Bill Text: DE HB476 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To Fees Chargeable In Connection With Stormwater Discharge.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-06-15 - Introduced and Assigned to Natural Resources Committee in House [HB476 Detail]
Download: Delaware-2009-HB476-Draft.html
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SPONSOR: |
Rep. B. Short & Sen. Katz |
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Reps. Hocker, Q. Johnson, Kovach, Lavelle, Mitchell |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 476 |
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AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FEES CHARGEABLE IN CONNECTION WITH STORMWATER DISCHARGE. |
WHEREAS, Title 7 of the Delaware Code allows the establishment of stormwater utilities by conservation districts, counties and municipalities; and
WHEREAS, a stormwater utility may impose certain fees on real property owners; and
WHEREAS, stormwater fees were intended by the General Assembly to attach only to land-disturbing activities and to finance the construction, operation, and maintenance of equipment of stormwater conveyance systems on a fee for service basis; and
WHEREAS, notwithstanding the General Assembly's intent, certain property owners have been subjected to stormwater fees who do not utilize stormwater conveyance systems constructed, operated, or maintained by the entity imposing the fee, which is not reasonable or equitable;
NOW, THEREFORE:
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
Section 1.Amend §4005, Title 7 of the Delaware Code by adding the following to paragraph (b) as the third sentence thereof: "Non-land disturbing activities including the maintenance of existing conditions, structures, or property shall not be subject to any fee system adopted by a conservation district, county or municipality unless the fee is related to discharge of stormwater from the property directly into a system constructed, maintained, or operated exclusively to convey stormwater by the conservation district, county, or municipality charging the fee.‘Existing conditions' shall mean the state of the property immediately prior to the enactment of the local utility ordinance.".
Section 2.Amend §4005, Title 7 of the Delaware Code by adding the following to the end of paragraph (c):"A fee system imposed by a stormwater utility ordinance shall not be considered reasonable and equitable if it imposes fees on property owners whose lands do not discharge stormwater into a system constructed, maintained, or operated exclusively for that purpose by the entity imposing the fees.Fees imposed in violation of this section shall be rescinded.".
Section 3.Amend §4007, Title 7 of the Delaware Code by adding the following paragraph to be designated (f):"The delegation shall exclude the right for any conservation district, county, or municipality to charge any fee or require purchase of a license in connection with stormwater runoff except by a stormwater utility established in accordance with §4005(c), excepting fees connected with the review, approval, and construction of a sediment and stormwater plan which will be allowed. No municipal corporation may impose a stormwater fee through a local utility ordinance or otherwise except in accordance with this Chapter, the power to regulate stormwater lying exclusively with the State and not being a part of any authority a municipality may exercise under Home Rule powers.Any local utility ordinance imposing a stormwater fee in violation of this Section is void and unenforceable.".
SYNOPSIS
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This Bill provides a mechanism for providing relief from stormwater management fees imposed on property owners who do not currently discharge stormwater directly into a stormwater conveyance system constructed, maintained, or operated by the local government or conservation district imposing the fee.Fees currently charged in violation of this section are rescinded. |
