[Adopted 8-3-1998 by Ord. No. 7-1998]
The Board of Supervisors hereby establishes
the East Central Sewer District comprising the territory including
Grubb Road, Clearview Road, Post Road, Colonial Road, Waynesborough
Road, Treble Lane, Reynard Road, Davis Road, the Fitzpatrick property,
VFW property and Stoneybrook Road as more specifically detailed in
the plan prepared by Yerkes Associates, Inc., dated October 27, 1997;
last revised January 15, 1998, and prepared in accordance with the
Township's Official Sewage Facilities Plan approved by the Pennsylvania
Department of Environmental Protection on December 19, 1997, and as
shown an Exhibit 2 of that Plan, dated December 17, 1996, depicting
the East Central Phase 1 Sewer Project. The District shall include
all residential properties, as depicted on the above plans. The district
shall also include the property of any future connection into the
East Central Sewer System, or any future expansion of the system,
whether or not the connection or expansion is described alone or is
depicted on the able plans.
A.
In addition to any other connection, customer facilities
or tapping fees fixed and imposed under this chapter, there is hereby
fixed and imposed upon the owner of each property situated within
the East Central Sewer District a tapping fee (collection part) of
$7,120 per equivalent dwelling unit (EDU) of capacity required for
connection.
B.
Capacity allocations for the purpose of determining
the tapping fee shall be determined on the basis of a total wastewater
flow (including water use and an average infiltration/inflow allowance)
of 250 gpd per EDU. Each private dwelling unit or living unit (including
each house, townhouse, condominium or apartment unit) shall have an
EDU value of one EDU per unit. The EDU value of any other uses shall
be determined by the Township.
C.
Where two or more buildings are connected to the sewer
system through a single service connection or where two or more uses
are made of the same improved property, the tapping fee determination
shall be computed as though such building and each type of use were
separate improved properties or uses with separate sewer connections.
D.
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 directly to the sewer system through an existing lateral, or connected directly through a new lateral so as to create or establish more extensive use or additional uses as classified in Subsection B above, an additional tapping fee in accordance with Subsection A above, for each such additional use, shall be payable to the Township by the owner of the property so improved.
E.
The fees imposed hereunder shall be in addition to
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.
For each existing dwelling unit and other established
uses within the East Central Sewer District, the tapping fees established
herein shall be due and payable within 60 days of the effective date
of this article. All other connection, customer facilities or tapping
fees fixed and imposed under this chapter shall be due and payable
at the time of application for connection. For each new dwelling unit
or other use, or converted, enlarged or remodeled or additional buildings,
the tapping fees shall be due and payable at the time of application
for connection.
[Amended 4-13-2009 by Ord. No. 3-2009]
A.
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.
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 and costs 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.
B.
All persons owning any occupied private dwelling unit
or living unit now erected upon property in the East Central Sewer
District shall, at their own expense, connect such unit with the sewer
system within 60 days after written notice to such persons from the
Township, unless said persons obtain at their own expense a septic
certification which states that the existing sewage disposal system
on the property has been inspected and found to presently be in satisfactory
working condition, in accordance with the septic systems inspection
guidelines of the Pennsylvania Septic Management Association (PSMA),
adopted April 6, 1989. The inspection shall be conducted by a member
of the PSMA, and the certification shall be on the form known as the
"PSMA Septic System Inspection Checklist" dated March 1992. The PSMA
inspection guidelines and checklist are attached hereto and incorporated
herein as Appendix A.[1] The certification shall be submitted to the Township within
30 days after the property owners receive written notice from the
Township to connect and, thereafter, the property owners shall annually,
at their own expense, cause an inspection and certification to be
obtained in accordance with the above requirements and submit the
same to the Township. In the event that the property owners fail to
obtain or submit the annual certification, or in the event that the
sewage disposal system is found at any time not to presently be in
satisfactory working condition, the property owners shall, at their
own expense, connect with the sewer system within 60 days.
[1]
Editor's Note: Appendix A is on file in the
Township offices.
C.
Notwithstanding any provision to the contrary set forth in Subsection B above, all persons shall, at their own expense, connect such building with the sewer system prior to the sale or transfer of the property to a third party, even if said persons have obtained a septic certification which states that the existing sewage disposal system is found to presently be in satisfactory working condition.
D.
Anyone connecting into the East Central Sewer System,
or any future extension of this system, will be required to comply
with all parts of this article.
No connection shall be made to the East Central
Sewer System except in compliance with this chapter and with the ordinances
and resolutions, as well as such rules and regulations which may,
from time to time, be enacted, adopted, approved or promulgated by
the Township.
The Township and its agents and employees shall
have the right of access to and may enter any building, property,
lands, premises or place as may be necessary to carry out the provisions
of this article and the rules and regulations promulgated hereunder.
In connection with such inspection or investigation, samples may be
taken of any solid, semisolid, liquid or contained gaseous material
for analysis.
The provisions of this article are declared
to be for the health, safety and welfare of the citizens of the Township,
and persons violating any provisions of this article, upon conviction
before any District Justice, shall be fined not more than $1,000 and
costs of prosecution and collection activities or by imprisonment
in the county jail for a term not to exceed 30 days, or both such
fines and imprisonment. The continuation of such violation for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for such separate offense.
In addition to penalties provided in § 105-85, the Township is authorized to file appropriate actions in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate, make connections to the sewer system and remove any septic disposal system owned, operated or maintained in violation of the provisions of this article. Violations of this article are declared to be public nuisances, abatable as such.
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 connection of properties
to the East Central Sewer System and for the use, maintenance and
operation of the East Central Sewer System, and all such rules and
regulations shall be and become a part of this article.
For all ordinances or resolutions or parts of
ordinances or resolutions, insofar as they are inconsistent herewith,
the more stringent ordinance or resolution shall apply.
This article and any rules and regulations hereunder
shall become effective immediately and shall be applicable to all
properties within the East Central Sewer District. 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 fees in such manner and at such times as, in its opinion, may
be advisable.
If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, invalidity or illegality shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of this article. It is hereby declared that it is
the intent of the Board of Supervisors of Willistown Township that
this article would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part hereof not been included
therein.
