[Ord. 1996-4, 6/20/1996, § 146-1]
Upon receipt by the Township Secretary of a petition signed
by 70% of the property owners within any defined area of Lower Macungie
Township, and its submittal to the Board of Commissioners, the Board
shall establish said defined area as a lighting district or include
such defined area within an existing lighting district and shall provide
public lighting within such area. Should the petition be received
in connection with an incomplete subdivision or land development,
the developer of such subdivision or land development shall construct
or cause to be constructed such public lighting with Pennsylvania
Power & Light Company according to specifications of Lower Macungie
Township. Petition forms shall be designated by resolution of the
Board of Commissioners and be made available to the public by the
Township Secretary.
[Ord. 1996-4, 6/20/1996, § 146-2]
The Lower Macungie Township Board of Commissioners may enter
into contracts with the Pennsylvania Power & Light Company to
erect and supply power for public street lighting.
[Ord. 1996-4, 6/20/1996, § 146-3]
1.
Lower Macungie Township shall pay for the cost of ornamental public
lighting by an assessment on all real property in each lighting district
in proportion to the number of feet the same fronts on the street
or highway lighted or to be lighted, as follows:
A.
For all real property not located at the intersection of two streets
("corner properties"), abutting only one publicly lit street and within
250 feet of any public light fixture, all footage on the street side
of the property shall be assessed.
B.
For all corner properties abutting only one street with public lighting
and within 250 feet of any such fixture, all feet on the lit side
together with one-half of each curve radius on such lit street side.
C.
For all corner properties abutting two streets with public lighting
and within 250 feet of any such fixture, all feet on the longer side
lit and one-half of each curve radius on such long side lit (longer
side plus one-half of each curve radius); plus 20% of the footage
along the shorter side lit and one-half of each curve radius on such
shorter side lit ((20% by shorter side) plus one-half of each curve
radius).
D.
For all corner properties abutting more than two streets with public
lighting and within 250 feet of any such fixture, all feet on the
longest side lit and one-half of each curve radius on such longest
side lit (longer side plus one-half of each curve radius); plus 20%
of the footage along all other sides lit and one-half of each curve
radius appurtenant to such lit sides ((20% other sides) plus 1/2 of
each curve radius).
[Ord. 1996-4, 6/20/1996, § 146-4]
The monetary value per foot assessed shall be established by
resolution of the Board of Commissioners and may be amended from time
to time by resolution of the Board of Commissioners.
[Ord. 1996-4, 6/20/1996, § 146-5]
Properties shall be subject to assessment for public lighting
whether or not the property is exempt from taxation by existing law.
No such assessment shall be made against any farmland. "Farmland"
shall mean tilled land exceeding one acre, but vacant lots between
built-up sections, whether tilled or untilled, shall not be deemed
to be farmlands. The assessment per front foot against such vacant
lots shall be only 25% of the assessment per foot against property
with improvements thereon. Private lands containing detention basins
shall be considered improved lands for assessment purposes.
[Ord. 1996-4, 6/20/1996, § 146-6]
1.
Assessments shall be done annually based on a calendar year basis
as set forth in this section.
A.
Initial Assessments. The Pennsylvania Power & Light Company shall
notify the Township Secretary when it has completed installation of
public lighting in each lighting district. Thereafter, the Township
Secretary shall calculate the assessment for each property subject
to assessment and send such initial assessments to the owners of the
properties assessed. The Township Secretary shall prorate the initial
assessment on a per diem basis following the date construction of
public lighting on a district is complete.
B.
Subsequent Assessments. Thereafter, all annual assessments shall
be filed with and billed by the Lower Macungie Township Tax Collector
on the annual real estate tax bill for general Township purposes.
The Township Tax Collector shall be entitled to the same commission
on such lighting assessments as such Tax Collector is entitled to
receive for the collection of other Township taxes. The Tax Collector
shall give 30 days' notice that the assessments are due and payable.
The Notice shall state the due date to each party assessed and be
served by mailing notice to the owner of the property.
[Ord. 1996-4, 6/20/1996, § 146-7; as amended by
Ord. 2011-12, 10/6/2011]
1.
Receipts. All assessments, when collected, shall be paid over to
the Township Treasurer, who shall receive and keep the same in a separate
account and pay out the same as provided by law. The Tax Collector
and the Treasurer shall annually make a report to the Auditors of
Lower Macungie Township who shall annually audit the special account.
2.
Delinquent Accounts. If any assessment remains unpaid 90 days after
the due date, it shall be turned over to the Township Solicitor for
collection by means of a civil action for recovery or a municipal
lien filed against the property of the delinquent owner for the amount
of the unpaid assessment, plus interest from the date the assessment
was due. The Board of Commissioners shall, by resolution, establish
a rate of interest due on unpaid assessments.
