[Ord. No. 1066, 2/16/2021]
The Board of Supervisors finds that an adequate, sustainable
source of revenue for stormwater management is necessary to protect
the general health, safety, and welfare of the residents of the Township.
Further, the Board of Supervisors finds that higher amounts of impervious
area contribute greater amounts of stormwater runoff and associated
pollutants to the stormwater management system. Therefore, the Board
of Supervisors determines that it is in the best interest of the public
to enact a stormwater utility fee that allocates stormwater management
program costs to property owners based on impervious area.
[Ord. No. 1066, 2/16/2021]
As used in this Part, the following terms shall have the meanings
indicated:
Properties that meet the definition of "agricultural use"
as defined in Section 2 of the Act of December 19, 1974, known as
the "Pennsylvania Farmland and Forest Land Assessment Act of 1974,"[1] regardless of whether the area is comprised of more than
one deeded tract.
A parcel that contains an impervious area equal to or greater
than 500 square feet.
Refers to the Director of Public Works or his/her designee.
The basic unit for the computation of stormwater program
fees. An ERU is based on the analysis of all single-family detached
residential properties within the Township and is the value of impervious
area found on the median. It is 3,097 square feet of impervious area.
The ERU billing unit of 3,097 square feet is used to calculate the
stormwater utility fee for each parcel of developed property within
the Township.
A surface that prevents the percolation of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to, roofs; additional indoor living spaces, patios, garages, storage
sheds and similar structures; and any new streets or sidewalks. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they do not prevent infiltration. Gravel or crushed stone shall
be considered impervious area when designed or primarily utilized
to support vehicular traffic. The Director may develop specifications
for the mapping of impervious area for the purpose of this Part, including
the establishment of a uniform threshold under which a contiguous
unit of impervious area is considered de minimis and not subject to
mapping.
Any person, individual, firm, corporation, entity, institution,
partnership, trust, company, association, government agency, society,
or group owning real property in the Township.
Property which has been assigned a Residential Land Use designation
by the County of Centre Assessment and Tax Claim Office as "R" (Residential)
except those properties, or portions thereof, which are being used
for non-single-family detached residential purposes which include,
but are not limited to, apartments, boarding houses, hotels and motels,
churches, industrial properties, commercial and retail properties,
manufactured home or mobile home parks, commercial and office buildings,
storage areas, parking lots, private roadways, common areas as part
of a condominium and/or planned community, 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.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
The activities of the Township necessary to operate, maintain,
enhance, and expand the stormwater management system and the activities
necessary to carry out the Township's municipal separate storm sewer
system (MS4) permit and the stormwater-related provisions of the Stormwater
Management Ordinance.[2]
The system of runoff avoidance, infiltration, collection,
and conveyance, including storm sewers, curbs, pipes, conduits, mains,
inlets, culverts, catch basins, gutters, ditches, channels, detention
ponds, streets, drains, and all devices, appliances, and stormwater
management practices and facilities used for collecting, conducting,
pumping, conveying, detaining, infiltrating, reducing, managing, avoiding
generation of, and treating stormwater.
Refers to the Township Manager or his/her designee.
[Ord. No. 1066, 2/16/2021]
1.
A stormwater utility fee shall be imposed on every developed parcel in the Township that appears in the Centre County parcel database as of October 31 of each year. All stormwater utility fees shall be deposited into the Stormwater Management Fund of the Township described in § 1-1404.
2.
The rate per billing unit to be used for calculating the stormwater
utility fee shall be established by resolution of the Board of Supervisors
and shall be reviewed annually.
[Ord. No. 1066, 2/16/2021]
The Stormwater Management Fund is established as a separate
enterprise fund of the Township, which shall be used solely to cover
the cost of the Township's stormwater management program and maintaining
the stormwater management system in the Township. The fund shall consist
of revenue generated by the stormwater utility fee and other deposits
that may be made from time to time by the Board of Supervisors, including
but not limited to federal or state grants and revenue from the sale
of bonds. All interest or other income derived from stormwater utility
fees shall remain or otherwise be deposited into the fund.
[Ord. No. 1066, 2/16/2021]
1.
Unless otherwise specified in this Part, the stormwater utility fee
for each SFDR parcel shall be calculated in the following manner:
A.
Determine the location of the parcel as either within or outside
of the regional growth boundary;
B.
Determine the product of one ERU and the appropriate rate established
by resolution of the Board of Supervisors for parcels within or outside
the regional growth boundary; and
C.
Deduct any credits or exemptions for which the parcel qualifies.
2.
Unless otherwise specified in this Part, the stormwater utility fee
for each non-SFDR parcel shall be calculated in the following manner:
A.
Determine the location of the parcel as either within or outside
of the regional growth boundary;
B.
Determine the impervious area of the parcel in square feet;
C.
Divide the impervious area of the parcel by 3,097 square feet to
determine the number of ERUs assigned to the parcel;
D.
Round the resulting calculation using natural rounding to determine
the whole number of ERUs;
E.
Multiply the number of ERUs by the rate established by resolution
of the Board of Supervisors for parcels within or outside the regional
growth boundary, to obtain the stormwater utility fee for the parcel;
and
F.
Deduct any credits or exemptions for which the parcel qualifies.
3.
Impervious area held in common ownership shall be calculated using the methodology in § 1-1405, Subsection 2, above. The resulting stormwater utility fee will then be divided equally among parcels sharing common ownership. The Township Manager may, on a case by case basis and at the request of an association representing the owners of the property under common ownership or the recommendation of the Director, implement alternative methodology for dividing the stormwater utility fee, including but not limited to an established par value.
4.
Stormwater Fee Calculation for Exempt Properties. Properties which are deemed eligible for a full or partial exemption as provided for in § 1-1407 shall have their fees calculated as described in the appropriate exemption policy. Unless otherwise noted, it shall be the responsibility of the property owner to request an exemption and demonstrate eligibility.
[Ord. No. 1066, 2/16/2021]
1.
The Board of Supervisors shall adopt by resolution a stormwater management program credit policy manual for reductions in the stormwater utility fee in recognition of practices that are targeted to reduce the cost of the Township's stormwater management program. The types and amounts of credits are at the sole discretion of the Board of Supervisors. The credits shall be applied after determination of the stormwater utility fee in accordance with § 1-1405, above.
2.
The Director shall develop written policies and procedures necessary
to implement the system of credits. These policies and procedures
shall include, but not be limited to, provisions to reduce or eliminate
the amount of credit to a property owner if the Director determines
that the BMP or credit feature or practice is not functioning as intended.
3.
The revenue source for the implementation of any credits established
by the Board of Supervisors shall be separate and distinct from the
stormwater management utility fee and shall be deposited by the Township
from the General Fund into the Stormwater Fund. Nothing shall prevent
the Board of Supervisors from modifying or eliminating any established
credits. Any such modification or elimination may apply to beneficiaries
of existing credit(s) at the discretion of the Board of Supervisors.
[Ord. No. 1066, 2/16/2021]
1.
The Board of Supervisors may adopt by resolution as part of the stormwater
management utility fee policies and procedures a hardship policy that
reduces or eliminates the stormwater management utility fee for a
property owner who demonstrates financial hardship as a result of
the imposition of the stormwater management utility fee.
2.
The Board of Supervisors may adopt by resolution as part of the stormwater
management utility fee policies and procedures a policy to reduce
the stormwater management utility assessed to agricultural properties
whose total area of impervious surface does not exceed 30% of the
property's total land area to a fee that does not exceed twice the
median assessment fee imposed on all other properties in the township.
Dwelling units on agricultural lots shall be assessed separately.
3.
4.
The revenue source for the implementation of any exemptions established
by the Board of Supervisors shall be separate and distinct from the
stormwater management utility fee and shall be deposited by the Township
from the General Fund into the Stormwater Fund. Nothing shall prevent
the Board of Supervisors from modifying or eliminating any established
exemptions. Any such modification or elimination may apply to beneficiaries
of an existing exemption at the discretion of the Board of Supervisors.
[Ord. No. 1066, 2/16/2021]
1.
The stormwater utility fee shall be billed each year on or before March 1 to the record owner of each parcel subject to the fee in combination with bill for real estate taxes. If the property owner is making real estate tax payments on an installment basis as authorized in this ordinance, then the stormwater utility fee will be collected on the same schedule. Any portion of a stormwater utility fee that is unpaid as of the subsequent December 31st of each year the property owner or agent was billed shall be considered delinquent except if the unpaid stormwater utility fee is subject to an appeal in accordance with § 1-1409.
2.
The penalty assessed for delinquent fees will be 1.5% per month.
3.
In addition to any penalty assessed in Subsection 2 above, any cost or fee incurred by the Township in conjunction with the collection of a delinquent fee shall be the responsibility of and paid by the owner of the subject parcel.
4.
A delinquent fee, along with cumulative penalties and collection
costs or fees, shall constitute a lien on the parcel ranking on a
parity with liens for unpaid real estate taxes and shall be handled
in the same manner as provided for the collection of municipal liens.
5.
For properties exempt from the assessment of municipal liens, the
Township reserves all rights pursuant to law to collect any delinquent
fees.
[Ord. No. 1066, 2/16/2021]
1.
Any owner of a parcel who believes the provisions of this Part have
been applied in error may appeal in accordance with this section,
provided, however, that grounds for appeal are limited to the following:
A.
An error was made regarding the square footage of the impervious
area attributed to the parcel;
C.
There is a mathematical error in calculating the stormwater utility
fee;
D.
The identification of the parcel owner invoiced is in error; and/or
E.
Disputes over the application or qualification of credits.
2.
The parcel owner shall complete and submit to the Township Manager
a stormwater utility fee appeal form in a format approved by the Township
within 30 days of the charge being mailed or otherwise issued to the
owner ("appeal date"). A Hearing Officer, designated by the Director,
shall review the appeal for completeness and make a determination
within 15 calendar days. In the event that the Hearing Officer finds
that the appeal is incomplete, the Hearing Officer shall offer the
owner 30 calendar days from the determination that the appeal is incomplete
to supply the missing information. If all information requested is
not provided within the 30 calendar days, the petition for appeal
shall be deemed to have been withdrawn.
3.
Once the appeal has been determined to be complete, the Hearing Officer
shall conduct a technical review of the alleged error and respond
to the owner in writing within 30 calendar days. The Hearing Officer
may deny the appeal or adjust the stormwater utility fee if it is
found to be in error.
4.
A decision by the Hearing Officer that is adverse to the appellant may be further appealed to the Township Manager within 30 days of the determination being mailed or otherwise issued to the owner. The Township Manager shall review the determination of denial made by the Hearing Officer and either affirm, reject, or modify the determination. The Township Manager's determination will be provided to the owner in writing by certified or registered mail within 30 calendar days of receiving the denial appeal request. The Township Manager's decision shall constitute the official municipal action subject to appeal as provided in Subsection 5.
5.
Any person aggrieved by a decision of the Township Manager may further
appeal to the Centre County Court of Common Pleas within 30 days of
receipt of such written final decision.
6.
If payment is not made within 15 calendar days after the expiration of the owner's right to appeal in accordance with this section or December 31 of each year, whichever date is later, or a decision that is adverse to the owner made by the Centre County Court of Common Pleas, the unpaid fee shall be considered delinquent and subject to the provisions of § 1-1408, Subsections 2 through 4.
[Ord. No. 1066, 2/16/2021]
1.
The Board of Supervisors may by resolution adopt such policies and
procedures it deems appropriate to ensure collection of stormwater
utility fees imposed pursuant to this Part.
2.
The Director may implement such administrative procedures necessary
to implement the requirements set forth in this Part.
[Ord. No. 1066, 2/16/2021]
Any and all previous ordinance(s) or parts thereof which are
inconsistent with the terms and provisions of this Part are hereby
repealed.
[Ord. No. 1066, 2/16/2021]
If any section, subsection, sentence, clause, phrase, provision,
or portion of this Part 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 Part.
[Ord. No. 1066, 2/16/2021]
This Part shall become effective on January 1, 2022.
