[Ord. 2018-2, 8/27/2018]
Unless the context specifically indicates otherwise, the meaning
of terms used in Parts B and C shall be as follows:
Borough of Cornwall, Lebanon County, Pennsylvania.
The owner of an improved property who, prior to, upon or
after the effective date hereof, has contracted or contracts for and/or
is receiving or shall receive water service for a consumer unit from
the water system.
A building under one roof and occupied by one family or business;
or
A combination of buildings in one enclosure or group and occupied
by one family or business; or
One side of a double building or house having a solid vertical
partition wall; or
Each room or group of rooms in a building occupied or intended
for occupancy as a separate business or as separate living quarters
by a family or other group of persons living together or by a person
living alone; or
Each apartment, office or suite of offices in a building or
house having several such apartments, offices or suites of offices
and using in common one or more hallways and one or more means of
entrance; or
Any trailer occupied by one family or business; or
Any other unit or category listed in the schedule of rates set forth in §11-212.
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.
A dwelling unit or an equivalent dwelling unit. Each dwelling
unit shall be 1 EDU and each nonresidential unit shall be assigned
a number of EDUs based upon the estimated or actual water consumption,
which is based upon the 2010 census for the Borough indicating 2.24
persons per household multiplied by 65 gallons per day per capita
(158 gpd per EDU), as mandated by Act 57 of 2003.
Any building, group of buildings, or land upon which buildings
are to be constructed which is or may be served by the Borough.
Any consumer unit other than a residential unit.
Any person having an interest, whether legal or equitable,
sole or partial, in any improved property.
Any individual, firm, partnership, company, association,
society, corporation, limited liability company, or any other group
or legal entity.
Any consumer unit or other enclosure connected, directly
or indirectly, to the water system and occupied or intended for occupancy
as separate living quarters by a family or other group of persons
living together or by a person living alone, excluding institutional
dormitories, or any other consumer unit that uses less than 250 gallons
per day.
The water distribution facilities, including all related
facilities heretofore or hereafter constructed, installed or acquired
by or for the Borough, including all property, real, personal and
mixed, rights, powers, licenses, easements, rights-of-way privileges,
franchise and other property or interest in property of whatsoever
nature used or useful in connection with such facilities, and together
with all additions, extensions, alterations, improvements and betterments
thereof or thereto which may be made, installed or acquired from time
to time, by or for the Borough and which shall be owned and operated
by the Borough.
[Ord. 2018-2, 8/27/2018]
Water rates and other charges established under §11-213 are imposed upon and shall be collected from the owner of each improved property which shall be connected or which is required to be connected with the water system, whichever first occurs, and upon owners of EDUs not connected nor required to be connected to said water system, whether the benefit resulting from such connection shall be direct and indirect, and regardless whether water service is actually utilized, which water rates and other charges shall commence and shall be effective for water service available to use on and after the date of connection to the water system, or the date when connection was required to be made by the Borough, or in the case of owners of EDUs not connected nor required to be connected to the water system, on or after the date of purchase of the EDUs, whichever first occurs, and shall be payable as provided in this Part.
[Ord. 2018-2, 8/27/2018]
1.
Except
as additionally provided in subsections .2 through .4 of this Section
or as otherwise provided, water rates and other charges for the use
and benefit of the water system from any improved property constituting
a residential unit or units, or a nonresidential unit where volume
of water usage shall be metered by the Borough, shall, as to treatment
costs, be based upon a minimum operating and maintenance charge plus
volume of water usage, adjusted, if appropriate, as provided herein
and calculated per quarter annum as set forth in Appendix A of this
Part.
2.
Additionally,
all owners of residential units, nonresidential units, and/or EDUs
whether connected or unconnected to the water system shall pay a quarterly
flat rate debt service charge per EDU as set forth in Appendix A of
this Part which amount shall be in addition to the charges for treatment,
operations and maintenance imposed under subsection .1 of this Section.
3.
Additionally,
all owners of residential units, nonresidential units, and/or EDUs
whether connected or unconnected to the water system shall pay a quarterly
base charge per EDU for a portion of the fixed costs for the operations
and maintenance as set forth in Appendix A of this Part which amount
shall be in addition to the charges for treatment, operations, maintenance
and debt service imposed under subsections .1 and .2 of this Section.
4.
Additionally,
all owners of residential units, nonresidential units, and/or EDUs
whether connected or unconnected to the water system shall pay a quarterly
capital improvement charge per EDU as set forth in Appendix A of this
Part which amount shall be in addition to the charges for treatment,
operations, maintenance, debt service and base charge imposed under
subsections .1, .2 and .3 of this Section.
5.
Nothing
herein shall be deemed to amend, alter or change the existing rules
and regulations governing the use of the water system of the Borough,
which shall remain in full force and effect.
6.
Multiple-Use
Consumer Units.
A.
Where
more than one consumer unit is located in one building, house or other
structure and such building, house or other structure, at the discretion
of this Borough, is served through one common water meter, multiple
charges per quarter annum shall be imposed for each consumer unit
located in such building, house or other structure.
B.
For all
consumer units served through such common water meter, the multiple
charge per quarter annum shall be computed in the following manner:
(1) the total consumption of water through such common water meter
shall be divided by the number of consumer units served thereby; (2)
the schedule of rates set forth in subsection .1 of this Section as
from time to time may be established by the Borough for computing
water rates and other charges shall be applied to the resultant quotient;
and (3) the resultant pro rata charge for each consumer unit shall
be multiplied by the number of such consumer units receiving water
service through such common water meter to arrive at the total bill
for all such consumer units served through the common meter; provided,
however, that there shall be charged any minimum rate or charge as
from time to time may be established by the Borough per quarter annum
for each consumer unit computed on the same basis as if each consumer
unit was served by a separate water meter.
[Ord. 2018-2, 8/27/2018]
In the event the Borough, at any time or for any reason, shall
read the water meter of any residential unit or nonresidential unit
on a monthly basis, the meter readings for the appropriate three months
shall be consolidated and treated as one total for purposes of computing
water rates and other charges under this Part, as appropriate.
[Ord. 2018-2, 8/27/2018]
1.
Water
rates and other charges imposed by this Part shall be payable on the
dates and shall cover the periods as follows:
A.
For the
owner of an improved property whose bill, under provisions of this
Part, shall be computed independent of water volume usage metered
by the Borough, the billing dates shall be July 1, October 1, January
1 and April 1 of each calendar year and shall cover a quarter annum
billing period consisting of the immediately preceding three complete
calendar months.
B.
The provisions
set forth above in this subsection .1 notwithstanding, the owner of
an improved property and the Borough 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 water rates and other charges shall be payable upon the date thereof
and the appropriate amount, computed in accordance with this Part,
shall constitute the net bill. If water 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 5% per quarter 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. Payment made or mailed and postmarked on or before the
last day of the applicable 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 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. If a bill for sewer service or other charges shall be delinquent
for a period of 45 days or more, water service may be discontinued
by the Borough upon prior written notice.
In the event water rates and other charges imposed under provisions
of this Part shall become applicable to any improved property constituting
a residential unit or nonresidential unit during a billing period,
as set forth in subsection .1 of this Section, or in the event service
to any improved property constituting a residential unit, or nonresidential
unit, 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, water 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 water system
initially shall provide the Borough with and thereafter shall keep
the Borough advised of his correct address. Failure of any owner to
receive appropriate bills for water 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.
4.
Each bill
for a consumer unit for water service shall be made out in the name
of the owner. Each owner shall provide this Borough with, and continuously
shall keep this Borough advised of, his correct address. Failure to
receive a bill for water service shall not be considered an excuse
for nonpayment, nor shall such failure result in an extension of the
period of time during which such bill shall be payable without penalty.
5.
No allowance
or rebate will be made for unoccupied property unless and until (A)
the owner shall have notified the Borough of such vacancy in writing,
and (B) such vacancy shall continue for at least 90 days. In any such
event, service shall be restored only upon the execution of a new
application therefor.
6.
No allowance
or rebate will be made for or on account of the discontinuance of
any service set forth in the application for service unless and until
the owner shall have notified the Borough in writing of such discontinuance.
7.
Reconnection
Charge.
A.
If water
service is shut off and reconnected at the request of an owner, as
appropriate, the charge imposed shall be $25.
B.
If water
service is shut off for nonpayment of a delinquent water bill, or
for failure to abide by the rules and regulations applicable to the
water system, the charge imposed shall be as follows:
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Charge for Sending Shut-Off Letter
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$15
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Shut-Off Charge
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$25
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Reconnection Charge
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$25
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After-Hours Shut-Off or Reconnection Charge
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$40
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8.
If a check
payable to the Borough is dishonored by the customer’s bank,
a charge of $25 per dishonored check shall be imposed.
[Ord. 2018-2, 8/27/2018]
1.
Proper
officers of this Borough are authorized, empowered and directed to
do all things and to take all legal action necessary, including the
filing of municipal claims and liens, in accordance with law, to enforce
collection of water rates and other charges established and imposed
hereby and otherwise to carry out provisions hereof.
2.
Any person
who or which shall violate or assist or permit any other person to
violate any of the provisions of this Part shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
less than $100 nor more than $1,000, plus costs, including the Borough’s
reasonable attorneys’ fees incurred in the enforcement proceeding.
Each day that a violation continues shall constitute a separate violation.
Each section of this Part violated shall constitute a separate violation.
[Ord. 2018-2, 8/27/2018]
1.
This Borough,
from time to time, in accordance with law, by appropriate resolution,
may adopt such additional rules and regulations as, in the opinion
of the Board of this Borough, may be desirable, beneficial or necessary
for or in connection with use and operation of the water system and
which shall govern and control the distribution and supply of water
by this Borough to consumers.
2.
Any such
rules and regulations shall be construed in conjunction with provisions
hereof and shall become effective upon the date fixed by this Borough
upon adoption thereof.
[Ord. 2018-2, 8/27/2018]
1.
Sewer
rates and other charges imposed by this Part shall be a lien on the
improved property connected to or required to be connected to and
served by or able to be served by the water system; and such water
rates and other charges which shall be delinquent shall be filed as
a lien against the improved property so connected to or required to
be connected to and served by or able to be served by the water system,
which lien shall be filed and shall be collected in the manner provided
by law for collection of municipal claims.
2.
In the
event that the Borough institutes any actions to collect delinquent
water rates and charges, the owner shall be responsible for all costs
arising out of any collection action, including but not limited to
costs of certified mail and costs of service of process.
[Ord. 2018-2, 8/27/2018]
The Borough shall have the right of access at reasonable times
to any part of any improved property served by the water 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 Borough through the water system.
[Ord. 2018-2, 8/27/2018]
The owner of each improved property connected to the water system
shall be responsible for all acts of tenants or other occupants of
such improved property insofar as such acts shall be governed by provisions
of this Part.
[Ord. 2018-2, 8/27/2018]
1.
The Borough
reserves the right to adopt and promulgate, from time to time, additional
classifications and water rates and other charges therefor, or modifications
of the schedule of water rates and other charges as set forth in this
Part, which additional classifications and water rates and other charges,
or modifications, as the case may be, shall be construed as a part
of this Part.
2.
The Borough
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 water system, which rules and regulations
shall be construed as a part of this Part.
[Ord. 2018-2, 8/27/2018; as amended by Ord. 2023-1, 2/13/2023]
All water rates and other charges shall be payable to the Treasurer
of this Borough or to such other officer or representative of this
Borough as shall be authorized, from time to time, by resolution of
this Borough, to accept payment thereof. The Treasurer or such other
duly authorized officer or representative of this Borough shall pay
over to a depository designated by the Borough by resolution, all
water 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 Borough shall segregate all such water rates
and other charges so collected in an account separate and distinct
from all other funds of this Borough and shall hold the same in trust
for purposes set forth in aforesaid Part.
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APPENDIX A.
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The below rates are effective for all consumption for bills
as of April 1, 2023.
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SCHEDULE A
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Operation and Maintenance Charge per 1,000 Gallons of Water
Consumed during the Quarter Annum for Which the Billing Is Rendered:
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$3.45
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In accordance with §11-213.1
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Treatment Charge for 1,000 Gallons of Water Treated during the
Quarter Annum for Which Billing Is Rendered:
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$6.15
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In accordance with §11-213.1
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Debt Service per EDU:
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$0
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In accordance with §11-213.2
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Base Charge per EDU:
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$12
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In accordance with §11-213.3
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Capital Improvement Charge per EDU:
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$10
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In accordance with §11-213.4
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Schedule “B” is hereby established, setting forth
special charges for the sewer system:
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SCHEDULE B – Special Charges
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Change of Ownership Fee
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$12.50
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Leak Investigation/Sewer Credit Charge (for Consumption Greater
than 10,000 Gallons)
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$100
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Inspection Fee for New Main Construction
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$2/LF (minimum $1,000)
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(These rates and charges may be amended from time to time by
Resolution of the Cornwall Borough Council.)
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