PRINTER'S NO. 2439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1661
Session of
2015
INTRODUCED BY MUSTIO, GODSHALL, KOTIK AND MENTZER,
OCTOBER 23, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 23, 2015
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," providing for storm water management plans and
facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code, reenacted and amended
May 27, 1949 (P.L.1955, No.569), is amended by adding an article
to read:
ARTICLE XXIV-A
STORM WATER MANAGEMENT PLANS AND FACILITIES
Section 2401-A. Storm Water Management Systems Authorized.--
The board of commissioners 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,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
to manage surface water runoff.
Section 2402-A. Construction of Storm Water Management
Facilities.--(a) The board of commissioners 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 township or establish,
construct and maintain systems or facilities in the best
interest of the township.
(b) If the board of commissioners and the owners of systems
can agree upon a price to be paid by the township, the purchase
may be consummated if the amount to be paid does not exceed the
actual value of the facilities to be transferred.
(c) If the board of commissioners acquires the system by the
exercise of eminent domain, the damages shall be determined by
viewers under this act for eminent domain proceedings.
Section 2403-A. System Management.--(a) When exercising the
powers under this article, the board of commissioners shall
manage storm water originating in or passing through the
township 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) 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) When storm water management activities are undertaken in
watersheds for which there is no approved storm water management
20150HB1661PN2439 - 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
plan, all drawings, documents, profiles and designs and
descriptions of the proposed activities to be undertaken by the
township shall be submitted to the county conservation district
for review and comment before the initiation of earthmoving
activities. The conservation district shall have thirty 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.
Section 2404-A. Ordinances.--(a) The board of commissioners
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."
(b) The board of commissioners may enact and enforce
ordinances to govern and regulate the planning, management,
implementation, construction and maintenance of storm water
facilities.
Section 2405-A. 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 2. This act shall take effect in 60 days.
20150HB1661PN2439 - 3 -
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