The Township hereby establishes the Clover Mill Sewer District (the
"SSD") comprising the 139 townhomes on real property located at 700
Clover Mill Road, Downingtown, PA 19335 (UPI No. 40-2-102), which
was approved by Township Subdivision and Land Development Resolution
2022-37 on January 19, 2022, and which shall include all property,
dwellings, or other sewer uses referenced therein or as later added
into the SSD.
The sewer matters relating to the SSD shall be controlled by the
memorandum of understanding between East Caln Township (the "Township")
and West Whiteland Township ("West Whiteland") as of April 20, 2022
(the "MOU"), attached hereto and incorporated herein as Exhibit A.[1]
Notwithstanding the standard terms of § 160-9 (sewer rent or charges rates), the sewer rents or charges for each property, unit or user located within the SSD shall be controlled by the MOU, and therefore shall be set at the higher of the Township's or West Whiteland's standard residential sewer rate in effect from time to time, or at such other amount justified for the SSD in the determination of the Township Engineer, and as approved by the Township Board of Supervisors.
The Township shall retain 65% of the sewer rents collected from the
SSD, and the Township shall remit 35% of the sewer rates collected
from the SSD to West Whiteland.
In accordance with the MOU, the Township shall remit the 35% share
of the sewer rents collected to West Whiteland on the same schedule
as the Township bills its residents (e.g., if the Township bills its
residents quarterly, then the Township shall remit 35% of the SSD's
collected sewer rents to West Whiteland on a quarterly basis). The
proportional remittance of sewer rents collected by the Township shall
be made within 60 days after each regular sewer rent billing cycle
date.