[Adopted 8-21-1996 by Ord. No. 96-6]
Where used in this article, these terms shall be defined as follows:
PROPERTY
A parcel of land shown as a separate lot on a recorded subdivision plot, or a parcel of land under single ownership.
WATER FRONTAGE
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:
A. 
The property is deemed to be eligible for water service using grant moneys in accordance with the terms of the aforesaid community development block grant.
B. 
The property is exempt by reason of applicable state statute or regulation.
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.