This chapter shall be known as "the Borough of West Chester's
Stream Protection Fee Ordinance."
The Borough Council finds that:
A. The Borough of West Chester owns, operates, and maintains stormwater
management facilities and infrastructure.
B. The Borough currently incurs costs to operate and maintain the stormwater
management facilities and infrastructure, much of which was constructed
over 100 years ago.
C. The collection and conveyance system for stormwater includes underground
pipes, inlets, catch basins, culverts, streets, curbs and drains.
D. A comprehensive program of stormwater management is fundamental to
the public health, safety, and general welfare of the residents of
the Borough.
E. The Borough must adhere to increased regulatory requirements for
managing the quantity and quality of stormwater runoff.
F. Inadequate management of accelerated stormwater runoff increases
flooding, contributes to erosion and sedimentation, overtaxes the
capacity of surface streams and storm sewers, greatly increases the
cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces infiltration and groundwater recharge,
increases nonpoint source pollution to waterways, reduces ecological
health of the stream biota, and threatens public health and safety.
G. Inadequate planning and management of stormwater runoff resulting
from land disturbance and development throughout a watershed can harm
surface water resources by changing the natural hydrologic patterns,
accelerating stream flows (which increase scour and erosion of stream
beds and stream banks, thereby elevating sedimentation), destroying
aquatic habitat, and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals, and pathogens.
H. Groundwater resources are also impacted through loss of recharge
associated with the increased impervious area resulting from land
development and redevelopment.
I. Stormwater is an important water resource that provides infiltration
and groundwater recharge for water supplies and baseflow of streams,
which also protects and maintains surface water quality.
J. Impacts from stormwater runoff can be minimized by reducing the volume
of stormwater generated and by using project designs that maintain
the natural hydrologic regime and sustain high water quality, infiltration,
stream baseflow, and aquatic ecosystems.
K. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
L. Federal and state regulations require the Borough to implement a
program of stormwater controls. The Borough is required to obtain
a permit and comply with its provisions for stormwater discharges
from its Municipal Separate Storm Sewer System (MS4) under the National
Pollutant Discharge Elimination System (NPDES).
M. Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the Commonwealth.
N. The Borough's streams have been designated as impaired by PADEP
and the Borough is required to control the discharge of certain pollutants
into the streams through a total daily maximum load. Specifically,
the following pollutant reduction requirements have been placed on
the Borough (Source: Draft MS4 Requirements Table revised 6-5-2016):
|
Impaired Downstream Waters or Applicable TMDL Name
|
Cause of Impairment
|
Requirement
|
---|
|
Chester Creek
|
Cause Unknown (5), flow alterations, water/flow variability
(4c)
|
Pathogens, siltation
|
|
Goose Creek TMDL
|
Cause unknown (4a)
|
Nutrients
|
|
Plum Run
|
Water/flow variability (4c)
|
Siltation
|
|
Taylor Run
|
Cause unknown (4a), other habitat alterations (4c)
|
Siltation
|
|
Brandywine Creek
|
n/a
|
Siltation
|
|
Blackhorse Run
|
Other habitat alterations, water/flow variability (4c)
|
Siltation
|
O. On December 9, 2013 and February 10, 2014, the Stormwater Management
Assessment Advisory Committee, hereinafter referred to as "SWMAC,"
presented a report to the Borough Council on "Stormwater Management
Assessment Fee Policy Options and Recommendations," which report summarized
the Borough's stormwater program needs and policy options for
funding those program needs.
P. The SWMAC worked with Borough staff to define those program needs,
level of service and costs, and evaluated alternative funding options
that support the need for a dedicated funding source and recommended
creation of an impervious area based fee, referred to as the "stream
protection fee," or hereinafter referred to as the "fee," that would
be paid by all owners of properties in the Borough in direct proportion
to the amount of impervious area that is on their property using a
system of tiers as presented in this chapter. In addition, the SWMAC
recommended that the Borough establish a system of credits to incentivize
property owners to build and maintain stormwater management systems
on their property, and therefore reduce their fee.
The Borough is empowered to regulate and manage stormwater within
the Borough by the following acts and laws:
A. The Act of October 4, 1978, P.L. 864 (Act 167) 32 P.S. Section 680.1
et seq., as amended, the "Storm Water Management Act";
B. The Clean Water Act, 33 U.S. § 1251 et seq.;
C. Pa. Clean Streams Law, 35 P.S. § 691.1 et seq.; and
D. The Borough's Home Rule Charter.
For the purposes of this chapter, certain terms and words used
herein shall be interpreted as follows:
A. Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B. The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C. The word "person" includes an individual, partnership, public or
private association or corporation, firm, trust, estate, Borough,
governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any section prescribing or imposing a penalty, the term "person"
shall include the members of a partnership, the officers, members,
servants and agents of an association, officers, agents and servants
of a corporation, and the officers of a Borough.
D. The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E. The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
F. The definitions in this chapter are for the purposes of enforcing
the provisions of this chapter and have no bearing on other municipal
regulations or ordinances.
BASE RATE
The dollar rate per base unit per month calculated by the
Director, and adopted by the Borough Council from time to time by
resolution.
BASE UNIT
One thousand square feet of impervious surface.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from Regulated Activities, to provide
water quality treatment, infiltration, volume reduction, and/or peak
rate control, to promote groundwater recharge, and to otherwise meet
the purposes of this chapter. Stormwater BMPs are commonly grouped
into one of two broad categories or measures: "structural" or "nonstructural."
In this chapter, nonstructural BMPs or measures refer to operational
and/or behavior-related practices that attempt to minimize the contact
of pollutants with stormwater runoff, whereas structural BMPs or measures
are those that consist of a physical device or practice that is installed
to capture and treat stormwater runoff. Structural BMPs include, but
are not limited to, a wide variety of practices and devices from large-scale
retention ponds and constructed wetlands to small-scale underground
treatment systems, infiltration facilities, filter strips, low impact
design, bioretention, wet ponds, permeable paving, grassed swales,
riparian or forested buffers, sand filters, detention basins, and
manufactured devices. Structural stormwater BMPs are permanent appurtenances
to the site.
CONDOMINIUM PROPERTY
A property subject to a condominium regime established under
the Pennsylvania Uniform Condominium Act.
CUSTOMER
Any property owner of a property in the Borough.
DEPARTMENT
The Borough's Department of Public Works.
DESIGN MANUAL
The 2006 Pennsylvania Stormwater Best Management Practices
Manual, as revised from time to time, which serves as the official
guide for stormwater management principles, methods, and practices
in Pennsylvania.
DEVELOPED
Property where manmade changes have been made which add impervious
surfaces to the property, which changes may include, but are not limited
to, buildings or other structures for which a building permit must
be obtained under the requirements of the Pennsylvania Building Code
and this Code, mining, dredging, filling, grading, paving, excavation
or drilling operations, or the storage of equipment or materials.
DEVELOPMENT
A project that consists of subdividing land or adding buildings
and other improvements to individual parcels of land.
DIRECTOR
The Director of the Department of Public Works of West Chester
Borough or the Director's designee.
DRAINAGE AREA
That land area contributing runoff to a single point, including,
but not limited to, the point/line of interest used for hydrologic
and hydraulic calculations, and that is enclosed by a natural or man-made
ridge line.
GREEN INFRASTRUCTURE (GI)
Small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of development on water resources.
Methods to design GI practices are specified in the Design Manual.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including, but not limited to, structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, decks, swimming pools,
tennis or other paved courts; or athletic playfields comprised of
synthetic turf materials. For the purposes of determining compliance
with this chapter, highly compacted soils or stone surfaces used for
vehicle parking and movement shall be considered impervious. Surfaces
that were designed to allow infiltration (i.e., areas of porous pavement)
will be considered on a case-by-case basis by the Borough Engineer,
based on appropriate documentation and condition of the material,
etc.
INFILTRATION
The passage or movement of water into the soil surface.
NPDES
National Pollutant Discharge Elimination System, the Federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to PADEP in Pennsylvania.
PADEP
Pennsylvania Department of Environmental Protection.
PROPERTY
Each and every parcel of real estate located within West
Chester Borough.
PROPERTY MANAGER
A person, company or other entity hired by a property owner
to manage a Property.
PROPERTY OWNER
The owner of record for a given property within the Borough,
as registered in the Office of the Recorder of Deeds for Chester County,
Pennsylvania.
STORMWATER
Water that originates from precipitation.
STORMWATER MANAGEMENT
The collection, conveyance, storage, treatment, and control
of stormwater as needed to reduce accelerated stream channel erosion,
flood damages and water pollution.
STORMWATER MANAGEMENT FACILITY
An infiltration device, filtering device, stormwater pond,
stormwater wetland, hydrodynamic structure, or other practice designed
and constructed to control stormwater to reduce accelerated stream
channel erosion and pollution of surface waters. A stormwater management
facility does not include environmental site design practices or any
nonstructural stormwater management systems.
STORMWATER MANAGEMENT FUND
The fund established from the collection of the Stream Protection
Fees authorized pursuant to this chapter.
STORMWATER MANAGEMENT SYSTEM
The system of collection and conveyance, including underground
pipes, conduits, mains, inlets, culverts, catch basins, gutters, ditches,
manholes, outfalls, dams, flood control structures, natural areas,
structural and non-structural stormwater best management practices,
channels, detention ponds, public streets, curbs, drains and all devices,
appliances, appurtenances and facilities appurtenant thereto used
for collecting, conducting, pumping, conveying, detaining, discharging
and/or treating stormwater.
STREAM PROTECTION FEE (SPF)
An assessment levied by the Borough to cover the cost of
constructing, operating, and maintaining stormwater management facilities
and to fund expenses related to the Borough's compliance with
PADEP NPDES permit requirements under applicable state law based on
the impact of stormwater runoff from impervious areas of developed
land in the Borough.
STRUCTURAL MAINTENANCE
The inspection, construction, reconstruction, modification,
repair, and cleaning of any part of a stormwater management facility
undertaken to assure that the facility remains in the proper working
condition to serve its intended purpose and prevent failure. Structural
maintenance does not include landscaping, grass cutting, or trash
removal.
UNDEVELOPED LAND
Any land that has not been altered from its natural state
and which contains no impervious surfaces, or, if previously developed,
land that has been allowed to return to its natural state with no
impervious surfaces.
WATERSHED
The total drainage area contributing runoff to a single point.
The Borough Council or the Director may promulgate policies
and procedures, appeal applications and other forms relating to the
interpretation, enforcement and application of the provisions of this
chapter.