[Adopted 11-21-2022 by Ord. No. 2022-13]
A. 
The City of Lock Haven 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 Lock Haven, their property, resources, and the environment in order to control items such as flooding, erosion and pollution.
C. 
In a quasi-urban environment such as the City of Lock Haven, each property uses or is in some fashion connected with, serviced by, or benefitted by the public stormwater management system.
D. 
Impervious surface is a primary characteristic of a property's generation of stormwater and usage of the stormwater management system.
E. 
The City of Lock Haven desires to establish fair and equitable user charges to assure that each lot, developed parcel, building and recipient of services within the City of Lock Haven 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 Lock Haven.
F. 
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 detailed statistical analysis and measurement of all properties in the City of Lock Haven by the City Engineer; 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.
G. 
The City of Lock Haven has the ability to assess charges for maintenance of a stormwater management system, as no obvious prohibition exists under the Optional Third Class City Charter Law, Act of 1957, July 15, 1957, P.L. 901,[1] on a third class city proceeding under an optional charter plan from enacting said stormwater management charges.
[1]
Editor's Note: See 53 P.S. § 41101 et seq.
A. 
Words and terms used in this subarticle 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 Lock Haven, if any, and shall otherwise be given their ordinary and common meaning.
B. 
For purposes of this subarticle, the following words and terms shall be defined as set forth below:
DEVELOPED PARCEL
A parcel altered from a natural state that contains any impervious surface.
EQUIVALENT RESIDENTIAL UNIT (ERU)
The measure of impervious ground cover for a typical single-family detached residential parcel and which has been determined to be 3,100 square feet in the City of Lock Haven based on a detailed statistical evaluation used in assessing the fees for each parcel of property.
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.
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, boardinghouses, 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.
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 Lock Haven's improvements to the stormwater management system.
OWNER
Any person, firm, corporation, individual, partnership, trust, company, association, government agency, society or group owning real property in the City of Lock Haven.
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.
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 Lock Haven.
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 townhomes.
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.
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.
UNDEVELOPED PARCEL
A parcel that does not meet the definition of "developed parcel."
USER
Any person, firm, corporation, individual, partnership, company, association, government agency, educational institution of any type or grade, society or group using, benefitting from or being served by the public stormwater management system.
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.
A. 
Primary authority. The City of Lock Haven 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. § 680.1 et seq., as amended, the "Storm Water Management Act," and the Optional Third Class City Charter Law, Act of 1957, July 15, 1957, P.L. 901.[1] The City of Lock Haven 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,[2] as amended. See also Environmental Protection Agency, Region III, Funding Storm Water Programs, January 2008, EPA 833-F-07-012.
[1]
Editor's Note: See 53 P.S. § 41101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
No obvious prohibition exists on the City of Lock Haven under the Optional Third Class City Charter Law, Act of 1957, July 15, 1957, P.L. 901, from enacting stormwater management fees and charges.
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 Lock Haven'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 City of Lock Haven 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 $25 per quarter. The charge per user fee may be adjusted, from time to time, as determined by resolution of City Council.
B. 
The charge for all other developed non-single-family detached parcels within the City of Lock Haven 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 ERUs by rounding to the next highest tenth of 1% ERU. For example, if the ERU calculation totaled 3.06 ERUs, the total would be rounded to 3.1 ERUs. The charge for one ERU shall be set at $25 per quarter. The charge for said properties shall be computed by multiplying the number of ERUs for a given parcel by the unit rate established by the City of Lock Haven (currently 3,100 square feet/ERU). In no event shall any such parcel be charged less than one ERU. The charge per ERU 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 only as provided for § 343-7.
C. 
Notwithstanding the foregoing, public streets shall be exempt from user fees under this article.
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 Lock Haven 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 Lock Haven or limit in any way the City of Lock Haven's authority to impose, assess, lien and collect stormwater user fees.
A. 
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 City of Lock Haven, or its designee, effective as of January 1 each calendar year and will be divided by four and billed on a quarterly basis.
B. 
In the case where a single lot, parcel, or building or portion thereof is a residential rental unit registered with the City consisting of a total of three or fewer units, the landlord may make request, in writing, to the City Manager that the quarterly fee be added to the existing utility billing for water/sewer if that billing is already administered by the City. In any such case, the provisions of § 343-6 remain in effect, and it is the owner who shall remain liable for the payment. If the necessity to round numbers to nearest whole penny exists, the City shall do so to ensure that all units are charged the same rate, even if rounding results in a slight overpayment of up to two cents to the benefit of the City. Properties of four or more residential rental units are considered commercial in nature under the City Code and cannot be accommodated under this section.
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.
The City of Lock Haven shall utilize all collection means necessary to recoup delinquent user fees, including all remedies available under the Optional Third Class City Charter Law, Act of 1957.[1] All costs associated to collection of delinquent user fees, including reasonable attorney fees, shall be added to the delinquent amount. The charge per user fee may be adjusted, from time to time, as determined by resolution of City Council.
[1]
Editor's Note: See 53 P.S. § 41101 et seq.
In accordance with the Municipal Claims Act, 53 P.S. § 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.
The City of Lock Haven has established a credit policy and developed 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 Lock Haven Stormwater User Fee Credit Manual,[1] 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 Lock Haven.
[1]
Editor's Note: Said manual is included as an attachment to this chapter.
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 the rate and charge must be filed, in writing, with the Administration or his/her designee on or before September 30 of the calendar year the charge is mailed or delivered to the property owner. Any appeal must state the reasons for the appeal.
B. 
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.
C. 
Any person aggrieved by any decision of the Administration, relevant to the provisions of this article, may appeal to the Clinton County Court of Common Pleas within 30 days of receipt of such written decision.
A. 
The City of Lock Haven 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 City of Lock Haven; 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 Lock Haven 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 Lock Haven in the discretion of the City.
D. 
City 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.
The funds received from the collection of the user fees authorized by this article shall be deposited into the City of Lock Haven Stormwater Management Fund, a fund and account dedicated to the operation, administration, maintenance, repair, and improvement of the stormwater management system.
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 Lock Haven, its officers, employees, or agents. The City of Lock Haven expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the City of Lock Haven, 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.