[Ord. No. 678, 11/28/2018]
1.
Application Fees and Deposits. The Board of Supervisors shall establish
from time to time by resolution fees and deposits to be paid by the
applicant/developer at the time of filing the relevant application
under this chapter.
2.
Review Fees and Expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to an SWM site plan, stormwater management facility and/or the review
of any application or request under this chapter, including, but not
limited to, the reasonable and necessary charges of the Township professional
consultants, the Township Engineer, and the Township Solicitor for
review and report on an SWM site plan, stormwater management facility,
application, request or agreement under this chapter, the inspection
of improvements, stormwater management facilities or BMPs related
thereto, and the attendance at meetings.
3.
Upon filing an application or request under this chapter, the applicant/developer
must agree, in writing, to pay costs actually incurred by the Township,
regardless of whether the work related thereto is ever initiated or
completed.
This Subpart B shall be known and referred to as the "Moon Township
Stormwater Management Fee Ordinance."
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
Terms used in this Subpart B and not given a specific definition
shall be defined as set forth in applicable statutes of the Commonwealth
of Pennsylvania or ordinances of Moon Township, if any, and shall
otherwise be given their ordinary and common meaning.
Any person, property owner, firm, corporation, individual,
partnership, company, association, society or group responsible for
the payment of services provided by the Moon Township Storm Sewer
System.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The measure of impervious ground cover for a typical single-family
residential property used in assessing the fees for each parcel of
property, and which has been determined to be 3,800 square feet.
Those hard surface areas that either prevent or impede the
entry of water into the soil under natural conditions, pre-existent
to development, or which cause water to run off the surface in greater
quantities, or at an increased rate of flow than under natural conditions,
pre-existent to development, including, without limitation, surfaces
such as rooftops, asphalt, concrete, or any other material that has
been compacted, engineered and intended for vehicular traffic or parking,
including, but not limited to, driveways and parking lots, or other
surfaces which similarly affect the natural infiltration or runoff
of natural drainage patterns existing prior to development including,
but not limited to, walkways, patio areas and storage areas. Compacted
gravel or crushed stone surfaces are considered impervious surfaces
for this analysis. In addition, any surface designed to be constructed
of permeable, pervious or porous concrete, asphalt or pavers are also
considered to be an impervious surface for this analysis.
The Township of Moon, Allegheny County, Pennsylvania, a Second
Class Township.
The associated costs for facilities, energy, manpower, materials,
property acquisition, transportation and all other services and equipment
required to collect, convey, detain, treat, pump and transport stormwater.
Each lot, parcel, building or portion thereof located within
the Township of Moon containing 800 or more square feet of impervious
surface. Property types identified as the basis of fee assessment
are as follows:
MULTIFAMILY RESIDENTIAL PROPERTYA property containing a single-, two-, three-, or four-family attached structure containing only two, three, or four dwelling units, with each unit having independent access to the outside.
NON-SINGLE-FAMILY RESIDENTIAL PROPERTYIndividual properties not used as a single-family detached property, single-family attached property or multifamily property. These may include manufactured homes and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, multifamily dwelling containing five or more dwelling units, lots with more than one detached single-family house, places of worship, places of assembly, condominium association plans, parking lots or garages, schools and other educational facilities, storage buildings and storage areas covered with impervious surfaces, research stations, hospitals, convalescent centers, airports, agricultural, water reservoirs, water and wastewater treatment plants, and parcels with two or more single-family detached dwellings.
SINGLE-FAMILY ATTACHED RESIDENTIAL PROPERTYAn individual property containing one dwelling unit that is designed for occupancy by one family located on one parcel of land that is attached to another dwelling unit. This does not include individual units in a multifamily dwelling containing two, three, or four units in which the individual dwelling units are located on a single parcel. This definition does not include individual units in a condominium association plan in which the subject lot includes only the extent of the individual condominium unit, with adjacent driveways, access roads, and open areas located on common ground.
SINGLE-FAMILY DETACHED RESIDENTIAL PROPERTYAn individual property containing one dwelling unit that is designed for occupancy by one family located on one or more individual lots or parcels of land that is not attached to another dwelling unit. This does not include individual units in a condominium association plan or mobile home community in which the subject lot includes only the extent of the individual condominium unit or mobile home, with adjacent driveways, access roads, and open areas located on common ground.
The associated costs of purchasing and installing equipment,
accessories or appurtenances that are necessary to maintain the requisite
capacity and performance of the Moon Township Storm Sewer System.
The system of collection and conveyance, including pipes,
conduits, mains, 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
including, but not limited to, the facilities included in the Moon
Township Municipal Storm Sewer System (MS4) and the implementation
of the Moon Township Stormwater Management Program and Pollutant Reduction
Plan.
Runoff water from all precipitation events, snowmelt and
springs.
Sums assessed, imposed and to be collected for each property
that uses, benefits from or is serviced by the Moon Township Storm
Sewer System, or that discharges stormwater, directly or indirectly,
into the Moon Township Storm Sewer System or otherwise discharges
into the waterways of the commonwealth.
A building which contains at least three but no more than
eight single-family dwelling units, each of which are separated from
the adjoining unit or units by a continuous, common wall extending
from the basement to the roof, each unit having independent access
directly to the outside and having no units above or below. For the
purpose of this definition each dwelling unit is located on an independent
tax parcel containing no other dwelling units.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
1.
A stormwater management fee is hereby imposed upon each and every
property, as each and every property is benefitted by the Moon Township
Storm Sewer System and the implementation of the Moon Township Stormwater
Management Program and Pollutant Reduction Plan, as required by the
Township's NPDES MS4 permit.
2.
The stormwater management fee shall be $5.50 per ERU per month initially and shall be set annually thereafter by resolution of the Board of Supervisors of the municipality, which will be billed on a quarterly or monthly basis in accordance with § 23-715. Moon Township, or its billing agent, shall commence billing for the stormwater fee as soon as practical after May 1, 2020.
3.
Each property that is a single-family detached residential property
shall be charged for one ERU.
4.
Each property that is a single-family attached residential property
shall be charged for 0.5 ERU.
5.
Each property that is a multi-family residential property shall be
charged for 0.5 ERU for each dwelling unit located on the property.
6.
The charge for a non-single-family residential property, or any property not identified in Subsection 3, 4 or 5 above, shall be assessed at a rate based upon the number of square feet of impervious surface, as determined by measurement through aerial photography and surface feature evaluation, expressed in whole ERUs by rounding to the next highest one-half of one ERU. The charge shall be computed by multiplying the number of ERUs for a given property by the unit rate established by Moon Township as set forth above in Subsection 2 above or as adopted by resolution of the Board of Supervisors.
7.
The minimum charge for every non-single-family residential property
shall be one ERU.
A.
Notwithstanding the foregoing, the following properties shall be
exempt from rental, rates and charges under this Subpart B:
8.
The charges as determined herein are fair and equitable and are based
upon the following:
A.
That a minimum fee per property is reasonable;
B.
That the basis for the equivalent residential unit being 3,800 square
feet of impervious surface was an equally assessed statistical sampling
of properties in Moon Township;
C.
That the requirement a property has at minimum 800 square feet of
impervious surface is reasonable based on the use of aerial photography
and surface feature evaluation to determine total amounts of impervious
surface existing in Moon Township;
D.
That the use of aerial photography and surface feature evaluation
provides an accurate measurement for impervious surfaces;
E.
That the standard charge for an individual dwelling unit is based
on the fact that there is not a great deal of variation in size.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
The stormwater management fee shall be assessed, imposed, liened
and collected equally based upon the same calculations and procedures
as to all customer(s) for each property.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
1.
The stormwater management fee imposed by this Subpart B shall be
assessed and billed to property owners by Moon Township or its designated
billing agent on a quarterly basis.
2.
Any payment not received by the due date will be subject to a 1.5%
penalty. In addition, interest shall be charged at the rate of 1.5%
per month on all delinquent payments.
3.
The stormwater management fee assessed and collected will not be
subject to proration or refund by Moon Township in the event a property
is sold; provided, however, that this provision shall not bind a buyer
and seller from making their own proration of any portion of the stormwater
management fee.
4.
All costs for collection procedures, including but not limited to
fees for filing, perpetuation and satisfaction of liens, collection
fees, attorney fees, court costs, litigation expenses and charges
for the service of documents shall, upon being incurred by Moon Township,
be imposed as a charge for nonpayment and added to the balance due
on the property customer's account.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
In accordance with the Municipal Claims Act, 53 P.S. § 7101
et seq. (as amended), all fees, penalties, interest, collection fees,
lien filing fees, satisfaction fees or any other charge imposed for
failure to make prompt payment shall constitute a lien upon and against
the subject property from the date of imposition and assessment.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
Credits against the stormwater management fee are an appropriate
means of adjusting the assessment of fees owed to account for the
implementation of mitigating measures. Credits shall be applied as
described in the Stormwater Management Fee Study, prepared by Lennon,
Smith Souleret Engineering, Inc., dated October 2019. Applications
for credit shall be filed with the Township Manager, on forms supplied
by the Township.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
1.
Any property customer or owner who believes the provisions of this
Subpart B have been applied in error may appeal in the following manner
and sequence.
A.
The appeal of the stormwater management fee must be delivered or
mailed to the Township Manager or designee, within 30 days of the
charge being mailed to the property customer. The appeal must be in
writing, on form supplied by the Township, and state all reasons for
the appeal. Using the information provided by the appellant, and also
any other investigation that is needed in the Township Manager's
opinion, the Township Manager or designee shall review the written
submission and respond to the appeal in writing within 60 days. The
Township Manager has the authority to adjust the stormwater management
fee if deemed appropriate.
B.
A decision of the Township Manager that is adverse to appellant may
be further appealed to the Moon Township Board of Supervisors within
30 days of the adverse decision being issued. The appellant shall
state in writing the grounds for further appeal and shall mail or
deliver the appeal to the Township Manager or designee. The appellant
shall be permitted to present his/her appeal to the Board of Supervisors
at the next scheduled meeting that is at least seven days after receipt
of the appeal by the Township Manager. The Board of Supervisors shall
issue a written decision on the appeal within 30 days of its presentation.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
The Moon Township Board of Supervisors may by resolution adopt
such policies and procedures as it deems appropriate and necessary
to ensure collection of storm sewer rental, rates and charges assessed
and imposed pursuant to this Subpart B. Without limitation, collection
procedures may include referral of delinquent account to a collection
agency; filing of liens; scire facias sur municipal lien proceedings
to collect filed liens; and any and all other measures or combination
thereof that the Board of Supervisors of the municipality may deem
appropriate.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
The funds received from the collection of the stormwater management
fee authorized by this Subpart B shall be deposited into a Storm Sewer
Revenue Fund, a fund and account hereby created and dedicated to the
operation, administration, maintenance, repair and improvement of
the storm sewer system.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
If any section, subsection, sentence, clause, phrase or portion
of this Subpart B or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this Subpart B or its application, for such
portion shall be deemed as a separate, distinct and independent provision
from the remaining provisions that shall be and remain in full force
and effect. It is hereby declared the legislative intent that this
Subpart B would have been adopted had such invalid or unconstitutional
provision of its application not been included therein.
[Ord. No. 688, 12/18/2019; as amended by Ord. No.
692, 6/3/2020]
This Subpart B shall take effect upon adoption.
