[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-9-2018 by Ord. No. 2689]
A.
The Municipality incurs a significant cost to operate a stormwater
management system.
B.
Inadequate management of accelerated stormwater runoff throughout
the various watersheds of the Municipality increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and Storm sewer systems, 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 and safety.
C.
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 streambeds 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 recharge,
which also protects and maintains surface water quality.
D.
A comprehensive program of stormwater management is fundamental to
the public health, safety, welfare and the protection of the residents
of Municipality, their resources and the environment in order to control
items such as flooding, erosion and water pollution.
E.
The collection and conveyance system for stormwater includes underground
pipes, conduits, inlets, culverts, catch basins, gutters, ditches,
channels, detention ponds, streets, curbs and drains.
F.
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 runoff volume and pollution in the stormwater.
G.
These three factors all relate to and are driven by impervious surface
since peak flow, total runoff volume and pollution all increase greatly
after a property is developed.
H.
Peak flow occurs most often during periods of intense rainfall and/or
when the ground is saturated or is arid.
I.
Because of the effect of weather on stormwater, no developed property
can always accept stormwater and all developed properties therefore
generate stormwater runoff.
J.
In a developed urban environment such as the Municipality, each developed
property generates runoff and therefore uses or is in some fashion
connected with, serviced by or benefitted by the storm sewer system,
which normally functions by collecting stormwater from a property
and/or by preventing stormwater from entering another property.
K.
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 the water.
L.
Impervious surface is a primary indicator of the generation of stormwater
and usage of the storm sewer system.
M.
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.
N.
The Municipality desires to establish fair and equitable user charges
to assure that each property and recipient of services within the
Municipality of Monroeville 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 Municipality.
O.
Federal and state regulations (including those found at 40 CFR Part
122) require the Municipality to implement a program of stormwater
controls. The Municipality is required to obtain a permit for stormwater
discharges from its municipal separate storm sewer system (MS4) under
the National Pollutant Discharge Elimination System (NPDES).
P.
The charges as determined herein are fair and equitable and are based
upon the following assumptions:
(1)
A minimum fee per residential unit is reasonable.
(2)
The basis for the equivalent residential unit of 2,385 square feet
of impervious surface was based on the average size of existing homes
and their associated impervious areas.
(3)
The standardized charge for single-family dwellings is based on the
fact that there is not a great deal of variation in size nor any substantial
manner to control stormwater runoff on residential properties.
(4)
The monthly charge per equivalent residential unit (ERU) is based
upon both the size of the building, all accessory structures and all
other impervious surfaces, including parking areas, driveways and
walkways.
As used in this article, the following terms shall have the
meanings indicated:
A single residential building housing two single-family attached
residences each with their own entrance from the outside on the same
property, generally two units sharing a common wall. A duplex can
be distinguished from a townhome in that each residence of a townhome
is on a separate property.
The measure of impervious surface for a typical single-family
detached residential structure and associated hardscapes (sidewalks,
driveway, etc.) which shall be used in assessing the fees for each
non-single-family residential property and which has been decided
based on GIS analysis to be 2,385 square feet.
Those hard surface areas which prevent or slow the entry
of water into the soil in the manner that such water entered the soil
under natural conditions existing prior to the 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
prior to development, including, without limitation, such surfaces
as rooftops, asphalt, concrete, pavers, driveways, parking lots, streets,
walkways, patio areas, storage areas or other surfaces which similarly
affect the natural infiltration or runoff patterns existing prior
to development.
The portion of the storm sewer system owned by the Municipality.
This distinction is necessary as Allegheny County, the Pennsylvania
Department of Transportations, the Pennsylvania Turnpike Commission,
Gateway School District, and many other entities also own and/or operate
storm sewer systems within the Municipality's boundaries.
Multiple separate single-family residences which are located
on the same piece of property.
Municipality of Monroeville, Pennsylvania, a Home Rule Charter
Municipality.
Any property that does not fit the definition of duplex property,
multiple single family residences property, right-of-way, single family
residential property, single family residential accessory property,
or vacant property. Generally speaking, apartment buildings, commercial
buildings, industrial buildings, schools, churches, government buildings
and other similar structures.
The associated costs of equipment and facilities, energy,
manpower, materials, property acquisition, transportation and services
required to collect, convey, detain, pump and transport stormwater,
flood protection, keep equipment and facilities functioning satisfactorily
and economically, administer the Monroeville storm sewage system and
shall include sums paid to defray costs of the Municipality's improvements
to storm sewer systems.
Any person, firm, corporation, individual, partnership, company,
association, society or group owning real property in Monroeville.
For purposes of this article, the Municipality shall rely on the Allegheny
County Department of Real Estate for ownership information.
A piece of land or real estate which is real property and
which has/will have assigned to it an Allegheny County Parcel ID number.
For purposes of this article, the Municipality shall rely on the Allegheny
County Department of Real Estate for property information.
Sums assessed, imposed and to be collected from each property
which uses, benefits from or is serviced by the Monroeville storm
sewer system or which discharges stormwater, directly or indirectly,
into the Monroeville storm sewer system for the use of and the service
rendered and improvement of such system.
The associated costs of obtaining and installing equipment,
accessories or appurtenances which are necessary during the service
life of the Monroeville storm sewer 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 storm
sewer system.
A right-of-way consists of land utilized for public infrastructure
such as roads and railroads. Generally, rights-of-way for roads are
not treated as real property and thus are not assigned Parcel ID numbers
by the Allegheny County Department of Real Estate; however, this may
not always be the case.
A property which has impervious area where such impervious
area serves as an accessory to an adjacent single-family residential
property. Such instances may include but are not limited to sheds
or driveways which exist wholly or partially on a property adjacent
to the property on which the home is located.
A developed property which serves the primary purpose of
providing a permanent dwelling unit to a single family, including
associated accessory structures. This includes single-family detached
homes (traditional homes) as well as single-family attached homes
(townhomes). The existence of a home-based business does not violate
this definition so long as the primary purpose of the property complies
with the first sentence of this definition.
The system of collection and conveyance, including pipes,
conduits, main lines, inlets, culverts, catch basins, gutters, ditches,
channels, detention ponds, streets, curbs, drains and all devices,
appliances and facilities appurtenant thereto, used for collecting,
conducting, pumping, conveying, detaining and/or treating stormwater.
Includes runoff water from all precipitation events, snowmelt
and springs.
Any person, firm, corporation, individual, partnership, company,
association, society or group using, benefitting from or being served
by the Monroeville storm sewer system.
A property which has no impervious area.
A.
For the use of, benefit by and the services rendered by the Monroeville
storm sewer system, including its operation, maintenance, repair,
replacement and improvement of said system and all other expenses,
rental, rates and charges are hereby imposed upon each and every property
that is connected with, uses, is serviced by or is benefited by the
Monroeville storm sewer system, either directly or indirectly, and
upon the owner(s) of such properties. Such rental, rates and charges
are imposed January of each year. Such rental, rates and charges shall
be payable to the Municipality by and collected from the owners of
such properties as hereinafter provided, and shall be determined as
set forth below:
B.
The current per-ERU charge shall be as established in the prevailing
municipal fee schedule.
C.
The per-ERU charge was based upon dividing the forecasted budget
of expenditures by the total number of ERUs in the Municipality and
rounding that figure up to the nearest integer dollar value. This
is important to demonstrate that the per-ERU charge is based on the
Municipality's actual budgetary needs.
D.
The Municipality reserves the right to amend the per-ERU fee from
time to time by ordinance as necessary to match the fee revenue to
the budget expenditures.
A.
For purposes of determining the stormwater user's fees, all properties
within the Municipality have been classified into the one of the following
classes, with the fee determined in accordance with the category:
(1)
Duplex property. The property owner will receive one bill for two
ERUs. The property owner will be responsible for paying the entire
fee via a single payment. The Municipality will have no involvement
in the proration of the fee between tenants/families.
(2)
Multiple-single-family residences property. The property owner will
receive one bill charging one ERU per home on the property. The property
owner will be responsible for paying the entire fee via a single payment.
The Municipality will have no involvement in the proration of the
fee between tenants/families.
(3)
Not-single-family-residential property. The property owner will receive
one bill for a number of ERUs based upon the number of square feet
of measured impervious surface, as determined through aerial photography,
surface feature evaluation processes, or other methods of quantification
(including but not limited to field survey, remote sensing, etc.),
expressed in whole ERUs by rounding down to the next lowest integer
ERU. The property owner will be responsible for paying the entire
fee via a single payment. The Municipality will have no involvement
in the proration of the fee between tenants/families.
(4)
Right-of-way. This property will be exempt from rental, rates and
charges under this article, including the following; Municipality
roads, county roads, state roads, federal roads or Pennsylvania Turnpike
Commission roads. Note that private roads are not exempted from the
fee.
(5)
Single-family-residential property. The property owner will receive
one bill charging one ERU.
(6)
Single-family-residential-accessory property. The property owner
will receive one bill charging 0.5 ERU.
(7)
Vacant property. The property owner will receive one bill charging
0.25 ERU.
B.
The Municipality reserves the right to change the classification
of a property over time if the change in usage of the property dictates
or based on the results of appeals.
Rental, rates and charges shall be assessed, imposed, liened
and collected as to all property, owners, lots, parcels, building
units and users.
References in this article to "use," "user," "unit" or portion
of a property, lot, parcel or building with respect to the calculation
and assessment of storm sewer rental, rates and charges shall not
be construed to modify or alter the fact that storm sewer rental,
rates and charges shall be assessed and imposed upon the property
pursuant to 53 P.S. § 7106 et seq., as may in the future
be amended, and the owner of each property against which storm sewer
rental, rates and charges are imposed and assessed under this article
shall be and remain liable for payment of the same, whether or not
such owner occupies the property. 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 Municipality
or limit in any way the Municipality's authority to impose, assess,
lien and collect storm sewer rental, rates and charges.
The rental, rates and charges fixed and established by this
article shall be effective as to all properties that use, are served
or are benefited by the Monroeville storm sewer system existing as
of the effective date of this article and shall be effective to all
other properties thereof that use or are so served or benefit subsequent
to the effective date of this article. Rental, rates and charges imposed
by this article shall be assessed and billed by the Municipality or
its designated agent. An invoice shall be prepared and mailed on or
before the first business day of January of each year as to calendar
billing to the owner of each premises served by the Monroeville storm
sewer system. For the year 2019, such fees shall be payable at a discount
of 2% if paid or before March 31, 2019, and at the face amount until
December 31, 2019. Beginning in year 2020 and every year thereafter,
the fee shall be payable at a discount of 2% if paid on or before
March 31, and at the face amount if paid on or before June 30. The
rental, rates and charges assessed and collected will not be subject
to proration or refund by Monroeville in the event a property is sold;
provided, however, that this sentence shall not bind a buyer and seller
from making their own proration of any rental, rates and charges assessed
hereunder.
Effective on July 1, 2020, and every year thereafter, a late
fee penalty of 10% shall be assessed for that calendar year and shall
be added to the amount due for nonpayment within the time allowed.
In accordance with the Municipal Claims and Tax Liens Act, 53
P.S. § 7101 et seq. (as amended), all rental, rates and
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.
Credits against rental, rates and charges are an appropriate
means of adjusting fees, rates, rental, charges, fines and penalties,
under some circumstances, to account for applicable mitigation measures.
Credit mechanisms are attached hereto as Exhibit A.[1] No exception, credit, offset, or other reduction in rental,
rates and charges shall be granted based on age, race, tax status,
political affiliation, economic status or religion of the customer,
or other condition unrelated to the demand for and cost of services
provided by the Municipality.[2]
Any owner who believes the provisions of this article have been
applied in error may appeal in the following manner and sequence:
A.
An appeal of a rental, rate and charge must be filed, in writing,
with the Municipal Manager (or his/her designee) within 30 days of
the charge being mailed or delivered to the property owner. Any appeal
must state the reason for the appeal on the standard form provided
by the Municipality. An appeal of any matter not directly related
to a rental, rate and/or charge shall be made directly to common pleas
court pursuant to the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
Using information provided by the appellant, the Municipal Manager
(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 Municipal Manager may adjust the rental,
rate and charge applicable to the property in accordance with the
provisions of this article.
C.
Following the adoption of this article, there shall be established
by appropriate legislative action a Monroeville Pollution Control
and Flood Reduction Board of Appeals (the "Board of Appeals"). The
Board of Appeals shall consist of three residents of the Municipality,
each of whom shall have at least 10 years' experience in the fields
of building construction, plumbing and or civil engineering, as determined
by the Municipal Council. The initial members of the Board of Appeals
shall be appointed to serve a one-year term; a two-year term; and
a three-year term, respectively. Following the appointment of the
initial members to the Board of Appeals, all members appointed to
the Board of Appeals shall serve terms of three years, and shall be
subject to the rules and regulations pertaining to appointments to
boards and commissions set forth in the Municipality's Home Rule Charter.
D.
The Board of Appeals shall hear and decide appeals made by property
owners from decisions of the Municipal Manager. Such appeals from
the decision of the Municipal Manager shall be made to the Board of
Appeals, in writing, to the office of the Municipal Manager on the
prescribed form within 30 days of the date of the adverse decision
from the Municipal Manager. The Board of Appeals shall hold a hearing
within 90 days of the date the appeal is received by the Municipal
Manager. The Board of Appeals shall issue a written decision on the
appeal to the property owner within 30 days of the date of the final
hearing on said appeal. Decisions of the Board of Appeals shall be
mailed to the property owner at the address listed on the appeal application
or, if no address is listed, the registered address listed on the
Allegheny County website.
E.
A decision of the Board of Appeals that is adverse to the property
owner may be further appealed to the Allegheny County Court of Common
Pleas within 30 days of date of the adverse Board of Appeals written
decision pursuant to the Pennsylvania Local Agency Law.
A.
The Municipal Council may by resolution adopt such policies and procedures
as it deems appropriate to ensure collection of storm sewer system
rental, rates and charges assessed and imposed pursuant to this article.
Without limitation, collection procedures may all lawful mechanisms
for the collection of delinquent municipal fees available pursuant
to applicable Pennsylvania law, and any and all other appropriate
measures or combination thereof which the Municipal Council 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, attorneys' fees, court costs, litigation expense, and charges
for service of documents, shall upon being incurred by the Municipality
be imposed as a charge for nonpayment and added to the balance due
on said owner's account. Such charges are enumerated on the prevailing
schedule of municipal fees and costs. The Municipality shall be entitled
to all legal and equitable remedies available to the Municipality
with respect to the collection of unpaid amounts assessed pursuant
to this article.
C.
No lien shall be satisfied, nor shall any collection proceeding be
discontinued, until all amounts due on an account, including rental,
rates, penalties, interest, collection fees, attorneys' fees, court
costs and other charges are first paid in full to the Municipality.
D.
The Municipal Manager is authorized to adopt any policies or procedures
that the Municipal Manager deems necessary or convenient to interpret
or implement this article.
The funds received from the collection of the rental, rates
and other charges authorized by this article shall be deposited into
a Pollution Control and Flood Reduction Fund, a restricted fund account
hereby created and dedicated to the operation, administration, maintenance,
repair and improvement of the Monroeville storm sewer system and paying
operation, maintenance and capital costs.
Nothing in this article or in the design, operation or maintenance
of the storm sewer system shall be deemed to constitute a warranty,
express or implied, nor shall it afford the basis for any action seeking
the imposition of monetary damages against Monroeville, its officers,
employees, or agents. The Municipality expressly reserves the right
to assert all available immunities and defenses in any action seeking
to impose monetary damages upon the Municipality, its officers, employees
and agents arising out of any alleged failure or breach of duty or
relationship as may not exist or hereafter be created.
It is hereby declared as the legislative intent of the Municipal
Council that the chapters, parts, sections, paragraphs, sentences,
clauses or phrases of this article are severable. If any chapter,
part, section, paragraph, sentence, clause or phrase of this article
is declared unconstitutional, illegal or otherwise invalid by the
judgment or decree of a court of competent jurisdiction, that invalidity
shall not affect any of the remaining chapters, parts, sections, paragraphs,
sentences, clauses or phrases of this article.
All ordinances or parts of ordinances in conflict with this
article or any provisions thereof are repealed to the extent of such
conflict.
This article shall become effective on January 1, 2019, and
shall remain in force until amended or repealed by the Municipal Council.
