[Added 2-4-2020 by Ord. No. 943, approved 2-4-2020]
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:
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.
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.
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.
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.
Addresses the quality and the quantity of stormwater runoff
and include all services provided by the Borough which relate to the:
Operation, maintenance, repair, enhancement
and replacement of existing public stormwater management systems and
facilities;
Planning, development, design and
construction of additional stormwater management and facilities to
meet current and anticipated needs;
Regulation of the use of stormwater
management services or of stormwater management systems and facilities;
Education of the public as to stormwater
management;
Development plan review to require
compliance with Borough standards;
Inspection for water quantity and
water quality to require compliance with generally accepted standards;
Monitoring for water quantity and
water quality to determine compliance with generally accepted standards,
state water quality standards and stormwater management programs;
Other services as may be deemed appropriate.
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.
A.
The Stormwater Utility shall provide stormwater management services for existing and proposed public stormwater management systems and facilities as defined in this Article X, subject to funding availability and to policy determinations made in the best interest of the public health, welfare and safety and the environment. Additionally, the Stormwater Utility, at the Borough's sole discretion, may accept the responsibility for providing stormwater management services to private stormwater management systems and facilities, acceptance of which conforms to policies, rules and/or regulations established by Borough Council of the Borough of Shippensburg or those persons or entities designated by the Borough Council to set such policies, rules and/or regulations.
B.
The Stormwater Utility may, subject to
the approval of an intermunicipal cooperation agreement, provide similar
or same such services to the other municipalities in the Counties
of Cumberland and Franklin, pursuant to the laws of the Commonwealth
of Pennsylvania.
C.
The Borough of Shippensburg Stormwater
Utility is permitted to provide stormwater management services and
access those stormwater management systems and facilities which are
located within public road rights-of-way and public road easements,
on private property but within easements granted to and accepted by
the Borough, or are otherwise permitted to be located on such private
property by written agreements for rights-of-entry, rights-of-access,
rights-of-use or other permanent provisions, or on public land which
is owned by the Borough or by another governmental entity, and with
which the Borough has written agreements to provide stormwater management
services and access to the stormwater management systems and facilities.
D.
The Stormwater Utility may provide stormwater
management services to privately owned stormwater management systems
and facilities to ascertain that said facilities are functioning as
designed and approved. The Stormwater Utility may provide for remedial
maintenance of said private facilities based upon the severity of
stormwater problems and potential hazard to the public health, safety,
and welfare and the environment, and, in cases where such remedial
maintenance is required, the Borough shall bill the owner or owners
of said private facility for the costs of such maintenance in accordance
with applicable law.
E.
It is the express intent of this Article X to provide for the protection of the public health, safety and welfare of people, property and the environment, in general, subject to the availability of funding and personnel to perform such actions, as determined in the discretion of Borough Council. The Borough expressly reserves the right to assert any and all available immunities, privileges, limits of liability and defenses in any action seeking to impose monetary damages or equitable remedies upon the Borough, its elected or appointed officials, officers, employees and agents arising out of any alleged failure or breach of duty.
A.
The Borough Manager shall supervise all
municipal utility functions of the Stormwater Utility, including but
not limited to planning, developing and implementing proposals and
programs, administration of revenues and expenses, maintenance and
expansion of services, conferring with residents and public officials
and the supervision and direction of the activities of supervisory,
technical, clerical staff, and consultants.
B.
The Borough Manager shall establish a Stormwater
Utility in the Borough budget and accounting system for the purpose
of dedicating and protecting funding applicable to the purposes and
responsibilities of the Stormwater Utility, including but not limited
to rentals, rates, charges, fees, and licenses as may be established
by resolution of the Borough Council, and amended from time to time.
C.
Any revenues and receipts of the stormwater
utility shall be placed in the Stormwater Utility funds and all expenses
of the Stormwater Utility (including internal administrative services
provided to the Stormwater Utility) shall be paid from the Stormwater
Utility funds, and any deficiency in funding from other appropriate
Borough funds.
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.
A.
The stormwater service fee shall be billed
to the customer on a quarterly basis; provided however, the stormwater
service fee may be billed on a separate invoice, or on a customer
utility statement and collected along with other fees for other services
provided by the Borough, at the Borough's sole discretion.
B.
A stormwater service fee bill may be sent
through the United States mail or by alternative means notifying the
customer of the amount of the bill, the date the payment is due, and
the date when past due. Failure to receive a bill is not justification
for nonpayment. Regardless of the party to whom the bill is initially
directed, the owner of each parcel which is served with a sewer connection(s)
shall be ultimately obligated to pay such fee. If a customer is under-billed
or if no bill is sent for developed land, the Borough may back bill
for a period of up to one year, but shall not assess penalties for
any delinquency due to the failure to send a bill or an under-billing.
A late charge shall be assessed against the owner for the unpaid balance
of any stormwater utility service charge that becomes delinquent.
C.
Each customer shall pay a stormwater service
fee regardless if any other utility services are furnished to said
property or parcel. For example, disconnection of water or sanitary
sewer service does not remove the requirement to pay the stormwater
service fee. Only undeveloped land may be exempt. When other utility
services are discontinued at any property, a notice of continuing
stormwater service fee requirements shall be provided promptly.
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.
