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Borough of Spring Grove, PA
York County
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Table of Contents
Table of Contents
[Adopted 2-23-1954 by Ord. No. 4-1954 (Ch. 109, Art. I, of the 1985 Code)]
[Amended 11-7-1983 by Ord. No. 7-1983, approved 11-7-1983]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
BOROUGH
The Borough of Spring Grove, York County, Pennsylvania.
COMMERCIAL USE
A property which is used for the purpose of carrying on a trade, business or profession or for social, religious, charitable, school or public uses.
[Amended 3-1-1993 by Ord. No. 2-1993; 12-1-1997 by Ord. No. 5-1997]
A. 
Any commercial use in or on which food is prepared or served as part of its operation, whether or not a primary use, or any metered industrial use.
B. 
Any commercial use other than a heavy commercial use.
COUNCIL
The group of elected officials acting, from time to time, as the governing body of the Borough.[1]
INDUSTRIAL USE
A property which is used in whole or in part for the manufacture, conversion, processing, cleaning, laundering or assembly of any product, commodity or article.
[Amended 12-1-1997 by Ord. No. 5-1997]
PERSON
Any individual, firm, company, association, society, corporation or group.
RESIDENTIAL USE
A use designed for living quarters for one or more families, including mobile homes, but not including hotels, motels, rooming houses, convalescent homes or other accommodations used for transient occupancy, which latter uses shall be considered commercial uses.
[Added 12-1-1997 by Ord. No. 5-1997]
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments.
SCHOOL
Any institution or facility which provides as its primary purpose an educational program either for full or part days, whether public or private. This term shall include, but not be limited to, all public schools which are a part of any recognized school system or district which encompasses the Borough or which is served by the Borough sewer system.
[Added 3-1-1993 by Ord. No. 2-1993]
SEWER SYSTEM
All facilities for collecting, treating and disposing of sanitary sewage, owned and operated by the Borough.
[1]
Editor's Note: The former definition for "domestic use," which immediately followed this definition, was repealed 12-1-1997 by Ord. No. 5-1997, approved 12-1-1997.
[Amended 3-1-1993 by Ord. No. 2-1993; 12-1-1997 by Ord. No. 5-1997; 2-7-2000 by Ord. No. 1-2000]
There is hereby imposed upon the owner of each property, whether located within or outside the Borough limits, served by the sewer system and having the use thereof a sewer rent, payable as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based on the rates and in accordance with the classifications hereinafter set forth. Such sewer rent shall be due and payable and ongoing so long as water service is active to the property, and sewer and water service has not been voluntarily terminated by the owner of the property. In the event that water service is involuntarily terminated to the property by the Borough for nonpayment of either sewer or water bills, and as provided by law, then the owner or responsible person's ongoing obligation for payment of sewer bills and for sewer services shall continue. Sewer service cannot be voluntarily terminated to a property unless the property is vacated and no one is using the property for any purpose except storage.
[Amended 8-15-1962 by Ord. No. 4-1962; 11-7-1983 by Ord. No. 7-1983; 12-1-1986 by Ord. No. 5-1986; 3-1-1993 by Ord. No. 2-1993; 12-1-1997 by Ord. No. 5-1997;[1] 2-7-2000 by Ord. No. 1-2000; 12-2-2002 by Ord. No. 8-2002]
A. 
Sewer rents will be charged and billed on a quarterly basis, as set forth in § 326-4A, and will be based on the previous quarter's use of water as determined by water meters, except for P.H. Glatfelter, or any other user whose water is not metered, and which shall be charged a flat rate per employee as set forth in this section.
B. 
Rates for residential use shall be as follows:
(1) 
Minimum use: 6,000 gallons.
(2) 
Minimum use charge: $137.50.
[Amended 12-7-2009 by Res. No. 14-2009; 3-3-2014 by Res. No. 1-2014; 12-1-2014 by Res. No. 13-2014; 12-7-2015 by Res. No. 6-2015; 12-18-2017 by Res. No. 9-2017]
(3) 
Additional charges (per 1,000 gallons): $10.
[Amended 12-3-2012 by Res. No. 5-2012; 12-7-2015 by Res. No. 6-2015[2]; 12-18-2017 by Res. No. 9-2017]
[2]
Editor’s Note: This ordinance also repealed Subection B(3)(a) through (c).
C. 
Rates for light commercial use shall be as follows:
(1) 
Minimum use: 8,000 gallons.
(2) 
Minimum use charge: $203.50.
[Amended 12-7-2009 by Res. No. 14-2009; 3-3-2014 by Res. No. 1-2014; 12-1-2014 by Res. No. 13-2014; 12-7-2015 by Res. No. 6-2015; 12-18-2017 by Res. No. 9-2017]
(3) 
Additional charges (per 1,000 gallons): $12.
[Amended 12-3-2012 by Res. No. 5-2012; 12-7-2015 by Res. No. 6-2015[3]; 12-18-2017 by Res. No. 9-2017]
[3]
Editor’s Note: This ordinance also repealed Subection C(3)(a) through (c).
D. 
Rates of heavy commercial use shall be as follows:
(1) 
Minimum use: 12,000 gallons.
(2) 
Minimum use charge: $308.
[Amended 12-7-2009 by Res. No. 14-2009; 3-3-2014 by Res. No. 1-2014; 12-1-2014 by Res. No. 13-2014; 12-7-2015 by Res. No. 6-2015; 12-18-2017 by Res. No. 9-2017]
(3) 
Additional charges (per 1,000 gallons): $14.
[Amended 12-3-2012 by Res. No. 5-2012; 12-7-2015 by Res. No. 6-2015[4]; 12-18-2017 by Res. No. 9-2017]
[4]
Editor’s Note: This ordinance also repealed Subection D(3)(a) through (c).
E. 
P.H. Glatfelter and all other, unmetered industrial uses: $36 per employee.
[Amended 12-7-2009 by Res. No. 14-2009; 12-3-2012 by Res. No. 5-2012; 3-3-2014 by Res. No. 1-2014; 12-1-2014 by Res. No. 13-2014; 12-7-2015 by Res. No. 6-2015; 12-18-2017 by Res. No. 9-2017]
[1]
Editor's Note: This ordinance also provided for the repeal of original § 109-3 of the 1985 Code, Imposition of connection charge, added 8-15-1962 by Ord. No. 4-1962, approved 8-15-1962, as amended.
A. 
The sewer rentals imposed by § 326-3B through E shall be billed on or about the 20th of January, April, July, and October of each year, beginning October 2005, and shall be based on the actual water meter readings of the previous quarter, as evidenced by the readings made in each of the months of the previous quarter, as set forth in § 326-3A.
[Amended 12-1-1997 by Ord. No. 5-1997; 5-4-1998 by Ord. No. 4-1998; 11-7-2005 by Ord. No. 6-2005[1]]
[1]
Editor's Note: This amendment is retroactive to 10-20-2005.
B. 
All bills shall be payable within 15 days of the date of the bill. Council reserves the right to, and may from time to time, provide by resolution that a discount be allowed for prompt payment within said fifteen-day period. On all bills not paid within said fifteen-day period, a penalty shall be assessed at the rate of 10% of the face amount of the bill.
C. 
Payments mailed, as evidenced by the United States Post Office mark, on or previous to the end of the period during which the bills are payable at face will be deemed to be a payment within such period.
D. 
All persons owning property connected to the sewer system must give the Borough their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face.
[Added 2-7-2000 by Ord. No. 1-2000]
In the event of a change of ownership of a property or voluntary termination of sewer service, and upon notification by the appropriate party of such change in ownership or voluntary service termination, then the responsible party shall, under certain circumstances, be entitled to a proration of their sewer bill. If the effective date of the change of ownership or voluntary service termination occurs within 30 days after the beginning of a quarter for billing purposes, then the additional usage will be billed in addition to the previous quarter's bill. If the change of ownership or voluntary service termination occurs within 30 days prior to the next quarter's bill, the previous owner will be billed at the standard rates, and, in the event of change of ownership, the new owner will have the period attributed to his or her new ownership included in the next full quarter's bill. For any change of ownership or voluntary service termination on dates other than those provided in this section, then both the previous owner and the new owner, in the event of change of ownership, shall pay the full standard rate for the quarter in which the change of ownership or the voluntary service termination occurred. Upon notification of a change of ownership or voluntary service termination, the Borough shall, on the effective date of such change as provided by the responsible party, read the water meter of the property to determine actual usage.
[Added 2-7-2000 by Ord. No. 1-2000]
A. 
When one water meter serves two or more units, the total consumption as determined by that single meter shall be divided equally among the total number of units served by that meter and shall be billed as determined by Article I of this chapter, as modified by this section.
B. 
When the multiple units that are served by one meter are not the same classification as determined by §§ 326-1 through 326-3 of this chapter, then all units served by the shared meter shall be billed at the highest rate classification as determined by those sections.
[Amended 12-1-1997 by Ord. No. 5-1997]
A. 
All sewer rentals, together with all penalties thereon, not paid within 30 days from the date of the bill shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereon shall be a lien on the property served and shall be entered as a lien against such property in the office of the Prothonotary of York County and shall be collected in the manner provided by law for the filing and collection of such liens.
B. 
In addition to any other penalties authorized by this section, the Borough shall have the right to shut off or cause to have shut off water service to any property which is more than 15 days delinquent in the payment of sewer rents, upon written notice to the property owner mailed to the most recent address available to the Borough, or as shown on the most recent tax rolls of the Borough. The notice shall give the property owner at least 10 days to bring rental payments current before the water to the property is shut off. If payment is made after the water is shut off, then the Borough will restore or cause to be restored the water service to the property after receipt of payment. In the event such notice is sent, or the water service to the property is shut off, then the cost of bringing the sewer rent on the property current or restoring water service shall include any and all costs incurred by or on behalf of the Borough in issuing such notice and/or shutting off such service, including any administrative or clerical fees incurred or owed by the Borough, and any service interruption payments incurred by the Borough to the water provider as provided by agreement between the Borough and the water provider, or by rules and regulations of the water provider.
[Added 3-6-2006 by Ord. No. 1-2006]
C. 
In addition to the penalties set forth in Subsections A and B of this section, the Borough shall be authorized to pursue delinquency in payment or nonpayment of sewer rents in any and all other manners prescribed and permitted by law.
[Amended 3-6-2006 by Ord. No. 1-2006]
The Borough shall have the right to make such changes in this article from time to time as in the opinion of its Council may be desirable or beneficial, and said Council shall have the right of amending or modifying the rates or charges in such times as in the opinion of said Council may be advisable.
Council reserves the right to, and may from time to time, adopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, which rules and regulations shall be and become part of this article.