[Ord. No. 283, 1/14/2020]
This Part shall be known as the "Stormwater Maintenance Fee
Ordinance for Old Lycoming Township."
[Ord. No. 283, 1/14/2020]
The purpose of this Part is to provide dedicated funding needed
to ensure the proper development and maintenance of stormwater management
practices within Old Lycoming Township.
[Ord. No. 283, 1/14/2020]
1.
Old Lycoming Township is empowered by 53 Pa.C.S.A. § 67705
to assess reasonable and uniform fees for stormwater management activities
and facilities.
2.
Old Lycoming Township is empowered to regulate stormwater management
activities and facilities by the authority of the Storm Water Management
Act, 32 P.S § 680.1 et seq., and the Second Class Township
Code, 53 P.S § 35101 et seq.
3.
Old Lycoming Township is also empowered to regulate land use activities
that affect stormwater management systems by the authority of Pennsylvania's
Municipalities Planning Code, 53 P.S § 10101 et seq.
[Ord. No. 283, 1/14/2020]
The governing body of Old Lycoming Township finds that:
1.
Inadequate development and maintenance of stormwater facilities increases
stormwater runoff rates and volumes, contributes to erosion and sedimentation,
overtaxes the carrying capacity of storm sewers and streams, increases
the cost of public facilities to carry and control stormwater, undermines
floodplain management and flood-control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases pollution of water resources.
2.
A comprehensive program of stormwater management, including the generation
of funding to pay for effective stormwater best management practices,
is fundamental to the public health, safety and welfare and the protection
of people of the commonwealth, their resources and the environment.
3.
Stormwater is an important water resource which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
4.
Approaches to water management that protect, restore, and mimic natural
water cycles have significant environmental, social, and economic
benefits and should be encouraged.
5.
Federal and state regulations include requirements for municipalities
to implement a program of stormwater controls. Regulated municipalities
are required to obtain a permit for stormwater discharges from their
separate storm sewer systems and the National Pollutant Discharge
Elimination System ("NPDES"). In order to establish, operate, and
maintain the stormwater infrastructure of Old Lycoming Township, as
well as all systems upon which the storm infrastructure depends, sufficient
and stable funding is required to fund these public services.
6.
Old Lycoming Township intends to establish fair and equitable stormwater
management fees to assure that each lot within Old Lycoming Township
will pay its proportionate share of the costs of operation, maintenance,
repair, administration, replacement, and improvement of all stormwater
services provided or paid for by Old Lycoming Township.
[Ord. No. 283, 1/14/2020]
1.
Base Rate. The total fee, as proposed by Old Lycoming Township and
approved by Old Lycoming Township, in the form of a resolution, and
changed as necessary by a resolution, is the fee assessed to each
and every residential and commercial property in the Township. The
base rate shall be set to cover the municipality's total anticipated
stormwater expenses. Each developed lot in Old Lycoming Township shall
be subject to a monthly stormwater management fee. One-, two-, and
three-family residences on a single lot will each be charged a stormwater
management fee.
[Ord. No. 283, 1/14/2020]
1.
Old Lycoming Township shall create and maintain a dedicated stormwater
account separate from all other accounts or funds. All stormwater
management fees, and any penalties or interest on such fees, shall
be deposited in that account and shall be solely to provide stormwater
services.
2.
Billing.
A.
Old Lycoming Township shall issue bills for stormwater management
fees on an annual basis. The stormwater management fees shall be billed
on a combined property tax bill as an individual line item.
C.
Old Lycoming Township, by way of resolution, may change its billing
practices at any time with regard to developing billing forms, guidelines,
and practices not consistent with this section.
[Ord. No. 283, 1/14/2020]
1.
Failure to pay stormwater fees shall be treated the same as failure
to pay said property tax bill.
[Ord. No. 283, 1/14/2020]
1.
Floods from stormwater runoff may occur occasionally that exceed
the capacity of the stormwater system maintained and financed with
the stormwater management fee. This Part does not imply that properties
subject to stormwater management fees shall always be free from flooding
or flood damage, or that all flood-control projects to control runoff
can be constructed cost-effectively. Nothing whatsoever in this Part
shall deem Old Lycoming Township, the Board of Supervisors, the Township
Manager, or its staff liable for any damages incurred in a flood or
from adverse water quality. Further, payment of a stormwater management
fee does not relieve an owner or third party from any local, state,
or federal requirements to obtain flood insurance or other law applicable
to the lot.
[Ord. No. 283, 1/14/2020]
If any section, subsection, sentence, clause, phrase, or portion
of this Part is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision. Such holding shall
not affect the validity of the remaining portions of this Part, it
being the intent of Old Lycoming Township that this Part shall stand
on its own merit.
