[Ord. No. 457, 7/10/2018]
This part shall be known and referred to as the "North Fayette
Township Stormwater Management Fee Ordinance."
[Ord. No. 457, 7/10/2018]
Terms used in this part and not given a specific definition
shall be defined as set forth in applicable statutes of the Commonwealth
of Pennsylvania or ordinances of North Fayette Township, if any, and
shall otherwise be given their ordinary and common meaning.
The County of Allegheny, Commonwealth of Pennsylvania, a
second class county.
[Added by Ord. No. 519, 1/9/2024]
Any person, property owner, firm, corporation, individual,
partnership, company, association, society or group responsible for
the payment of services provided by the North Fayette Stormwater Sewerage
System.
[Amended by Ord. No. 519, 1/9/2024]
The measure of impervious ground cover for a typical single-family
residential property used in assessing the fees for each parcel of
property. One ERU has been determined to be 3,000 square feet.
[Amended by Ord. No. 519, 1/9/2024]
Those hard surface areas that either prevent or impede the
entry of water into the soil under natural conditions, pre-existent
to development, or which cause water to run off the surface in greater
quantities, or at an increased rate of flow than under natural conditions,
preexistent to development, including, without limitation, surfaces
such as rooftops, asphalt, concrete, or any other material that has
been compacted, engineered and intended for vehicular traffic or parking,
including, but not limited to, driveways and parking lots, or other
surfaces which similarly affect the natural infiltration or runoff
of natural drainage patterns existing prior to development, including,
but not limited to, walkways, patio areas and storage areas. Compacted
gravel or crushed stone surfaces are considered impervious surfaces
for this analysis. In addition, any surface designed to be constructed
of permeable, pervious or porous concrete, asphalt, or pavers shall
be considered an impervious surface for this analysis.
[Amended by Ord. No. 519, 1/9/2024]
One structure on a developed property that is designed for
occupancy by one family. This may include a home, manufactured homes,
townhomes, and mobile homes located on one or more individual lots
or parcels of land. The inclusion of townhomes as single-family dwellings
takes into account the common areas.
[Amended by Ord. No. 519, 1/9/2024]
The Township of North Fayette, County of Allegheny, Commonwealth
of Pennsylvania, a second class township.
[Amended by Ord. No. 519, 1/9/2024]
Individual properties not used as an individual dwelling
unit. This may include manufactured homes and mobile home parks, commercial
and office buildings, public buildings and structures, industrial
and manufacturing buildings, places of worship, places of assembly,
parking lots or garages, schools and other educational facilities,
storage buildings and storage areas covered with impervious research
stations, hospitals, convalescent centers, airports, agricultural,
water reservoirs, and water and wastewater treatment plants.
[Amended by Ord. No. 519, 1/9/2024]
The associated costs for facilities, energy, manpower, materials,
property acquisition, transportation and all other services and equipment
required to collect, convey, detain, treat, pump, and transport stormwater.
[Amended by Ord. No. 519, 1/9/2024]
Each lot, parcel, building or portion thereof containing
800 or more square feet of impervious surface.[1]
The associated costs of purchasing and installing equipment,
accessories or appurtenances that are necessary to maintain the requisite
capacity and performance of the North Fayette Township Storm Sewer
System.
[Amended by Ord. No. 519, 1/9/2024]
An individual property that is designed for occupancy by
one family. This may include a home, manufactured homes, townhomes,
and mobile homes located on one or more individual lots or parcels
of land. The inclusion of townhomes as single-family dwellings takes
into account the common areas. This does not include individual units
as condominium association or mobile home community in which the subject
lot includes only the extent of the individual condominium unit or
mobile home, with adjacent driveways, access roads, and open areas
located on common ground.
[Amended by Ord. No. 519, 1/9/2024]
The system of collection and conveyance, including pipes,
conduits, mains, 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.
[Amended by Ord. No. 519, 1/9/2024]
Runoff water from all precipitation events, snowmelt, and
springs.
[Amended by Ord. No. 519, 1/9/2024]
Sums assessed, imposed and to be collected for each property
that uses, benefits from or is serviced by the North Fayette Storm
Sewer System, or that discharges stormwater, directly or indirectly,
into the North Fayette Storm Sewer System.
[Added by Ord. No. 519, 1/9/2024]
[1]
Editor's Note: The former definition of "rental, rates and
charges," which immediately followed, was repealed by Ord. No. 519, 1/9/2024.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
A stormwater management fee is hereby imposed upon each and every
property, as each and every property is benefitted by the North Fayette
Township Storm Sewer System and the implementation of the North Fayette
Township Stormwater Management Program and Pollutant Reduction Plan,
as required by the Township's NPDES MS4 permit.
3.
The fee per ERU shall be $4 per month and shall be increased annually
according to the following schedule:
A.
January 1, 2025: The fee per ERU shall be $4.50 per month;
B.
January 1, 2026: The fee per ERU shall be $5 per month;
C.
January 1, 2027: The fee per ERU shall be $5.50 per month;
D.
January 1, 2028, and each year thereafter: The fee per ERU shall
be set annually by resolution of the Board of Supervisors of the municipality.
4.
Each property that contains an individual dwelling unit shall be
charged for one ERU.
5.
The charge for a non-single-family residential property, or any property not identified in Subsection 4 above, shall be assessed at a rate based upon the number of square feet of impervious surface, as determined by measurement through aerial photography and surface feature evaluation, expressed in whole ERUs by rounding to the next highest ERU. The charge shall be computed by multiplying the number of ERUs for a given property by the unit rate established by North Fayette Township as set forth above in Subsection 3 or as adopted by resolution of the Board of Supervisors.
6.
The minimum charge for every property shall be one ERU.
A.
Notwithstanding the foregoing, the following properties shall be
exempt from stormwater management fees under this part:
7.
The charges as determined herein are fair and equitable and are based
upon the following:
A.
That a minimum fee per property is reasonable;
B.
That the basis for the equivalent residential unit being 3,000 square
feet of impervious surface was an equally assessed statistical sampling
of properties in North Fayette Township;
C.
That the requirement a property has at minimum 800 square feet of
impervious surface is reasonable based on the use of aerial photography
and surface feature evaluation to determine total amounts of impervious
surface existing in North Fayette Township;
D.
That the use of aerial photography and surface feature evaluation
provides an accurate measurement for impervious surfaces;
E.
That the standard charge for an individual dwelling unit is based
on the fact that there is not a great deal of variation in size, nor
any substantial manner to control stormwater runoff.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
The stormwater
management fee shall be assessed, imposed, liened and collected equally
based upon the same calculations and procedures as to all customer(s)
for each property.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
The stormwater management fee imposed on individual dwelling units
by this part shall be assessed and billed to property customers by
North Fayette Township on the 10th day of every third month commensurate
with the current billing cycle of the Township, and based upon which
of three residential districts an individual dwelling unit is located.
2.
Thereafter, a bill shall be prepared and mailed by North Fayette
Township, or its designee or contractor, on or before the 15th day
of every third month, creating four billing cycles. Such assessments
shall be payable within 30 days after mailing.
3.
The stormwater management fee imposed on a non-single-family residential
property by this part shall be assessed and billed to property customers
by North Fayette Township on the first day of every month commensurate
with the current billing cycle of the Township.
4.
The stormwater management fee assessed and collected are subject
to proration or refund by North Fayette 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 rental, rates, and
charges.
5.
All costs for such collection procedures, including but not limited
to fees for filing, perpetuation and satisfaction of liens, collection
fees, attorneys' fees, court costs, litigation expenses and charges
for the service of documents shall, upon being incurred by North Fayette
Township, be imposed as a charge for nonpayment and added to the balance
due on the property customer's account.
6.
Late Payment Penalty. A penalty of 5% shall be assessed for all rental,
rates and charges assessed but not paid within 90 days.
7.
Interest on Liened Unpaid Stormwater Management Fees. Interest at
the rate of 10% per month shall be assessed every month from the date
of filing a lien in which outstanding stormwater management fees were
assessed and billed but not paid. Interest shall accrue and be added
to the outstanding charge remaining unpaid at the end of each successive
calendar month, and shall continue to accrue until the full amount
of any outstanding stormwater management fees is paid in full.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
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 customer from the date of imposition and
assessment.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
Credits against the stormwater management fee are an appropriate
means of adjusting the assessment of fees owed to account for the
implementation of mitigating measures. Accordingly, credit mechanisms
shall be published by the Township and updated periodically by resolution.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
Any property customer who believes the provisions of this part have
been applied in error may appeal in the following manner and sequence.
A.
The appeal of the stormwater management fee must be delivered or
mailed to the Department of Public Works within 30 days of the charge
being mailed to the property customer. The appeal must be in writing,
on a 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 Public Works Director's
opinion, the Public Works Director, or his/her designee, shall review
the written submission and respond to the appeal in writing within
30 days. The Public Works Director has the authority to adjust the
stormwater management fee if deemed appropriate.
B.
A decision by the Public Works Director that is adverse to an appellant
may be further appealed to the Township Manager or his/her designee.
The appeal must be in writing, on form supplied by the Township, and
state the grounds for further appeal. An appeal of the decision by
the Public Works Director must be delivered or mailed to the Department
of Administration within 30 days of the notice of the adverse decision
being mailed to the property customer. The Township Manager, or his/her
designee, shall issue a written decision on the appeal within 30 days
of receipt.
C.
A decision of the Township Manager that is adverse to appellant may
be further appealed to the North Fayette Township Board of Supervisors
within 30 days of the adverse decision being issued. The appellant
shall state in writing, on form supplied by the Township, the grounds
for further appeal and shall mail or deliver the appeal to the Department
of Administration. The appellant shall be permitted to present his/her
appeal to the Board of Supervisors at the next scheduled meeting that
is at least seven days after receipt of the appeal by the Department
of Administration. The Board of Supervisors shall issue a written
decision on the appeal within 30 days of its presentation. The decision
of the Board of Supervisors shall be final.
[Ord. No. 457, 7/10/2018]
1.
The failure of any property customer to fully comply with the provisions
of this part shall constitute a summary offense and, upon conviction
before any District Magistrate therefor, be subject to a fine of $300.
Each day that a violation is permitted to continue shall constitute
a separate offense.
2.
The court, in its discretion, may award the municipality reasonable
attorneys' fees and costs for litigating a violation of, or otherwise
enforcing compliance with, this part.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
The Board
of Supervisors may by resolution adopt such policies and procedures
as it deems appropriate and necessary to ensure collection of stormwater
management fees assessed and imposed pursuant to this part. 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 that the Commission may deem
appropriate.
[Ord. No. 457, 7/10/2018;
as amended by Ord. No. 519, 1/9/2024]
1.
The funds
received from the collection of the stormwater management fees authorized
by this part shall be deposited into a Storm Sewer Revenue Fund, a
fund and account hereby created and dedicated to the operation, administration,
maintenance, repair and improvement of the storm sewer system.
[Ord. No. 457, 7/10/2018]
If any section, subsection, sentence, clause, phrase or portion
of this part or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this part or its application, for such portion
shall be deemed as a separated, distinct and independent provision
from the remaining provisions that shall be and remain in full force
and effect. It is hereby declared the legislative intent that this
part would have been adopted had such invalid or unconstitutional
provision of its application not been included therein.
