[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove 12-5-2016 by Ord. No. 4-2016. Amendments noted where applicable.]
The foregoing recitals of this chapter set forth above are incorporated herein by reference.
Editor's Note: Said recitals are fully set forth in Ord. No. 4-2016, a copy of which is on file in the Borough offices.
The public stormwater management facilities, sewers, and drains (the "stormwater facilities") that shall be constructed within the Borough shall be owned and/or managed by the Borough, and the same shall be periodically maintained by the Borough, by or under the supervision and coordination of the Borough Engineer and the Borough Manager.
A stormwater assessment (the "stormwater assessment") for and regarding the construction, maintenance, and operation of the stormwater facilities is hereby imposed upon all owners of real estate located within the Borough for each dwelling, business, educational, industrial, and commercial unit situated upon said real estate of such property owner. Such assessment shall be imposed as follows:
The stormwater assessment for one ERU shall initially be set at a rate of $30.50 per quarter.
Each SFR parcel shall initially be charged a user fee of one ERU through a quarterly billing process.
All nonresidential properties shall be billed on a quarterly basis based upon the number of square feet of measured impervious surface, as determined through aerial photography and surface feature evaluation processes, with one ERU equaling 3,586 square feet of impervious area. The charge for said properties shall be computed by multiplying the number of ERUs for a given parcel by the unit rate as set forth in Subsection A(1) above. All partial ERUs will be rounded to the nearest whole number for billing purposes. In no event shall any such parcel be charged less than one ERU.
The rates for said stormwater assessment may hereafter be changed and set by resolution duly adopted by the Spring Grove Borough Council. The stormwater assessment imposed by this chapter shall be payable on a quarterly basis, due 15 days from the date of the invoice. In the event any of the preceding dates fall on a weekend or a federally recognized holiday, said payment shall be due on the first business day following such weekend or legal holiday.
The following terms as used in this chapter shall have the following meanings:
- BEST MANAGEMENT PRACTICES (BMPS)
- Methods, procedures and analyses specified in the Pennsylvania Stormwater Best Management Practices Manual to reduce flooding potential and control the volume, flow rate and water quality of stormwater.
- DEVELOPED PARCEL
- A parcel altered from a natural state that contains impervious surface equal to or greater than 300 square feet. Excludes Spring Grove Borough-owned properties, public roads, common area parcels (i.e., parcels without dwelling units) owned by homeowner associations, and land under initial development prior to issuance of a certificate of occupancy; however, a parcel undergoing initial development that does not receive a certificate of occupancy within three years from start of construction will be considered a developed parcel.
- EQUIVALENT RESIDENTIAL UNIT (ERU)
- The measure of impervious ground cover for a typical single-family detached residential property used in assessing the fees for each parcel of developed property, and which has been determined to be 3,586 square feet.
- IMPERVIOUS SURFACE
- A surface that prevents or impedes the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, driveway areas, and roofs. Any surface areas designed to be gravel or crushed stone shall be regarded as impervious surfaces. The water surface area of a swimming pool is not included as impervious surface.
- NONRESIDENTIAL PROPERTIES
- All developed parcels other than single-family residential properties, as described below, including multifamily properties such as apartments, mobile home parks, commercial, institutional, governmental and industrial parcels.
- Any person, firm, corporation, individual, partnership, company, association, organization, society or group owning real property in Spring Grove Borough.
- PARCEL IDENTIFICATION NUMBER (PIN)
- A discrete identification number for each lot, parcel, building or other structure within Spring Grove Borough.
- SINGLE-FAMILY RESIDENTIAL (SFR) PROPERTIES
- Developed parcels containing single-family residential homes, attached homes, townhouses, condominiums, duplexes and row homes. Developed parcels may be classified as "SFR" despite the presence of incidental structures associated with residential uses such as garages, carports or small storage buildings. "SFR" shall not include developed parcels containing: 1) structures used primarily for nonresidential purposes, 2) mobile homes located within mobile home parks, 3) apartment buildings or agricultural properties (Land Use Code 112). A developed parcel which does not contain a dwelling unit (e.g., it contains a garage, shed, driveway, parking area or other impervious area) will be classified as SFR if the parcel is zoned as a residential parcel.
- Runoff water from all precipitation events, snowmelts and springs.
- STORMWATER MANAGEMENT SYSTEM
- The system of runoff avoidance, infiltration, collection and conveyance, including storm sewers, pipes, conduits, mains, inlets, culverts, catch basins, gutters, manholes, ditches, channels, basins and detention ponds, streets, curbs, drains and all devices, appliances and stormwater BMPs, such as infiltration and filtration facilities, used for collecting, conducting, pumping, conveying, detaining, infiltrating, reducing, managing, avoiding the generation of, and treating stormwater, which is owned by the Borough of Spring Grove.
A separate stormwater fund has been created. All stormwater assessments received by the Borough shall be deposited into this stormwater fund. The Borough Council is hereby authorized to budget and appropriate money for this stormwater fund if it deems the same appropriate. Any money so appropriated shall be deposited in this stormwater fund. All money deposited into this stormwater fund shall be invested and administered, and shall be used only for the construction, maintenance, and operation of the stormwater facilities, and for the purposes of acquiring or replacing equipment, machinery, and the like for the same purposes. Expenditures from this stormwater fund for the aforementioned purposes may be made only upon action duly authorized at a public meeting of the Borough Council.
Every owner of real estate situate within the Borough shall provide to the Borough with, and thereafter shall keep the Borough advised of, his/her/its correct mailing address. Failure of any person to receive bills for the stormwater assessment imposed by this chapter shall not be considered an excuse or basis of nonpayment of the stormwater assessment, nor shall such failure result in an extension of the period of time during which said bills shall be payable at the face amount thereof.
The stormwater assessment imposed by this chapter shall be a lien, as and from January 1 of the year for which it is imposed, against and upon the real estate upon which is situate the dwelling, business, educational, industrial, or commercial unit for which the stormwater assessment is imposed. Each owner of a dwelling unit or a business, educational, industrial, or commercial unit upon which the stormwater assessment is imposed shall pay the stormwater assessment within 15 days of the date of the bill for such stormwater assessment. If the stormwater assessment is not paid within the aforementioned 15 days, then on the 16th day after the billing date, a penalty of 10% of such stormwater assessment shall be imposed and added thereto, and shall be paid by the owner or reputed owner of the unit for which the stormwater assessment was billed. The Borough may also file a Municipal Claim pursuant to Pennsylvania's Municipal Claims and Tax Liens Law, 53 P.S. § 7101 et seq., upon the real estate on which is situate the unit for which the stormwater assessment is imposed, together with all attorney's fees incurred in the collection or enforcement thereof as permitted by law.
Credits for onsite structural and nonstructural activities which reduce and manage stormwater runoff including detention, retention, or infiltration of water and recharge of the aquifer and thereby avoid or minimize public construction, operation, repair and maintenance of facilities and services shall be in accordance with a written policy to be adopted by resolution by the Borough Council of Spring Grove.
Floods from stormwater may occur occasionally that exceed the capacity of the stormwater management system maintained and financed with the stormwater assessment. Nothing in this chapter shall be deemed to imply that properties subject to charges shall always be free from flooding or flood damage, or that all flood control projects to control stormwater can provide complete protection from all flood and storm events. Nothing whatsoever in this chapter shall deem the Borough of Spring Grove liable for any damages incurred from stormwater or from adverse water quality. Nothing in this chapter purports to reduce the need or necessity for flood insurance and Spring Grove Borough expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon Spring Grove Borough, their officers, employees and agents arising out of any alleged failure or breach of duty with respect to the stormwater management system.
This chapter shall be and become effective on January 1, 2017.