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:
DEVELOPED LAND
A land parcel altered from its natural state that has 300
square feet or more of impervious surface area.
DRAINAGE SYSTEM
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.
EQUIVALENT RESIDENTIAL UNIT (ERU)
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.
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.
NATURAL STATE
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.
OWNER
Any person, persons or entity vested with ownership, legal
or equitable, sole or partial, of any developed land in the service
area.
PUBLIC ROAD RIGHTS-OF-WAY
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.
RAILROAD RIGHTS-OF-WAY
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.
STORMWATER
The runoff from precipitation and snow melt that travels
over natural state or developed land surfaces and enters a drainage
system.
STORMWATER MANAGEMENT ENTERPRISE FUND
That fund consisting of stormwater management service charges,
fee revenues and funds to be used only to fund identified stormwater
management program activities.
STORMWATER MANAGEMENT PROGRAM
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.
STORMWATER MANAGEMENT SERVICE CHARGE
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.
STORMWATER MANAGEMENT UTILITY
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.
UNDEVELOPED LAND
A land parcel that is not altered from its natural state
or that has less than 300 square feet of impervious surface area.
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.
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.