[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle 11-8-2018 by Ord. No. 2315, approved 11-8-2018. Amendments noted
where applicable.]
This chapter shall be known and cited as the "Borough of Carlisle
Stormwater Management Utility Ordinance."
The Borough Council finds that:
A.
The stormwater management needs of the Borough of Carlisle (the "Borough")
have been identified through field investigations, citizen notifications
and engineering studies, indicating that more comprehensive and effective
stormwater management in the Borough would contribute to the protection
of the health, safety and welfare of the residents, and that a stormwater
management program will provide services and benefits to all properties,
property owners, residents and citizens of the Borough.
B.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases flows and velocities,
threatens public health and safety, contributes to erosion and sedimentation,
overtaxes the carrying capacity of streams and storm sewers, greatly
increases the cost of public facilities to carry and control stormwater,
undermines floodplain management and flood control efforts in downstream
communities, reduces groundwater recharge, and increases non-point
source pollution of water resources.
C.
A comprehensive program of public stormwater management, which seeks
to avoid and minimize flooding, erosion and water quality degradation
is fundamental to the public health, safety, welfare and protection
of the residents of the Borough, local property and the environment.
D.
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.
E.
Federal and Pennsylvania regulations require the Borough to implement
and fund a program of stormwater controls that address discharges
from the Borough's regulated stormwater outfalls to local water bodies.
In accordance with those regulations, the Borough has a permit to
manage stormwater discharges from its municipal separate storm sewer
system under the National Pollutant Discharge Elimination System regulations.
The purpose of this chapter is to establish a stormwater management
program and an adequate, dedicated source of funding necessary to
ensure the proper development and maintenance of stormwater management
practices in the Borough.
The Borough has the authority to regulate and manage stormwater
within the Borough by the following:
A.
The Stormwater Management Act, 32 P.S. § 680.1 et seq., and the Borough Code, 8 Pa.C.S.A. Chapter 22.
B.
The Home Rule Charter of the Borough of Carlisle.
C.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., which provides for regulation of land use activities that
affect stormwater runoff and stormwater management systems.
For the purpose of this chapter, the following words, terms,
and phrases shall have the meanings given to them in this section,
except where the context clearly indicates a different meaning:
A land parcel altered from its natural state that has 300
square feet or more of impervious surface area.
Natural and structural channels, swales, ditches, swamps,
rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage
ways, inlets, catch basins, gutters, pipes, culverts, bridges, head
walls, storm sewers, lakes, and other physical works, properties,
and improvements that transfer, control, convey or otherwise influence
the movement of stormwater runoff.
Is a unit of measure of impervious surface (in square feet)
which represents the impervious surface area on the typical single-family
residential parcel in the Borough as a unit of comparison. ERU shall
mean for the purposes of this chapter 2,410 square feet of impervious
surface.
Developed areas of land that prevent or significantly impede
the infiltration of stormwater into the soil. Typical impervious surfaces
include, but are not limited to: roofs, sidewalks, walkways, patios,
swimming pools, private driveways, parking lots, access extensions,
alleys and other paved, engineered, compacted or gravel surfaces.
Shall describe existing undeveloped land where the soil and
vegetation characteristics have not been substantially modified or
disturbed by human activities and the hydrologic function is in an
unaltered or natural condition.
Every parcel that is not a single-family residential parcel.
Any person, persons or entity vested with ownership, legal
or equitable, sole or partial, of any developed land in the service
area.
All property that has been accepted for maintenance by the
Pennsylvania Department of Transportation, the Borough of Carlisle,
or Cumberland County, and that is available for use by the general
public for transportation purposes.
All property used or formerly used for trackage. This shall
not be construed to apply to railroad stations, maintenance buildings,
or other developed land used for railroad purposes.
All land within the Borough of Carlisle.
A parcel identified as having property type of "R" as determined
by the Cumberland County Property Assessment Office.
The runoff from precipitation and snow melt that travels
over natural state or developed land surfaces and enters a drainage
system.
That fund consisting of stormwater management service charges,
fee revenues and funds to be used only to fund identified stormwater
management program activities.
An identified set of measures and activities designed to
protect, restore and/or manage stormwater quality by controlling and/or
reducing pollutants and to reduce and/or manage stormwater quantity
by controlling velocity, volume, and rate of stormwater.
A service charge, applicable to developed land, which generally
reflects the impact on or demand for stormwater management services
provided by the Borough to properly control and manage stormwater
runoff quantity and/or quality associated with the land parcel. The
stormwater management service charge will vary from one land parcel
to another based on the impervious surface area.
An organizational structure that is responsible for funding,
administering, and operating the Borough's stormwater management program,
and that is supported through a rate structure based on the impervious
surface area found on developed land parcels located within the service
area.
A land parcel that is not altered from its natural state
or that has less than 300 square feet of impervious surface area.
A.
There is hereby established a Borough of Carlisle stormwater management
utility that shall be responsible for implementing, operating, and
administering the Borough's stormwater management program as defined
herein.
B.
There is hereby established a Borough of Carlisle Stormwater Management
Enterprise Fund for the purpose of dedicating and protecting funding
applicable to the responsibilities of the stormwater management utility
including, but not limited to, rents, rates, fees, charges, and penalties
as may be established by the Borough Council. Funding may also include
other funds transferred or allocated to the stormwater management
utility by the Borough Council. All revenues and receipts of the stormwater
management utility shall be placed in the Stormwater Management Enterprise
Fund and all expenses of the stormwater management utility shall be
paid from the Stormwater Management Enterprise Fund, except that other
revenues, receipts, and resources not accounted for in the Stormwater
Management Enterprise Fund may be applied to stormwater management
activities as deemed appropriate by the Borough Council.
A.
The stormwater management service charge shall be based on the monthly charge of $7 per ERU, which charge shall be billed quarterly in arrears starting on and after May 1, 2024, at the same time that water and sewer rental charges are billed by the Borough. The charge billed will be in accordance with the rate structure noted in § 220-8 below. Stormwater management service charges shall be due and payable by the 45th day from the date of the billing. Any stormwater management service charge not paid by the 45th day of the date of billing shall be subject to a penalty of 1.5% and be considered delinquent. Thereafter, delinquent bills shall be subject to a 1% penalty per month on the full unpaid and overdue principal of the bill.
[Amended 12-8-2022 by Ord. No. 2409, approved 12-8-2022; 12-14-2023 by Ord. No. 2428, approved 12-14-2023]
B.
The stormwater management service charges and related penalties shall
apply to all developed land parcels within the service area, except
as may be altered by credits or exemptions provided in this chapter.
A.
Every parcel of developed land within the service area shall be subject
to a stormwater management service charge. The stormwater management
service charge shall be billed to the owner and be the responsibility
of the owner.
(1)
A stormwater management service charge for stormwater costs shall
be allocated to each single-family residential parcel on a tiered
basis. The impervious surface area tiers are as follows:
(a)
A parcel with up to 1,800 square feet of impervious surface
area will be billed for 1/2 ERU.
(b)
A parcel with greater than 1,800 and up to 3,600 square feet
of impervious surface area will be billed for 1 ERU.
(c)
A parcel with greater than 3,600 square feet of impervious surface
area will be billed for 1 1/2 ERU.
(2)
A stormwater management service charge for stormwater costs shall
be allocated to each non-single-family residential parcel based upon
measured impervious surface area on an ERU basis, with one ERU being
2,410 square feet of impervious surface. Impervious surface area rates
will apply to each ERU or part thereof of impervious surface area.
All partial ERUs shall be rounded to the nearest whole number for
billing purposes. In no event shall any non-single-family residential
parcel with developed land be charged less than one ERU.
B.
If any owner wishes to dispute a Stormwater Service Charge billing
or any other rates, fees, charges, or penalties adopted pursuant to
this chapter, the owner must submit a written appeal within 30 days
of receipt of the billing, stating the reasons for the appeal, and
providing information pertinent to the calculation of the billed charge.
A timely appeal shall stay the application of any penalties. An appeal
of a disputed bill shall be filed with the Borough Finance office
for review and disposition. If the owner is not satisfied with the
disposition of the appeal by the Finance office, the owner within
10 days of disposition of the appeal by the Finance office may further
appeal the disputed charge to the Borough Manager or his designee
who shall make the final ruling on the validity of the appeal.
Stormwater management service charges and fee revenues shall
be assigned and dedicated solely to the Stormwater Management Enterprise
Fund in the Borough budget and accounting system, which shall be and
remain separate from other funds, and shall be used only to fund identified
stormwater management program activities. The services charges and
fees paid to and collected by virtue of the provision of this chapter
shall not be used for general or other governmental or proprietary
purposes of the Borough, except to pay for costs incurred by the Borough
in rendering services associated with the stormwater management utility.
A.
Statement of policy. Except as provided in this section, no public
or private developed land shall be exempt from stormwater management
service charges or receive a credit or offset against such stormwater
management service charges. No exemption or reduction in stormwater
management service charges shall be granted based on the age, tax
or economic status, race, or religion of the owner, or other condition
unrelated to the cost of providing stormwater services and facilities.
B.
Exemptions. No public or private developed land shall be exempt from
stormwater management service charges, with the exception of public
road rights-of-way and railroad rights-of-way.
C.
Credits. The following credits may be allowed by the Borough Engineer
upon adoption of a Credit Application Instruction Manual. Borough
Council shall adopt a Credit Application Instruction Manual by Resolution,
which may be amended from time to time by Resolution of Borough Council.
(1)
Non-single-family residential parcels that provide measures to mitigate
the impacts of runoff on the stormwater system may be eligible for
one or more credits to the impervious surface area units charge portion
of the stormwater management service charge, proportional to the extent
those measures address the impacts of peak discharge and total runoff
volume from the site.
(2)
Each credit allowed against a parcel's impervious surface area units
charge portion of the stormwater management service charge shall be
conditioned on continuing compliance with the performance standards
set forth in the credit application instruction manual and/or the
applicable standards set out in the Borough's Land Development Ordinance
existing at the time of construction of such facilities and may be
rescinded for noncompliance with those standards. To prove that a
structural control measure (SCM) is meeting the standards when applying
for credit the first time, a property owner shall submit the original
plan and calculations, including a licensed engineer's certification
that the standards continue to be met. In subsequent years, the Borough
will require certification by a licensed engineer that the SCM continues
to be properly functioning. This repeat certification will be required
every two years.
(3)
Each credit for which an owner applies shall be subject to review
and approval by the Borough Engineer. The Borough Engineer may approve
or reject any application for a credit in whole or in part.
(5)
All parcels that provide measures to reduce runoff to the drainage
system may be eligible for credit to the service charge proportional
to extent that those measures reduce the amount of runoff from the
site.
In accordance with the Municipal Claims Act, 53 P.S. § 7101, et seq., as amended, all stormwater management service charges, penalties and interest, together with those costs, fees and interest noted in § 120-22, shall constitute a lien upon and against every parcel of developed land and its owner from the date of their imposition and assessment. In addition, the Borough reserves the right to pursue any and all other remedies available to it for nonpayment of the stormwater management service charge.
Floods from stormwater may occur occasionally that exceed the
capacity of the Stormwater Management System maintained and financed
with stormwater management service charges. 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 stormwater
management program projects to control stormwater can provide complete
protection from all flood and storm events. Nothing whatsoever in
this chapter shall deem the Borough 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 the
Borough expressly reserves the right to assert all available immunities
and defenses in any action seeking to impose monetary damages upon
the Borough, its elected officials, officers, employees and agents
arising out of any alleged failure or breach of duty with respect
to the Borough's stormwater system.
