[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Frederick as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-29-1992 by Ord. No. 92-5]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A separate dwelling, apartment, room or group of rooms, used
for separate dwelling purposes and equipped for the preparation of
food. In all cases, the determination of Upper Frederick Township
as to what constitutes a "separate dwelling unit" shall be final.
Any individual, firm, corporation, association or company.
Any person, as defined above, owning, occupying or using
any property served with water from the water system of Upper Frederick
Township.
All buildings within Upper Frederick Township
so situated that water service is available shall connect to the municipal
water system.
[Amended 4-14-1995 by Ord. No. 95-2; 12-12-1996 by Ord. No.
96-7; 12-30-1998 by Ord. No. 98-7]
The rates charged by Upper Frederick Township
for water furnished by it to the public shall be as follows:
A.Â
General service within upper Frederick Township. The
following usage, service and minimum charges shall be made for water
furnished for general use within Upper Frederick Township to each
separate dwelling unit, as the same is hereinbefore defined, situate
within the corporate limits of Upper Frederick Township:
(1)Â
Beginning April 1, 2008, there shall be an annual
charge of $102, payable at the rate of $8.50 per month, plus a charge
of $4.75 for 1,000 gallons of metered usage in the previous quarter,
to be billed on a monthly basis. Future rates shall be established
by resolution, which may be duly adopted and amended by the Board
of Supervisors from time to time.
[Amended 3-13-2008 by Ord. No. 2008-04]
B.Â
Resale of water. No person shall purchase water from
Upper Frederick Township and resell the same in any manner.
A.Â
The Township of Upper Frederick shall have the authority
in the event of any emergency affecting the adequacy of the supply
of water to domestic users of the municipal water system or the adequacy
of the firefighting capacity of the system, either actual or imminent,
to require any or all users to curtail or discontinue the use of water.
Such curtailment or discontinuance shall remain in effect for the
duration of such emergency. Verbal or other notice by the Township
of Upper Frederick to the user, or his agent, or public advertisement
in a newspaper circulated locally, shall be deemed sufficient for
the purposes of this article.
B.Â
Any such curtailment may apply to all use of water
for washing the car and watering the lawn or garden, and if the degree
of emergency shall warrant, include any and all uses.
Temporary and special water service connections
may be made under terms established by the Township of Upper Frederick
not inconsistent herewith; subject, in each case, upon appeal, to
review by the Board of Supervisors of Upper Frederick Township.
[Amended 12-12-1996 by Ord. No. 96-7; 8-13-1998 by Ord. No.
98-4; 12-30-1998 by Ord. No. 98-8; 1-10-2002 by Ord. No. 02-2; 6-13-2002 by Ord. No. 02-08; 5-12-2005 by Ord. No. 05-05]
A.Â
All bills for water furnished for all purposes shall
be rendered monthly on the first day of each month, or on such other
period of time or other date in such month as the Supervisors, by
resolution, shall specify, and shall cover a monthly period. The minimum
monthly charge shall be billed in advance, and the metered charge
shall be billed on the basis of the usage in the previous quarter.
[Amended 3-13-2008 by Ord. No. 2008-04]
B.Â
The water usage shall be due and payable upon the applicable billing date as provided for in Subsection A of this section, and the appropriate amount, computed in accordance with this article, shall constitute the net bill. If bills are not paid within 30 calendar days after each billing date, an additional sum of 1.50% of the principal due shall be added to such net bill every 30 days after the due date, 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 a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. Any bill not paid within said 30 calendar days shall be deemed delinquent.
C.Â
Failure to pay either usage, service or minimum charges
within 30 days after the gross bill becomes due shall be cause for
termination of water service until payment is made of all outstanding
charges for water service. The Board of Supervisors may adopt by resolution,
which may be amended from time to time, procedures establishing requirements
for such water service termination. Such procedures must be followed
prior to any termination of water service.
D.Â
If service is terminated under the conditions set forth in Subsection C above, a reconnection charge, in the amount as established from time to time by resolution of the Board of Supervisors, shall be paid before service is restored.
E.Â
The owner of the property served shall be responsible
to the Township of Upper Frederick for payment for all water furnished
to the property irrespective of any agreement between the property
owner and a third party, and the bill shall, in all cases, be rendered
to the owner of the property unless the Township of Upper Frederick
is notified in writing by said owner to render the bill to some other
person, in which case the owner shall, nevertheless, remain liable
for the payment of all water bills.
F.Â
Water rentals and other charges imposed by this article
shall be a lien, to the extent permitted by the laws of the commonwealth,
on the improved property connected to and/or served by the water system(s);
and any such water rentals and other charges which shall be delinquent
shall be filed as a lien, to the extent permitted by the laws of the
commonwealth, against the improved property so connected to and served
by the water system(s), which lien shall be filed in the office of
the Prothonotary of Montgomery County, Pennsylvania, and shall be
collected in the manner and to the extent permitted by the laws of
the commonwealth for the collection of municipal claims. In addition,
any costs and/or reasonable attorneys' fees incurred by the Township
or its agent shall be added to the unpaid water charges, along with
penalties and interest, as set forth above, and the aggregate of the
same shall be entered as a lien on the property served. The delinquent
water charges, costs and reasonable legal fees incurred, as well as
the penalty and interest, shall be collected by the designated agent
of the Township. The Township hereby approved the following schedule
of attorneys' fees for services in connection with collections of
accounts, which is hereby determined to be fair and reasonable compensation
for the services set forth below, all in accordance with the principles
set forth in § 3 of the Municipal Claims Law, as amended
by Act No. 1 of 1996:
[Amended 3-13-2008 by Ord. No. 2008-04; 5-16-2013 by Ord. No. 2013-01]
|
Legal Services
|
Fee for Services
| |
|---|---|---|
|
Filing of lien
|
$250
| |
|
Title search
|
$250
| |
|
Preparation and service of writ of scire facias
|
$600
| |
|
Alternative service of legal pleadings
|
$250
| |
|
Entry of judgment
|
$150
| |
|
Preparation of writ of execution and attendance
at initial Sheriff's sale
|
$750
| |
|
Preparation of documents and attendance at second
Sheriff's sale
|
$600
| |
|
Review schedule of distribution and resolve
distribution issues
|
$250
| |
|
Installment of payment agreement at taxpayer's
request
|
$100
| |
|
Preparation and filing of civil complaint with District Justice
|
$125
| |
|
Attendance and representation at District Justice hearing
|
$250
| |
|
Preparation and filing of notice of execution/notice to defendant
|
$80
| |
|
Order and filing of notice of judgment/transcript of civil case
|
$80
| |
|
Services not covered above
|
Prevailing hourly rate of Township Solicitor
|
A.Â
Ownership of facilities and responsibility therefor.
(1)Â
Upon the request of the owner of any property within
the corporate limits of the Township of Upper Frederick, abutting
upon a street wherein a water main exists or reasonably adjacent thereto,
the Township of Upper Frederick will make a connection to the main
for said owner at his expense. All piping from the main to the property
served, including curb shut-off and meter pit, shall be installed
for the owner at his expense by a plumber licensed by the Township
of Upper Frederick, and shall remain the property of the owner and
shall be maintained by the owner, except the Township of Upper Frederick
reserves the right to repair, at its expense, any leak on a customer's
service pipe between the municipal main and the water meter. A water
meter shall be installed in such piping, located in a suitable protective
pit directly opposite the point at which the connection is made to
the main, or the meter can be located inside the building, if the
meter is equipped with an outside remote reading device which conforms
to municipal standards. Each new water meter shall be furnished by
the Township of Upper Frederick at the expense of the property owner,
and the Township of Upper Frederick will credit the property owner
the amount equivalent to the cost of a plain standard 3/4 inch water
meter. The Township of Upper Frederick shall have the right to remove
any such water meter for testing or for maintenance and may furnish,
in its place, another meter substantially the equal thereto as the
need for such replacement may occur, without incurring liability therefore
to the owner.
(2)Â
The Township of Upper Frederick shall inspect, test,
adjust, maintain and/or replace such meters, at its own expense, except
that any meter damaged in service through the negligent act or omission
of the property owner, or his tenant or agent, shall be replaced by
the Township of Upper Frederick at the expense of the property owner.
Meter damage resulting from freezing or backflow of hot water shall
be considered to be the result of negligence on the part of the owner
or tenant.
(3)Â
Where the water meters are presently installed inside
buildings, the Township of Upper Frederick may, at its option, require
the installation of a meter with the approved outside remote reading
device. In such cases, the Township of Upper Frederick will contribute
an amount equal to 1/2 the cost of necessary materials and all of
the labor expense incurred by the installation.
B.Â
Meter accuracy. The accuracy of the water meters on
the Township of Upper Frederick's system shall be determined in accordance
with the rules and regulations of the Public Utility Commission of
the Commonwealth of Pennsylvania. Upon request of any user, the Township
of Upper Frederick will remove the meter from his premises and test
the accuracy thereof. If the said meter is found to register a greater
quantity of water than passed through it, to a degree exceeding the
tolerance of accuracy prescribed by the Public Utility Commission
for such cases, no charge shall be made for such test, and the bills
for water rendered on the basis of the registration of said meter,
for a period of not more than three months preceding the removal thereof,
may be adjusted on an equitable basis. If the said meter is found
to register a smaller quantity of water than that passed through it,
or to be within the prescribed tolerances of accuracy, a charge shall
be paid by the user for the testing of the meter in accordance with
the schedule of charges adopted from time to time by the Board of
Supervisors of the Township of Upper Frederick. Upon prior request,
the water user may witness the water test during working hours.
C.Â
Access to premises. As long as water is piped to any
building, the proper officials of the Township of Upper Frederick
shall, at all reasonable times, have free access to the meters or
service pipes to inspect, test, read, repair, remove or replace the
same, whether or not the occupant of the building is a water user,
and such access shall not be impeded by coal, ashes or rubbish, nor
in any other manner. Failure to provide such free access shall be
cause for termination of service until suitable access is provided.
D.Â
Estimated bills. In the event that a customer's water
meter fails to register or is not read at the scheduled time, the
Township of Upper Frederick may issue an estimated bill for the period
involved based upon the records of the same customer's usage for comparable
past periods. Any inaccuracy resulting from failure to read a user's
meter at the regularly scheduled time will be corrected in the preparation
of the bill based upon the next reading of the meter.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 1-13-1994 by Ord. No. 94-1]
No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which construction a permit is required to be obtained from Upper Frederick Township (or would be required but for an exemption from a permit requirements for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water using fixtures therein conform to the requirements and standards of § 272-10 of this article. The provisions of this article shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued but for such an exemption, on or after January 13, 1994.
A.Â
Article 1 — Water Closets and Associated Flushing
Mechanisms. The water consumption of water closets shall not exceed
an average of 1.6 gallons per flush cycle over a range of test pressures
from 20 to 80 p.s.i. The fixture shall perform in accordance with
the test requirements of the ANSI A112.19.2M and ANSI A112.19.6M.
B.Â
Article 2 — Urinals and Associated Flushing
Mechanisms. Urinal water consumption shall not exceed an average of
1.5 gallons per flush cycle over a range of test pressures from 20
to 80 p.s.i. The fixtures shall perform in accordance with the test
requirements for ANSI A112.19.2M and ANSI A112.19.6M.
C.Â
Article 3 — Showerheads. Showerhead discharge
rates shall not exceed 3.0 gallons of water per minute over a range
of test pressures from 20 to 80 p.s.i. The fixture shall perform in
accordance with the test requirements of ANSI A112.18.1M.
D.Â
Article 4 — Faucets. Sink and lavatory faucet
discharge rates shall not exceed 3.0 gallons of water per minute over
a range of test pressures from 20 to 80 p.s.i. The fixture shall perform
in accordance with the test requirements of ANSI A112.18.1M.
A.Â
Article 1 — Special Purpose Equipment. The performance standards of § 272-10 shall not apply to fixtures and fittings such as emergency showers, aspirator faucets and blow out fixtures that, in order to perform a specialized function, cannot meet the specified standards.
B.Â
Article 2 — Exemption. Any person(s) may apply
to Upper Frederick Township for an exemption to the terms of this
article, which may be granted by the Board of Supervisors, upon proof
that some other device, system or procedure will save as much or more
water as those set forth herein, or that those set forth herein cannot
be complied with, without undue hardship.
The Board of Supervisors may, from time to time,
modify, add to, or remove from the standards and restrictions herein.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
