ORDINANCE NO IT IS HEREBY ENACTED AND ORDAINED by the Borough Council of the Borough

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Martha Terry
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1 ORDINANCE NO AN ORDINANCE OF THE BOROUGH COUNCIL OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, ESTABLISHING A STORMWATER MANAGEMENT UTILITY AND A STORMWATER MANAGEMENT SERVICE CHARGE. IT IS HEREBY ENACTED AND ORDAINED by the Borough Council of the Borough of Carlisle as follows: SECTION 1: The Code of the Borough of Carlisle is hereby amended to include the following new Chapter: CHAPTER 220 STORMWATER MANAGEMENT UTILITY Title. This Chapter shall be known and cited as the Borough of Carlisle Stormwater Management Utility Ordinance Findings. The Borough Council finds that: A. The stormwater management needs of the Borough of Carlisle (the Borough ) have been identified through field investigations, citizen notifications and engineering studies, indicating that more comprehensive and effective stormwater management in the Borough would contribute to the protection of the health, safety and welfare of the residents, and that a stormwater management program will provide services and benefits to all properties, property owners, residents and citizens of the Borough. B. Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velocities, threatens public health and safety, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, and increases non-point source pollution of water resources. C. A comprehensive program of public stormwater management, which seeks to avoid and minimize flooding, erosion and water quality degradation is fundamental to the public health, 1

2 safety, welfare and protection of the residents of the Borough, local property and the environment. D. Stormwater is an important water resource which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality. E. Federal and Pennsylvania regulations require the Borough to implement and fund a program of stormwater controls that address discharges from the Borough's regulated stormwater outfalls to local water bodies. In accordance with those regulations, the Borough has a permit to manage stormwater discharges from its municipal separate storm sewer system under the National Pollutant Discharge Elimination System regulations Purpose. The purpose of this Chapter is to establish a stormwater management program and an adequate, dedicated source of funding necessary to ensure the proper development and maintenance of stormwater management practices in the Borough Authority. The Borough has the authority to regulate and manage stormwater within the Borough by the following: A. The Stormwater Management Act, 32 P.S et seq., and the Borough Code, 8 Pa.C.S. Chapter 22. B. The Home Rule Charter of the Borough of Carlisle. C. The Pennsylvania Municipalities Planning Code, 53 P.S , et seq., which provides for regulation of land use activities that affect stormwater runoff and stormwater management systems Definitions. For the purpose of this Ordinance, the following words, terms, and phrases shall have the meanings given to them in this Section, except where the context clearly indicates a different meaning: Developed Land shall mean a land parcel altered from its Natural State that has 300 square feet or more of Impervious Surface area. Drainage System shall mean natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, 2

3 properties, and improvements that transfer, control, convey or otherwise influence the movement of storm water runoff. Equivalent Residential Unit (ERU) is a unit of measure of impervious surface (in square feet) which represents the impervious surface area on the typical Single Family Residential Parcel in the Borough as a unit of comparison. ERU shall mean for the purposes of this Ordinance 2,410 square feet of impervious surface. Impervious Surface shall mean developed areas of land that prevent or significantly impede the infiltration of Stormwater into the soil. Typical Impervious Surface include, but are not limited to: roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces. Non-Single Family Residential Parcel shall mean every parcel that is not a Single Family Residential Parcel. Owner shall mean any person, persons or entity vested with ownership, legal or equitable, sole or partial, of any Developed Land in the Service Area. Natural State shall describe existing Undeveloped Land where the soil and vegetation characteristics have not been substantially modified or disturbed by human activities and the hydrologic function is in an unaltered or natural condition. Public Road Rights-of-Way shall mean all property that has been accepted for maintenance by the Pennsylvania Department of Transportation, the Borough of Carlisle, or Cumberland County, and that is available for use by the general public for transportation purposes. Railroad Rights-of-Way shall mean all property used or formerly used for trackage. This shall not be construed to apply to railroad stations, maintenance buildings, or other developed land used for railroad purposes. Service Area shall mean all land within the Borough of Carlisle. Single Family Residential Parcel shall mean a parcel identified as having Property Type of R as determined by the Cumberland County Property Assessment Office. Stormwater shall mean the runoff from precipitation and snow melt that travels over Natural State or Developed Land surfaces and enters a Drainage System. 3

4 Stormwater Management Enterprise Fund shall mean that fund consisting of Stormwater Management Service Charges, fee revenues and funds to be used only to fund identified Stormwater Management Program activities. Stormwater Management Program shall mean an identified set of measures and activities designed to protect, restore and/or manage stormwater quality by controlling and/or reducing pollutants and to reduce and/or manage stormwater quantity by controlling velocity, volume, and rate of Stormwater. Stormwater Management Service Charge shall mean a service charge, applicable to Developed Land, which generally reflects the impact on or demand for stormwater management services provided by the Borough to properly control and manage stormwater runoff quantity and/or quality associated with the land parcel. The Stormwater Management Service Charge will vary from one land parcel to another based on the Impervious Surface area. Stormwater Management Utility shall mean an organizational structure that is responsible for funding, administering, and operating the Borough s Stormwater Management Program, and that is supported through a rate structure based on the Impervious Surface area found on Developed Land parcels located within the Service Area. Undeveloped Land shall mean a land parcel that is not altered from its Natural State or that has less than 300 square feet of Impervious Surface area Establishment of a Stormwater Management Utility. A. There is hereby established a Borough of Carlisle Stormwater Management Utility that shall be responsible for implementing, operating, and administering the Borough's Stormwater Management Program as defined herein. B. There is hereby established a Borough of Carlisle Stormwater Management Enterprise Fund for the purpose of dedicating and protecting funding applicable to the responsibilities of the Stormwater Management Utility including but not limited to, rents, rates, fees, charges, and penalties as may be established by the Borough Council. Funding may also include other funds transferred or allocated to the Stormwater Management Utility by the Borough Council. All revenues and receipts of the Stormwater Management Utility shall be placed in the Stormwater Management Enterprise Fund and all expenses of the Stormwater Management Utility shall be paid from the Stormwater Management Enterprise Fund, except that other revenues, receipts, and resources not accounted for in the Stormwater Management Enterprise Fund may be applied to Stormwater management activities as deemed appropriate by the Borough Council. 4

5 Schedule of Fees and Charges. The Stormwater Management Service Charge shall be based on the monthly charge of $7.00 per ERU, which charge shall be billed quarterly in arrears starting on and after July 1, 2019 at the same time that water and sewer rental charges are billed by the Borough. The charge billed will be in accordance with the rate structure noted in 220-8, below. Stormwater Management Service Charges shall be due and payable by the 45 th day from the date of the billing. Any Stormwater Management Service Charge not paid by the 45 th day of the date of billing shall be subject to a penalty of 1.5% and be considered delinquent. Thereafter, delinquent bills shall be subject to a one percent penalty per month on the full unpaid and overdue principal of the bill. The Stormwater Management Service Charges and related penalties shall apply to all Developed Land parcels within the Service Area, except as may be altered by credits or exemptions provided in this Chapter Rate Structure. A. Every parcel of Developed Land within the Service Area shall be subject to a Stormwater Management Service Charge. The Stormwater Management Service Charge shall be billed to the Owner and be the responsibility of the Owner. 1. A Stormwater Management Service Charge for stormwater costs shall be allocated to each Single Family Residential Parcel on a tiered basis. The Impervious Surface area tiers are as follows: a. A parcel with up to 1,800 square feet of Impervious Surface area will be billed for ½ ERU. b. A parcel with greater than 1,800 and up to 3,600 square feet of Impervious Surface area will be billed for 1 ERU. c. A parcel with greater than 3,600 square feet of Impervious Surface area will be billed for 1 ½ ERU. 2. A Stormwater Management Service Charge for stormwater costs shall be allocated to each Non-Single Family Residential Parcel based upon measured Impervious Surface area on an ERU basis, with one ERU being 2,410 square feet of Impervious Surface. Impervious Surface area rates will apply to each ERU or part thereof of Impervious Surface area. All partial ERUs shall be rounded to the 5

6 nearest whole number for billing purposes. In no event shall any Non-Single Family Residential Parcel with Developed Land be charged less than one ERU Application of Payment and Appeal. A. Payments made to the Borough will be applied to an Owner s bill in the following order: 1. Stormwater Management Service Charge 2. Sewer Service Charge 3. Water Service Charge B. If any Owner wishes to dispute a Stormwater Service Charge billing or any other rates, fees, charges, or penalties adopted pursuant to this Chapter, the Owner must submit a written appeal within 30 days of receipt of the billing, stating the reasons for the appeal, and providing information pertinent to the calculation of the billed charge. A timely appeal shall stay the application of any penalties. An appeal of a disputed bill shall be filed with the Borough Finance office for review and disposition. If the Owner is not satisfied with the disposition of the appeal by the Finance office, the Owner within 10 days of disposition of the appeal by the Finance office may further appeal the disputed charge to the Borough Manager or his designee who shall make the final ruling on the validity of the appeal Disposition of Stormwater Service Charges and Fees. Stormwater Management Service Charges and fee revenues shall be assigned and dedicated solely to the Stormwater Management Enterprise Fund in the Borough budget and accounting system, which shall be and remain separate from other funds, and shall be used only to fund identified Stormwater Management Program activities. The services charges and fees paid to and collected by virtue of the provision of this Chapter shall not be used for general or other governmental or proprietary purposes of the Borough, except to pay for costs incurred by the Borough in rendering services associated with the Stormwater Management Utility Exemptions and Credits Applicable to Stormwater Management Service Charges. A. Statement of Policy. Except as provided in this section, no public or private Developed Land shall be exempt from Stormwater Management Service Charges or receive a credit or offset against such Stormwater Management Service Charges. No exemption or reduction in Stormwater Management Service Charges shall be granted based on the age, tax or economic status, race, or religion of the Owner, or other condition unrelated to the cost of providing stormwater services and facilities. B. Exemptions. No public or private Developed Land shall be exempt from Stormwater 6

7 Management Service Charges, with the exception of public road rights-of-way and railroad rights-of-way. C. Credits. The following credits may be allowed by the Borough Engineer upon adoption of a Credit Application Instruction Manual. Borough Council shall adopt a Credit Application Instruction Manual by Resolution, which may be amended from time to time by Resolution of Borough Council. 1. Non Single Family Residential Parcels that provide measures to mitigate the impacts of runoff on the stormwater system may be eligible for one or more credits to the Impervious Surface area units charge portion of the Stormwater Management Service Charge, proportional to the extent those measures address the impacts of peak discharge and total runoff volume from the site. 2. Each credit allowed against a parcel s Impervious Surface area units charge portion of the Stormwater Management Service Charge shall be conditioned on continuing compliance with the performance standards set forth in the Credit Application Instruction Manual and/or the applicable standards set out in the Borough s Land Development Ordinance existing at the time of construction of such facilities and may be rescinded for noncompliance with those standards. To prove that a structural control measure (SCM) is meeting the standards when applying for credit the first time, a property owner shall submit the original plan and calculations, including a licensed engineer s certification that the standards continue to be met. In subsequent years, the Borough will require certification by a licensed engineer that the SCM continues to be property functioning. This repeat certification will be required every two years. 3. Each credit for which an Owner applies shall be subject to review and approval by the Borough Engineer. The Borough Engineer may approve or reject any application for a credit in whole or in part. 4. A parcel will be eligible to receive credit if it meets the stormwater standards as described in and of the Code of the Borough of Carlisle. 5. All parcels that provide measures to reduce runoff to the drainage system may be eligible for credit to the service charge proportional to extent that those measures reduce the amount of runoff from the site Stormwater Management Service Charges Constitute a Lien on Developed Land. 7

8 In accordance with the Municipal Claims Act, 53 P.S. 7101, et. seq., as amended, all Stormwater Management Service Charges, penalties and interest, together with those costs, fees and interest noted in Section , shall constitute a lien upon and against every parcel of Developed Land and its owner from the date of their imposition and assessment. In addition, the Borough reserves the right to pursue any and all other remedies available to it for non-payment of the Stormwater Management Service Charge Floods and Liability. Floods from Stormwater may occur occasionally that exceed the capacity of the Stormwater Management System maintained and financed with Stormwater Management Service Charges. Nothing in this Ordinance shall be deemed to imply that properties subject to charges shall always be free from flooding or flood damage, or that all Stormwater Management Program projects to control Stormwater can provide complete protection from all flood and storm events. Nothing whatsoever in this Chapter shall deem the Borough 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 the Borough expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the Borough, its elected officials, officers, employees and agents arising out of any alleged failure or breach of duty with respect to the Borough s Stormwater system. SECTION 2: All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. SECTION 3: If any section, paragraph, subsection, clause or provision of this Ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than that portion specifically declared invalid. SECTION 4: This Ordinance shall become effective March 1, ENACTED AND ORDAINED this 8th day of November, ATTEST: Borough of Carlisle Joyce Stone, Secretary Timothy A. Scott, Mayor (Borough Seal) 8

GENERAL INFORMATION What is Stormwater? What is a stormwater utility? What is an impervious surface?

GENERAL INFORMATION What is Stormwater? Stormwater is rain or snowmelt that falls on streets, parking areas, rooftops, and other developed land and either flows directly into nearby streams or travels