Presentation is loading. Please wait.

Presentation is loading. Please wait.

Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016

Similar presentations


Presentation on theme: "Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016"— Presentation transcript:

1 Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016
presented by Timothy S. Wachter, Esq. Knox McLaughlin Gornall & Sennett, P.C.

2 Act 68 of 2013

3 Act 68 of 2013 53 Pa.C.S. §5607(a)(18)

4 Act 123 of 2014 53 Pa.C.S. §5607(d)(34)

5 Stormwater Authorities
Stormwater projects previously managed through Municipal departments (funded through General Fund) Flood control projects 53 Pa.C.S. §5607(a)(3) Sanitary Sewers (CSO’s) 53 Pa.C.S. §5607(a)(4), (5) Amendments provide specific power for Authorities to Plan, Manage and Implement Stormwater plans and projects Concern is that while municipal codes permit the management of stormwater by municipalities, no fee authorizations exist. Exception is Home Rule and Optional Plan Communities Amendments – for the first time – provide for a rate methodology

6 Rates Reasonable and Uniform
Based in whole or in part on property characteristics May include installation and maintenance of best management practices approved and inspected by the authority

7 Rates Stormwater Fees Reasonable and Uniform
Equivalent Residential Unit (ERU) Average about $8/month Commercial Unit Fees Based in Whole or in Part on Property Characteristics Percentage of total impervious surface Flyover data Best Management Practices Credits

8 Stormwater Authorities
Operating Finance/Operate/Maintain Financing/Leaseback Finance construction of projects and lease back to municipality to meet debt service Debt Service availability

9 Decision Steps Determine Goals of Municipality
(storm water management; flood control; MS4 compliance; CSO remediation; retention/detention ponds maintenance; etc.) Inventory Stormwater facilities Identify Stormwater needs Price it out; Appropriate funds Sell it to the Community

10 Sell it to the Community
Identify and involve Community Stakeholders Study methods to meet Stormwater needs and identify costs and payment options; i.e. raise millage vs. Stormwater fees Stormwater fees are often seen as being most fair, directly proportional to a landowners property Determine whether to offer “credits” as part of Best Management Practices

11 Sell it to the Community
Water Words that Work, LLC Engaged by the Foundation for Pennsylvania Watersheds to identify best practices to “sell” a stormwater authority to your municipality

12

13

14

15

16 Sell it to the Community
Maryland Case Study Poor Sales Job Bad Political Timing

17

18 Sell it to the Community
Hire professionals to help analyze the issue and build the case. Involve stake holders in the identification of the problem, the creation of the solution and the sales job to the public. Transparent and open public conversation about the financial and environmental impacts of stormwater and the benefits of the adopted approach.

19 Decision Steps, continued
6. Hold public hearings and meetings 7. Adopt Ordinance to form appropriate Authority and authorize fee methodology

20 Thank You! Timothy S. Wachter, Esq.
Knox McLaughlin Gornall & Sennett, P.C. 120 West 10th Street Erie, PA 16505

21 Disclaimer These materials should not be considered as, or as a substitute for, legal advice and they are not intended nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from these materials without first obtaining professional counsel. The views expressed do not necessarily reflect those of the firm, its lawyers, or clients.


Download ppt "Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016"

Similar presentations


Ads by Google