[Ord. No. 2019-02, 6/10/2019[1]]
1. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Subpart 1.A shall be as follows:
APPLICANT
Any owner, plumber, agent, or contractor of such owner, or tenant with the permission of such owner, who makes or causes to be made an application for connection to the sewer system and/or for any work involved in the construction of a building sewer.
AUTHORITY
Northwestern Lancaster County Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, of the commonwealth.[2]
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
COMMONWEALTH
The Commonwealth of Pennsylvania.
IMPROVED PROPERTY
Any property within this 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 sanitary sewage and/or nonresidential wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any improved property located within this Township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located within this Township from which wastes, in addition to or other than sanitary sewage, shall be discharged.
LATERAL
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line, or if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.
NONRESIDENTIAL WASTE
Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, trade, or commercial process or in the course of development, recovering or processing of natural resources, but not sanitary sewage.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or nonresidential wastes, situate in or adjacent to this Township and owned or to be owned by the Authority, and leased or to be leased to this Township for maintenance, operation and use.
STREET
Any street, road, lane, court, cul-de-sac, alley or public way or public square.
TOWNSHIP
The Township of Penn, Lancaster County, Pennsylvania, a township of the second class of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
[2]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[1]
Editor's Note: This ordinance also repealed former Part 1, Township Sewer System, adopted by Ord. No. 1991-5, 4/3/1991, as amended.
[Ord. No. 2019-02, 6/10/2019]
1. 
The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharge of all sanitary sewage and nonresidential waste from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township and/or the Authority, from time to time.
2. 
All sanitary sewage and nonresidential waste from any improved property, after connection of such improved property with the sewer system shall be required under Subsection 1, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township and/or the Authority, from time to time.
3. 
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or nonresidential waste in violation of Subsection 1. No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or nonresidential waste, except where suitable treatment has been provided which is satisfactory to this Township as indicated in writing by an authorized Township official.
4. 
Privy Vaults, Cesspools, Sinkholes, and Septic Tanks.
A. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer nor used or be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection 1 to be connected to a sewer.
B. 
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.
5. 
The notice by this Township to make a connection to the sewer system, referred to in Subsection 1, shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and nonresidential wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
6. 
If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Township, in accordance with Subsection 1, shall fail to connect such improved property, as required, the Authority may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law. In such case, the Authority shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Authority shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Ord. No. 2019-02, 6/10/2019]
1. 
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from the Authority. A separate permit shall be obtained for each building or structure.
2. 
Application for Permit.
A. 
The application for a permit shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
B. 
The applicant shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Authority may require plans, specifications or drawings and such other information as it may deem necessary.
C. 
If the Authority determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with this Part and the Rules and Regulations of the Authority, it shall issue the permit for which application has been made.
3. 
Cost of Permit.
A. 
There shall be no fee for the initial permit issued under this Part; provided, however, that if a permit is allowed to expire as provided in Subsection 9 herein, a fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority will be charged for each renewal permit; and provided further that if more than one inspection of a building sewer is required under this Part because of defective workmanship and/or materials, an inspection fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority will be charged for each additional inspection.
B. 
Any person who shall commence any work for which a permit is required by this Part without first having obtained a permit therefor shall, if subsequently issued a permit, pay a fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority for such permit; provided, however, that this provision shall not apply to emergency work when it shall be proven to the satisfaction of the Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all emergency cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a fee in an amount as established, from time to time, by resolution of the Board of Supervisors or the Board of the Authority, as herein provided, shall be charged. The payment of such fee shall not preclude the Township from exercising any other remedies which may be available to it at law, in equity or otherwise as a result of violation of this Code.
4. 
No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
A. 
Such person shall have notified the Secretary of this Township of the desire and intention to connect such improved property to a sewer.
B. 
Such person shall have applied for and shall have obtained a permit as required by Subsections 1 and 2.
C. 
Such person shall have given the Secretary of this Township at least 48 hours' notice of the time when such connection will be made so that the Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.
D. 
If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Township that all tapping and connection fees that may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer have been paid.
5. 
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the Authority, in writing, shall have been secured, and only subject to such rules, regulations and conditions as may be prescribed by the Authority.
6. 
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.
7. 
A building sewer shall be connected to a sewer at the place designated by the Authority and where, if applicable, the lateral is provided.
8. 
Before a permit is granted for work involving excavation and work in the streets or alleys in the Township, compliance with any state or Township road occupancy requirements shall be required, including compliance with all Township ordinances and any amendments thereto.
9. 
Every permit issued by the Authority under this Part shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 120 days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be resumed, a new permit shall be first obtained.
10. 
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Part. No permit presuming to give authority to violate or cancel the provisions of this Part shall be valid, except insofar as the work or use which it authorized is lawful.
11. 
The issuance or granting of a permit or approval of plans shall not prevent the Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Part or of any other ordinance or from revoking any certificate of approval when issued in error.
12. 
Applicant Requirements.
A. 
All applicants who perform any work involved in the construction of a building sewer must comply with the registration, insurance, fee and other administrative requirements as set forth in the Rules and Regulations for Construction of Water Systems and Sewer Systems, including all appendices, specifications and construction details contained therein, as adopted or to be adopted by the Authority and amended from time to time, and which are incorporated herein by reference and made a part hereof, or if adopted hereafter, will be incorporated herein by reference and made a part hereof at the time of adoption.
B. 
Prior to beginning work in the Township, every applicant performing work covered by this Part for a fee or any other form of compensation must register with the Authority, providing data relative to experience, business location and similar matters on the application as provided by the Authority. Applicants will also be required to acknowledge awareness of the Township's and Authority's rules and regulations governing construction of building sewers. Any changes in the data supplied on the original application must be supplied, in writing, to the Authority.
13. 
The construction of building sewers and each connection shall be made in accordance with the Authority's Rules and Regulations for Construction of Water Systems and Sewer Systems, including all appendices, specifications and construction details contained therein, as adopted or to be adopted by the Authority and amended from time to time, and which are incorporated herein by reference and made a part hereof, or if adopted hereafter, shall be incorporated herein by reference and made a part hereof at the time of adoption.
14. 
All Work to Be Inspected. All building sewer work requiring a permit hereunder shall be inspected by the Authority to ensure compliance with all the requirements of this Part and the Authority's rules and regulations.
15. 
Notification. It shall be the duty of the person completing the work authorized by the permit to notify the Authority that said work is ready for inspection. Such notification shall be given not less than 48 hours before the work is to be inspected.
16. 
Stop Orders. Whenever any work is being completed contrary to the provisions of this Part and the Authority's rules and regulations, the Authority or its authorized representative may order the work stopped by notice in writing served personally or by certified mail on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Authority to proceed with such work.
17. 
Suspension or Revocation. The Authority may, in writing, suspend or revoke a permit issued under provisions of this Part whenever the permit is issued in error on the basis of incorrect information supplied, or in violation of any local, state or federal law or regulation.
18. 
Appeals to Board of Supervisors. Appeals to the Board of Supervisors may be made by any person or by any Township official or agency aggrieved or affected by a decision of the Authority. Such appeals shall be taken within 30 days of such determination by the Authority by filing a notice of appeal with the Board of Supervisors specifying the grounds therefor. Hearing on such appeals shall be held and decision rendered thereon by the Board within 60 days from date of filing of the appeal. Any further appeals shall be governed by the applicable laws of the Commonwealth of Pennsylvania.
19. 
The Township reserves the right at any time, with or without cause, to revoke or revise the administrative powers of the Authority as authorized herein, by such legal means as are available to the Township.
20. 
Work Not Requiring Permit.
A. 
No permit shall be required in the case of any repair work for the stopping of leaks in drains, soil, waste or vent pipe.
B. 
No permit shall be required for cleaning or stoppages or the repairing of leaks in pipes, valves, or fixtures.
[Ord. No. 2019-02, 6/10/2019]
1. 
The Northwestern Lancaster County Authority is responsible for ensuring compliance with the technical requirements of this Part. Pursuant to the authorization provided herein and by the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., the Authority has established Rules and Regulations for Construction of Water Systems and Sewer Systems, which together with all appendices, specifications and construction details, has been or will be adopted by the Authority. The Authority may amend such Rules and Regulations as it deems necessary and may adopt other rules and regulations from time to time to supplement such Rules and Regulations. Such Rules and Regulations adopted by the Authority, together with all amendments and supplements thereto, shall be incorporated herein by reference and made a part hereof. As owner of the sewer system, the Authority shall perform the following duties:
A. 
Require submission of, examine and check drawings and specifications, descriptions, and/or diagrams when necessary to show clearly the character, kind and extent of work covered by applications for permits and, upon approval thereof, shall issue permits.
B. 
Keep a permanent and accurate account of the fees, if any, for permits issued and other monies collected and received as provided by this Part.
C. 
Administer and enforce the provisions of this Part in a manner consistent with the intent thereof and inspect building sewers authorized by any permit to assure compliance with provisions of this Part or amendments thereto, approving or disapproving said work in whole or in part as conditions require.
D. 
Issue, upon request, a certificate of approval for any work approved.
E. 
Disapprove and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Part and amendments thereto.
F. 
Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Part.
G. 
Investigate any construction or work regulated by this Part and issue such notices and orders as provided in § 18-102.5.
H. 
Keep a complete record of all the essential transactions of its office.
I. 
Transfer all fees collected to the proper authority provided by law to receive such funds.
J. 
To abate nuisances as set forth in § 18-105 of this Part.
2. 
The Authority shall have powers, including, but not limited to, the following:
A. 
To appoint an Authority Engineer and other consultants as are authorized to carry out the functions of the Authority.
B. 
Whenever necessary to make an inspection to enforce any of the provisions of this Part, or whenever the Authority or its authorized representative has reasonable cause (as that term has been applied by the courts to governmental inspections) to believe that there exists in any building or upon any premises any condition as set forth in § 18-105 of this Part, the Authority or its authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Authority by this Part, provided that if such building or premises be occupied, the Authority or its authorized representative shall first present proper credentials and request entry. If such building or premises be unoccupied, it shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry of either an occupied or unoccupied building is refused, the Authority or its authorized representative shall have recourse to every remedy provided by law to secure entry, including obtaining a search warrant. "Authorized representative" shall include the persons named in Subsection 2A herein.
3. 
In addition to the rules and regulations adopted by the Authority, the following shall apply to the construction of building sewers and the connection to the sewer system:
A. 
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
B. 
No building sewer shall be covered until it has been inspected and approved by the Authority. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer.
C. 
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D. 
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of the building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township or the Authority.
E. 
If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township or the Authority may refuse to permit such person to discharge sanitary sewage and nonresidential wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority in addition to other enforcement remedies provided in this Part.
F. 
The Authority reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part.
[Ord. No. 2019-02, 6/10/2019]
1. 
Any portion of a building sewer found by the Authority to be unsanitary is hereby declared to be a nuisance.
2. 
Whenever any construction or work regulated by this Part is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health or property or otherwise in violation of this Part, the Authority, upon determining reasonable cause exists, shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish the same as it may consider necessary for the proper protection of life, health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises on which said condition exists and shall specify the date or time for compliance with such order.
3. 
Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Part.
4. 
When any building sewer is maintained in violation of this Part and in violation of any notice issued pursuant to the provisions of this section, the Township or the Township Solicitor shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct or abate the violation or nuisance.
[Ord. No. 2019-02, 6/10/2019]
1. 
Any person who shall violate this Part 1 shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, and shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs of prosecution, including reasonable attorneys' fees incurred by the Township or the Authority in the enforcement proceedings, in each case and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
2. 
Fines and costs imposed under provisions of this Part 1 shall be enforceable and recoverable in the manner and at the time provided by applicable law.
3. 
The provisions of this Part 1 may be enforced through an action in equity in the Lancaster County Court of Common Pleas. The defendant may be assessed court costs and reasonable attorneys' fees incurred by the Township or Authority in such proceedings in addition to equitable relief and monetary penalties as set forth in § 18-106.2.
4. 
Any person violating any of the provisions of this Part 1, in addition to becoming liable for fines and costs of prosecution, including reasonable attorneys' fees, shall be liable to the Authority for any expense, loss or damage occasioned the Authority by reason of such violation, including, but not limited to, engineering and consulting fees.
[Ord. No. 2019-02, 6/10/2019]
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.
[Ord. No. 2019-02, 6/10/2019]
1. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Subpart 1.B shall be as follows:
AUTHORITY
Northwestern Lancaster County Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, of the commonwealth.[1]
BOARD
The Board of Supervisors, i.e., the elected officials acting as the governing body of the Township.
BUILDING SEWER
The sewer extension from the sewage drainage system of any improved property to the lateral serving such improved property.
COMMERCIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONNECTION ORDINANCE
Subpart 1.A of this Chapter 18, requiring all owners of improved property located in this Township and whose principal building is within 150 feet from a sewer to connect to such sewer and use the same in such manner as this Township may ordain.
DOMESTIC SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any improved property.
DWELLING UNIT
Any room, group of rooms, mobile home, house trailer, apartment unit, condominium unit, cooperative unit, building or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family or other discrete group of persons, excluding institutional dormitories.
EDUCATIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools.
EQUIVALENT DWELLING UNIT or EDU
The unit of measure by which any flat rate user charge shall be imposed upon each improved property, as determined by resolution of the Authority, which shall be deemed to constitute the estimated equivalent amount of domestic sanitary sewage discharged by a dwelling unit per day. The amount of sewage flow constituting one EDU is based on the most recent tapping fee calculation and may fluctuate.
IMPROVED PROPERTY
Any property 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 domestic sanitary sewage and/or nonresidential wastes shall be or may be discharged, which is located within the sewered area and subject to the Connection Ordinance.
INDUSTRIAL ESTABLISHMENT
Any improved property, used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property from which wastes, in addition to or other than domestic sanitary sewage, shall or may be discharged.
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and educational establishments, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
LATERAL
That part of the sewer system extending from a sewer normally located in the street right-of-way to the building sewer serving an improved property. If there shall be no improvement on the property, then "lateral" shall mean that part of the sewer system, extending from said sewer to the curb box or other point of future connection to the building sewer, if and when said property is improved.
MULTIPLE-USE IMPROVED PROPERTY
Any improved property upon which there shall exist any combination of any two or more of the following: a dwelling unit, a commercial establishment, an industrial establishment, an educational establishment or an institutional establishment.
NONRESIDENTIAL WASTE
Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, trade, or commercial process or in the course of development, recovering or processing of natural resources, but not sanitary sewage.
OWNER
Any person vested with title, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipal authorities, school districts and other units of government.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, at any particular time, acquired, constructed, operated, and/or owned by the Authority, and to be leased to the Township for operation and maintenance, under the terms of an agreement of lease, to be dated as of April 1, 1991, by and between the Authority, as lessor, and the Township, as lessee, and any supplements and amendments thereto, for collecting, pumping, transporting, treating and disposing of domestic sanitary sewage and/or nonresidential wastes.
SEWERED AREA
That area of the Township served by the sewer system as determined and designated, from time to time, by the Township and the Authority.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use, and such streets as are owned by private persons.
TOWNSHIP
The Township of Penn, Lancaster County, Pennsylvania, a political subdivision of the commonwealth, acting by and through its Board or, in appropriate cases, acting by and through its authorized representatives.
USER CHARGE
The rental or charge imposed by the Township hereunder, as amended from time to time, against the owner of each improved property, for the use of the sewer system.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Ord. No. 2019-02, 6/10/2019]
1. 
A user charge is hereby imposed upon the owner of each improved property which shall be connected to the sewer system for use of the sewer system, whether such use is direct or indirect, and for services rendered by the Township in connection therewith, and shall be payable as provided herein.
2. 
The user charge shall be payable by the owner of each improved property commencing the earlier of:
A. 
The date of actual, physical connection of an improved property to the sewer system; or
B. 
Sixty days from the date indicated on the notice to connect described in the Connection Ordinance (Subpart 1.A).
3. 
The user charge applicable to any improved property shall be calculated, imposed and collected on the basis of one of the following methods, in the sole discretion of the Township:
A. 
Metered Rate Basis.
(1) 
Computation of Rate.
(a) 
Each improved property shall be charged a user charge determined on a metered rate basis calculated according to:
1) 
Metered volume of potable water consumption by the improved property, adjusted, if appropriate, by the Township.
2) 
Metered volume of sanitary sewage discharged by the improved property into the sewer system.
(b) 
In either of the foregoing cases, such user charge shall be computed in accordance with the following metered rate per quarter annum billing period.
(2) 
Metered Rate Schedule: a charge, in an amount as established, from time to time, by resolution of the Board of Supervisors, per gallon, plus a charge, in an amount as established, from time to time, by resolution of the Board of Supervisors, per quarter annum billing period.
(3) 
In the case of a multiple-use improved property or an improved property having thereon two or more dwelling units, commercial establishments, educational establishments, industrial establishments, or institutional establishments served by the same water meter or sewer meter, the minimum user charge per quarter annum billing period is hereby imposed for each separate dwelling unit, commercial establishment, educational establishment, industrial establishment or institutional establishment. The Township, in its sole discretion, may install at the owner's expense, or may require the owner to install, one or more water meters or sewer meters on such improved property conforming to the standards established by the Township to meter water consumption or waste discharge for each separate dwelling unit, commercial establishment, educational establishment, industrial establishment or institutional establishment.
B. 
Estimated Rate Basis. The user charge may be based upon the Township's estimate of potable water consumed or domestic sanitary sewage or nonresidential wastes discharged by any improved property in accordance with the metered rate schedule provided herein.
C. 
Flat Rate Basis.
(1) 
The user charge for any improved property not having a water meter or sewer meter shall be billed on a flat rate basis as a specific amount per equivalent dwelling unit applicable to such improved property, as determined by the Township, from time to time. The number of equivalent dwelling units applicable to each improved property shall be determined as follows:
Description of Improved Property
Unit of Measurement
Number of Equivalent Dwelling Units Per Unit of Measurement
Residential dwelling (year-round or seasonal)
Each dwelling unit
1
Retail store, professional office or other commercial enterprise
1 to 10 employees; Each additional 10 employees or fraction thereof
1
Hotel, motel or boardinghouse (not including restaurant facilities)
1 to 4 rental rooms; Each additional 4 rooms or fraction thereof
1
Restaurant, club, tavern or other retail food or drink establishment
1 to 20 customer seats; Each additional 20 seats or fraction thereof
1
Automobile service station, automobile reconditioning shop or commercial repair shop
1 or 2 bays; Each additional 2 bays or fraction thereof
1
Beauty parlor or barber shop (whether or not attached to or part of a residential dwelling)
First chair; Each additional chair
1
(2) 
The number of equivalent dwelling units applicable to retail stores, professional offices and other commercial establishments shall be computed on the basis of the average number of full- and part-time employees [including the owner(s) or employer(s)] for the quarter annum billing period preceding the date of the quarterly billing. The owners of such facilities shall be responsible for advising the Township in writing of the number of employees upon request of the Township.
(3) 
If the use or classification of any improved property changes within a quarter annum billing period, the user charge shall be prorated by the Township. The appropriate credit or additional charge shall appear on the statement for the next succeeding quarter annum billing period.
(4) 
The flat rate user charge payable per equivalent dwelling unit shall be in an amount as established, from time to time, by resolution of the Board of Supervisors, per quarter. The Board of Supervisors may in the future revise the flat rate schedule by resolution or by ordinance.
(5) 
The Township, in its sole discretion, may install at the owner's expense, or may require the owner to install, a water meter or sewer meter conforming to the standards established by the Township for such cases.
4. 
In the case of a multiple-use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall pay a separate user charge, as though it was housed in a separate structure and had a direct and separate connection to the sewer system, computed in accordance with the appropriate subsection of Subsection 3 of this Part.
5. 
The user charge provided for herein does not include separate charges which may be applied by the Authority against owners of properties which discharge nonresidential waste into the sewer system. The owner of any improved property that shall discharge, with the consent of the Authority, nonresidential waste into the sewer system shall comply with the Authority's Resolution Governing Admission of Non-Residential Waste into the Sewerage System, as amended from time to time, and shall be subject to surcharges in accordance with the formulas set forth therein and the fees and surcharge rates set forth in the schedule of charges and fees adopted by the Authority.
6. 
The owner of any improved property discharging domestic sanitary sewage into the sewer system shall furnish to the Township, including by way of the application for permit described in the "Connection Ordinance" (Subpart 1.A), all information deemed essential or appropriate by the Township for the determination of all applicable user charges and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property. In the event of the failure of the owner to provide adequate information, the Township shall estimate the applicable user charge and surcharge based upon available information, or until such time as adequate information is received. There shall be no rebate of past payments if the owner's refusal to provide such information results in overpayment.
7. 
Nothing herein contained shall be deemed to prohibit this Township or Authority from entering into separate or special agreements with owners of improved property with respect to the user charge to be imposed in those cases where, due to special or unusual circumstances, the user charge set forth herein shall be deemed by this Township and/or the Authority, in its/their sole discretion, to be inequitable, or that it is in the best interests of this Township and/or the Authority to do so.
8. 
User charges and surcharges, as applicable, shall be payable on a quarterly basis, and shall cover a quarterly billing period consisting of the immediately preceding calendar quarter.
9. 
Payments of user charges shall be due and payable upon the applicable billing date, at the office of the Secretary of the Township, in the appropriate amount, computed in accordance with this Part, which shall constitute the net bill. If any user charge is not paid within 30 calendar days after the applicable billing date, an additional sum of 10% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or on a Sunday, then payment made on or mailed and postmarked on the next succeeding business day or Saturday shall constitute payment within such period.
10. 
It shall be the responsibility of each owner of an improved property to provide the Township with, and thereafter keep the Township continuously advised of, the correct mailing address of such owner and, if applicable, the name and address of any other person (including tenants, etc.) who will be paying the user charges. Bills will be sent to persons other than owners (such as tenants) only as a convenience to owners; owners shall in all cases remain responsible to the Township for payment of all fees and charges. Failure of any owner or other person to receive a bill for charges due and payable 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.
11. 
No officer or employee of the Township is authorized to reduce, vary or exempt charges imposed herein or other provisions of this Part without official action by the Board of this Township.
12. 
Every owner of improved property shall remain liable for the payment of user charges until the later of: A) the receipt by the Township of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner, or B) the date on which title to the improved property is transferred to a new owner. Failure to provide notice renders an owner continuously liable for any charges that may accrue until such time as the Township has been properly notified of any change in ownership as described above.
[Ord. No. 2019-02, 6/10/2019]
No person shall discharge or cause to be discharged into the sewer system any substance prohibited by regulations adopted by the Authority under the Authority's Resolution Governing Admission of Non-Residential Waste into the Sewerage System, as amended from time to time, and any other regulations adopted by the Authority pertaining to prohibited discharges. All regulations lawfully adopted by the Authority pertaining to prohibited discharges, as amended from time to time, are incorporated herein by reference as if set forth in their entirety.
[Ord. No. 2019-02, 6/10/2019]
No person shall discharge or cause to be discharged into the sewer system any nonresidential waste unless such person qualifies for and is issued a permit to discharge nonresidential waste into the sewer system in accordance with the regulations adopted by the Authority under the Authority's Resolution Governing Admission of Non-Residential Waste into the Sewerage System, as amended from time to time, and any other regulations adopted by the Authority pertaining to nonresidential waste. All regulations lawfully adopted by the Authority pertaining to nonresidential waste, as amended from time to time, are incorporated herein by reference as if set forth in their entirety.
[Ord. No. 2019-02, 6/10/2019]
1. 
The Township and/or Authority shall review, not less often than once every two years, the waste contribution of each user or user class, the total costs of operation and maintenance of the treatment plant and the Township's and Authority's user charge systems. The Township and/or Authority shall maintain such records as are necessary to document compliance with regulations of the Commonwealth and the United States Environmental Protection Agency. The Township and/or Authority shall revise the charges, surcharges and fees for user or user classes as necessary to accomplish the following:
A. 
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required by regulations of United States Environmental Protection Agency.
B. 
Generate sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance (including equipment replacement) of the various portions of the sewer system.
C. 
Generate sufficient revenue to finance, in whole or in part, expansion of the sewer system for present and/or future users and user classes.
D. 
Apply excess revenue collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
E. 
Distribute the costs of operation and maintenance of all flow not directly attributable to users (i.e., infiltration/inflow) among all users of the sewer system in the same manner that the costs of operation and maintenance are distributed among users, or user classes, for their actual use. As used herein, "operation and maintenance costs" shall be read to include capital costs, including debt service on obligations issued by the Authority to finance acquisition, construction, repair, replacement or improvement of the sewer system.
[Ord. No. 2019-02, 6/10/2019]
1. 
The Township and/or Authority shall have the right of access, at all reasonable times, to any part of any improved property as necessary for purposes of meter reading, inspection, observation, measurement, sampling and testing and for performance of other functions relating to service rendered by the Township and/or Authority.
2. 
The owner of any improved property shall be held liable for all acts of tenants or other occupants of such improved property, as may be permitted by law, insofar as such acts shall be governed by the provisions of this Part.
3. 
The owner of an improved property shall be responsible for the maintenance, safekeeping and repair of any water or sewer meter or other measuring device installed upon the improved property, whether such repairs shall be made necessary by ordinary wear and tear or other causes.
4. 
The Authority has adopted rules and regulations it deems necessary and proper in connection with the use and operation of the sewer system, and may adopt, from time to time, additional rules and regulations as it shall deem necessary and proper in connection with the use and operation of the sewer system. All rules and regulations which have been adopted or which shall be adopted shall become and shall be construed as incorporated in this Part as if set forth herein in their entirety.
5. 
In the event any provision, section, sentence, clause or part of this Part shall be held by any court or administrative tribunal of competent jurisdiction to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Part, it being the intent of the Township that such remainder shall be and shall remain in full force and effect.
6. 
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of health, safety and welfare of the inhabitants of this Township.