SENATE AMENDED
PRIOR PRINTER'S NOS. 1795, 2554, 2611
PRINTER'S NO. 3164
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
SENATOR HUTCHINSON, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
APRIL 12, 2016
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."
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(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) For the purposes of funding the
construction, maintenance and operation of storm water
management facilities, systems and management plans authorized
under this article , 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. 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 township
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 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
20150HB1325PN3164 - 2 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
assessing the fee on all property owners in the district.
(c) Any fee collected for the purposes of storm water
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.
20150HB1325PN3164 - 3 -
1
2
3
4
5
6
7
8
9