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Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 1-23-1989 by Ord. No. 193 (Ch. 18, Part 2, of the 1993 Code)]
No person shall connect any improved property with any part of the sewer system without first making application for and securing a permit, in writing, from the Township, as provided for in Article I of this chapter.
[Amended 8-22-1994 by Ord. No. 255]
The Township hereby imposes connection charges, as provided in § 275-23 of this article, against and to be paid by the owner of any improved property hereafter required or allowed to be connected pursuant to the connection requirements as provided in Article I of this chapter.
[Amended 8-22-1994 by Ord. No. 255; 7-27-1998 by Ord. No. 290]
The connection charges imposed against and payable by the owner of improved property, as provided in § 275-22 of this article, shall be those applicable charges and fees as established from time to time by resolution of the Board of Commissioners. Connection charges shall include, without limitation, a connection fee, customer facilities fee and tapping fee; provided, however, that in the case of properties located in former Sewer District Number 2 and presently connected to Greengate Subdivision sewer system, they shall not be charged a connection fee or customer facilities fee and the tapping fee shall be limited to $1,200.
[Amended 8-22-1994 by Ord. No. 255; 3-27-1995 by Ord. No. 261; 7-27-1998 by Ord. No. 290]
A. 
Except a otherwise provided in Subsections B through E of this section, the connection charges shall be due and payable in full either at the time the application is made to the Township for a permit to make connection to the sewer system, as provided in § 275-21 of this article, or, in the case an owner of improved property fails to make connection to the sewer system as required by the Township pursuant to § 275-2 of Article I of this chapter, on the date the Township begins to charge sewer rentals to the improved property, which shall be at the cost and expense of the property owner.
[Amended 2-1-2010 by Ord. No. 440]
B. 
Connection charges may be payable, at the option of the owner, in equal quarterly installments in accordance with the following:
(1) 
The term of the installment payments shall not exceed two years commencing on the date the permit application is made to the Township to connect to the sewer system; provided, however, that in the case of properties located in former Sewer District Number 2 and presently connected to Greengate Subdivision sewer system, such term shall commence 30 days after the date of this article.
(2) 
Interest on the unpaid balance of the connection charges shall accrue at the rate of 6% per annum as of the date the permit application is made to the Township to connect to the sewer system; provided, however, that in the case of properties located in former Sewer District Number 2 and presently connected to Greengate Subdivision sewer system, such interest shall accrue at the rate of 6% per annum beginning 30 days after the date of this article. Accrued interest shall be paid with each installment.
(3) 
The first and subsequent installments, including accrued interest, shall be due and payable as provided in the installment payment option resolution.[1]
[1]
Editor's Note: Said resolution is on file in the Township offices.
(4) 
In the event that any installment, together with any accrued interest thereon, is not timely and fully paid, or in the further event that connection to the sewer system is not timely made under the connection permit, the entire unpaid balance of connection charges and accrued interest thereon, upon the occurrence of either such event and at the option of the Township, shall become immediately due and payable.
(5) 
The installment payment option under this subsection shall be exercised by the owner by submitting written notice of such exercise to the Township on or before the time a permit application is made to the Township to connect the property to the sewer system; provided, however, that in the case of properties located in former Sewer District Number 2 and presently connected to Greengate Subdivision sewer system, such installment payment option under this subsection shall be exercised by the owner by submitting written notice of such exercise to the Township within 30 days of the enactment of this article. In addition, the owner shall execute, acknowledge, deliver and/or record such agreements and/or other documents (including, but not limited to, promissory and judgment notes) which the Township may require to provide for and secure the installment payment of connection charges under and in accordance with this subsection.
(6) 
An owner, who exercises or desires to exercise the installment payment option under this subsection, shall pay such fees, costs and charges, as provided from time to time by resolution of the Board of Commissioners, in order to establish and administer the installment payment of connection charges.
(7) 
The installment payment option under this subsection shall be subject to such other requirements as may be provided in the installment payment option resolution.[2]
[2]
Editor's Note: Said resolution is on file in the Township offices.
C. 
The installment payment option under Subsection B of this section shall not apply to or be available in those cases where the Township connects improved property to the sewer system upon the failure of the owner to make such connection, or for the payment of additional tapping fees and other connection charges assessed under or pursuant to this chapter except as may be otherwise provided under or pursuant to Article VI of this chapter (including the EDU schedule resolution therein provided) and the installment payment option resolution.[3]
[3]
Editor's Note: Said resolution is on file in the Township offices.
D. 
In the event that the sixty-day period in which to connect to the sewer system is extended under Subsection B of § 275-2 of Article I of this chapter:
(1) 
The due date for the payment of the connection charges (other than the installment payment thereof under Subsection B of this section) shall be the last day of the original sixty-day connection period.
(2) 
For purposes of the installment payment option under Subsection B of this section, the last day of the original sixty-day connection period, rather than the date or time of the sewer connection permit application, shall be:
(a) 
The commencement date of the installment term;
(b) 
The date on which interest begins to accrue; and
(c) 
The last day by which to exercise the installment payment option.
E. 
Additional tapping fees and other connection charges, which may be assessed under or pursuant to this chapter, shall be paid as provided under or pursuant to this chapter (including the provisions of Article VI of this chapter and the EDU schedule resolution and water meter method resolution therein provided). Installment payment of any such additional tapping fees and other connection charges shall be permitted and made only as provided under or pursuant to Article VI (including the EDU schedule resolution) and the installment payment option resolution.[4]
[4]
Editor's Note: Said resolutions are on file in the Township offices.
[Amended 8-22-1994 by Ord. No. 255]
All connection charges shall be payable to the Township. Payments of connection charges shall be tendered to the Township Secretary or to such other officer or representative of the Township as shall be authorized from time to time, by resolution of the Board of Commissioners, to accept payment.
[Amended 8-22-1994 by Ord. No. 255]
Payment of connection charges imposed by the Township pursuant to this Article V shall be enforced by the Township in any manner appropriate under laws at the time in effect.
This Township may, from time to time, adopt modifications of, supplements to or amendments of this article.