[Adopted 7-7-1997 by Ord. No. 1997-004]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with the powers conferred under 53 P.S. § 67002 of the Second Class Township Code, upon receipt of petitions signed by 70% of property owners within any defined area of the Township, the Board of Supervisors shall establish the defined area as a lighting district or include the defined area within an existing lighting district and shall provide public lighting within the area.
Upon its approval of a petition requesting installation of streetlights, the Board of Supervisors shall enter into contracts with the appropriate electric utility for the lighting of said public streets and highways.
All costs of installing streetlights and of providing lighting and maintenance shall be paid by annual assessments of the properties benefited thereby which are located within 250 feet of such lighting.
[Amended 3-1-2004 by Ord. No. 2004-001]
The said cost and expense of maintenance and provision of streetlights shall be assessed by an equal assessment on properties located within 250 feet of such lighting.
[Amended 3-1-2004 by Ord. No. 2004-001]
Upon receipt from the electric utility of appropriate information as to costs of the utility's provision of streetlighting, the Board of Supervisors shall establish and impose by resolution streetlighting assessments upon all properties benefitted by streetlighting in order to assure payment of the costs of streetlighting and maintenance by owners of the properties benefitted thereby. All streetlighting assessments imposed under such resolutions shall be on a calendar-year basis.
[Amended 3-1-2004 by Ord. No. 2004-001]
All such annual assessments for streetlights shall be filed with the North East Township Tax Collector in the same manner as Township taxes are collected. The North East Township Tax Collector is hereby directed to give notice, on or before March 15 of each year, that such streetlighting assessments are due and payable at their face amount to the North East Township Tax Collector on or before June 30 next following the effective date of such assessment. Such notices shall be served upon owners of the properties by mailing such notices to property owners at their last-known post office address.
[Amended 3-1-2004 by Ord. No. 2004-001]
If the assessments or any of them imposed pursuant to this article shall remain unpaid as of July 1 of the year in which the same were imposed, all such unpaid assessments shall be returned by the North East Township Tax Collector to North East Township and, from that date, North East Township shall be solely responsible for collection in accordance with procedures established by the Board of Supervisors and the general municipal law.
[Amended 3-1-2004 by Ord. No. 2004-001]
A penalty equal to 5% of any streetlighting assessment unpaid in whole or in part as of July 1 is hereby imposed and shall be added to the amount of the unpaid assessment.
[Amended 3-1-2004 by Ord. No. 2004-001]
Interest at the rate of 10% per year from July 1 shall be assessed on all streetlighting assessments and penalties unpaid in whole or in part on July 1 of the year for which such assessment has been imposed.
[Amended 3-1-2004 by Ord. No. 2004-001]
Should any new streetlighting be approved, an assessment shall be established for the balance of the year then existing. Said assessments shall promptly be filed with the North East Township Tax Collector, who shall give owners of the properties affected written notice thereof. Said assessments shall be payable at their face amount on or before the end of the second calendar month next following the effective date of the assessment and, as to assessments unpaid on said date, shall be subject to the penalty and interest as set forth in §§ 269-15 and 269-16.
All billings for streetlighting assessments shall set forth the effective date of the assessment, the last day for payment of such assessment at its face amount to the Tax Collector, the fact that assessments after that due date shall be returned to North East Township for collection and detail regarding penalties and interest imposed for nonpayment.
Streetlighting assessments imposed under and pursuant to this article and all prior or future resolutions duly adopted by the Board of Supervisors shall, from the effective date of such assessments, constitute liens against the identified benefited properties in accordance with the provisions of 53 P.S. § 7106, as amended, and shall, upon return of unpaid assessments by the North East Township Tax Collector to North East Township, be collected pursuant to procedures adopted by resolution of the Board of Supervisors and as provided by the general municipal law.
All actions of the Board of Supervisors duly adopted prior to the effective date of this article with regard to installation of streetlighting and imposition and collection of streetlighting assessments are hereby ratified.