[HISTORY: Adopted by the Board of Commissioners of the Township
of Cheltenham 12-15-2021 by Ord. No. 2434-21. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Cheltenham
Township Stormwater Management Ordinance and Fee Structure."
The Township makes the following findings:
A.
The stormwater management needs of Cheltenham have been identified
through citizen notifications, field investigations and engineering
studies, indicating more comprehensive and effective stormwater management
in Cheltenham would contribute to the protection of the health, safety
and welfare of the residents and property owners, and that additional
stormwater facilities, infrastructure and activities associated with
stormwater management would provide services and benefits to all properties,
property owners, residents, businesses, and citizens of Cheltenham.
B.
Inadequate management of accelerated stormwater runoff throughout
a watershed can increase flood flows and velocities, contribute to
erosion and sedimentation, overtax the carrying capacity of existing
streams and stormwater management facilities, greatly increase the
cost of public facilities to convey and manage stormwater, undermine
floodplain management and flood reduction efforts in upstream and
downstream communities, reduce groundwater recharge, impact other
related water resource needs and threaten public health and safety.
C.
Inadequate planning and management of stormwater runoff throughout
a watershed can harm surface water resources by changing the natural
hydrologic patterns, accelerating stream flows (which increase scour
and erosion of stream beds and stream banks, thereby elevating sedimentation),
destroying aquatic habitat, and elevating aquatic pollutant concentrations
and loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources can also be impacted through loss of recharge.
Stormwater is an important water resource which supports groundwater
recharge for water supplies and base-flow of streams.
D.
A comprehensive program of public stormwater management services
which seeks to avoid and minimize flooding, erosion, and water quality
degradation is fundamental to the public health, safety, welfare of
the residents of Cheltenham Township, local property and the environment.
E.
In order to establish, operate, enhance and maintain the stormwater
infrastructure of the Township, ensure the continued effective operation
of the stormwater system through installation and management of best
practices, and to 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 fund these public services.
F.
Federal regulations, including those found at 40 CFR Part 122, and
Pennsylvania state regulations require the Township to implement a
program of stormwater controls that regulates the discharge from the
Township's regulated stormwater outfalls to local water bodies.
In accordance with those regulations the Township is required to obtain
a permit that allows stormwater discharges from its municipal separate
storm sewer system ("MS4") under the national pollutant discharge
elimination system regulations. Under the MS4 permit, the Township
is also required to develop and implement a pollution reduction plan,
which requires the implementation of projects that demonstrably reduce
pollutant loads in waterways. In addition, municipalities within the
Wissahickon Creek Watershed are required by federal and state environmental
agencies to reduce the total maximum daily load ("TMDL") of pollutants
like phosphorus and sediment and it is likely that TMDL requirements
will be placed on the Tookany Creek Watershed.
G.
The Township intends to establish fair and equitable user fees to
assure that each developed property within the Township will pay a
proportionate share of the costs of operation, maintenance, repair,
administration, replacement and improvement of all stormwater services
provided or paid for by Cheltenham Township based on lot size for
single-family residential ("SFR") properties and based on an impervious
surface rate methodology for other developed properties. Based on
a sample of properties throughout the Township, the Township has determined
that on average SFR properties less than or equal to 0.1 acre (4,356
square feet) in size have approximately half as much impervious surface
as a typical SFR property and SFR properties greater than 0.5 acre
(21,780 square feet) in size have approximately twice as much impervious
surface as a typical SFR property.
H.
A proposed program for imposing user fees has received input and
comment by the public through multiple public meetings throughout
the stormwater fee development process, including an advertised, public
webinar meeting held on August 25, 2021 to identify and receive input
on prioritizing areas with the highest risk of flooding and uncontrolled
stormwater flow as well as comment and input from the Stormwater Advisory
Committee.
I.
A user fee schedule based on land area and impervious surface area
documented by 2018 aerial imagery from the Pennsylvania Emergency
Management Agency (PEMA) and other information sources available to
the Township has been determined to be an appropriate method to raise
revenue that will be dedicated exclusively to supporting a more effective
stormwater management program, in accordance with the following determinations:
(1)
A minimum fee per developed property is reasonable.
(2)
Subject to such minimum level, basing the fee upon lot area acreage tiers, as described in § 292-4 below, was derived from a statistical sampling of impervious surfaces on SFR properties in the Township.
(3)
Under the tiered approach, SFR properties would be covered by the
acreage tiers.
(4)
All other developed properties would be classified as "other developed
properties" and shall be charged a user fee based on actual measured
impervious surface using the 2018 aerial imagery from PEMA and other
information sources available to the Township.
(5)
The operation, maintenance, repair, replacement and improvement of
the Township stormwater management system has been and will be of
substantial and direct benefit to users. The operation, maintenance,
repair, replacement and improvement of the Township stormwater management
system will also benefit downstream owners and occupants.
A.
Words and terms used in this chapter, and not given specific definition,
shall be defined as set forth in the applicable statutes of the Commonwealth
of Pennsylvania or ordinances of the Township, if any, and shall otherwise
be given their ordinary and common meaning.
B.
BEST MANAGEMENT PRACTICES
CHELTENHAM
DEVELOPED PROPERTY
EQUIVALENT RESIDENTIAL UNIT (ERU)
IMPERVIOUS SURFACE
OTHER DEVELOPED PROPERTIES (ODP)
OWNER
PENNSYLVANIA STORMWATER BEST MANAGEMENT PRACTICES MANUAL
PROPERTY
REPLACEMENT
SINGLE-FAMILY RESIDENTIAL (SFR) PROPERTIES
STORMWATER
STORMWATER MANAGEMENT SYSTEM
TOWNSHIP
USER
USER FEE(S)
For purposes of this chapter, the following words and terms shall
be defined, as set forth below (the terms appear below in bold for
convenience but do not appear in bold throughout the remainder of
the chapter):
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.
Cheltenham Township, Montgomery County, Pennsylvania, a home
rule municipality.
A parcel in the Township altered from a natural state that contains impervious surface equal to or greater than 250 square feet. Developed parcels do not include property defined as "public street" with the Cheltenham Township Subdivision and Land Development Ordinance, Chapter 260 of the Township Code, common area parcels (i.e., parcels without dwelling units) owned by homeowner associations of townhouse condos, parcels owned by the Township, parcels owned by the Cheltenham School District, properties owned by a fire company officially sanctioned by Cheltenham Township, and land under initial development prior to issuance of a certificate of occupancy; however, a parcel formally approved for land development or subdivision that does not receive a certificate of occupancy within three years from start of construction will be considered a developed property.
[Amended 4-20-2022 by Ord. No. 2439-22]
The measure of impervious ground cover for a typical SFR
property used in assessing the fees for each developed property, and
which has been determined to be 3,593 square feet.
A surface that prevents or impedes the infiltration of water
into the ground. Impervious surfaces include, but are not limited
to, sidewalks, packed dirt or stone paths, parking areas, driveways
and private roads, pavements, driveway areas and roofs. Any surface
areas designed to be gravel or crushed stone shall be regarded as
impervious surfaces. Railroad track ballast is not included as impervious
surface. The water surface area of a swimming pool is included as
impervious surface.
All developed properties other than single-family residential
properties, including multifamily properties such as apartments, apartment-style
and/or condominium buildings or complexes, common areas associated
with such uses, and commercial, institutional, and industrial property.
Any person, firm, corporation, individual, partnership, company,
association, organization, society or group owning real property in
the Township.
The most up-to-date version of the Pennsylvania Stormwater
Best Management Practices Manual.
Each lot, parcel, building or portion thereof, separately
established by tax parcel number on the tax rolls of Cheltenham Township
or Montgomery County.
The associated costs of obtaining and installing equipment,
accessories or appurtenances which are necessary during the service
life of the Cheltenham stormwater management system so as to maintain
the capacity and performance for which said system was designed and
constructed, and shall include costs associated with improvements,
including addition of best management practices to the stormwater
management system.
All developed properties containing single-family detached
homes, attached homes, townhouses (including townhouse condominiums),
duplexes and row homes. Residential properties shall not include developed
parcels containing structures used primarily for nonresidential purposes,
mobile homes located within mobile home parks, apartment buildings,
or apartment-style condominiums. A developed parcel which does not
contain a dwelling unit but contains a garage, shed, driveway, parking
area or other impervious surface will be classified as a SFR property
if the parcel is zoned as a residential parcel.
Rain and other precipitation including runoff water from
all precipitation events, snowmelts and springs, which flows over
land or impervious surfaces, such as paved streets, parking lots,
and building rooftops, before eventually either infiltrating into
soil or coursing to streams, rivers and other bodies of water.
The system of runoff avoidance, infiltration, collection
and conveyance, including storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, ditches, channels, detention ponds,
streets, curbs, drains and all conveyances and devices, appliances
and stormwater best management practices and facilities appurtenant
thereto used for collecting, conducting, pumping, conveying, detaining,
infiltrating, reducing, managing, avoiding the generation of, and
treating stormwater, which is owned by the Township.
Cheltenham Township, Montgomery County, Pennsylvania, a home
rule municipality.
Any person, firm, corporation, individual, partnership, company,
association, society or group using, benefiting from or being served
by the Cheltenham stormwater management system.
A sum(s) assessed, imposed and to be collected from each
developed property by Montgomery County tax parcel number which uses,
benefits from, or is serviced by the Cheltenham stormwater management
system, or discharges stormwater, directly or indirectly, into the
Cheltenham stormwater management system for the use of such system
and the service rendered by, and improvement of, such system.
It is hereby imposed upon each and every developed property
that is connected with, uses, or is benefited by Cheltenham's
stormwater management system, either directly or indirectly, a user
fee for the use, benefit, operation, maintenance, repair, replacement
and improvement of the Cheltenham Township stormwater management system.
Such user fees are imposed on an annual basis.
A.
The annual charge per ERU shall be $80 per ERU in 2022, $160 per
ERU in 2023, $220 per ERU in 2024 and thereafter until such time the
annual charge is changed by Township resolution.
B.
Each SFR property shall be charged based upon lot size in accordance
with the following tiers:
|
Tier
|
Billing Units
|
Parcel Size in Acres
|
|---|---|---|
|
A
|
0.5 ERUs
|
<0.1
|
|
B
|
1 ERU
|
0.1-0.51
|
|
C
|
2 ERUs
|
>0.5
|
|
NOTES:
| |
|
1
|
Includes townhouse condominium units in order to account for
common area impervious surfaces (e.g., private roads, driveways and
parking areas, etc.). Common areas managed by a homeowners' association
for townhouse condominiums shall be exempt because the impervious
area (e.g., private roads, driveways, parking areas, etc.) is accounted
for by placing townhouse condominium units into the 1 ERU tier.
|
(1)
By way of example only, the charge for a SFR property which qualifies
for Tier A, would be charged 0.5 of an ERU for 2022, which equals
$40.
C.
All other developed properties, including but not limited to, nonresidential/multifamily
(including apartment buildings) shall be based on actual impervious
surface area divided by 3,593 square feet to calculate the quantity
of ERUs for the user fee charge. The calculation shall be rounded
to the nearest half of an ERU and shall be no less than 0.5 ERUs.
D.
The user fee for an apartment-style condominium building (i.e., a
condominium consisting of dwelling units above others) shall be charged
in the same manner as an apartment building (i.e., accounting for
all impervious surfaces of dwelling units and other common areas within
the condominium) with the bill addressed to the homeowners' association
or condominium association ("HOA"), as applicable. Bills in such instances
shall not be addressed to individual unit owners of condominiums.
In the event that an HOA is dissolved, extinguished or insolvent,
or delinquent in payment of its user fee for over 90 days, the individual
unit owners shall be billed a prorated share of the user fee charged
to the HOA.
E.
The number of ERUs billed to a developed property or an HOA may be
reduced by credits which are awarded in accordance with a credit policy
approved by the Board of Commissioners. No credit shall be applied
for the first year after this chapter becomes effective.
User fees shall be assessed, liened and collected by tax parcel
numbers for all developed properties.
Reference in this chapter to "use," "user," or portion of a
property, lot, parcel or building with respect to the calculation
and assessment of user fees shall not be construed to modify or alter
the fact that user fees shall be assessed and imposed upon the property
pursuant to 53 P.S. § 7106 et seq., as amended, and the
owner of each property against which user fees are imposed and assessed
under this chapter shall remain liable for payment whether or not
such owner occupies the property. Nothing in this chapter shall be
construed to prohibit or limit an owner's ability to collect
by lease or contract sums due by a tenant or other occupier of the
owner's property, but such lease or contract shall not bind Cheltenham
or limit in any way Cheltenham's authority to impose, assess,
lien and collect user fees or other related charges.
A.
The user fees fixed and established by this chapter shall be effective as to all developed properties that use, are served, or are benefited by the Cheltenham stormwater management system existing as of the effective date of this chapter and shall be effective to all other developed properties thereof that use, are served or benefitted by the stormwater management system subsequent to the effective date of this chapter. User fees imposed by this chapter shall be assessed and billed by Cheltenham on an annual basis. Such assessments shall be payable at their face amount in accordance with the terms on the bill mailed. The annual billing date shall be on or about February 1. The user fees assessed, and their collection will not be subject to proration or refund by Cheltenham for the reason that a property is sold; provided, however, that this sentence shall not bind a buyer and seller from making their own proration of any user fees assessed hereunder. The user fees fixed and established by this chapter may be amended or replaced at any time by ordinance or as provided below in § 292-7B.
The face amount of all user fee charges shall be payable in accordance with the terms on the bill mailed, with a penalty of 10% assessed after the due date. On the first day of each subsequent month in which the account remains unpaid, an interest charge of 0.5% per month shall be added to the account. All unpaid user fee charges shall be a lien against the property and the Township Solicitor shall file such lien. Any collection, attorney's fees and/or filing fees incurred by the Township in the collection of user fee charges, as set forth in Chapter A300 of the Cheltenham Code of Ordinances or by statute, shall be borne by the user.
In accordance with the Municipal Claims Act, 53 P.S. § 7101,
et seq., as amended, all user fees, penalties, interest, collection
fees, attorneys' 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.
A.
Within one year of the effective date of this chapter, Cheltenham
shall develop and implement procedures by action of the Board of Commissioners
whereby users of the stormwater management system may receive credit
for onsite activities which reduce and manage stormwater runoff through
detention, retention, infiltration of water and recharge of the aquifer
and thereby avoid or minimize public construction, operation, repair
and maintenance of facilities and services.
B.
No credit in user fees shall be granted based on age, race, tax status,
gender, sexual preference, economic status or religion of the property
owner, or any other conditions unrelated to the demand for and cost
of services provided by Cheltenham.
Any owner who believes the provisions of this chapter have been
applied in error may appeal in the following manner and sequence:
A.
An appeal of user fees must be filed in writing with the Township
Engineer, or his/her designee, within 30 days of the charge being
mailed or delivered to the property owner ("appeal date"). The appeal
date may be extended up to an additional 30 days within the sole discretion
of the Township. Any appeal must state the reasons for the appeal.
B.
Using information provided by the appellant, the Township Engineer,
or his/her designee, shall conduct a technical review of the conditions
on the property and respond to the appeal in writing within 30 days
of the appeal date. In response to an appeal, the Township Engineer
may adjust the user fees applicable to the property in accordance
with the provisions of this chapter.
C.
A decision of the Township Engineer that is averse to an appellant
may be further appealed to the Township Manager, or his/her designee,
within 30 days of such adverse decision. The appellant, stating the
grounds for further appeal, shall deliver notice of the appeal to
the Township Manager, or his/her designee. The Township Manager, or
his/her designee, shall issue a written decision on the appeal within
30 days. All decisions by the Township Manager, or his/her designee,
shall be personally delivered to the owner or sent to the billing
address of the customer by registered or certified mail.
D.
If payment is not made within 30 days of receipt of an adverse decision
by the Township Manager, appellant's property shall be liened
for all past-due amounts in accordance with the Municipal Claims Act,
53 P.S. 7101, et seq., as amended.
E.
When credit policy/procedures is/are subsequently promulgated by
the Board of Commissioners, users shall exhaust any available, potential
remedies under the credit policy/procedures first, prior to filing
an appeal pursuant to this section.
A.
The Board of Commissioners may by resolution adopt such policies
and procedures as it deems appropriate to ensure collection of user
fees assessed and imposed pursuant to this chapter. Without limitation,
collection procedures may include referral of delinquent accounts
to a collection agency, filing of liens, scire facias sur municipal
lien proceedings to collect filed liens, and all other measures or
combination thereof which the Board may deem appropriate.
B.
All costs of such collection procedures, including, but not limited to, fees for filing, perpetuation and satisfaction of liens, collection fees, attorneys' fees, court costs, litigation expenses, and charges for service of documents shall, upon being incurred by Cheltenham, be imposed as a charge for nonpayment and added to the balance due on said owner's account. Chapter A300 of the Cheltenham Code of Ordinances may be amended to set forth a listing of such charges.
C.
No lien shall be satisfied, nor shall any collection proceeding be
discontinued until all amounts due on an account, including user fees,
interest, collection fees, attorneys' fees, court costs and other
charges are first paid in full to Cheltenham.
D.
The Township Manager may implement such administrative procedures
necessary to implement the policies and requirements set forth in
this chapter.
All user fees and other stormwater-related funds, such as interest
or grant monies, shall be deposited in the Stormwater Management Fund
of the Township. This fund will be a separate enterprise fund dedicated
to the operation, administration, maintenance, repair and improvement
of the stormwater management system, and all related capital costs.
Prioritization and selection of capital projects shall be established
by separate resolution of the Board of Commissioners and the Board
shall continue the Stormwater Advisory Committee whose duties shall
be to assist in implementation of the user fee program and education
of Township residents and property owners.
Floods from stormwater may occur occasionally that exceed the
capacity of the stormwater management system maintained and financed
with user fees. 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 Cheltenham 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 Cheltenham expressly reserves the right to assert all available
immunities and defenses in any action seeking to impose monetary damages
upon Cheltenham, its officers, employees and agents arising out of
any alleged failure or breach of duty with respect to Cheltenham's
stormwater management system.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
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.
This chapter shall become effective as soon as permitted by
law.
