As used in this chapter, the following terms shall have the
meanings indicated:
DUPLEX PROPERTY
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.
EQUIVALENT RESIDENTIAL UNITY (ERU)
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.
IMPERVIOUS SURFACE
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.
LATROBE MUNICIPAL STORM SEWER SYSTEM
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.
NOT SINGLE-FAMILY RESIDENTIAL 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.
OPERATIONS, MAINTENANCE AND CAPITAL COSTS
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.
OWNER
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.
PROPERTY
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.
RENTAL, RATES, AND CHARGES
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.
REPLACEMENT
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.
RIGHT-OF-WAY
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.
SINGLE-FAMILY RESIDENTIAL ACCESSORY PROPERTY
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.
SINGLE-FAMILY RESIDENTIAL PROPERTY
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.
STORM SEWER SYSTEM
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.
STORMWATER
Includes runoff water from all precipitation events, snowmelt,
springs, and sump pumps.
USER
Any person, firm, corporation, individual, partnership, company,
association, society or group using, benefitting from or being served
by the Latrobe municipal storm sewer system.
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. 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.
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. 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.
[Amended 3-9-2020 by Ord.
No. 2020-6]
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.