[HISTORY: Adopted by the Board of Supervisors of the Township of Montgomery 11-25-2013 by Ord. No. 13-276S[1]. Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. A237, which consisted of Art. I, Lighting District No. 1, adopted 9-19-1977 by Ord. No. 60, as amended; Art. II, Lighting District No. 2, adopted 12-21-1987 by Ord. No. 101, as amended; Lighting District No. 3, adopted 4-16-1990 by Ord. No. 114, as amended; Lighting District No. 4, adopted 10-7-1991 by Ord. No. 122, as amended; and Lighting District No. 5, adopted 10-7-1991 by Ord. No. 123.
A. 
Street lighting shall be installed along each street in each subdivision and along each street front abutting a public street in each land development by the developer and at the expense of the developer, unless specifically waived by the Board of Supervisors.
B. 
A developer shall submit a plan showing compliance with the Montgomery Township street lighting specification, as amended, and any other applicable Township Code requirements, including the type and location of each streetlight to be installed. The plan will be submitted for review and approval by the Township. No streetlights shall be installed prior to such review and approval. The Montgomery Township street lighting specifications may be amended and/or supplemented from time to time by Board resolution, without further revision to this chapter.
C. 
Upon final approval of construction and dedication of all public improvements, the developer shall, if required by the Township, dedicate the streetlights to the Township and shall assign all applicable warranties to the Township.
D. 
All streetlights shall be constructed in accordance with Montgomery Township street lighting specifications, as amended.
A. 
Any developer installing street lighting, including lamps, lights, and associated equipment (collectively "street lighting"), shall pay for street lighting service, including the electricity consumed, in accordance with the electric utility provider's current rate and electric service tariff from the date each lamp is energized until such time as the Township, if applicable, shall, upon formal resolution of the Township, accept a dedication of such street lighting.
B. 
Until such time as the Township approves a formal resolution accepting dedication of the street lighting, the developer shall be responsible for all charges and costs for operation of the streetlight system.
C. 
Until the aforesaid dedication, the developer shall arrange for the maintenance and operation of the street lighting.
After the developer's street lighting dedication to the Township, all aspects of street lighting, including lamps, lights, and associated equipment, shall be owned, maintained, and operated by the Township. Street lighting that is not dedicated to the Township is not the responsibility of the Township.
After dedication, the Township shall cause to be assessed, by resolution, the cost, expense, and maintenance of the street lighting, equipment, and facilities, including reimbursements for the billing of the energy costs, the cost of maintenance and operation by the Township, as well as an administrative charge, by a uniform annual assessment of each property benefited by the Township-owned street lights as follows:
A. 
District 1: All single-family dwelling within residential developments benefiting from Township-owned streetlights.
B. 
District 2: All multifamily units within residential developments where any or all of the roads within the development are benefiting from Township-owned streetlights.
C. 
District 3: Any residential development as may be determined adopted from time to time by Board resolution.
All such assessments for street lighting shall be filed with the Township Tax Collector, who shall give 30 days' written notice that the assessments are due and payable, stating the due date to each party assessed, either by service on the owner of the property or by mailing such notice to the owner at his last known post office address. If any assessments remain unpaid at the end of the fiscal year, the Tax Collector will turn the matter over to the Township, at which time the Township may attempt to collect the debt by giving the delinquent owner written notice setting forth (1) the amount owing; (2) when the assessments were initially due; and (3) a cure-period with the due date for payment. Such notice and cure-period shall not exceed 60 days. If the assessment remains unpaid at the expiration of the 60 days, the Township may file a municipal claim filed against the property of the delinquent owner, as provided by law, for the amount owing, interest, and associated costs. Where an owner has two or more lots against which there is an assessment for the same year, all such lots shall be embraced in one claim. All assessments, when collected, shall be paid over to the Township Treasurer. The Treasurer shall make a report and/or supply information to the Township auditors when requested.