[HISTORY: Adopted by the Borough Council of the Borough of
Greenville 4-11-2016 by Ord. No. 1559. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 471.
This chapter shall be known and may be cited as the "Borough
of Greenville Stormwater Management Program and User Fee Ordinance."
A.
The Borough of Greenville incurs costs to maintain an extensive public
stormwater system. The Borough's stormwater system includes underground
pipes, conduits, inlets, outfalls, culverts, catch basins, dams, flood
controls structures, gutters, ditches, channels, detention ponds,
public best management practices, public streets, curbs, conveyances,
appurtenances and drains (collectively, the "stormwater management
system").
B.
A comprehensive program of stormwater management is fundamental to
the public health, safety, welfare and the protection of the residents
of the Borough of Greenville, their property, resources and the environment
in order to control items such as flooding, erosion and pollution.
C.
Federal and state regulations (including those found at 40 CFR Part 122) require the Borough of Greenville to implement and properly maintain a program of stormwater controls. In compliance with such federal and state regulations, the Borough enacted a Stormwater Management Ordinance, Chapter 471, by Ordinance No. 1503, on June 14, 2011.
D.
In an urban environment such as the Borough of Greenville, each property
uses or is in some fashion connected with, serviced by or benefited
by the public stormwater management system.
E.
Impervious surface is a primary characteristic of a property's
generation of stormwater and usage of the stormwater management system.
F.
The Borough of Greenville desires to establish fair and equitable
user charges to assure that each lot, developed parcel, building,
and recipient of services within the Borough of Greenville will pay
its proportionate share of the costs of operation, maintenance, repair,
regulatory compliance, administration, replacement and improvement
related to the stormwater management system and stormwater services
provided or paid for by the Borough of Greenville.
G.
The charges as determined herein are fair and equitable and are based
upon the following:
(1)
A minimum fee per residential unit is reasonable.
(2)
The basis for the equivalent single-family detached residential unit
is 3,122.83 square feet of impervious surface was based on a statistical
sampling of properties in the Borough of Greenville.
(3)
The requirement that a property have a minimum 500 square feet of
impervious surface to be assessed a fee is reasonable based on the
use of aerial photography to determine impervious surface.
(4)
The use of aerial photography and geographic information systems
(GIS) analysis provides an accurate measurement for impervious surface.
(5)
The standard charge for single-family detached dwellings (defined
herein as residential) is based on the fact that there is not a great
deal of variation in size and that on larger commercial, institutional
properties and non-single-family detached properties (defined herein
as nonresidential), the opportunity to control runoff in a meaningful
way does exist and should be encouraged and acknowledged.
A.
Words and terms used in this chapter and not given a specific definition
shall be defined as set forth in applicable statutes of the Commonwealth
of Pennsylvania or ordinances of the Borough of Greenville, if any,
and shall otherwise be given their ordinary and common meaning.
B.
DEVELOPED PARCEL
EQUIVALENT RESIDENTIAL UNIT (ERU)
IMPERVIOUS SURFACE
LATE/NONPAYMENT
LOT
MULTIFAMILY HOUSE
NONRESIDENTIAL
OPERATION AND MAINTENANCE
OWNER
REPLACEMENT
RESIDENTIAL
STORMWATER
STORMWATER MANAGEMENT SYSTEM
UNDEVELOPED PARCEL
USER
USER FEE
For purposes of this chapter, the following words and terms shall
be defined as set forth below:
A parcel altered from a natural state that contains impervious
surface equal to greater than 500 feet.
The measure of impervious ground cover for a typical detached
residential property used in assessing the fees for each parcel of
developed property, and which has been determined to be 3,122.83 square
feet.
A surface that prevents the infiltration of water into the
ground. Impervious surface (or area) includes, but is not limited
to: roofs, additional outdoor living spaces, patios, garages, storage
sheds and similar structures, parking or driveway areas, and any private
streets and sidewalks. Any travel or parking areas proposed to initially
be gravel or crushed stone without a sealed engineering design for
infiltration shall be assumed to be impervious surfaces.
Payments not made within 30 days of the due date of the assessed
user fee.
A parcel of land that has in excess of 500 feet of impervious
surface in the Borough.
A building having three or more dwelling units and designed
to be used or occupied as a residence by three or more families living
independently of each other and each with its own exterior entrance
door or own entrance door from an interior hallway.
Any developed parcel not fitting the definition of "residential"
as defined herein. "Nonresidential" shall include, but not be limited
to, attached single-family houses, multifamily houses, townhouses
and condominiums, boarding houses, hotels and motels, churches, industrial
properties, commercial properties, manufactured home or mobile home
parks sharing a common lot, commercial and office buildings, storage
areas, parking lots and other impervious areas, parks, recreation
properties, public and private schools and universities, hospitals
and convalescent centers, office buildings, government properties,
and mixed-use properties.
The associated costs of equipment and facilities, energy,
manpower, materials, transportation and services required to collect,
convey, detain, pump and transport stormwater, keep equipment, infrastructure,
and facilities functioning satisfactory and economically, and administer
the stormwater management system and shall include sums paid to defray
costs of the Borough of Greenville's improvements to the stormwater
management system.
Any person, firm, corporation, individual, partnership, trust,
company, association, government agency, society or group owning real
property in the Borough of Greenville.
The associated costs of obtaining and installing equipment,
infrastructure, accessories or appurtenances which are necessary during
the service life of the stormwater management system so as to maintain
the capacity and performance for which said system was designed and
constructed and shall include costs associated with improvements to
the stormwater management system.
A developed parcel containing one structure which contains
one or more rooms with a bathroom and kitchen facilities designed
for occupancy by one family and shall include single-family houses,
single-family units, manufactured homes, and mobile homes located
on individual lots or parcels of lands. Developed parcels may be classified
as "residential" despite the presence of incidental structures associated
with residential uses such as garages, carports or small storage buildings.
"Residential" shall not include developed land containing: structures
used primarily for nonresidential purposes; manufactured homes and
mobile homes located within manufactured home or mobile home parks;
or other multiple-unit residential properties such as apartments,
condominiums and townhouses.
Water from a rain or snowfall event that flows across the
land and eventually into rivers, creeks, lakes, ditches and canals
resulting in debris, sediment, pollutants, bacteria and nutrients
from sidewalks, streets, parking lots, and other impervious surfaces
washing into gutters, through storm drains, and eventually flowing
into creeks and rivers.
The system of collection and conveyance, including underground
pipes, conduits, inlets, outfalls, culverts, catch basins, dams, flood
controls structures, gutters, ditches, channels, detention ponds,
public best management practices, 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.
A parcel that does not meet the definition of "developed
parcel."
Any person, firm, corporation, individual, partnership, company,
association, government agency, society or group using, benefiting
from or being served by the public stormwater management system.
Sums assessed, imposed and to be collected from each developed
lot, parcel, building or portion thereof which uses, benefits from
or is serviced by the stormwater management system or which discharges
stormwater, directly or indirectly, into the public stormwater management
system, for the use of and the service rendered and improvement of
such system.
A.
Primary authority. The Borough of Greenville is empowered to regulate
these activities by the authority of the Act of October 4, 1978, P.L.
864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the
Stormwater Management Act.
B.
Secondary authority. The Borough of Greenville is also empowered
to regulate land use activities that affect stormwater runoff and
stormwater management systems by the authority of the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, as amended.[1] See also Environmental Protection Agency, Region III,
Funding Stormwater Programs, January 2008, EPA 833-F-07-012.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
For the use of, benefit by and the services rendered by the
stormwater management system, including its operation, maintenance,
repair, replacement and improvement of said system and all other expenses,
user fees are hereby imposed upon every developed lot, parcel of land,
building or portion thereof that is in the Borough of Greenville's
stormwater management system, either directly or indirectly, and upon
the owner(s) of such developed lots, parcels of land or buildings.
Such user fees shall be payable to the Borough of Greenville by and
collected from the owners of such developed lots, parcels of land
or building as hereinafter provided, and shall be determined as set
forth below.
A.
Single-family detached residential dwellings shall be charged for
one ERU for each individual dwelling unit. The charge per ERU shall
be set by Resolution of the Borough Council and may be amended from
time to time. Beginning January 1,2016, and each January 1 thereafter,
the charge per ERU will be adjusted annually by resolution as determined
by Borough Council. The initial year's fee shall be prorated
for the portion of the calendar year that begins on the first day
of the month that follows the adoption of this chapter.
B.
The charge for all other developed nonresidential parcels within
the Borough of Greenville shall be based upon the number of square
feet of measured impervious surface, as determined through aerial
photography and surface feature evaluation processes, expressed in
whole or partial ERUs by rounding to the next highest whole number
at or above 0.5; values less than 0.5 shall be rounded down. The charge
for said properties shall be computed by multiplying the number of
ERUs for a given parcel by the unit rate established by the Borough
of Greenville by Resolution. In no event shall any such parcel be
charges less than one ERU.
C.
Public streets shall be exempt from user fees under the article.
User fees shall be assessed, imposed, liened and collected as
to all owners, lots, parcels, buildings, units and users.
Reference in this chapter to "use," "user," "unit" or "portion"
of a lot, parcel or building with respect to the calculation and assessment
of user fees, shall not be construed to modify or alter the fact that
the fees imposed by the article are assessed to the owners of each
developed lot, parcel and building; and such owner shall be and remain
liable for payment of the same, whether or not such owner occupies
the property or directly uses the stormwater management system. Nothing
in this chapter shall be construed to prohibit or limit an owner's
ability to collect by lease or contract sums due by a tenant or other
occupiers of the owner's property, but such lease or contract
shall not bind the Borough of Greenville or limit in any way the Borough
of Greenville's authority to impose, assess, lien and collect
stormwater user fees.
The user fees fixed and established by this chapter shall be effective present and subsequent as to all lots, parcels, buildings or portions thereof that have in excess of 500 feet of impervious surface in the Borough of Greenville. The first billing pursuant to this chapter shall be on or about 30 days after adoption of this chapter and shall be prorated for the remaining portion of the calendar year as described in § 473-5A. Thereafter, for all subsequent calendar years, user fees imposed by this chapter shall be assessed and billed by the Borough of Greenville (or its designee) effective as of January 1 each calendar year. Nonresidential property owners may request to pay on a quarterly basis at face amount of the bill based upon a schedule designated by the Borough Manager or his designee, on a case-by-case basis.
A penalty of 5% of the user fees will be assessed for late/nonpayment
of user fees and shall be compounded on a monthly basis.
Interest at the rate of 10% per year shall accrue and be added
to all original amounts of user fees plus penalty remaining unpaid
at the end of the quarter in which the same were first imposed and
assessed, and shall continue to accrue until the full amount of such
user fees plus penalty is paid in full.
In accordance with the Municipal Claims Act, 53 P.S. § 7101
et seq. (as amended), all rates, charges, penalties, interest, collection
fees, lien filing, attorney fees, satisfaction fees, and other charges
imposed for failure to pay promptly shall constitute a lien upon and
against the subject property and its owner from the date of their
imposition and assessment.
[Added 1-9-2017 by Ord. No. 1569]
Any property owner who fails to comply with the provisions of
this chapter, or who knowingly remits any false or fraudulent information,
shall, by said conduct, violate the provisions of this chapter, and
shall upon conviction be subject to a fine of not less than $50 and
not more than $1,000; and, in default of payment of said fines and
costs, shall be subject to a term of imprisonment of not to exceed
30 days. Each thirty-day period subsequent to a required filing date
in which a property owner shall fail to comply with this chapter shall
constitute a separate offense.
The Borough may establish, by way of resolution, a credit policy
and develop a manual documenting the credit process. Credits against
user fees are an appropriate means of adjusting user fees and, under
some circumstances, to account for applicable mitigation measures.
Upon adoption by Council, credit mechanisms shall be incorporated
herein as the Borough of Greenville stormwater user fee credit manual,
which may be updated or revised as needed in Council's discretion.
No exception, credit, offset, or other reduction in user fees shall
be granted based on age, race, tax status, economic status, income
level, or religion of the customer, or other condition unrelated to
the demand for and cost of services provided by the Borough of Greenville.
The Borough may establish, by way of resolution, a Green Infrastructure
Grant Program for nonresidential properties and develop a manual documenting
the grant program. The grant program is an appropriate means of utilizing
user fees to assist owners of nonresidential properties to construct
mitigation measures that reduce the volume and rate of stormwater
discharged into the Borough's stormwater management system. Upon
adoption by Council, the Green Infrastructure Grant Program may be
updated or revised annually as needed in Council's discretion.
Any owner who believes the provisions of this chapter have been
applied in error may appeal in the following manner and sequence:
A.
An appeal of the rate and charge must be filed in writing with the
Borough manager or his/her designee on or before May 30 of the calendar
year the charge is mailed or delivered to the property owner (or within
three months after the first year billing during the initial year
of the user fee established by this chapter). Any appeal must state
the reasons for the appeal.
B.
Using information provided by the appellant, the Borough Manager
(or his/her designee) shall conduct a technical review of the conditions
of the property and respond to the appeal in writing within 30 days.
In response to an appeal, the Borough Manager may adjust the user
fees applicable to the property in accordance with the provision of
this chapter and related policies and procedures.
C.
Any person aggrieved by the decision of the Borough Manager, relevant
to the provisions of this chapter, may appeal to the Greenville Borough
Code Board of Appeals in accordance with the procedures established
for appeals by the Borough. The Board of Appeals is empowered to sustain,
withdraw, or modify the decision of the Borough Manager. To file an
appeal the following procedure shall be followed:
(1)
The appeal shall be mailed via first-class mail, unless otherwise
agreed upon, within 30 calendar days upon issuance of the written
decision of the Borough Manager.
(2)
A written request for appeal shall be filed with the Borough Manager.
The appeal request shall include any relevant materials for the appeal,
including the written decision of the Borough Manager and all applicable
fees.
(3)
The fees for appeals under this chapter may be revised from time
to time by resolution of Borough Council.
(4)
The hearing shall be scheduled and conducted within 30 calendar days
of the receipt of the appellant's request unless both parties agree
in writing to an extension of time.
(5)
The Board of Appeals hearing shall be advertised in accordance with
the Borough Code and the Borough shall notify the property owner or
person in charge in writing by first-class mail at least 10 business
days prior to the hearing date.
(6)
If the property owner or designee is unable to attend the scheduled
meeting of the Board of Appeals, a written request for continuance
shall be submitted to the Borough, detailing why the hearing should
not be held as scheduled, and when the property owner or designee
would be able to attend.
(7)
The decision of the Board of Appeals shall be made, in conformance
with the Borough Code, within 15 business days after the close of
evidence, and shall be forwarded by certified mail to the property
owner or designee and the Borough Manager.
D.
Any party aggrieved by the decision of the Code Board of Appeals
may appeal to the Mercer County Court of Common Pleas within 30 days
of issuance of such written decision.
A.
The Borough of Greenville may by resolution adopt such policies and
procedures as it deems appropriate to ensure collection of fees and
charges assessed and imposed pursuant to this chapter. Without limitation,
collection procedures may include referral of delinquent accounts
to a collection agency; filing of liens; municipal lien proceedings
to collect filed liens; attorney's fees; and any and all other measures
or combination thereof which the Borough may deem appropriate.
B.
All costs of such collection procedures, including but not limited
to fees for filing, perpetuation and satisfaction of liens, collection
fees, attorney's fees, court costs, litigation expense, and charges
for service of documents shall, upon being incurred by the Borough
of Greenville, be imposed as a charge for nonpayment and added to
the balance due on the owner's obligation.
C.
No lien shall be satisfied, nor shall any collection proceeding be
discontinued, until all amounts due on an account, including user
fees, penalties, interest, collection fees, attorney's fees,
court costs and other charges are paid in full to the Borough of Greenville
in the discretion of the Borough.
D.
Council is authorized to adopt any policy or procedures that the
Borough Manager recommends and deems necessary or convenient to interpret
or implement this chapter. This may include the creation of an advisory
rate review and/or stormwater advisory review committee.
The funds received from the collection of the user fees authorized
by this chapter shall be deposited into the Borough of Greenville
Stormwater Fund, a fund and account dedicated exclusively to the operation,
administration, maintenance, repair and improvement of the stormwater
management system.
Nothing in this chapter or in the design, operation or maintenance
of the stormwater management system shall be deemed to constitute
a warranty, express or implied, nor shall it afford the basis for
any action seeking the imposition of money damages against the Borough
of Greenville, its officers, employees or agents. The Borough of Greenville
expressly reserves the right to assert all available immunities and
defenses in any action seeking to impose monetary damages upon the
Borough of Greenville, its officers, employees and agents arising
out of any alleged failure or breach of duty or relationship as may
now exist or hereafter be created.
That nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired or liability incurred or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 473-4 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The provisions of this chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
This chapter shall be incorporated in the Greenville Borough
Code of Ordinances and all other ordinances or parts thereof inconsistent
with the provisions of this chapter shall be and are hereby repealed.
This chapter shall become effective in accordance with law,
upon approval of Greenville Borough Council, Mercer County, Pennsylvania
on the April 11, 2016.
