[Adopted 9-3-1975 by Ord. No. 6-1975]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
Willistown Township Municipal Authority, as presently or
hereafter constituted, which has been created by the Board of Supervisors
and to which has been referred by the Board of Supervisors the specific
project of sewers.
The group of elected officials acting as the governing body
of the Township.
Any structure intended to be used wholly or in part for the
purposes of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public use, and which
contains plumbing for kitchen, toilet or washing facilities. Hotels,
motels, boardinghouses or rooming houses and institutional dormitories
shall be included in this definition, but a private dwelling unit
shall not be deemed to be a commercial establishment within this definition
in whole or in part solely because of the maintenance or carrying
on within the private dwelling unit of a home occupation, as the same
is defined and permitted by the Willistown Township Zoning Ordinance
of 1981, as amended.[1]
[Amended 9-13-1983 by Ord. No. 5-1983]
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
[Amended 9-13-1983 by Ord. No. 5-1983]
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any property served directly or indirectly by the sewer
system.
Any individual, firm, company, association, society, corporation
or group.
Any room, group of rooms, house trailer, structure, dwelling
or enclosure intended to be occupied as separate living quarters by
a family or other group of persons living together or by persons living
alone, but excluding institutional dormitories. Each private dwelling
unit in a double house, row house or connecting houses in a trailer
park or in an apartment or condominium or cooperative development
will be billed as a separate entity.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
All temporary and permanent facilities at any time, and from
time to time, owned by the Authority or leased to and operated by
the Township and used or usable for, or in connection with, the collection
of wastewaters.
The Township of Willistown, Chester County, Pennsylvania.
[Amended 12-9-2002 by Ord. No. 9-2002; 4-9-2007 by Ord. No.
4-2007; 3-24-2008 by Ord. No. 1-2008; 4-13-2009 by Ord. No.
3-2009]
There is hereby imposed upon each owner of each
property served by the sewer system and having the use thereof a quarterly
sewer rent or charge, payable as hereinafter provided, for the use,
whether direct or indirect, of the sewer system, based on the schedules
of classification and rates or charges hereinafter set forth.
[Amended 3-11-1980 by Ord. No. 1-1980; 3-24-1981 by Ord. No.
1-1981; 9-13-1983 by Ord. No. 5-1983; 12-23-1991 by Ord. No.
8-1991; 6-26-2000 by Ord. No. 3-2000; 12-9-2002 by Ord. No.
9-2002]
A.
The sewer rental or charge imposed hereby upon the
owner of each property served by the sewer system shall be established
per unit by resolution of the Board of Supervisors, according to the
following schedule:
[Amended 4-13-2009 by Ord. No. 3-2009]
|
Unit Schedule for Sewer Rental
| ||
|---|---|---|
|
Category
|
Units
| |
|
Each private dwelling unit
|
1
| |
|
Each commercial establishment or industrial
establishment shall be assigned a unit or units or portions thereof
for the purposes of this article according to water usage according
to the following schedule:
| ||
|
Amount of Water Consumed on a Daily Basis
(gallons)
| ||
|
Less than 390
|
1 1/2
| |
|
390 or more but not more than 520
|
2
| |
|
520 or more but not more than 650
|
2 1/2
| |
|
650 or more but not more than 780
|
3
| |
|
780 or more but not more than 910
|
3 1/2
| |
|
For each additional 130 per day or fraction
thereof
|
1/2
| |
B.
If a structure contains one or more private dwelling
units, but shall also be within the definition of commercial establishment
and/or industrial establishment as set forth in this article, or if
a single structure shall be within the definition of commercial establishment
and also within the definition of industrial establishment, then,
and in such event, each private dwelling unit shall be billed and
charged separately, as otherwise provided in this article, and the
commercial and/or industrial portions of the structure shall be combined
and charged as a single unit on the basis as set forth above for commercial
establishments and industrial establishments.
C.
If two or more private dwelling units or commercial
or industrial establishments are connected through a single lateral,
or if two or more families use separate cooking and/or toilet facilities
in a single dwelling, or if two or more types of use are made of the
same property, the sewer rent payable under the foregoing schedule
shall be computed as though each such unit and establishment and each
such family and each such type of use were a separate property or
use with a separate connection to the sewer.
D.
In the event that the Township is not provided, upon
request, with accurate information, including supporting documentation,
to determine the amount of water used or such data as may be necessary
to determine a user classification or rate, the Township's estimate
or determination thereof shall be conclusive.
E.
The Township reserves the right to change unit values
from time to time, to add or delete property classifications and,
in cases of dispute, to determine the proper classification of a given
property.
[Added 7-19-2004 by Ord. No. 7-2004[1]]
A.
There is hereby imposed upon each owner of property served by a low-pressure sewer system, which includes properties within the Acres Sewer District established by Article VI of this chapter, the East Central Sewer District established by Article VIII of this chapter, and any other property subject to Article X of this chapter, and having use thereof, an additional quarterly sewer rent or charge, established by resolution of the Board of Supervisors, for the inspection, maintenance, repair and/or replacement of grinder pumps, tanks, individual pressure lines and related appurtenances thereto serving said properties.
[Amended 4-9-2007 by Ord. No. 4-2007; 6-20-2011 by Ord. No.
4-2011]
B.
The monthly sewer charge imposed hereby upon the owner
of each property served by the system shall be incurred upon the provision
of maintenance services by the Township's service provider to the
property. The charge shall equal the hourly amount for the services
to the Township and the cost for parts to the Township.
C.
The sewer maintenance charges imposed shall be billed
on a monthly basis following the provision of the services and payable
within 30 days following the date of the bill. Any charge imposed
may be payable via major credit card or bank debit card that the Township
may deem acceptable.
No person shall discharge into the sewer system
any roof water, surface or underground drainage water, stormwater
or any exhaust steam or any oils, tar, grease, gas, benzine or other
combustible gases or liquids, or any garbage (unless treated in an
approved manner), offal, insoluble solids or other dangerous or harmful
substances which would adversely affect the functioning of the sewer
system or the processes of sewage treatment.
When directed by the Township, industrial establishments
shall install, pay for and maintain a manhole and other devices as
may be approved by the Township to facilitate observation, measurement
and sampling of industrial wastes discharged to the sewer system.
The Township or its duly authorized representative shall, at all reasonable
times, be permitted to enter upon any and all properties for the purpose
of inspecting, observing, measuring and sampling industrial wastes
discharged to the sewer system. The owner of any industrial establishment
that desires to connect to the sewer system or which is connected
to the sewer system and plans to change its operations so as to materially
alter the characteristics and volumes of industrial wastes discharged
thereto shall notify the Township, in writing, at least 10 days before
making such connection or changing its operations.
The Township reserves the right to require industrial
establishments having large variations in rates of discharge of industrial
wastes to install suitable regulating devices for equalizing waste
flows to the sewer system.
The Township representatives shall have access
at all reasonable times to water and any other meters used for establishing
or determining water consumption, water excluded from the sewer system
and/or wastes discharged into the sewer system.
[Amended 12-9-2002 by Ord. No. 9-2002]
If the use or classification of any property
should change within any calendar year, the difference in sewer rental,
if any, prorated on a monthly basis to the end of the then current
biannual billing period, will be charged or credited, as the case
may be, on the bill for the succeeding billing period. Additional
classifications and additional sewer rentals may be established by
the Township from time to time.
[Amended 9-13-1983 by Ord. No. 5-1983; 8-23-2004 by Ord. No.
8-2004; 4-9-2007 by Ord. No. 4-2007; 5-26-2009 by Ord. No.
4-2009]
A.
Private
dwelling units.
(1)
Sewer
rents imposed for private dwelling units shall include a base rate
and may include a pump maintenance fee and/or consumption charge as
established by resolution and shall be payable quarterly. Any sewer
rent imposed may be payable via cash, check, major credit card or
bank debit card that the Township may deem acceptable or by electronic
payment. Rent for any billing period in which a connection is made
shall be prorated and shall be billed in conjunction with the next
regular billing or by special billing as the officials responsible
for billing may elect.
(2)
Consumption charges shall be based upon the quantity of water used as evidenced by quarterly statements provided by the officials responsible for billing water consumption during the immediately preceding quarter. Property owners of private dwelling units not connected to the public water supply system shall install a Township-approved water meter to the private dwelling unit's water supply and allow access to the meter pursuant to § 105-15 of this article for issuance of a quarterly consumption statement. The installation of the water meter shall be inspected by the Township, and the property owners are solely responsible for maintenance, repairs, and replacement of the water meter. The Township may establish a fee schedule for the installation process of the water meters by resolution. Quarterly statements shall show the water consumption during the immediately preceding billing period or, if such a determination is not available, then upon water consumption for the next preceding period for which such determination is available. The determination may be based upon actual water consumption for less than an entire billing period. In the event of a discrepancy between the amount billed and the actual water consumption, an adjustment shall be made, which adjustment may be billed in conjunction with the next regular billing or by special billing, as the officials responsible for billing may elect.
B.
Commercial
and industrial establishments.
(1)
Sewer
rents imposed for commercial and industrial establishments shall include
a base rate and a consumption charge as established by resolution
and shall be payable quarterly. Any sewer rent imposed may be payable
via cash, check, major credit card or bank debit card that the Township
may deem acceptable or by electronic payment. Rent for any billing
period in which a connection is made shall be prorated and shall be
billed in conjunction with the next regular billing or by special
billing as the officials responsible for billing may elect.
(2)
Consumption
charges shall be based upon a determination by the officials responsible
for billing of water consumption during the immediately preceding
billing period or, if such a determination is not available, then
upon water consumption for the next preceding period for which such
determination is available. The determination may be based upon actual
water consumption for less than an entire billing period. In the event
of a discrepancy between the amount billed and the actual water consumption,
an adjustment shall be made, which adjustment may be billed in conjunction
with the next regular billing or by special billing, as the officials
responsible for billing may elect.
A.
The charges for sewer rental and maintenance service
shall be subject to a penalty of 5% if not paid on or before the 30th
day after the billing date. If not paid within 120 days after the
date of the bill, the Township shall have the right to cut off sewer
service from the delinquent premises and not to restore the same until
all delinquent bills against the same and the cost of cutting off
and restoring service shall have been paid.
[Amended 8-22-1978 by Ord. No. 1-1978; 3-23-2009 by Ord. No.
2-2009; 4-13-2009 by Ord. No. 3-2009]
B.
All persons connected to the sewer system must give
the Township their correct address. Failure to receive bills will
not be considered an excuse for nonpayment nor permit an extension
of the period during which bills are payable at face.
C.
Payments made, as evidenced by the United States Post
Office mark, on or previous to the end of the period during which
the bills are payable at face, will be deemed to be a payment within
such period.
D.
All sewer charges, together with all penalties and
fees thereon, not paid on or before the 30th day after the billing
date shall be deemed to be delinquent. It shall be the duty of the
Township to proceed to collect such delinquent charges, together with
penalties, fees, and costs accrued thereon, including attorneys' fees,
either by action at law or by filing a lien or liens for the same
in the office of the Prothonotary of the Court of Common Pleas of
Chester County, Pennsylvania, and such liens, together with penalty,
costs, and interest accrued thereon, including attorneys' fees, shall
be filed and collected in accordance with the law. Interest in the
amount of 10% per annum shall begin to accrue on the date of the filing
of a lien.
[Amended 7-26-1994 by Ord. No. 3-1994; 3-23-2009 by Ord. No.
2-2009; 4-13-2009 by Ord. No. 3-2009]
The funds received by the Township from the
collection of the sewer rentals and charges and all penalties and
interest thereon, as herein provided for, shall be segregated and
kept separate and apart, except for purposes of investment, from all
other funds of the Township and shall be used only for the purpose
of defraying the expenses of the Township in the operation, maintenance,
repair, alteration, inspection, depreciation or other expenses in
relation to such sewer system and for such payments as the Township
may be required to make to the Valley Forge Sewer Authority or to
the Tredyffrin Township Municipal Authority in connection with transportation
and treatment service or under any lease or agreement it may enter
into in connection with the financing of the sewer system pursuant
to the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1] Such funds, however, may be invested in common with other
Township funds pending the use thereof for the purposes above specified,
provided that the amounts of such funds and the income therefrom can
at all times be traced and determined.
[1]
Editor's Note: See now 53 Pa. C.S.A. § 5601.
The Township reserves the right to, and may
from time to time, adopt, revise, amend and readopt such rules and
regulations as it deems necessary and proper for the use and operation
of the sewer system, and all such rules and regulations shall be and
become a part of this article.
This article and any rules and regulations hereunder
shall become effective immediately and shall be applicable to all
properties as soon as they respectively become connected with and
have the right to use the sewer system. The Township reserves the
right to make such changes from time to time as in its opinion may
be desirable or beneficial and to amend this article or to change
the rates or charges in such manner and at such times as, in its opinion,
may be advisable.
