This chapter shall be known and may be cited as "The City of Hazleton, Pennsylvania, Stormwater Collection and Management Plan Ordinance."
[HISTORY: Adopted by the City Council of the City of Hazleton 9-3-2013 by Ord. No. 2013-13. Amendments noted where applicable.]
A.
Findings.
(1)
The City of Hazleton finds that:
(a)
The City of Hazleton currently incurs costs to run and maintain a system of stormwater management facilities, including but not limited to inlets, conduits, culverts, gutters, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as all natural waterways;
(b)
Proper maintenance of stormwater management infrastructure is required to prevent the stormwater management system from degrading into a state of disrepair;
(c)
The nature of stormwater is that any system to control stormwater must be designed for, and funds must be expended to control peak flow, total potential runoff volume, and pollution in the stormwater;
(d)
These three factors all relate to, and are driven by, impervious surface; once property is developed, peak flow, runoff volume, and pollution all increase greatly;
(e)
Impervious surface is a primary indicator of the generation of stormwater and usage of the stormwater sewerage system.
(f)
Peak flow occurs most often during periods of intense rainfall and/or when the ground is saturated (can accept no more water) or is arid (concrete like surface resulting from overly dry conditions);
(g)
Because of the effect of weather on stormwater (e.g., extended dry or wet periods of time), no developed property and no undeveloped property can always accept all stormwater, and all developed properties, therefore, generate stormwater runoff;
(h)
In a developed, urban environment, such as the City of Hazleton, each developed property generates runoff and therefore uses or is in some fashion connected with, serviced by, or benefited by the stormwater sewerage system, which normally functions by collecting stormwater from a property and/or by preventing stormwater from entering another property;
(i)
Inadequate management of accelerated stormwater runoff throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge, and threatens public health, welfare, and safety;
(j)
Inadequate planning and management of stormwater runoff throughout a watershed can harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream beds and stream banks thereby elevating sedimentation), destroying aquatic habitat, and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals, and pathogens. Groundwater resources are also impacted through loss of groundwater recharge; stormwater is an important water resource which provides groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality;
(k)
Water quality is degrading due to channel erosion and the discharge of nutrients, metals, oil, grease, toxins, and other substances into and through the stormwater system;
(l)
Stormwater is heavily polluted when there has not been rain for a period of time, and sediment, yard waste, animal waste, pesticides, herbicides, oil, and grease can be found in stormwater;
(m)
The public health, safety, and welfare is adversely affected by poor ambient water quality and flooding that results from inadequate management of both the quality and quantity of stormwater;
(n)
The City of Hazleton is exposed to the possibility of costly litigation due to the state of disrepair of the existing system and the potential for floods that can damage property, injure individuals, and impede the movement of emergency vehicles; and
(o)
The effects of stormwater runoff can be minimized by using project designs that maintain the natural hydrologic regime and sustain high water quality, groundwater recharge, stream base flow, and aquatic ecosystems.
(2)
The City of Hazleton further finds that:
(a)
Federal and state regulations (including those found at 40 CFR Part 122) require the City of Hazleton to implement a program of stormwater controls. The City of Hazleton is required to obtain a permit for stormwater discharges from their separate sewer system under the National Pollutant Discharge Elimination Systems (NPDES);
(b)
The City of Hazleton desires to establish fair and equitable user charges to assure that each property and recipient of services within the City of Hazleton 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 the City of Hazleton;
(c)
Every parcel of real property, both public and private, either uses or benefits from the maintenance of the stormwater system;
(d)
Current and anticipated growth in the City of Hazleton will contribute to and increase the need for improvement and maintenance of the stormwater system;
(e)
The extent of use of the stormwater system by each property is dependent on factors that influence runoff, including land use and intensity of development, and the amount of impervious surface on the property;
(f)
Owners of properties should finance stormwater management to the extent that they contribute to the need for it;
(g)
Responsibility for stormwater management has not been formally defined, that planning for stormwater management should be improved, and that the necessary and true costs of stormwater management have not been reflected in past expenditures by the City of Hazleton;
(h)
Management of the stormwater system to protect the public health, safety and welfare will require increased revenues; and
(i)
A comprehensive program of stormwater management is fundamental to the public health, safety, welfare, and to protect the residents of the City of Hazleton, their resources, and the environment in order to control items such as flooding, erosion, and pollution.
B.
Intent. Therefore, with the passage of this chapter, it is the intent of the City of Hazleton to promote public health, safety, and welfare by:
(1)
Creating a stormwater management utility fee to manage the stormwater system;
(2)
Consolidating responsibility for all stormwater management activities in the City of Hazleton;
(3)
Preparing long-range master plans for stormwater management for each watershed basin in the City of Hazleton;
(4)
Undertaking regular maintenance and requiring annual inspections of all stormwater management facilities, both public and private;
(5)
Financing stormwater management adequately through the imposition of a stormwater management service fee for each piece of real property that generates stormwater runoff into the stormwater system;
(6)
Setting charges such that the fees paid by each user reflect the extent to which the user creates need for the system and such that the charges bear a substantial relationship to the cost of service;
(7)
Creating a rate structure based on the intensity of development, the land use, and the amount of impervious area on each property that is fair and equitable; is simple and can be administered easily; and can generate sufficient revenues; and
(8)
To encourage property owners to practice their own stormwater mitigation and to incentivize such practices through a credit system.
A.
Words and terms used in this chapter, and not given specific definition, shall be defined as set forth in applicable statutes of the Commonwealth of Pennsylvania, or ordinances of the City of Hazleton, if any, and shall otherwise be given their ordinary and common meaning.
B. ACCELERATED STORMWATER RUNOFF BASE DEVELOPMENT POTENTIAL BASE ERU RATE CENTRAL COMMERCIAL RUNOFF ZONE COMMERCIAL HIGHWAY RUNOFF ZONE DEVELOPED PROPERTY EQUIVALENT RUNOFF UNIT (ERU) GROSS PROPERTY AREA IMPERVIOUS SURFACE INDUSTRIAL RUNOFF ZONE MAXIMUM ALLOWABLE LAND COVER OPEN SPACE RUNOFF ZONE OWNER PEAK FLOW PROPERTY PROPERTY RATE FACTOR REAL PROPERTY RESIDENTIAL RUNOFF ZONE STORMWATER STORMWATER MANAGEMENT FUND (SMF) STORMWATER MANAGEMENT SERVICE FEE STORMWATER MANAGEMENT SYSTEM STORMWATER MITIGATION SYSTEM TOTAL DEVELOPMENT POTENTIAL UNDEVELOPED PROPERTY
For purposes of this chapter, the following words and terms shall be defined as set forth below:
Occurs when less precipitation is infiltrated into the soil and groundwater or evaporated, either directly into the air or through vegetation, there is an increase in the volume and rate, or acceleration, of stormwater runoff.
The estimated average total potential development, in square feet, of traditional residential properties within the City of Hazleton.
The total fee, as proposed by the City Administrator, and approved by the Hazleton City Council, as the fee assessed to one equivalent runoff unit.
Parcels within the CC Zone, as designated in Chapter 575, Zoning.
Includes parcels within the CH and O Zones, and commercial properties located within the R-1, R-2, and R-3, as designated in Chapter 575, Zoning.
Real property which has been developed in some way, altering it from its natural conditions.
A unit of measure, proposed by the City Administrator that is equal to the estimated average total development potential of traditional residential properties within the City of Hazleton.
The total area, in square feet, of a property.
Those hard surface areas either which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including, without limitation, such surfaces as roof tops, asphalt, concrete, pavers, compacted aggregate engineered and maintained for vehicular traffic or parking, paving, driveways and parking lots, private streets, walkways, patio areas, storage areas, or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
Includes parcels within the I-1 and I-2 Zones, or industrial properties located within all other zones, as designated in Chapter 575, Zoning.
The maximum development of land cover, for a given property, as defined in Chapter 575, Zoning.
Includes parcels within the O-S Zone, as designated in Chapter 575, Zoning, along with undeveloped properties.
Any person, firm, corporation, individual, partnership, company, association, society or group owning real property within the City of Hazleton.
The highest rate of stormwater runoff which can accumulate from precipitation events.
Each lot, parcel, building or portion thereof.
A value equivalent to the total development potential divided by the base development potential.
All developed and undeveloped property.
Includes residential parcels within the R-1 Zone, R-2 Zone, and R-3 Zone, as designated in Chapter 575, Zoning, excluding properties designated for commercial use.
Includes runoff water from all precipitation events, snowmelt, and springs.
A fund, established by this chapter, to be used for purposes of the stormwater management system. All revenues received by the City of Hazleton from stormwater management service fees shall be deposited into the SMF.
A fee authorized by this article, as set forth in a resolution or an ordinance adopted or amended by the Hazleton City Council, established to pay operation and maintenance, costs of capital improvements, debt service associated with the stormwater management system.
The system or network of stormwater management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components.
Includes but is not limited to reducing impervious land cover; minimizing clearing and grading; providing runoff storage measures dispersed throughout a site's landscape; the use of detention, retention, and infiltration practices; rainwater harvesting systems; green roof systems; and practicing storm drain cleaning.
The maximum area of developed land cover, as prescribed to each property by their respective zoning codes, as designated in Chapter 575, Zoning.
Real property that has not been altered from its natural condition in the manner that disturbed or altered the topography, soils, or vegetation on the property to the degree that the entry of water into the soil matrix is prevented or retarded.
The Hazleton City Administrator (City Administrator) shall have responsibility for implementing all aspects of the stormwater management system, including long-range planning, plan implementation, capital improvements, stormwater facility maintenance, stormwater management service fee determination, billing, chapter enforcement, and hearings for appeals and petitions. Such responsibility will be delegated to those agencies and staff within the City of Hazleton administration best equipped to undertake the particular task. In the event that an agency or department other than the one in which the utility is located is better equipped to undertake a particular task, the City Administrator shall ensure that appropriate interagency charges are determined so that all costs are reflected in the utility budget and that user charges finance all aspects of stormwater management.
The Hazleton City Council hereby requires the Greater Hazleton Joint Sewer Authority to provide them with an annual report on the work completed regarding the sewer and stormwater lines and inlets until the project is completed. Additionally, this report shall be made available to the public on the City of Hazleton's website.
The Hazleton City Council hereby requires the City Administrator to update a Master Stormwater Management Plan in the City of Hazleton. The Master Stormwater Management Plan shall establish goals for the Stormwater Management System and shall be the basis for determining all future activities, including capital improvements and maintenance activities, which are undertaken by the City of Hazleton. The City of Hazleton shall not undertake any activities that are not recommended in the Master Stormwater Management Plan. In general, the Master Stormwater Management Plan shall include an inventory of all existing stormwater facilities and identify alternative actions that the City of Hazleton can undertake to achieve water quality goals and to determine the costs of such alternatives. The Master Stormwater Management Plan shall include those maps as necessary to show the location of facilities and alternatives by basin. Projects or facilities that are proposed should clearly be linked to projected improvements in water quality or flooding situations and shall reflect state requirements and preferences for on-site controls of stormwater runoff. The Master Stormwater Management Plan shall include benefit-cost analyses which can be used to compare alternatives. The Master Stormwater Management Plan shall be submitted to the Hazleton City Council for approval. From time to time, as required by the Hazleton City Council, the City Administrator shall update the Master Stormwater Management Plan.
A.
Creation and purpose of stormwater management service charges.
(1)
The Hazleton City Council hereby establishes a stormwater management service fee to finance all stormwater management activities. Necessary activities generally are those identified in the Master Stormwater Management Plan and at a minimum shall be identified as administrative, operations and maintenance, and capital improvements. Such charges shall be paid by each property owner and will reflect the extent to which each user contributes runoff to the system. The stormwater management service fees will bear a substantial relationship to the projected cost of service provided to the property. The rate structure shall be fair and equitable, simple and easy to administer, and generate sufficient revenue to fund all necessary stormwater management activities. The primary use of stormwater management service fees includes, but is not limited to: planning; acquisition of interests in land and real property, including easements; design and construction of facilities, including debt service and related financing expenses; maintenance of the stormwater system; billing and administration; and water quality management, Including monitoring, surveillance, and construction and maintenance inspection.
(2)
If it is determined that rate adjustments are needed to achieve the goals of the Master Stormwater Management Plan, stormwater management service fees may be adjusted periodically to cover all costs. Updates of the Master Stormwater Management Plan shall include estimates of the amount of rate adjustments that would result from implementing the Master Stormwater Management Plan.
B.
Calculation of stormwater management service fees.
(1)
The City Administrator shall establish a method for calculating stormwater management service fees and a rate structure based on the projected intensity of development, land use, and the amount of potential impervious land cover on each property. Prior to implementing the stormwater management service fee, the City Administrator shall submit the proposed rate structure to the Hazleton City Council for approval. Because intensity of development and the amount of impervious area per parcel generally correlate with the type of land use, stormwater management service fee categories generally shall be identified as land use categories. To the extent practicable, the stormwater management service fee zones shall correspond to standardized land use categories used by Chapter 575, Zoning.
(2)
In general, the stormwater management service fee for each property, within the boundaries of the City of Hazleton, shall be calculated using the following formula:
(Gross property area) x (maximum allowable land cover) | = | Total development potential |
(Total development potential) (Base development potential) | = | Property rate factor |
(Property base factor) x (base ERU rate) | = | Stormwater management service fee |
C.
Standardized Residential Runoff Zone fees. The Hazleton City Council finds that most parcels of real property are classified as residential (R-1, R-2, and R-3), that the intensity of development of these parcels is similar, and that it would be excessively expensive to determine precisely the percentage of impervious area on each parcel; therefore, residential parcels within the R-1 Zone, R-2 Zone, and R-3 Zone, as designated in Chapter 575, Zoning, shall be recognized as parcels within the Residential Runoff Zone in this chapter; therefore, the Hazleton City Council directs the City Administrator to standardize fees for all residential property owners. Based on a representative sample of residential parcels, the City Administrator shall determine the number of equivalent runoff units (ERU) per parcel. The standard Residential stormwater management service fee shall be equal to the number of ERUs times the charge per ERU. The City Administrator may establish classes of Residential Runoff Zone property owners based on total parcel area if doing so would better reflect the contribution of runoff and would result in more equitable fees.
D.
Standardized Commercial Highway Runoff Zone fees. The Hazleton City Council finds that the intensity of development of Commercial Highway (CH) and Professional Office District (O) parcels is similar, and that it would be excessively expensive to determine precisely the percentage of impervious area on each parcel; therefore, parcels within the CH and O Zones, as designated in Chapter 575, Zoning, shall be recognized as parcels within the Commercial Highway Runoff Zone in this chapter; therefore, the Hazleton City Council directs the City Administrator to standardize fees for all CH and O property owners. Based on a representative sample of CH and O parcel, the City Administrator shall determine the number of equivalent runoff units (ERU) per parcel. The standard Commercial Highway stormwater management service fee shall be equal to the number of ERUs times the charge per ERU. The City Administrator may establish classes of Commercial Highway Runoff Zone property owners based on total parcel area if doing so would better reflect the contribution of runoff and would result in more equitable fees.
E.
Standardized Central Commercial Runoff Zone fees. The Hazleton City Council finds that the intensity of development of Central Commercial (CC) parcels is similar, and that it would be excessively expensive to determine precisely the percentage of impervious area on each parcel; therefore, parcels within the CC Zone, as designated in Chapter 575, Zoning, shall be recognized as parcels within the Central Commercial Runoff Zone in this chapter; therefore, the Hazleton City Council directs the City Administrator to standardize fees for all CC property owners. Based on a representative sample of CC parcels, the City Administrator shall determine the number of Equivalent Runoff Units (ERU) per parcel. The standard Central Commercial stormwater management service fee shall be equal to the number of ERUs times the charge per ERU. The City Administrator may establish classes of Central Commercial Runoff Zone property owners based on total parcel area if doing so would better reflect the contribution of runoff and would result in more equitable Fees.
F.
Standardized industrial runoff zone fees. The Hazleton City Council finds that the intensity of development of Light Industrial (I-1) and General Industrial (I-2) parcels is similar, and that it would be excessively expensive to determine precisely the percentage of impervious area on each parcel; therefore, parcels within the I-1 and I-2 Zones, as designated in Chapter 575, Zoning, shall be recognized as parcels within the Industrial Runoff Zone in this chapter; therefore, the Hazleton City Council directs the City Administrator to standardize fees for all I-1 and I-2 property owners. Based on a representative sample of I-1 and I-2 parcels, the City Administrator shall determine the number of equivalent runoff units (ERU) per parcel. The standard Industrial stormwater management service fee shall be equal to the number of ERUs times the charge per ERU. The City Administrator may establish classes of Industrial Runoff Zone property owners based on total parcel area if doing so would better reflect the contribution of runoff and would result in more equitable fees.
G.
Standardized Open Space Runoff Zone fees.
(1)
The Hazleton City Council finds that the intensity of development of Open Space Recreational District (O-S) parcels is similar, and that it would be excessively expensive to determine precisely the percentage of impervious area on each parcel; therefore, parcels within the O-S Zone, as designated in Chapter 575, Zoning, shall be recognized as parcels within the Open Space Runoff Zone in this chapter; therefore, the Hazleton City Council directs the City Administrator to standardize fees for all O-S property owners. Based on a representative sample of O-S parcels, the City Administrator shall determine the number of equivalent runoff units (ERU) per parcel. The standard Open Space stormwater management service fee shall be equal to the number of ERUs times the charge per ERU. The City Administrator may establish classes of Open Space Runoff Zone property owners based on total parcel area if doing so would better reflect the contribution of runoff and would result in more equitable fees.
(2)
In addition to O-S parcels, any parcels of land that have not been developed and remain in a natural state of existence, shall be designated as a parcel within the Open Space Runoff Zone; such parcels may not have human induced disturbances of any kind, including, but not limited to, ground disturbance, tree and/or vegetation removal, and physical and/or infrastructural development.
H.
Charges in the event of multiple owners. In the case where multiple owners or occupants are metered individually on a single property (e.g., condominium, shopping center, etc.), the average number of owners or occupants and the total property impervious area will be used to determine individual stormwater management service fees. If there are significant differences in the total area of property owned or occupied by any owner or occupant, the City Administrator shall also consider the relative contributions to runoff in determining the allocation of the total stormwater management service fee to the owners/occupants.
I.
Charges for public properties. The Hazleton City Council finds that all real property owned and maintained by various local, state, and federal governmental units contributes to runoff and the stormwater management problem. Properties owned by other local units such as school districts are to be charged as if they were private properties. In the case of properties owned by other local governments, or state or federal governments, intergovernmental charges shall be levied.
A.
New Stormwater Fund. The Hazleton City Council hereby directs the City Administrator to establish a separate enterprise fund called the Stormwater Management Fund (SMF) to be used for purposes of the stormwater management system. All revenues received by the City of Hazleton shall be deposited into the SMF. All disbursements will be authorized by the City Administrator in accordance with all applicable laws, regulations, and policies.
B.
Interagency charges. As is necessary, the City Administrator shall develop a procedure for implementing and accounting for interagency charges such that all expenditures for the purposes of stormwater management are paid by revenues from stormwater management service fees. Examples of the types of expenditures that should be accounted for by interagency charges and paid for with SMF revenues include legal fees, billing, and other general administrative expenses.
A.
Credits for on-site management. The City Administrator shall develop and implement procedures where property owners can receive credit for on-site stormwater mitigation projects and/or practices. Such credit will consist of partial exemption from stormwater management service fees. Determination of the credit will depend in part on calculations made by the City Administrator and be based on the extent of runoff control. The City Administrator shall consider the degree of control of both the quantity and quality of stormwater when determining credits. In addition, the City Administrator shall consider future maintenance responsibility when determining credits. In no case shall the stormwater management service fee be reduced to an amount less than the base ERU rate. Such credits shall remain in effect as long as the owner of such systems has obtained the proper permits and constructed the facilities according to plans approved by the City of Hazleton, the owner remains responsible for all costs of operation and maintenance of the system, and the City Administrator has access for inspection of the system to determine if it is in compliance with design and maintenance standards.
B.
Exemptions from charges. Notwithstanding any local ordinances which exempt certain parcels from responsibility for implementing stormwater controls, all properties except those listed here will be liable for payment of stormwater management service fees. Properties exempted from payment of stormwater management service fees include:
The City Administrator shall modify existing utility billing systems to incorporate stormwater management service fees. For properties not served with water or sewer by the City of Hazleton, the City Administrator shall develop a new billing system that can be added to an existing system. Information included in the billing system shall include, but not be limited to, the owner of each property and land use information required to calculate the fees.
A.
Enforcement. In the event that any user fails to pay the specified fees, the City Administrator shall take the necessary legal steps to collect such fees. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the county/municipality.
B.
Penalties. Any person violating any provision of this chapter shall be subject to the penalties set forth in Chapter 1, Article II, Violations and Penalties, of this Code. Each day that a violation continues shall be a separate offense. In addition, the City of Hazleton may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this chapter. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions, or mandamus or other appropriate forms of relief.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person aggrieved by an action of the City Administrator charged with enforcing this chapter, who believes that stormwater management service fees have been imposed without basis or have been determined incorrectly, shall have the right to appeal and may petition for a hearing to contest such fees. The appeal shall be filed in writing within 30 days of the date of official notification or transmittal of the contested determination by the City Administrator. The petitioner shall state clearly the grounds on which the appeal is based.
Floods from stormwater runoff may occur occasionally that exceed the capacity of the stormwater system maintained and financed with stormwater management service fees. This chapter does not imply that properties subject to fees shall always be free from flooding or flood damage, or that all flood control projects to control runoff can be constructed cost-effectively. Nothing whatsoever in this chapter shall deem the City of Hazleton, Hazleton City Council, the City Administrator, or local agency staff liable for any damages incurred in a flood or from adverse water quality. Nothing in this chapter purports to reduce the need or necessity for flood insurance.