Township of Lower Saucon, PA
Northampton County
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Table of Contents
Table of Contents
[Adopted 4-1-1992 by Ord. No. 92-5]
Where used in this article, these terms shall be defined as follows:
The number of residents living in a dwelling, as defined as "family" by the Pennsylvania Department of Community and Economic Development.
The total income of a family, as defined by the Pennsylvania Department of Community and Economic Development, for the purposes of eligibility for exemption from payment of access fees for projects funded by community development block grants. Income shall generally include but not be limited to wages, salaries, tips, interest, dividends, social security, retirement and rents and shall be the sum of the incomes of all of the resident family members.
A parcel of land shown as a separate lot on a recorded subdivision plot, or a parcel of land under single ownership.
A person who lives in a habitable dwelling located upon a benefiting property for a period of at least six months each year.
Any property which abuts upon or is adjacent to a water main, regardless of whether the main is in a public street or in a right-of-way easement.
[Amended 5-20-1998 by Ord. No. 98-17]
All abutting property owners to the Applebutter Road water distribution system, phase I, II or III, herein described shall connect to and use said water distribution system, except as exempted by this article.
In the event that any owner of property, except those previously excepted, abutting such water system shall neglect or refuse to connect with said system for a period of 90 days after notice to do so has been served upon him by the Township or any of its agents, either by personal service or certified or registered mail, return receipt requested, said property owner shall be deemed to be in violation of this article and shall be subject to the penalties and remedies hereinafter set forth.
The following property owners shall not be required to connect to the proposed water distribution system so long as any one of the following exceptions is applicable to the property in question:
Industries and farmers which have their own supply of water for uses other than human consumption;
Unimproved real estate; or
Improved real estate wherein no portion of a habitable structure is closer than 150 feet to the closest possible point of connection at the property line.
Any connection to the water distribution system shall be made in accordance with the rates, rules and regulations as adopted and amended from time to time by resolution of the Lower Saucon Township Council and/or the Lower Saucon Authority, if applicable.
The Council shall, by resolution, with specific reference to this article, establish a meter installation and inspection fee from time to time, not to exceed $225.[1] The meter installation and inspection fee shall be assessed and paid for each and every connection in accordance with the rates, rules and regulations. Said meter installation and inspection fee shall be paid in full prior to connection to the water system at the Township Municipal Building or such other place as the Council may determine from time to time. No connection fee, tapping fee or front-foot assessment will be charged in accordance with the regulations of the Pennsylvania Department of Community and Economic Development at the time the connection notices are issued.
Editor's Note: The current Fee Schedule is available at the Town Hall.
Upon connection of a customer to the water system, a water service charge shall be paid to the Township for water service. Such service charge shall be paid in accordance with the rates, rules and regulations which may be adopted or amended from time to time by resolution of Lower Saucon Township and/or the Lower Saucon Authority, if applicable, with the exception that no special assessment or quarterly charge will be imposed for retirement of interest payments for funds required to finance the construction of the proposed Applebutter Road water system as described herein.
[Amended 9-18-1996 by Ord. No. 96-10]
In case of neglect or refusal by the owner of any property to pay any bill for water service on the due date of any bill or invoice or connect to the water system within the time period set forth herein, in addition to any other remedies provided by law, Lower Saucon Township Council or its designated agent may exercise any one or more of the following remedies:
Enter upon or come upon the property of the owner and cause such connection to be made in accordance with the rates, rules and regulations herein described and, upon completion of the work, present an itemized bill of the cost of construction of such connection to the owner of the property to which connection has been made, which bill shall be payable forthwith by the owner to Lower Saucon Township or to the use of the contractor performing said work, and upon failure to pay said bill within 10 days from the date thereof, the Township shall file a municipal lien against the owner for said costs, together with interest at the maximum legal rate and all attorney's fees and other costs allowable. All said liens may be collected in accordance with the general laws relating to the collection of municipal claims; or
In the event of nonpayment of the water service charge, file a municipal lien in accordance with the general laws providing for the filing and recovery of municipal liens, bring an action in assumpsit or terminate water service to the premises or any combination of the aforesaid remedies.[1]
Editor's Note: Former Section 9(b), which set forth penalties for violation of this article, was deleted 5-20-1998 by Ord. No. 98-17. See now § 174-26.
The exercise of any remedy under § 174-24 shall not preclude the Township from the exercise of any other remedy thereunder; all remedies are cumulative.
[Added 5-20-1998 by Ord. No. 98-17]
Any person who fails to voluntarily pay within 10 days to the Township the penalty imposed for violation of this article shall be subject to a civil enforcement proceeding. Any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.