[Ord. 97-1, 5/12/1997, § 1]
An EDU schedule applicable to uses and activities conducted
within the Act 537 District and serviced by or to be connected to
the municipal sewer collection, conveyance and treatment system, in
the form attached hereto, marked Exhibit 18-A and incorporated herein
is adopted as the schedule applicable to any and all uses and activities
situate within the Act 537 Plan District with regard to any connections
to the municipal sewer system hereinafter instituted and to any existing
uses and activities connected to said system which are hereinafter
subject to a change in use, occupancy, ownership or tenancy, effective
following the date of enactment of this Part 2D.
[Ord. 97-1, 5/12/1997, § 2]
Subject to the terms and conditions set forth hereafter, the
Township, by and through its Board of Supervisors, in its sole discretion,
may authorize and permit the owner of an improved property currently
being serviced by a meter or measuring device, as hereinbefore approved
by the Township and/or the New Hanover Township Authority, to continue
the operation of such meter until such time as a change of use, change
of tenancy, change of occupancy or the transfer of title or ownership
of such property should occur, at which time the use of such meter
or measuring device shall be discontinued and the same shall be disconnected,
decommissioned and/or abandoned and the EDU schedule attached hereto
and incorporated herein, marked Exhibit 18-A will be used to determine
the appropriate number of equivalent dwelling units (EDU's) being
utilized at any such site which shall thereafter be applicable to
the calculation of sewer rental rates or such other obligations or
uses as may be determined appropriate by the Township. The reading
from a meter or measuring device allowed to continue in use by a preexisting
land use or activity, as hereinbefore provided, shall be used by the
Township in computing the sewer rental for said site. The meters shall
be under the full control of the Township, its agents, servants or
employees, as deemed necessary. The owner of the improved property
shall remain responsible for the meter's maintenance, repair
and safekeeping; however, all repairs necessary thereto may be made
by the Township at the property owner's expense should the property
owner, tenant or occupant fail or refuse to undertake the maintenance
or repair of such meter. Any and all obligation for the cost of such
repairs shall become due and payable at the same time and be collected
in the same manner as are bills and invoices for sewer rentals. In
addition, the charges, billings or fees for service shall be pursuant
to the schedule of rates and charges adopted by the Township and any
partial billing period or succeeding billing period shall be paid
upon the actual use recorded by said meter or the Township EDU Schedule
contained herein, whichever is greater. Should a property owner fail
to make the water meters and/or measuring devices available for reading
or inspection by the Township, its agents, servants or employees at
any time during reasonable business hours or on appropriate notice,
the Township shall charge or bill the owner for the maximum service
rates set forth in the EDU Schedule for that appropriate interval.
Charges for any and all metered or measuring device services shall
be as set forth in Exhibit 18-A, attached hereto, and incorporated
herein, as may be amended from time to time and such other ordinances,
resolutions or administrative regulations as are adopted by the Board
of Supervisors. Other than property owners currently maintaining approved
meters or measuring devices with reference to the municipal sewer
system, no new or additional meters will be issued by the Township
of New Hanover nor may any property owner install such meters for
the purposes of calculating fees or costs associated with municipal
sewer collection, conveyance or treatment services. Sewer rental charges
for all new users, both commercial and residential, connected to and
serviced by the municipal sewer collection, conveyance and treatment
system following the date of enactment of this Part 2D shall be determined
with reference to the EDU Schedule attached hereto, marked Exhibit
18-A and incorporated herein.
[Ord. 97-1, 5/12/1997, § 3]
Any and all remaining terms and conditions including, but not
limited to, billing, invoicing, surcharges, reading of meters and
the method of collection for such rates or fees shall be and remain
consistent with the terms and conditions of all other ordinances,
resolutions or administrative regulations, adopted, enacted and in
place in New Hanover Township, as hereinbefore amended, reaffirming
the terms, conditions, rules and regulations as therein set forth.
[Ord. 97-1, 5/12/1997, § 4]
The rates and charges as herein established, and as may be applicable
with regard to all other ordinances, resolutions and administrative
regulations of the Township, shall remain in full force and effect
until revised, amended, increased, decreased or otherwise modified
by subsequent action and/or resolution of the Board of Supervisors
of the Township of New Hanover.