[Adopted 11-20-1997 by Ord. No. 97-18]
West Manchester Township has determined, based upon a report
prepared by its consulting engineers, pursuant to Act 203 of 1990,[1] that certain impact fees as prescribed by said Act must
be imposed in order to recover certain capital costs incurred in the
construction of the Bull Road Pumping Facilities and appurtenant facilities
and in order to provide for the recovery of certain costs associated
with the connection of additional users to the sewer system in order
to avoid the creation of an unreasonable and inequitable economic
burden upon the Township and the initial users of the sewer system.
It is, therefore, deemed to be in the public interest of the Township,
the initial users of the sewer system and the future users, that all
improved properties (excepting improved properties in Barrington Place
Developments Phases III and IV) hereafter connected to the Bull Road
Pumping Facilities of the sanitary sewer system pay certain fees as
provided in Act 203 of 1990 and as provided in this article. The purpose
of this article is to provide for the imposition and collection of
such fees.
[1]
Editor's Note: See 53 P.S. § 306B(t).
When used in this article, the following words, terms and phrases
shall have prescribed to them the meanings hereafter set forth:
A building which is intended to be used for continuous or
periodic habitation by human beings and containing two or more family
dwelling units; or which contains business or professional offices
and one or more family dwelling units; or which contains business,
professional or any other similar type of office or offices.
The sewer pumping facilities located at the intersection
of Kenneth Road and Roosevelt Avenue, West Manchester Township, York
County, Pennsylvania.
An improved property which is intended to be used for the
purpose of carrying on a trade, business or profession or for social,
religious, educations, charitable or public uses.
An improved property which is intended to be used for continuous
or periodic habitation by human beings in a single-family unit.
In the case of a domestic use, any room, group of rooms,
house, trailer or other structure or enclosure occupied or intended
for occupancy as separate living quarters by a family or by persons
living together or by persons living alone. The volume of sanitary
sewage generated by one EDU is stated to be 325 gallons per day average.
In the case of apartment or office uses, commercial uses, industrial
uses and all other uses, one EDU shall be equal to 325 gallons per
day average.
Any property located within the area of the Township serviced
by the Bull Road Pumping Facilities upon which there is erected a
structure or structures intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
or structures sanitary sewage and/or industrial wastes shall be or
may be discharged; provided, however, that improved properties located
within Barrington Place Development Phases III and IV shall be exempt
from the provisions of this article.
An improved property which is intended to be used in whole
or in part for the manufacture, fabrication, processing, cleaning,
laundry, conversion or assembly of any product, commodity or article.
Any solid, liquid, gaseous or waterborne wastes from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations and other groups or entities,
public and private.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or groundwater.
The fee authorized by Act 203 of 1990 and which is required
to be paid upon the connection of any improved property to the Bull
Road Pumping Facilities operated by the Township.
The Township of West Manchester, York County, Pennsylvania.
No person shall connect any improved property with any part of the sewer system serviced by the Bull Road Pumping Facilities without first making application, securing a permit therefor in writing from this Township and making payment of the fees in the amounts set forth in § 109-60 of this article. Such application shall be made on a form to be provided by this Township.
A.Â
Pursuant to Act 203 of 1990[1] and as determined in the report prepared by the consulting
engineers to the Township, a tapping fee is hereby imposed against
any improved property and against the owner of such improved property
(excepting improved properties in Barrington Place Development Phases
III and IV) whenever such owner hereafter shall connect any such improved
property with a sewer main connecting with and serviced by the Bull
Road Pumping Facilities operated by the Township, which tapping fee
shall be calculated in the following manner:
|
Component
|
Amount
| |
|---|---|---|
|
Capacity part
|
$0.00 per EDU
| |
|
Distribution or collection part
|
$0.00 per EDU
| |
|
Special purpose part
|
$0.00
| |
|
Reimbursement component
|
$521.43 per EDU
| |
|
$521.43
|
[1]
Editor's Note: See 53 P.S. § 306B(t).
B.Â
The above tapping fee is imposed and payable for each separate use
made within any improved property. In the case of domestic uses and
apartment or office uses, a separate tapping fee shall be paid for
each dwelling unit or apartment or each office or suite of offices.
In the case of commercial uses, industrial uses and all other types
of uses, a separate tapping fee shall be paid for each separate use
or type of use made within such improved property.
C.Â
In those cases where an improved property is already connected to
the sewer system and where there is an expansion of, addition to or
a change in the use of such improved property which results in an
increase in the volume of sanitary sewage discharged from such property,
an additional tapping fee shall be paid for each additional EDU or
the equivalent flow generated by such expansion, addition or change
in use, based upon the additional estimated average daily flow or
sewage to be generated by or discharged from such improved property.
Where the additional actual average daily flow generated from or discharged
by such improved property during the first full quarterly billing
period after substantial occupancy exceeds the estimated flow, the
owner of such improved property shall be required to pay the additional
tapping fees as determined from the actual flow records and, where
the actual flow is less than the estimated flow, an appropriate refund
shall be made to said owner.
D.Â
The tapping fee established by this article 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 tapping fee, but rather, such fee may
be amended and changed by resolution of the Board of Supervisors.
A.Â
The tapping fee imposed hereunder with respect to any improved property
(excepting improved properties in Barrington Place Development Phases
III and IV) to be served by the Bull Road Pumping Facilities shall
be due and payable at the time of the filing of the application to
connect such property to the sewer system or within 60 days of the
date the owner of such property is notified by the Township to connect
such improved property with the sewer system, whichever occurs sooner;
provided, however, that in the case of any new development requiring
the approval of a subdivision or land development plan by West Manchester
Township and/or where the Township is required to approve a planning
module for submission to and approval by the Pennsylvania Department
of Environmental Resources in connection with such development, it
shall be a condition of the approval of such planning module by the
Township that the tapping fee established in this article shall be
paid or secured by financial security acceptable to the Township prior
to or simultaneously with the approval of said module, and no capacity
in the sewer system shall be guaranteed for such development in the
absence of such payment or the securing thereof. Any tapping fee or
fees paid in order to guarantee sewer capacity as provided in this
subsection shall be nonrefundable and the capacity obtained or guaranteed
shall be nontransferable or assignable to any other person or for
the use of any other lot, subdivision or land development without
the express written approval of the Township; rather, however, such
capacity shall be in the nature of a covenant running with the land
and upon the sale or conveyance by any means of any unimproved lot,
parcel, tract of any part of a subdivision or land development, the
capacity applicable to such lot, parcel, tract or part of the subdivision
or land development shall become the property of the new owner thereof,
with or without a formal assignment of such capacity. Any such capacity
guaranteed by the payment of the tapping fees as provided in this
subsection shall be valid for a period of three years from the date
of payment, and upon the expiration of said three-year period, the
owner must file an application with the Township to renew or extend
such guaranty, which renewal or extension shall be limited to a maximum
of one additional three-year period.
B.Â
All tapping fees shall be paid to the Treasurer of the Township or
to such other officer, representative or agent of the Township as
shall be authorized, from time to time, to accept payment thereof.
Whenever any improved property subject to the terms of this
article shall connect to the sanitary sewer system and shall pay the
tapping fee imposed by this article, the Township shall reimburse
to Orchard Hills Real Estate Inc., its successors and assigns, the
sum of $394.14 per EDU and shall reimburse to the West Manchester
Township Sewer Authority the sum of $101.17 per EDU. West Manchester
Township shall retain the sum of $26.07 per EDU as an administrative
fee. The obligation of the Township to reimburse Orchard Hills Real
Estate, Inc., and the West Manchester Township Sewer Authority shall
cease and terminate on September 8, 2007; provided, however, that
in no event shall West Manchester Township reimburse to Orchard Hills
Real Estate, Inc., or the West Manchester Sewer Authority an amount
in excess of the total costs to install the sanitary sewer facilities
serviced by the Bull Road Pumping Facilities and the Bull Road Pumping
Facilities itself.
The tapping fees imposed by this article shall be a lien on
the improved property connected to and served by the sewer system
where such fees or charges are not paid as provided herein, which
lien shall be filed in the Office of the Prothonotary of York County,
Pennsylvania, and shall be collected in the manner provided by law
for the filing and collection of municipal claims. In addition, the
payment of said fees imposed hereunder may be enforced by the Township
in any manner appropriate under existing laws at the time they become
due and payable.
Any person who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
This article shall be effective five days after enactment by
the Board of Supervisors of West Manchester Township and shall apply
to the portion of the sanitary sewer system serviced by the Bull Road
Pumping Facilities; provided, however, that improved properties in
the Barrington Place Development Phases III and IV shall not be subject
to the provisions of this article.
