[Res. 02-13, 6/5/2002, § I]
Shrewsbury Township has determined that in order to defray the cost of constructing a collection system within the Keeney Sanitary Sewer District and the Forest Lakes Sanitary Sewer District, the cost to operate, maintain, and repair the collection system and to treat the sewage effluent, it is necessary to impose sewer rentals to administer the sewage disposal system in an equitable manner to all improved properties within the Keeney Sanitary Sewer District and within the Forest Lakes Sanitary Sewer District. The purpose of this Part 6C is to impose and collect sewer fees.
[Res. 02-13, 6/5/2002, § II]
- APARTMENT OR OFFICE USE
- 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.
- COMMERCIAL USE
- An improved property which is intended to be used for the purpose of carrying on a trade, business or profession, or for social, religious, educational, charitable or public uses.
- DOMESTIC USE
- An improved property which is intended to be used for continuous or periodic habitation by human beings in a single family unit.
- A building or structure constructed, erected, altered, designed, used or intended for use, in whole or in part, for human habitation excepting therefrom that part of the building occupied for the conduct of a profession or business.
- DWELLING UNIT
- Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, whether occupied or unoccupied.
- EDU (EQUIVALENT DWELLING 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 350 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 350 gallons per day average.
- FOREST LAKES SANITARY SEWER DISTRICT
- The sewer district as delineated by a Resolution adopted by Shrewsbury Township dated June 21, 1996.
- IMPROVED PROPERTY
- Any property located within the Keeney Sanitary Sewer District or within the Forest Lakes Sanitary Sewer District on which there is located within 150 feet of a sewer main or lateral, a structure intended for continuous or periodic habitation, occupancy or use by human beings, irrespective of whether that use is for residential, commercial or industrial purposes from which structure sanitary sewage and/or industrial waste shall be or may be discharged into a sewer system.
- INDUSTRIAL USE
- 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.
- INDUSTRIAL WASTE
- Any solid, liquid, gaseous or water borne waste from industrial processes or commercial establishments, as distinguished from sanitary sewage.
- KEENEY SANITARY SEWER DISTRICT
- The sewer district as delineated by a Resolution adopted by Shrewsbury Township dated May 6, 1998.
- MULTI-FAMILY DWELLING
- Any dwelling or part thereof containing two or more dwelling units.
- Any person vested with ownership legal or equitable, sole or partial, of any improved property.
- Includes natural persons, partnerships, companies, societies, trusts, associations and corporations, and other groups or entities, public and private.
- ROOMING HOUSE
- Any dwelling or part thereof containing one or more rooming units in which space is let to one or more persons. "Rooming house" includes, but is not limited to, hotels, lodging house, convalescent homes, boarding homes for the aged, foster homes and other similar establishments.
- ROOMING UNIT
- Any room or group of rooms forming a single habitable unit used or intended to be used for a living and sleeping combo but not for cooking or eating purposes.
- SANITARY SEWAGE
- The normal water carried household and toilet waste from residences, business buildings, institutions, and industrial and commercial establishments, exclusive of stormwater runoff, surface water or ground water.
- SANITARY SEWER
- A sewer which carries sewage and to which storm, surface and ground water are not intentionally admitted.
- A combination of water-carried wastes from residences, business buildings, institutions, and industrial and commercial establishments, together with such ground, surface or stormwater as may be present.
- A pipe or conduit for carrying sewage.
- SEWER SYSTEM
- All sanitary or combined sewers, all pumping stations, all force mains, all sewage laterals, and all other sewage facilities located within the Keeney Sanitary Sewer District and the Forest Lakes Sanitary Sewer District which are designed and intended for the collection, transportation and/or treatment of sanitary sewage and industrial waste, together with their appurtenances, and any additions, extensions or improvements thereto, irrespective of whether or not such facilities are owned by Township.
- Shrewsbury Township, York County, Pennsylvania.
- WATER COMPANY
- Any publicly or privately owned duly authorized agency, corporation, municipality or organization which is the approved purveyor of the public water supply within the limits of the Keeney Sanitary Sewer District or within the Forest Lakes Sanitary Sewer District.
[Res. 02-13, 6/5/2002, § III]
Sewer rentals or charges are imposed upon and shall be collected from the owner or owners of each improved property located within the Keeney Sanitary Sewer District and within the Forest Lakes Sanitary Sewer District for use of the sewer system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of the date of connection of each such improved property to the sewer system or on April 1, 2002, whichever first occurs and shall be payable as provided herein.
All Domestic Uses. Sewer rentals or charges for such uses for each quarter beginning on or after April 1, 2002, shall be a flat quarterly rate of $206.50 plus a further charge based upon actual water consumption or actual discharge to the sewer system, whichever is greater, with exceptions as hereinafter noted, in the amount of $2.15 per 1,000 gallons of water consumed or wastes discharged during the quarter annum for which the billing is rendered for the first 7,500 gallons consumed or discharged; $2.21 per 1,000 gallons of water consumed or waste discharged during the quarter annum for which the billing is rendered in excess of 7,500 gallons but less than 16,000 gallons, and $2.28 per 1,000 gallons of water consumed or waste discharged in excess of 16,000 gallons during the quarter annum for which the billing is rendered.
Domestic Uses without Meters. Sewer rentals or charges for domestic uses where there are no existing meters to measure actual water consumption or discharge and where the Township considers metering impractical shall be at a flat rate of $307.10 per quarterly billing period beginning on or after April 1, 2002.
All Commercial Uses and Industrial Uses. Sewer rental charges for such uses for each quarter beginning on or after April 1, 2002, shall be a flat quarterly charge of $155 plus a further charge based upon actual water consumption or actual discharge to the sewer system whichever is greater, with exceptions hereinafter noted. All sewer rentals or charges based upon water consumption or discharge to the sewer system shall be computed upon the basis of $8.19 per 1,000 gallons for the first 10,000 gallons of water consumed or wastes discharged during the quarter annum period for which its billing is rendered, plus $9.68 per 1,000 gallons or part thereof in excess of the first 10,000 gallons but less than 16,000 gallons plus $9.86 per 1,000 gallons or part thereof in excess of 16,000 gallons; provided, however, that the minimum sewer rental or charge shall be $155 plus $152.10 for a total of $307.10 per quarterly billing period.
There shall be deducted from the quarterly bill of the owner of each improved property within the Keeney Sanitary Sewer District which has paid to Township $6,920 representing that owner's share of the cost of constructing the collection system in the Keeney Sanitary Sewer District, the sum of $155 and from the quarterly bill of the owner of each improved property within the Forest Lakes Sanitary Sewer District which has paid to Township the sum of $7,455, representing that owner's share of the cost of constructing the collector system in the Forest Lakes Sanitary Sewer District, the sum of $155.
A separate sewer rental or charge shall be made for each separate use made by an improved property in accordance with the above schedule of rental rates and charges. In the case of apartment or commercial uses, a separate sewer rental or charge shall be made for each apartment or each commercial use.
The volume of water to be used for billing sewer rentals or charges in those cases where water consumption is used as a basis of sewer rentals or charges shall include any and all water purchased from any water company and in addition all water obtained from any other source (wells springs, streams, etc.) as determined:
Exclusion from the sewer system of non-contaminated waste waters may be required by the Township or such exclusion may be optional with the owner of the improved property if not required by the Township. When such waters are so excluded, the sewer rentals or charges will be based on total water consumed, less water excluded. Water excluded may be determined from meters installed and maintained by the owner of the improved property, as approved by the Township, from estimates or measurements made by the Township, or the owner of the improved property may elect to measure the volume of wastes actually discharged to the sewer system as provided for below.
The owner or owners of each improved property used for apartment or office commercial use or industrial use shall at the time of connecting to a sewer system, pay for and install a meter approved by the Township for measuring wastes discharged into the sewer system and shall thereafter maintain such meter in good working order. In addition, the owner or owners of an improved property used for domestic use may elect to, or may be required by the Township to, pay for, install and maintain such a meter. After installation of a meter, the sewer rentals or charges shall be based on the actual quarterly volume of wastes discharged into the sewer system in accordance with paragraphs .A and .C hereof.
The measurement by two or more meters of the quantity of water used in or on one property by one owner or user may be combined and the sewer rental or charge billed to said owner or user as though the quantity of water was measured by one meter if the Township so elects.
In the event an owner or user obtains part or all of the water used in or on a property from sources other than the water company, such owner of user shall, after a written request from the Township, at no expense to the Township, install and maintain a water meter or meters satisfactory to the Township, for measuring all water used other than that obtained from the water company, and the quantity of water used to determine the sewer rental or charge shall be the quantity of water measured by all such meters plus the quantity of water obtained from the water company.
Any person requesting consideration for a reduction of the amount of the sewer rental or charge because of water not entering the sewer system shall make written application to the Township for such consideration, giving the name of such person, his address and setting forth supporting data fully describing other sources of water, if any, as well as the disposition of water alleged not to be entering the sewer system. The application shall be accompanied by a sketch to approximate scale showing the plan of the property, the water distribution system, sewer layout, existing meters, and proposed meters in the scheme to determine the quantity of flow entering or not entering the sewer system. The cost of furnishing, installing and maintaining any meters other than those utilized to measure water purchased from the water company shall be borne by the applicant. The type, size, location, arrangement and maintenance of such meters shall be subject to the approval of the Township.
Additional classifications and sewer rentals or charges or modifications of sewer rentals or charges may be established by the Township from time to time as deemed necessary. Nothing contained herein shall be construed as prohibiting special agreements between the Township and owners of improved properties connected to the sewer system under conditions and circumstances making special agreements advisable and necessary.
[Res. 02-13, 6/5/2002, § IV]
Sewer rentals or charges shall be payable quarterly. In the case of an owner of an improved property whose quarterly bill for sewer rentals or charges shall be computed in whole or in part upon the basis of water volume, bills shall be rendered for each quarter annum or other period covered by the meter reading promptly after the meters are read. In the case of an owner of an improved property whose quarterly bill for sewer rentals or charges shall be computed on any basis completely independent of water volume usage, the quarterly billing date shall be the first days of March, June, September and December respectively, in each year, and to the extent practical, shall cover services furnished during the three calendar months immediately preceding the billing date.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided in the preceding paragraph of this Section and the appropriate amount computed in accordance with this Part 6C shall constitute the net bill. If sewer rental or charges are not paid within 15 calendar days after the same becomes due and payable, the initial sum of 10% shall be added to such net bill, which net bill plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such 15 calendar day period shall constitute payment within such period. If the end of such 15 calendar day period shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding business day, which is not a legal holiday, shall constitute payment within such period. Any person owning an improved property who fails to pay any rental or charges within 30 days after same becomes due and payable in addition to paying such interest charges and the aforesaid additional 10% penalty, shall pay interest at the rate of 10% per annum.
Whenever service to any improved property shall begin after the first day of any quarterly billing period, the obligation of any improved property to pay sewer rentals pursuant to § 18-623 of this Part 6C shall be prorated for that portion of the quarterly billing date during which such improved property was obligated to pay sewer rentals.
Every owner of an improved property initially shall provide the Township with and thereafter shall keep the Township advised of its correct address. Failure of any person to receive quarterly bills for sewer rental or charges shall not be considered an excuse for nonpayment nor should such failure result in an extension the period of time during which the net bill shall be payable.
[Res. 02-13, 6/5/2002, § V]
The sewer rentals and other monthly charges shall be liens on the improved property connected to or required to be connected to and served by the sewer system and where such fees or charges are not paid as provided herein, a 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 liens. In addition, the payment of said rentals and other monthly charges imposed hereunder may be enforced by the Township in any manner appropriate under existing laws at the time they become due and payable. In addition to the aforesaid rentals and other monthly charges, the owner of every improved property shall be liable for attorney fees incurred on behalf of Shrewsbury Township in the collection or enforcement of any delinquent account at the rates that may be established by the Township pursuant to Act 1 of 1996.
[Res. 02-13, 6/5/2002, § VII]
This Part 6C shall be known as the "Shrewsbury Township Sewer Rental Resolution."