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1. Application/assignment for Reservation of Water Capacity for Specific Subdivision or Land Development.
A. Any adult individual person or persons, partnership, joint venture, corporation, estate, trust or other legal entity which owns legal title to or is an equitable owner of real estate located within the boundaries of the Township is eligible to participate in the Township reserved water capacity program.
B. The application for the reservation of such water shall be in the form provided by the Township and be in the nature of a covenant running with the land and upon the sale or conveyance by any means the capacity applicable to such lot, parcel, tract or part of the subdivision or land development shall become the property of the new owner thereof.
C. The applicant must accurately estimate water capacity needs in order to avoid potential surcharges for excess water use in excess of 10% of the water reserved. Each allocation must be specifically purchased for a designated lot, parcel or tract of land and cannot be subsequently sold or transferred without prior written approval of the Township.
D. In the event that the Department of Environmental Protection, or its successor, shall cancel, revoke, or stay the effectiveness of any permit for any reason, or should it, for any reason, impose a ban on connections or extensions to the water system, the Township shall not, as a result thereof, incur any liability of any nature to a developer allocated reserve capacity.
2. Imposition of Charges .The tapping fee for purchase of water rights shall be the current tapping fee as established by the latest Act 209-1990 resolution of the Board of Supervisors in effect at that time. The tapping fee may increase to adjust for current construction and other capital costs.
A. The applicant must enter into a water access rights agreement as approved by the Township. The agreement includes provisions for eligibility, vested rights, fee, estimating capacity, water usage verification as well as the process to file an application to gain approval.
(Ord. 97-7, 5/27/1997, § 12.11)
1. Adjustments.
A. In the event that the reserve capacity of any developer shall be determined to be insufficient for the subdivision or land development during the term of any permit, and the developer shall request additional reserve capacity, such request shall be processed as a new application in accordance with the provisions of § 26-116.
B. If, after 5 years from the date of final approval by the Township, a subdivision or land development is still in need of all or a portion of the water capacity originally reserved, the developer shall make application to the Township for continued reserve capacity which shall be processed as a new application in accordance with the provisions of § 26-116.
2. Transfer/Resale. A developer may not sell or transfer reserve water capacity to other land owners without prior written approval of the Township except if a purchaser of reserve water capacity sells the real property to which the rights have been granted, the rights must be transferred to the purchaser of the property with notice to the Township.
(Ord. 97-7, 5/27/1997, § 12.12)
1. Segregation of Funds. All revenues received by the Township from the charges imposed by this Part shall be segregated by accounting practices from all other revenues of the Township and shall be deposited in the water reserve fund. Said revenues shall be used for the water system.
(Ord. 97-7, 5/27/1997, § 12.13)
D. Sewer System
Sewer rentals or charges are imposed upon and shall be collected from the owner of each occupied building which shall be connected with the sewer system 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 occupied building to the sewer system and shall be payable as provided.
(Ord. 97-7, 5/27/1997, § 12.16)
1. Any sewer rental rate changes are to be established by resolution of the Township. [Ord. 2005-08]
2. A separate sewer rental or charge shall be made for each type of use made by an occupied building in accordance with the above schedule of rental rates and charges.
3. 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: by meters installed and maintained by a water company; or by meters installed and maintained by the Township; or by meters maintained and installed by the owner of the occupied building, as approved by the Township; or for estimates or measurements made by the Township, where the Township considers metering impractical.
4. 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 occupied building 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 occupied building, as approved by the Township, from estimates or measurements made by the Township, or the owner of the occupied building may elect to measure the volume of wastes actually discharged to the sewer system as provided for below.
5. The Township may require an owner of an occupied building or the owner of an occupied building may elect to install, pay for and maintain a meter approved by the Township for measuring wastes discharged into the sewer system in which case the sewer rentals or charges shall be based on the actual quarterly volume of wastes discharged into the sewer system; said rentals or charges shall be computed at the rate as established from time to time by resolution of the Township. [Ord. 2005-08]
6. The measurement by two or more meters of the quantity of water used in or on the 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.
7. 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 or 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.
8. 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 and address of such person, 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.
9. 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 occupied buildings connected to the sewer system under conditions and circumstances making special arrangements advisable and necessary.
10. Domestic Use. There is hereby imposed upon the owners of all properties served by the public sewage system, sewer service charges in an amount to be established from time to time, by resolution of the Township Board of Supervisors.
11. Apartment-Office Use. The quarterly sewer service charges for each unit of apartment-office use within the Township shall be the sum of an amount to be established from time to time by resolution of the Township Board of for each unmetered unit or, if metered for water consumption, a minimum in an amount to be established from time to time by resolution of the Township Board of Supervisors.
12. Commercial Use. The quarterly sewer service charges for each unit of commercial use within the Township shall be the sum of an amount to be established from time to time by resolution of the Township Board of Supervisors.
13. Industrial Use. The quarterly sewer service charges for each unit of industrial use within the Township shall be the sum of an amount to be established, from time to time, by resolution of the Township Board of Supervisors for each unmetered unit, or if metered for water consumption, a minimum in an amount to be established from time to time by resolution of the Township Board of Supervisors.
14. Measurement of Water Used from Sources Other than Water Company. 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 Township water, such owner or user may, after written approval from the Township, at no expense to their Township water, install and maintain a water meter or meters satisfactory to the Township for measuring all water used other than that obtained from the Township water and the quantity of water used to determine the sewage service charges shall be the quantity of water measured by all such meters plus the quantity of water obtained from the Township water. In lieu of such additional meters the Township may establish a flat rate charge which shall be applicable to such nonmetered water usage.
(Ord. 97-7, 5/27/1997, § 12.17; as amended by Ord. 2005-08, 10/24/2005; and by Ord. 2020-02, 3/23/2020, § 3)
1. Sewer rentals or charges imposed by this Part shall be payable quarterly.
2. Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in § 26-122 and the appropriate amount computed in accordance with this Part shall constitute the net bill. If sewer rentals or charges are not paid within 15 calendar days after the same become due and payable (which means the first day of the month following the quarter service is used), an additional 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 local holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period.
A. Whenever service to any occupied building shall begin after the first day or shall terminate before the last day of any quarterly billing period, sewer rentals or charges for such period shall be pro rated equitably, if appropriate, for that portion of the quarterly billing period during which such occupied building was served by the sewer system.
B. Every owner of an occupied building which is connected to the sewer system initially shall provide the Township with and thereafter shall keep the Township advised of his correct address. Failure of any person to receive quarterly bills for sewer rentals or charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
(Ord. 97-7, 5/27/1997, § 12.18)
Sewer rentals or charges imposed by this Part shall be a lien on the property where the occupied building connected to and served by the sewer system is located and any such sewer rentals and or charges which are not paid within 30 days after each quarterly billing date, at the discretion of the Township, shall be filed as a lien against the aforesaid property so connected to and served by the sewer system, which 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 collecting of municipal claims under the Municipal Claims and Tax Lien Act, 53 P.S. § 7501 et seq., as amended [the “Act”]. Any bill which remains unpaid after which notice has been given pursuant to the Act, and which shall be entered as a lien pursuant to the Act, shall include all penalties, simple interest at the rate of 10 percent per annum, costs of filing, and attorney’s fees for legal services rendered in connection with the filing, enforcement and removal of the lien in accordance with an hourly rate equal to the Township Solicitor’s regular rate for litigation charges to the Township.
(Ord. 97-7, 5/27/1997, § 12.19; as amended by Ord. 2007-07, 9/24/2007, § 3)
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