[Added 3-21-2019 by Ord. No. 756]
The Borough of Lemoyne currently
owns and operates an extensive stormwater management system throughout
the Borough, which is essential to protecting the health, safety,
and welfare of its residents and beneficial to all properties located
within the Borough. The Borough anticipates expending considerable
revenue for the construction, maintenance, and operation of additional
stormwater management facilities, in order to satisfy requirements
established by the Pennsylvania Department of Environmental Protection's
Municipal Separate Storm Sewer System Program ("MS4 Program"). Consequently,
the Borough has determined that it is necessary and proper to impose
assessments for the costs of the construction, maintenance, and operation
of the public stormwater management facilities, pursuant to authority
granted under the Pennsylvania Borough Code, 8 Pa.C.S.A. § 21A01,
et seq.
The public stormwater management
facilities that shall be constructed within the Borough shall be part
of the Borough's stormwater management system and 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.
A stormwater assessment ("stormwater assessment")
for and regarding the construction, maintenance, and operation of
the stormwater management 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)
The stormwater assessment for one equivalent
tenth of acre unit (ETU) shall initially be set at a rate of $7.70
per month.
(2)
All single-family residential (SFR) properties
shall be billed on a monthly basis based upon the adjusted ETUs, as
provided herein. Each SFR parcel shall be charged a minimum user fee
of one ETU. The adjusted ETUs shall be in accordance with the following
table:
|
Single-Family Residential Calculated
Equivalent Tenth Unit
|
Adjusted Equivalent Tenth Unit for
Billing
|
|---|---|
|
1
|
1
|
|
2 to < 5
|
2
|
|
5 to < 10
|
3
|
|
10 to < 15
|
4
|
|
15 to < 20
|
5
|
|
20+
|
6
|
(a)
The charge for said properties shall be computed by multiplying the adjusted ETUs for a given parcel by the unit rate as set forth in Subsection A(1) above. All partial ETUs will be rounded down to the nearest whole number for purposes of determining the adjusted ETU for billing purposes. In no event shall any such parcel be charged less than one ETU.
(3)
All nonresidential properties shall be billed on a monthly basis based upon the ETUs. The charge for said properties shall be computed by multiplying the number of ETUs for a given parcel by the unit rate as set forth in Subsection A(1) above. All partial ETU will be rounded down to the nearest whole number for billing purposes. In no event shall any such parcel be charged less than one ETU.
B.
The rates and billing periods for said stormwater assessment may hereafter be changed and set by resolution duly adopted by the Lemoyne Borough Council. The stormwater assessment imposed by this Article XI shall be payable monthly, 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 Article XI shall have the following meanings:
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this Article XI. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this Article XI, nonstructural BMPs or measures refer to operations and/or behavior/related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural BMPs are permanent appurtenances to the project site.
For the purpose of this Article XI, any development established as a condominium development and operating under a condominium association shall be considered as nonresidential. Calculation of the ETUs shall be based upon one ETU assigned for each unit. The ETUs shall be assigned to the tax parcel of the association and not the individual units. The Borough reserves the right to bill the individual units.
A parcel altered from a natural state that contains impervious
surface equal to or greater than 300 square feet. It excludes Lemoyne
Borough-owned properties, public roads, 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 total deeded parcel acreage, divided by 0.1, to determine
the equivalent tenth of acre units for each parcel.
Equivalent tenth of acre adjusted in accordance with the schedule provided in § 460-75A(2) and (3).
A surface that prevents the infiltration of water into the ground. Impervious surfaces and areas shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structure, and any new streets and sidewalks. However, any surface or area designed, constructed and maintained to permit infiltration as specified herein shall be considered pervious, not impervious. For the purposes of this Article XI, a surface or area shall not be considered impervious if such surface or area does not diminish the capacity for infiltration of stormwater for storms up to, and including, a two-year, twenty-four-hour storm event.
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
Lemoyne Borough.
A discrete identification number for each lot, parcel, building
or other structure within Lemoyne Borough.
Developed parcels containing single-family residential homes,
attached homes, townhouses, 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
structures used primarily for nonresidential purposes, mobile homes
located within mobile home parks, apartment buildings, condominiums,
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.
Any surface flow, runoff, and drainage consisting entirely
of water from a natural precipitation, and resulting from such precipitation.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include but are not
limited to detention and retention basins; open channels; storm sewers;
pipes; and infiltration facilities.
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 Lemoyne.
A separate capital reserve fund is
hereby created under and pursuant to the terms and provisions of §
1202(22) of the Borough Code. All stormwater assessments received
by the Borough shall be deposited into this capital reserve fund.
The Borough Council is hereby authorized to budget and appropriate
money for this capital reserve fund if it deems the same appropriate.
Any money so appropriated shall be deposited in this capital reserve
fund. All money deposited into this capital reserve fund shall be
invested and administered, and shall be used, only for the construction,
maintenance, and operation of the stormwater management facilities,
and for the purposes of acquiring or replacing equipment, machinery,
and the like for the same purposes. Expenditures from this capital
reserve 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 Article XI 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 Article XI 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 on-site 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 Lemoyne.
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 Article XI 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 Article XI shall deem the Borough of Lemoyne liable for any damages incurred from stormwater or from adverse water quality. Nothing in this Article XI purports to reduce the need or necessity for flood insurance and Lemoyne Borough expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon Lemoyne Borough, their officers, employees and agents arising out of any alleged failure or breach of duty with respect to the stormwater management system.
