[Adopted 11-5-2018 by Ord. No. 388]
Pursuant to a petition filed by certain citizens and taxpayers
owning certain properties fronting upon Skylark Drive in the Township
of Pine, and acting upon the authority conferred by applicable law,
the Skylark Drive Water District is hereby created by the Township
of Pine for the purpose of entering into contracts, installing public
main water lines and making assessments upon the property owners abutting
said public main water lines. The assessments shall be upon each of
the benefited lots or pieces of ground in proportion to its frontage
abutting on the water mains as related to the total installation costs
(including engineering, legal, and construction) thereof. A copy of
said petition is attached hereto, incorporated herein, and made a
part hereof as Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file in the Township
offices.
The geographic area to be constituted as the Skylark Drive Water
District shall include those properties fronting on Skylark Drive
(or having a right of access thereto) and/or improved, accommodated,
or benefited by said main water line construction, as designated and
shown on the plan designated as Appendix 2, attached hereto, incorporated
herein, and made a part hereof.[1] A plan of the geographic area to be included within the
Skylark Drive Water District shall also be on file at the Township
of Pine Municipal Building and may be viewed and inspected during
normal office hours.
[1]
Editor's Note: Appendix 2 is on file in the Township
offices.
The Board of Supervisors of the Township of Pine is hereby authorized
to do all acts necessary to carry out the terms of this article, including
installing or having installed main water lines within the Skylark
Drive Water District, the entering into necessary contracts therefor,
and the assessment of abutting and/or accommodated, improved or benefited
properties and their owners in accordance with the provisions of the
taxpayers' and citizens' petition and/or applicable law.
The costs of construction and also the engineering and legal
costs of the main water lines are legally chargeable upon the properties
accommodated, improved or benefited thereby, and such properties are
hereby assessed at a rate not to exceed 100% of the total such costs
of said water line project, with each such lot or piece of ground
being assessed in proportion to its frontage upon the water mains
as related to such total costs. Such assessments shall allow for equitable
reductions, as may be deemed to be necessary, for corner properties,
unusually shaped properties, or properties abutting on more than one
main, as the case may be.
Assessments against abutting and/or benefited, accommodated,
or improved properties and their owners shall be made as follows:
A.
Whenever the construction of the water line within the Skylark Drive
Water District has been completed and approved by the Township Engineer
and West View has presented its final bill for costs of the construction
of such water line project, the Supervisors shall assess each lot
or piece of ground abutting and/or accommodated, improved or benefited
by the construction of the water line for the construction, engineering
and legal costs thereof; provided, however, that the aggregate of
such assessments shall not exceed the total construction, engineering
and legal costs of the water line project, and each of the properties
shall be assessed in proportion to its frontage abutting on the water
mains in relation to such total costs. Such assessments shall allow
for equitable reductions, as may be deemed to be necessary, for corner
properties, unusually shaped properties, or properties abutting on
more than one main, as the case may be.
B.
Assessment bills based upon the procedure set forth in Subsection A of this section shall be prepared by the Township of Pine and signed by the Chairman and attested by the Secretary of the Board of Supervisors.
C.
The Township shall forthwith serve the assessment bills upon the
owner or owners of each such lot or piece of ground by certified mail,
return receipt requested. If such owner or owners cannot be found
within the Township, said notice may be served upon any agent or party
in possession of the premises, or posted on the most-public part of
the assessed property.
A.
Each lot or piece of ground abutting on or benefited, accommodated
or improved by the water lines constructed within the Skylark Drive
Water District shall be assessed a portion of the total costs thereof
in accordance with the provisions of this article, and the charge
upon each lot or piece of ground shall be determined by the Township's
Board of Supervisors by ordinance or resolution.
B.
The owner or owners of each such property shall be notified of such
assessment, provided with a copy of this article, and provided with
copies of any additional ordinance or resolution establishing the
assessment. Such notification shall include advisement of the rights
of owners whose property valuation (as assessed for taxable purposes
within the water district) amounts to 50% of the total property valuation
so assessed, or owners representing 50% of the parcels within the
water district, to file a petition (pursuant to the statutory limitations
contained in Section 2613 of the Second Class Township Code) in the
Court of Common Pleas within three months of the levying of such assessments
to challenge them and to request the appointment of viewers to assess
benefits to the properties involved pursuant to the aforementioned
statute. Such notification shall be made by the Township by certified
mail, return receipt requested, or, if such owner or owners cannot
be found within the Township, said notice may be served upon any agent
or party in possession of the premises or posted on the most-public
part of the assessed properties.
C.
Upon the filing of a valid petition with the Court of Common Pleas,
which satisfies the minimum requirements for same set forth in Section
2613 (53 P.S. § 67613) of the Second Class Township Code,
and which challenges the assessments and requests the appointment
of viewers to assess benefits, the assessments made by the Township's
Board of Supervisors and any proceedings relating thereto shall be
stayed pending disposition of such petition by the Court of Common
Pleas in accordance with the provisions of the aforementioned statute.
Payment of all such above-described assessments shall be made
payable forthwith to the Township of Pine through its Township Manager.
Any owner of property so assessed shall have, at his or her option,
the choice of paying the assessment in three equal, annual installments,
with the accrual of annual interest at the rate of 6% per annum, paid
in the following manner:
A.
The first installment shall be due and payable within 60 days from
mailing of the assessment bill, and each annual installment with interest
thereon shall be payable on the same day and month of each succeeding
year.
B.
Any notice of intention by the owner to exercise such installment
option shall be filed in writing with the Township Manager at the
time of the paying of the first installment.
C.
A lien shall be duly filed in accordance with applicable law, for
the amount of the assessment, which lien shall not be prosecuted so
long as installments are duly paid. Upon default on the payment of
a current installment, a penalty of 5% shall be charged against such
installment; and upon default in the payment of more than one installment,
a penalty of 5% shall be charged on the entire unpaid balance.
If any owner has not elected to pay by installments, and refuses
or neglects to pay such assessment in full within the time period
set forth herein or as provided by law following issuance of the assessment
bill, the Township shall file a municipal lien, in accordance with
Section 1612 of the Second Class Township Code, also claiming interest
thereon at the rate of 6% per annum on the unpaid balance from the
date of such assessment bill. The Township Manager shall certify to
the Township Solicitor all unpaid assessments, and the Township Solicitor
shall file municipal claims against the property or properties upon
which such assessments shall have been made. The Township Solicitor
shall thereupon proceed to collect the assessment under the general
law relating to the collection of municipal claims, including, if
so directed by the Township, the filing and prosecution of civil suits.
If such civil suits are filed and prosecuted, the Township shall assert
a claim therein for costs of prosecution and reasonable attorneys'
fees.
