Words and terms used in this chapter, and not given a specific
definition, as set forth in this section, shall be defined as may
be set forth in the applicable statutes and/or regulations of the
United States or of the Commonwealth of Pennsylvania and shall otherwise
be given their ordinary and common meaning:
BEST MANAGEMENT PRACTICES (BMPs)
Methods, procedures and analyses, as specified in the Pennsylvania
Stormwater Best Management Practices Manual, to reduce flooding potential
and to manage and control the volume, flow rate, and water quality
of stormwater.
FEES
A sum of money assessed, imposed, and to be collected from
the owner of each nonexempt property (having an Allegheny County property
identification number) within the Township of Pine Stormwater Management
District which uses, benefits from, or is serviced by the stormwater
management system or stormwater management facility or discharges
stormwater directly or indirectly, into the stormwater management
system or stormwater management facility, with such fee to be paid
to the Township of Pine for its utilization in planning, constructing,
operating, maintaining, regulating, inspecting, and improving such
system and facilities and the services provided thereby.
NONTAXABLE PARCEL
A lot or parcel within the Township of Pine's Stormwater
Management District created and recorded in the Allegheny County Department
of Real Estate which has been determined by the Allegheny County Assessor's
office to be exempt from the imposition of real estate taxes.
OWNER
Any person, firm, corporation, individual, partnership, company,
association, organization, society or group owning herein affected
real property in the Township of Pine.
PROPERTY
Each lot, parcel, building or portion thereof within the
Township of Pine's Stormwater Management District, separately established
by a property identification number (i.e., a lot and block number)
issued through the Allegheny County Department of Real Estate.
STORMWATER
Runoff water from all precipitation events, snowmelt and
natural springs.
STORMWATER MANAGEMENT DISTRICT
A geographic area within the Township of Pine consisting of land (and including the previously subdivided lots or parcels within) identified and described in §
71-3 of this chapter.
STORMWATER MANAGEMENT FACILITIES
Components, including both man-made structures and natural
features, which comprise a stormwater management system (including,
but not limited to, storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, manholes, ditches, channels, basins,
outfalls, detention ponds and tanks, streets, curbs, drains, and all
devices, appliances, and stormwater BMPs, such as infiltration and
filtration facilities).
STORMWATER MANAGEMENT SYSTEM
The system of runoff avoidance, infiltration, collection
and conveyance (including storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, manholes, ditches, channels, basins,
outfalls, and detention ponds and tanks, streets, curbs, drains, and
all devices, appliances, and stormwater BMPs, such as infiltration
and filtration facilities) used for collecting, conducting, pumping,
conveying, detaining, infiltrating, reducing, managing, avoiding the
generation of, and treating stormwater, regardless of ownership.
STORMWATER MANAGEMENT SYSTEM EXTENT
For the purpose of this chapter the extent of a stormwater
management system shall commence where stormwater runoff enters a
closed conduit system and extend to the exit of a structural outfall
to a stream, drainageway or watercourse. The extent of the stormwater
management system shall not include surface runoff or swales that
convey stormwater either to or away from a stormwater management system.
TAXABLE PARCEL
A lot or parcel within the Township of Pine's Stormwater
Management District created and recorded in the Allegheny County Department
of Real Estate and which has been determined by the Allegheny County
Assessor's office to be subject to the payment of real estate taxes
and is not the recipient of an established exemption therefrom.
USER
Any person, firm, corporation, individual, partnership, company,
association, society, or group using, benefiting from or being served
by the stormwater management system and/or stormwater management facilities.
The Township of Pine hereby establishes and imposes a fee, as
specified herein, upon each and every taxable parcel (having an Allegheny
County property identification number) within its Stormwater Management
District that uses or is benefited by the stormwater management system,
and/or stormwater management facilities, either directly or indirectly.
The fee herein shall be imposed for the use, benefit, construction,
inspection, planning, operation, maintenance, repair, replacement
and improvement of the stormwater management system and/or stormwater
management facilities. The fee herein shall be imposed on a yearly
basis and paid annually as follows:
A. The fee shall initially be set at a flat rate of $100 per taxable
property where maintenance and operation of a stormwater management
facility is of multiple property owners (such as, but not limited
to, a homeowners' association or separate property owners within a
subdivision or land development plan where a viable homeowners' association
has not been created).
B. The fee credit shall be initially set at a flat rate credit of $100
per taxable property where a stormwater management facility is the
responsibility of multiple property owners and such stormwater management
facility has been adequately maintained by such property owners, as
determined following inspection and certification by the Township
of Pine.
C. When a group of multiple property owners either assumes responsibility
for operation and maintenance of stormwater management facilities
(when they did not so previously) or no longer performs or accepts
responsibility for operation and maintenance of stormwater management
facilities (when they did so previously) such changes shall be authorized
by official action of the Township of Pine Board of Supervisors at
a public meeting.
D. When a group of multiple property owners requests to accept responsibility
for operation and maintenance of stormwater management facilities
(which was previously not so performed) the fee provided herein shall
continue to be charged, without credit, as otherwise specified herein,
for a period of three additional years after official action of the
Township of Pine Board of Supervisors, after which time the credit
specified herein shall become applicable.
The fee provided herein shall be uniformly assessed, liened
and collected in accordance with the applicability of responsibility
for the specified property's real estate taxes, unless exempted.
References in this chapter to "use," "user," "lot," "parcel,"
with respect to the assessment of fees shall not be construed to modify
or alter the fact that the fees authorized by this chapter shall be
assessed to the owner(s) of each separate property or parcel, and
such owner(s) shall be and remain liable for payment of same, whether
or not such owner occupies the property and therefore directly uses
the stormwater management facilities and stormwater management system.
Nothing in this chapter shall be construed to prohibit the owner's
ability to collect by lease or contract equivalent sums due from a
tenant or other occupier of the owner's property, but such lease or
contract shall not bind the Township of Pine or limit in any way its
authority to impose, assess, and collect the fees specified herein
from the owner(s) of the property and to lien a property regulated
hereby.
In accordance with Section 1612 of the Second Class Township
Code and the Municipal Claims Act, 53 P.S. § 7101 et seq.,
as amended, all fees, penalties, interest (at the permitted legal
rate upon the unpaid balance after its due date), collection fees
(including reasonable attorneys' fees), lien filing and satisfaction
fees and other charges imposed for failure to pay promptly the fees
assessed by this chapter, shall constitute a lien upon and against
the subject property and its owner from the date of their imposition
and assessment.
All fees and other stormwater-related revenue authorized to
be imposed, assessed, and collected by this chapter shall be deposited
in the Township of Pine Stormwater Revenue Account, a separate account
dedicated to the operation, administration, maintenance, repair and
improvement of the stormwater management system. Such fees and revenue
shall, in accordance with the provisions of Pennsylvania Act No. 62
of July 1, 2016 (P.L. 439), be used only for the purposes authorized
thereby.
Flooding may occur occasionally due to stormwater volume that
exceeds the capacity of the Township of Pine's stormwater management
system. Nothing in this chapter shall be deemed to imply that properties
within the Township of Pine, including but not limited to those subject
to the fees imposed hereby, shall always be free from flooding or
flood damage, or that all flood control projects to control stormwater
can provide complete protection from all flood and storm events. Nothing
whatsoever in this chapter shall deem the Township of Pine liable
for any injuries or damages incurred, either directly or indirectly,
from stormwater or from adverse water quality. Nothing in this chapter
purports to reduce the need, appropriateness, or necessity for flood
insurance to be separately maintained by owners of properties, and
the Township of Pine expressly reserves its right to assert all available
legal immunities and defenses in any civil action seeking to impose
monetary damages upon the Township of Pine, its officers, employees
and agents arising out of any alleged failure of or negligence or
breach of duty regarding the stormwater management system.
The Board of Supervisors of the Township of Pine is hereby authorized
to do all acts (including authorization to delegate same to its authorized
Township management staff, Township Solicitor, and other duly authorized
agents) necessary to carry out the terms of this chapter, including
but not limited to performance of necessary ongoing repairs, maintenance,
or management associated with stormwater management functions within
the Township of Pine's Stormwater Management District and, also, the
collection of the related fees and costs established hereby.
If any section, paragraph, subsection, clause or provision of
this chapter shall be declared invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than that portion
specifically declared invalid.