[HISTORY: Adopted by the Board of Supervisors
of the Township of Pine 12-4-2017 by Ord. No. 382. Amendments noted where applicable.]
A.Â
The stormwater management needs of the Township of Pine have been
studied and identified through field investigations, citizen notifications,
engineering studies, and related planning activities, indicating that
more comprehensive and effective stormwater management in the Township
will contribute to the protection of health, safety and welfare of
its residents, and, also, the stormwater facilities, infrastructure
and activities associated with stormwater management shall provide
benefits to all properties, property owners, residents, visitors and
citizens of the Township of Pine.
B.Â
Inadequate management of stormwater runoff through a watershed can
increase and accelerate flows and velocities, contribute to erosion
and sediment, overtax the carrying capacity of existing streams and
storm sewers, greatly increase the cost of public activities and public
facilities to effectively convey and manage stormwater, undermine
floodplain management and flood reduction efforts in downstream communities,
reduce groundwater recharge, negatively impact other related water
resource needs and threaten public health and safety.
C.Â
Inadequate management of stormwater runoff throughout a watershed
can harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows, increasing erosion and sedimentation,
destroying aquatic habitat, and elevating aquatic pollution concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens.
D.Â
Stormwater is an important water resource which supports groundwater
recharge for water supplies and base flow of streams.
E.Â
A comprehensive program of public and private stormwater management
(utilizing both public and private facilities) which seeks to avoid
and minimize flooding, erosion, and water quality degradation is fundamental
to the public health, safety and welfare of the residents of the Township
of Pine, local properties, and the environment of the Township of
Pine and also of its neighboring communities.
F.Â
In order to establish, construct, operate, enhance and maintain stormwater
management facilities, systems, and management plans; ensure the continued
effective operation of the system through installation and management
of best management practices (BMPs); and provide other services such
as appropriate inspections, asset management, and regulatory oversight
associated with stormwater and watershed management, sufficient and
stable funding is required to support these public services.
G.Â
Multiple federal regulations, including those found at 40 CFR Part
122, and also Pennsylvania state regulations, require the Township
of Pine to implement and fund a program of stormwater management,
which controls are otherwise unfunded, and that address discharges
from the Township of Pine's regulated stormwater outfalls to local
water bodies. In accordance with these regulations, the Township of
Pine has a permit to manage stormwater discharges from its municipal
separate storm sewer systems ("MS4s") under the National Pollutant
Discharge Elimination System ("NPDES") regulations.
H.Â
The Township of Pine Board of Supervisors has developed a program
to establish fair, reasonable and equitable uniform fees so that property
owners within a stormwater management district (except those owning
properties that have been predetermined to already have appropriate
and adequate installation and maintenance, in accordance with best
management practices, of stormwater management facilities or those
properties that have been determined to be tax exempt) will pay an
equitable share of the costs of operation, maintenance, repair, inspection,
regulatory compliance, administration, replacement and construction
of improvements related to the stormwater management facilities, stormwater
management systems, management plans and related services provided
or paid for by the Township of Pine.
I.Â
The proposed program for creating the stormwater management district
and imposing the fees established herein has received input and comment
from the public through its review at publicly advertised public meetings
of the Township of Pine's Board of Supervisors (including on October
20, 2017) and has been the subject of a specific public hearing held
upon this chapter (and duly advertised by required public notice)
on December 4, 2017, at 6:30 p.m. in the Township of Pine's Community
Center.
J.Â
The fees as determined herein are fair, reasonable, equitable, and
uniform, and are based on the following facts:
(1)Â
The fees specified herein shall be applicable to all properties within
the Township of Pine's Stormwater Management District, except as may
otherwise be provided by the terms of this chapter.
(2)Â
Tax-exempt properties, as so determined by the Allegheny County Real
Estate Department, will not be assessed the fees specified herein.
(3)Â
All included residential properties with stormwater maintenance responsibilities
and which do not maintain their stormwater management facilities in
accordance with best management practices (as approved and inspected
by the Township) will be assessed a fee as provided herein and in
the Township of Pine Fee Schedule. The Township of Pine may contract
for the required maintenance on behalf of the responsible property
owners.
(4)Â
All included properties with stormwater maintenance responsibilities
and which do maintain their stormwater maintenance facilities in accordance
with best management practices (as approved and inspected by the Township)
will be credited the otherwise herein-required fee.
(5)Â
All nonresidential properties with stormwater maintenance responsibilities
and which do not maintain their stormwater management facilities in
accordance with best management practices (as approved and inspected
by the Township) will be required by the Township to separately provide
maintenance for their stormwater management facilities and will not
be charged the otherwise herein required fee.
Words and terms used in this chapter, and not given a specific
definition, as set forth in this section, shall be defined as may
be set forth in the applicable statutes and/or regulations of the
United States or of the Commonwealth of Pennsylvania and shall otherwise
be given their ordinary and common meaning:
Methods, procedures and analyses, as specified in the Pennsylvania
Stormwater Best Management Practices Manual, to reduce flooding potential
and to manage and control the volume, flow rate, and water quality
of stormwater.
A sum of money assessed, imposed, and to be collected from
the owner of each nonexempt property (having an Allegheny County property
identification number) within the Township of Pine Stormwater Management
District which uses, benefits from, or is serviced by the stormwater
management system or stormwater management facility or discharges
stormwater directly or indirectly, into the stormwater management
system or stormwater management facility, with such fee to be paid
to the Township of Pine for its utilization in planning, constructing,
operating, maintaining, regulating, inspecting, and improving such
system and facilities and the services provided thereby.
A lot or parcel within the Township of Pine's Stormwater
Management District created and recorded in the Allegheny County Department
of Real Estate which has been determined by the Allegheny County Assessor's
office to be exempt from the imposition of real estate taxes.
Any person, firm, corporation, individual, partnership, company,
association, organization, society or group owning herein affected
real property in the Township of Pine.
Each lot, parcel, building or portion thereof within the
Township of Pine's Stormwater Management District, separately established
by a property identification number (i.e., a lot and block number)
issued through the Allegheny County Department of Real Estate.
Runoff water from all precipitation events, snowmelt and
natural springs.
A geographic area within the Township of Pine consisting of land (and including the previously subdivided lots or parcels within) identified and described in § 71-3 of this chapter.
Components, including both man-made structures and natural
features, which comprise a stormwater management system (including,
but not limited to, storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, manholes, ditches, channels, basins,
outfalls, detention ponds and tanks, streets, curbs, drains, and all
devices, appliances, and stormwater BMPs, such as infiltration and
filtration facilities).
The system of runoff avoidance, infiltration, collection
and conveyance (including storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, manholes, ditches, channels, basins,
outfalls, and detention ponds and tanks, 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, regardless of ownership.
For the purpose of this chapter the extent of a stormwater
management system shall commence where stormwater runoff enters a
closed conduit system and extend to the exit of a structural outfall
to a stream, drainageway or watercourse. The extent of the stormwater
management system shall not include surface runoff or swales that
convey stormwater either to or away from a stormwater management system.
A lot or parcel within the Township of Pine's Stormwater
Management District created and recorded in the Allegheny County Department
of Real Estate and which has been determined by the Allegheny County
Assessor's office to be subject to the payment of real estate taxes
and is not the recipient of an established exemption therefrom.
Any person, firm, corporation, individual, partnership, company,
association, society, or group using, benefiting from or being served
by the stormwater management system and/or stormwater management facilities.
A.Â
Pursuant to the authority of Pennsylvania Act No. 62 of July 1, 2016
(P.L. 439) the Township of Pine hereby creates and establishes its
Stormwater Management District as a geographic area within the Township
of Pine consisting of land (and including the previously subdivided
lots or parcels within) identified and described therein in the following
plans of record (as recorded in the Department of Real Estate of Allegheny
County):
[Amended 12-6-2021 by Ord. No. 396]
|
Plans of Lots
|
As Filed of Record (Plan Book Volume/Page)
| |
|---|---|---|
|
Karrington Woods
| ||
|
Phase 1
|
P.B.V. 150, pages 199 through 200
| |
|
Phase 2
|
P.B.V. 152, pages 28 through 29
| |
|
Phase 3
|
P.B.V. 153, pages 52 through 53
| |
|
Phase 4
|
P.B.V. 159, pages 112 through 113
| |
|
Avonlea Estates Phase 2 (recorded as Enclave at North Park #2)
|
P.B.V. 166, pages 189 through 190
| |
|
Pine Timbers Plan No. 2
|
P.B.V. 178, pages 132 through 139
| |
|
Woodside Estates
| ||
|
Phase 1
|
P.B.V. 221, pages 60 through 61
| |
|
Phase 2
|
P.B.V. 228, pages 126 through 129
| |
|
Phase 3
|
P.B.V. 228, pages 130 through 133
| |
|
Northbrook Estates
|
P.B.V. 139, pages 106 through 107
| |
|
North Point Village
|
P.B.V. 148, pages 44 through 45
| |
|
Lloydmont Estates plan of lots
|
P.B.V. 148, pages 55 through 56
| |
|
Woodhaven Heights
|
P.B.V. 145, pages 62 through 64
| |
|
Fox Meadow
| ||
|
Phase 1
|
P.B.V. 161, pages 99 through 102
| |
|
Phase 2
|
P.B.V. 191, pages 115 through 116
| |
|
Woodland Farms Plan
|
P.B.V. 158, pages 185 through 190
| |
B.Â
Copies of the pertinent portions of the above-referenced plans are
attached hereto as exhibits (and incorporated herein by reference).
A further description of individual properties within the above-described
Stormwater Management District has been prepared by the Township Manager
and a listing of same is and shall be maintained in the offices of
the Township of Pine, 230 Pearce Mill Road, Wexford, PA 15090 (and
the provisions of same are hereby incorporated by reference).
The Township of Pine hereby establishes and imposes a fee, as
specified herein, upon each and every taxable parcel (having an Allegheny
County property identification number) within its Stormwater Management
District that uses or is benefited by the stormwater management system,
and/or stormwater management facilities, either directly or indirectly.
The fee herein shall be imposed for the use, benefit, construction,
inspection, planning, operation, maintenance, repair, replacement
and improvement of the stormwater management system and/or stormwater
management facilities. The fee herein shall be imposed on a yearly
basis and paid annually as follows:
A.Â
The fee shall initially be set at a flat rate of $100 per taxable
property where maintenance and operation of a stormwater management
facility is of multiple property owners (such as, but not limited
to, a homeowners' association or separate property owners within a
subdivision or land development plan where a viable homeowners' association
has not been created).
B.Â
The fee credit shall be initially set at a flat rate credit of $100
per taxable property where a stormwater management facility is the
responsibility of multiple property owners and such stormwater management
facility has been adequately maintained by such property owners, as
determined following inspection and certification by the Township
of Pine.
C.Â
When a group of multiple property owners either assumes responsibility
for operation and maintenance of stormwater management facilities
(when they did not so previously) or no longer performs or accepts
responsibility for operation and maintenance of stormwater management
facilities (when they did so previously) such changes shall be authorized
by official action of the Township of Pine Board of Supervisors at
a public meeting.
D.Â
When a group of multiple property owners requests to accept responsibility
for operation and maintenance of stormwater management facilities
(which was previously not so performed) the fee provided herein shall
continue to be charged, without credit, as otherwise specified herein,
for a period of three additional years after official action of the
Township of Pine Board of Supervisors, after which time the credit
specified herein shall become applicable.
The fee provided herein shall be uniformly assessed, liened
and collected in accordance with the applicability of responsibility
for the specified property's real estate taxes, unless exempted.
References in this chapter to "use," "user," "lot," "parcel,"
with respect to the assessment of fees shall not be construed to modify
or alter the fact that the fees authorized by this chapter shall be
assessed to the owner(s) of each separate property or parcel, and
such owner(s) shall be and remain liable for payment of same, whether
or not such owner occupies the property and therefore directly uses
the stormwater management facilities and stormwater management system.
Nothing in this chapter shall be construed to prohibit the owner's
ability to collect by lease or contract equivalent sums due from a
tenant or other occupier of the owner's property, but such lease or
contract shall not bind the Township of Pine or limit in any way its
authority to impose, assess, and collect the fees specified herein
from the owner(s) of the property and to lien a property regulated
hereby.
A.Â
The fee(s) fixed and established by this chapter shall be applicable,
beginning in calendar year 2018 and annually thereafter as to all
properties that use, are served, or are benefited by the stormwater
management system existing as of the effective date of this chapter,
and shall thereafter be applicable and effective to all other properties
that begin to use, be served or be benefitted by the stormwater management
system. Fees imposed by this chapter shall be assessed annually and
added as a line item to the annual Township real estate tax bill and
shall be due and payable by property owners using the same procedure
and timeline for same. The fees assessed and collected will not be
subject to proration or refund by the Township of Pine in the event
that a property is sold; provided, however, that a buyer and seller
of property shall not be precluded hereby from making their own private,
contractual agreement to provide for proration of credit between them
of any fees associated herewith.
B.Â
The Township of Pine Board of Supervisors may review and update the
fees fixed and established by this chapter by a subsequent resolution,
as may be deemed necessary from time to time, and as adopted by resolution
at a properly advertised meeting.
In accordance with Section 1612 of the Second Class Township
Code and the Municipal Claims Act, 53 P.S. § 7101 et seq.,
as amended, all fees, penalties, interest (at the permitted legal
rate upon the unpaid balance after its due date), collection fees
(including reasonable attorneys' fees), lien filing and satisfaction
fees and other charges imposed for failure to pay promptly the fees
assessed by this chapter, shall constitute a lien upon and against
the subject property and its owner from the date of their imposition
and assessment.
A.Â
Credits for fees otherwise imposed hereby will be provided when property
owner(s) have specifically requested such credit and the required
maintenance or repairs are performed in accordance with Township directives
on a timely basis and such stormwater facilities are current and in
accordance with acceptable standards (all as determined by the Township
in its reasonable discretion). Additionally, to qualify for such credit,
the property owner(s) shall be required to have executed a standard
operation and maintenance plan agreement (in a form acceptable to
the Township of Pine) which shall be recorded in the Allegheny County
Department of Real Estate acknowledging the owner(s)' ongoing maintenance
requirements.
B.Â
Any owner (or group of owners) who believes its fees have been calculated
in error may appeal such calculation to the Township of Pine's Board
of Supervisors, with such appeal to be heard promptly thereafter at
a public meeting.
All fees and other stormwater-related revenue authorized to
be imposed, assessed, and collected by this chapter shall be deposited
in the Township of Pine Stormwater Revenue Account, a separate account
dedicated to the operation, administration, maintenance, repair and
improvement of the stormwater management system. Such fees and revenue
shall, in accordance with the provisions of Pennsylvania Act No. 62
of July 1, 2016 (P.L. 439), be used only for the purposes authorized
thereby.
Flooding may occur occasionally due to stormwater volume that
exceeds the capacity of the Township of Pine's stormwater management
system. Nothing in this chapter shall be deemed to imply that properties
within the Township of Pine, including but not limited to those subject
to the fees imposed hereby, 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 Township of Pine liable
for any injuries or damages incurred, either directly or indirectly,
from stormwater or from adverse water quality. Nothing in this chapter
purports to reduce the need, appropriateness, or necessity for flood
insurance to be separately maintained by owners of properties, and
the Township of Pine expressly reserves its right to assert all available
legal immunities and defenses in any civil action seeking to impose
monetary damages upon the Township of Pine, its officers, employees
and agents arising out of any alleged failure of or negligence or
breach of duty regarding the stormwater management system.
The Board of Supervisors of the Township of Pine is hereby authorized
to do all acts (including authorization to delegate same to its authorized
Township management staff, Township Solicitor, and other duly authorized
agents) necessary to carry out the terms of this chapter, including
but not limited to performance of necessary ongoing repairs, maintenance,
or management associated with stormwater management functions within
the Township of Pine's Stormwater Management District and, also, the
collection of the related fees and costs established hereby.
If any section, paragraph, subsection, clause or provision of
this chapter shall be declared invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than that portion
specifically declared invalid.
