Township of Lower Oxford, PA
Chester County
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[Ord. 5-2011, 10/12/2011]
The purpose of this Part is to establish the fees required for Lower Oxford Township to recoup the contribution of $500,000 that it made to the Chester Water Authority to induce them to run a public water line for certain residential areas of the Township and along the commercial area of Route 10 from its intersection with Conner Road.
[Ord. 5-2011, 10/12/2011]
The authority for the adoption of this cost recovery fee is found within the Second Class Township Code, enacted as P.L. 103, No. 69, May 1, 1933, reenacted and amended in 1995, P.L. 350, No. 60, § 1 et seq., as therein amended, supplemented and modified and reenacted by the General Assembly of Pennsylvania; and all such provisions are incorporated herein by reference thereto.
[Ord. 5-2011, 10/12/2011]
Effective five days after the adoption of this Part, there shall be imposed a fee for any connections to the water line owned and operated by the Chester Water Authority along the Pennsylvania Route 10 corridor from Conner Road to the Township border with the Borough of Oxford and to certain other residential properties adjacent to said line. The fee for the connection is established by this Part. In addition to the recovery fee, there is an administrative application fee of $50. The administrative application fee may be further amended by the fee resolution for Lower Oxford Township.
Effective five days after the adoption of this amendment,[1] there shall be imposed a fee for any connection to the water line owned and operated by the Chester Water Authority along that highway commonly called "Baltimore Pike" from the intersection with Ashmun Avenue to its intersection with Township Road and further along Township Road to its intersection with Conner Road and further along Conner Road to its intersection with Pennsylvania Route 10 and along the Pennsylvania Route 10 corridor from Conner Road to just past the intersection of Pennsylvania Route 10 and an unopened Township Road T-345. The fees for connection in the above-established area are as established in this Part.
[Added by Ord. 6-2011, 10/12/2011]
Editor's Note: This amendment became effective 12/19/2011.
The fee established under this Part is specifically for the purpose of the Township of Lower Oxford recovering the cost of its contribution to the Chester Water Authority as an inducement to build the line.
New water connection fees which are in the form of cost recovery charges for each connection to the water service area as established above are as follows:
For those entities whose sewer equivalent daily unit is determined to be one EDU, the cost recovery fee shall be $1,500.
For those locations with two or more EDUs as calculated by their sewage equivalent daily unit, the fee shall be $1,000 per unit.
The estimated revenue from the above-established fees based upon the calculation of the proposed users and connectors for the water system will total $480,000.
This Township fee is in addition to the tapping or connection fee charged by the Chester Water Authority for users in the above-established area.
All individuals seeking to connect to the Chester Water Authority water system in the above-established areas shall be required to submit a permit application to Lower Oxford Township on forms provided by the Township. No connection will be made until the fee, as established herein, has been paid to Lower Oxford Township. After the connection fee is paid to Lower Oxford Township, the Township will execute an authorization permit which shall be provided to the Chester Water Authority. Upon receipt of that authorization permit, the Chester Water Authority will proceed to act on the application for a connection.
[Ord. 5-2011, 10/12/2011]
The penalty for violation of this Part shall be $600. The violation shall mean attempting to secure a connection with the Oxford Area Sewer Authority without paying the fees imposed by this Part. If an individual, corporation or other entity violates the Part, the Township shall initiate a civil enforcement proceeding before a District Justice. The Township may also, in addition or in lieu of such action, use its authority to enforce this Part in equity.
Each day of a violation of this Part shall be considered a separate and distinct violation. In addition, any person who violates this Part and, after notice, refuses to come into compliance, requiring the Township to file the action at the District Justice or in another court, shall be liable to pay court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceeding.
Violation of this Part shall constitute a separate offense for each day in which said violation continues to exist.
[Ord. 5-2011, 10/12/2011]
If any sentence, clause or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Board of Supervisors of Lower Oxford Township that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
[Ord. 5-2011, 10/12/2011]
This Part shall become effective October 12, 2011, and shall continue thereafter without annual reenactment.