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PRIOR PRINTER'S NOS. 1891, 2555
PRINTER'S NO. 2612
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
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 4, 2015
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 and
the act of October 4, 1978 (P.L.864, No.167), known as the Storm
Water Management Act , 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. In establishing the fees the borough 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 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:
(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
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chapter.
Section 3. This act shall take effect in 60 days.
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