[Ord. 1986-11, 12/4/1986; as amended by Ord. 2011-12, 10/6/2011]
Unless otherwise specifically and clearly indicated, the meanings
of the terms used in this Part shall be as follows:
The Lehigh County Authority, a Pennsylvania municipality
authority.
The joining together of the internal water system of a building
with the public water distribution system of the Authority in accordance
with the Township and Authority rules and regulations.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings, including industrial-commercial establishments.
The operation of a business enterprise for the manufacturing,
fabricating, processing or assembling of any product, commodity or
article.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Township of Lower Macungie, Lehigh County, Pennsylvania,
a township of the second class, acting by and through its Board of
Commissioners or, in appropriate cases, by and through its authorized
representatives.
The water distribution facilities, including all related
facilities, owned by the Authority, including all property, real,
personal and mixed; rights; powers; licenses; easements; rights-of-way;
privileges; franchises; and other property or interest in property
of whatsoever nature used or useful in connection with such facilities,
together with all additions, extensions, alterations, improvements
and betterments thereof or thereto which may be made, installed or
acquired, from time to time, by or for the Authority.
[Ord. 1986-11, 12/4/1986]
The water project, as described in Exhibit A,[1] is hereby authorized and the Authority is authorized to
proceed to plan and construct the water project. Furthermore, the
Authority is designated as the Township's agent for the water
project for any purposes necessary under Article XVI of the Second
Class Township Code[2] and/or this Part.
[Ord. 1986-11, 12/4/1986]
1.Â
The Authority has estimated the cost and revenue of the water project,
which is included in the attached Exhibit A,[1] with an estimated front-foot assessment rate of $18.17;
however, the Authority shall present to the Township for approval
final plans and estimates based on the lowest acceptable bid received
by the Authority for construction of the water project prior to construction
of the water project, whereupon the Township shall authorize an assessment
to be levied to recoup the cost thereof.
[1]
Editor's Note: Exhibit A is on file in the office of
the Township Secretary and may be examined during regular office hours.
2.Â
Nothing herein shall prohibit the Authority, where, in its opinion,
an assessment by the front-foot rule cannot legally be made against
or would not adequately measure the benefit to any property, to assess
the cost of construction against such property according to the extent
of benefits as determined by a Board of View.
3.Â
The Authority solicitor shall place a lien on each assessed property
for the full value of the assessment against each, together with appropriate
costs and charges, within six months of the date of completion of
the water project, unless such assessment is immediately paid in full.
[Ord. 1986-11, 12/4/1986]
The owner of any improved property abutting the water system
located in the Village of Wescosville east of the northeastern extension
of the Pennsylvania turnpike and within the designated area on the
service area map, dated May 2, 1986, as revised November 11, 1986,
and November 25, 1986, Drawing No. 576- E6/LMA-W86.0-1, Revision No.
2 of November 25, 1986, and attached hereto as Exhibit B[1], except owners of those industries and farms who have
their own supply of water for uses other than human consumption, shall
connect such improved property therewith in such manner as the Township
and the Authority may require within 90 days after notice to such
owner from the Authority, as agent for the Township, to make such
connection. The entire water system of any buildings on the property
providing human habitation shall be connected to the public water
system.
[1]
Editor's Note: Exhibit B is on file in the office of
the Township Secretary and may be examined during regular office hours.
[Ord. 1986-11, 12/4/1986]
The notice by the Authority to make a connection to the water system, referred to in § 26-104, shall consist of a copy of this Part or a summary of each section thereof, including any amendments and/or supplements at the time in effect, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 90 days from the day such notice is given. Such notice may be given at any time after a water main is in place which can supply water to the particular improved property. Such notice shall be served upon the owner in accordance with law.
[Ord. 1986-11, 12/4/1986]
In case any owner of property shall neglect or refuse to connect
for a period of 90 days after notice to do so has been duly served
upon him, the Authority may enter upon the premises and make the required
connection. In such event, the Authority shall, upon completion of
the work, send an itemized bill of costs to the property owner, which
shall be payable forthwith unless the Authority shall approve payment
of the costs in equal monthly installments, bearing interest at a
rate not to exceed 6% per annum.
[Ord. 1986-11, 12/4/1986]
No person shall construct any connection to, uncover, connect
with, make any opening into or use, alter or disturb, in any manner,
any water main constituting a part of the water project without first
making application for and securing a permit, in writing, from the
Authority. Such application shall be made on the standard Authority
water service application form provided by the Authority and attached
as Exhibit C.[1]
[1]
Editor's Note: Exhibit C is on file in the office of
the Township Secretary and may be examined during regular office hours.
[Ord. 1986-11, 12/4/1986]
1.Â
All connections to the water mains and the installation of any service
line to an improved property as part of the water project shall be
accomplished in conformance with the rules and regulations of the
Authority, which have been furnished to the Township and are on file
in the Authority office, and also in conformance with the Township
Plumbing Code.
3.Â
The Authority reserves the right to adopt, from time to time, additional
rules and regulations as they shall deem necessary and proper relating
to connections to the water system, which additional rules and regulations,
to the extent appropriate, shall be and shall be construed as part
of this Part. Any rules and regulations revised during the course
of the water project will be submitted to the Township for comment
before the Authority takes action on the revisions.
[Ord. 1986-11, 12/4/1986; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 1986-11, 12/4/1986]
Fines and costs imposed upon provisions of this Part shall be
enforceable and recoverable in the manner at the time provided by
applicable law.
[Ord. 1986-11, 12/4/1986]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of the Township.
[Ord. 1987-6, 5/21/1987; as amended by Ord. 2011-12, 10/6/2011]
Unless otherwise specifically and clearly indicated, the meaning
and terms used in this Part shall be as follows:
The Lehigh County Authority, a Pennsylvania municipality
authority.
The joining together of the internal water system of a building
with the public water distribution system of the Authority in accordance
with the Authority rules and regulations.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings, including industrial-commercial establishments.
An establishment for the operation of a business enterprise
or for the manufacturing, fabricating, processing or assembling of
any product, commodity or article.
Any person vested with ownership legal or equitable, sole
or partial, of any property located in this Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Township of Lower Macungie, Lehigh County, Pennsylvania,
a township of the second class, acting by and through its Board of
Commissioners or, in appropriate cases, by and through its authorized
representatives.
The water distribution facilities, including all related
facilities, owned by the Authority, including all property, real,
personal and mixed; rights; powers; licenses; easements; rights-of-way;
privileges; franchises; and other property or interest in property
of whatsoever nature used or useful in connection with such facilities,
together with all additions, extensions, alterations, improvements
and betterments thereof or thereto which may be made, installed or
acquired, from time to time, by or for the Authority.
[Ord. 1987-6, 5/21/1987]
The water project is hereby authorized, and the Authority is
authorized to proceed to plan and construct the water project. Furthermore,
the Authority is designated as the Township's agent for the water
project for any purposes necessary under Article XVI of the Second
Class Township Code[1] and/or this Part.
[1]
Editor's Note: See 53 P.S. § 66601 et seq.
[Ord. 1987-6, 5/21/1987]
1.Â
The Authority has estimated the cost and revenue of the water project,
which is included in the attached Exhibit B,[1] with an estimated maximum front-foot assessment rate of
$14.57; however, the Authority shall present to the Township a final
assessment rate, based on actual water project costs, upon completion
of the water project, whereupon the Township shall authorize an assessment
to be levied to recoup the cost thereof.
[1]
Editor's Note: Exhibit B is on file in the office of
the Township Secretary and may be examined during regular office hours.
2.Â
Nothing herein shall prohibit the Authority, where, in its opinion,
an assessment by the front-foot rule cannot legally be made against
or would not adequately measure the benefit to any property, to assess
the cost of construction against such property according to the benefit
method of assessment.
3.Â
The Authority Solicitor shall place a lien on each assessed property
for the full value of the assessment against each, together with appropriate
costs and charges, within six months of the date of completion of
the water project, unless such assessment has been paid in full.
[Ord. 1987-6, 5/21/1987]
A connection fee shall be paid for each premises connected to
the water system, in accordance with the schedule attached hereto
as Exhibit C.[1] There shall be 40% discount for any connection commitment,
with payment of the connection fee, made within 90 days of project
completion. All connection fees not paid within the first year shall
be subject to an annual increase, beginning one year after project
completion, reflecting the interest rate of the Authority financing
for the water project during the preceding year.
[1]
Editor's Note: Exhibit C is on file in the office of
the Township Secretary and may be examined during regular office hours.
[Ord. 1987-6, 5/21/1987]
No person shall construct any connection to, uncover, connect
with, make any opening into or use, alter or disturb, in any manner,
any water main constituting a part of the water project without first
making application for and securing a permit, in writing, from the
Authority. Such application shall be made on the standard Authority
water service application form provided by the Authority and attached
as Exhibit D.[1]
[1]
Editor's Note: Exhibit D is on file in the office of
the Township Secretary and may be examined during regular office hours.
[Ord. 1987-6, 5/21/1987]
1.Â
All connections to the water mains and the installation of any service
line to an improved property as part of the water project shall be
accomplished in conformance with the rules and regulations of the
Authority, which have been furnished to the Township and are on file
in the Authority office, and also in conformance with the Township
Plumbing Code.
2.Â
Only persons properly authorized by the Authority and the Township
Plumbing Code shall be permitted to make service line and service
connection installations.
3.Â
The Authority reserves the right to adopt, from time to time, additional
rules and regulations as they shall deem necessary and proper relating
to connections to the water system, which additional rules and regulations,
to the extent appropriate, shall be and shall be construed as part
of this Part. Any rules and regulations revised during the course
of the water project will be submitted to the Township for comment
before the Authority takes action on the revisions.
[Ord. 1987-6, 5/21/1987; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 1987-6, 5/21/1987]
Fines and costs imposed upon provisions of this Part shall be
enforceable and recoverable in the manner at the time provided by
applicable law.
[Ord. 1987-6, 5/21/1987]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Township.
