The Borough Council of the Borough
of Shippensburg is responsible for the protection and preservation
of the public health, safety, and welfare of the community and the
environment and finds that it is in the best interest of the health,
safety, and welfare of the citizens of the Borough and the community
at large and the environment to proceed with the development, implementation,
and operation of a utility for stormwater management accounted for
in the Borough budget as a separate utility dedicated solely to stormwater
management and to institute funding methods associated therewith.
The following definitions shall apply to this Article
X. Any word or phrase not defined below but otherwise defined in the Code of Ordinances shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise:
BOROUGH STANDARDS
The Borough of Shippensburg rules, policies, procedures,
regulations and ordinances that govern water quality and water quantity,
including but not limited to the Subdivision and Land Development
Ordinance, the Zoning Ordinance, and any stormwater design manual
together with all procedures, rules, regulations and policies pertaining
thereto as these may be updated or amended from time to time.
CUSTOMER
All persons, parcels, trusts, corporations, partnerships,
companies and entities served by the utility's acquisition, management,
maintenance, extension, and improvement of the public stormwater management
systems and facilities and regulation of public and private stormwater
systems, facilities, and activities related thereto, and persons,
parcels, trusts, corporations, partnerships, companies and entities
which will ultimately be served or benefited as a result of the stormwater
management program.
PRIVATE STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
Those natural and man-made channels, swales, ditches, rivers,
streams, creeks, branches, reservoirs, ponds, drainage ways, inlets,
catch basins, pipes, headwalls, storm drains, lakes and other physical
works, properties and improvements which transfer, control, convey
or otherwise influence the movement of stormwater runoff or water
quality, which are not public.
PUBLIC STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
Those natural and man-made channels, swales, ditches, rivers,
streams, creeks, branches, reservoirs, ponds, drainage ways, inlets,
catch basins, pipes, headwalls, storm drains, public streets, curbs
and gutters, lakes, and other physical works, properties and improvements
which transfer, control, convey or otherwise influence either the
movement of stormwater runoff or water quality, which are either owned
by the Borough or for which the Borough has accepted an offer of dedication
of an easement or other legally binding permanent right of use for
stormwater drainage, and for which the Borough has the obligation
of maintenance for stormwater drainage purposes.
STORMWATER MANAGEMENT SERVICES
Addresses the quality and the quantity of stormwater runoff
and include all services provided by the Borough which relate to the:
A.
Operation, maintenance, repair, enhancement
and replacement of existing public stormwater management systems and
facilities;
B.
Planning, development, design and
construction of additional stormwater management and facilities to
meet current and anticipated needs;
C.
Regulation of the use of stormwater
management services or of stormwater management systems and facilities;
D.
Education of the public as to stormwater
management;
E.
Development plan review to require
compliance with Borough standards;
F.
Inspection for water quantity and
water quality to require compliance with generally accepted standards;
G.
Monitoring for water quantity and
water quality to determine compliance with generally accepted standards,
state water quality standards and stormwater management programs;
H.
Other services as may be deemed appropriate.
STORMWATER SERVICE FEES
The periodic service charge imposed by the Borough of Shippensburg to a customer pursuant to this Article
X for providing the stormwater management services and stormwater management systems and facilities, which fees shall be used only for the purpose of funding the Borough of Shippensburg's Stormwater Utility's cost of providing stormwater management services and stormwater management systems and facilities.
The Borough hereby establishes and
creates the Stormwater Utility as a department of the Borough of Shippensburg.
The Stormwater Utility shall be responsible for providing stormwater
management services, for providing stormwater management systems and
facilities and for determining labor, material and administrative
fees for the operation of the Stormwater Utility in the Borough of
Shippensburg.
The Borough Council of the Borough
of Shippensburg hereby transfers responsibility for stormwater services
over the existing stormwater management systems and facilities and
other related assets, including but not limited to properties upon
which such facilities are located, easements, rights-of-entry and
access, and certain equipment to the Stormwater Utility.
The Borough Council hereby establishes
a monthly stormwater service fee of $5 per connection to the sanitary
sewer system for each parcel within the Borough.
The penalty added after the due date
will be 1.5% per month (18% per annum).
In accordance with the Municipal
Claims Act, 53 P.S. § 7101, et seq. (as amended), all rates and
charges, penalties, interest, collection fees, lien filing and satisfaction
fees and other charges imposed or assessed, including but not limited
to reasonable attorney fees, for failure to pay promptly shall constitute
a lien upon and against the subject property and its owner from the
date of their imposition and assessment.