450 Stormwater and Flood Control Utility.pdfChapter 280
STORMWATER AND FLOOD CONTROL UTILITY
GENERAL REFERENCES
Fees —See Ch. 174.Stormwater management —See Ch.281.
§280-1.Established; supervision.[Amended 12-4-2014]
There is hereby established within the Department of Public Works a utility
known as the "Stormwater and Flood Control Utility"under the day-to-day
supervision of the Director of Public Works.
§280-2.Purpose; funding.
The Stormwater and Flood Control Utility shall administer the stormwater
management and flood control programs of the City.It shall be funded by
revenue collected through the Stormwater and Flood Control Utility fee and
such other funds as may,from time to time,be appropriated or obtained
through grants and low-interest loans.The stormwater management
program is designed to promote the health and safety of the public,to
protect property from flooding and the damage caused by stormwater
runoff,and to protect and manage water quality by controlling the level
of pollutants in stormwater runoff and the flow of water as conveyed by
man-made and by natural stormwater management systems and facilities,
whether publicly or privately owned.The flood control program is designed
to maintain,operate,modify,construct or replace flood control systems
in the City that protect the City from flooding from the Mill River and
Connecticut River systems.
§280-3.Authority.[Amended 12-4-2014]
This chapter is adopted in accordance with the authority granted,inter alia,
by Amendment Article 89 to Amendment Article 2 of the Massachusetts
Constitution,MGL c.83,§§1 through 24,and such other powers as granted
to cities in the General Laws.
§280-4.Definitions.
The following words,terms and phrases,when used in this chapter,shall
have the meanings ascribed to them in this section,except where the
context clearly indicates a different meaning:
CREDIT —A reduction in the amount of a Stormwater and Flood Control
Utility fee charge to a particular property.
DIRECT COSTS —The costs incurred in the operation and maintenance of
the stormwater and flood control system as reflected in the Stormwater and
Flood Control Enterprise Fund budget.
280:1
DRAINAGE SYSTEM —Natural and man-made channels,swales,ditches,
swamps,rivers,streams,brooks,creeks,wetlands,branches,reservoirs,
ponds,drainageways,drainage structures,conveyances,storm drains,
catch basins,inlets,gutters,pipes,culverts,bridges,head walls,storm
sewers,lakes,and other physical works,properties,and improvements
that collect,transport,transfer,control,pump,treat,convey,dispose of,or
otherwise influence the movement of stormwater runoff.
DWELLING UNIT —The individual,private premises contained in any
building intended,whether occupied or not,as the residence for one
household,regardless of the number of individuals in the household.A
building may contain more than one dwelling unit.
FLOOD CONTROL SYSTEM —Man-made levees,flood walls,pump
stations, stop-log structures, and other flood protection improvements.
GENERAL LAWS —The General Laws of the Commonwealth of
Massachusetts.
HYDRAULIC ACREAGE —The sum of the impervious and pervious areas as
modified by runoff coefficients.
IMPERVIOUS SURFACE —Those areas which prevent or impede the
infiltration of stormwater into the soil in the manner in which it entered
the soil,in natural conditions,prior to development.Common impervious
surfaces include,but are not limited to,rooftops,buildings or structures,
sidewalks,walkways,patio areas,decks,driveways,parking lots,storage
areas,compacted gravel and soil surfaces,awnings and other fabric or
plastic coverings,and other surfaces which prevent or impede the natural
infiltration of stormwater runoff which existed prior to development.
INDIRECT COSTS —The costs incurred in the operation and maintenance
of the stormwater and flood control system appropriated as part of the
General Fund operating budget and allocated to the Stormwater and Flood
Control Enterprise Fund budget.An example of an indirect cost would be
the value of time spent by General Fund employees in the Collector's office
processing Enterprise Fund user payments.
LARGE RESIDENTIAL PROPERTY —Improved property containing
apartments,or condominiums with four or more dwelling units and rooming
and boarding houses.Large residential properties shall not include
improved property containing structures used primarily for nonresidential
purposes (i.e.,hotels,motels,retirement centers,nursing homes or assisted
living homes or properties designated as "mixed use"properties by the
Board of Assessors).
NONRESIDENTIAL PROPERTY —Property that is not residential property
as defined herein,including,but not limited to,such property as commercial
and office buildings,public buildings and structures,industrial and
manufacturing buildings,storage buildings and storage areas,parking lots,
roadways,driveways,parks,recreation properties,tennis courts,swimming
pools,public and private schools and universities,research facilities and
stations,hospitals and convalescent centers,airports,agricultural uses,
water and wastewater treatment plants,hotels,motels,retirement centers,
§280-4 NORTHAMPTON CODE §280-4
280:2
nursing homes or assisted living homes,properties designated as "mixed
use"properties by the Board of Assessors,and any other form of use not
otherwise mentioned which is not a residential property.
PERVIOUS SURFACE —Those areas that allow the unimpeded infiltration
of stormwater into the soil.Common pervious surfaces include,but are
not limited to,lawn area,forest land,agricultural lands,meadows and
other undeveloped land.In determining utility fee calculations,all land on
a parcel of property not defined as impervious land will be considered to be
pervious.
PROPERTY ASSOCIATIONS —A condominium,cooperative,or other form
of ownership,whether residential,commercial or multiple-use,in which
fees are divided among multiple record title owners by instrument recorded
in the Hampshire Registry of Deeds or Hampshire Land Court.[Added
3-19-2015]
RUNOFF COEFFICIENT —A factor that is used to estimate the percentage
of precipitation that results in surface water runoff.Runoff coefficients
are values between zero and one commonly used in stormwater runoff
calculations as part of standard engineering methodologies and practices.
Runoff coefficients are used as a means to approximate a property's impact
on the City's stormwater and flood control systems.
SMALL RESIDENTIAL PROPERTY —Improved property containing one,
two or three dwelling units.Small residential properties shall not include
improved property containing structures used primarily for nonresidential
purposes (i.e.,hotels,motels,retirement centers,nursing homes or assisted
living homes or properties designated as "mixed use"properties by the
Board of Assessors).
STORMWATER —The surface water runoff from precipitation.
STORMWATER AND FLOOD CONTROL UTILITY FEE —The periodic user
fee imposed pursuant to this chapter by the City of Northampton for
providing stormwater management and flood control services.
STORMWATER MANAGEMENT AND FLOOD CONTROL SERVICES —
All services provided by the City which relate to the:
Transfer,control,conveyance,treatment or movement of
stormwater runoff through the City;
(1)
Maintenance,repair and replacement of existing stormwater
management and flood control systems and facilities;
(2)
Planning,development,design and construction of additional
stormwater management and flood control systems and facilities to
meet current and anticipated needs;
(3)
Regulation of the use of stormwater management services,systems
and facilities; and
(4)
A.
§280-4 STORMWATER AND FLOOD CONTROL §280-4
280:3
STORMWATER MANAGEMENT SYSTEMS AND FACILITIES —Those
natural and man-made channels,swales,ditches,rivers,streams,brooks,
creeks,wetlands,branches,reservoirs,ponds,drainageways,drainage
structures,conveyances,storm drains,catch basins,inlets,gutters,pipes,
culverts,bridges,head walls,storm sewers,lakes,and other physical
works,properties,and improvements that collect,transport,transfer,
control,pump,treat,convey,detain,retain,dispose of,or otherwise
influence the movement of stormwater runoff.
UNDEVELOPED LAND —All land that is not altered from its natural state.
§280-5.Fee established; quarterly billing; deposit to special
revenue account.
§280-6.Rates.[Amended 12-4-2014]
Compliance with applicable local,state and federal stormwater
management and flood control regulations,permit requirements,
and mandates.
(5)
Stormwater management services may address the quality of
stormwater runoff as well as the quantity thereof.
B.
A.Pursuant to MGL c.83,§16,the City hereby establishes a charge for
the use of the stormwater management and flood control services of the
City to be known as the "Stormwater and Flood Control Utility fee."
B.The Stormwater and Flood Control Utility fee is imposed on each parcel
of residential property and each parcel of nonresidential property,
whether occupied or not.The fee shall be billed in advance on a
quarterly basis to the record title owner of the property.The quarterly
billing shall be consolidated in the same bill as is sent to said property
owner for other services provided by the City supported by fees,
including water service and sanitary sewer use.If the property does not
receive a water/sewer bill from the City,a bill for only the stormwater
and flood control fee will be sent.
C.Receipts generated from the Stormwater and Flood Control Utility fee
shall be deposited to a special revenue account to be known as the
"stormwater management and flood control account"set up in
accordance with the authority granted by MGL c.44,§53F 1/2.The
funds deposited to this account shall be used to fund the stormwater
management and flood control program of the City.
A.The Director of Public Works shall recommend an annual budget for
stormwater management and flood control services to the Mayor.The
Mayor shall include a proposed annual budget for the stormwater
management and flood control services in the proposed operating
budget submitted to the City Council in accordance with Section 7-3 of
the Charter of the City of Northampton.The budget submitted by the
Mayor and approved by the City Council shall set the annual budget at
an amount that will be sufficient to provide for a balanced operating
§280-4 NORTHAMPTON CODE §280-6
280:4
and capital improvement budget for the stormwater management and
flood control services.
B.For the first five fiscal years of the utility operation,the Director of
Public Works shall recommend a budget for each year with revenue
raised by the utility that shall not exceed $2,000,000 per year unless
the Director shall state with specificity the reasons for its
recommendation of a budget with revenue in excess of $2,000,000.
C.Beginning in the sixth year,the Director of Public Works shall
recommend a budget for each year with revenue raised by the utility
that shall not exceed $2,000,000 per year plus the cost of inflation as
determined by the Federal Bureau of Labor Statistics Consumer Price
Index unless the Director shall state with specificity the reasons for its
recommendation of a budget with revenue in excess of the limitation set
forth in this subsection.
D.The rate model for billing shall be based on:
(1)The impervious surface area on a parcel multiplied by a runoff
coefficient of 0.95
(2)The pervious area on a parcel multiplied by a runoff coefficient of
0.1.The maximum billable pervious area for any one property shall
be one acre.
(3)The sum of the impervious and pervious areas as modified by the
runoff coefficients described above is the hydraulic acreage for
each parcel.
E.A billing rate per square foot of hydraulic acreage will be calculated by
the Department of Public Works each year by dividing the approved
annual budget as described above by the total hydraulic acreage to be
billed in the City of Northampton.The rate shall be on file in the office
of the Department of Public Works of the City of Northampton.
F.Small residential properties shall be divided in approximately equal
numbers into four groups based on ascending amounts of impervious
area.The Department of Public Works shall determine the range of
impervious area used for defining each group.All properties within
each group shall receive the same bill.The bill for each group shall be
calculated based on the average impervious and pervious areas of
properties that fall within each group.
G.Bills for large residential property and nonresidential property shall be
determined based on the estimated areas of impervious and pervious
surface on the property.Property owners who own multiple
undeveloped parcels with protected status (protected for open space by
fee or less-than-fee ownership by methods including but not limited to
Mass.Constitution 97th Article of Amendment,MGL c.8C,MGL c.44B,
MGL c.45,MGL c.61,MGL c.61A,MGL c.61B,MGL c.184,or held by
§280-6 STORMWATER AND FLOOD CONTROL §280-6
280:5
§280-7.Scope of responsibility for stormwater management and
flood control systems and facilities.
a nonprofit land trust)shall be assessed as if their multiple parcels were
all part of a single larger parcel.
H.After calculating the billing rate per square foot of hydraulic acreage in
Subsection D,the Department of Public Works will establish a
standardized fee for each of the four classes of small residential
properties in accord with Subsection C.
I.Any impervious areas within the federal,state,county,and City-owned
right-of-way used by the traveling public will not be attributed to the
parcel and will not be considered as part of the total impervious area of
the parcel.
J.Property associations may submit to the Department of Public Works a
copy of the instrument recorded in the Hampshire Registry of Deeds or
Hampshire Land Court that defines the percentage of common
ownership attributable to each unit thereof.Upon receipt of a copy of
such instrument,the Department shall cause each individual owner to
be billed separately for the percentage attributable to such unit.
[Added 3-19-2015]
A.The City shall be responsible for all costs to operate,maintain,improve
and access those stormwater management and flood control systems
and facilities which are located:
(1)Within public road rights-of-way;
(2)On private property but within easements granted to,and accepted
by,the City of Northampton,or which are otherwise permitted to
be located on such private property by written agreements for
rights-of-entry,rights-of-access,rights-of-use or such other lawful
means to allow for operation,maintenance,improvement and
access to the stormwater management system facilities located
thereon;
(3)On public land which is owned by the City and/or land of another
governmental entity upon which the City has agreements providing
for the operation,maintenance,improvement and access to the
stormwater management and flood control systems and facilities
located thereon.
B.Operation,maintenance and/or improvement of stormwater
management and flood control systems and facilities which are located
on private or public property not owned by the City,and for which the
City lacks a lawful right of entry,shall be and remain the legal
responsibility of the property owner,except as otherwise provided for
by state and federal laws and regulations.
§280-6 NORTHAMPTON CODE §280-8
280:6
§280-8.Purposes of fund.
The Stormwater and Flood Control Utility fee shall only be used for the
direct and indirect costs of the Utility to provide stormwater management
and flood control services as defined in §280-4 and also includes the
following:
§280-9.Liability for fee; exemptions.
A.The acquisition by gift,purchase or condemnation of real and personal
property,and interests therein,necessary to construct,operate,and
maintain stormwater management and flood control systems and
facilities.
B.All costs of administration and implementation of the stormwater
management and flood control programs,including the cost of labor
attributable to the stormwater management and flood control programs
and the establishment of reasonable operating and capital reserves to
meet unanticipated or emergency stormwater management and flood
control requirements.
C.Engineering and design,debt service and related financing expenses,
construction costs for new facilities,and enlargement or improvement
of existing facilities.
D.Operation and maintenance of the stormwater and flood control
systems.
E.Capital projects for stormwater management and flood control.The
Department of Public Works shall be strongly encouraged to bear
witness to the needs of bicyclists,pedestrians,and people using
mobility devices,and shall further be encouraged to consider their
needs on an equitable basis in conjunction with the needs of motorists,
business owners,and others,both during the construction of any
projects funded in whole or in part by the Stormwater and Flood
Control Utility and in regard to the design of the finished product.
F.Illicit discharge detection and elimination.
G.Monitoring,surveillance,and inspection of stormwater control devices.
H.Water quality monitoring and water quality programs.
I.Retrofitting developed areas for pollution control.
J.Inspection and enforcement activities.
K.Billing and related administrative costs.
L.Other activities which are reasonably necessary,including costs related
to regulatory compliance.
A.The City finds that all real property in the City contributes to runoff and
either uses or benefits from the maintenance of the stormwater system.
§280-8 STORMWATER AND FLOOD CONTROL §280-9
280:7
§280-10.Fee credits.
Therefore,except as provided in this section or otherwise provided by
law,no public property,including public property funded by taxpayers
of the City of Northampton,or private property located in the City of
Northampton shall be exempt from the Stormwater and Flood Control
Utility fee charges.
B.Notwithstanding the foregoing,the City establishes exemptions to the
Stormwater and Flood Control Utility fee as follows:
(1)Public streets,highways and rights-of-way.However,maintenance
buildings and/or other improved property used for road
maintenance purposes shall not be exempt from Stormwater and
Flood Control Utility fee charges.All other state,federal,and
county properties are subject to the user fee charges on the same
basis as private properties.
A.The Department of Public Works shall annually develop a proposed
Stormwater Management and Flood Control Utility Credit Policy
("Credit Policy").The Director shall submit the proposed Credit Policy
to the Mayor,who may approve,modify and approve,or disapprove the
Credit Policy.The Credit Policy as approved by the Mayor shall be
submitted by the Mayor to the City Council for approval.The City
Council may approve or disapprove the Credit Policy as submitted.The
Stormwater Management and Flood Control Utility Credit Policy will
define potential credits or adjustments such as:for stormwater
improvements,undeveloped land with protected status,multiple
undeveloped parcels under single ownership,seniors,low income,
educational programs,and others.The Stormwater Management and
Flood Control Utility Credit Policy shall be available for inspection by
the public at the Department of Public Works and on the City website.
[Amended 12-4-2014]
B.The Department of Public Works is hereby authorized to grant credits to
property owners to be applied against the Stormwater and Flood
Control Utility fee based on the technical and procedural criteria set
forth in the Stormwater Management and Flood Control Utility Credit
Policy.
C.Any credit allowed against the Stormwater and Flood Control Utility fee
charge shall be conditioned on continuing compliance with the City's
design and performance standards as stated in the Stormwater
Management and Flood Control Utility Credit Policy and/or upon
continuing provision of the controls,systems,facilities,services,and
activities provided,operated,and maintained by the property owner or
owners upon which the credit is based.The Department of Public Works
may revoke a credit at any time for noncompliance with applicable
standards and criteria as established in the Stormwater Management
and Flood Control Utility Credit Policy or this chapter.
§280-9 NORTHAMPTON CODE §280-10
280:8
§280-11.Fee billing, delinquencies, collections, abatements.
D.In order to obtain a credit,the property owner must make application to
the City on forms provided by the Department of Public Works for such
purpose,the application to be fully completed in accordance with the
procedures outlined in the Stormwater Management and Flood Control
Utility Credit Policy.
E.When an application for a credit is deemed complete by the Department
of Public Works,the Director of Public Works shall have 30 days from
the date the complete application is accepted to either grant the credit
in whole,grant the credit in part,or deny the credit.Credits applied for
by the property owner and granted in whole or in part shall apply to all
Stormwater and Flood Control Utility fee charges in accordance with
the terms defined in the Stormwater Management and Flood Control
Utility Credit Policy.
A.Failure of the City to send a bill for Stormwater and Flood Control
Utility shall not relieve the property owner of record from the obligation
to pay for such utility.If a property is unbilled,or if no bill is sent for a
particular parcel of land,the City may back bill for the fees as
applicable for a period not to exceed one year of charges,but no late
fees or delinquency charges of any kind shall be charged or recovered
from any property owner so back billed.
B.Stormwater and Flood Control Utility bills shall be managed by the
Department of Public Works for collection.The Northampton Tax
Collector shall keep records of all paid and unpaid stormwater utility
bills and maintain financial records for the utility.
C.If a bill for Stormwater and Flood Control Utility bill is not paid in full by
the 30th day from the date the bill is mailed,interest at the rate of 14%
per annum shall accrue on any unpaid balance.Interest shall accrue
from the date of mailing of the bill.
D.At any time after interest begins to accrue on an unpaid account,the
Northampton City Collector may serve on the party assessed a
statement of the amount due,including interest,with a demand for
payment.A charge as set forth in Chapter 174,Fees,shall be made for
such demand.If the amount due remains unpaid 14 days after mailing
of said demand,the Northampton City Collector shall commit the
amount to the Board of Assessors for inclusion on the next annual
property tax bill.Upon inclusion of the unpaid amount on an annual
property tax bill,the amount due shall be a lien on the property,which
shall have priority over all other liens except municipal liens and
mortgages of record prior to the recording of a notice of lien.
[Amended 12-4-2014]
E.In the event that a property owner believes the Stormwater and Flood
Control Utility fee is improperly calculated or is otherwise incorrect,
the property owner may,within 30 days from the date of issuance of the
§280-10 STORMWATER AND FLOOD CONTROL §280-11
280:9
§280-12.Appeals; hearings.[Amended 12-4-2014]
Stormwater and Flood Control Utility bill,and after payment of the bill
in full,apply to the Department of Public Works for an abatement.The
application for abatement shall be supported by such information as
is necessary for a reasonable person to conclude that it is more likely
than not that the billing is in error.The Department of Public Works
shall have 60 days to consider the request for abatement and render a
written decision,which may deny the abatement,grant the abatement
in full or grant the abatement in part.
A.In the event that a property owner is aggrieved by a written decision
from the Department of Public Works denying an application for
abatement in whole or in part,or denying an application for a credit,in
whole or in part,the property owner shall have 30 days from the date of
the written decision to file an appeal to the Mayor.The appeal shall be
in writing and shall specify the grounds thereof.Upon the filing of the
notice of appeal with the Department of Public Works,the Department
shall forthwith transmit to the Mayor all documents constituting the
record upon which the particular decision was made.The Mayor shall
set a date for hearing which shall be within 90 days of the date of the
filing of the appeal,and notice thereof setting forth the place,date and
time of hearing shall be sent to the property owner no less than 10 days
prior to the hearing date.The Mayor shall render a written decision
within 10 days of the conclusion of the hearing affirming the action of
the Department or reversing the action.If reversing the denial of an
abatement,the decision shall specify the sum to be abated,which shall
not exceed the amounts paid.If reversing the denial of a credit,the
decision shall specify the credit to be applied prospectively against
future charges unless the property owner has paid the full amount of
the Stormwater and Flood Control Utility fee as charged and has also
requested an abatement.
B.In the event that a property owner fails to pay the Stormwater and
Flood Control Utility fee as charged and the City utilizes the process set
forth in MGL c.83,§§16A through 16F,to collect the unpaid charges,
the property owner shall have the right to seek an abatement by filing
an application for abatement with the Department of Public Works in
accordance with the remedy specified in MGL c.83,§16E,with a copy
delivered to the Board of Assessors.The application for abatement shall
conform to the requirements for a notice of appeal as set forth in
Subsection A,above,and the process for a hearing before the Mayor,
including the applicable time limits,shall be as set forth therein.In the
event that the Mayor denies the abatement,in whole or in part,it shall,
in its written decision,include a statement notifying the property owner
of the right to seek a review of the decision by the filing of an appeal
with the Appellate Tax Board of the Commonwealth of Massachusetts
within three months of the date of the decision of the Mayor.As the
right to Appellate Tax Board review under this Subsection B is derived
from applicable sections of the General Laws as contained in Chapters
§280-11 NORTHAMPTON CODE §280-12
280:10
§280-13.Annual reports.[Amended 12-4-2014]
The Department of Public Works will make an annual presentation to the
City Council providing information relating to the work and projects
financed by the Stormwater and Flood Control Utility in the previous year,
including,to the extent practicable,an account of expenditures from the
stormwater management and flood control account and projected future
expenditures.The Department will also present this information in a written
report accessible on the City website.
59 and 83 thereof;to the extent that the terms of this chapter conflict
with the terms specified therein,the terms specified in the General
Laws control.
§280-12 STORMWATER AND FLOOD CONTROL §280-13
280:11