This chapter shall be known and may be cited as the "Middletown Township Stormwater Impact Fee Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Middletown 12-16-2024 by Ord. No. 24-08. Amendments noted where applicable.]
The governing body of the Township finds that:
A.
Inadequate management of accelerated stormwater runoff resulting from much of the Township being developed prior to the existence of contemporary stormwater management BMPs, and redevelopment throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, 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.
B.
Adequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also 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.
C.
A comprehensive program of stormwater management (SWM), including minimization of impacts of development, redevelopment and activities causing accelerated erosion and loss of natural infiltration is fundamental to the public health, safety, welfare and the protection of the people of the Township and all the people of the commonwealth, their resources and the environment.
D.
In order to establish, operate, enhance and maintain the stormwater infrastructure of Middletown Township; insure the continued effective operation of the system through installation and management of best practices; and to provide other services such as appropriate inspections, asset management, and regulatory oversight associated with stormwater and watershed management, sufficient and stable funding is required to fund these public services.
E.
Federal regulations, including those found at 40 CFR Part 122, and Pennsylvania state regulations require Middletown Township to implement a program of stormwater controls that regulates the discharge from the Township's regulated stormwater outfalls to local water bodies. In accordance with those regulations, Middletown Township is required to obtain a permit that allows stormwater discharges from its municipal separate storm sewer system ("MS4") under the National Pollutant Discharge Elimination System regulations.
F.
Middletown Township intends to establish fair and equitable stormwater impact fees to assure that each developed property within Middletown Township 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 Middletown Township.
G.
A proposed program for imposing a stormwater impact fee has received input and comment by the public through multiple public meetings as well as comment and input from the Middletown Township Stormwater Advisory Committee.
H.
A number of models were reviewed by the Township for determining a fee to be charged to property owners. The review found that a flat fee for single-family residential properties is an appropriate method and that a fee based upon impervious surface area for all other properties is an appropriate method of calculating a fee for the Township's stormwater management system.
The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them:
Methods, measures or practices used to prevent or reduce surface runoff and/or water pollution, including but not limited to structural and nonstructural stormwater management practices and operation and maintenance procedures.
The duly elected governing body of Middletown Township, Bucks County, Pennsylvania.
A parcel altered from a natural state that contains impervious surface equal or greater than 400 square feet.
A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavement roofs or driveway areas. Any surface areas designed to be gravel or crushed stone shall be regarded as impervious surfaces.
Any developed property not fitting the definition of single-family residential property. Non-SFR properties include, but are not limited to, 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.
Any person, firm, corporation, individual, partnership, company, association, government agency, society or group owning real property in Middletown Township. Owner may be referred to as "property owner" or "landowner."
A residential establishment which may be constructed as a freestanding building; one-half of a double home or duplex (one party wall in common); one house in a row house or townhouse arrangement (sharing two vertical party walls in common, except for end units); and any other variation of construction with the same result, including buildings subject to the condominium form of ownership.
The surface runoff generated by precipitation reaching the ground surface.
A fee assessed, imposed and to be collected for each developed property in Middletown Township beginning January 1, 2025, and used to defray the Township's stormwater management costs.
The associated public costs of equipment and facilities, energy, workforce, materials, property acquisition, transportation and all other services and equipment required to:
Avoid, reduce, manage, treat, collect, convey, detain, infiltrate, pump and transport stormwater;
Provide flood protection;
Keep equipment and facilities, including best management practices, functioning satisfactorily and economically;
Administer the stormwater management program, including regulatory compliance; and
Improve Middletown Township's stormwater management system.
The system of runoff avoidance, infiltration, collection and conveyance, including storm sewers, pipes, conduits, mains, inlets, culverts, catch basins, gutters, ditches, channels, detention ponds, streets, curbs, drains and all devices/appliances and stormwater best management practices (BMPs) and facilities appurtenant thereto used for collecting, conducting, pumping, conveying, detaining, infiltrating, reducing, managing, avoiding the generation of, and treating, stormwater.
Middletown Township, Bucks County, Pennsylvania.
A.
For the purposes set forth above, a stormwater impact fee, as described, defined, and calculated herein is hereby imposed upon each developed property within the Township, as each and every property is connected to, uses, is serviced by and/or is benefitted by the Middletown Township stormwater management system.
B.
Each property that is a single-family residential property shall be charged an annual flat fee of $60.
C.
All other developed properties and non-single-family residential (non-SFR) properties (including commercial, industrial, educational, and multifamily residential properties) shall be charged an annual fee at a tiered rate based on impervious surface area (as determined by the Township pursuant to GIS sources) according to the tiers in the following table:
Tier | Impervious Area (IA) Range (sq. ft.) | Annual Fee |
|---|---|---|
Tier 0 | <400 sq. ft. | $0 |
Tier 1 | 400 - 4,000 sq. ft. | $144 |
Tier 2 | 4,001 - 6,000 sq. ft. | $216 |
Tier 3 | 6,0001 - 8,000 sq. ft. | $288 |
Tier 4 | >8,000 sq. ft. | $144 per 4,000 sq. ft. IA** |
** | Non-single family residential (non-SFR) property maximum fee of $6,000 per year |
D.
The Board of Supervisors may review the stormwater impact fee established by this chapter and may modify the fees by resolution as deemed necessary.
All fees shall be assessed, imposed, liened and collected by tax parcel numbers for all developed properties.
A.
The stormwater impact fee fixed and established by this chapter shall be effective to all properties that use, are served, or are benefitted by the Middletown Township Stormwater Management System existing as of the effective date of this chapter, and shall be effective to all other properties thereof that use, are served, or are benefitted by the stormwater management system subsequent to the effective date of this chapter.
B.
Middletown Township shall create and maintain a dedicated stormwater account separate from all other accounts or funds. All stormwater impact fees, and any penalties or interest on such fees, shall be deposited into that account, and shall be used solely for stormwater services and purposes, including operation, administration, maintenance, repair, and improvement of the stormwater management system.
C.
Middletown Township may bill property owners directly, or the Board of Supervisors may designate a third-party billing agent to issue bills for the stormwater impact fee.
D.
Bills for stormwater impact fees shall be issued on a regular periodic basis, not less regularly than annually.
E.
The stormwater impact fees imposed and collected will not be subject to proration or refund by Middletown Township in the event a property is sold; provided, however, that this provision shall not bind a buyer and seller from making their own proration of any stormwater impact fee imposed hereunder.
The face amount of all stormwater impact fee charges shall be payable in accordance with the bill mailed, with a penalty of 10% assessed after the due date. On the first day of each subsequent month in which the account remains unpaid, an interest charge of 0.5% per month shall be added to the account. All unpaid stormwater impact fee charges shall be a lien against the property, and the Township Solicitor shall file such lien. Any legal fees, including attorney's fees, filing fees, and court costs, and any other fees related to the collection of the account shall be borne by the property owner. Attorney's fees and collection procedures shall be pursuant to Chapter 316 of the Middletown Township Code of Ordinances.
In accordance with the Municipal Claims Act, 53 P.S. § 7101, et seq. (as amended), all fees, penalties, interest, collection fees, lien filing fees, satisfaction fees or any other charge imposed for failure to make prompt payment shall constitute a lien upon and against the subject property and its owner from the date of imposition and assessment. In addition, the Township reserves the right to pursue any and all other remedies available to it for nonpayment of the stormwater impact fee.
The Middletown Township Board of Supervisors, by duly adopted resolution, may establish a credit system to provide credit reductions to the stormwater impact fee established by this chapter for properties improved with stormwater management BMPs.
Any owner who believes the provisions of this chapter have been applied in error may appeal in the following manner and sequence:
A.
The appeal of the stormwater impact fee must be delivered or mailed to the Township Engineer within 30 days of the charge being mailed to the owner. The appeal must be in writing, on form supplied by the Township, and state all reasons for the appeal. Using the information provided by the appellant, and also any other investigation that is needed in the Township Engineer's opinion, including, but not limited to a technical review of the conditions of the property, the Township Engineer, shall review the written submission and respond to the appeal in writing within 30 days. The Township Engineer has the authority to adjust the stormwater impact fee if deemed appropriate.
B.
A decision of the Township Engineer that is adverse to appellant may be further appealed to the Middletown Township Board of Supervisors, or any other board designated by duly adopted resolution of the Middletown Township Board of Supervisors, within 30 days of the adverse decision being issued. The appellant shall state in writing the grounds for further appeal and shall mail or deliver the appeal to the Middletown Township Board of Supervisors, or its designee. The Middletown Township Board of Supervisors, or its designee, shall issue a written decision on the appeal within 30 days of its presentation.
C.
If the appeal to the Middletown Township Board of Supervisors, or its designee, is rejected, and only upon exhaustion of all appeal remedies before the Township, the owner may appeal the decision to the Court of Common Pleas of Bucks County within 30 days of the date of receipt of the written decision of rejection from the Middletown Township Board of Supervisors, or its designee. If an appeal is not filed with the Court of Common Pleas of Bucks County within such time period, or if an appeal is not taken and payment is not made within 30 days of receipt of the written decision of rejection from the Middletown Township Board of Supervisors, or its designee, the property shall be liened for all past due amounts in accordance with §§ 428-107 and 428-108.
The Middletown Township Board of Supervisors may, by resolution, adopt such policies and procedures as it deems appropriate and necessary to ensure collection of the stormwater impact fee assessed and imposed pursuant to this chapter. Without limitation, collection procedures may include designation of a third-party billing agent, referral of delinquent accounts to a collection agency; filing of liens; scire facias sur municipal lien proceedings to collect filed liens; establishing or revising procedures and/or requirement for appeal; and any and all other measures or combination thereof that the Township Board of Supervisors may deem appropriate. The Board of Supervisors may also implement such administrative procedures necessary to implement the policies and requirements set forth in this chapter.