[Adopted 9-24-1981 by Ord. No. 81-15]
A.
Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this section.
B.
In this article, when not inconsistent with the context:
C.
BASE YEAR SEWAGE FLOW
CAPACITY PERMIT
EDU
INCREASED FLOW PERMIT
PARCEL OR PIECE OF LAND
SEWER SYSTEM OR SYSTEM
TOWNSHIP
The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this article:
The average daily sewage flow, in gallons, of a person using
the system during the calendar years 1980 and 1981 or portion thereof;
for those customers connecting to the system after 1981, the base
year sewage flow shall be the number of EDUs for which a connection
permit has been issued.
A permit issued by West Manchester Township which shall authorize
the holder thereof to apply for a building, connection and plumbing
permit from the Township.
An equivalent dwelling unit. Each dwelling unit will, for
the purposes of this article, be considered an "EDU"; an "EDU" will,
for the purposes of this article, be presumed to add 350 gallons of
sewage flow per day to the system.
A permit issued by West Manchester Township that authorizes
a customer of the system to increase the number of gallons discharged
into the system over and above the base year sewage flow.
A parcel or contiguous parcels of land which are owned by
one person; a specific description of the parcel or piece of land
shall be supplied by the owner thereof to the Township at the time
the owner files an application to reserve capacity in the system.
A "parcel or piece of land" may refer to an undeveloped piece of land
or a developed piece of land upon which improvements are not connected
to the sewer system.
Those areas of West Manchester Township serviced or to be
serviced by sanitary sewers discharging to the City of York wastewater
treatment plant.
West Manchester Township.
Sewer capacity allocated to the Township pursuant to the consent
order/agreement may be reserved to the customers and future customers
of the sewer system in the following manner:
A.
Sewer capacity shall be reserved on a first-come-first-served basis.
B.
Future customers of the system and existing customers of the system who anticipate increased use of the system may reserve capacity in the system by making the payment set forth in § 109-53 of this article.
C.
Capacity reserved by future or existing customers of the system shall
be reserved on an EDU basis.
D.
Each EDU reserved by a future or existing customer shall be allocated
to a specific parcel or piece of land and shall not be transferred
to any other parcel or piece of land; provided, however, that should
the ownership of the land be transferred after capacity has been reserved,
the reserved capacity shall be transferred to the new owner of the
parcel or piece of land for which capacity has been reserved.
E.
Should a parcel or piece of land for which capacity has been reserved
be subdivided, the subdivider shall distribute the capacity among
the various parcels created by the subdivision; the distribution shall
be shown on a form supplied to the Township prior to final approval
of the subdivision plan.
F.
In the event that a parcel or piece of land is fully developed and
in the event that all capacity reserved for said parcel or piece of
land is not utilized, the person reserving the capacity may return
the reserved capacity to the Township and receive a refund of all
charges paid to the Township in order to reserve that capacity. In
no event shall the reserved capacity be transferred to another parcel
or piece of land or to any other person.
Each future or existing customer may reserve capacity on a first-come-first-served
basis for complying with the following procedures:
A.
Each customer, future or existing, may reserve EDU capacity by paying to the Township the charges set forth in § 109-53 of this article. The customer shall determine the number of EDUs to be reserved for each parcel or piece of land.
B.
After the customer determines
the number of EDUs to be reserved, he shall file an application for
each parcel or piece of land with the Township to reserve those EDUs.
C.
Applications for reservation of EDUs will be accepted by the Township
at any time during normal business hours.
D.
In order to be accepted by the Township, applications must be accompanied by payment of the charges set forth in § 109-53 of this article.
E.
Applications received and accepted by the Township shall be marked
with the date and time received and shall be received only during
normal business hours.
F.
All applications for reservation of capacity shall be maintained
by the Township in chronological order by the date and time received,
provided that all charges applicable to the application are paid in
full when due.
G.
In the event that the annual charges for reservation of capacity
are not paid to the Township when due, the application will be removed
from the chronological list. If and when payments are resumed on the
application, the application will be treated as a new application
and will be added to the chronological list based upon the date and
time the payments are resumed and paid in full to date; however, it
is not intended that initial and annual payments made before a reservation
is allowed to lapse be repeated.
For the calendar year 1981, applications for capacity permits
shall be accepted and capacity permits shall be awarded for available
capacity on a first-come-first-served basis.
A.
For the calendar 1982, the Township shall determine the minimum and
maximum number of EDUs available for connection to the system on or
before November 15, 1981. The maximum number of EDUs made available
by the Township for connection to the system may be less than the
actual allocation for the year.
B.
After determining the minimum number of EDUs available for the calendar
year 1982, the Township shall accept applications for capacity permits
for that calendar year. Applications for capacity permits will only
be accepted by the Township from those persons who have reserved capacity
and who have paid all charges due to the Township in connection with
the reservation of capacity.
C.
For the calendar year 1982, persons desiring a capacity permit for
that year and who have reserved capacity may file an application for
a capacity permit with the Township prior to October 31, 1981.
D.
Within 15 days after October 31, 1981, the Township shall inform
the applicants that have applied for capacity permits for the calendar
year 1982 of the number of capacity permits that each applicant has
been awarded. Capacity permits shall be awarded to those persons who
have reserved capacity in the chronological order in which capacity
has been reserved.
E.
If all capacity permits have been awarded pursuant to Subsections C and D of this section, the Township shall not accept any more applications for capacity permits for the calendar year 1982. In the event that all capacity permits for available capacity for the calendar year 1982 are not awarded pursuant to Subsections C and D of this section, applications for capacity permits in the calendar year 1982 shall be accepted and permits shall be awarded after November 15, 1981, on a first-come-first-served basis without any regard for the chronological order of capacity reservations as established in § 109-48 of this article; provided, however, that before an application for a capacity permit is accepted by the Township from a person who has not previously reserved capacity, that person shall pay to the Township all charges for the reservation of capacity imposed by § 109-53 of this article.
F.
Capacity permits shall authorize a person to secure a connection
and plumbing permit from the Township during the calendar year 1982.
In the event that a connection and plumbing permit is not issued on
or before October 31, 1982, the capacity permit shall expire; provided,
however, that the Board of Supervisors may extend the expiration date
of a capacity permit for an additional six months for good cause shown.
Applications for extension of a capacity permit must be filed with
the Township prior to October 31, 1982. No refund shall be made by
the Township on account of the expired capacity permits.
A.
On or before November 15, 1982, and on or before November 15 of each
calendar year thereafter, the Township shall determine the minimum
and maximum number of EDUs available for connection to the system
for the following calendar year. The maximum number of EDUs made available
by the Township for connection to the system may be less than the
actual allocation for that year.
B.
Between April 1 and October 31 of 1982 and each calendar year thereafter,
the Township shall accept applications for capacity permits for the
following calendar year. During the aforesaid period, applications
for capacity permits will only be accepted by the Township from those
persons who have reserved capacity and who have paid all charges due
to the Township in connection with the reservation of capacity.
C.
Within 15 days after October 31, 1982, and within 15 days of October
31 of each calendar year thereafter, the Township shall inform the
applicants that have applied for capacity permits during the period
April 1 to October 31 of the number of capacity permits that each
applicant has been awarded. Capacity permits shall be awarded to those
persons who have reserved capacity in the chronological order in which
capacity has been reserved.
D.
If all capacity permits have been awarded pursuant to the procedures established in Subsections B and C of this section, the Township shall not accept any further applications for capacity permits for the next calendar year. In the event that all capacity permits for available capacity for the next calendar year are not awarded pursuant to Subsections B and C of this section, application for capacity permits to be used in the calendar year 1983 and for each calendar year thereafter shall be accepted and permits awarded after November 15, 1982, and after November 15 of each calendar year thereafter on a first-come-first-served basis without any regard for the chronological order of capacity reservations as established in § 109-48 of this article; provided, however, that before an application for a capacity permit is accepted by the Township from a person who has not previously reserved capacity, that person shall pay to the Township all charges for the reservation of capacity imposed by § 109-53 of this article.
E.
Capacity permits shall authorize a person to secure a connection
and plumbing permit from the Township for the next calendar year.
In the event that a connection and plumbing permit is not issued on
or before October 31 of the next calendar year, the capacity permit
shall expire; provided, however, that the Board of Supervisors may
extend the expiration date of a capacity permit for an additional
six months upon good cause shown. Applications for extension of capacity
permits must be filed with the Township prior to October 31 of the
year in which the permit will expire. No refund shall be made by the
Township on account of expired capacity permits.
A.
Existing customers of the system shall not, without having first
obtained an increased flow permit from the Township, increase sewage
flow over the base year sewage flow.
B.
Existing customers of the system who anticipate increased sewage flow over and above the base year sewage floor may reserve capacity in the system pursuant to § 109-48 of this article.
C.
At the time an existing customer wishes to increase the flow over
the base year sewage flow, the customer shall file with the Township
an application for an increased flow permit.
D.
Applications for an increased flow permit shall be processed and
increased flow permits shall be awarded in accordance with the procedures
established by this article for capacity permits. The fees and charges
for increased flow permits shall be the same as those established
for reservation of capacity and capacity permits.
E.
The award of an increased flow permit by the Township to an existing
customer shall authorize the customer to increase sewage flow into
the system in the calendar year for which the permit is granted and
thereafter. An existing customer shall not increase the flow beyond
the amount set forth in the permit.
F.
Should an existing customer increase flow into the system over the base year sewage flow without first having obtained an increased flow permit, the customer shall be liable to the Township for the charges and penalties set forth in § 109-55 of this article.
G.
Should an existing customer increase flow into the system over the
base year sewage flow without first having obtained an increased flow
permit, the Township may, in addition to the charges and penalties
provided for in this article, institute, in the name of the Township,
an appropriate action or proceeding to enjoin the existing customer
from increasing flow into the system over the base year sewage flow.
A.
Each person who shall file an application for reservation of capacity
shall pay an initial payment per EDU according to the following schedule:
[Amended 1-2-1990 by Ord. No. 90-01; 11-14-2013 by Ord. No. 13-06; 12-17-2020 by Ord. No. 20-07]
|
From
|
Through
|
Amount per EDU
|
|---|---|---|
|
January 1, 2000
|
December 31, 2000
|
$475
|
|
January 1, 2001
|
December 31, 2001
|
$500
|
|
January 1, 2002
|
December 31, 2002
|
$525
|
|
January 1, 2003
|
December 31, 2003
|
$550
|
|
January 1, 2004
|
December 31, 2004
|
$575
|
|
January 1, 2005
|
December 31, 2005
|
$600
|
|
January 1, 2006
|
December 31, 2006
|
$625
|
|
January 1, 2007
|
December 31, 2007
|
$650
|
|
January 1, 2008
|
December 31, 2008
|
$675
|
|
January 1, 2009
|
December 31, 2009
|
$700
|
|
January 1, 2010
|
December 31, 2010
|
$725
|
|
January 1, 2011
|
December 31, 2011
|
$750
|
|
January 1, 2012
|
December 31, 2012
|
$775
|
|
January 1, 2013
|
December 31, 2013
|
$800
|
|
January 1, 2014
|
December 31, 2014
|
$825
|
|
January 1, 2015
|
December 31, 2015
|
$850
|
|
January 1, 2016
|
December 31, 2016
|
$875
|
|
January 1, 2017
|
December 31, 2017
|
$900
|
|
January 1, 2018
|
December 31, 2018
|
$925
|
|
January 1, 2019
|
December 31, 2019
|
$950
|
|
January 1, 2020
|
December 31, 2020
|
$975
|
|
January 1, 2021
|
December 31, 2021
|
$975
|
|
January 1, 2022
|
December 31, 2022
|
$975
|
|
January 1, 2023
|
December 31, 2023
|
$975
|
|
January 1, 2024
|
December 31, 2024
|
$975
|
|
January 1, 2025
|
December 31, 2025
|
$975
|
B.
Each person who has reserved capacity and who has paid the initial
reservation payment shall, on or before March 31 of each year after
the initial reservation payment, pay to the Township $13.41 per year
per reserved EDU for which a connection permit has not been issued.
C.
In the event that the yearly reservation charge of $13.41 per EDU
is not paid on or before March 31 of each year, the reservation of
capacity shall be removed from the chronological order as hereinbefore
provided.
D.
In the event that a person fails to pay for reservation of capacity
on or before March 31 of each year and in the event that that person
later resumes payment for reservation of capacity, the person shall
pay, in addition to the reservation charges, interest at the rate
of 6% from March 31 until the time payments are resumed. The payment
of interest shall not entitle a person to resume his original position
on the chronological order.
A.
Each person who shall file an application for a capacity permit pursuant to the procedures established in § 109-50A through D and § 109-51A through C shall, on or before October 31 of the year in which the application is filed, pay a fee per EDU to the Township for capacity charges according to the following schedule:
[Amended 1-2-1990 by Ord. No. 90-01; 11-14-2013 by Ord. No. 13-06; 12-17-2020 by Ord. No. 20-07]
|
From
|
Through
|
Amount per EDU
|
|---|---|---|
|
January 1, 2000
|
December 31, 2000
|
$1,855
|
|
January 1, 2001
|
December 31, 2001
|
$1,960
|
|
January 1, 2002
|
December 31, 2002
|
$2,065
|
|
January 1, 2003
|
December 31, 2003
|
$2,170
|
|
January 1, 2004
|
December 31, 2004
|
$2,275
|
|
January 1, 2005
|
December 31, 2005
|
$2,380
|
|
January 1, 2006
|
December 31, 2006
|
$2,485
|
|
January 1, 2007
|
December 31, 2007
|
$2,590
|
|
January 1, 2008
|
December 31, 2008
|
$2,695
|
|
January 1, 2009
|
December 31, 2009
|
$2,800
|
|
January 1, 2010
|
December 31, 2010
|
$2,905
|
|
January 1, 2011
|
December 31, 2011
|
$3,010
|
|
January 1, 2012
|
December 31, 2012
|
$3,115
|
|
January 1, 2013
|
December 31, 2013
|
$3,220
|
|
January 1, 2014
|
December 31, 2014
|
$3,325
|
|
January 1, 2015
|
December 31, 2015
|
$3,430
|
|
January 1, 2016
|
December 31, 2016
|
$3,535
|
|
January 1, 2017
|
December 31, 2017
|
$3,640
|
|
January 1, 2018
|
December 31, 2018
|
$3,745
|
|
January 1, 2019
|
December 31, 2019
|
$3,850
|
|
January 1, 2020
|
December 31, 2020
|
$3,955
|
|
January 1, 2021
|
December 31, 2021
|
$3,955
|
|
January 1, 2022
|
December 31, 2022
|
$3,955
|
|
January 1, 2023
|
December 31, 2023
|
$3,955
|
|
January 1, 2024
|
December 31, 2024
|
$3,955
|
|
January 1, 2025
|
December 31, 2025
|
$3,955
|
B.
In the event that an application for a connection permit is not granted
because of lack of capacity, the Township shall refund the fee paid
for capacity charges pursuant to this section.
C.
Each person who shall file an application for a capacity permit on a first-come-first-served basis, pursuant to § 109-50E or 109-51B of this article, shall, at the time the application is filed, pay a fee per EDU to the Township for capacity charges according to the schedule of fees established in Subsection A of this section. In addition, such person shall also pay to the Township the fee for reservation of capacity established in § 109-53 of this article.
B.
In the event that a person exceeds his base year sewage flow without having first obtained an increased flow permit, he shall pay, in addition to the charges set forth in Subsection A of this section, a one-time penalty charge per EDU, which sum shall be equal to the capacity charge per EDU for the period in which the person first exceeds the base year sewage flow.
[Added 12-17-2020 by Ord. No. 20-07]
The fees established in Chapter 109, Article V, § 109-53, and Chapter 109, Article V, § 109-54, may be amended and changed from time to time by resolution duly adopted by the Board of Supervisors of West Manchester Township, York County, Pennsylvania. It shall not be necessary for the Board of Supervisors to adopt a new ordinance to change the amount of the fees established in Chapter 109, Article V, § 109-53, and Chapter 109, Article V, § 109-54, but rather, such fees may be amended and changed by resolution of the Board of Supervisors.
This article shall apply to all persons connecting, intending
to connect or ordered to connect to the sewer system after the effective
date of this article, excepting herefrom those persons ordered by
the Township to connect to the sewer system prior to the effective
date of this article and those persons who have been granted a connection
permit prior to the effective date of this article. This article shall
also apply to those persons who increase or intend to increase the
number of gallons discharged into the system over and above the base
year sewage flow after the effective date of this article.
