Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 1986-11, 12/4/1986; as amended by Ord. 2011-12, 10/6/2011]
Unless otherwise specifically and clearly indicated, the meanings of the terms used in this Part shall be as follows:
AUTHORITY
The Lehigh County Authority, a Pennsylvania municipality authority.
CONNECTION
The joining together of the internal water system of a building with the public water distribution system of the Authority in accordance with the Township and Authority rules and regulations.
IMPROVED PROPERTY
Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings, including industrial-commercial establishments.
INDUSTRIAL-COMMERCIAL ESTABLISHMENT
The operation of a business enterprise for the manufacturing, fabricating, processing or assembling of any product, commodity or article.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
TOWNSHIP
The Township of Lower Macungie, Lehigh County, Pennsylvania, a township of the second class, acting by and through its Board of Commissioners or, in appropriate cases, by and through its authorized representatives.
WATER SYSTEM
The water distribution facilities, including all related facilities, owned by the Authority, including all property, real, personal and mixed; rights; powers; licenses; easements; rights-of-way; privileges; franchises; and other property or interest in property of whatsoever nature used or useful in connection with such facilities, together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired, from time to time, by or for the Authority.
[Ord. 1986-11, 12/4/1986]
The water project, as described in Exhibit A,[1] is hereby authorized and the Authority is authorized to proceed to plan and construct the water project. Furthermore, the Authority is designated as the Township's agent for the water project for any purposes necessary under Article XVI of the Second Class Township Code[2] and/or this Part.
[1]
Editor's Note: Exhibit A is on file in the office of the Township Secretary and may be examined during regular office hours.
[2]
Editor's Note: See 53 P.S. § 66601 et seq.
[Ord. 1986-11, 12/4/1986]
1. 
The Authority has estimated the cost and revenue of the water project, which is included in the attached Exhibit A,[1] with an estimated front-foot assessment rate of $18.17; however, the Authority shall present to the Township for approval final plans and estimates based on the lowest acceptable bid received by the Authority for construction of the water project prior to construction of the water project, whereupon the Township shall authorize an assessment to be levied to recoup the cost thereof.
[1]
Editor's Note: Exhibit A is on file in the office of the Township Secretary and may be examined during regular office hours.
2. 
Nothing herein shall prohibit the Authority, where, in its opinion, an assessment by the front-foot rule cannot legally be made against or would not adequately measure the benefit to any property, to assess the cost of construction against such property according to the extent of benefits as determined by a Board of View.
3. 
The Authority solicitor shall place a lien on each assessed property for the full value of the assessment against each, together with appropriate costs and charges, within six months of the date of completion of the water project, unless such assessment is immediately paid in full.
[Ord. 1986-11, 12/4/1986]
The owner of any improved property abutting the water system located in the Village of Wescosville east of the northeastern extension of the Pennsylvania turnpike and within the designated area on the service area map, dated May 2, 1986, as revised November 11, 1986, and November 25, 1986, Drawing No. 576- E6/LMA-W86.0-1, Revision No. 2 of November 25, 1986, and attached hereto as Exhibit B[1], except owners of those industries and farms who have their own supply of water for uses other than human consumption, shall connect such improved property therewith in such manner as the Township and the Authority may require within 90 days after notice to such owner from the Authority, as agent for the Township, to make such connection. The entire water system of any buildings on the property providing human habitation shall be connected to the public water system.
[1]
Editor's Note: Exhibit B is on file in the office of the Township Secretary and may be examined during regular office hours.
[Ord. 1986-11, 12/4/1986]
The notice by the Authority to make a connection to the water system, referred to in § 26-104, shall consist of a copy of this Part or a summary of each section thereof, including any amendments and/or supplements at the time in effect, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 90 days from the day such notice is given. Such notice may be given at any time after a water main is in place which can supply water to the particular improved property. Such notice shall be served upon the owner in accordance with law.
[Ord. 1986-11, 12/4/1986]
In case any owner of property shall neglect or refuse to connect for a period of 90 days after notice to do so has been duly served upon him, the Authority may enter upon the premises and make the required connection. In such event, the Authority shall, upon completion of the work, send an itemized bill of costs to the property owner, which shall be payable forthwith unless the Authority shall approve payment of the costs in equal monthly installments, bearing interest at a rate not to exceed 6% per annum.
[Ord. 1986-11, 12/4/1986]
No person shall construct any connection to, uncover, connect with, make any opening into or use, alter or disturb, in any manner, any water main constituting a part of the water project without first making application for and securing a permit, in writing, from the Authority. Such application shall be made on the standard Authority water service application form provided by the Authority and attached as Exhibit C.[1]
[1]
Editor's Note: Exhibit C is on file in the office of the Township Secretary and may be examined during regular office hours.
[Ord. 1986-11, 12/4/1986]
1. 
All connections to the water mains and the installation of any service line to an improved property as part of the water project shall be accomplished in conformance with the rules and regulations of the Authority, which have been furnished to the Township and are on file in the Authority office, and also in conformance with the Township Plumbing Code.
2. 
Only persons properly authorized by the Authority and the Township Plumbing Code[1] shall be permitted to make service line and service connection installations.
[1]
Editor's Note: See Ch. 119, Plumbing.
3. 
The Authority reserves the right to adopt, from time to time, additional rules and regulations as they shall deem necessary and proper relating to connections to the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part. Any rules and regulations revised during the course of the water project will be submitted to the Township for comment before the Authority takes action on the revisions.
[Ord. 1986-11, 12/4/1986; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 1986-11, 12/4/1986]
Fines and costs imposed upon provisions of this Part shall be enforceable and recoverable in the manner at the time provided by applicable law.
[Ord. 1986-11, 12/4/1986]
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of the Township.
[Ord. 1987-6, 5/21/1987; as amended by Ord. 2011-12, 10/6/2011]
Unless otherwise specifically and clearly indicated, the meaning and terms used in this Part shall be as follows:
AUTHORITY
The Lehigh County Authority, a Pennsylvania municipality authority.
CONNECTION
The joining together of the internal water system of a building with the public water distribution system of the Authority in accordance with the Authority rules and regulations.
IMPROVED PROPERTY
Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings, including industrial-commercial establishments.
INDUSTRIAL-COMMERCIAL ESTABLISHMENTS
An establishment for the operation of a business enterprise or for the manufacturing, fabricating, processing or assembling of any product, commodity or article.
OWNER
Any person vested with ownership legal or equitable, sole or partial, of any property located in this Township.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
TOWNSHIP
The Township of Lower Macungie, Lehigh County, Pennsylvania, a township of the second class, acting by and through its Board of Commissioners or, in appropriate cases, by and through its authorized representatives.
WATER SYSTEM
The water distribution facilities, including all related facilities, owned by the Authority, including all property, real, personal and mixed; rights; powers; licenses; easements; rights-of-way; privileges; franchises; and other property or interest in property of whatsoever nature used or useful in connection with such facilities, together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired, from time to time, by or for the Authority.
[Ord. 1987-6, 5/21/1987]
The water project is hereby authorized, and the Authority is authorized to proceed to plan and construct the water project. Furthermore, the Authority is designated as the Township's agent for the water project for any purposes necessary under Article XVI of the Second Class Township Code[1] and/or this Part.
[1]
Editor's Note: See 53 P.S. § 66601 et seq.
[Ord. 1987-6, 5/21/1987]
1. 
The Authority has estimated the cost and revenue of the water project, which is included in the attached Exhibit B,[1] with an estimated maximum front-foot assessment rate of $14.57; however, the Authority shall present to the Township a final assessment rate, based on actual water project costs, upon completion of the water project, whereupon the Township shall authorize an assessment to be levied to recoup the cost thereof.
[1]
Editor's Note: Exhibit B is on file in the office of the Township Secretary and may be examined during regular office hours.
2. 
Nothing herein shall prohibit the Authority, where, in its opinion, an assessment by the front-foot rule cannot legally be made against or would not adequately measure the benefit to any property, to assess the cost of construction against such property according to the benefit method of assessment.
3. 
The Authority Solicitor shall place a lien on each assessed property for the full value of the assessment against each, together with appropriate costs and charges, within six months of the date of completion of the water project, unless such assessment has been paid in full.
[Ord. 1987-6, 5/21/1987]
A connection fee shall be paid for each premises connected to the water system, in accordance with the schedule attached hereto as Exhibit C.[1] There shall be 40% discount for any connection commitment, with payment of the connection fee, made within 90 days of project completion. All connection fees not paid within the first year shall be subject to an annual increase, beginning one year after project completion, reflecting the interest rate of the Authority financing for the water project during the preceding year.
[1]
Editor's Note: Exhibit C is on file in the office of the Township Secretary and may be examined during regular office hours.
[Ord. 1987-6, 5/21/1987]
No person shall construct any connection to, uncover, connect with, make any opening into or use, alter or disturb, in any manner, any water main constituting a part of the water project without first making application for and securing a permit, in writing, from the Authority. Such application shall be made on the standard Authority water service application form provided by the Authority and attached as Exhibit D.[1]
[1]
Editor's Note: Exhibit D is on file in the office of the Township Secretary and may be examined during regular office hours.
[Ord. 1987-6, 5/21/1987]
1. 
All connections to the water mains and the installation of any service line to an improved property as part of the water project shall be accomplished in conformance with the rules and regulations of the Authority, which have been furnished to the Township and are on file in the Authority office, and also in conformance with the Township Plumbing Code.
2. 
Only persons properly authorized by the Authority and the Township Plumbing Code shall be permitted to make service line and service connection installations.
3. 
The Authority reserves the right to adopt, from time to time, additional rules and regulations as they shall deem necessary and proper relating to connections to the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part. Any rules and regulations revised during the course of the water project will be submitted to the Township for comment before the Authority takes action on the revisions.
[Ord. 1987-6, 5/21/1987; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 1987-6, 5/21/1987]
Fines and costs imposed upon provisions of this Part shall be enforceable and recoverable in the manner at the time provided by applicable law.
[Ord. 1987-6, 5/21/1987]
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.