Essex Junction Council sets April 23 public hearing on Chapter 21 stormwater utility; approves credit framework

Essex Junction — The Essex Junction City Council voted April 9 to warn a public hearing on April 23 to consider changes to Municipal Ordinance Chapter 21 and the Stormwater User Fee Credit Manual that would formally establish a stormwater utility for the city.

The council’s action follows staff presentations explaining the city’s obligations under the federal Clean Water Act permit program for Municipal Separate Storm Sewer Systems (MS4) and the Lake Champlain Total Maximum Daily Load (TMDL) limits on phosphorus. Staff said the utility will use impervious area to assign equivalent residential units (ERUs); the consultant-derived median impervious area used as one ERU is 2,823 square feet.

City staff member Chelsea Vanigo summarized the ordinance and credit manual during the April 9 public hearing. “The reason why we’re having this hearing again is because since the hearing in… December 2024 the exemption list of who is not part of the utility has been revised. So, this is now being revised to include GlobalFoundries,” Vanigo said. Vanigo told councilors the credit manual will allow non-single-family properties to apply for credits up to 50% of a parcel’s bill, but that a minimum charge of one ERU will apply.

Why it matters: The city must reduce stormwater runoff and phosphorus loads to meet MS4 permit requirements and Lake Champlain TMDL targets. Vanigo said city infrastructure includes aging corrugated metal pipes and two locally impaired streams, Indian Brook and Sunderland Brook, that have been the focus of past projects.

Key details and council guidance - ERU definition: Staff reported the median parcel impervious area of 2,823 sq. ft. will be used as one ERU; single‑family parcels (1–3 units) are assigned one ERU. Non‑single‑family parcels will be charged based on measured impervious area divided by the ERU value. - Credits: The credit manual allows performance‑based credits tied to the Vermont Stormwater Management Manual. Vanigo described a credit application and a recertification process. The council directed staff to include a 10% baseline credit recognizing large properties that already must meet other permit requirements (for example, three‑acre permits or industrial permits). The council also asked staff to add a combined‑sewer treatment credit to address the particular circumstances of GlobalFoundries, which treats a portion of its stormwater through its wastewater treatment system.

Councilor and public comment Tim Shea, executive director of the Champlain Valley Exposition, urged the council to continue refining credits for large nonprofit venues. “We’re the proud owner of 33 acres of impervious surface… to meet state requirements we need to expand our stormwater retention efforts which we’ll be doing this summer at a minimum cost of a half million dollars,” Shea said. He added the property was measured at 484 ERUs and estimated an annual fee (illustrative) of $35,000 at a $72 per ERU rate, a cost he said would significantly affect programming if not mitigated by credits.

Implementation timeline and next steps Staff told councilors the ERU rate itself will be set during the city’s enterprise budget process in May and June, and the first stormwater utility bills are planned to appear on utility bills in October. Vanigo said the council and planning commission will hold a joint meeting May 1 to present a project report and begin public engagement on related projects. Councilors approved asking for another public hearing (warned for 04/23/2025 at 6:30 p.m.) so the ordinance language can be modified to remove enumerated credit categories and instead reference the credit manual (which can be updated administratively).

Action taken The council voted to warn a public hearing on April 23, 2025, to receive comment on the proposed revisions to Chapter 21 and the stormwater credit manual as amended. The motion passed by voice vote; the transcript records unanimous assent (individual roll‑call counts were not specified in the record).

What remains undecided Staff will return with the ERU rate, a final credit manual text (including the precise terms of the 10% baseline credit and the GlobalFoundries combined‑sewer treatment credit), and an updated Chapter 21 ordinance for final council action after the warned hearing. The council also directed staff to phase capital funding (removing $125,000 of capital in year one) to lower initial rates.

Ending: The April 23 public hearing will allow residents and property owners to offer comment before councilors adopt the ordinance and formal billing begins later this year.