[Added 10-24-2018 by Ord.
No. 5657]
This article shall be known and may be cited as the "City of
Easton Stormwater Management User Fee Ordinance."
The City of Easton makes the following findings:
A.
The stormwater management needs of Easton have been identified. More
effective stormwater management in Easton contributes to the health,
safety and welfare of the residents.
B.
The City's stormwater facilities, infrastructure, and management
activities provide services and benefits to all users of the City's
stormwater management system, including properties, property owners,
residents and citizens of Easton.
C.
Inadequate management of accelerated stormwater runoff throughout
a watershed increases flood flows and velocities, contributes to erosion
and sedimentation, overtaxes the carrying capacity of existing streams
and storm sewers, increases the cost of public facilities to convey
and manage stormwater, reduces groundwater recharge, and threatens
public health and safety.
D.
Inadequate planning and management of stormwater runoff throughout
a watershed can harm surface water resources by changing the natural
hydrologic patterns, accelerating stream flows (which increased scour
and erosion of stream beds and streambanks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediment, nutrients, heavy metals, and pathogens.
E.
Accelerated runoff of stormwater impacts groundwater resources through
loss of recharge. 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.
F.
A comprehensive program of stormwater management is fundamental to
the public health, safety, welfare and the protection of the residents
of Easton, private property, public infrastructure, and the environment.
G.
In order to establish, operate and maintain the stormwater infrastructure
of Easton, to insure the future usefulness of the existing system
through additions and improvements, and provide other services associated
with stormwater and watershed management, sufficient and stable funding
is required for system operation and capital investments.
H.
Federal and state regulations, including those found at 40 CFR Part
122, require Easton to implement a program of stormwater controls.
Easton is required to maintain compliance with a permit for stormwater
discharges from their separate storm sewer system under the National
Pollutant Discharge Elimination System (NPDES). PADEP has added to
this program a standard that permittees implement a Pollutant Reduction
Plan focused on reducing the discharge of sediment from the City to
surface water.
I.
Easton desires to establish fair and equitable user charges to assure
that each developed property and recipient of services within Easton
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 Easton.
J.
The charges as determined herein are fair and equitable and are based
upon the following facts:
(1)
A minimum fee per residential unit is reasonable;
(2)
The equivalent residential billing unit of 1,797 square feet
of impervious surface was based on a statistical sampling of SFR properties
in Easton;
(3)
A developed parcel is defined as having at least 500 square
feet of impervious surface based on the measurement using geographical
information tools including aerial photography;
(4)
The aerial photography used for the measurement of impervious
surfaces in Easton is of sufficient detail and resolution as the basis
for calculating billing units for parcels within the City;
(5)
The standard charge for single-family dwellings is based on
minimal variation in amount of impervious area from parcel to parcel;
and
(6)
For nonresidential properties, the opportunity to control runoff
in a meaningful way typically does exist and should be encouraged
and acknowledged.
A.
Words used in the present tense include the future; words in the
masculine gender include the feminine and the neuter; the singular
number includes the plural, and the plural the singular.
B.
The word "shall" or "must" is always mandatory; the word "may" is
permissive; the words "used for" includes "designed for," "arranged
for," "intended for," "maintained for," or "occupied for." The word
"building" includes "structure" and shall be construed as if followed
by the phrase "or part thereof." The word "person" includes "individual,"
"profit or nonprofit organization," "partnership," "company," "unincorporated
association," "corporation" or other similar entities.
C.
When terms, phrases or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
D.
DEVELOPED PARCEL
EQUIVALENT RESIDENTIAL UNIT (ERU)
ERU RATE
GROUP PARCEL
IMPERVIOUS SURFACE
NON-SINGLE-FAMILY RESIDENTIAL (NSFR) PARCEL
OWNER
SINGLE-FAMILY RESIDENTIAL (SFR) PARCEL
STORMWATER
STORMWATER MANAGEMENT PROGRAM
STORMWATER MANAGEMENT SYSTEM
UNDEVELOPED PARCEL
USER
As used in this article, except where the context clearly indicates
otherwise, the following words or phrases shall have the meanings
indicated as follows:
A parcel that contains impervious surface equal to or greater
than 500 square feet.
The measure of the median impervious area on a single-family
residential (SFR) property, and which has been determined by statistical
analysis to be 1,797 square feet. An ERU is one billing unit and serves
as the billing unit for all parcels.
The stormwater fee applied to each billing unit, or 1,797
square feet of impervious surface. As stated in this resolution, the
ERU rate can be changed by resolution by City Council.
A parcel that includes a building or group of buildings in
which dwelling units, offices or floor area are owned individually
and the structure, common areas, and facilities are owned in common
by all the owners on a proportional, undivided basis.
Any material which prevents absorption of stormwater into
the ground, including but not limited to buildings, covered decks,
patios, driveways, walkways, swimming pools and other similar ground
cover.
Properties such as apartment complexes and common areas associated
with condominiums, commercial, institutional, governmental and industrial
parcels. Includes all developed parcels that are not single-family
residential.
Any person, firm, corporation, individual, partnership, company,
association, society or group owning real property in Easton.
Includes detached homes, semiattached homes, and townhomes.
Runoff from the surface of the land resulting from precipitation
or snow or ice melt.
The activities of the City necessary to operate, maintain,
enhance, and expand the stormwater management system and the activities
necessary to carry out the City municipal separate storm system (MS4)
permit and the stormwater-related provisions of the City code.
The system of collection and conveyance, including pipes,
conduits, mains, inlets, culverts, catch basins, gutters, ditches,
channels, detention ponds, streets, curbs, drains and all devices,
appliances and facilities appurtenant thereto used for collecting,
conducting, pumping, conveying, detaining, infiltrating, avoiding
generation of, and/or treating stormwater.
A parcel that has not been altered from a natural state that
contains impervious surface less than 500 square feet.
Any person, firm, corporation, individual, partnership, company,
association, society, or group using, benefitting from, or being served
by the Easton Stormwater Management System.
It is hereby imposed upon each and every property that is connected
with, uses, or is benefited by Easton's stormwater management
system, either directly or indirectly, a user fee for the use, benefit,
operation, maintenance, repair, replacement and improvement of the
Easton stormwater management system. Such user fees are imposed on
a monthly basis.
A.
Each SFR parcel shall be charged for one ERU at a billing rate as contained in Chapter 285, Fees.
B.
The charge for each NSFR parcel shall be based upon the number of square feet of measured impervious surface, as determined through aerial photography and surface feature evaluation processes, divided by the billing unit of 1,797 square feet (one ERU), expressed in whole ERUs by natural rounding. The charge for each NSFR parcel shall be computed by multiplying the number of ERUs for a given parcel by the ERU rate established by Easton as forth above in Subsection A. In no event shall any developed parcel pay a charge of less than one ERU.
C.
Initial impervious surface measurements are based on 2015 aerial
photography from Northampton County. Claims regarding reductions in
impervious surface on NSFR parcels will be reviewed and processed
by the City consistent with the City's Appeal Manual for Stormwater
Fees. Any additions of impervious surface on NSFR parcels will result
in a recalculation of ERU's and an update to the billing file
for that parcel.
D.
The City may update ERUs on NSFR parcels by measuring impervious
surface using more recent aerial photography, by data obtained from
documentation submitted to the City such as permit applications and
as-built drawing signed by a PA Registered Engineer or equivalent
professional, and by visual observation and measurement.
E.
Notwithstanding the foregoing, public streets shall be exempt from
user fees under this article.
User fees shall be assessed, liened and collected for all property,
owners, lots, parcels, building units, and users.
Reference in this article to "use," "user," or portion of a
property, lot, parcel or building with respect to the calculation
and assessment of storm sewer user fees shall not be construed to
modify or alter the fact that user fees shall be assessed and imposed
upon the property pursuant to 53 P.S. § 7106 et seq., as
amended, and the owner of each property against which stormwater user
fees are imposed and assessed under this article shall remain liable
for payment whether or not such owner occupies the property. Nothing
in this article shall be construed to prohibit or limit an owner's
ability to collect by lease or contract sums due by a tenant or other
occupier of the owner's property, but such lease or contract
shall not bind Easton or limit in any way Easton's authority
to impose, assess, lien and collect storm user fees.
The user fees fixed and established by this article shall be
effective as to all properties that use, are served, or are benefited
by the Easton stormwater management system existing as of the effective
date of this article, and shall be effective to all other properties
thereof that use, are served or benefitted by the stormwater management
system subsequent to the effective date of this article. User fees
imposed by this article shall be assessed and billed by Easton on
a monthly basis. Such assessments shall be payable at their face amount
during the 30 days next following the date on which said assessment
bill was mailed. The user fees assessed and collection will not be
subject to proration or refund by Easton in the event a property is
sold; provided, however, that this sentence shall not bind a buyer
and seller from making their own proration of any user fees assessed
hereunder.
A.
All payment of stormwater user fees as hereinafter provided which are considered delinquent shall be subject to interest and collection fees. All bills to users are payable immediately upon receipt. An account shall be considered delinquent when payment in full has not been received within 25 days of the initial date of the bill. If not paid within 25 days after the date of the bill, a late charge equivalent to 10% of the face amount of the bill shall attach and interest/penalties equivalent to 0.833% per annum of the face amount of the bill shall attach. In addition, delinquent accounts shall be subject to collection fees consisting of reasonable attorney's fees and other costs incurred by the City. In the event of continued nonpayment or failure to take steps to make payments on the delinquency in accordance with Subsection B below, the City shall take additional measures to collect the delinquency including termination of water service subject to Subsection C below. A $50 fee will be assessed if the City initiates a termination notice even if the termination does not ultimately occur. Prior to the reinstatement of water service, all delinquent City accounts, including amounts for sewer and refuse, must be paid in full.
B.
The City may enter into reasonable payment plans, at the discretion
of the Office of Finance, with owners of property unable to pay their
bills for reasons of financial hardship. Each payment plan should
be in writing, setting forth all terms and conditions of the agreement
and signed by the parties or their representatives.
C.
Service to persons or premises for which the account is delinquent
shall be subject to suspension or termination of water. Termination
of water service for delinquent accounts shall be subject to and in
accordance with Easton Suburban Water Authority Rules and Regulations.
A.
Credits against rates and charges may be an appropriate means of
adjusting user fees to account for applicable stormwater management
measures. The process to apply for and receive a determination for
a stormwater credit will be in accordance with the City of Easton
Appeal and Credit Manual for Stormwater Fees.
B.
No exception, credit, offset, or other reduction in rates and charges
shall be granted based on age, race, tax status, economic status or
religion of the property owner, or any other conditions unrelated
to the demand for and cost of services provided by the City as may
be amended by the City Administrator from time to time.
A.
Any user who believes the provisions of this article have been applied
in error may appeal the stormwater fee. The process to apply for and
receive a determination for a stormwater fee appeal will be in accordance
with the City of Easton Appeal and Credit Manual for Stormwater Fees
as may be amended by the City Administrator from time to time.
A.
City Council may by resolution adopt such policies and procedures
as it deems appropriate to ensure collection of user fees assessed
and imposed pursuant to this article. Without limitation, collection
procedures may include referral of delinquent accounts to a collection
agency, filing of liens, scire facias sur municipal lien proceedings
to collect filed liens, and all other measures or combination thereof
which the Board 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, attorneys' fees, court costs, litigation expenses, and
charges for service of documents shall, upon being incurred by Easton,
be imposed as a charge for nonpayment and added to the balance due
on said owner's account.
C.
No lien shall be satisfied nor shall any collection proceeding be
discontinued until all amounts due on an account, including user fees,
interest, collection fees, attorneys' fees, court costs and other
charges are first paid in full to Easton.
D.
The Public Works Director is authorized to adopt any administrative
policies or procedures deemed necessary or convenient to interpret
or implement this article.
There is hereby created a Stormwater Management Fund, a fund
and account created and dedicated to the operation, administration,
maintenance, repair and improvement of the stormwater management system,
and all related capital costs.
Nothing whatsoever in this article 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 City, its officers, employees, or agents. Easton expressly reserves
the right to assert all available immunities and defenses in any action
seeking to impose monetary damages upon Easton, its officers, employees
and agents arising out of any alleged failure or breach of duty with
respect to Easton's stormwater management system.
