[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.
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.
The duly elected governing body of Silver Spring Township,
Cumberland County, Pennsylvania.
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.
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.
A parcel altered from a natural state that contains impervious
surface equal to or greater than 500 square feet.
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.
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:
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.
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."
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.
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.
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.
The associated public costs of equipment and facilities,
energy, workforce, materials, property acquisition, transportation
and services required to:
Avoid, reduce, manage, treat, collect, convey, detain, infiltrate,
pump and transport stormwater;
Provide flood protection;
Keep equipment and facilities, including best management practices,
functioning satisfactorily and economically;
Administer the stormwater management program, including regulatory
compliance; and
Improve Silver Spring Township's stormwater management
system.
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.
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.
Silver Spring Township, Cumberland County, Pennsylvania.
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.
