[Res. No. 4/8/1997, § 1]
Unless the context specifically indicates otherwise, the meaning
of terms used in this resolution shall be as follows:
Any improved property which shall be used, in whole or in
part, for sale or distribution of any product, commodity or article
or for performance or rendition of any service.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
one family or other group of persons living together or by a person
living alone, upon an improved property.
Equivalent dwelling unit, a unit of rate value applicable
to nondomestic establishments for purposes of establishing applicable
tapping fees, as follows:
|
User Classification
|
Equivalent Dwelling Unit(s)
| |||
|---|---|---|---|---|
|
(1)
|
Dwelling units
| |||
|
(a)
|
Single-family dwelling
|
1
| ||
|
(b)
|
Two-family dwelling
|
2
| ||
|
(c)
|
Multifamily or apartments, per unit
|
1
| ||
|
(d)
|
Mobile home (per pad)
|
1
| ||
|
(2)
|
Retail store
| |||
|
(a)
|
Ten or fewer employees
|
1
| ||
|
(b)
|
Each additional five employees or fraction thereof
|
1/2
| ||
|
(3)
|
Business or professional office
| |||
|
(a)
|
Ten or less employees
|
1
| ||
|
(b)
|
Each additional four employees or fraction thereof
|
1/2
| ||
|
(4)
|
Commercial business or industry not providing showers for employees
| |||
|
(a)
|
Ten or less employees
|
1
| ||
|
(b)
|
Each additional five employees or fraction thereof
|
1/2
| ||
|
(5)
|
Commercial business or industry providing showers for employees
| |||
|
(a)
|
Eight or less employees
|
1
| ||
|
(b)
|
Each additional four employees or fraction thereof
|
1/2
| ||
|
(6)
|
Hotel or motel (in addition to restaurant facilities) per rental
unit
|
1/2
| ||
|
(7)
|
Restaurant, club or tavern per 15 seats or fraction thereof
per meal service period (i.e., breakfast, lunch or dinner)
|
1
| ||
|
(8)
|
Church, firehouse
|
1
| ||
|
(9)
|
Service station or automobile repair garage (no wash facilities)
| |||
|
(a)
|
Two bays or less
|
2
| ||
|
(b)
|
Each additional bay
|
1/2
| ||
|
(10)
|
Laundromat, per four washing machines or fraction thereof
|
1
| ||
|
(11)
|
Car washing establishment, per bay
|
1
| ||
|
(12)
|
Bowling alley (in addition to restaurant facilities) per six
lanes or fraction thereof
|
1
| ||
|
(13)
|
Barber shop (hair cutting only)
| |||
|
(a)
|
Two chairs or less
|
1
| ||
|
(b)
|
Each additional chair
|
1/2
| ||
|
(14)
|
Beauty shop
| |||
|
(a)
|
One chair
|
1
| ||
|
(b)
|
Each additional chair
|
1/2
| ||
|
(15)
|
Schools
| |||
|
(a)
|
With toilet facilities, per 30 persons or fraction thereof
|
1
| ||
|
(b)
|
With toilet and cafeteria facilities, per 20 persons or fraction
thereof
|
1
| ||
|
(c)
|
With toilet and gym facilities, per 20 persons or fraction thereof
|
1
| ||
|
(d)
|
With toilet, gym and cafeteria facilities, per 15 persons or
fraction thereof
|
1
| ||
|
(16)
|
Movie theater, per 75 seats or fraction thereof
|
1
| ||
|
(17)
|
Funeral home
|
1
| ||
|
(18)
|
Hospital, per bed
|
1/2
| ||
|
(19)
|
Swimming pool, per 10,000 gallon capacity or fraction thereof
|
1/10
| ||
|
(20)
|
Improved property, with a one-half horsepower or larger garbage
grinder or disposal
| |||
|
(a)
|
Additional number of EDUs per grinder
|
1/5
| ||
Any property upon which there is erected a structure or structures
intended for continuous or periodic habitation, occupancy or use by
human beings or animals and from which structure or structures sanitary
sewage and/or industrial wastes shall be or may be discharged.
Improved property which shall be used, in whole or in part,
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which any process waste,
as distinct from sanitary sewage, shall be discharged.
Solid, liquid or gaseous substances or forms of energy rejected
or escaping in the course of any industrial, manufacturing, trade
or business process or in the course of development, recovery or processing
of natural resources, as distinct from sanitary sewage, including
such ground, surface or stormwater as may be present.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Normal water-carried household and toilet wastes, including
such ground, surface or stormwater as may be present.
Any pipe or conduit constituting a part of the sewer system
which shall be used or usable for collection of sanitary sewage and
industrial wastes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and
industrial wastes, acquired, constructed, owned and operated by the
Township to serve the Village of Fernville.
The Township of Hemlock, a second class Township organized
pursuant to the laws of the Commonwealth of Pennsylvania.
[Res. No. 4/8/1997, § 2]
Sewer rates and other charges established under § 18-213 hereof are imposed upon and shall be collected from the owner of each improved property which shall be connected with the sewer system, whether the benefit resulting from such connection shall be direct or indirect, which sewer rates and other charges shall commence and shall be effective for sewer service rendered on and after the date of connection of such improved property to the sewer system and shall be payable as provided in this resolution. At the discretion of the Township, the Township may impose sewer rates and other charges established under § 18-213 hereof upon an owner of improved property who refuses to connect such improved property to the sewer system, as compensation for the availability of services by the Township in connection with the sewer system.
[Res. No. 4/8/1997, § 3]
1.
Sewer rates and other charges for sanitary sewage discharged into the sewer System from all dwelling units and from any commercial establishment where the volume of water usage is not metered, shall be a flat rate charge, based upon the number of EDUs constituting such property, of $_____ per year, per EDU, which shall be payable at the rate of $_____ per month per EDU in accordance with the user classifications set forth in the definition of "EDU" in § 18-211.
2.
Sewer rates and other charges for sanitary sewage discharged into
the sewer system from any improved property constituting a commercial
establishment or an industrial establishment where volume of water
usage shall be metered by the Township or otherwise, shall be based
on metered water usage, as follows.
|
The monthly rates for service and the corresponding monthly
allowance of gallons are as follows:
|
|
Monthly Allowance of Gallons
(or any part thereof)
|
Monthly Rate
|
|---|---|
|
0 to 4,000 gallons per month
|
$_____
|
|
All flows over 4,000 gallons per month
|
$_____ per 1,000 gallons
|
3.
Notwithstanding provisions of Subsections 1 and 2 of this section, in the event the owner of any improved property constituting a commercial establishment or an industrial establishment and the Township shall agree, in writing, that the method set forth in the foregoing Subsections 1 and 2 of this section of computing sewer rates and other charges for sanitary sewage discharged into the sewer system from such improved property shall be impracticable because such establishment shall not be metered or because of the difficulty of satisfactorily determining volume of water usage, or volume of water usage, as adjusted, or actual metered volume of discharge, as provided for or permitted in this resolution, the sewer rates and other charges for sanitary sewage discharged into the sewer system shall be computed in a manner as determined by the Township. Nothing in this subsection shall prohibit the owner of an improved property constituting a commercial establishment or an industrial establishment, at any subsequent time, from complying with applicable provisions of this resolution so that subsequent sewer rates and other charges can be computed by the Township in accordance with Subsections 1 and 2 of this section.
[Res. No. 4/8/1997, § 4]
1.
Sewer rates and other charges imposed by this Part shall be payable
on a monthly basis, on the first day of each calendar month, and shall
cover a billing period consisting of the immediately preceding month(s).
The provisions set forth above in this subsection notwithstanding,
the owner of an improved property and the Township may agree from
time to time, upon such other billing dates and periods as may be
appropriate or desirable; provided, however, that billings shall be
rendered for periods not less frequent than quarter annum periods.
2.
All bills for sewer rates and other charges shall be payable upon the date thereof and the appropriate amount, computed in accordance with this resolution, shall constitute the net bill. If sewer rates and other charges shall not be paid within 30 calendar days after the applicable date upon which such shall be payable, an additional sum of 10% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill, which gross bill shall be then due and payable. If the gross bill shall not be paid within 30 calendar days after the applicable date upon which such shall be payable, the gross bill shall be deemed to be a delinquent bill and shall bear interest at the maximum rate permitted by law. Payment made or mailed and postmarked on or before the last day of the applicable 30 calendar day period shall constitute payment within such period. If the end of such 30 calendar day period shall fall on a legal holiday or a Sunday, payment which shall be made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. In the event sewer rates and other charges imposed under provisions of this resolution shall become applicable to any improved property constituting a dwelling unit, commercial establishment or industrial establishment during a billing period, as set forth in Subsection 1 of this section, or in the event service to any improved property constituting a dwelling unit, commercial establishment or industrial establishment shall begin after the first day or shall terminate before the last day of any billing period, as set forth in Subsection 1 of this section, sewer rates and other charges for such billing period not based upon volume of water usage shall be prorated equitably, as appropriate, for the applicable portion of the billing period.
3.
Every owner of an improved property which is connected to the sewer
system initially shall provide the Township with and thereafter shall
keep the Township advised of his correct address. Failure of any person
to receive appropriate bills for sewer rates and other charges 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.
[Res. No. 4-8-1997, 4/8/1997,
§ 5; as amended by Res. No. 4-8-03, 4/8/2003, § 1]
1.
Sewer rates and other charges imposed by this Part shall be a lien
on the improved property connected to and served by the sewer system;
and, such sewer rates and other charges which shall be delinquent
shall be filed as a lien against the improved property so connected
to and served by the sewer system, which lien shall be filed and shall
be collected in the manner provided by law for collection of municipal
claims.
[Res. No. 4/8/1997, § 6]
1.
Methods of Measuring Volume.
A.
Except as otherwise permitted in this Part, whenever the entire water
supply of an improved property constituting a commercial establishment
or an industrial establishment which shall discharge sanitary sewage
and/or industrial wastes into the sewer system shall be supplied by
the public water system, the volume of water furnished, as determined
from meter readings of the public water system, shall be used as the
measure of discharge of sanitary sewage and/or industrial wastes in
computing sewer rates and other charges, subject to adjustment, if
appropriate, as provided in this Part.
B.
Except as otherwise permitted in this Part, whenever an improved
property constituting a commercial establishment or an industrial
establishment which shall discharge sanitary sewage and/or industrial
wastes into the sewer system shall have a source or sources of water
supply in addition to or other than the public water system, the owner
of such improved property shall provide a meter on such additional
or other source or sources of water supply. The total volume of water
consumed, as determined from the meter readings of the public water
system and the meter readings of the meter or meters on such additional
or other source or sources of water supply, or the meter readings
of the meter or meters on such other source or sources of water supply,
as appropriate, shall be used as the measure of discharge of sanitary
sewage and/or industrial wastes in computing the sewer rates and other
charges, subject to adjustment, if appropriate, as provided in this
Part.
C.
Except as otherwise permitted in this Part, whenever an improved
property constituting a commercial establishment or an industrial
establishment shall use water from the public water system or water
from the public water system and/or water from a source or sources
of supply in addition to or other than the public water system, and
all or part of the water so used shall not be discharged into the
sewer system, the volume used as the measure of discharge of sanitary
sewage and/or industrial wastes in computing sewer rates and other
charges may be adjusted by one of the following methods:
(1)
By installing a meter or other measuring device on the connection
to the sewer system. The readings from such meter or measuring device
shall be used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing sewer rates and other charges.
(2)
By installing a meter or other measuring device to measure the
volume not being discharged into the sewer system. The readings from
such meter or measuring device shall be deducted from the total water
meter readings and the remainder shall be used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rates
and other charges.
(3)
If it is not practical, in the opinion of the Township, to install
a meter or other measuring device to determine continuously the volume
not discharged into the sewer system, the Township shall determine,
in such manner and by such method as it may prescribe, the percentage
of metered water which is being discharged into the sewer system.
The quantity of water used as the measure of discharge of sanitary
sewage and/or industrial wastes in computing sewer rates and other
charges shall be the percentage so determined of the quantity measured
by the water meter or meters. Any dispute as to such estimated percentage
shall be submitted to the Township, after notice of such estimate.
The decision of the Township with respect to the matter shall be final
for the then current calendar year.
2.
Measuring Devices. Meters or other measuring devices which shall
be required or permitted under this section, other than meters of
the public water system, shall be furnished and installed by the owner
of the improved property, at his expense, shall be under the control
of the Township and may be tested, inspected or repaired by the Township
whenever necessary. The owner of the improved property shall be responsible
for the maintenance and safekeeping of such meter or other measuring
device; and all repairs thereto shall be made at the expense of the
owner, whether such repairs shall be made necessary by ordinary wear
and tear or other cause. Bills for such repairs, if made by the Township,
shall be due and payable immediately upon completion of such repairs
and shall be collected in the same manner as monthly bills for sewer
rates and other charges.
3.
Meter Readings. The Township shall be responsible for the reading
of all meters or other measuring devices required or permitted under
this section, other than those owned and read by the public water
system, and the same shall be available to the Township for such purpose
at all reasonable times.
[Res. No. 4/8/1997, § 7]
The Township shall have the right of access at reasonable times
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, measurement, sampling
and testing and for performance of other functions relating to service
rendered by the Township through the sewer system.
[Res. No. 4/8/1997, § 8]
The owner of each improved property connected to the sewer system
shall be responsible for all acts of tenants or other occupants of
such improved property in so far as such acts shall be governed by
provisions of this Part.
[Res. No. 4/8/1997, § 9]
1.
Notwithstanding any provision of this Part to the contrary, all wastes
discharged to the sewer system shall conform to the rules and regulations
of the Township governing the quantity and quality of wastes discharged
to the sewer system of the Township.
2.
The Township reserves the right to adopt and promulgate, from time
to time, additional classifications and sewer rates and other charges
therefor, or modifications of the schedule of sewer rates and other
charges as set forth in this Part, which additional classifications
and sewer rates and other charges, or modifications, as the case may
be, shall be construed as a part of this Part.
3.
The Township reserves the right to adopt and promulgate, from time
to time, such additional rules and regulations as it shall deem necessary
and proper for the use and operation of the sewer system, which rules
and regulations shall be construed as a part of this Part.
[Res. No. 4/8/1997, § 10]
All sewer rates and other charges shall be payable to the Treasurer
of this Township or to such other officer or representative of this
Township as shall be authorized, from time to time, by resolution
of this Township, to accept payment thereof. The Treasurer or such
other duly authorized officer or representative of this Township shall
pay over to a depositary designated by the Township by resolution,
all sewer rates and other charges received within seven days of receipt
thereof, together with a statement showing the total amount collected.
Until so paid over, the Treasurer or other duly authorized officer
or representative of this Township shall segregate all such sewer
rates and other charges so collected in an account separate and distinct
from all other funds of this Township and shall hold the same in trust
for purposes set forth in aforesaid resolution.
