[Adopted 8-21-1996 by Ord. No. 96-6]
Where used in this article, these terms shall
be defined as follows:
A parcel of land shown as a separate lot on a recorded subdivision
plot, or a parcel of land under single ownership.
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 on the Meadows/Polk
Valley Road and Hellertown Park water distribution system 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 exempted, 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 the property owner 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 exemptions is applicable to the property in question:
A.
Industries and farmers which have their own supply
of water for uses other than human consumption;
B.
Unimproved real estate;
C.
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; or
D.
Improved real estate presently connected to and served,
as of the date of this article, by another public water system.
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.
Upon connection of a customer to the water system,
all applicable connection fees, tapping fees, meter and inspection
fees and periodic water service charges shall be paid to the Lower
Saucon Authority for water service. Such fees and charges shall be
paid in accordance with the rates, rules and regulations which may
be adopted or amended from time to time by the Lower Saucon Authority,
including a special purpose tapping fee, which may be imposed to finance
the construction of the proposed Meadows Road, Polk Valley Road and
Hellertown Park water system as described herein.
The Lower Saucon Authority may impose assessment
charges upon all properties with water frontage abutting the system
in accordance with provisions allowed by law, except those properties
herein specifically exempted.
The following property owners shall not be required
to pay the assessments established herein, so long as any one of the
following exemptions is applicable to the property in question:
In case of neglect or refusal by the owner of
any property to connect to the water system within the time period
set forth herein, in addition to any other remedies provided by law,
Lower Saucon Township, its agents or designated authority may exercise
any one or more of the following remedies:
A.
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 its designated authority 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 or its designated authority
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.
B.
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 Magisterial District Judge 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.
[Amended 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]
The exercise of any remedy under § 174-45 shall not preclude the Township or its designated authority from the exercise of any other remedy thereunder; all remedies are cumulative.
