PRIOR PRINTER'S NO. 1082 PRINTER'S NO. 1329
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 991
Session of
2025
INTRODUCED BY STRUZZI, FREEMAN AND ZIMMERMAN, MARCH 24, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 2025
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," providing for storm water management plans and
5 facilities.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of June 24, 1931 (P.L.1206, No.331),
9 known as The First Class Township Code, is amended by adding an
10 article to read:
11 ARTICLE XXIV-A
12 STORM WATER MANAGEMENT
13 PLANS AND FACILITIES
14 Section 2401-A. Storm water management systems authorized.
15 The board of commissioners may plan, design, construct,
16 assemble, install and alter facilities, including inlets,
17 outlets, systems of piping, diversion terraces, grass waterways,
18 energy dissipaters, storm water retention devices and natural or
19 artificial infiltration areas, to manage surface water runoff.
 1 Section 2402-A. Construction of storm water management
2 facilities.
3 (a) Management.--The board of commissioners may acquire by
4 purchase, deed of dedication or eminent domain proceedings all
5 or part of an existing system or facility for the management of
6 surface water runoff that may have been established or
7 constructed by a property owner in the township or establish,
8 construct and maintain systems or facilities in the best
9 interest of the township.
10 (b) Purchase.--If the board of commissioners and the owners
11 of systems agree upon a price to be paid by the township, the
12 purchase may be consummated if the amount to be paid does not
13 exceed the actual value of the facilities to be transferred.
14 (c) Damages.--If the board of commissioners acquires the
15 system by the exercise of eminent domain, the damages shall be
16 determined by viewers under this act for eminent domain
17 proceedings.
18 Section 2403-A. System management.
19 (a) Powers.--When exercising the powers under this article,
20 the board of commissioners shall manage storm water originating
21 in or passing through the township in a manner consistent with
22 the requirements of the act of October 4, 1978 (P.L.864,
23 No.167), known as the Storm Water Management Act, and the storm
24 water management guidelines and regulations that may be adopted
25 by the Department of Environmental Protection.
26 (b) Plan.--All storm water management activities shall be
27 consistent with a watershed storm water management plan approved
28 by the Department of Environmental Protection.
29 (c) Review.--If storm water management activities are
30 undertaken in watersheds for which there is no approved storm
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 1 water management plan, all drawings, documents, profiles and
2 designs and descriptions of the proposed activities to be
3 undertaken by the township shall be submitted to the county
4 conservation district for review and comment before the
5 initiation of earthmoving activities. The county conservation
6 district shall have 30 days to review and respond with comments
7 to the board of commissioners. Failure to respond within that
8 time constitutes favorable comment by the county conservation
9 district.
10 Section 2404-A. Ordinances.
11 (a) Ordinance provisions.--The board of commissioners may
12 enact storm water management ordinances and require persons
13 conducting earthmoving activities to obtain approval from the
14 board of commissioners for those activities. Ordinances must be
15 consistent with watershed storm water management plans where
16 they exist and in all cases must be consistent with the act of
17 October 4, 1978 (P.L.864, No.167), known as the Storm Water
18 Management Act.
19 (b) Maintenance of facilities.--The board of commissioners
20 may enact and enforce ordinances to govern and regulate the
21 planning, management, implementation, construction and
22 maintenance of storm water management facilities.
23 Section 2405-A. Fees.
24 (a) Funding.--For the purposes of funding the construction, <--
25 maintenance and operation of storm water management facilities,
26 systems and plans authorized under this article, a township may
27 assess reasonable and uniform fees based in whole or in part on
28 the characteristics of the property benefited by the facilities,
29 systems and plans. In establishing the fees, the township shall
30 consider and provide appropriate exemptions or credits for
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 1 properties which have installed and are maintaining storm water
2 management facilities that meet best management practices and
3 are approved or inspected by the township.
4 (A) FUNDING.-- <--
5 (1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
6 MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
7 FACILITIES, SYSTEMS AND PLANS AUTHORIZED UNDER THIS ARTICLE,
8 A TOWNSHIP MAY ASSESS REASONABLE AND UNIFORM FEES BASED IN
9 WHOLE OR IN PART ON THE CHARACTERISTICS OF THE PROPERTY
10 BENEFITED BY THE FACILITIES, SYSTEMS AND PLANS.
11 (2) IN ESTABLISHING THE FEES, THE TOWNSHIP MAY INCLUDE A
12 MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY
13 THE TOWNSHIP. ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE
14 ARE PRESUMED TO BENEFIT FROM A TOWNSHIP'S STORM WATER
15 PLANNING, MANAGEMENT AND IMPLEMENTATION. FOR PURPOSES OF THIS
16 PARAGRAPH, THE TERM "IMPERVIOUS SURFACE" MEANS AN AREA,
17 MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT
18 ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OF WATER INTO
19 SOIL, INCLUDING COMPACTED DIRT, GRAVEL, CONCRETE, ASPHALT,
20 ROADS, SIDEWALKS, PARKING LOTS, DRIVEWAYS, PATIOS, ROOFS,
21 GARAGES AND STORAGE SHEDS.
22 (3) IN ESTABLISHING THE FEES, THE TOWNSHIP SHALL
23 CONSIDER AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR
24 PROPERTIES WHICH HAVE INSTALLED AND ARE MAINTAINING STORM
25 WATER MANAGEMENT FACILITIES THAT MEET BEST MANAGEMENT
26 PRACTICES AND ARE APPROVED OR INSPECTED BY THE TOWNSHIP.
27 (b) Fees.--A fee levied by the township can be assessed in
28 one of the following methods:
29 (1) On all properties in the township.
30 (2) On all properties benefited by a specific storm
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 1 water project.
2 (3) By establishing a storm water management district
3 and assessing the fee on all property owners in the district.
4 (c) Authorization.--A fee collected for the purposes of
5 storm water management may only be used for the purposes
6 authorized by this article.
7 (d) Filing.--The assessments shall be filed with the
8 township treasurer.
9 (e) Payments.--An ordinance shall specify whether payments
10 are to be made by annual or more frequent installments.
11 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1082: P.L.1206, No.331
Printer's No. 1329: P.L.1206, No.331