[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 12-5-2016 by Ord.
No. 4-2016. Amendments noted where applicable.]
The foregoing recitals of this chapter set forth above are incorporated
herein by reference.[1]
[1]
Editor's Note: Said recitals are fully set forth in Ord.
No. 4-2016, a copy of which is on file in the Borough offices.
The public stormwater management facilities, sewers, and drains
(the "stormwater facilities") that shall be constructed within the
Borough shall be owned and/or managed by the Borough, and the same
shall be periodically maintained by the Borough, by or under the supervision
and coordination of the Borough Engineer and the Borough Manager.
A.Â
A stormwater assessment (the "stormwater assessment") for and regarding
the construction, maintenance, and operation of the stormwater facilities
is hereby imposed upon all owners of real estate located within the
Borough for each dwelling, business, educational, industrial, and
commercial unit situated upon said real estate of such property owner.
Such assessment shall be imposed as follows:
(1)Â
The stormwater assessment for one ERU shall initially be set at a
rate of $30.50 per quarter.
(2)Â
Each SFR parcel shall initially be charged a user fee of one ERU
through a quarterly billing process.
(3)Â
All nonresidential properties shall be billed on a quarterly basis based upon the number of square feet of measured impervious surface, as determined through aerial photography and surface feature evaluation processes, with one ERU equaling 3,586 square feet of impervious area. The charge for said properties shall be computed by multiplying the number of ERUs for a given parcel by the unit rate as set forth in Subsection A(1) above. All partial ERUs will be rounded to the nearest whole number for billing purposes. In no event shall any such parcel be charged less than one ERU.
B.Â
The rates for said stormwater assessment may hereafter be changed
and set by resolution duly adopted by the Spring Grove Borough Council.
The stormwater assessment imposed by this chapter shall be payable
on a quarterly basis, due 15 days from the date of the invoice. In
the event any of the preceding dates fall on a weekend or a federally
recognized holiday, said payment shall be due on the first business
day following such weekend or legal holiday.
The following terms as used in this chapter shall have the following
meanings:
Methods, procedures and analyses specified in the Pennsylvania
Stormwater Best Management Practices Manual to reduce flooding potential
and control the volume, flow rate and water quality of stormwater.
A parcel altered from a natural state that contains impervious
surface equal to or greater than 300 square feet. Excludes Spring
Grove Borough-owned properties, public roads, common area parcels
(i.e., parcels without dwelling units) owned by homeowner associations,
and land under initial development prior to issuance of a certificate
of occupancy; however, a parcel undergoing initial development that
does not receive a certificate of occupancy within three years from
start of construction will be considered a developed parcel.
The measure of impervious ground cover for a typical single-family
detached residential property used in assessing the fees for each
parcel of developed property, and which has been determined to be
3,586 square feet.
A surface that prevents or impedes the infiltration of water
into the ground. Impervious surfaces include, but are not limited
to, streets, sidewalks, pavements, driveway areas, and roofs. Any
surface areas designed to be gravel or crushed stone shall be regarded
as impervious surfaces. The water surface area of a swimming pool
is not included as impervious surface.
All developed parcels other than single-family residential
properties, as described below, including multifamily properties such
as apartments, mobile home parks, commercial, institutional, governmental
and industrial parcels.
Any person, firm, corporation, individual, partnership, company,
association, organization, society or group owning real property in
Spring Grove Borough.
A discrete identification number for each lot, parcel, building
or other structure within Spring Grove Borough.
Developed parcels containing single-family residential homes,
attached homes, townhouses, condominiums, duplexes and row homes.
Developed parcels may be classified as "SFR" despite the presence
of incidental structures associated with residential uses such as
garages, carports or small storage buildings. "SFR" shall not include
developed parcels containing: 1) structures used primarily for nonresidential
purposes, 2) mobile homes located within mobile home parks, 3) apartment
buildings or agricultural properties (Land Use Code 112). A developed
parcel which does not contain a dwelling unit (e.g., it contains a
garage, shed, driveway, parking area or other impervious area) will
be classified as SFR if the parcel is zoned as a residential parcel.
Runoff water from all precipitation events, snowmelts and
springs.
The system of runoff avoidance, infiltration, collection
and conveyance, including storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, manholes, ditches, channels, basins
and detention ponds, 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,
which is owned by the Borough of Spring Grove.
A separate stormwater fund has been created. All stormwater
assessments received by the Borough shall be deposited into this stormwater
fund. The Borough Council is hereby authorized to budget and appropriate
money for this stormwater fund if it deems the same appropriate. Any
money so appropriated shall be deposited in this stormwater fund.
All money deposited into this stormwater fund shall be invested and
administered, and shall be used only for the construction, maintenance,
and operation of the stormwater facilities, and for the purposes of
acquiring or replacing equipment, machinery, and the like for the
same purposes. Expenditures from this stormwater fund for the aforementioned
purposes may be made only upon action duly authorized at a public
meeting of the Borough Council.
Every owner of real estate situate within the Borough shall
provide to the Borough with, and thereafter shall keep the Borough
advised of, his/her/its correct mailing address. Failure of any person
to receive bills for the stormwater assessment imposed by this chapter
shall not be considered an excuse or basis of nonpayment of the stormwater
assessment, nor shall such failure result in an extension of the period
of time during which said bills shall be payable at the face amount
thereof.
The stormwater assessment imposed by this chapter shall be a
lien, as and from January 1 of the year for which it is imposed, against
and upon the real estate upon which is situate the dwelling, business,
educational, industrial, or commercial unit for which the stormwater
assessment is imposed. Each owner of a dwelling unit or a business,
educational, industrial, or commercial unit upon which the stormwater
assessment is imposed shall pay the stormwater assessment within 15
days of the date of the bill for such stormwater assessment. If the
stormwater assessment is not paid within the aforementioned 15 days,
then on the 16th day after the billing date, a penalty of 10% of such
stormwater assessment shall be imposed and added thereto, and shall
be paid by the owner or reputed owner of the unit for which the stormwater
assessment was billed. The Borough may also file a Municipal Claim
pursuant to Pennsylvania's Municipal Claims and Tax Liens Law,
53 P.S. § 7101 et seq., upon the real estate on which is
situate the unit for which the stormwater assessment is imposed, together
with all attorney's fees incurred in the collection or enforcement
thereof as permitted by law.
Credits for onsite structural and nonstructural activities which
reduce and manage stormwater runoff including detention, retention,
or infiltration of water and recharge of the aquifer and thereby avoid
or minimize public construction, operation, repair and maintenance
of facilities and services shall be in accordance with a written policy
to be adopted by resolution by the Borough Council of Spring Grove.
Floods from stormwater may occur occasionally that exceed the
capacity of the stormwater management system maintained and financed
with the stormwater assessment. Nothing in this chapter shall be deemed
to imply that properties subject to charges 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 Borough
of Spring Grove liable for any damages incurred from stormwater or
from adverse water quality. Nothing in this chapter purports to reduce
the need or necessity for flood insurance and Spring Grove Borough
expressly reserves the right to assert all available immunities and
defenses in any action seeking to impose monetary damages upon Spring
Grove Borough, their officers, employees and agents arising out of
any alleged failure or breach of duty with respect to the stormwater
management system.
This chapter shall be and become effective on January 1, 2017.
