[Ord. 8258, passed 12-21-2017]
This chapter shall be known and may be cited as the "City of
New Castle Stormwater Management System User Fee Ordinance."
[Ord. 8258, passed 12-21-2017]
(a) The City of New Castle incurs costs to maintain an extensive public
stormwater system. The City's stormwater system includes and/or
may include underground pipes, conduits, inlets, outfalls, culverts,
catch basins, dams, flood control structures, gutters, ditches, channels,
detention ponds, public best management practices, public streets,
curbs, conveyances, appurtenances and drains (collectively, the "stormwater
management system").
(b) A comprehensive program of stormwater management is fundamental to
the public health, safety, welfare and the protection of the residents
of the City of New Castle, their property, resources and the environment
in order to control items such as flooding, erosion and pollution.
(c) Federal and state regulations require the City of New Castle to implement
and properly maintain a program of stormwater controls. The City of
New Castle is required to obtain a permit for stormwater discharges
from their separate storm sewer system under the National Pollutant
Discharge Elimination System (NPDES) permit. In compliance with such
federal and state regulations, the City enacted its stormwater management
ordinance, Ordinance, 7949, passed on March 10, 2011.
(d) In a urban environment such as the City of New Castle, each property
uses or is in some fashion connected with, serviced by or benefitted
by the public stormwater management system.
(e) Impervious surface is a primary characteristic of a property's
generation of stormwater and usage of the stormwater management system.
(f) The City of New Castle desires to establish fair and equitable user
charges to assure that each lot, developed parcel, building, and recipient
of services within the City of New Castle will pay its proportionate
share of the costs of operation, maintenance, repair, regulatory compliance,
administration, replacement and improvement related to the stormwater
management system and stormwater services provided or paid for by
the City of New Castle.
(g) The charges as determined herein are fair and equitable and are based
upon the following facts: a standard fee per residential unit is reasonable;
said fee was based on a statistical sampling of properties in the
City of New Castle; the use of aerial photography and geographic information
systems (GIS) analysis provides an accurate measurement for impervious
surface; the standard charge for single-family detached dwellings
is based on the fact that there is not a great deal of variation in
size and that on larger commercial and institutional properties (non-single-family
detached properties), the opportunity to control runoff in a meaningful
way does exist and should be encouraged and acknowledged.
(h) The New Castle Sanitation Authority maintains the ability to assess
charges for maintenance of a stormwater management system pursuant
to the Municipal Authorities Act, Act 22 of 2001, 53 Pa.C.S. § 5601
- § 5622. As such, the City of New Castle contracts with
the New Castle Sanitation Authority for collection of fees and maintenance
of the stormwater management system.
[Ord. 8258, passed 12-21-2017]
(a) Words and terms used in this article 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 New Castle, if any, and
shall otherwise be given their ordinary and common meaning.
(b) For purposes of this article, the following words and terms shall
be defined as set forth below:
(1)
DEVELOPED PARCEL — A parcel altered from a natural state
that contains any impervious surface.
(2)
EQUIVALENT COMMERCIAL UNIT (ECU) — The measure of impervious
ground cover for any non-single-family detached parcel, and which
has been determined to be 2,500 square feet.
(3)
IMPERVIOUS SURFACE — A surface that prevents the infiltration
of water into the ground. Impervious surface (or area) includes, but
is not limited to: roofs, additional outdoor living spaces, patios,
garages, storage sheds and similar structures, parking or driveway
areas, and any private streets and sidewalks. Any travel areas proposed
to initially be gravel or crushed stone shall be assumed to be impervious
surfaces.
(4)
NON-SINGLE-FAMILY DETACHED (NSFD) — Any developed parcel
not fitting the definition of single-family detached. NSFD shall include,
but not be limited to, attached single-family houses, multifamily
houses, townhouses and condominiums, 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.
(5)
OPERATION AND MAINTENANCE — The associated costs of equipment
and facilities, energy, manpower, materials, transportation and services
required to collect, convey, detain, pump and transport stormwater,
keep equipment, infrastructure, and facilities functioning satisfactorily
and economically, and administer the stormwater management system
and shall include sums paid to defray costs of the City of New Castle's
improvements to the stormwater management system.
(6)
OWNER — Any person, firm, corporation, individual, partnership,
trust, company, association, government agency, society or group owning
real property in the City of New Castle.
(7)
REPLACEMENT — The associated costs of obtaining and installing
equipment, infrastructure, accessories or appurtenances which are
necessary during the service life of the stormwater management system
so as to maintain the capacity and performance for which said system
was designed and constructed and shall include costs associated with
improvements to the stormwater management system.
(8)
RESIDENT — Any person, firm, corporation, individual,
partnership, trust, company, association, government agency, society
or group residing in and/or paying rent on real property in the City
of New Castle.
(9)
SINGLE-FAMILY DETACHED (SFD) — A developed parcel containing
one structure which contains one or more rooms with a bathroom and
kitchen facilities designed for occupancy by one family and shall
include single-family houses, single-family units, manufactured homes,
and mobile homes located on individual lots or parcels of lands. Developed
parcels may be classified as "single-family detached" despite the
presence of incidental structures associated with residential uses
such as garages, carports or small storage buildings. "Single-family
detached" shall not include developed land containing: structures
used primarily for nonresidential purposes; manufactured homes and
mobile homes located within manufactured home or mobile home parks;
or other multiple-unit residential properties such as apartments,
condominiums and town homes.
(10)
STORMWATER MANAGEMENT SYSTEM — The system of collection
and conveyance, including underground pipes, conduits, mains, inlets,
culverts, catch basins, gutters, ditches, manholes, outfalls, dams,
flood control structures, stormwater best management practices, channels,
detention ponds, public streets, curbs, drains and all devices, appliances,
appurtenances and facilities appurtenant thereto used for collecting,
conducting, pumping, conveying, detaining, discharging and/or treating
stormwater.
(11)
STORMWATER — Water from a rain or snowfall event 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.
(12)
UNDEVELOPED PARCEL — A parcel that does not meet the definition
of developed parcel.
(13)
USER — Any person, firm, corporation, individual, partnership,
company, association, government agency, society or group using, benefitting
from or being served by the public stormwater management system.
(14)
USER FEE — Sums assessed, imposed and to be collected
from each developed lot, parcel, building or portion thereof which
uses, benefits from or is serviced by the stormwater management system
or which discharges stormwater, directly or indirectly, into the public
stormwater management system, for the use of and the service rendered
and improvement of such system.
[Ord. 8258, passed 12-21-2017]
(a) Primary authority. The City of New Castle is empowered to regulate
these activities by the authority of the Act of October 4, 1978, 32
P.S., P.L. 864 (Act 167), 32 P.S. Section 680.1 et seq., as amended,
the "Storm Water Management Act," and the Third Class City Code, 53
P.S. Section 35101 et seq. The City of New Castle is also empowered
to regulate land use activities that affect stormwater runoff and
stormwater management systems by the authority of the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, as amended. See also Environmental Protection Agency, Region
III, Funding Storm Water Programs, January 2008, EPA 833-F-07-012.
(b) The New Castle Sanitation Authority is empowered to collect fees
and regulate activities by the Authority of the Municipal Authorities
Act, Act 22 of 2001, 53 Pa.C.S. § 5601 - § 5622.
[Ord. 8258, passed 12-21-2017]
For the use of, benefit by and the services rendered by the
stormwater management system, including its operation, maintenance,
repair, replacement and improvement of said system and all other expenses,
user fees are hereby imposed upon each and every developed lot, parcel
of land, building or portion thereof that is connected with, uses,
is serviced by or is benefitted by the City of New Castle's stormwater
management system, either directly or indirectly, and upon the owner(s)
of such developed lots, parcels of land or buildings. Such user fees
shall be payable to the New Castle Sanitation Authority by and collected
from the owners, users or residents of such developed lots, parcels
of land or buildings as hereinafter provided, and shall be determined
as set forth below.
(a) Single-family detached residential dwellings shall be charged for
one standard fee for each individual dwelling unit. The charge per
single-family detached residential dwellings shall be set at $72 per
program year. The charge per user fee may be adjusted as determined
by City council.
(b) The charge for all other developed non-single-family detached parcels
within the City of New Castle shall be based upon the number of square
feet of measured impervious surface, as determined through aerial
photography and surface feature evaluation processes, expressed in
whole or partial ECUs by rounding to the next highest tenth of 1%
ECU. For example: If the ECU calculation totaled 3.06 ECUs, the total
would be rounded to 3.1 ECUs. The charge for one ECU shall be set
at $60 per program year. The charge for said properties shall be computed
by multiplying the number of ECUs for a given parcel by the unit rate
established by the City of New Castle. In no event shall any such
parcel be charged less than one ECU. In no event shall any developed
non-single-family detached parcel within the City of New Castle be
charged more than $15,000 per program year, regardless of the number
of ECUs calculated for said parcel. The charge per ECU may be adjusted
as determined by City council. The charge for said properties may
be equally divided and billed in relation to the number of water meters
attached to said property.
(c) Notwithstanding the foregoing, public streets shall be exempt from
user fees under this article.
[Ord. 8258, passed 12-21-2017]
User fees shall be assessed, imposed, liened and collected as
to all owners, lots, parcels, buildings, units, residents and users.
[Ord. 8258, passed 12-21-2017]
References in this article to "use," "user," "unit" or portion
of a lot, parcel or building with respect to the calculation and assessment
of user fees shall not be construed to modify or alter the fact that
the fees imposed by this article are assessed to the owner of each
developed lot, parcel, and building and such owner shall be and remain
liable for payment of the same, whether or not such owner occupies
the property or directly uses the stormwater management system. The
City of New Castle may also hold "users" and "residents" responsible
for user fees. Nothing in this article shall be construed to prohibit
or limit an owner's ability to collect by lease or contract sums
due by a tenant or other occupier of the owner's property, but
such lease or contract shall not bind the City of New Castle or limit
in any way the City of New Castle's authority to impose, assess,
lien and collect stormwater user fees.
[Ord. 8258, passed 12-21-2017]
The user fees fixed and established by this article shall be
effective as to all lots, parcels, buildings or portions thereof that
use, are served or are benefitted by the stormwater management system
existing as of the effective date of the ordinance codified in this
article, and shall be effective to all other lots, parcels, buildings
or portions thereof that use or are so served or benefit subsequent
to the effective date of the ordinance codified in this article. User
fees imposed by this article shall be assessed and billed by the New
Castle Sanitation Authority, the City of New Castle, or its designee,
effective as of January 1st each calendar year and will be divided
by 12 and billed on a monthly basis.
[Ord. 8258, passed 12-21-2017]
A penalty of 5% of the user fees assessed and not paid within
the applicable time period shall be added for nonpayment within the
time allowed.
[Ord. 8258, passed 12-21-2017]
The New Castle Sanitation Authority, as designee for the City
of New Castle shall utilize all collection means necessary to recoup
delinquent user fees, including all remedies available to the New
Castle Sanitation Authority pursuant to the Municipal Authorities
Act. All costs associated to collection of delinquent user fees, including
reasonable attorney fees, shall be added to the delinquent amount.
[Ord. 8258, passed 12-21-2017]
In accordance with the Municipal Claims Act, 53 P.S. Section
7101 et seq. (as amended), all rates, charges, penalties, interest,
collection fees, lien filing and satisfaction fees and other charges
imposed 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.
[Ord. 8258, passed 12-21-2017]
The City shall establish a credit policy and develop a manual
documenting the credit process. Credits against user fees are an appropriate
means of adjusting user fees and, under some circumstances, to account
for applicable mitigation measures. Upon adoption by council, credit
mechanisms shall be incorporated herein as the City of New Castle
stormwater user fee credit manual, which may be updated or revised
as needed in council's discretion. No exception, credit, offset,
or other reduction in user fees shall be granted based on age, race,
tax status, economic status or religion of the customer, or other
condition unrelated to the demand for and cost of services provided
by the City of New Castle.
[Ord. 8258, passed 12-21-2017]
(a) Any owner who believes the provisions of this article have been applied
in error may appeal in the following manner and sequence:
(1)
An appeal of the rate and charge must be filed in writing with
the Administration or his/her designee on or before September 30th
of the calendar year the charge is mailed or delivered to the property
owner. Any appeal must state the reasons for the appeal.
(2)
Using information provided by the appellant, the Administration
(or his/her designee) shall conduct a technical review of the conditions
on the property and respond to the appeal in writing within 30 days.
In response to an appeal, the Administration may adjust the user fees
applicable to the property in accordance with the provisions of this
article and related policies and procedures.
(3)
Any person aggrieved by any decision of the Administration,
relevant to the provisions of this article, may appeal to the Lawrence
County Court of Common Pleas within 30 days of receipt of such written
decision.
[Ord. 8258, passed 12-21-2017]
(a) The City of New Castle may by resolution adopt such policies and
procedures as it deems appropriate to ensure collection of rates and
charges assessed and imposed pursuant to this article. Without limitation,
collection procedures may include referral of delinquent accounts
to a collection agency; filing of liens; scire facias sur municipal
lien proceedings to collect filed liens; remedies available to the
New Castle Sanitation Authority pursuant to the Municipal Authorities
Act; and any and all other measures or combination thereof which the
City may deem appropriate.
(b) All costs of such collection procedures, including but not limited
to fees for filing, perpetuation and satisfaction of liens, collection
fees, attorney's fees, court costs, litigation expense, and charges
for service of documents, shall upon being incurred by the City of
New Castle be imposed as a charge for nonpayment and added to the
balance due on said owner's account.
(c) No lien shall be satisfied, nor shall any collection proceeding be
discontinued, until all amounts due on an account, including user
fees, penalties, interest, collection fees, attorney's fees,
court costs and other charges are first paid in full to the City of
New Castle in the discretion of the City.
(d) Council is authorized to adopt any policies or procedures that the
Administration recommends and deems necessary or convenient to interpret
or implement this article. This may include the creation of an advisory
rate review and/or stormwater advisory review committee.
[Ord. 8258, passed 12-21-2017]
The funds received from the collection of the user fees authorized
by this article shall be deposited into the New Castle Sanitation
Authority, a fund and account dedicated to the operation, administration,
maintenance, repair and improvement of the stormwater management system.
[Ord. 8258, passed 12-21-2017]
Nothing in this article or in the design, operation or maintenance
of the stormwater management system shall be deemed to constitute
a warranty, express or implied, nor shall it afford the basis for
any action seeking the imposition of money damages against the City
of New Castle, the New Castle Sanitation Authority, its officers,
employees, or agents. The City of New Castle expressly reserves the
right to assert all available immunities and defenses in any action
seeking to impose monetary damages upon the City of New Castle, its
officers, employees and agents arising out of any alleged failure
or breach of duty or relationship as may now exist or hereafter be
created.