[Adopted 3-26-1998 by Ord. No. 98-03]
The Board of Supervisors of West Manchester Township has determined
that the cost of the sanitary sewer system capacity allocated to West
Manchester Township in the 1997 expansion of the Dover Township Waste
Water Treatment Plant creates an unreasonable and inequitable economic
burden upon the Township and existing customers of the Shiloh Sanitary
Sewer System. Until such time as a person owning undeveloped property
in the area served by the Shiloh Sanitary Sewer System chooses to
make use of the expanded capacity, the Township and ultimately the
existing users of the system are required to amortize the cost of
the expanded capacity. It is, therefore, deemed to be in the public
interest of the Township and the existing users of the Shiloh Sanitary
Sewer System that a person owning undeveloped land in the area of
West Manchester Township served by the Shiloh Sanitary Sewer System
(and any expansion thereof) shall be afforded an opportunity to purchase
sanitary sewer system treatment capacity in the expanded Dover Township
Waste Water Treatment Plan by paying a charge designated and calculated
to amortize the cost of that portion of the treatment system allocated
to and reserved for that person. The purpose of this article is to
provide for the imposition and collection of a charge to purchase
treatment capacity in the expanded Dover Township Waste Water Treatment
Plant.
As used in this article, the following terms shall have the
meanings indicated:
Any person who makes, causes to be made or proposes to make
a subdivision of land or a land development.
An EDU shall be equivalent to an average daily flow or discharge
into the sewer system of 300 gallons per day. Each residential unit
shall be equivalent to one EDU. The number of EDUs for a nonresidential
unit shall be determined by dividing the total actual or estimated
daily flow (measured in gallons) of industrial waste or sanitary sewage
into the sewer system by 300 gallons. Each nonresidential unit shall
be equivalent to at least one EDU.
Any individual or group of individuals, partnership, joint
venture, public or private corporation or any other entity of any
nature.
All sanitary sewers, all pumping stations, all force mains,
all sewage treatment works and all other sewer facilities owned by
or leased to and operated by the Township for the collection, transportation
and treatment of sanitary sewage and industrial waste, together with
their appurtenances and any additions, extensions or improvements
thereto, situate in the Shiloh sewered area. The term shall also include
sewers within the Township which serve one or more properties discharging
into the public sanitary sewer system, even though such sewers may
not have been constructed by the Township and are not owned or maintained
by the Township.
The Township of West Manchester, York County, Pennsylvania.
Sewer capacity allocated to the Township in the expanded Dover
Waste Water Treatment Plant may be purchased and reserved by a developer
or any other person in the following manner:
A.
For a period of 90 days from a date to be selected by the Township,
any developer or other person may apply to purchase capacity in the
expanded Dover Waste Water Treatment Plant, provided that the developer
or person purchasing the capacity complies with all provisions of
this article.
B.
Capacity shall be purchased on an EDU basis.
C.
Any person desiring to purchase capacity in the expanded Dover Waste
Water Treatment Plant shall prepare and submit to the Township a written
application requesting the purchase of sewer capacity.
D.
The application for purchase of sewer capacity shall be in the form
provided by the Township and shall include information and supporting
data as the Township shall determine is reasonably necessary.
E.
Each EDU purchased shall be allocated to a specific parcel or piece
of land.
Each person may apply to purchase capacity on a first-come-first-served
basis by complying with the following procedures:
A.
The Township shall sell sufficient capacity to allow 1,000 EDUs to
be connected to the Shiloh Sanitary Sewer System.
B.
Each person may apply to purchase EDU capacity by agreeing to pay to the Township the charges set forth in § 109-71 of this article. The person applying to purchase capacity shall determine the number of EDUs to be purchased for each parcel or piece of land.
C.
After the person determines the number of EDUs to be purchased, that
person shall file an application for each parcel or piece of land
with the Township to purchase those EDUs.
D.
Applications for purchase of EDUs will be received by the Township
at any time during normal business hours; provided, however, that
applications will only be received for a ninety-day period to be established
by the Township.
E.
Applications received 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 purchase of capacity shall be maintained by
the Township in chronological order by the date and time received.
A.
Applications for the purchase of capacity shall be accepted and 1,000
EDUs of capacity shall be sold on a first-come-first-served basis.
B.
At the end of the ninety-day application period, the Township shall
notify each person who has filed an application if his application
has been accepted or rejected.
C.
Each person or developer who receives notice that his application has been accepted by the Township shall have 30 days to notify the Township that he wishes to purchase the capacity. If the person or developer fails to notify the Township within 30 days and fails to make payment arrangements as set forth in § 109-71 of this article, the capacity will be sold to another person or developer.
D.
If the total capacity (1,000 EDUs) has not been sold within the ninety-day
time period referred to in this article, then in such event, the Township
shall sell any remaining capacity on a first-come-first-served basis
until the entire 1,000 EDUs have been sold.
E.
Nothing contained in this article shall prevent the Township from
selling additional EDU capacity reserved by the Township for infill
development and infiltration and inflow buffer; provided, however,
that the Township does not guarantee to any person that such capacity
will be available unless that person has purchased capacity pursuant
to the terms and conditions of this article.
A.
Each person or developer who receives notice from the Township that
his application has been accepted by the Township shall pay to the
Township the sum of $2,196.79 for each EDU purchased, provided that
the EDU is purchased in the calendar year 1998.
B.
The purchase price shall be paid in full to the Township within 90
days from the time that the person or developer is notified that the
application to purchase capacity has been accepted by the Township.
C.
The Township may, at the Township's option, grant a person or developer
a period of one year from the time that the person or developer has
been notified that his application has been accepted to pay for the
purchased capacity if the person or developer posts surety with the
Township in the form of a letter of credit to guarantee payment of
the purchase price.
D.
If the total number of EDUs available for purchase (1,000 EDUs) are
not purchased during the initial ninety-day period set forth in this
article or if other remaining EDUs are sold at a later time, the EDUs
shall be sold by the Township pursuant to the following rate schedule:
|
Year
|
Cost per EDU
| |
|---|---|---|
|
1998
|
$2,196.79
| |
|
1999
|
$2,314.32
| |
|
2000
|
$2,438.13
| |
|
2001
|
$2,568.57
| |
|
2002
|
$2,705.99
| |
|
2003
|
$2,850.76
| |
|
2004
|
$3,003.28
| |
|
2005
|
$3,163.96
| |
|
2006
|
$3,333.23
| |
|
2007
|
$3,511.55
| |
|
2008
|
$3,699.42
| |
|
2009
|
$3,897.34
| |
|
2010
|
$4,105.85
| |
|
2011
|
$4,325.51
| |
|
2012
|
$4,556.93
| |
|
2013
|
$4,800.72
| |
|
2014
|
$5,057.56
| |
|
2015
|
$5,328.14
| |
|
2016
|
$5,613.20
| |
|
2017
|
$5,913.50
| |
|
2018
|
$6,229.88
| |
|
2019
|
$6,563.17
| |
|
2020
|
$6,914.30
| |
|
2021
|
$7,284.22
| |
|
2022
|
$7,673.92
|
A.
Each EDU purchased shall be allocated to a specific parcel or piece
of land and shall not be transferred to any other parcel or piece
of land without prior approval of the Township, which approval shall
not be unreasonably withheld; provided, however, that should the ownership
of the land to which sewer capacity has been allocated be transferred
after capacity has been purchased, the purchased capacity shall be
transferred to the new owner of the parcel or piece of land for which
capacity has been purchased.
B.
Should a parcel or piece of land for which capacity has been purchased
be subdivided, the developer shall distribute the capacity among the
various parcels created by the subdivision; the distribution shall
be shown on a form supplied by the Township prior to final approval
of the subdivision plan.
C.
In the event that a parcel or piece of land is fully developed, and
in the event that all capacity purchased for the parcel or piece of
land is not utilized, the person purchasing the capacity may return
the purchased capacity to the Township and receive a refund of all
charges, without interest, paid to the Township in order to purchase
the capacity. In the alternative, the person who has purchased the
capacity may, with the approval of the Township, transfer the purchased
capacity to another person and assign the transferred capacity to
a particular parcel or piece of land.
This article shall apply to all persons connecting, intending
to connect or ordered to connect to the Shiloh Sanitary 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 not apply to any person who has reserved sewer
capacity in the Shiloh Sanitary Sewer System pursuant to the "Shiloh
Reserve Sewer Capacity Regulations" adopted in Township Ordinance
No. 76-4.[1]
