Stormwater FAQ

What is the stormwater utility fee?
When did the fee go into effect?
How was the management and operation of our stormwater drainage system funded before this stormwater utility fee?
Why is the stormwater utility fee necessary?
Who is responsible for maintaining and repairing the public stormwater drainage system?
What will the generated revenue from the stormwater fee be used for?
Is there a way to reduce my stormwater fee?
With whom may I speak regarding billing issues?
To whom would I direct technical questions about the stormwater utility fee?
Do any other Pennsylvania cities, townships, or boroughs charge stormwater utility fees?
How is the stormwater fee calculated?
Why is the stormwater utility fee based on ERUs?
What is the difference between an impervious surface area and a pervious surface area?
How does the type of surface affect the user fee?
Are any properties exempt from the stormwater utility fee?
What can I do if I do not agree with the Township's estimate of my stormwater utility fee?

What is the stormwater utility fee?

The Ferguson Township Board of Supervisors voted to adopt the Stormwater Management Utility Fee Ordinance. This annual fee is assessed to property owners to fund stormwater management services such as ongoing inspections, assessments, and improvements of the infrastructure, maintaining MS4 primary program requirements and continued efforts toward improving stormwater quality within the community. For other than single family residences, this stormwater utility fee is a charge based on the amount of impervious area on a property. Single family residence properties are charged a flat fee.

Ferguson Township is responsible for managing stormwater within the municipal jurisdictions of the Township. Specifically, stormwater management is a subset of the Ferguson Township Public Works Department.

When did the fee go into effect?

The Ferguson Township Board of Supervisors adopted the Stormwater Management Utility Ordinance establishing the fee during their meeting on February 17, 2021.

The Fee went into effect January 1, 2022. Property owners will receive their specific fee on their yearly tax bills which are sent out by the Township.

How was the management and operation of our stormwater drainage system funded before this stormwater utility fee?

Previously, stormwater management was funded through the General and Transportation Improvement Funds via Real Estate, Transfer, and Earned Income Taxes.

Now, the Stormwater Management Utility Fee Ordinance establishes a stormwater fund, which will collect the stormwater fees paid by property owners and use those generated funds to specifically fund stormwater improvement in the Township. These fees cannot be used for any other Township purposes.

Further, a resolution was adopted that the maximum fund balance for the Ferguson Township Stormwater Fund shall be no greater than thirty percent (30%) of budgeted expenditures for the fiscal year.

Why is the stormwater utility fee necessary?

Ferguson Township maintains over 33 miles of pipe and many more miles of channels, 2,352 inlets, and many other stormwater facilities throughout the Township. The existing stormwater management system and infrastructure in Ferguson Township requires maintenance and repair to meet current and future needs, including addressing increased precipitation and flooding events.

Furthermore, Ferguson Township is a Municipal Separate Storm Sewer System (MS4) Permit holder. This permit requires the Township manage stormwater within our urbanized area throughout multiple initiatives and to have a Pollution Reduction Plan. This plan provides suggested projects to be constructed by Ferguson Township within each of the watersheds to help reduce pollutants and ensure the quality of water headed for the Chesapeake Bay and any impaired waterways.

Impervious areas, such as asphalt, concrete, brick, stone and rooftops, contribute greater amounts of stormwater runoff and associated pollutants to the stormwater management system. Stormwater management is necessary to protect the general health, safety, and welfare of the residents of the Township.

Who is responsible for maintaining and repairing the public stormwater drainage system?

Ferguson Township is responsible for maintaining stormwater infrastructure in the Township right-of-way (roads, streets, and sidewalks). Private property owners are responsible to maintain stormwater systems on private property. In some instances, private stormwater infrastructure takes in a majority of public stormwater. Property owners can apply to secure funding for needed improvements if a majority of public stormwater co-mingles with private stormwater. Learn more about applying further in this FAQ.

What will the generated revenue from the stormwater fee be used for?

The revenue generated in stormwater fund will only be used for stormwater management services such as ongoing inspections, assessments, and repairs of the infrastructure, maintaining MS4 primary program requirements and continued efforts toward improving stormwater quality within the community. Other examples include Capital Improvement projects, such as the Park Hills Drainageway and developing stream buffers. Ferguson

Is there a way to reduce my stormwater fee?

Property owners can reduce their stormwater fee by reducing their impervious area or applying for credits and/or exemptions.

All of these credits are outlined in our Stormwater Credit Manual. Some of these include adopting an inlet, disconnecting downspouts, or adding rain barrels to the property.

Credits can reduce a property's stormwater fee up to 40%.

To qualify for a reduced fee in a given year, credit and exemption applications need to be submitted to Ferguson Township by September 30th of the preceding year; meaning to be eligible for a credit or exemption for the fee in 2025, applications must be submitted by September 30, 2024. Property owners can either apply through our website or submit a paper application at the Ferguson Township Municipal Building.

Once approved, credits will continue to renew annually subject to the credit feature being maintained and functional. Please notify the Township if you wish to no longer maintain and/or remove the feature for which you have been approved. In the future, if/when the Township completes an audit of stormwater fee credits, you will be notified of any requirements to retain the credit.

The Board of Supervisors updated the stormwater fee resolution in October 2022, which will no longer requires Agricultural Exemptions to be applied for annually. However, Non-profit and Hardship Exemption applications do need to be submitted for approval annually.

With whom may I speak regarding billing issues?

For questions or concerns about billing, please contact the Ferguson Township Finance Department 814-238-4651 or email Todd Grady, Director of Finance, at tgrady@twp.ferguson.pa.us.

To whom would I direct technical questions about the stormwater utility fee?

For questions or concerns about the stormwater utility fee, please contact Ferguson Township's Director of Public Works, David Modricker, at dmodricker@twp.ferguson.pa.us or 814-238-4651

Do any other Pennsylvania cities, townships, or boroughs charge stormwater utility fees?

Yes. As of 2020, 36 Pennsylvania cities, townships, and boroughs have implemented a stormwater utility fee and that number is growing rapidly. Philadelphia was the first to implement a stormwater utility fee in Pennsylvania.

Source: Western Kentucky University Stormwater Utility Survey 2020, C. Warren Campbell

How is the stormwater fee calculated?

Since a stormwater utility is a fee for service, all properties are charged regardless of their tax status. In Ferguson Township, properties are charged per ERU or equivalent residential unit.

In determining what an ERU equals, staff examined every residential property in the Township and calculated an average amount of impervious area for residential lots. This was determined to be 3,097 square feet, which is used to define one ERU. For non- single family residential properties, the number of ERUs assigned is determined by dividing the total impervious area of the parcel by 3,097 square feet. A property's fee is then determined by multiplying the number of ERUs that apply to the property by the rate per ERU. Once that amount is determined, any credits or exemptions that apply are deducted and the difference represents the final fee assessed to the property.

In 2024, the rate per ERU is proposed to be $119 for properties inside the Regional Growth Boundary and $75 for properties outside the Regional Growth Boundary. For all single-family residential properties in the Township, regardless of their size of impervious, the assessment will be one ERU. For other uses, the total square footage of impervious will be translated to a number of ERUs. For example, a commercial property with 10,000 square feet of impervious surface will be assessed 3 ERUs (10,000 sq. ft. divided by 3,097 sq. ft. per EDU = 3.23 ERUs, which is then rounded to 3 ERUs. If the property is inside the Regional Growth Boundary, the total fee in 2024 will equal $357.00.

Why is the stormwater utility fee based on ERUs?

Throughout the course of the three-year study, several fee methodologies were evaluated, including a charge per 1,000 square feet of impervious, or impenetrable surface on a property and an Equivalent Residential Unit (ERU) model. The Board of Supervisors directed the ordinance to reflect the ERU methodology of assessment. The Board determined that is was the best methodology to fit the specific needs of Ferguson Township.

How does the type of surface affect the user fee?

For non-single family residence properties, the fee is based on impervious area. The less the impervious area, the less the fee.

Are any properties exempt from the stormwater utility fee?

In conjunction with the Stormwater Management Utility Fee Ordinance, the Ferguson Township Board of Supervisors adopted three policies for those who qualify to receive a partial or full exemption from the stormwater utility fee.

The Agricultural Properties Partial Exemption Policy allows properties that meet the definition of “agricultural use” to apply for a partial exemption for agricultural properties that limits the maximum fee assessed to twice the median assessment fee imposed on all other properties in the Township. Each residence on the property is also assessed one ERU.

The Non-Profit Exemption Policy provides a full (100%) exemption from the stormwater utility fee to an organization exempt from taxation, or would qualify from exemption from taxation under §501(c)(3); §50.1(c)(13); or §501(c)(19) of the Internal Revenue Code and assessed an annual stormwater utility fee payment that equals or exceeds one percent (1%) of the organization's total (taxable or non-taxable) annual revenue prior to deductions for applicable credits or exemptions.

Finally, the Economic Hardship Policy provides a full (100%) exemption to individuals and families who earn less than or equal to two hundred percent (200%) of the Federal Poverty Income Level by household size as defined by the US Department of Health and Human Services. A fifty percent (50%) exemption shall apply to individuals and families who earn less than or equal to two hundred and fifty percent (250%) of the Federal Poverty Income Level by household size as defined by the US Department of Health and Human Services.

Applications for these exemptions need to be submitted to Ferguson Township by September 30^th of the year preceding the reduction in fee; meaning to reduce your fee in 2025, you must submit your application for an exemption by September 30th of 2024.