A.
A stormwater management fee ("fee"), as described, defined and calculated
herein, is hereby imposed upon each property within the Township.
A.
For purposes of determining the appropriate assessment rate for the
stormwater management fee, all properties that are subject to the
stormwater management fee are assigned to be either a single-family
residence (SFR) or a nonresidential property (NRP).
A.
The Township will prepare the necessary data for collecting the stormwater
management fee from property owners subject to the fee, including
the identification of every parcel of property to be charged and the
amount of the fee.
B.
In the first year of the assessment of the stormwater management
fee, all properties will be issued an assessment notice by Conewago
Township with the property's estimated fee and the basis of that
fee. In subsequent years, only newly developed properties or properties
where the impervious surface has been modified will be issued assessment
notices.
C.
Conewago Township will include the fee as a separate utility bill
for each property owner whose property is subject to the fee.
D.
Should the fee not be paid when due, a finance charge shall accrue
thereon monthly at the same rate as finance charges accrue on unpaid
Conewago Township sanitary sewer bills.
E.
Conewago Township shall deposit all payments collected under this
section into the Township Stormwater Management Fund.
A.
The stormwater management fee shall be based on a calculation of
equivalent residential units (ERUs) as follows:
(1)
The equivalent residential unit (ERU) calculation is based on the
average impervious area of all single-family residences (SFRs) in
Conewago Township.
(2)
The Township shall compute the stormwater management fee per equivalent
residential unit (ERU).
(3)
The equivalent residential units (ERUs) and the fee per ERU utilized
by the Township shall be reassessed from time to time by resolution
of the Township Board of Supervisors consistent with the definition
of "equivalent residential unit (ERU)" of this chapter.
A.
All sums collected from the payment of stormwater management fees
shall be deposited into Conewago Township's Stormwater Management
Fund.
B.
The Stormwater Management Fund shall be used by the Township solely
for i) the implementation and management of the stormwater program;
ii) constructing, operating, and maintaining stormwater facilities;
and iii) payment of other project costs and performance of other functions
or duties authorized by law in conjunction with the maintenance, operation,
repair, construction, design, planning and management of stormwater
facilities, programs and operations. All stormwater facilities shall
be operated in accordance with applicable laws. The Township shall
have all reasonable and lawful authority to construct, operate, repair,
relocate and maintain the stormwater facilities and shall have the
authority to enforce the provisions of this chapter.
A.
The Township may provide a system of credits against stormwater management
fees for properties on which stormwater facility construction or maintenance
substantially mitigates the peak discharge or runoff pollution flowing
from such properties or substantially decreases the Township's
cost of maintaining the public stormwater system. The Township will
develop written policies to implement the credit system. Such system
of credits may be set forth from time to time by the Township in the
policies and procedures promulgated hereunder.
B.
Credits may be provided in recognition of the use of properties as
corridors with independent, improved and maintained stormwater management
systems that pass through private and/or public properties and that
collect and control the drainage through those properties.
C.
The Township may issue a maximum credit to a property owner as specified
in the application provided by the Department if the property contains
a Township stormwater management system and the system is maintained
in accordance with the maintenance requirements of the Department.
D.
Credit application schedule.
(1)
To receive a credit, the property owner must submit an application
to the Township on a form prescribed by the Township not later than
October 31 of the year before payment of the fee is due.
(2)
Once approved, a credit is valid for two years. To renew a credit,
the property owner must reapply to the Township on a form prescribed
by the Township not later than October 31 of the year before payment
of the fee is due.
(3)
The credit shall become effective on the first day of the property's
billing cycle following the approval of the credit.
(4)
Appeals. The property owner may appeal the Township's decision
regarding the issuance or nonissuance of a credit to the Board of
Appeal no later than 30 days after the date of the decision by the
Township. For purposes of calculating the appeal period, the date
of the decision shall be the date of mailing same by the Township
to the property owner.
A.
Within 30 days of the date of any assessment, a property owner may
file a petition for review and/or adjustment to the Township in writing
on a form provided by the Township if the property owner believes
that the property which is the subject of the assessment:
(1)
Has been categorized a property (either single-family or nonresidential)
with impervious coverage where none exists.
(2)
Is a nonresidential property where the assessed value of impervious
coverage is incorrect (based on actual field measurements).
(3)
Is not current in that the property was sold and assessment and corresponding
pending fee is to be charged to a new owner. All previously issued
fees will be the responsibility of the owner who was in place at the
time the fee was assessed (first half or second half of year).
(4)
Is for some other reason incorrect or improper. However, unwillingness
to pay and/or financial status or lack thereof are not valid grounds
for review and/or adjustment of the fee.
B.
When submitting a petition for review and/or adjustment of the fee
as set forth above, the property owner must include a detailed statement
of the basis for the appeal and documents supporting the owner's
assertion that the property assessment requires review/adjustment.
C.
When submitting a petition for appeal of a denial of a credit, the
property owner must include a detailed statement of the basis for
appeal along with any documents necessary to support the appeal and
pay any fees established by resolution of the Township Board of Supervisors
for the handling of such appeals.
D.
If the Township Board of Supervisors concludes that the petition
for review and/or adjustment should be granted or the Township Board
of Supervisors grants the appeal of a denial of a credit, Conewago
Township shall make an adjustment to the property owner's bill
and may either refund any overpayment for the current levy year to
the property owner or apply a credit on the subsequent bill equal
to the adjustment amount.
E.
No appeals may be taken to the Appeals Board unless and until a petition
for reconsideration/adjustment or the appeal of a denial of a credit
has been filed with and ruled upon by the Township.
A.
The Board of Supervisors shall appoint the members of the Conewago
Township Stormwater Appeals Board (or other designated committee),
which shall consist of five members. The five members need not be
residents of Conewago Township and shall hold no other office in the
Township. The Board members shall be appointed for annual terms of
three years, with the initial terms to be staggered so that no more
than two members' terms shall expire in any one year. Members
may succeed themselves upon expiration of their terms.
B.
The Appeals Board shall elect from its members its officers, who
shall serve annual terms as such and may succeed themselves. For the
conduct of any hearing and the taking of any action, a quorum shall
be not less than a majority of all members of the Appeals Board.
C.
The Appeals Board may make, alter and rescind rules and forms for
the conduct of its meetings, consistent with the ordinances of Conewago
Township and the laws of the commonwealth. The Appeals Board shall
keep full public records of its business, which records shall be the
property of Conewago Township. The Board shall submit a report of
its activities to the Township Board of Supervisors and the Township
Manager as requested from time to time.
D.
Any Appeals Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Township Board of Supervisors, taken after the member has received
15 days' advance notice of the intent to take such a vote. If
the member shall request a hearing in writing, the Board of Supervisors
shall conduct such hearing and make a determination of whether the
member should be removed from the Board. The decision of the Board
of Supervisors shall be in writing and shall be delivered to the member
at his/her last known address.
E.
The Appeals Board shall conduct all of its meetings and make decisions
regarding proper applications in accordance with the following requirements:
(1)
Written notice shall be given to the property owner requesting the
appeal.
(2)
The meeting shall be held within 90 days from the date of the applicant's
request, unless the applicant has requested or agreed in writing to
an extension of time.
(3)
The meeting shall be conducted by the Appeals Board, which shall
render its decision at a public meeting to be held no later than 45
days after the hearing is concluded.
(4)
The parties to the meeting shall be Conewago Township, any person
affected by the application who has made timely appearance of record
before the Board and any other person, including civic or community
organizations, permitted to appear by the Board. The Board shall have
the power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Board for that
purpose.
(5)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded by the Board.
(6)
The Board members shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate;
shall not take notice of any communication, reports, staff memoranda
or other materials, except upon advice from their Solicitor, unless
all parties are afforded an opportunity to contest the material so
noticed; and shall not inspect the site or its surroundings with any
party or his representative unless all parties are given an opportunity
to be present.
(7)
The Board shall render a written decision or, when no decision is
called for, make written findings on the application within 45 days
after the last hearing before the Board. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact. Conclusions based on any provisions of this chapter or of
any ordinance rule or regulation shall contain a reference to the
provision relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found.
(8)
A copy of the final decision shall be delivered to the applicant
personally or mailed to him not later than three days following the
date of the decision. To all other persons who have filed their name
and address with the Board not later than the last day of the hearing,
the Board shall provide, by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full
decision or findings may be examined. The date of the decision for
purposes of calculating the period in which to take an appeal shall
be the date of mailing of the decision to the applicant.
(9)
The Conewago Township Stormwater Appeals Board shall have exclusive
jurisdiction to hear and render final adjudications to:
(a)
Appeals of the Township's denial of a credit; and
(b)
A property owner's appeal/request for a review and an adjustment
of the assessment and matters related thereto, including, but not
limited to, designation of the property owner's property and
the impervious area measurements used to calculate the number of base
units for the property.
A.
The Conewago Township Board of Supervisors may, from time to time,
by resolution, establish fees for the processing and handling of petitions
for reconsideration or adjustment, appeals and any other matters related
to the enforcement of this chapter.
A.
Conewago Township, or any other official properly authorized by the
Township Manager, may utilize any and all of the following remedies
to pursue collection of any unpaid stormwater management fees:
(1)
In accordance with the Municipal Claims Act, 53 P.S. § 7101
et seq. (as amended from time to time), all unpaid stormwater management
fees, penalties, interest, attorney's fees, collection fees,
lien filing 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,
and the Township may take any and all action to file and/or collect
the same in accordance with said Act.
(2)
File any appropriate action, whether in law or in equity, in any
court of competent jurisdiction to collect all unpaid stormwater management
fees, finance charges, attorney's fees, court costs, and other
costs of collection.
(3)
Refer the collection of all such unpaid stormwater management fees
and other charges to a collection agency.
B.
All costs of collection of unpaid stormwater management fees and
other charges thereon, including, but are not limited to, fees for
filing, perpetuation and satisfaction of liens, collection fees, attorney's
fees, court costs, litigation expenses and charges for service of
documents, shall, upon being incurred by Conewago Township, be imposed
as a charge for nonpayment and added to the balance due on said property
owner's account.
A.
The Board of Supervisors may promulgate policies and procedures,
appeal applications and other forms relating to the interpretation,
enforcement and application of the provisions of this chapter.
A.
Floods from runoff may occur that exceed the capacity of stormwater
facilities constructed and maintained by funds made available pursuant
to this chapter. This chapter does not imply that property subject
to the fees and charges established herein will be free from stormwater
flooding or flood damage. The Township shall not be liable to any
person for any flood damage. Further, payment of a stormwater fee
to the Township does not relieve a property owner or customer from
any local, state or federal requirements to obtain flood insurance,
to take flood relief measures at his property or to comply with all
laws and stormwater management regulations applicable to the property.
B.
The Township, by taking action pursuant to this chapter, does not
waive, reduce, lessen or impair the lawful police powers vested in
Conewago Township under applicable federal, state and local laws and
regulations.
C.
The failure of Conewago Township to insist on timely performance
or compliance herewith shall not constitute a waiver of the Township's
right to later insist on the same. Further, the failure of Conewago
Township to enforce any provision of this chapter on one occasion
shall not operate as a waiver or estoppel of its right to enforce
any provision of this chapter on any other occasion, nor shall the
failure to enforce any prior ordinance or rule or regulation relating
to sewer services, water services, stormwater services, sewer charges,
water charges or the stormwater management fee act as a waiver or
estoppel against enforcement of this chapter or any other provision
of applicable law.
