[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.