West Chester Borough has scheduled a public hearing on a proposed Stream Protection Fee for Sept. 16 at 6:30 p.m. at the Municipal Building, 401 East Gay St.
The fee would apply to property owners in the borough. Details on the proposed rate structure and estimated cost per property were not available in public records reviewed for this article.
The hearing follows a Pennsylvania Supreme Court ruling that upended the borough's existing stormwater charge. On April 30, the court found that West Chester's stream protection fee was a tax, not a fee, in The Borough of West Chester v. Pennsylvania State System of Higher Education. The court held the borough was acting in its public capacity for the community's general welfare, not under a contract, according to a Cozen O'Connor analysis of the decision. That meant tax-exempt entities like West Chester University did not have to pay.
The borough's previous fee applied to all developed properties and was calculated based on impervious surface area, such as driveways, rooftops and parking lots. The borough enacted it to comply with Pennsylvania's Storm Water Management Act, itself a response to the federal Clean Water Act.
The ruling drew concern from municipal groups across the state. The Pennsylvania State Association of Township Supervisors said the decision would "dramatically affect municipalities' ability to pay for the federal and state governments' unfunded mandates on stormwater management," Lancaster Farming reported. The Chesapeake Bay Foundation said it would work with lawmakers to ensure state institutions pay for local stormwater improvements they benefit from.
The borough's calendar also lists a Borough Council voting session for the same date and time, though it is unclear whether council could vote on the fee that night. A council worksession is scheduled for Sept. 15 at 6:30 p.m. at the same location.
Residents who want to weigh in can attend the Sept. 16 hearing at the Municipal Building, 401 East Gay St. The borough can be reached at (610) 692-7574.
