[Added 2-4-2020 by Ord. No. 943, approved 2-4-2020]
The Borough Council of the Borough of Shippensburg is responsible for the protection and preservation of the public health, safety, and welfare of the community and the environment and finds that it is in the best interest of the health, safety, and welfare of the citizens of the Borough and the community at large and the environment to proceed with the development, implementation, and operation of a utility for stormwater management accounted for in the Borough budget as a separate utility dedicated solely to stormwater management and to institute funding methods associated therewith.
The following definitions shall apply to this Article X. Any word or phrase not defined below but otherwise defined in the Code of Ordinances shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise:
- BOROUGH STANDARDS
- The Borough of Shippensburg rules, policies, procedures, regulations and ordinances that govern water quality and water quantity, including but not limited to the Subdivision and Land Development Ordinance, the Zoning Ordinance, and any stormwater design manual together with all procedures, rules, regulations and policies pertaining thereto as these may be updated or amended from time to time.
- All persons, parcels, trusts, corporations, partnerships, companies and entities served by the utility's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, parcels, trusts, corporations, partnerships, companies and entities which will ultimately be served or benefited as a result of the stormwater management program.
- PRIVATE STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
- Those natural and man-made channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainage ways, inlets, catch basins, pipes, headwalls, storm drains, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff or water quality, which are not public.
- PUBLIC STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
- Those natural and man-made channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainage ways, inlets, catch basins, pipes, headwalls, storm drains, public streets, curbs and gutters, lakes, and other physical works, properties and improvements which transfer, control, convey or otherwise influence either the movement of stormwater runoff or water quality, which are either owned by the Borough or for which the Borough has accepted an offer of dedication of an easement or other legally binding permanent right of use for stormwater drainage, and for which the Borough has the obligation of maintenance for stormwater drainage purposes.
- STORMWATER MANAGEMENT SERVICES
- Addresses the quality and the quantity of stormwater runoff and include all services provided by the Borough which relate to the:
- A. Operation, maintenance, repair, enhancement and replacement of existing public stormwater management systems and facilities;
- B. Planning, development, design and construction of additional stormwater management and facilities to meet current and anticipated needs;
- C. Regulation of the use of stormwater management services or of stormwater management systems and facilities;
- D. Education of the public as to stormwater management;
- E. Development plan review to require compliance with Borough standards;
- F. Inspection for water quantity and water quality to require compliance with generally accepted standards;
- G. Monitoring for water quantity and water quality to determine compliance with generally accepted standards, state water quality standards and stormwater management programs;
- H. Other services as may be deemed appropriate.
- STORMWATER SERVICE FEES
- The periodic service charge imposed by the Borough of Shippensburg to a customer pursuant to this Article X for providing the stormwater management services and stormwater management systems and facilities, which fees shall be used only for the purpose of funding the Borough of Shippensburg's Stormwater Utility's cost of providing stormwater management services and stormwater management systems and facilities.
The Borough hereby establishes and creates the Stormwater Utility as a department of the Borough of Shippensburg. The Stormwater Utility shall be responsible for providing stormwater management services, for providing stormwater management systems and facilities and for determining labor, material and administrative fees for the operation of the Stormwater Utility in the Borough of Shippensburg.
The Borough Council of the Borough of Shippensburg hereby transfers responsibility for stormwater services over the existing stormwater management systems and facilities and other related assets, including but not limited to properties upon which such facilities are located, easements, rights-of-entry and access, and certain equipment to the Stormwater Utility.
The Stormwater Utility shall provide stormwater management services for existing and proposed public stormwater management systems and facilities as defined in this Article X, subject to funding availability and to policy determinations made in the best interest of the public health, welfare and safety and the environment. Additionally, the Stormwater Utility, at the Borough's sole discretion, may accept the responsibility for providing stormwater management services to private stormwater management systems and facilities, acceptance of which conforms to policies, rules and/or regulations established by Borough Council of the Borough of Shippensburg or those persons or entities designated by the Borough Council to set such policies, rules and/or regulations.
The Stormwater Utility may, subject to the approval of an intermunicipal cooperation agreement, provide similar or same such services to the other municipalities in the Counties of Cumberland and Franklin, pursuant to the laws of the Commonwealth of Pennsylvania.
The Borough of Shippensburg Stormwater Utility is permitted to provide stormwater management services and access those stormwater management systems and facilities which are located within public road rights-of-way and public road easements, on private property but within easements granted to and accepted by the Borough, or are otherwise permitted to be located on such private property by written agreements for rights-of-entry, rights-of-access, rights-of-use or other permanent provisions, or on public land which is owned by the Borough or by another governmental entity, and with which the Borough has written agreements to provide stormwater management services and access to the stormwater management systems and facilities.
The Stormwater Utility may provide stormwater management services to privately owned stormwater management systems and facilities to ascertain that said facilities are functioning as designed and approved. The Stormwater Utility may provide for remedial maintenance of said private facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare and the environment, and, in cases where such remedial maintenance is required, the Borough shall bill the owner or owners of said private facility for the costs of such maintenance in accordance with applicable law.
It is the express intent of this Article X to provide for the protection of the public health, safety and welfare of people, property and the environment, in general, subject to the availability of funding and personnel to perform such actions, as determined in the discretion of Borough Council. The Borough expressly reserves the right to assert any and all available immunities, privileges, limits of liability and defenses in any action seeking to impose monetary damages or equitable remedies upon the Borough, its elected or appointed officials, officers, employees and agents arising out of any alleged failure or breach of duty.
The Borough Manager shall supervise all municipal utility functions of the Stormwater Utility, including but not limited to planning, developing and implementing proposals and programs, administration of revenues and expenses, maintenance and expansion of services, conferring with residents and public officials and the supervision and direction of the activities of supervisory, technical, clerical staff, and consultants.
The Borough Manager shall establish a Stormwater Utility in the Borough budget and accounting system for the purpose of dedicating and protecting funding applicable to the purposes and responsibilities of the Stormwater Utility, including but not limited to rentals, rates, charges, fees, and licenses as may be established by resolution of the Borough Council, and amended from time to time.
Any revenues and receipts of the stormwater utility shall be placed in the Stormwater Utility funds and all expenses of the Stormwater Utility (including internal administrative services provided to the Stormwater Utility) shall be paid from the Stormwater Utility funds, and any deficiency in funding from other appropriate Borough funds.
The Borough Council hereby establishes a monthly stormwater service fee of $5 per connection to the sanitary sewer system for each parcel within the Borough.
The stormwater service fee shall be billed to the customer on a quarterly basis; provided however, the stormwater service fee may be billed on a separate invoice, or on a customer utility statement and collected along with other fees for other services provided by the Borough, at the Borough's sole discretion.
A stormwater service fee bill may be sent through the United States mail or by alternative means notifying the customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel which is served with a sewer connection(s) shall be ultimately obligated to pay such fee. If a customer is under-billed or if no bill is sent for developed land, the Borough may back bill for a period of up to one year, but shall not assess penalties for any delinquency due to the failure to send a bill or an under-billing. A late charge shall be assessed against the owner for the unpaid balance of any stormwater utility service charge that becomes delinquent.
Each customer shall pay a stormwater service fee regardless if any other utility services are furnished to said property or parcel. For example, disconnection of water or sanitary sewer service does not remove the requirement to pay the stormwater service fee. Only undeveloped land may be exempt. When other utility services are discontinued at any property, a notice of continuing stormwater service fee requirements shall be provided promptly.
The penalty added after the due date will be 1.5% per month (18% per annum).
In accordance with the Municipal Claims Act, 53 P.S. § 7101, et seq. (as amended), all rates and charges, penalties, interest, collection fees, lien filing and satisfaction fees and other charges imposed or assessed, including but not limited to reasonable attorney fees, 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.