[Adopted 9-25-2017 by Ord. No. 7-2017]
The Board of Supervisors hereby establishes the Sugartown Road
Sewer District comprising the territory including School Lane (T-661)
and Sugartown Road (SR2022), as more specifically detailed in the
plan for the Sugartown Road Sewer Extension Project prepared by NePo
Associates, Inc., dated April 6, 2017. The district shall include
those residential properties on both sides of Sugartown Road from
its intersection with School Lane south to the terminus of the sewer
extension as depicted on the above plan.
A.
In addition to any other connection, customer facilities or tapping
fees fixed and imposed under this chapter, there is hereby fixed and
imposed upon the owner of each property situated within the Sugartown
Road District a special purpose tapping fee (collection part) of $4,596.89
per equivalent dwelling unit (EDU) of capacity required for connection.
B.
Capacity allocations for the purpose of determining the tapping fee
shall be determined on the basis of a total wastewater flow (including
water use and an average infiltration/inflow allowance) of 229.5 gallons
per day per EDU. Each private dwelling unit or living unit (including
each house, townhouse, condominium or apartment unit) shall have an
EDU value of one EDU per unit. The EDU value of any other uses shall
be determined by the Township.
C.
Where two or more buildings are connected to the sewer system through
a single service connection or where two or more uses are made of
the same improved property, the tapping fee determination shall be
computed as though such building and each type of use were separate
improved properties or uses with separate sewer connections.
D.
Where any building connected to the sewer system shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected directly to the sewer system through an existing lateral or connected directly through a new lateral so as to create or establish more extensive use or additional uses as classified in Subsection B above, an additional tapping fee in accordance with Subsection A above, for each such additional use, shall be payable to the Township by the owner of the property so improved.
E.
The fees imposed hereunder shall be in addition to any rental or
other charges fixed, charged or imposed by the Township by reason
of the use, or availability for use, of the sewer system by such property.
The tapping fees established herein and all other connection,
customer facilities or tapping fees fixed and imposed under this chapter
shall be due and payable at the time of application for connection.
A.
Sewer tapping fees shall be subject to a penalty of 5% if not paid
on or before the 30th day after the billing date. These penalties
shall be concurrent with all other remedies, legal and equitable,
available to the Township for collection of said fees, including,
but not limited to, municipal lien and assumpsit remedies.
B.
All sewer tapping fees, together with all penalties and additional
fees thereon, not paid on or before the 30th day after the billing
date shall be deemed to be delinquent. It shall be the duty of the
Township to proceed to collect such delinquent fees, together with
penalties, additional fees and costs accrued thereon, including attorneys'
fees, either by action at law or by filing a lien or liens for the
same in the office of the Prothonotary of the Court of Common Pleas
of Chester County, Pennsylvania, and such liens, together with penalty,
costs, and interest accrued thereon, including attorneys' fees,
shall be filed and collected in accordance with the law. Interest
in the amount of 10% per annum shall begin to accrue on the date of
the filing of a lien.
Connection to the Sugartown Road Sewer System shall be required as provided in § 105-2 of this chapter.
No connection shall be made to the Sugartown Road Sewer System
except in compliance with this chapter and with the ordinances and
resolutions, as well as such rules and regulations which may, from
time to time, be enacted, adopted, approved or promulgated by the
Township.
The Township and its agents and employees shall have the right
of access to and may enter any building, property, lands, premises
or place as may be necessary to carry out the provisions of this article
and the rules and regulations promulgated hereunder. In connection
with such inspection or investigation, samples may be taken of any
solid, semisolid, liquid or contained gaseous material for analysis.
The provisions of this article are declared to be for the health,
safety and welfare of the citizens of the Township, and persons violating
any provisions of this article, upon conviction before any District
Justice, shall be fined not more than $1,000 and costs of prosecution
and collection activities or by imprisonment in the county jail for
a term not to exceed 30 days, or both such fine and imprisonment.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for such separate offense.
In addition to the penalties provided in § 105-135, the Township is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate any violations and remove any septic disposal system owned, operated or maintained in violation of the provisions of this article. Violations of this article are declared to be public nuisances, abatable as such.
The Township reserves the right to and may, from time to time,
adopt, revise, amend and readopt such rules and regulations as it
deems necessary and proper for the connection of properties to the
Sugartown Road Sewer System and for the use, maintenance and operation
of the Sugartown Road Sewer System, and all such rules and regulations
shall be and become a part of this article.
For all ordinances or resolutions or parts of ordinances or
resolutions, insofar as they are inconsistent herewith, the more stringent
ordinance or resolution shall apply.
This article and any rules and regulations hereunder shall become
effective immediately and shall be applicable to all properties within
the Sugartown Road Sewer District. The Township reserves the right
to make such changes from time to time as, in its opinion, may be
desirable or beneficial and to amend this article or to change the
fees in such manner and at such times as, in its opinion, may be advisable.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, invalidity or illegality shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared that, as the intent
of the Board of Supervisors of Willistown Township, this article would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
