PRINTER'S NO. 22
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
32
Session of
2023
INTRODUCED BY STRUZZI, ARMANINI, CIRESI, FREEMAN, GUENST,
MENTZER AND STURLA, MARCH 7, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 7, 2023
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, 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 inlets,
outlets, systems of piping, diversion terraces, grass waterways,
energy dissipaters, storm water retention devices and natural or
artificial infiltration areas, to manage surface water runoff.
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Section 2402-A. Construction of storm water management
facilities.
(a) Management.--The board of commissioners may acquire by
purchase, deed of dedication or eminent domain proceedings all
or part of an existing system or facility for the management of
surface water runoff that may have been established or
constructed by a property owner in the township or establish,
construct and maintain systems or facilities in the best
interest of the township.
(b) Purchase.--If the board of commissioners and the owners
of systems 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) Damages.--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) Powers.--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 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 regulations that may be adopted
by the Department of Environmental Protection.
(b) Plan.--All storm water management activities shall be
consistent with a watershed storm water management plan approved
by the Department of Environmental Protection.
(c) Review.--If storm water management activities are
undertaken in watersheds for which there is no approved storm
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water management 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 county conservation
district shall have 30 days to review and respond with comments
to the board of commissioners. Failure to respond within that
time constitutes favorable comment by the county conservation
district.
Section 2404-A. Ordinances.
(a) General provisions.--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) Maintenance of facilities.--The board of commissioners
may enact and enforce ordinances to govern and regulate the
planning, management, implementation, construction and
maintenance of storm water management facilities.
Section 2405-A. Fees.
(a) Funding.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and 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 plans. In establishing the fees, the township shall
consider and provide appropriate exemptions or credits for
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properties which have installed and are maintaining storm water
management facilities that meet best management practices and
are approved or inspected by the township.
(b) Fees.--A 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) Authorization.--A fee collected for the purposes of
storm water management may only be used for the purposes
authorized by this article.
(d) Filing.--The assessments shall be filed with the
township treasurer.
(e) Payments.--An ordinance shall specify whether payments
are to be made by annual or more frequent installments.
Section 2. This act shall take effect in 60 days.
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