted by the Authority pertaining
to nonresidential waste. All regulations lawfully adopted by the Authority
pertaining to nonresidential waste, as amended from time to time,
are incorporated herein by reference as if set forth in their entirety.
[Ord. No. 2019-02, 6/10/2019]
1.Â
The Township and/or Authority shall review, not less often than once
every two years, the waste contribution of each user or user class,
the total costs of operation and maintenance of the treatment plant
and the Township's and Authority's user charge systems.
The Township and/or Authority shall maintain such records as are necessary
to document compliance with regulations of the Commonwealth and the
United States Environmental Protection Agency. The Township and/or
Authority shall revise the charges, surcharges and fees for user or
user classes as necessary to accomplish the following:
A.Â
Maintain the proportionate distribution of operation and maintenance
costs among users and user classes as required by regulations of United
States Environmental Protection Agency.
B.Â
Generate sufficient revenue to pay the total operation and maintenance
costs necessary for the proper operation and maintenance (including
equipment replacement) of the various portions of the sewer system.
C.Â
Generate sufficient revenue to finance, in whole or in part, expansion
of the sewer system for present and/or future users and user classes.
D.Â
Apply excess revenue collected from a class of users to the costs
of operation and maintenance attributable to that class for the next
year and adjust the rate accordingly.
E.Â
Distribute the costs of operation and maintenance of all flow not
directly attributable to users (i.e., infiltration/inflow) among all
users of the sewer system in the same manner that the costs of operation
and maintenance are distributed among users, or user classes, for
their actual use. As used herein, "operation and maintenance costs"
shall be read to include capital costs, including debt service on
obligations issued by the Authority to finance acquisition, construction,
repair, replacement or improvement of the sewer system.
[Ord. No. 2019-02, 6/10/2019]
1.Â
The Township and/or Authority shall have the right of access, at
all reasonable times, to any part of any improved property as necessary
for purposes of meter reading, inspection, observation, measurement,
sampling and testing and for performance of other functions relating
to service rendered by the Township and/or Authority.
2.Â
The owner of any improved property shall be held liable for all acts
of tenants or other occupants of such improved property, as may be
permitted by law, insofar as such acts shall be governed by the provisions
of this Part.
3.Â
The owner of an improved property shall be responsible for the maintenance,
safekeeping and repair of any water or sewer meter or other measuring
device installed upon the improved property, whether such repairs
shall be made necessary by ordinary wear and tear or other causes.
4.Â
The Authority has adopted rules and regulations it deems necessary
and proper in connection with the use and operation of the sewer system,
and may adopt, from time to time, additional rules and regulations
as it shall deem necessary and proper in connection with the use and
operation of the sewer system. All rules and regulations which have
been adopted or which shall be adopted shall become and shall be construed
as incorporated in this Part as if set forth herein in their entirety.
5.Â
In the event any provision, section, sentence, clause or part of
this Part shall be held by any court or administrative tribunal of
competent jurisdiction to be invalid, such invalidity shall not affect
or impair any remaining provision, section, sentence, clause or part
of this Part, it being the intent of the Township that such remainder
shall be and shall remain in full force and effect.
6.Â
It is declared that enactment of this Part is necessary for the protection,
benefit and preservation of health, safety and welfare of the inhabitants
of this Township.