[Added 4-6-2022 by Bylaw Amendment 22-876[1]]
[1]
Editor's Note: This bylaw also repealed former Art. V, Stormwater
Utility, adopted 1-8-2020 by Bylaw Amendment 19-846.
A.
Title.
This bylaw shall be known as the "Stormwater Utility Bylaw of the
Town of Franklin, Massachusetts," hereinafter referred to as the "bylaw."
B.
Responsibility
for administration. The Town Administrator or his/her designee shall
administer this bylaw; the Town Administrator may delegate any powers
granted to or duties imposed upon the Town Administrator to the Director
of Public Works.
C.
Purpose.
The stormwater management program of the Town shall be funded by revenue
collected through the stormwater utility fee and such other revenue
as may, from time to time, be appropriated. The stormwater management
program is designed to collect and treat stormwater to promote the
health and safety of the public, to protect property from flooding
and the damage caused by stormwater runoff, to protect and manage
water quality by controlling the level of pollutants in stormwater
runoff, and to comply with federal and state stormwater management
mandates and permits.
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution (the Home Rule Amendment), MGL c. 83, § 16, and such other powers as are granted to cities and towns in the said General Laws.
The following words, terms and phrases, when used in this bylaw,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A reduction in the amount of a stormwater utility fee charged
to the owner of a property where that property owner owns, maintains
and operates on-site or off-site stormwater management systems or
facilities, or provides services or activities that reduce or mitigate
the Town's cost of providing stormwater management services, in accordance
with the Town's approved credit policy.
A parcel of land, as designated by the Assessor or other
local jurisdictional authority, that can be altered from its natural
state to include impervious surface area.
Property altered from its natural state by construction or
installation of greater than or equal to 200 square feet of impervious
surfaces.
Natural and man-made channels, swales, ditches, swamps, rivers,
streams, creeks, wetlands, branches, reservoirs, ponds, drainageways,
inlets, catch basins, gutters, pipes, culverts, bridges, head walls,
storm sewers, lakes, and other physical works, properties, and improvements
that transfer, control, convey or otherwise influence the movement
of stormwater runoff.
The General Laws of the Commonwealth of Massachusetts.
Includes any material or structure on or above the ground
that prevents precipitation from effectively infiltrating the underlying
soil. Impervious surfaces include, without limitation, roads, paved
or gravel parking lots, rooftops, buildings or structures, sidewalks,
driveways, and other surfaces which prevent or impede the natural
infiltration of stormwater runoff which existed prior to development.
Surface water that results from precipitation and that travels
over natural or developed land surfaces to discharge into a drainage
system or surface water body. Stormwater includes stormwater runoff,
snow melt runoff, and surface water runoff and drainage.
All services provided by the Town which relate to the:
Transfer, control, conveyance or movement of stormwater runoff
through the Town;
Maintenance, repair and replacement of stormwater management
systems and facilities owned, controlled, or maintained by the Town;
Planning, development, design and construction of additional
stormwater management systems and facilities to meet current and anticipated
needs;
Regulation, oversight, and enforcement of the use of stormwater
management services, systems and facilities;
Compliance with applicable state and federal stormwater management
regulations and permit requirements, including, but not limited to,
public education and outreach. Stormwater management services may
address the quality of stormwater runoff as well as the quantity thereof.
Those natural and man-made channels, swales, ditches, rivers,
streams, creeks, branches, reservoirs, ponds, drainageways, inlets,
catch basins, pipes, headwalls, storm sewers, outfalls and other physical
works, properties and improvements which transfer, control, convey,
detain, retain, treat or otherwise influence the movement of stormwater
runoff.
The periodic user fee that may be imposed pursuant to this
bylaw by the Town of Franklin which will be dedicated to the provision
of public stormwater management services. The stormwater utility fee
billing rate structure shall consist of a uniform flat rate based
on the total number of billing units per property, an individual billing
unit equalling 1,000 square feet of impervious surface.
All land that is not altered from its natural state to an
extent that results in greater than 200 square feet of impervious
surface area.
A.
Pursuant
to MGL c. 83, § 16, the Town may establish a charge for
the use of the stormwater management services of the Town to be known
as the "stormwater utility fee." Stormwater charges shall be established
such that they will provide sufficient funds, proportionately calculated
and assessed, to construct, operate, maintain, and regulate the stormwater
management systems and facilities in the Town of Franklin.
B.
The Franklin Town Council (the Council) shall establish reasonable rates to defray the cost of administering and implementing the stormwater management program of the Town. The initial rates, and any later modifications, shall be based upon recommendation of staff and shall be set by the adoption of a Stormwater Fee Schedule by vote of the Council, to be included by amendment in the Code of the Town of Franklin Chapter 82, Fees, Municipal Service.
C.
The Council
(or their designee) shall establish a dedicated Stormwater Enterprise
Fund in the Town budget and an accounting system to manage all funds
collected for the purposes and responsibilities of the stormwater
program. All revenues and receipts of the stormwater utility shall
be placed in the Stormwater Enterprise Fund, which shall be separate
from all other funds, and only expenses of the stormwater program
shall be paid by the fund as provided in MGL c. 44, § 53F 1/2.
D.
Expenditure of funds may consider both stormwater quality and quantity management needs and can be used as described in § 153-34.
E.
The stormwater
utility fee is to be assessed to each developed parcel in Town whether
the property is occupied or not. The fee shall be calculated on an
annual basis and billed to the record title owner of the property.
A.
The Town
owns or otherwise has rights which allow it to operate, maintain,
improve and access those stormwater management 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 Town of Franklin, or 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 Town and/or land of another governmental
entity upon which the Town has agreements providing for the operation,
maintenance, improvement and access to the stormwater management systems
and facilities located thereon.
B.
Operation,
maintenance and/or improvement of stormwater management systems and
facilities which are located on private or public property not owned
by the Town, and for which the Town 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.
Receipts from the stormwater utility fee, to the extent consistent
with MGL c. 44, § 53F 1/2, shall be used for the following
purposes:
A.
The acquisition
by gift, purchase or condemnation of real and personal property, and
interests therein, necessary to construct, operate, and maintain stormwater
management systems and facilities;
B.
All costs
of administration and implementation of the stormwater management
program, including the cost of labor and equipment attributable to
the stormwater management program and the establishment of reasonable
operating and capital reserves to meet unanticipated or emergency
stormwater management requirements;
C.
Payment
on principal and interest on debt obligations;
D.
Engineering
and design, debt service and related financing expenses, construction
costs for new facilities (including costs for contracted services)
and enlargement or improvement or existing facilities;
E.
Operation
and maintenance of the stormwater system, including catch basin cleaning,
ditch maintenance, street sweeping, pipe repairs, and stormwater facility
repairs;
F.
Capital
investments including stormwater best management practices (BMPs)
and components (e.g., purchase of plants, soils, and other amenities
to support stormwater management alternatives utilizing vegetation);
G.
Illicit
discharge detection and elimination;
H.
Monitoring,
surveillance, and inspection of stormwater control devices;
I.
Water
quality monitoring and water quality programs;
J.
Retrofitting
developed areas for pollution control;
K.
Inspection
and enforcement activities;
L.
Billing
and related administrative costs; and
M.
Other
activities which are reasonably necessary, including costs related
to regulatory compliance and legal fees.
A.
The Town
of Franklin finds that all developed property in the Town contributes
to runoff and the owners thereof either use or benefit from the maintenance
of the stormwater system. Therefore, except as provided in this section
or otherwise provided by law, no developed public or private property
located in the Town of Franklin shall be exempt from the stormwater utility
fee charges. No exception, credit, offset, or other reduction in stormwater
utility fee charges shall be granted based on age, tax status, economic
status, race, religion or other condition unrelated to the cost of
providing stormwater management services and facilities with the exception
of those residents that apply for and qualify for the Community Assistance
Program.
B.
The Town
establishes exemptions to the stormwater utility fee as follows:
(1)
Undeveloped
land.
(2)
Public
streets, highways and rights-of-way. However, maintenance buildings
and/or other developed property used for road maintenance purposes
shall not be exempt from stormwater utility fee charges. All other
state, federal, and county properties shall be subject to the user
fee charges on the same basis as private properties.
(3)
Railroad
rights-of-way (tracks). However, railroad stations, maintenance buildings,
and/or other developed property used for railroad purposes shall not
be exempt from stormwater utility fee charges.
A.
The Director
of Public Works is hereby authorized to grant credits to property
owners to be applied against the stormwater utility fee based on the
technical and procedural criteria set forth in the Stormwater Utility
Credit Manual (Credit Manual) to be developed, maintained and, from
time to time, amended by the Department of Public Works (DPW). The
Credit Manual shall be implemented during the first year of the stormwater
utility and shall be available for inspection by the public at the
Department of Public Works.
B.
The percentages
for credits shall reflect the extent to which the subject properties
reduce the peak rate of runoff from the property, or avoid other costs
incurred by the stormwater management program in the delivery of services.
The maximum possible credit for properties shall be detailed in the
Credit Manual (to be developed by the Department of Public Works).
C.
Any credit
allowed against the stormwater utility fee is conditioned on continuing
compliance with the Town's design and performance standards as stated
in the Credit Manual 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 Town may revoke a credit at any time for noncompliance
with applicable standards and criteria as established in the Credit
Manual or this bylaw.
D.
In order
to obtain a credit, the property owner must make application to the
Town on forms provided by the Director of Public Works for such purpose.
The forms are to be fully completed in accordance with the procedures
outlined in the Credit Manual.
E.
When an
application for a credit is deemed complete by the DPW, the Town shall
have adequate time 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 utility fees in
accordance with the terms defined in the Credit Manual.
A.
Failure
to receive a stormwater utility bill will not be justification for
nonpayment. The property owner, as identified from public land records
of the Town of Franklin, shall be obligated to pay the appropriate
stormwater utility fee for that property. If a property is unbilled,
or if no bill is sent for a particular parcel of developed land, the
Town may back bill for the fees as applicable for a period not to
exceed two years 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
utility bills shall be committed to the Treasurer/Collector for collection.
In any case of nonpayment of a stormwater utility bill for 60 days
after the same is due, the Treasurer/Collector shall send a notice
to the delinquent property owner and apply appropriate interest and
late charges to the fees, as previously approved by the Treasurer.
C.
In accordance
with MGL c. 83, §§ 16A through 16F, charges for the
stormwater utility fee, together with interest thereon and costs relative
thereto, shall be a lien upon the real estate for which the charge
was billed. Such lien shall take effect by operation of law on the
day immediately following the due date of such charge and, unless
dissolved by payment or abatement, shall continue until such charge
has been added to or committed as a tax in accordance with the requirements
of MGL c. 83, § 16C, and thereafter, unless so dissolved,
shall continue as provided in MGL c. 60, § 37.
D.
In addition
to the method of collection specified in MGL c. 83, §§ 16A
through 16F, the overdue charge may be collected through any other
lawful means.
E.
In the
event that a property owner believes the stormwater utility fee is
improperly calculated or is otherwise incorrect, the property owner
may, within 30 days from the date of issuance of the stormwater utility
bill, and after payment of the bill in full, apply to the Director
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. DPW 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.
In the event that a property owner is aggrieved by a written
decision from the Director 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 60 days
from the date of the written decision to seek a review of the decision
by the filing of an appeal with the Appellate Tax Board of the Commonwealth
of Massachusetts The appeal shall be in writing and shall specify
the grounds thereof. Upon the filing of the notice of appeal, the
DPW shall make available all documents constituting the record upon
which the original decision was made.
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
