[Adopted 3-27-1995 by Ord. No. 261 (Ch. 18, Part 2-A, of the 1993 Code)]
In addition to the definitions provided under and by § 275-1 of Article I of this chapter, the following phrases, when used in this article, unless the context clearly indicates otherwise, shall have the meanings given in this section:
APPROVED OPERATIONAL WATER METER
A new or existing water meter which is or has been installed, approved by the Township and functioning in accordance with § 275-31 of this article.
CLASS C PROPERTY
Improved property which is already connected to the sewer system.
CLASS UD PROPERTY
Improved property, not connected to the sewer system, the owner of which is not required to connect the property to the sewer system under this chapter, but desires to do so.
CLASS UR PROPERTY
Improved property, not connected to the sewer system, the owner of which is required to connect the property to the sewer system under this chapter.
EDU SCHEDULE
The allocation of sewer rental units (equivalent dwelling units or EDUs) to improved properties according to use pursuant to § 275-29 of this article.
EDU SCHEDULE RESOLUTION
The resolution adopted by the Board of Commissioners, as the same may be amended from time to time, providing for a schedule allocating sewer rental units (equivalent dwelling units or EDUs) to improved properties according to use.[1]
EXISTING EDU RATING
The present EDU allocation of a Class C property established under current or former provisions of the EDU schedule, or a previous ordinance, resolution or schedule.
OPTIONAL WATER METER METHOD
The option method of allocating sewer rental units (equivalent units or EDUs) to improved properties pursuant to § 275-30 of this article.
TAPPING FEE
The sewer system connection charge, in the nature of and denominated a tapping fee, provided under Article V of this chapter.
WATER METER METHOD RESOLUTION
The resolution adopted by the Board of Commissioners, as the same may be amended from time to time, providing procedures for the allocation of sewer rental units (equivalent dwelling units or EDUs) to improved properties under the optional water meter method.
[1]
Editor's Note: Said resolution is on file in the Township offices.
A. 
Sewer rental and tapping fees shall be assessed under this chapter on the basis of EDUs allocated to improved properties in accordance with this article. Allocations shall be made pursuant to either the EDU schedule or the optional water meter method as provided in this article. In no event shall an allocation to a property be less than one EDU.
B. 
For purposes of daily usage and sewer rental fees, “an EDU” shall be defined as 250 gallons per day. For purposes of purchasing capacity within the system and assigning tapping fees, the Township shall use the EDU assignment of the host or terminal municipality/authority that supplies either conveyance or wastewater treatment facilities to the Township. This EDU value can be modified by the Board of Commissioners to address special needs or development.
[Amended 2-1-2010 by Ord. No. 440]
C. 
Tapping fees assessed and/or paid upon a final allocation of EDUs under this article or a former ordinance, resolution or schedule, shall not be subject to reduction or refund, to any extent, in the event that the allocation is subsequently reduced as a result of a change in use, or extent of use, of the property or a change in the EDU allocation method between the EDU schedule and the optional water meter method.
D. 
Sewer rental assessed and payable upon an allocation of EDUs under this article shall be subject to reduction, but only in the manner and to the extent provided in this article, upon a subsequent reduction in the allocation for sewer rental purposes.
Unless the optional water meter method applies, has been properly elected, and has not been revoked, EDUs shall be allocated to improved properties according to use under and in accordance with the EDU schedule resolution, and sewer rental and tapping fees shall be assessed and payable under this chapter upon such allocation.
[Amended 2-1-2010 by Ord. No. 440]
A. 
Any user that is exclusively commercial and/or industrial or a combination of either (that has more than one EDU assigned to a single structure discharging to the sewer within Upper Pottsgrove), and each such user occupies less than 3,500 square feet of floor area, shall have the right to elect the optional meter allocation method. Billing for these users will be based upon their current EDU allocation (as per Resolution No. 236) and their actual usage.
B. 
To elect this option, the user must:
(1) 
Be a commercial, industrial or a multiple EDU single structure.
(2) 
Have an existing EDU allocation and currently discharge to the collection system.
(3) 
Have a calibrated meter inspected and approved by the Township.
(4) 
Request in writing to the Board of Commissioners to elect this method.
C. 
New development seeking to elect this method must meet the previously listed criterion and obtain an EDU allocation and pay tapping fees prior to being permitted to exercise this option.
D. 
In all cases, EDUs or capacity cannot be returned to the Township or redeemed unless agreed to by the Board of Commissioners.
E. 
Once elected and approved by the Board of Commissioners, the billing period will change over at the beginning of the next quarter.
F. 
The method of billing computation (quarterly) for those selecting this methodology shall be as follows:
Quarter billing = Quarterly Rate/EDU * ((Base EDU Allocation * 60%) + (Actual Water Usage (gal.) ÷ Days in Quarter ÷ 250 gpd/EDU * 40%)
G. 
The meters shall be read quarterly by the Township or its designated representative. The owner of the property shall allow for access of meter-reading personnel. If a meter cannot be read due to lack of access, the Township will bill the owner according to its last invoice. Upon successfully gaining access and reading the meter, the owner's bill will either be credited or assessed based on the updated reading, and the billing will be considered current.
H. 
If the meter fails or the Township deems the reading erroneous, the owner will be assessed based on the highest bill paid over the previous three quarters. If the meter is deemed damaged or lacks calibration, the Township will notify the owner. Upon notification, the owner will have five days to complete repairs as directed by the Township. Once repairs are complete, the Township will schedule an inspection and require proof of calibration.
I. 
The Township reserves the right to revoke the optional water meter allocation at its sole discretion. Upon revocation, the owner will be billed based on its original EDU allocation. The billing will be from the start of the quarter which the revocation occurs.
J. 
If the average flow for three consecutive months is greater than the original EDU allocation, then the owner will be reassessed based on the higher flows. For every 250 gpd its usage exceeds the original allocation, the owner will be assessed an additional EDU. No incremental EDUs will be applied, and the allocation will round to the highest number of EDUs. The owner will also be assessed an additional tapping fee based on the increased flow.
Water meters used, or proposed for use, under the optional water meter method shall be subject to the following:
A. 
Water meters shall be installed, operated, maintained and repaired, in accordance with this section, at the expense of the property owner. Before installing a water meter (or in the case of an existing water meter, before using the meter) for purposes of the optional water meter method, the property owner shall apply for and obtain a permit from the Township. All water meters, whether new or already existing, shall be inspected and approved by the Township in accordance with this section prior to use for purposes of the optional water meter method. The property owner shall pay such application and inspections fees and charges as shall be established from time to time by resolution of the Board of Commissioners.
B. 
Water meters shall be approved by the Township, and shall be installed, operated, maintained and repaired in accordance with applicable specifications and this section.
C. 
The property owner shall be solely responsible to maintain the water meter and keep it in good repair and working order at all times. The property owner shall have the water meter calibrated as necessary. The Township shall not be responsible for the maintenance or accuracy of any water meter. In the event a water meter fails to function, the property owner shall report such failure immediately to the Township and shall have repairs made and completed within five days of the failure.
D. 
The Township, or a representative thereof, shall, quarterly, have the water meters read and the reading recorded. Property owners shall, at reasonable hours, make their property and water meters thereon available to the Township, or its representative, for such reading and recording. If the Township, or its representative, in the course of such reading and recording, notes that the water meter is not functioning properly, the Township, or its representative, shall give notice to the owner of the failure, and the owner shall have repairs made and completed within five days after the date of the notice.
E. 
The Township reserves the right to have water meters inspected after any repairs thereto are made and completed, and to approve the repairs.
F. 
If a property owner fails to report water meter failures and/or have repairs made and completed in accordance with Subsection C or D of this section, or fails to allow the Township, or its representative, on the property to have the water meter read and the reading recorded in accordance with Subsection D, the following shall apply:
(1) 
The average daily water gallonage consumed on the property for any quarter in which any such owner failure occurs shall be as provided and determined in accordance with and pursuant to the water meter method resolution.
(2) 
If any such owner failures occur in two or more separate quarterly billing periods during any eighteen-month period (whether or not the owner failures are of the same kind, and whether or not the billing periods are consecutive), the Township shall have the right to revoke the optional water meter method for the property and thereafter allocate EDUs to the property in accordance with the EDU schedule (for a Class UR or Class UD property) or restore the existing EDU rating of the property (for a Class C property). If the Township exercises such right of revocation:
(a) 
Sewer rental shall be payable by the owner for the EDUs determined in accordance with the EDU schedule or the existing EDU rating as the case may be, beginning with the first full billing period commencing after the Township exercises its right of revocation; and
(b) 
Should additional EDUs be allocated to the property as a result of the revocation for which additional EDUs the property owner has not been previously assessed or paid, an additional tapping fee, at the then current rate, for the additional EDUs shall be assessed and shall be due on and payable by the owner to the Township within 30 days after the date of the Township's bill for the same.