[Ord. 1985-3, 2/6/1985, § 1]
1.
A tax is hereby levied, assessed and imposed on property owners,
from January 1, through December 31, of each year, who benefit from
streetlighting and illumination in the Township. The Township Supervisors
shall annually assess and determine the amount of the light tax by
a cost per front footage basis, in relation to the amount of the yearly
cost, charges, maintenance and expenses of lighting and illuminating
the highways, roads and streets of the Township, according to the
following formula:
A.
An assessment of the cost per front footage multiplied by the number
of feet the property fronts on a street, road or highway of the Township
to be lighted within 250 feet of the streetlight.
B.
No assessment, as per the formula in Subsection 1A above shall be
made against any farmland. However, vacant lots between built-up sections,
whether tilled or untitled shall not be deemed to be farmlands. The
assessment per front foot against vacant lots shall be 25% of the
cost per front footage multiplied by the number of feet the property
fronts on the street, road or highway to be lighted within 250 feet
of the streetlight.
C.
Any property owner of a corner lot which has frontage on at least
two sides of a lot on a street, road or highway within 250 feet of
a streetlight shall pay an assessment of the cost per front footage
multiplied only by the length in feet of the longest side. However
any property owner of any corner lot which is also a vacant lot shall
comply with assessment formula in Subsection 1B.
D.
Any property owner of a lot which has front footage on two streets,
roads or highways, both of which frontages would be within 250 feet
of a streetlight or lights shall pay an assessment of the cost per
front footage multiplied only by the length in feet of the longest
side. However, any property owner of a lot which has frontage on two
streets which is also a vacant lot shall comply with the assessment
formula in Subsection 1B.
[Ord. 1985-3, 2/6/1985, § 2]
The Collector shall mean the person, public employee, or private
agency designated by Lower Mt. Bethel Township to collect and administer
the tax herein imposed.
[Ord. 1985-3, 2/6/1985, § 3]
All such assessments for streetlighting shall be filed with
the Township Collector who shall give 30 days written or printed notice
that the assessments are due and payable, stating the due date to
each party assessed, either by service on the owner of the property,
or by mailing such notice to the owner at his last known post office
address.
[Ord. 1985-3, 2/6/1985, § 4]
The Collector shall be compensated as may be determined by resolution
of the Lower Mt. Bethel Township Board of Supervisors.
[Ord. 1985-3, 2/6/1985, § 5; as amended by Ord.
2010-03, 7/12/2010, § 3]
If any assessment remains unpaid 90 days after the due date,
it shall be turned over to the Township Solicitor and/or Township
Secretary for collection by means of an action in assumpsit for recovery
or a municipal lien filed against the property of the delinquent owner
for the amount of the unpaid assessment, plus interest established
by the Board of Supervisors from time to time, calculated from the
date the assessment was due. The Township shall be entitled to recover
all costs incurred in the collection of the unpaid assessment, including,
but not limited to, attorneys fees, expenses and court costs. When
an owner has two or more lots against which there is an assessment
for the same year, all such lots shall be included in one claim.
[Ord. 1985-3, 2/6/1985, § 6]
1.
All assessments, when collected, shall be paid over to the Township
Secretary- Treasurer, who shall receive and shall keep the same in
a separate account, and pay out the same only upon orders signed by
the Chairman of the Township Supervisors, attested by the Secretary.
2.
The Collector and the Secretary-Treasurer shall make a report to
the auditors of the Township annually.
[Ord. 1985-3, 2/6/1985, § 7; as amended by A.O.]
In addition to the remedies provided for in § 24-705 of this Part above, any person who shall violate any of the provisions of this Part, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than $600 plus all court costs. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by a magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure, at which time, in addition to any penalties, the violator shall be liable for any attorney's fees and costs incurred by the Township. Each day that a violation continues or each section of this Part which shall be found to have been violated shall constitute a separate violation.
[Ord. 1985-3, 2/6/1985, § 8]
It is the intention of the Lower Mt. Bethel Township Supervisors
that each separate provision of this Part shall be independent of
all the provisions herein and it is further the intention of the said
Lower Mt. Bethel Township Supervisors that if any of the provisions
of this Part shall be declared to be invalid, all of the other provisions
hereof shall remain valid and in force.
[Ord. 1996-9, 9/3/1996, § 1]
This Part shall be known as the "Lower Mount Bethel Township
Turnquist Streetlighting District Ordinance."
[Ord. 1996-9, 9/3/1996, § 2]
This Part is adopted pursuant to the authority of § 702,
cls. I and II, of the Second Class Township Code, 53 P.S. § 65702.
The purpose of this Part is to provide lighting to the Lower Mount
Bethel Township Turnquist Streetlighting District and to charge the
cost thereof to the benefitted landowners.
[Ord. 1996-9, 9/3/1996, § 3]
The Board of Supervisors of Lower Mount Bethel Township has
been requested to maintain streetlights upon TR-694 (Gravel Hill Road)
located (A) across road from Lot 9, approximately 50 feet westerly
from common property line of Lot 9 and Lot 8; and (B) along Lot 3
approximately 80 easterly from common property line of Lot 3 and Lot
2; as shown on the attached sketch marked as Exhibit "24-7B-A" and
intended to become a part hereof. The Board of Supervisors of Lower
Mount Bethel Township have considered and shall enact this Part known
as the Lower Mount Bethel Township Turnquist Streetlighting District
Ordinance to assure that the cost of providing and maintaining streetlighting
shall be paid through a uniform annual assessment made upon benefitted
properties as provided by § 702(C)(b) of the Second Class
Township Code, 53 P.S. § 65702(C)(b).
[Ord. 1996-9, 9/3/1996, § 4]
There is hereby established a Streetlighting District pursuant to § 702 cls. 2 and II, as amended, 53 P.S. § 65702, to be known as the "Lower Mount Bethel Township Turnquist Streetlighting District." Said Streetlighting District shall consist of the Northampton County Tax Map Parcels listed in § 24-715, Subsection 1C, of this Part.
[Ord. 1996-9, 9/3/1996, § 5]
1.
There is hereby levied and imposed a uniform annual assessment consisting
of the annual costs of streetlighting including, but not limited to,
maintenance, repair and utility expense for the Lower Mount Bethel
Township Turnquist Streetlighting District as follows:
A.
Such assessment shall consist of the annual costs of streetlighting
plus maintenance, repair, and administrative costs as established
by the Lower Mount Bethel Township Board of Supervisors for the previous
year.
B.
Said costs shall be assessed pro rata against the benefitted properties
according to a per lot fee to be established by resolution of the
Lower Mount Bethel Township Board of Supervisors.
C.
The following chart shows: Column 1, Lot #; Column 2, each Tax Map
parcel in the Lower Mount Bethel Township Turnquist Streetlighting
District; and Column 3, the percentage assessment computed for each
Tax Map parcel to be paid for the initial period.
|
Lot #
|
Tax Map Parcel
|
% of Total Cost
| |
|---|---|---|---|
|
1
|
F11-8-5A-1
|
6.25%
| |
|
2
|
F11-8-5A-2
|
6.25%
| |
|
3
|
F11-8-5A-3
|
6.25%
| |
|
4
|
F11-8-5A-4
|
6.25%
| |
|
5
|
F11-8-5A-5
|
6.25%
| |
|
6
|
F11-8-5A-6
|
6.25%
| |
|
7
|
F11-8-5A-7
|
6.25%
| |
|
8
|
F11-8-5A-8
|
6.25%
| |
|
9
|
F11-8-5A-9
|
6.25%
| |
|
10
|
F11-8-5A-10
|
6.25%
| |
|
11
|
F11-8-5A-11
|
6.25%
| |
|
12
|
F11-8-5A-12
|
6.25%
| |
|
13
|
F11-8-5A-13
|
6.25%
| |
|
14
|
F11-8-5A-14
|
6.25%
| |
|
15
|
F11-8-5A-15
|
6.25%
| |
|
16
|
F11-8-5A-16
|
6.25%
|
[Ord. 1996-9, 9/3/1996, § 6]
The Lower Mount Bethel Township Board of Supervisors may, on
a yearly basis, adjust the per lot assessment as set forth in this
Part by resolution upon considering the costs of maintenance, repair,
power, and other expenses as incurred for lighting within the district
herein established.
[Ord. 1996-9, 9/3/1996, § 7; as amended by Ord.
2010-04, 7/12/2010, § 3]
The annual assessment for the streetlighting shall be collected
by the Secretary/Treasurer of Lower Mount Bethel Township in the same
manner as other assessments (such as garbage, other streetlight assessments,
etc.) are collected. If any assessment remains unpaid 90 days after
the due date, it shall be turned over to the Township Solicitor and/or
Township Secretary for collection by means of an action in assumpsit
for recovery or a municipal lien filed against the property of the
delinquent owner for the amount of the unpaid assessment, plus interest
established by the Board of Supervisors from time to time, calculated
from the date the assessment was due. The Township shall be entitled
to recover all costs incurred in the collection of the unpaid assessment,
including but not limited to attorneys' fees, expenses and court
costs. When an owner has two or more lots against which there is an
assessment for the same year, all such lots shall be included in one
claim.
