[HISTORY: Adopted by the Council of Latrobe 12-9-2019 by Ord. No. 2019-10. Amendments noted where applicable.
A.
Latrobe incurs a significant cost to operate a stormwater management
system.
B.
Inadequate management of accelerated stormwater runoff throughout
the various watersheds of Latrobe 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
hydraulic patterns, accelerating stream flows (which increase scour
and erosion of stream beds and stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loading, 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 Latrobe, 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 Latrobe, each developed
property contains impervious areas and generates runoff and, therefore,
uses or is in some fashion connected with, serviced by or benefitted
by Latrobe's storm sewer system which normally functions by collecting
stormwater from properties and by preventing stormwater from entering
other properties.
K.
Stormwater has the ability to be heavily polluted when there has
not been rain for a period of time and sediment, yard waste, animal
waste, pesticides, herbicides, oil and grease, and other foreign substances
can be found in the water.
L.
Impervious surface is a primary indicator of the generations of stormwater
improvements 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.
Latrobe desires to establish fair and equitable user charges to assure
that each property and recipient of services within the City of Latrobe
will pay its proportionate and fair share of the costs of operations,
maintenance, repair, administration, replacement and improvement of
all stormwater services provided or paid for by Latrobe.
O.
Federal and state regulations (including those found at 40 CFR Part
122) require Latrobe to implement a program of stormwater controls.
Latrobe is required to obtain a permit for stormwater discharges from
their 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 2,178 square feet
of impervious surface was based on the average size of existing homes
and their associated impervious areas as determined by a survey conducted
by Latrobe's consulting engineer.
(3)
The standardized charge for single-family dwellings is based upon
the survey conducted by Latrobe's consulting engineer and on
the fact that there is not a great deal of variation in size of impervious
land coverage nor any substantial manner to control stormwater runoff
on residential properties.
(4)
The monthly charge per equivalent residential unit (ERU) is based
upon the average size of the buildings, all accessory structures and
all other impervious surfaces, including parking areas, driveways
and walkways.
As used in this chapter, 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,
driveways, etc.) which shall be used in assessing the fees for each
non-single-family residential property and which has been decided
based on as engineering review and GIS analysis to be 2,178 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 runoff 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 Latrobe. This
distinction is necessary as Westmoreland County, the Pennsylvania
Department of Transportations, the Pennsylvania Turnpike Commission,
Greater Latrobe School District, Latrobe Municipal Authority, and
many other entities may also own and/or operate storm sewer systems
within Latrobe's boundaries.
Multiple separate single-family residences which are located
on the same piece of property.
Any property that does not fit the definition of "duplex
property," "multiple single family residence property," "right-of-way,"
"single-family residential property," "single family residential accessory
property," or "vacant property." This definition would generally include
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 Latrobe municipal storm sewage system
and shall include sums paid to defray costs of Latrobe's improvements
to storm sewer systems.
Any person, firm, corporation, individual, partnership, company,
association, society or group owning real property in Latrobe. For
purposes of this chapter of the Code, Latrobe shall rely on the Westmoreland
County Recorder of Deeds real property records for ownership information.
A piece of land or real estate which is "real property" and
which has and/or will have assigned to it a Westmoreland County parcel
identification number. For purposes of this chapter, Latrobe shall
rely on the Westmoreland County Recorder of Deeds and the Westmoreland
County geographic information systems.
Sums assessed, imposed and to be collected from each property
which uses, benefits from, or is serviced by the Latrobe municipal
storm sewer system or which discharges stormwater, directly or indirectly,
in the Latrobe municipal 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 Latrobe municipal 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; 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 that 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 render
the property a "not single-family residential property," so long as
the primary purpose of the property being a dwelling.
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,
springs, and sump pumps.
Any person, firm, corporation, individual, partnership, company,
association, society or group using, benefitting from or being served
by the Latrobe municipal storm sewer system.
A property which has no impervious area.
A.
For the use of, benefit by and the services rendered by the Latrobe
municipal 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 benefitted by the
Latrobe 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 Latrobe by and collected from the owners of such properties
as hereinafter provided and shall be determined as set forth below.
C.
The per-ERU charge was based upon dividing the forecasted budget
of expenditures by the total number of ERUs in Latrobe and rounding
that figure up to the nearest integer dollar value.
D.
Latrobe 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 Latrobe have been classified into the one of the
following classes with the fee determined in accordance with the category:
[Amended 3-9-2020 by Ord.
No. 2020-6]
(1)
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.
Latrobe will have no involvement in the proration of the fee between
tenants/families.
(2)
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. Latrobe will have no involvement in the
proration of the fee between tenants/families.
(3)
Right-of-way. This property will be exempt from rental, rates and
charges under this chapter, including the following: Latrobe Roads,
county roads, state roads, federal roads or Pennsylvania Turnpike
Commission roads. Private roads are not exempted from the fee.
(4)
Single-family residential or duplex property. The property owner
will receive one bill charging one ERU.
(5)
Single-family residential accessory property. The property owner
will receive one bill charging 0.5 ERU.
(6)
Vacant property. The property owner will not receive a bill. The
property for the purposes of this fee shall have an ERU of 0.00.
B.
Latrobe 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 chapter 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 The Municipal Claims and Tax Liens Law, 53 P.S. § 7101
et seq. (as amended), and the owner of each property against which
storm sewer rental, rates and charges are imposed and assessed under
this chapter shall be and remain liable for payment of the same, whether
or not such owner occupies the property. Nothing in this chapter shall
be construed to prohibit or limit an owner's ability to collect
by lease or contract sums due by tenant or other occupier of the owner's
property, but such lease or contract shall not bind Latrobe or limit
in any way Latrobe's authority to impose, assess, lien and collect
storm sewer rental, rates and charges.
[Amended 3-9-2020 by Ord.
No. 2020-6; 10-13-2020 by Ord. No. 2020-10]
The rental, rates and charges fixed and established by this
chapter shall be effective as to all properties that use, are served
or are benefited by the Latrobe municipal storm sewer system existing
as of the effective date of this chapter and shall be effective to
all other properties thereof that use or are so served or benefit
subsequent to the effective date of this chapter. Rental, rates and
charges imposed by this chapter shall be assessed and billed by Latrobe
or its designated agent. An invoice shall be prepared and mailed on
or before the first week of January of each year as to calendar billing
to the owner of each property and shall be due and payable by March
31, 2021. The rental, rates and charges assessed and collected will
not be subject to proration or refund by Latrobe 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 Lien Law, 53
P.S. § 7107 et seq. (as amended), all rental, rates and
charges, penalties, interest, collection fees, lien filing, counsel
fees for the preparation of the lien in the amount of $200, 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 identified as Exhibit A to Chapter 77, which is incorporated in this chapter. 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 service provided by Latrobe.
Any owner who believes the provisions of this chapter 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 City 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 city. An appeal of any mater not directly related to a rental,
rate and/or change shall be made directly to Common Pleas Court pursuant
to Pennsylvania Local Agency Law.[1] Payment of the rental or rate shall not be suspended during
the pendency of the appeal. However, if the rental or rate is reduced
pursuant to the appeals process, an appropriate reimbursement shall
be made equal to the reduction.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
Using information provided by the appellant, the City 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 City Manager may adjust the rental,
rate and charge applicable to the property in accordance with the
provision of this chapter.
C.
[2]City Council shall hear and decide appeals made by property
owners from decisions of the City Manager. Such appeals from the decision
of the City Manager shall be made to Council, in writing, to the office
of the City Secretary, on the prescribed form within 30 days of the
date of the adverse decision from the City Manager. Council shall
hold a hearing within 90 days of the date the appeal is received by
the City Secretary. Council 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 Council shall be mailed to the
property owner at the address listed on the appeal application, or,
if no address is listed, the registered address as listed on Westmoreland
County records.
[Amended 3-9-2020 by Ord.
No. 2020-6]
D.
A decision of Council that is adverse to the property owner may be
further appealed to the Westmoreland County Court of Common Pleas
within 30 days of date of the adverse Board of Appeals written decision
pursuant to Pennsylvania Local Agency Law.[3]
[Amended 3-9-2020 by Ord.
No. 2020-6]
[3]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
A.
City Council may, by resolution, adopt such policies and procedures
as it deems appropriate to ensure collection of municipal storm sewer
system rental, rates and charges assessed and imposed pursuant to
this chapter. 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 City 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, attorney's fees, court costs, litigation expense, and charges
for service of documents, shall, upon being incurred by Latrobe, 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. Latrobe shall be entitled to
all legal and equitable remedies available to Latrobe with respect
to the collection of unpaid amounts assessed pursuant to this chapter.
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, attorney's fees,
court costs and other chargers are first paid in full to Latrobe.
D.
The City Manager is authorized to adopt any policies or procedures
that the City Manager deems necessary or convenient to interpret or
implement this chapter.
The funds received from the collection of the rental, rates
and other charges authorized by this chapter shall be deposited into
a Municipal Separate Storm Sewer Program Fund, a restricted fund account
hereby created and dedicated to the operation, administration, maintenance,
repair and improvement of the Latrobe municipal storm sewer system
and paying operation, maintenance and capital costs.
Nothing in this chapter or in the design, operation or maintenance
of the municipal 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 the money damages against Latrobe,
its officers, employees, or agents. Latrobe expressly reserves the
right to assert all available immunities and defenses in any action
seeking to impose monetary damages upon Latrobe, 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.
