Township of Springfield, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by Board of Commissioners of the Township of Springfield 5-3-1927 by Ord. No. 35. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 111.

§ 109-1 Cost assessed against abutting properties.

Where the cost of constructing sewers is assessed against abutting properties in proportion to their frontage on the sewers, the Township Engineers shall calculate the amount chargeable upon said properties by virtue of said assessment, showing the name of the owner of each lot, frontage thereof and the charge against the same; shall certify a copy thereof to the Township Treasurer and a copy to the Township Secretary for the purpose of the Board; and shall send bills in accordance with said assessment to all property owners residing in the Township, mail them to all owners not residing therein whose address shall be known and post them on the most public part of the premises if unoccupied.

§ 109-2 Reduction for certain corner lots.

In case of corner lots abutting on more than one line of said sewer, a reduction shall be allowed as to one side thereof up to but not exceeding 125 feet.

§ 109-3 Reduction for certain physical conditions.

Equitable reduction may be made in case of lots where the physical conditions are such that, in the judgment of the Sewer Committee, the sewer cannot be available for the drainage of buildings erected thereon.

§ 109-4 Date of completion; paying assessments.

The date of the completion of the sewer work shall be fixed by the certificate thereof by the Township Engineers and shall be filed in the office of the Secretary of the Board of Commissioners, and the assessments may be paid to the Treasurer of the Township within 30 days after the delivery or mailing or posting of bills therefor. In the event that any property owner shall fail to pay said assessment in full within the prescribed period, together with any charge for house connection which may be due, the Township Solicitor shall file a lien or municipal claim therefor in the office of the Prothonotary of Delaware County against the property of such owner with a penalty of 10% of the amount of such assessment and shall collect the same together with interest and costs in accordance with law; provided, however, that any property owner shall upon written request have the privilege of paying said assessment in five annual installments without penalty on the following terms: One-fifth of said assessment together with house connection charge due and cost of filing and satisfying lien shall be paid within 30 days; the balance shall be paid in four equal annual installments bearing interest at 6%, such payment shall be paid to the Township Treasurer. In default of payment of any installment with interest within 30 days after same shall be payable, the whole amount of said assessment remaining due, together with penalty as aforesaid, shall immediately become payable and the Solicitor shall collect same. All payments of municipal liens shall be made to the Solicitor except as herein provided in respect to deferred payments. The Solicitor may designate the Secretary as the agent of the Township to receive such payments.

§ 109-5 When cost is assessed in proportion to benefits.

Where the cost of constructing sewers is assessed upon properties abutting on said sewers in proportion to benefits, the Township Solicitor is authorized and directed to cause a petition or petitions to be presented to the Court of Common Pleas to appoint viewers to assess such benefits in accordance with law; and to take all necessary further proceedings in connection therewith or necessary to the enforcement thereof, including any appeals in behalf of the Township which the Sewer Committee shall direct, and the filing and collecting of liens upon the confirmation of any report of such viewers.

§ 109-6 Connections between property and Township sewer.

No connection between any property and any Township sewer shall be made until the assessment against said property therefor shall have been paid or the option for deferred payment shall have been exercised.

§ 109-7 Properties outside Township.

In all cases where a sewer lies in a road dividing this Township from another the owners of the properties lying outside this Township desiring to connect therewith may be permitted to do so upon the payment of the cost of said sewer, computed according to the foot frontage or of the benefits as may in each case be prescribed, and upon the owner entering into an agreement to pay the annual sewer rental subject to disconnection if default shall be made therein.

§ 109-8 Properties not abutting on sewers.

Owners of properties in this Township not abutting on sewers or assessed therefor may be permitted to connect with sewers by a legally constructed private drain on such terms and conditions as the Board of Commissioners shall prescribe, provided that such connection shall not affect the assessability of such property for the cost of any sewer which shall be subsequently constructed abutting on such properties.

§ 109-9 Applications and permits for sewer connections.

All connections of properties with said sewers shall be made only upon application and permit in prescribed form and shall be made in accordance with the Plumbing and Health Regulations of the Township and, further, in accordance with such rules and regulations and on such terms and conditions as the Sewer Committee of this Board shall from time to time adopt and prescribe and the Board of Commissioners shall approve. Said Sewer Committee is hereby directed to adopt and from time to time change such rules and terms, and the same, when promulgated by the Committee and approved, shall have the same force and effect as if set out at length in this ordinance. The said Committee is further authorized, at its discretion, to provide for the construction of private lateral connection in public streets to be paid for by the property owner applying for such connection, at the actual cost thereof with interest and 10%.

§ 109-10 Prohibited attachments.

It shall be unlawful for any owner of property connected with the said sewer to make any attachment thereto or to the house drainage system, or to open any cellar drain, whereby rainwater or surface or subsoil water shall be permitted to pass into said sewer.

§ 109-11 Repeals.

Section II of Ordinance No. 35, as amended by Ordinance No. 284, Ordinance No. 435 and Ordinance No. 634, shall be repealed.

§ 109-12 Sewer rental.

[Amended 12-27-1962 by Ord. No. 737; 1-14-1975 by Ord. No. 908]
A. 
Beginning with the calendar year of 1975, and for each year thereafter, there is hereby imposed an annual rental or charge upon the owners of the property served, or to be served, for the use of the sewers and the sewerage system of the Township of Springfield, and for the use of extensions thereof which are in the course of construction or to be constructed, and for the use of the sewage treatment works.
B. 
The annual rental or charge shall be such sum as shall be sufficient to meet the following classes of expenses:
(1) 
The amount expended annually by the Township in the operation, maintenance, repair, alteration, inspection, depreciation or other expense in relation to such sewers, sewerage system, pumping stations or sewage treatment works.
(2) 
Such annual amount as may be necessary to provide for the amortization of the indebtedness incurred or of the nondebt revenue bonds or other bonds issued by the Township in the construction or acquisition of such sewer, sewerage system or sewage treatment works, and interest thereon, in order that said improvement may become self-liquidating, and such further sums as may be sufficient to pay the amount agreed to be paid annually under the terms of any contract with any authority or municipality furnishing sewage disposal or treatment services to the Township.
(3) 
Sufficient to establish a margin of safety of 10%.
C. 
The Board of Commissioners finds as a fact that the majority of properties of the Township which are connected to the public sewers obtain water from the Philadelphia Suburban Water Company, hereafter for convenience called Water Company, and further that the Water Company had water meters installed in the majority of the said properties. The Board of Commissioners therefore declares that the fairest manner in which to apportion equitably the total sewer rental or charge to be made is to base the charge for each property on the amount of water used by each property connected to the sewers, in proportion to any water used by customers of said water company who are connected to the sewerage system. It is also determined that the sewer rental or charge for any property should be based, so far as practicable, on water actually consumed by said property during said year, or a period of 12 months as near the end of the year as possible. If such records are not available for a full twelve-month period, such sewer rental charge shall be based on water consumption during such of the months during the said twelve-month period as for which records are available, divided by the number of full months during which water was consumed, and multiplied by 12.
D. 
The Secretary of Springfield Township shall secure from the Water Company statements of the total number of gallons of water used by each individual customer or property which is connected to the sewerage system for a period of 12 consecutive months as closely proximate in time to the end of the year 1974 as the records of the Water Company and their schedules of water meter readings will permit and hereafter, in the month of December 1975 and each December thereafter, secure from the Water Company statements of the total number of gallons of water used by each individual customer or property connected to the Township sewers for a period of 12 consecutive months as closely proximate in time to the end of the year as records of the Water Company and their schedules of water meter readings permit. Reasonable compensation shall be paid by the Township to the Water Company for the cost and expense incurred by the Water Company in supplying the Township with this information. Reasonable charges paid to the Water Company for such data shall be included as part of the total amount of the annual sewer rental, as per Subsection B hereof. If in any case the Water Company records disclose the number of gallons of water used for any property for less than a full period of 12 months, the Secretary is authorized to compute the water consumption of said property for a full period of 12 months based on the use for the partial period. In the period of occupancy of the property and prior to the development of a Water Company record of consumption, the Secretary/ Manager of the Township is authorized, in the alternative, to compute a charge from, and including, the month of occupancy until the next anticipated record is obtained from the Water Company for the water consumption at the flat rate of $10 per month projected to the anticipated receipt of the record.
[Amended 12-12-1989 by Ord. No. 1216; 12-30-1991 by Ord. No. 1256]
E. 
Whenever a property upon which a sewer rental is hereby imposed uses water from the Water Company or other source a significant portion of which is not discharged into the sewerage system of the Township, the quantity of water so used and not discharged into the Township sewers shall be excluded in determining the sewer rental of the said property, provided that the quantity of water so used and not discharged into the Township sewers is measured by a meter approved by the Sewer Committee and installed without cost to the Township, and provided, further, that where, in the opinion of the Sewer Committee, it is not practical to install a meter to continuously determine the quantity of water not discharged into the Township sewers, the Sewer Committee shall determine periodically, in such manner and by such method as it shall prescribe, the percentage of water discharged into the Township sewers, and the sewer rental for such property shall be based on the amount so determined. Any dispute as to the estimated amount shall be submitted to the Board of Commissioners whose decision on the matter shall be final for the current year.
F. 
Where a property uses water, all or part of which is from a source or sources other than the Water Company's supply system, there shall be a sewer rental separate from and in addition to any sewer rental based on the use of water from the Water Company's supply system. Such separate and additional sewer rental shall be measured by the quantity of water from the source or sources other than the Water Company's supply system which is discharged into the Township sewers from said property. The owner of each property shall install, without cost to the Township, an approved meter or meters to measure the quantity of water received from other than the Water Company's supply system and discharged into the Township's sewers. The sewer rental based upon water received from other than the Water Company's supply system shall be the same in amount as is required to be paid by the owner of a metered property receiving the same quantity of water from the Water Company's supply system. If the owner of said property fails to install an approved meter or meters, the Sewer Committee shall make and furnish an estimate of the amount of water from sources other than the Water Company's supply system which is discharged into the Township sewers from said property. Any dispute as to the estimated amount shall be submitted to the Board of Commissioners, whose decision on the matter shall be final for the current year.
G. 
All sewer rental charges shall be a lien against the property serviced by the sewer facilities of the Township until said sewer rental charges, penalties, interest and costs are paid in full. A penalty of 10% shall be added to all unpaid accounts after four months from the date of the bill. Prior to January 1 of any year, the Board of Commissioners may, by resolution, provide for a discount to be allowed on all bills of the next ensuing year under such terms as it deems in the best interest of the Township, but in no case shall the discount be such that the anticipated revenue from sewer rentals for the year will amount to less than 110% of the current obligations to the various sewer authorities. In addition, any costs and/or attorney's fees incurred by Springfield Township shall be added to the unpaid rental fees along with all penalties as set forth above, and the aggregate of the same shall be entered as a lien on the property served. The Township Manager/Secretary or his designee may proceed with the collection of such unpaid charges by an action in assumpsit or, at the election of the Board of Commissioners, in any manner provided by law. Where suit is brought for the recovery of such fees, penalties, interest or costs, the person liable therefor shall, in addition, be liable for the legal costs of collection.
[Amended 10-14-1986 by Ord. No. 1146; 7-10-1990 by Ord. No. 1230]
H. 
The foregoing directions as to the time in which to procure information from the Water Company and other sources and of the time to make out bills shall be considered directory and not mandatory, and the failure to do one or some of them or all of said acts on time shall not invalidate any bill rendered and shall not invalidate or forgo the collection of any sewer rental or charge. This ordinance when referring to sewers, sewerage system or sewage treatment works is intended to mean sanitary sewers, sanitary sewerage system and sanitary sewage treatment works and is not intended to include or relate to surface water treatment.
I. 
Amount of annual rental or charge; request for refund.
[Amended 12-8-1998 by Ord. No. 1349; 2-13-2007 by Ord. No. 1458; 12-18-2007 by Ord. No. 1471; 1-8-2013 by Ord. No. 1535]
(1) 
That for the year 2016, and annually thereafter, unless otherwise determined, the owner of any property located in the Township of Springfield, and/or served by the sewer system of the Township, shall pay to the Township of Springfield an annual rental, or charge, for the use of the said sewer or sewer system equal to $7 per 1,000 gallons of water consumed, said amount being determined and declared necessary to produce revenue sufficient to meet the requirements hereinbefore set forth. Notwithstanding the provisions of the chapter as to billing for sewer rentals, all property owners connected to the sewer system in the Township shall pay a minimum rental of $25 per year.
[Amended 1-13-2015 by Ord. No. 1553; 1-12-2016 by Ord. No. 1567]
(2) 
The owner of a residential building or tenant obligated by the lease agreement to pay the sewer assessment is eligible for a sewer assessment rebate of $25, provided the following conditions are met:
(a) 
Applicants must qualify under the Pennsylvania Property Tax or Rent Rebate Program (PA-1000).
(b) 
Applicants must present proof of payment indicating the amount received from the PA-1000 Program.
J. 
In all cases in which the above rates are not exactly applicable, the Sewer Committee shall fix an applicable rate with the same force and effect as if set out herein.

§ 109-13 Duties of Secretary, Treasurer and Solicitor.

It shall be the duty of the Secretary of the Board of Commissioners to provide all necessary books, records, bills and other forms and stationery and to keep a proper record of all assessments, charges, service rates and rentals and all payments hereunder, whether collectible by the Treasurer or the Solicitor or otherwise. It shall be the duty of the Treasurer and Solicitor to notify the Secretary monthly of all payments received.

§ 109-14 Supervision by Board.

The Board of Commissioners may, at its discretion, upon application in a form prescribed by the Sewer Committee, supervise the construction of any proposed extensions of said system of sewers to be built at the expense of any owner of private property and may take over the same when completed, and all such extensions when accepted and taken over shall become part of said system of sewers and shall thereafter be subject to the provisions hereof with regard to connections, service rentals, etc.

§ 109-15 Sewer connection charge. [1]

[Added 5-8-2001 by Ord. No. 1379]
A. 
There is hereby imposed upon each owner of property connecting to the sanitary sewer system a tapping or connection charge of $1,000 per E.D.U. (equivalent dwelling unit). Connections are to be made by a lateral of the sewer system at the curbline or property line.
B. 
For purposes of determining the number of E.D.U.s (equivalent dwelling unit), the following classifications are created:
User Classification
Number of E.D.U.
Single-family dwelling
1.0
Apartment house (per unit)
0.75
Fire house/municipal building
1.0
Church
1.0
Hospital, nursing home, assisted care facility or similar institutions based upon the projected daily average number of patients or residents. Permanent employees and other personnel shall be classified as patients for E.D.U. determination.
0.36 per patient
Mobile homes
5.4 per unit
Retail gas station without car washing facilities
1.4
Retail gas station with automatic car washing facilities
4.0
Self-service laundry
1.14 per machine
Factories or commercial establishments not dispensing food or beverage for consumption on the premises.
0.10 per employee, plus 1.0 for each restroom
Each restaurant, tavern or other commercial establishment which dispenses food or beverage for on-site consumption
0.10 per employee, plus 1.0 for the first 10 seats, plus 0.10 for each seat over 10 intended for customer use
Offices
0.04 per employee, plus 1.0 for each restroom
Retail stores
0.10 per employee, plus 1.286 for each public restroom
Schools
Based upon the daily average number of pupils enrolled on days when school will be in session during the full school year. Teachers and employees shall be classified as pupils for E.D.U. determination, .04 per pupil
Multiple use
In the case when a combination of one or more private dwellings or living units with one or more commercial establishments in one building and each having the use of the Township sanitary sewer system through one sewer connection, each such private dwelling or living unit and each such commercial establishment shall be charged the foregoing rates, as though each were in a separate structure and as though each had a direct separate connection to the Township Sanitary Sewer System.
C. 
In the event of a change in user classification of a commercial establishment where an increase in water consumption is projected, the new tenant will be responsible for the payment of a sewer tapping fee based on the net increase in E.D.U.'s.
D. 
The tapping fee or connection charge shall be payable upon application for permit to make such connection.
[1]
Editor's Note: Former § 109-15, Violations and penalties, was repealed 4-21-1987 by Ord. No. 1156. See now Ch. 1, General Provisions, Art. II, General Penalty, for current penalty provisions.

§ 109-16 Severability.

[Added 5-8-2001 by Ord. No. 1379]
If any of the provisions, sections, sentences, clauses or parts of this chapter or the application of the provisions hereof shall be held invalid, such invalidity shall not affect or impair any of the remaining portions of this chapter, it being the intention of the Board of Commissioners that such remainder shall be and remain in full force and effect.