[Adopted 2-17-1998 by Ord. No. 1-1998]
As used in this article, the following terms
shall have the meaning indicated:
A building or entirely self-contained portion thereof containing
complete housekeeping, kitchen, sleeping and lavatory facilities,
intended for occupancy as a residence by only one family (including
any domestic servants living or employed on the premises) with no
enclosed space (other than vestibules, entrance or other hallways
or porches) in common with any other dwelling or living unit.
A standard unit of measure for which sewer tapping fees are
charged and billed at the rates set forth in this article. For the
purposes of this article, one EDU shall equal an average flow of 229.5
gallons per day.
[Amended 4-9-2007 by Ord. No. 4-2007]
An individual, partnership, company, association, society,
corporation or other group or entity.
All facilities operated by the Township of Willistown for
the collection and disposal of sanitary sewage and acceptable industrial
wastes in and for Willistown Township.
Charges to be assessed against any person making a connection
to the sewer system or changing the type of use of a property previously
connected, on the basis of equivalent dwelling units served.
A.Â
There is hereby fixed and imposed upon the owner of
each property making any connection to the sewer system on or after
the date hereof, directly or indirectly, including those changing
the type of use of property previously connected or connecting one
or more new uses through an existing connection, regardless of whether
such property is connected separately or through one or more existing
or new lateral sewers or sewer connections or collection lines owned
by any owner other than the Township, a minimum tapping fee of $2,155.80
per EDU of capacity required per use for connection.
[Amended 4-9-2007 by Ord. No. 4-2007]
B.Â
The tapping fees represent initial tapping fees. The
Township, from time to time following the completion of construction
of a building, shall charge such supplemental tapping fee as is prescribed
in this article.
C.Â
The minimum tapping fee for any property or use shall
be at a rate of one EDU. The tapping fee shall be determined by the
Township's estimate of sewer usage for the relevant type of property
or use (or most similar type of sewer use) in consultation with the
Township Engineer. Any building, structure or use that contains more
than one use or activity shall be charged a separate tapping fee for
each use or activity based upon the above classifications.
A.Â
Where any building connected to the sewer system shall
be converted, enlarged or remodeled or additional buildings shall
be constructed on a property and connected indirectly to the sewer
system through an existing lateral, so as to create or establish additional
uses as classified in this article, an additional tapping fee in accordance
with this article for each such additional use shall be payable by
the owner of the property so improved to the Township.
B.Â
The tapping fees imposed hereunder with respect to
property connected shall be in addition to any connection fee or inspection
charge imposed by the Township, and any rental or other charges fixed,
charged or imposed by the Township by reason of the use, or availability
for use, of the sewer system by such property.
Each person applying for a connection to the
sewer system shall certify to the Township its proposed use or uses
and its reasonably anticipated sewer usage for the property to be
connected, on a form prescribed by the Township. The Township shall
have the right at any time to investigate the actual sewer usage of
any property so connected in order to verify that the actual sewer
usage conforms to the applicant's certification and to impose additional
sewer tapping fees per additional EDU's or multiple or fraction thereof,
in accordance with the above tapping fee schedule in conjunction with
the additional capacity requirements of such person.
No commercial, institutional or industrial user
shall increase its sewer usage beyond that set forth in its original
application for connection, or as determined by the Township at the
time of connection, or beyond its existing usage on the effective
date of this article, without first making application to the Township
for such increased usage on a form prescribed by the Township and
obtaining the written approval of the Township. All applicants shall
pay to the Township such additional tapping fees per additional EDU's
or multiple or fraction thereof, in accordance with the above tapping
fee schedule in conjunction with the additional capacity requirements
of such customer.
No refund, rebate or credit of tapping fees
shall be made in the event of a decrease in sewer usage.
No tapping fees paid under this article for
any distinct lot, parcel or property shall be transferable to any
other lot, parcel or property.
Tapping fees shall be due and payable upon the
Township's issuance of a permit for connection. No sewage conveyance
or treatment capacity shall be reserved for any person unless the
applicable tapping fees have been paid in full. For increased sewer
use or a change in use, the additional tapping fees shall be due and
payable at the time application is made or when imposed by the Township,
as the case may be.
[Amended 4-13-2009 by Ord. No. 3-2009]
A.Â
Sewer tapping fees shall be subject to a penalty of
5% if not paid on or before the 30th day after the billing date. These
penalties shall be concurrent with all other remedies, legal and equitable,
available to the Township for collection of said fees, including but
not limited to municipal lien and assumpsit remedies.
B.Â
All sewer tapping fees, together with all penalties
and additional 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 fees, together
with penalties, additional 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.
The provisions of this article shall be severable
and if any section, paragraph, sentence, clause or phrase shall be
declared unconstitutional, illegal or otherwise invalid by the judgment
or decree of a court of competent jurisdiction, that invalidity shall
not affect any of the remaining sections, paragraphs, sentences, clauses
or phrases of this article. It is hereby declared that this article
would have been adopted had such invalid provision not been included
herein.
