[Ord. 55, 9/8/1961, § 1]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Part 1 shall be as follows:
Salisbury Township Authority, a municipal authority organized
and existing under provisions of the Pennsylvania Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented.
A person who, prior to, upon or after the effective date
hereof, has contracted or contracts for and/or is receiving or shall
receive water service for each consumer unit and/or a person who,
prior to, upon or after the effective date hereof, has contracted
or contracts for or is receiving or shall receive private fire protection
service.
A building under one roof and occupied by one family or business;
A combination of buildings in one enclosure or group and occupied
by one family or business;
One side of a double building or house having a solid vertical
partition wall;
A building, house or other structure, or any room, group of
rooms or part thereof, occupied by more than one family or business,
the water fixtures of which are used in common;
Each room or group of rooms in a building occupied or intended
for occupancy as a separate business or as separate living quarters
by a family or other group of persons living together or by a person
living alone, the water fixtures of which are not used in common;
or
Each apartment, office or suite of offices in a building or
house having such apartments, offices or suites of offices and using
in common one or more hallways and one or more means of entrance.
Any person having an interest, whether legal or equitable,
sole or partial, in any property.
Any individual, firm, partnership, company, association,
society, corporation, trust, governmental body or an agency, department
or political subdivision thereof or any other group or entity.
Any building, group of buildings or land upon which buildings
are to be constructed which is or may be served by the Township.
The Township of Salisbury, Lehigh County, Pennsylvania, a
municipal subdivision, acting by and through its Board of Commissioners
or, in appropriate cases, by and through its authorized representatives.
The water distribution facilities, including storage facilities
and all related facilities to be constructed, installed or acquired
by or for the Authority, including all property, real, personal and
mixed, rights, powers, licenses, easements, rights-of-way, privileges,
franchises and other property or interest in property of whatsoever
nature used or useful in connection with such facilities, and together
with all additions, extensions, alterations, improvements and betterments
thereof or thereto which may be made, installed or acquired, from
time to time, by or for the Authority and which shall be leased by
the Authority to the Township for operation and use.
[Ord. 55, 9/8/1961, § 2; as amended by Ord. 113,
3/9/1967, § 1; by Ord. 170, 12/13/1973, § 1; by
Ord. 195, 3/11/1976, § 1; by Ord. 278, 12/11/1986, § 1;
by Ord. 1-90-319, 2/8/1990, § 1; by Ord. 8-90-326, 8/9/1990,
§ 1; by Ord. 12-93-385, 12/20/1993; by Ord. 1-96-411, 1/11/1996,
§ 1; by Ord. 2-97-427, 2/27/1997, § 1; by Ord.
12-97-437, 12/11/1997, § 1; by Ord. 12-98-461, 12/10/1998,
§ 1; by Ord. 01-99-463, 1/28/1999; by Ord. 04-99-473, 4/22/1999,
§ 1; by Ord. 03-2002-497, 3/14/2002; by Ord. 02-2003-504,
2/13/2003; by Ord. 03-2004-511, 3/11/2004; by Ord. 01-2005-521; by
Ord. 12-2006-529, 12/14/2006, § 1; by Ord. 01-2010-554,
1/28/2010; and by Ord. 03-2012-575, 3/22/2012, Art. I]
1.
The following water rates, rents and charges are fixed, adopted,
established and imposed upon each consumer located within the municipal
boundaries of the Township served or to be served by the water system,
for use thereof and such rates, rents and charges shall be established
by the Township by resolution or ordinance:
A.
Schedule of Meter Rates. There shall be a charge of $8.30 for each
1,000 gallons of water furnished to a consumer effective January 1,
2023. Thereafter, these rates may be amended or revised from time
to time by duly enacted resolution of the Board of Commissioners.
[Amended by Ord. 04-2015-597, 4/9/2015; by Res. 12-2015-1515, 12/17/2015; by Res. No. 12-2016-1551,
12/22/2016; by Res. No. 12-2017-1585, 12/28/2017; by Res. No. 12-2018-1616, 12/13/2018; by Res. No. 12-2019-1656, 12/12/2019; by Res. No. 12-2021-1721, 12/9/2021; and by Res. No. 12-2022-1765, 12/8/2022]
B.
Building Construction Purposes. The flat-rate charge for building construction purposes shall be $50 per residential unit and $150 for every nonresidential permit, payable upon application to the Township for water service, which shall cover service until construction is complete or a water meter is connected. The Township reserves the right to require that any construction project be metered when necessary. Whenever this is done, the rates, rents and charges set forth in Subsection 1A shall replace the flat-rate charge and be applicable to such service.
C.
Cut-off and Turn-on Charge.
|
Type
|
Charge
| |
|---|---|---|
|
Cut-off
|
$10
| |
|
Turn-on
|
$10
|
D.
Temporary Flat Rates. In those cases where, in the opinion of the
Township, it is impracticable to install a meter at the time a connection
is made to the water system, a flat rate shall be charged until such
time as a meter is installed. In such case, the following temporary
flat rates shall apply during this period:
|
Type
|
Rate
| |
|---|---|---|
|
For the first faucet or opening
|
$6.25 per quarter
| |
|
For each additional faucet or opening
|
$2.00 per quarter
|
E.
Fire Hydrant Standby Charge. Any owner of real property in Salisbury
Township who has a privately owned fire hydrant situate on his or
her property within the Township shall pay a fire hydrant standby
charge to the Township of $400 per year for each privately owned fire
hydrant which receives water from the Salisbury Township public water
service system. The Township shall perform all testing of, and shall
maintain and replace, each privately owned fire hydrant, as deemed
necessary and appropriate by the Township for the public health, safety
and welfare.
[Ord. 55, 9/8/1961, § 3; as amended by Ord. 105,
4/14/1966; by Ord. 1-88-292, 1/4/1988; and by Ord.
04-2015-597, 4/9/2015]
1.
All bills for water service, including private fire service, furnished to consumers shall be rendered quarterly on the first days of January, April, July and October of each year, or as soon after the first day of said months as is practicable, and shall represent the amount due for water service rendered during the preceding three months. The Township may, from time to time, set new billing cycles and payment and set rules and regulations governing § 26-103, by duly enacted resolution of the Board of Commissioners.
2.
All bills for water service furnished to consumers shall be due and
payable as of the date thereof. Bills for residential water service
shall be paid within 15 days after such bill shall become due and
payable. The customer shall pay the net amount of the bill, known
as "Net 15." If bills for such water service remain unpaid beyond
15 days of the billing date, an additional 10% will be added to any
current, outstanding balance. If bills for such water service are
paid during the period between 16 and 30 days of the billing date,
the gross amount of the bill shall be due and payable. This amount
shall be known as "Gross 30." If bills for such water service are
not paid within 30 days of the billing date thereof, such bills shall
be deemed delinquent and a penalty equal to 25% of the current Gross
30 amount of the bill shall be added to the amount of the bill and
collected as part thereof. When bills are paid by mail, the date of
the postmark will be considered the date of the payment.
3.
Whenever any bill for water service furnished to a consumer shall
remain unpaid for a period in excess of 30 days after the date thereof,
the Township shall mail a delinquency notice to the consumer, which
notice shall inform the customer of the delinquency and the penalty
and shall declare the intention of the Township to shut off and discontinue
water service. Water service will not be restored until the bill,
including penalties, together with a turn-off and turn-on charge of
$10 each, has been paid.
4.
Whenever water service to any consumer unit shall begin after the
first day or shall terminate before the last day of any billing period,
the water rates, rents and charges for such period shall be prorated
equitably for that portion of the billing period during which service
was provided by the Township.
5.
Each bill for water service shall be made out in the name of the
consumer. Each consumer shall provide the Township with, and thereafter
shall keep the Township advised of, his correct address. Failure to
receive a bill for water service shall not be considered an excuse
for nonpayment, nor shall such failure result in an extension of the
period of time during which such bill shall be payable without penalty.
6.
No allowance or rebate will be made for unoccupied property unless
and until: the consumer shall have notified the Township of such vacancy
in writing; and such vacancy shall continue for at least 30 days.
In any such event, service shall be restored only upon the execution
of a new application therefor.
[Ord. 55, 9/8/1961, § 4; as amended by Ord. 8-90-326,
8/9/1990, § 2]
1.
Where the consumer is also the owner of the property to be served,
the application to the Township for water service shall be made by
such owner.
A.
Where the consumer is not the owner of the property to be served,
the application to the Township for water service shall be made jointly
by the owner and each consumer. In such case, the owner shall be legally
responsible for all bills rendered to consumers occupying property
of the owner.
B.
Such application for service shall be made on a form to be provided
by the Township and shall be accompanied by such maps, reports or
other data as may be required by the Township.
2.
Making application to the Township for water service shall constitute
an agreement by the applicant or applicants to comply with all rules
and regulations of the Authority or the Township relating to the water
system and shall constitute a grant to the Township of authorization
for its properly authorized and identified representatives to have
full and free access to the property to be served at all reasonable
times for the purpose of reading meters, for inspection and repairs,
for removal of property of the Township or for any other purpose incident
to rendering water service. It shall be mandatory that every inside
water meter be read by the Township meter reader at least once in
every twelve-month period and upon the transfer of ownership of any
property within the Township.
[Ord. 55, 9/8/1961, § 5; as amended by Ord. 170,
12/13/1973, § 2; and by Ord. 01-2010-554, 1/28/2010]
1.
Use of Water. Water supplied by the Township may be used for all
residential, business, industrial, agricultural, public or other legal
purposes; provided, however, that the Township reserves the right
to impose at any time such restrictions in the use of water as may
become necessary due to accidents, breakdowns, shortages of water,
temporary discontinuance of water service to make necessary repairs,
removals or replacements or other unavoidable emergencies. Every effort
will be made to notify consumers before service is interrupted. However,
no deduction in water rates will be allowed for failure on the part
of the Township to supply water, and the Township shall not be responsible
for any losses due to inability to supply water.
2.
Meter Service. Except for those consumers being charged for water service on a flat-rate basis, as provided in § 26-102, and, except upon special written permission granted by the Township, each consumer unit shall be required to have installed a water meter to measure the quantity of water consumed. Each such meter shall be furnished by the Township or the Authority and installed by the Township or the Authority, or by the owner in accordance with rules and regulations adopted by the Township or the Authority. All meters shall remain the property of the Township or the Authority.
3.
Multiple Consumer Units. In any case where the Township grants written permission for more than one consumer unit to be served through a common water meter a multiple consumption charge per quarter shall be imposed for such service, which charge shall be calculated in the following manner: (i) the total consumption through such service connection and meter shall be divided by the number of consumer units served thereby; (ii) the schedule of water rates, rents and charges established under § 26-102, Subsection 1A, shall be applied to the resultant quotient; and (iii) the resultant pro-rata charge for each consumer unit shall be multiplied by the number of consumer units served through such service connection and water meter to arrive at the total bill for all consumer units served through he common meter and service connection; provided, however, that there shall be charged a minimum quarterly charge for each consumer unit as follows:
A.
Where two, three or four consumer units are served through one connection
and one meter, each such consumer unit shall be charged a minimum
charge of $11.50 per quarter.
B.
Where four or more consumer units are served through one connection
and one meter, each such consumer unit shall be charged a minimum
charge of $10.50 per quarter.
[Ord. 55, 9/8/1961, § 6]
1.
Deposits may be required from consumers taking service for a period
of less than 30 days in an amount equal to the estimated gross bill
for such temporary period. Deposits may be required from all other
consumers, provided that in no instance may deposits be required in
excess of the estimated gross bill for any single billing period plus
one month (the maximum period not to exceed four months), with a minimum
of $5.
2.
Deposits secured from a consumer shall be returned to the depositor
when he shall have paid undisputed bills for service over a period
of 12 consecutive months; and any such consumer, having secured the
return of a deposit, shall not be required to make a new deposit unless
the service has been discontinued or the consumer's credit standing
impaired through failure to comply with provisions hereof.
3.
The payment of any undisputed bill shall be payment of the bill with
or without penalty within 30 days following the period for which the
bill was rendered or payment within 30 days following the presentation
of the bill, or the payment of any contested bill, payment of which
is withheld beyond the period herein mentioned, where the dispute
is terminated substantially in favor of the consumer and payment made
by the consumer within 10 days thereafter.
[Ord. 55, 9/8/1961, § 7]
When the ownership of a property changes from one person to
another, the previous owner shall notify the Township, in writing
and in advance, of the date of discontinuance of the service under
his ownership. Should the owner fail to give such notice, he shall
be responsible for all charges up to and including the date the new
owner makes application for service. The new owner shall make application
for service in the same manner as for a new service.
[Ord. 55, 9/8/1961, § 8]
1.
The Township reserves the right to remove and test any meter at any
time and, if such meter is found to be inaccurate, to substitute another
meter of the same size in its place, either permanently or temporarily.
2.
In case of a disputed account involving the accuracy of a meter,
such meter will be tested by the Township upon the written request
of the consumer. In the event the meter tested is found to have an
error in the registration greater than 2%, plus or minus, the cost
of the test will be borne by the Township, and the bills will be adjusted
accordingly. Should the meter be found to be correct, the cost for
testing shall be billed to the consumer on the next quarterly bill
submitted.
[Ord. 55, 9/8/1961, § 9]
1.
Temporary water service for building construction purposes will be
furnished from fire hydrants or other special hydrants at the rates
herein specified. Such services will be rendered only upon application
and through a special connection which the Township will place on
the hydrant. No hydrant connection shall be used at other than the
designated location without permission from the Township.
2.
The consumer shall take care not to waste water through a temporary connection. Should it be found that an unnecessary amount of water is being used, the Township reserves the right to eliminate the connection at once, or it may place a meter thereon, in which case the expense of the change shall be paid by the consumer. Thereafter, the water rates, rents and charges set forth in § 26-102, Subsection 1A, shall be applicable to such service.
4.
The consumer shall be responsible for the care and condition of a
meter placed on temporary connections and shall place it in a meter
box if considered necessary by the Township.
[Ord. 55, 9/8/1961, § 10; as amended by Ord. 5-96-414,
5/9/1996]
Subject to provision of § 26-103, Subsection 3, upon failure of any consumer to comply with any provision set forth herein or with any additional rules and regulations adopted by the Township relating to the water system, the Township may shut off water service subject to the cut-off and turn-on rates set forth in § 26-102 herein and any charges incurred by the adjacent communities.
[Ord. 55, 9/8/1961, § 11; as amended by Ord. 1-88-292,
1/4/1988]
1.
Water rates, rents and charges imposed by this Part 1, to the extent
permitted by law, shall be a lien on the property connected to and
served by the water system; and any such water rates, rents and charges
which shall be delinquent, to the extent permitted by law, shall be
filed as a lien against the property so connected to and served by
the water system, which lien shall be filed in the office of the Prothonotary
of Lehigh County, Pennsylvania, and shall be collected in the manner
provided by law for the filing and collecting of municipal claims.
2.
Proper officers of the Township are authorized and directed to do
all things and to take all legal action necessary to enforce collection
of water rates, rents and charges established and imposed and otherwise
to carry out provisions of this Part 1.
[Ord. 55, 9/8/1961, § 12]
1.
The Township, from time to time, in accordance with law, by appropriate
ordinance or resolution, may adopt such additional rules and regulations
as, in the opinion of the Board of Commissioners of the Township,
shall be desirable, beneficial or necessary for or in connection with
use and operation of the water system.
2.
Any such additional rules and regulations shall be construed in conjunction
with provisions hereof and shall become effective on the date fixed
by the Township upon adoption thereof.
[Ord. 55, 9/8/1961, § 14]
The Township reserves the right to repeal, amend, supplement or modify this Part 1 or any section thereof, or to change the water rates, rents and charges established and imposed by this Part 1 in such manner and at such times as, in the opinion of the Board of Commissioners of this Township, shall be necessary or desirable, all after due legal procedure.
[Ord. 7-89-312, 7/13/1989]
All costs and expenses for engineering, installation, street
restoration, and meter(s) for any connection to the Township public
water system shall be borne by the owner of the improved property;
and said owner shall indemnify and save harmless this Township from
all loss or damage that may be occasioned, directly or indirectly,
as a result of said connection to the Township public water system.
[Ord. 55, 9/8/1961; as added by Ord. 07-98-449, 7/9/1998]
1.
For all lots or contiguous lots in unified or coordinated development
improved with a commercial building greater than 100 feet from a public
water main; multiple principal residential and nonresidential buildings;
multiple nonresidential uses; or, for any residential property with
more than four units, a master meter shall be installed along the
public right-of-way.
A.
The master meter and meter pit, if necessary, shall be designed and
installed in accordance with Township standards.
B.
All costs for engineering, installation, street restoration and master
meters for any connection or for modification to any connection shall
be borne by the owner of the property, including any future repair,
maintenance or replacement.
C.
The proposed master meter installation shall be reviewed and approved
at the time of site plan or land development review by the Township.
If no site plan or land development plan is required by the Township,
then the proposed master meter installation shall be reviewed and
approved prior to issuance of a building permit for the lot. The type
of meter shall be approved by Salisbury Township prior to installation.
D.
Maintenance of the master meter and master meter pit, if necessary,
shall be the responsibility of the property owner, but an access easement
area of at least 400 square feet symmetrically located around the
pit and abutting the public right-of-way line shall be provided to
allow the water meter reader and other Township employees to access
the meter as necessary for Township business. The property owner shall
cause the meter to be calibrated annually, with the calibration completed
and evidence of the calibration to be submitted to the Township on
or before April 30 of every year. The calibration shall be performed
by either a factory-certified technician or a person approved by the
Salisbury Township Department of Public Works. The Township has the
right to refuse to accept the calibration results if there is reason
to believe the work is done inappropriately or the results appear
inaccurate. The Township also reserves the right to verify the calibration
or have the calibration done by a Township-approved, qualified professional.
E.
The type and location of the remote readout shall be approved by
the Township water meter reader and the Public Works Department.
