Strategies to support stormwater management at the municipal level

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1 Strategies to support stormwater management at the municipal level

2 Impervious Surfaces = Environmental/Human Impacts

3 Environmental Impacts Nutrients - Blue-Green Algae Sedimentation Oil/Grease Litter/Pollution Habitat Loss

4 Why? Human Impacts Closed Shellfish Beds Flooding Drinking Water Impacts Recreational Losses Infrastructure Damage

5 Why? New DRAFT MS4 Stormwater Management Requirements Public Education and Outreach Illicit Discharge Detection and Elimination Construction Post-Construction Stormwater Management Pollution Prevention/Good Housekeeping Specific topics, Complete system map Ordinance / Bylaw BMP design and maintenance criteria Written program for municipal activities Specific audiences Prohibit Sanitary Sewer Overflows (SSOs) Fines and penalties Incorporate MA Swtr. Standards into Bylaw SOP s Specific number of messages Identify and then eliminate immediately Integrated Site plan review Impervious area calculations SWPPP for maintenance and waste handling facilities Outfall monitoring (wet and dry) Site inspection and enforcement Integration of LID IDDE prevention Credit: Hoyle & Tanner

6 Funding Alternatives for Stormwater Management Property Taxes/General Fund Grants Bonds/Loans Development Review Fees Stormwater Permit/Connection Fee(s) Special Assessment/Betterment Fee Local Option for Meals Tax Enterprise Fund (i.e. Drainage Fee Via Stormwater Utility)

7 Utility Concept Not so different than other Water Infrastructure Sewer Stormwater

8 Focus: Drainage Fee/Utility Is it Possible? MGL Chapter 40 Section 1A MGL Chapter 40A Section 5 MGL Chapter 44 Section 53F 1/2 MGL Chapter 83 Section 16

9 Benefits Equitable Flexible Reliable Defensible Credit: Dept. of Public Works, Fairfax County, VA

10 Stormwater Financing/Utility Kit Purpose Helps municipalities take control of local water quality issues, Focuses on developing a long-term funding source for stormwater management, Walks municipal officials through all steps of establishing a drainage fee and/or utility system; Encourages coordination across departments (and municipalities) for efficency

11 Kit Premise & Principles Premise: stormwater drainage system is a public system/service! Principles: equitable, stable, and adequate Advantages: linked to actual costs, can be designed to meet local needs Credit: City of Newton, MA

12 How To 5 D s 1. Define: Water Quality Problems & Management Needs 2. Deliver: Outreach Program 3. Determine: Fee Structure 4. Develop: Management Program 5. Draft: Bylaw/Ordinance/Regulations

13 1. Define WQ Problems & Needs Water Quality/Quantity (impaired waters, TMDLs) Infrastructure Issues Management Needs Public/Dept. Outreach SOURCE Public Infrastructure Pavement Maintenance Pavement Deicing Transportation Vehicles Residential Activities Building Exteriors Development Landscape maintenance Pet Waste MAJOR POLLUTANTS Bacteria, metals, nitrogen, organics, petroleum products, phosphorus Petroleum derivates from asphalt, temperature modification Chlorides, sediments, cyanide, sulfates Fine particles; metals, petroleum products such as oil, grease, and PAH Bacteria, pesticides/herbicides, nitrogen, petroleum products, phosphorus, metals Metals (chipped /eroded paints, corrosion of surfaces ) Cement, concrete, high ph, metals, particulate matter, petroleum products, phosphorus Pesticides/herbicides, humic organics, nitrogen, phosphorus; litter (cans, food, paper, plastics; leaves and yard debris ) Bacteria, nitrogen, phosphorus

14 Management Needs: What will This Pay For? Natural Resource Protection Capital Improvements Staff: Stormwater Program Manager Dedicated DPW staff for Maintenance/IDDE Infrastructure Maintenance/Repair New Regulatory Compliance (NPDES Phase II MS4) Planning/GIS Development Plan/Permitting Review

15 TOTAL: $ DEFICIT: $ - Task 1. Determine Expenditures Stormwater Expenditures Category/Item: Administration Regulation/Enforcement Program Administration; Legal Support; Inter-Agency/Muni Coord.; Existing NPDES: NOI, SWMP, Reporting NPDES MS4 Public Education Programs MS4 Permit Admin.; Public Ed./Outreach Drainage System Inspections; Illicit Discharge Detection & SW Master Planning; Elimination ; IDDE Plan; Erosion/Sediment Control CB Inventory Plan; Operations/Maintenance; Inflow/Infiltration Prog.; IDDE-Removal; Pesticide & Fertilizer Prog.; Storm Sewer and Culvert SWPP& Clean-up Prog; Maintenance/Repair; Data & Mapping; etc. Inlet, CB & Manhole Cleaning; Street Sweeping; Inventory /Outfall Monitoring Fall Leaf-pickup; (dry weather) ; Stormwater Outfall Monitoring (wet weather) Catchment Assessment & Engineering and Master Planning Operations and Implementation NEW - Year 1 Year 5 Year 10 Monitoring

16 2a. Deliver Outreach Program: Internal Local Nonpoint Source Issues Purpose and Benefits of Long Term Funding Program Describing Recommended Funding Program Importance of Stormwater Advisory Committee Developing Materials/Media for Internal Outreach

17 2b. Deliver Outreach Program: External Pre-Education Phase (Setting Groundwork) What is Stormwater? Program Development Phase Education After Fee/Utility Establishment

18 18 3. Determine Fee Structure Program costs should be identified and categorized (personnel, equipment, capital, etc.) Fees should be equitable and easy to understand Incentives should be provided to encourage stormwater quality improvements All properties that contribute stormwater should pay fees ( imperviousness )

19 19 3. Determine Fee Structure Steps: a. Impervious Surface Analysis b. Complete fee calculations & compare c. Consider Credits d. Choose Fee and Set Rates

20 20 3.a. Impervious Analysis Data Sources Can you charge a fee based on it?

21 3.a. Impervious Analysis What is it? How do you measure it? Code Property Type In Impervious Analysis 0XX Multiple Use Yes 1XX Residential Yes 2XX Open Space Yes 3XX Commercial Yes 4XX Industrial Yes 5XX Personal Property No Not Found 6XX Forest Chapter No Pervious 61 Protected 7XX Agricultural Ch. - 61A Protected Yes Some Impervious 8XX Recreational Ch. 61B Protected Yes Some Impervious 9XX Tax Exempt Yes

22 3.a. Impervious Analysis Credit: Town of Reading, MA

23 3.b. Fee Structure - Options 1. Flat fee - based only on the number of parcels in Town against costs; 2. Graduated fee - per land use classification using an Equivalent Residential Unit (ERU); 3. Proportional fee - based on impervious surface data for each parcel; and 4. Distributed fee - using a square root of the proportional calculations.

24 3.b. Graduated Fee - Using an ERU The Equivalent Residential Unit (ERU) is most common fee method used. Based on a typical Single Family Residential home s impervious area ( = 1 ERU). Impervious Areas

25 25 3.b. Graduated Fee - Applying An ERU 1 ERU (Residential) 6 ERU (Commercial)

26 3.b. Graduated Fee - Example Property Type # of Parcels Total Impervious (sq ft) Average Impervious per parcel (sq ft) ERU Equivalent Annual Rate (per parcel type) Quarterly Fee Res - Single Family 6,578 16,733,888 2,544 1 $160 $40 Res Multi- 1,521 7,914,075 5,203 2 $210 $52 Unit Commercial ,009,539 50, $3,212 $803 Industrial 39 2,361,727 60, $3,823 $955 Exempt 186 5,303,104 28,406 1 $1,150 $287 Totals: 8,997 47,919,303

27 3.b. Proportional Fee - Example Property Type Land Use Code Total Impervious (sq ft) Percent of Town s Imperv. Approximat e Low Fee (Annual) Approximat e High Fee (Annual) Res - Single Family ,733,888 39% $5 $2,000 Res Multi-Unit ,914,075 1% $1 $600 Commercial ,009,539 35% $1 $30,000* Industrial ,361,727 6% $20 $5,000 Exempt 900 5,283,445 11% $1 $9,000 Totals: 47,919, % * Note: Sizeable variation is due to approximately 10 properties with over 200,000 sq ft impervious.

28 3.b. Burden Using a Distributed Fee

29 3.c.Consider Stormwater Credits Incentives for certain practices: Recharge/Reduction in Impervious Coverage Low Impact Development/Better Site Design Rainwater Harvesting/Reuse Reduction of Post-development Peak Flow Educational Programming (in primary/secondary schools) Opportunities for Reductions in Fee

30 3.d. Fee Options Critical Questions How do you want to distribute the fee burden across property types? For example, if the Town s commercial properties include more impervious surfaces, in total, than all other property types; perhaps this is where the fee burden is more heavily weighed. How do you want to distribute the fee within each property type? For example, does the Town want to use the same fee for each property within one property classification? Is there an interest in leveling-out the fee distribution within a property type? For example, are there political sensitivities of imposing a fee based on actual imperviousness in cases where some properties bear a very high burden for one reason or another?

31 3.d. Set Rates - Comparisons Property Type Town A Town B Town C Single- or Two-Family $25/quarter $6.25/quarter $25/quarter Multi-Family $40/ 3,210 sq. ft. (annually) $6.25/quarter $25/quarter Industrial or Commercial $40/ 3,210 sq. ft. (annually) $37.50/quarter $0.45/1,000 sq. ft./quarter Credit: Hoyle & Tanner

32 4. Develop Management Program Regional Utility Multi-municipal Mgmt. Municipal Utility Existing Dept.

33 5. Draft Ordinance/Bylaw A charge for use of main drains and stormwater facilities adopted under the Home Rule Amendment of the Massachusetts Constitution, and pursuant to G.L. c. 83, 1, 10, and 16, as amended; c. 149, special assessment district set up to generate funding specifically for stormwater mgmt. Users pay a storm water fee and the revenue generated directly supports Every estate whose building sewers discharge directly or indirectly into public sewers shall pay a charge for the use of main drains, stormwater facilities and sewage works.

34 Municipal Stormwater Utility: Reading, MA Established a Storm Water Committee Reviewed Universe of Funding Options, Chose Enterprise Fund Made Recommendation & Received Early Buy-in From Decision Makers Used Orthophotos and Parcel Data to Determine Impervious Coverage

35 Reading, MA Findings/Lessons Learned Average residential impervious area = 2,300 Single-family: 1 ERU = $ Family: 1.5 ERU = $37.50 Commercial/Exempt Properties: fee derived from impervious area Revenues = Approx. 1.1 Million annually Choose billing method carefully Determine which department(s) pay for town-owned land Decide how to handle non-profit properties Educate property owners prior to billing Prepare staff to answer property owner questions Have procedure in place for abatements Adjust fees annually

36 Second Attempt: Average impervious area/unit redefined at 2,300 SF = (Base ERU) Single-family: 1 ERU = $ Family: 1.5 ERU = $37.50 Increased Stormwater Management revenues to $1.1 Million annually Municipal Stormwater Utility: Newton, MA Initial Attempt: Initial Fee Based on Bare Bones Program = $700,000 ERU = $25/yr 23,762 Residential Properties, 848 Commercial Commercial = 6x Impervious Surface as Residential Credits given for owner maintained stormwater management / recharge systems

37 Newton, MA Findings/Lessons Learned: Success of Public Participation: o Sewer / Stormwater Task Force o Charles River Watershed Action Alert in Support of Fee o News Story on Local Cable TV Initial Revenue Generated was Inadequate for SWM Needs Have at Least One Showcase Project Document Gains Made With the Fund Be Consistent with Credits

38 Other Attempts GLOUCESTER READING NEWTON WESTFIELD CHICOPEE FALL RIVER YARMOUTH

39 Stormwater Partnership Model No More Recreating the Wheel Resource Sharing Shared Technical Services Planning at the Watershed Scale SWMP Development Collaborative Governance Ongoing Leadership for SW Management

40 Partnership Program Options 1. Education and Outreach Templates for SWMP 2. Review of Local Bylaws (Stormwater and Non) 3. Illicit Discharge Detection and Elimination IDDE Planning: a)language for use in SWMP b)map and data table (outfalls and receiving waters) c)ranking of outfalls d)evaluation of regional implementation options 4. Evaluation of Parcel and Roadway Retrofits 5. Good Housekeeping SOPs 6. Financing Analysis and Pilots

41 Regional Stormwater Utility: Could Look Like Carries out the cooperative program Jointly managed by a board and minimal hired administrative staff Could also collect and disburse bills if multiple user fees Shared Program Town X Town Y Town Z

42 Key - Coordination Source: Lower Merion Conservancy, PA

43

44 Exercise: Calculating a Graduated Fees Choosing a Fee Structure

45 Exercise: Calculating Graduated Fees ERU = Average Impervious / Residential Average Impervious X ERU s Fee = Residential Fee x ERU X ERU s 1 ERU Residential: 2,500 sq ft imp. (avr. imp.) $160/yr Commercial: 50,800 sq ft = $xxx/yr Tax Exempt: 60,500 sq ft imp. $xxx/yr

46 Exercise: Fee Selection Property Type Total Imperv. (sq ft) % Town s Imperv. Flat Fee (Annual) Graduated Fee (Annual) Proportionate Fee - Highest (Annual) Distributed Fee - Highest (Annual) Res - Single Family 16,733,888 39% $118 $161 $2,000 $600 Res Multi-Unit 7,914,075 1% $118 $211 $600 $800 Commercial 15,009,539 35% $118 $3,213 $30,000 $2,000 Industrial 2,361,727 6% $118 $3,824 $5,000 $2,000 Exempt 5,283,445 11% $118 $1,150 $9,000 $2,000 Totals: 47,919, % See Handout for Community Stats and Key Questions to Consider!

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