[Adopted 3-27-1995 by Ord. No. 261 (Ch.
18, Part 2-A, of the 1993 Code)]
In addition to the definitions provided under and by § 275-1 of Article I of this chapter, the following phrases, when used in this article, unless the context clearly indicates otherwise, shall have the meanings given in this section:
A new or existing water meter which is or has been installed, approved by the Township and functioning in accordance with § 275-31 of this article.
Improved property which is already connected to the sewer
system.
Improved property, not connected to the sewer system, the
owner of which is not required to connect the property to the sewer
system under this chapter, but desires to do so.
Improved property, not connected to the sewer system, the
owner of which is required to connect the property to the sewer system
under this chapter.
The allocation of sewer rental units (equivalent dwelling units or EDUs) to improved properties according to use pursuant to § 275-29 of this article.
The resolution adopted by the Board of Commissioners, as
the same may be amended from time to time, providing for a schedule
allocating sewer rental units (equivalent dwelling units or EDUs)
to improved properties according to use.[1]
The present EDU allocation of a Class C property established
under current or former provisions of the EDU schedule, or a previous
ordinance, resolution or schedule.
The option method of allocating sewer rental units (equivalent units or EDUs) to improved properties pursuant to § 275-30 of this article.
The sewer system connection charge, in the nature of and denominated a tapping fee, provided under Article V of this chapter.
The resolution adopted by the Board of Commissioners, as
the same may be amended from time to time, providing procedures for
the allocation of sewer rental units (equivalent dwelling units or
EDUs) to improved properties under the optional water meter method.
[1]
Editor's Note: Said resolution is on file
in the Township offices.
A.
Sewer rental and tapping fees shall be assessed under
this chapter on the basis of EDUs allocated to improved properties
in accordance with this article. Allocations shall be made pursuant
to either the EDU schedule or the optional water meter method as provided
in this article. In no event shall an allocation to a property be
less than one EDU.
B.
For purposes of daily usage and sewer rental fees,
“an EDU” shall be defined as 250 gallons per day. For
purposes of purchasing capacity within the system and assigning tapping
fees, the Township shall use the EDU assignment of the host or terminal
municipality/authority that supplies either conveyance or wastewater
treatment facilities to the Township. This EDU value can be modified
by the Board of Commissioners to address special needs or development.
[Amended 2-1-2010 by Ord. No. 440]
C.
Tapping fees assessed and/or paid upon a final allocation
of EDUs under this article or a former ordinance, resolution or schedule,
shall not be subject to reduction or refund, to any extent, in the
event that the allocation is subsequently reduced as a result of a
change in use, or extent of use, of the property or a change in the
EDU allocation method between the EDU schedule and the optional water
meter method.
D.
Sewer rental assessed and payable upon an allocation
of EDUs under this article shall be subject to reduction, but only
in the manner and to the extent provided in this article, upon a subsequent
reduction in the allocation for sewer rental purposes.
Unless the optional water meter method applies,
has been properly elected, and has not been revoked, EDUs shall be
allocated to improved properties according to use under and in accordance
with the EDU schedule resolution, and sewer rental and tapping fees
shall be assessed and payable under this chapter upon such allocation.
[Amended 2-1-2010 by Ord. No. 440]
A.
Any user that is exclusively commercial and/or industrial or a combination
of either (that has more than one EDU assigned to a single structure
discharging to the sewer within Upper Pottsgrove), and each such user
occupies less than 3,500 square feet of floor area, shall have the
right to elect the optional meter allocation method. Billing for these
users will be based upon their current EDU allocation (as per Resolution
No. 236) and their actual usage.
B.
To elect this option, the user must:
C.
New development seeking to elect this method must meet the previously
listed criterion and obtain an EDU allocation and pay tapping fees
prior to being permitted to exercise this option.
D.
In all cases, EDUs or capacity cannot be returned to the Township
or redeemed unless agreed to by the Board of Commissioners.
E.
Once elected and approved by the Board of Commissioners, the billing
period will change over at the beginning of the next quarter.
F.
The method of billing computation (quarterly) for those selecting
this methodology shall be as follows:
Quarter billing = Quarterly Rate/EDU * ((Base EDU Allocation
* 60%) + (Actual Water Usage (gal.) ÷ Days in Quarter ÷
250 gpd/EDU * 40%)
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G.
The meters shall be read quarterly by the Township or its designated
representative. The owner of the property shall allow for access of
meter-reading personnel. If a meter cannot be read due to lack of
access, the Township will bill the owner according to its last invoice.
Upon successfully gaining access and reading the meter, the owner's
bill will either be credited or assessed based on the updated reading,
and the billing will be considered current.
H.
If the meter fails or the Township deems the reading erroneous, the
owner will be assessed based on the highest bill paid over the previous
three quarters. If the meter is deemed damaged or lacks calibration,
the Township will notify the owner. Upon notification, the owner will
have five days to complete repairs as directed by the Township. Once
repairs are complete, the Township will schedule an inspection and
require proof of calibration.
I.
The Township reserves the right to revoke the optional water meter
allocation at its sole discretion. Upon revocation, the owner will
be billed based on its original EDU allocation. The billing will be
from the start of the quarter which the revocation occurs.
J.
If the average flow for three consecutive months is greater than
the original EDU allocation, then the owner will be reassessed based
on the higher flows. For every 250 gpd its usage exceeds the original
allocation, the owner will be assessed an additional EDU. No incremental
EDUs will be applied, and the allocation will round to the highest
number of EDUs. The owner will also be assessed an additional tapping
fee based on the increased flow.
Water meters used, or proposed for use, under
the optional water meter method shall be subject to the following:
A.
Water meters shall be installed, operated, maintained
and repaired, in accordance with this section, at the expense of the
property owner. Before installing a water meter (or in the case of
an existing water meter, before using the meter) for purposes of the
optional water meter method, the property owner shall apply for and
obtain a permit from the Township. All water meters, whether new or
already existing, shall be inspected and approved by the Township
in accordance with this section prior to use for purposes of the optional
water meter method. The property owner shall pay such application
and inspections fees and charges as shall be established from time
to time by resolution of the Board of Commissioners.
B.
Water meters shall be approved by the Township, and
shall be installed, operated, maintained and repaired in accordance
with applicable specifications and this section.
C.
The property owner shall be solely responsible to
maintain the water meter and keep it in good repair and working order
at all times. The property owner shall have the water meter calibrated
as necessary. The Township shall not be responsible for the maintenance
or accuracy of any water meter. In the event a water meter fails to
function, the property owner shall report such failure immediately
to the Township and shall have repairs made and completed within five
days of the failure.
D.
The Township, or a representative thereof, shall,
quarterly, have the water meters read and the reading recorded. Property
owners shall, at reasonable hours, make their property and water meters
thereon available to the Township, or its representative, for such
reading and recording. If the Township, or its representative, in
the course of such reading and recording, notes that the water meter
is not functioning properly, the Township, or its representative,
shall give notice to the owner of the failure, and the owner shall
have repairs made and completed within five days after the date of
the notice.
E.
The Township reserves the right to have water meters
inspected after any repairs thereto are made and completed, and to
approve the repairs.
F.
If a property owner fails to report water meter failures and/or have repairs made and completed in accordance with Subsection C or D of this section, or fails to allow the Township, or its representative, on the property to have the water meter read and the reading recorded in accordance with Subsection D, the following shall apply:
(1)
The average daily water gallonage consumed on the
property for any quarter in which any such owner failure occurs shall
be as provided and determined in accordance with and pursuant to the
water meter method resolution.
(2)
If any such owner failures occur in two or more separate
quarterly billing periods during any eighteen-month period (whether
or not the owner failures are of the same kind, and whether or not
the billing periods are consecutive), the Township shall have the
right to revoke the optional water meter method for the property and
thereafter allocate EDUs to the property in accordance with the EDU
schedule (for a Class UR or Class UD property) or restore the existing
EDU rating of the property (for a Class C property). If the Township
exercises such right of revocation:
(a)
Sewer rental shall be payable by the owner for
the EDUs determined in accordance with the EDU schedule or the existing
EDU rating as the case may be, beginning with the first full billing
period commencing after the Township exercises its right of revocation;
and
(b)
Should additional EDUs be allocated to the property
as a result of the revocation for which additional EDUs the property
owner has not been previously assessed or paid, an additional tapping
fee, at the then current rate, for the additional EDUs shall be assessed
and shall be due on and payable by the owner to the Township within
30 days after the date of the Township's bill for the same.