§ 313. USER CHARGES.
   1.   A user charge is hereby imposed upon the owner of each improved property which is or shall be connected to the sewer system, for use of the sewer system, whether such use is direct or indirect, and for services rendered by the Township in connection therewith, and shall be payable as provided herein. At the discretion of the Township, such user charge may be imposed upon the owner of an improved property who fails or refuses improperly to connect such, improved property to the sewer system, as compensation for the availability of service by the Township in connection with the sewer system.
   2.   The user charge shall be payable by the owner of each improved property commencing the earlier of: (A) the date of actual, physical connection of an improved property to the sewer system, or (B) 60 days from the date of issuance of the notice to connect described in the Connection Ordinance [Part 3A]; or such other date established by the Township for commencement of the payment of the user charge.
3.   The user charge applicable to any improved property constituting a dwelling unit or large consumer shall be calculated, imposed and collected on the basis of the method provided in this subsection.
Each improved property shall be charged a user charge as a specific amount per equivalent dwelling unit applicable to such improved property, as determined by the Township, from time to time. The number of equivalent dwelling units applicable to each improved property shall be determined as follows:
Description of Improved Property   Unit of Measurement   Number of EDUs per Unit of Measurement 
Residential dwelling unit (year­round or seasonal)   Each single family dwelling unit (including apartments)   1 
Mobile (manufactured) home park   Per pad (whether or not occupied)   1 
Retail store, professional offices or other commercial establishment     1 to 10 employees    1
      Each additional 10 employees or fraction thereof    1
Hotel, motel or boarding house (not including restaurant facilities)   1 to 4 rental rooms   1
      Each additional 4 rooms or fraction thereof   1 
Restaurant, club, tavern or other retail food or drink establishment   1 to 10 customer seats    1 
      Each additional 10 seats or fraction thereof   1
Beauty parlor or barber shop (attached to or part of a dwelling unit)   First 2 chairs    1 
      Each additional 2 chairs   1
Beauty parlor or barber shop (not attached to or part of a dwelling unit)   First chair     1 
      Each additional chair   1
Educational/institutional establishment   Per each 10 pupils, faculty, administrators and staff    1 
Church    Each property   1 
Fire company    Each property   1 
Community hall    Each property   1 
Laundromat     First 2 washing machines      1
      Each additional washing machine   1 
Funeral home     Each property    1 
Industrial establishment   1 to 10 employees    1 
      Each additional 10 employees or fraction thereof   1
The number of equivalent dwelling units applicable to commercial establishments and industrial establishments shall be computed on the basis of the average daily number of full and part-time employees (including the owner(s) or employer(s)) for the calendar month following the date of the monthly billing. The owners of such facilities shall be responsible for advising the Township in writing of the number of employees upon connection to the sewer system and upon request of the Township. The number of equivalent dwelling units applicable to educational and institutional establishments shall be computed on the highest monthly average daily attendance of occupants, pupils, faculty, administrators and staff for the 12 months preceding the date of the monthly billing. The owners of such facilities shall be responsible for advising the Township in writing of the number of pupils, faculty, administrators and staff in attendance as an average daily figure upon request of the Township. No tapping fees shall be reimbursed by the Township for subsequent reductions in the number of EDUs constituting a particular improved property.
If the use or classification of any improved property changes within a billing period, the user charge for such billing period may be prorated by the Township. The owner of the improved property shall be responsible for advising the Township in writing of any such change affecting the user charge payable hereunder. The appropriate credit or additional charge shall appear on the statement for the next succeeding billing period.
The monthly flat rate user charge payable per equivalent dwelling unit shall be $63.00 [Res. 2014-07].
User charges for any nonresidential improved property, in the sole discretion of the Township, may be determined on a metered rate basis calculated according to:
      A.   Metered volume of potable water usage by the nonresidential improved property, adjusted, if appropriate, by the Township.
      B.   Actual metered volume of wastewater discharged by the nonresidential improved property into the sewer system.
In either of the foregoing cases, such user charges on a metered rate basis shall be computed on the basis of one EDU per each 60,000 gallons or portion thereof of water consumed or sewage discharged annually.
   4.   In the case of a multiple use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall pay a separate user charge, as though it was housed in a separate structure and had a direct and separate connection to the sewer system, computed in accordance with subsection (3) of this Section.
   5.   The owner of any improved property which shall discharge domestic sanitary sewage and/or industrial wastes into the sewer system in excess of a total flow of 250 gallons per day per equivalent dwelling unit with a peak flow rate in excess of 375 gallons per day for any 10-minute period, per equivalent dwelling unit calculated under subsection (3), as determined or reasonably estimated by the Township, shall pay a volume surcharge. The owner of any improved property which shall discharge domestic sanitary sewage and/or industrial wastes to the sewer system having a B.O.D. greater than 300 ppm, or a suspended solids content greater than 300 ppm, or a dissolved solids content greater than 500 ppm, or a total solids content greater than 800 ppm, or a total phosphorus as P content greater than 10 ppm or an ammonia nitrogen as N content greater than 30 ppm, shall, in the discretion of the Township, pay a strength of waste surcharge, in addition to applicable user charges.
Surcharges shall be paid in addition to all user charges computed in accordance with provisions of this Section and shall be computed on such basis, and payable at such times, as this Township may from time to time adopt, including provisions of any agreements to which this Township is a party governing the treatment of domestic sanitary sewage or industrial wastes. The strength of domestic sanitary sewage and/or industrial wastes to be used for establishing the amount of surcharge shall be determined periodically at the discretion of the Township either: (A) by suitable sampling and analysis of such wastes for a consecutive 3-day period during a time of normal plant operation; or (B) from estimates made by the Township; or (C) from known relationships of products produced to strengths of such wastes for those industries where such factors have been established. In establishing such waste strengths for surcharge purposes by analysis, analyses shall be made in accordance with procedures outlined in the latest edition of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association, Inc.
   6.   The owner of any improved property discharging domestic sanitary sewage and/or industrial wastes into the sewer system shall furnish to the Township, including by way of the application for permit described in the Connection Ordinance [Part 3A], all information deemed essential or appropriate by the Township for the determination of all applicable user charges and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property.
In the event of the failure of the owner to provide adequate information, the Township shall estimate the applicable user charge and surcharges based upon available information, until such time as adequate information is received. There shall be no rebate of past payments if the owner’s refusal to provide such information results in overpay­ment.
   7.   Nothing herein contained shall be deemed to prohibit this Township from entering into separate or special agreements with owners of improved property or other persons with respect to the user charge or surcharge to be imposed in those cases where, due to special or unusual circumstances, the user charge set forth herein shall be deemed by this Township, in its sole discretion, to be inequitable, or where it is in the best interests of this Township to do so.
   8.   User charges shall be payable on a monthly basis, on the first day of each month, and shall cover a billing period consisting of the immediately preceding month. Owners of improved property that shall be first connected to the sewer system during any monthly period shall pay a pro-rata user charge for service for the balance of the monthly period.
   9.   Payments of user charges and any applicable surcharges shall be due and payable upon the applicable billing date, at the office of the Township, in the appropriate amount, computed in accordance with this Part 3B, which shall constitute the net bill. If any user charge or any applicable surcharge is not paid within 30 calendar days after the applicable billing date, an additional sum of 10 percent 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 30-calendar day period shall constitute payment within such period. If the end of such 30-calendar day period shall fall on a legal holiday or on a Sunday, then 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. Any and all payments received on account of delinquent accounts shall be applied first to the oldest outstanding gross bill, including any accumulated late fee.
   10.   It shall be the responsibility of each owner of an improved property to provide the Township with, and thereafter keep the Township continuously advised of, the correct mailing address of such owner. Failure of any owner to receive a bill for charges due and payable 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.
   11.   No officer or employee of the Township is authorized to reduce, vary or exempt charges imposed herein or other provisions of this Part 3B without official action by the Board of Supervisors of this Township.
Every owner of improved property shall remain liable for the payment of user charges and surcharges until the later of: (A) the receipt by the Township of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner, or (B) the date on which title to the improved property is transferred to a new owner. Failure to provide notice renders an owner continuously liable for any charges that may accrue until such time as the Township has been properly notified of any change in ownership as described above.
(Res. 2005-05, 5/5/2005, Art. III; as amended by Res. 2012-01, 1/3/2012, § 3; by Res. 2012-13, 12/6/2012, § 1; and by Res. 2014-07, 11/6/2014, § 1)