[Last amended 4-11-2018 by Ord. No. 440]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Part l shall be as follows:
Any structure or store, office or other unit thereof intended
to be used wholly or in part for the purposes of carrying on a trade,
business or profession or for social, amusement, educational, charitable
or public use.
Any single-family detached dwelling, semidetached dwelling,
attached dwelling, row house or townhouse, as well as any separate
or independent living unit within or forming a part of any duplex,
quadraplex, apartment building or other multifamily residential dwelling,
however denominated . Thus, an apartment building containing five
apartments shall be deemed to contain five dwelling units for the
purpose of computation of sewer rentals, tapping fees and other similar
charges. A building or lot containing a commercial or industrial or
other nonresidential use and a residential dwelling unit shall be
deemed to impose upon the land and the owners thereof sewer rentals,
tapping fees and other similar charges computed based upon the charges
and tapping fees imposed for the commercial use, plus the charges
and tapping fees imposed upon the residential use, notwithstanding
the fact that there may be but a single sewer line or lateral entering
the sewer system.
A standard unit of measure for which residential sewer rents
and charges are billed at a rate and term established by resolution
of the Board of Supervisors.
Any structure or separate unit thereof intended to be used
wholly or in part for the manufacturing, fabricating, processing,
cleaning, laundering or assembly of any product, commodity or article.
Any solids, liquids or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade or
business process, or from the development, recovery or processing
of natural resources and distinct from sanitary sewage.
A building containing two or more dwelling units, including,
but not limited to, a quadraplex, townhouse (single-family attached),
apartment buildings, and other similar building types where the dwelling
units are connected directly to the sewer system with a single lateral.
Any person or persons vested with ownership, legal or equitable,
sole or partial, of any property located within the Township. The
owners of a property are those persons listed in the records of the
Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any lot or parcel of ground within the Township upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
The domestic water or normal wastewater carried from households
and toilet wastes from residences, business buildings, and commercial,
institutional and industrial establishments.
The system of pipes and facilities operated by the Township
for the collection of sanitary sewage and acceptable industrial wastes
in and for the Township.
All facilities operated by the Township for the collection
and disposal of sanitary sewage and acceptable industrial wastes in
and for the Township.
Charges to be assessed against any person making a connection to the sewer system or modifying an existing unit or changing the type of use of a property previously connected at the rates calculated on a per gallons per day of capacity basis as established by resolution of the Board of Supervisors in accordance with § 253-5.
Is mandatory; "may" is permissive.
An individual, freestanding dwelling unit occupied by a single
family individually connected directly to the sewer system.
The Township of West Whiteland, Chester County, Pennsylvania.
An engineer employed by the Township or his or her designee,
including a designated consulting engineer appointed by the Township.
A specific purpose for which land or a building is designed,
arranged, intended for or for which it is or may be occupied or maintained;
and as covered by use regulations in the Zoning Ordinance of the Township.[1]
That public agency or private company providing water service
to customers connected to the sewer system.
A.
There is hereby imposed, upon each property located within the Township
served by the sewer system and having the use thereof, sewer rents
or charges payable as hereinafter provided, for the use, whether direct
or indirect, of the sewer system, based upon the schedules of classifications
and rates adopted by resolution of the Board of Supervisors.
B.
The owners, jointly and severally, of the property served by the sewer system and having the use thereof shall be responsible for payment of the sewer rents and charges, penalties, interest, costs of collection and reasonable attorneys' fees imposed by this chapter and Chapter 33, Municipal Debt Collection and Attorney Fees, of the Code of the Township of West Whiteland. The bills for sewer rents or charges provided for in § 253-7A hereof and any other bill applicable to a property shall be mailed by first-class mail, postage prepaid, to the owner of each property served and having the use of the sewer system, to the address set forth in Township records. The owner and not the Township is responsible for back-billing or rebilling any charge to a tenant.
Each dwelling unit shall be subject to an annual fixed sewer
rental per EDU. The rates, classifications and payment terms shall
be set by resolution of the Board of Supervisors.
A.
Volume-based rates. Each nonresidential use shall be subject to a
sewer rental based upon the quantity of water used for the preceding
quarter. The rates, classifications and payment terms shall be set
by resolution of the Board of Supervisors. For users connected to
public water, the sewer rates or charges shall be based on the quantity
of water used as evidenced by meter readings of the water company.
For users not connected to public water, the sewer rates or charges
shall be based upon the average gallons per day of sewage capacity
assigned to the property in accordance with the records of the Township.
If the owner of the property disagrees with the average gallons per
day of sewage capacity assigned to the property, the owner may submit
volume estimates prepared by a professional engineer licensed in the
Commonwealth of Pennsylvania skilled in the field of wastewater treatment
and operations for review by the Township Engineer. Upon recommendation
by the Township Engineer, the Township Manager may approve a change
in the average gallons per day of sewage capacity assigned to the
property. Any dispute as to the estimated volumes and associated sewer
rentals that cannot be resolved with the Township Manager shall be
submitted to the Board of Supervisors, whose decision shall be final.
B.
Minimum rates. Regardless of water consumption, the minimum charge
for sanitary sewage from industrial, commercial and institutional
establishments shall not be less than the minimum rates established
by resolution of the Board of Supervisors.
C.
Multiple uses. In each case of a combination of one or more commercial,
industrial or institutional establishments in one property, all having
the use of the sewer system through one sewer connection, then each
such establishment shall be charged the above-mentioned minimum rate
as though each were separately connected to the sewer system, and
if there is only one water meter for any such combination, the Township
may estimate the amount of water used by each individual establishment
if necessary, provided that the owner and not the Township is responsible
for back-billing or rebilling any charge to a tenant.
D.
Water usage adjustments. The Township Engineer shall determine the
average water usage to be used in calculating fees when the preponderance
of evidence indicates that the usage data from the water company is
in error or incomplete or if the preponderance of evidence indicates
that all or part of the amount of water usage depicted by the water
meter did not enter the sewer system.
E.
Other uses. The sewer rentals for properties or uses not listed in
the resolution of the Board of Supervisors shall be determined by
the Township Engineer's estimate of sewer usage for the relevant
type of property or use (or the most similar type of sewer use). If
the owner of the property disagrees with the estimate of sewer usage,
the owner may submit an estimate prepared by a professional engineer
licensed in the Commonwealth of Pennsylvania skilled in the field
of wastewater treatment and operations for review by the Township
Engineer. Upon recommendation by the Township Engineer, the Township
Manager may approve a change in the estimate of sewer usage for the
property. Any dispute which cannot be resolved by the Township Manager
shall be submitted to the Board of Supervisors, whose decision on
the matter shall be final.
A.
There is hereby fixed and imposed upon the owner of each property
making any connection to the sewer system directly or indirectly,
regardless of whether such property is connected separately or through
one or more existing or new lateral sewers or sewer connections or
collection lines owned by any owner other than the Township, a sewer
tapping fee for each property as established by resolution of the
Board of Supervisors. The minimum sewer tapping fee for each connection
shall be as established by resolution of the Board of Supervisors.
C.
Application for connection. An applicant for a connection to the
sewer system shall provide to the Township data in a format acceptable
to the Township Engineer that substantiates the proposed use or uses
and the reasonably anticipated sewer usage in average gallons per
day for the property to be connected. Capacity allocations for the
purpose of determining the tapping fee shall be based on maximum daily
wastewater flow (including reasonable allowances for infiltration/inflow).
The Township Engineer shall review documentation of anticipated sewer
usage and establish the required tapping fee. If the owner of the
property disagrees with the capacity determination, the owner may
submit volume estimates prepared by a professional engineer licensed
in the Commonwealth of Pennsylvania skilled in the field of wastewater
treatment and operations for review by the Township Engineer. Upon
recommendation by the Township Engineer, the Township Manager may
approve a change in the capacity assigned to the property. Any dispute
as to the estimated volumes and associated sewer tapping fees that
cannot be resolved with the Township Manager shall be submitted to
the Board of Supervisors, whose decision shall be final.
D.
No sewer capacity shall be guaranteed for a property until the sewer
tapping fees have been paid.
A.
General. Where any building, other than a single-family detached dwelling, connected to the sewer system shall be converted, enlarged or remodeled, or where the property shall have additional buildings constructed and connected indirectly to the sewer system through an existing lateral or a change in use, resulting in usage in excess of the sewage capacity assigned to the property, additional tapping fees, in accordance with § 253-5, for each such additional use shall be payable by the owner of the property.
B.
All uses. The Township shall have the right at any time to investigate
the actual sewer usage of any property so connected in order to verify
that the actual sewer usage conforms to the sewage capacity assigned
to the property, and to impose supplemental or additional sewer tapping
fees if the actual consumption exceeds the anticipated usage. If records
show the usage is in excess of the sewage capacity assigned to the
property, additional tapping fees shall be payable by the owner of
the property.
C.
Application to increase usage. No commercial, institutional, or industrial
establishment shall increase its sewer usage beyond the capacity set
forth in its original application for connection, or as determined
by the Township at the time of connection, or beyond its existing
usage on June 28, 1992, without first making application to the Township
for such increased usage by the Township and obtaining the written
approval of the Township. All applicants shall pay to the Township
such additional tapping fees, as established by resolution of the
Board of Supervisors.
D.
Decreased usage. No refund, rebate or credit of tapping fees shall
be made in the event of a decrease in sewer usage.
E.
Transfer of sewage capacity.
(1)
Sewage capacity allocated and paid for any distinct lot, parcel or
property shall not be transferable to any other lot, parcel or property.
(2)
Sewage capacity allocated and paid for a recorded land development
consisting of multiple distinct lots, parcels or properties may be
transferable to any lot, parcel or property within the recorded land
development.
A.
The billing period, the time of billing and due dates for sewer rentals
shall be established by resolution of the Board of Supervisors. The
Township may grant a hardship exemption to pay the sewer rental upon
written application by an owner of a private dwelling in accordance
with regulations adopted by the Board of Supervisors.
B.
Sewer tapping fees shall be due and payable at the time of application for connection to the sewer system, or prior to the Township's issuance of a building permit or use and occupancy permit, as applicable. For increased sewer use or a change in use, the additional tapping fees shall be due and payable upon billing by the Township in accordance with§ 253-8B.
A.
Charges for sewer service shall be deemed delinquent and subject
to a penalty of 10% if not paid by the due dates established by resolution
of the Board of Supervisors and detailed on the bill. All sewer rentals,
together with all interest and penalties thereon, not paid on or before
90 days from the date of each bill, shall be deemed to be delinquent.
All delinquent sewer rentals and all penalties thereon shall be a
lien against such property in the office of the Prothonotary of Chester
County and shall be collected in the manner provided by law for the
filing and collection of such liens.
B.
Sewer tapping fees and supplemental or additional sewer tapping fees
shall be subject to a penalty of 10% if not paid within 30 days of
the billing date. If not paid within 90 days after becoming due, the
bill plus the penalty, if unpaid, shall be deemed to be delinquent.
All delinquent sewer tapping fees and penalties thereon shall be a
lien against such property in the office of the Prothonotary of Chester
County and shall be collected in the manner provided by law for the
filing and collection of such liens.
C.
All persons connected to the sewer system must give the Township
their correct address. Failure to receive bills will not be considered
an excuse for nonpayment nor permit an extension of the period during
which bills are payable without penalty.
D.
These penalties shall be concurrent with all other remedies, legal
and equitable, available to the Township for collection of said rentals
and tapping fees, including but not limited to municipal lien and
assumpsit remedies.
A.
The funds received by the Township from the collection of the sewer
rentals and charges and all penalties thereon, as herein provided
for, and any fines collected by the Township in connection with the
sewer system, shall be segregated, earmarked and deposited in a separate
fund, to be designated "Sewer Operating Fund."
B.
The funds received by the Township from payment of sewer tapping
fees imposed and collected by the Township shall be deposited in the
Sewer Construction Fund.
In the event that the owner or operator of any nonresidential
establishment fails to conform or comply with the terms and conditions
of its agreement with the Township pertaining to the discharge of
its wastes which causes damage to the sewer system, the receiving
wastewater treatment plant or to any employee thereof, or the discharge
of any substance that kills fish, the owner or operator shall be liable
for the damages thereof. The limit of the damage shall be determined
by the Township where its facilities are involved, and the receiving
wastewater treatment plant where those facilities are involved, and
the owner or operator shall be billed therefor. Legal action may be
taken to enforce collection, and the Township may resort to the termination
of its connection to the sewer system.
Violations of any provision of this Part 1 which have heretofore not been addressed must be corrected within three days of written notice to comply with this Part 1. Each and every twenty-four-hour period after this three-day period shall constitute a separate violation. Any person who violates or permits the violation of any provision of this Part 1 shall be subject to a fine in the amount of at least $25, but not to exceed $1,000, plus all court costs, including reasonable attorney fees incurred by the Township. Upon a finding of liability for committing said violation or permitting said violation, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, plus all court costs, including attorney fees. No judgment shall be imposed until the date of determination of a violation by a District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
