[Ord. No. 54-2022, passed 10-19-2022]
This article shall be known and may be cited as the "City of
Erie Stormwater Management System User Fee Ordinance."
[Ord. No. 54-2022, passed 10-19-2022]
(a)
The City of Erie incurs costs to maintain an extensive public stormwater
system. The City's stormwater system includes underground pipes,
conduits, inlets, outfalls, culverts, catch basins, flood control
structures, gutters, ditches, channels, detention ponds, public best
management practices, public streets, curbs, conveyances, appurtenances
and drains (collectively, the "stormwater management system"). The
City of Erie stormwater system collectively outfalls into Lake Erie
and Presque Isle Bay.
(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 Erie, their property, resources and the environment
in order to control items such as flooding, erosion and pollution.
Comprehensive stormwater management is also a core functionality of
business development.
(c)
Federal and state regulations (including those found 40 CFR Part
122) require the City of Erie to implement and properly maintain a
program of stormwater controls. The City of Erie 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 submits its Annual Municipal Separate Storm Sewer System (MS4)
Status Report under the NPDES Permit No. PAG138321 and passed its
Stormwater Quality Management Ordinance (Ordinance No. 20-2004) on
March 10, 2004 (Article 946 of the Codified Ordinances).
(d)
In an urban environment such as the City of Erie, each property uses
or is in some fashion connected with, serviced by or benefited 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 Erie desires to establish fair and equitable user charges
to assure that each developed parcel receiving or benefitting from
stormwater management services within the City of Erie 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 Erie.
(g)
The charges as determined herein are fair and equitable and are based
upon the following facts: a minimum fee per residential unit is reasonable;
the basis for the equivalent single-family detached residential unit
of 2,136 square feet of impervious surface based on an analysis of
single-family parcels, as defined in parcel data for the City of Erie;
the requirement that a property have a minimum 500 square feet of
impervious surface to be assessed a fee is reasonable based on the
use of aerial photography to determine impervious surface; the use
of existing geographic information systems (GIS) datasets provides
an effective measurement for impervious surface; for single-family
detached parcels the rate structure is tiered to address variability
in impervious area of the dwelling unit; and 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.
[Ord. No. 54-2022, passed 10-19-2022]
(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 Erie, if any, and shall
otherwise be given their ordinary and common meaning.
(b)
DEVELOPED PARCEL
EQUIVALENT RESIDENTIAL UNIT (ERU)
IMPERVIOUS SURFACE
NON-SINGLE-FAMILY DETACHED (NSFD)
OPERATION AND MAINTENANCE
OWNER
REPLACEMENT
SINGLE-FAMILY DETACHED (SFD)
STORMWATER
STORMWATER MANAGEMENT SYSTEM
UNDEVELOPED PARCEL
USER
USER FEE
For purposes of this article, the following words and terms shall
be defined as set forth below:
A parcel altered from a natural state that contains impervious
surface equal to or greater than 500 square feet.
The median impervious area value for all single-family detached
residential property and is used in assessing the fees for each developed
non-single-family detached property, and which has been determined
to be 2,136 square feet.
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.
Any developed parcel not fitting the definition of "single-family
detached." NSFD shall include, but not be limited to, townhouse and
condominium developments, apartments with more than three dwelling
units, boardinghouses, hotels and motels, churches, industrial properties,
commercial properties, manufactured 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.
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 Erie's improvements to the stormwater management
system.
Any person, firm, corporation, individual, partnership, trust,
company, association, government agency, society or group owning real
property in the City of Erie.
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.
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 duplex, triplex, single-family
houses, houses subdivided into less than four apartment dwellings
within, manufactured homes, and mobile homes located on individual
parcels. 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 or mobile parks; or other
multiple-unit residential properties such as those with greater than
three apartments, condominiums and town homes.
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.
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.
A parcel that does not meet the definition of "developed
parcel."
Any person, firm, corporation, individual, partnership, company,
association, government agency, society or group using, benefiting
from or being served by the public stormwater management system.
Sums assessed, imposed and to be collected from each developed
parcel 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. 3707 § 4,
2021; Ord. No. 54-2022, passed 10-19-2022]
(a)
Primary authority. The City of Erie is empowered to regulate these
activities by the authority of the Act of October 4, 1978, P.L. 864
(Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm
Water Management Act," and the Third Class City Code, 11 Pa.C.S.A.
§ 10101 et seq.
(b)
Secondary authority. The City of Erie 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.[1] 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. § 10101 et seq.
[Ord. 3722 § A,
2021; Ord. 3707 § 5, 2021; Ord. No. 54-2022, passed 10-19-2022]
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 benefited by the City of Erie'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 Erie by and collected from the owners
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 (SFDR) shall be charged
on a tiered residential rate basis. The billing unit (BU) charge per
SFDR will be as follows:
(1)
Tier 1 = Impervious area of 500 square feet to 1,200 square
feet of the dwelling unit; 0.5 BU; $3 per quarter; $12 per calendar
year.
(2)
Tier 2 = Impervious area of 1,201 square feet to 1,550 square
feet of the dwelling unit; one BU; $6 per quarter; and $24 per calendar
year.
(3)
Tier 3 = Impervious area of 1,551 square feet and greater of
the dwelling unit; 1.5 BU; $9 per quarter; $36 per calendar year.
(b)
The charge for all other developed non-single-family detached parcels within the City of Erie shall be based upon the number of square feet of measured impervious surface, as determined through aerial photography and surface feature evaluation processes, divided by the ERU value of 2,136 square feet and, using natural rounding, expressed in whole billing units. The charge for said properties shall be computed by multiplying the number of BUs for a given parcel by the unit rate established by the City of Erie as set forth in Subsection (a) of this section. In no event shall any such parcel be charged less than one BU. BU charge shall be set at $24 per program year from January 1, 2023, through December 31, 2023. Beginning January 1, 2024, and each January 1 thereafter, the charge per BU will be adjusted annually as determined by City Council.
(c)
Notwithstanding the foregoing, public streets shall be exempt from
user fees under this article.
[Ord. No. 54-2022, passed 10-19-2022]
User fees shall be assessed, imposed, liened and collected as
charged to all owners of developed parcels.
[Ord. No. 54-2022, passed 10-19-2022]
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. 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 Erie or limit in any way the City of Erie's
authority to impose, assess, lien and collect stormwater user fees.
[Ord. No. 54-2022, passed 10-19-2022]
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 benefited 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. For
calendar year 2023, the first assessment effective date shall be January
2, 2023, and the first billing shall occur in the first quarter of
calendar year 2023. Thereafter, for all subsequent calendar years,
user fees imposed by this article shall be assessed and billed by
the City of Erie (or its designee) effective as of January 1 each
calendar year. Property owners shall have the option to pay the fee
in full within 30 days following the date on which said assessment
bill was mailed and receive a discount of 2% of the fee.
[Ord. No. 54-2022, passed 10-19-2022]
A penalty of 10% of the user fees assessed and not paid within
the applicable time period shall be added for nonpayment within the
time allowed. Payment terms will be denoted on yearly City of Erie
property tax notices.
[Ord. No. 54-2022, passed 10-19-2022]
Interest at the rate of 1.5% per every 30 days after the initial
late fee charge shall accrue and be added to all original amounts
of user fees remaining unpaid at the end of the quarter in which the
same were first imposed and assessed and shall continue to accrue
until the full amount of such user fees is paid in full. Payment terms
will be denoted on yearly City of Erie property tax notices.
[Ord. No. 54-2022, passed 10-19-2022]
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.
[Ord. No. 54-2022, passed 10-19-2022]
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 Erie 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 Erie.
[Ord. 3722 § A,
2013; Ord. No. 54-2022, passed 10-19-2022]
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
City of Erie Public Works Director's office on or before May
15 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 City of Erie Public
Works Director's office 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 City of Erie Public Works Director's
office 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 City of Erie Public Works
Director's office, relevant to the provisions of this article,
may appeal to the Erie County Court of Common Pleas within 30 days
of receipt of such written decision.
[Ord. No. 54-2022, passed 10-19-2022]
(a)
The City of Erie 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; 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
Erie 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
Erie at the discretion of the City.
[Ord. No. 54-2022, passed 10-19-2022]
The funds received from the collection of the user fees authorized
by this article shall be deposited into the City of Erie stormwater
management system fund, a fund and account dedicated to the operation,
administration, maintenance, repair and improvement of the stormwater
management system.
[Ord. No. 54-2022, passed 10-19-2022]
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 Erie, its officers, employees, or agents. The City of Erie expressly
reserves the right to assert all available immunities and defenses
in any action seeking to impose monetary damages upon the City of
Erie, 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.
[Ord. No. 54-2022, passed 10-19-2022]
All ordinances and parts thereof in conflict herewith are hereby
repealed.
[Ord. No. 54-2022, passed 10-19-2022]
This ordinance shall be effective 20 days after passage and
signing by the Mayor.
