Essex Junction adopts Chapter 21 stormwater utility and approves credit manual
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Summary
At its April 23 meeting, the Essex Junction City Council unanimously adopted Ordinance Chapter 21 to establish a stormwater utility and approved a companion credit manual; the council set a schedule for credit applications, a June rate-setting vote and first bills in October.
The Essex Junction City Council on April 23 adopted Ordinance Chapter 21 establishing a stormwater utility and approved a stormwater user-fee credit manual, voting unanimously to move the new program forward.
The action creates a structure for a property-based stormwater fee measured in equivalent residential units (ERUs). Chelsea Mandigo, the city’s water quality superintendent, told the council the example rate used in the materials is $54.32 per ERU for a single-family residential property and that non–single-family properties would pay the ERU rate multiplied by their assigned number of ERUs.
The credit manual sets rules allowing certain non–single-family properties to apply for reductions on their assessed stormwater fee. Mandigo said credits are applied only after a parcel owner submits an application; non–single-family properties may receive up to a 50% credit and must pay at least one ERU’s fee for the fiscal year. Mandigo also described several credit categories included in the manual: a 10% recognition for properties with federal or state stormwater permits (NPDES/MS4/TS4), a capped 35% allowance tied to state-set MS4/TS4 rules, an education credit for qualifying school programs, and a combined-sewer credit targeted at large parcels (named in the presentation as GlobalFoundries) calculated by the portion of impervious area treated through wastewater treatment divided by total impervious area.
Mandigo said credits will require annual recertification and that staff may perform periodic inspections to confirm continued eligibility. She also said the ordinance text was edited to remove a fixed list of credit categories so the city can update the credit manual without repeating an ordinance-level public hearing.
If approved tonight, staff will send credit-application forms to non–single-family parcels with roughly one month to apply so those credits can be applied to the first year of bills. The council will set the final ERU rate during its June 11 meeting as part of the enterprise fund budget process. Mandigo said the first billing cycle is scheduled for October of this year. The fiscal calculation used to estimate the ERU rate did not include a $125,000 capital transfer (which staff plans to add back in next year) and assumed a 10% allowance for noncollection; the council was told adding that capital transfer later will raise the ERU rate.
Council members debated whether removing specific credit categories from the ordinance—thereby allowing administrative changes to the credit manual—reduces opportunities for public comment on future changes. One councilor said flexibility is needed because state stormwater permitting is still evolving; others said any significant or adverse change to credit caps would prompt targeted outreach or return to the council for a public hearing or discussion. Mandigo said she does not expect abrupt reductions to credit caps and that staff could run more extensive engagement when changes would have a material impact on property owners.
After discussion, the council made and seconded a motion to adopt the ordinance and approve the credit manual. The motion passed unanimously.
The council directed staff to begin outreach to potential credit applicants and to present the final ERU rate at the June 11 meeting so rates and billing can proceed on schedule.
