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SENATE AMENDED
PRIOR PRINTER'S NOS. 1891, 2555, 2612
PRINTER'S NO. 3165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1394
Session of
2015
INTRODUCED BY MUSTIO, KOTIK, D. COSTA, READSHAW, GODSHALL,
COHEN, HARHAI AND ZIMMERMAN, JUNE 24, 2015
SENATOR HUTCHINSON, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
APRIL 12, 2016
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in storm sewers and
watercourses, further providing for authority of boroughs and
for manner of financing work.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2201 of Title 8 of the Pennsylvania
Consolidate Statutes is amended by adding a subsection to read:
§ 2201. Authority of boroughs.
* * *
(c) Ordinances.--A borough may enact and enforce ordinances
to govern and regulate the planning, management, implementation,
construction and maintenance of storm water facilities.
Section 2. Section 2203 of Title 8 is amended to read:
§ 2203. Manner of financing [work].
(a) General rule.--A borough may pay for the costs and
expenses of any work or activity authorized under section 2201
(relating to authority of boroughs) wholly or in part from money
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of the borough available for the purpose.
(b) Assessments.--To the extent that a borough does not
receive assistance from the Federal, State or county government
for the costs and expenses of the work, the borough may assess
the benefited properties located within the drainage area of the
watercourse in accordance with Chapter 21A (relating to
assessments and charges for public improvements).
(c) Fees.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and management plans authorized under this chapter , a
borough 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. THE FEES ASSESSED MAY
NOT EXCEED THE AMOUNT NECESSARY TO MEET THE MINIMUM REQUIREMENTS
OF THE FEDERAL WATER POLLUTION CONTROL ACT (62 STAT. 1155, 33
U.S.C. § 1251 ET SEQ.), AND FEDERAL OR STATE LAWS GOVERNING THE
IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT, FOR
THE CONSTRUCTION, MAINTENANCE AND OPERATION OF STORM WATER
MANAGEMENT FACILITIES, SYSTEMS AND MANAGEMENT PLANS, AS
SPECIFIED IN 40 CFR 122.26 (RELATING TO STORM WATER DISCHARGES
(APPLICABLE TO STATE NPDES PROGRAMS, SEE § 123.25)) . In
establishing the fees the borough 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
borough. The assessed fees shall be filed with the borough
treasurer. An ordinance shall specify whether payments are to be
made by annual or more frequent installments.
(d) Methods of assessment.--Any fee levied by the borough
can be assessed in one of the following methods:
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(1) On all properties in the borough.
(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.
(e) Use.--Any fee collected for the purposes of storm water
management may only be used for the purposes authorized by this
chapter.
Section 3. This act shall take effect in 60 days.
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