PRIOR PRINTER'S NOS. 1067, 1713
PRINTER'S NO. 1944
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
913
Session of
2017
INTRODUCED BY EVERETT, IRVIN, WARD, PICKETT, WHEELAND, HARPER
AND MUSTIO, MARCH 22, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 7, 2017
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, adding provisions related
to incorporated towns and providing for storm water
management plans and facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 8 of the Pennsylvania Consolidated Statutes
is amended by adding a part to read:
PART II
INCORPORATED TOWNS
Chapter
41. (Reserved)
74. Storm Water Management Plans and Facilities
CHAPTER 41
(RESERVED)
CHAPTER 74
STORM WATER MANAGEMENT PLANS AND FACILITIES
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7401. Storm water management systems authorized.
7402. Construction of storm water management facilities.
7403. System management.
7404. Ordinances.
7405. Fees.
§ 7401 . Storm water management systems authorized.
The town council may plan, design, construct, assemble,
install and alter facilities, including, but not limited to,
inlets, outlets, systems of piping, diversion terraces, grass
waterways, energy dissipaters, storm water retention devices and
natural or artificial infiltration areas, to manage surface
water runoff.
§ 7402 . Construction of storm water management facilities.
(a) General rule.--The town council may acquire by purchase,
deed of dedication or eminent domain proceedings all or part of
any existing system or facility for the management of surface
water runoff which may have been established or constructed by
any property owner in the incorporated town or establish,
construct and maintain systems or facilities in the best
interest of the incorporated town.
(b) Price.--If the town council and the owners of systems
can agree upon a price to be paid by the incorporated town, the
purchase may be consummated if the amount to be paid does not
exceed the actual value of the facilities to be transferred.
(c) Eminent domain.--If the town council acquires the system
by the exercise of eminent domain, the damages shall be
determined by viewers under this act for eminent domain
proceedings.
§ 7403 . System management.
(a) General rule.--When exercising the powers under this
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chapter , the town council shall manage storm water originating
in or passing through the incorporated town in a manner which is
consistent with the requirements of the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act, and
the storm water management guidelines and any regulations which
may be adopted by the Department of Environmental Protection.
(b) Consistency.--All storm water management activities
undertaken must be consistent with any watershed storm water
management plan when the plan has been approved by the
Department of Environmental Protection.
(c) Review by county conservation district.--When storm
water management activities are undertaken in watersheds for
which there is no approved storm water management plan, all
drawings, documents, profiles and designs and descriptions of
the proposed activities to be undertaken by the incorporated
town shall be submitted to the county conservation district for
review and comment before the initiation of earthmoving
activities. The conservation district shall have 30 days to
review and respond with comments to the board of commissioners.
Failure to respond within that time constitutes favorable
comment by the conservation district.
§ 7404 . Ordinances.
(a) Storm water management.--The town council may enact
storm water management ordinances and require persons conducting
earthmoving activities to obtain approval from the board of
commissioners for those activities. Ordinances must be
consistent with watershed storm water management plans where
they exist and in all cases must be consistent with the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act.
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(b) Storm water facilities.--The town council may enact and
enforce ordinances to govern and regulate the planning,
management, implementation, construction and maintenance of
storm water facilities.
§ 7405 . Fees.
(a) General rule.--For the purposes of funding the
construction, maintenance and operation of storm water
management facilities, systems and plans authorized under this
chapter , an incorporated town may assess reasonable and uniform
fees based in whole or in part on the characteristics of the
property benefited by the facilities, systems and plans. In
establishing the fees, the incorporated town may SHALL consider
and provide appropriate exemptions or credits for properties
which have installed and are maintaining storm water facilities
that meet best management practices and are approved or
inspected by the incorporated town.
(b) Methods of assessments.--Any fee levied by the
incorporated town can be assessed in one of the following
methods:
(1) On all properties in the incorporated town.
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(c) Use.--Any fee collected for the purposes of storm water
management may only be used for the purposes authorized by this
chapter .
(d) Filing.--The assessments shall be filed with the town
treasurer.
(e) Payments.--An ordinance shall specify whether payments
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are to be made by annual or more frequent installments.
Section 2. This act shall take effect in 60 days.
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