PRIOR PRINTER'S NO. 1795
PRINTER'S NO. 2554
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1325
Session of
2015
INTRODUCED BY MUSTIO, GODSHALL, MAHONEY, MURT, ZIMMERMAN,
MARSICO AND BRIGGS, JUNE 12, 2015
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2015
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," in storm water management
plans and facilities, further providing for ordinances and
providing for fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2704 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, reenacted and
amended November 9, 1995 (P.L.350, No.60), is amended to read:
Section 2704. Ordinances.--(a) The board of supervisors may
enact storm water management ordinances and require persons
conducting earthmoving activities to obtain approval from the
board of supervisors 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) The board of supervisors may enact and enforce
ordinances to govern and regulate the planning, management,
implementation, construction and maintenance of storm water
facilities.
Section 2. The act is amended by adding a section to read:
Section 2705. Fees.--A township may assess reasonable and
uniform fees based in whole or in part on the characteristics of
the subject property, which may include installation or
maintenance of storm water facilities that meet best management
practices and are approved or inspected by the township.
SECTION 2705. FEES.--(A) FOR THE PURPOSES OF FUNDING THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF STORM WATER
MANAGEMENT FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED
UNDER THIS ARTICLE AND THE ACT OF OCTOBER 4, 1978 (P.L.864,
NO.167), KNOWN AS THE "STORM WATER MANAGEMENT ACT," A TOWNSHIP
MAY ASSESS REASONABLE AND UNIFORM FEES BASED IN WHOLE OR IN PART
ON THE CHARACTERISTICS OF THE PROPERTY BENEFITED BY THE
FACILITIES, SYSTEMS AND MANAGEMENT PLANS. IN ESTABLISHING THE
FEES, THE TOWNSHIP MAY 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 TOWNSHIP.
(B) ANY FEE LEVIED BY THE TOWNSHIP CAN BE ASSESSED IN ONE OF
THE FOLLOWING METHODS:
(1) ON ALL PROPERTIES IN THE TOWNSHIP.
(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) ANY FEE COLLECTED FOR THE PURPOSES OF STORM WATER
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MANAGEMENT MAY ONLY BE USED FOR THE PURPOSES AUTHORIZED BY THIS
ARTICLE.
(D) THE ASSESSMENTS SHALL BE FILED WITH THE TOWNSHIP
TREASURER.
(E) AN ORDINANCE SHALL SPECIFY WHETHER PAYMENTS ARE TO BE
MADE BY ANNUAL OR MORE FREQUENT INSTALLMENTS.
Section 3. This act shall take effect in 60 days.
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