[HISTORY: Adopted by the Board of Supervisors of the Township of Silver Spring 11-20-2019 by Ord. No. 2019-13. Amendments noted where applicable.]
This chapter shall be known as the "Silver Spring Township Stormwater Management Program Fee Ordinance."
A. 
Silver Spring Township is a Second-Class Township empowered by 53 Pa.C.S.A. § 67705 to assess reasonable and uniform fees for construction, maintenance and operation of stormwater management facilities, systems and management plans.
B. 
Silver Spring Township is empowered to regulate stormwater management activities and facilities by the authority of the Storm Water Management Act, 32 P.S. § 680.1 et seq., and the Second-Class Township Code, 53 P.S. § 35101 et seq.
C. 
Silver Spring Township is also empowered to regulate land use activities that affect stormwater runoff and stormwater management systems by the authority of Pennsylvania's Municipalities Planning Code, 53 P.S. § 10101 et seq.
Silver Spring Township finds that:
A. 
Inadequate development and maintenance of stormwater facilities increases stormwater runoff rates and volumes, contributes to erosion and sedimentation, overtaxes the carrying capacity of storm sewers and streams, increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood-control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
B. 
A comprehensive program of stormwater management, including the generation of funding to pay for effective stormwater best management practices, is fundamental to the public health, safety, and welfare and the protection of the people of Silver Spring Township, their resources, and the environment.
C. 
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.
D. 
Approaches to water management that protect, restore, and mimic natural water cycles have significant environmental, social, and economic benefits and should be encouraged.
E. 
Federal and state regulations include requirements for municipalities to implement a program of stormwater controls.
F. 
To establish, operate, and maintain the stormwater infrastructure of Silver Spring Township, as well as all systems upon which the stormwater infrastructure depends; insure the effective operation of the stormwater system through installation and management of best practices; and to provide services such as inspections, asset management, and regulatory oversight associated with stormwater management, sufficient and stable funding is required to fund these public services.
G. 
Silver Spring Township intends to establish fair and equitable stormwater management program fees to assure that each lot within the Township will pay its proportionate share of the costs of operation, maintenance, repair, administration, replacement, and improvement of all stormwater services provided or paid for by Silver Spring Township.
H. 
A number of models were reviewed by the Township for determining a fee to be charged to property owners. The review found the equivalent residential unit (ERU) model as an appropriate method of calculating a fee for the Township's stormwater management program. The following determinations were made:
(1) 
A base fee per single-family residential ("SFR") unit is reasonable.
(2) 
The base fee can be derived from a statistical sampling of impervious surfaces on SFR properties in the Township.
(3) 
All non-SFR properties can be charged a fee based upon the square footage of impervious area on the parcel. The impervious area is measured, and the fee is determined by dividing the impervious area on the parcel by the square footage for an ERU.
Terms used in this chapter and not given a specific definition shall be defined as set forth in applicable statutes of the Commonwealth of Pennsylvania or ordinances of Silver Spring Township, if any, and shall otherwise be given their ordinary and common meaning.
BEST MANAGEMENT PRACTICES (BMPs)
Activities, facilities, measures, or procedures used to manage the volume, rate and water quality of stormwater runoff from a developed parcel. For the purposes of the credit policy, BMPs eligible for credits are those structural BMPs listed in the Department of Environmental Protection's "BMP Effectiveness Values" document (publication number 3800-PM-BCW0100m, dated 6/2018). Definitions for individual BMPs shall be as stated in the "BMP Description" column of the "BMP Effectiveness Values" document.
BOARD OF SUPERVISORS
The duly elected governing body of Silver Spring Township, Cumberland County, Pennsylvania.
CREDIT
A stormwater management program fee reduction that a property owner receives for implementing and complying with the practices and policies adopted by Silver Spring Township.
DESIGN STANDARDS
Specifications, requirements, construction sequences, and other standards that must be met for an implemented BMP to receive credit. Design standards for implemented BMPs shall be in accordance with the latest edition of the Pennsylvania Storm Water BMP Manual.
DEVELOPED PARCEL
A parcel altered from a natural state that contains impervious surface equal to or greater than 500 square feet.
EQUIVALENT RESIDENTIAL UNIT (ERU)
The measure of impervious ground cover for a typical single-family detached residential property used in assessing fees for each parcel of property, and which is determined to be 4,000 square feet.
IMPERVIOUS SURFACE
A surface that prevents or significantly reduces the infiltration of water into the ground. Impervious surface includes all structures, buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete, asphalt, stone, gravel, or other surfaces as "impervious surface" defined in § 345-8 of the Township's Stormwater Management Ordinance[1], as may be hereafter amended, but not including:
A. 
Trails serving the public and those constructed consistent with the Silver Spring Township Subdivision and Land Development Ordinance[2] that serve multiple parcels; and
B. 
Private roads serving single-family residential parcels.
NON-SINGLE-FAMILY RESIDENTIAL (NON-SFR) PARCEL
Any developed parcel not fitting the definition of single-family residential parcel. Non-SFR parcels include, but are not limited to, apartments, boarding houses, hotels and motels, churches, industrial properties, commercial properties, manufactured home or mobile home parks, commercial and office buildings, storage areas, parking lots and other impervious areas, parks, recreation properties, public and private schools and universities, hospitals and convalescent centers, office buildings, government properties, and mixed-use properties.
OWNER
Any person, firm, corporation, individual, partnership, company, association, government agency, society or group owning real property in Silver Spring Township. Owner may be referred to as "property owner" or "landowner."
RESIDENTIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone, excluding institutional dormitories, hotels, and motels, but including personal-care boarding homes licensed by the commonwealth.
SINGLE-FAMILY RESIDENTIAL (SFR) PARCEL
A residential establishment which may be constructed as a freestanding building; one-half of a double home or duplex (one party wall in common); one house in a row house or townhouse arrangement (sharing two vertical party walls in common, except for end units); and any other variation of construction with the same result, including buildings subject to the condominium form of ownership.
STORMWATER
Water from all precipitation events, snowmelts and springs that flows across the land and eventually into rivers, creeks, lakes, ditches and canals resulting in debris, sediment, pollutants, bacteria and nutrients from sidewalks, streets, parking lots, and other impervious surfaces washing into gutters, through storm drains, and eventually flowing into creeks and rivers.
STORMWATER MANAGEMENT COSTS
The associated public costs of equipment and facilities, energy, workforce, materials, property acquisition, transportation and services required to:
A. 
Avoid, reduce, manage, treat, collect, convey, detain, infiltrate, pump and transport stormwater;
B. 
Provide flood protection;
C. 
Keep equipment and facilities, including best management practices, functioning satisfactorily and economically;
D. 
Administer the stormwater management program, including regulatory compliance; and
E. 
Improve Silver Spring Township's stormwater management system.
STORMWATER MANAGEMENT PROGRAM FEE
A fee assessed, imposed and to be collected from each developed parcel in Silver Spring Township beginning January 1, 2020, and used to defray the Township's stormwater management costs.
STORMWATER MANAGEMENT SYSTEM
The system of runoff avoidance, infiltration, collection and conveyance, including storm sewers, pipes, conduits, mains, inlets, culverts, catch basins, gutters, ditches, channels, detention ponds, streets, curbs, drains and all devices/appliances and stormwater best management practices (BMPs) and facilities appurtenant thereto used for collecting, conducting, pumping, conveying, detaining, infiltrating, reducing, managing, avoiding the generation of, and treating, stormwater.
TOWNSHIP
Silver Spring Township, Cumberland County, Pennsylvania.
[1]
Editor's Note: See Ch. 345, Stormwater Management.
[2]
Editor's Note: See Ch. 360, Subdivision and Land Development.
A. 
Each single-family residential (SFR) parcel shall be charged for one ERU.
B. 
The fee per ERU shall be an annual fee of $108, with one ERU being equal to 4,000 square feet.
C. 
All other developed, non-SFR parcels shall be charged an annual fee calculated by dividing the total impervious area of the non-SFR parcel by the impervious area per ERU to determine the number of ERUs to assign to the parcel. ERUs shall be assigned to non-SFR parcels by rounding to the nearest tenth.
Example: A non-SFR property containing 66,260 square feet of impervious area would have the following ERUs assigned to it: 66,260 / 4,000 = 16.56 = 16.6 ERUs.
D. 
The Board of Supervisors may review the stormwater management program fees established by this chapter and may modify the fees by resolution as deemed necessary.
All fees shall be assessed, imposed, liened and collected as to all property, owners, lots, parcels, buildings, units, and users, unless exempted.
A. 
The stormwater management program fees fixed and established by this chapter shall be effective to all properties that use, are served, or are benefited by the Silver Spring Township stormwater management system existing as of the effective date of this chapter, and shall be effective to all other properties thereof that use, are served, or are benefited by the stormwater management system subsequent to the effective date of this chapter.
B. 
Silver Spring Township shall create and maintain a dedicated stormwater account separate from all other accounts or funds. All stormwater management program fees, and any penalties or interest on such fees, shall be deposited into that account, and shall be used solely for stormwater services and purposes, including operation, administration, maintenance, repair, and improvement of the stormwater management system.
C. 
Silver Spring Township may bill property owners directly, or the Board of Supervisors may designate a third-party billing agent to issue bills for stormwater management program fees.
D. 
Bills for stormwater management program fees shall be issued on a regular periodic basis, not less regularly than annually.
E. 
Bills for stormwater management program fees shall be payable at their face amount during the thirty-day period following the date on which the bill was mailed.
F. 
The stormwater management program fees imposed and collected will not be subject to proration or refund by Silver Spring Township in the event a property is sold; provided, however, that this provision shall not bind a buyer and seller from making their own proration of any stormwater management program fees imposed hereunder.
The face amount of all stormwater management program fee charges shall be paid within 30 days of the invoice date, with a penalty of 10% assessed on the 31st day. On the first day of each subsequent month in which the account remains unpaid, an interest charge of 0.5% per month shall be added to the account. All unpaid user charges shall be a lien against the property, and the Township Solicitor shall file such lien on or before December 31 of the year in which the account remains unpaid. Any legal fees, including attorneys' fees, filing fees, and court costs, and any other fees related to the collection of the account shall be borne by the property owner. Attorneys' fees and collection procedures shall be established by resolution, as attached to this chapter as Exhibit "A," which may be amended from time to time by further resolution.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
In accordance with the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., as amended, all stormwater management program fees, penalties, interest, collection fees, attorneys' fees, lien filing and satisfaction fees, and all other charges imposed for failure to pay promptly shall constitute a lien upon and against the subject property from the date the fees are imposed. In addition, the Township reserves the right to pursue any and all other remedies available to it for nonpayment of the stormwater management program fee.
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.
A. 
Exemptions. No public or private developed land shall be exempt from stormwater management service charges, with the exception of public road rights-of-way.
B. 
Credits.
(1) 
Credits shall be available as described in the Silver Spring Township stormwater management program credit policy manual ("credit manual"), which shall be established by resolution.
(2) 
Property owners seeking to obtain credits must complete the credit application form ("application"), which shall be created by the Township Manager or the designee of the Township Manager consistent with the credit manual.
(3) 
Credit cap. The maximum credit shall be cumulative up to a maximum credit of 30% of the total stormwater management program fee for the subject property.
(4) 
If an application is approved, the property owner will receive credit beginning with the next regular billing cycle.
(5) 
The Board of Supervisors may revise the credit cap and credit manual established by this chapter by resolution as deemed necessary.
Any owner who believes the provisions of this chapter have been applied in error may appeal according to the following procedure:
A. 
All appeals must be in writing on an appeal form to be created by the Township Manager or the designee of the Township Manager.
B. 
The appeal of a stormwater management program fee must be delivered or mailed to the Township Manager, or the designee of the Township Manager, within 30 days of the charge being mailed to the owner. The appeal must be in writing and state all reasons for the appeal. Using the information provided by the appellant owner and any other investigation that is needed in the opinion of the Township Manager or designee, the Township Manager or designee shall review the written submission and respond to the appeal in writing within 30 days. The Township Manager or designee has the authority to adjust the stormwater management program fee if he or she deems appropriate.
C. 
A decision of the Township Manager or designee that is adverse to the appellant owner may be further appealed to the Silver Spring Township Board of Supervisors within 30 days of the adverse decision being issued and mailed to the owner. Upon appeal to the Board of Supervisors, the appellant owner shall state in writing the grounds for further appeal and shall mail or deliver the appeal to the Township Manager, or the designee of the Township Manager. The appellant shall be permitted to present his appeal to the Board of Supervisors at the next scheduled meeting that is at least seven days after receipt of the appeal to the Board of Supervisors. The Board of Supervisors shall issue a written decision on the appeal within 30 days of its presentation. The decision of the Board of Supervisors shall be final.
D. 
If the appeal to the Board of Supervisors is rejected, and only upon exhaustion of all appeal remedies before the Township, the owner may appeal the decision to the Court of Common Pleas of Cumberland County within 30 days of the date of the rejection of the appeal.
E. 
If an appeal is not filed with the Court of Common Pleas of Cumberland County within 30 days as set forth in this Section, or if an appeal is not taken and payment is not made within 30 days of receipt of a rejected appeal by the Board of Supervisors, the property shall be liened for all past-due amounts in accordance with the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., as amended.
A. 
The Board of Supervisors may, by resolution, adopt such policies and procedures as deemed appropriate to ensure collection of stormwater management program fees assessed and imposed pursuant to this chapter. Without limitation, collection procedures may include referral of delinquent accounts to a collection agency, filing of municipal liens, and all other measures which the Board of Supervisors deem appropriate.
B. 
All costs of collection procedures, including but not limited to legal fees, including attorneys' fees, filing and satisfaction fees, court costs, administrative costs and engineering fees and costs, litigation expenses, charges for service of documents, and any other fees related to the collection of the account shall, upon being incurred by Silver Spring Township, be imposed as a charge for nonpayment and added to the balance due on the property owner's account.
C. 
No lien shall be satisfied nor shall any collection proceeding be discontinued until all amounts due on an account, including stormwater management program fees, interest, penalties, collection fees, attorneys' fees, filing and satisfaction fees, court costs, administrative costs and engineering fees and costs, litigation expenses, and charges for service of documents are paid in full to Silver Spring Township.
D. 
The Board of Supervisors may implement such administrative procedures necessary to implement the policies and requirements set forth in this chapter.
Floods from stormwater may occur occasionally that exceed the capacity of the stormwater system maintained and financed with stormwater fees. 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 flood-control projects to control stormwater can provide complete protection from all flood and storm events. Nothing whatsoever in this chapter shall deem Silver Spring Township liable for any damages incurred from stormwater or from adverse water quality. Nothing in this chapter purports to reduce or eliminate the need for flood insurance, and Silver Spring Township expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon Silver Spring Township, its officers, employees, and agents arising out of any alleged failure or breach of duty with respect to Silver Spring Township's stormwater management system.
If any section, subsection, sentence, clause, phrase, provision, or portion of this chapter is found to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such decision shall not affect the validity of the remaining portions of this chapter.