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Environmental commission asks staff to draft resolution to study stormwater utility
Summary
At its Dec. 1 meeting, the Franklin Township Environmental Commission voted unanimously to ask a commissioner to draft a resolution encouraging the township to study creating a stormwater utility under the state's enabling law; commissioners cited Maplewood as a local model and discussed fees, credits, reporting requirements and administrative costs.
The Franklin Township Environmental Commission voted unanimously Dec. 1 to ask a commissioner to draft a resolution recommending the Township Council fund a feasibility study into creating a municipal stormwater utility under New Jersey law.
A committee member summarized the enabling statute and how a utility would work, saying the law (cited in the meeting as "NJC 40 a:26 b") enables municipalities, counties and sewerage authorities to establish stormwater management utilities that charge fees based on the amount of impervious surface a property generates. "Fees and other charges may be charged to and collected from the owner or occupant or both of any real property which originates stormwater runoff," the committee member said, adding that municipalities must make fee calculations fair and may offer credits for green infrastructure that exceeds required standards.
Commissioners discussed how dedicated fee revenue would be used. The presenter noted that Maplewood collected roughly $800,000 in its first year after establishing a utility and that state rules require each utility to pay either 5% of fees collected or $50,000 annually, whichever is less, into the state Clean Stormwater and Flood Reduction Act fund to support planning and implementation activities. The committee member outlined administrative duties: annual reporting to state agencies, credits and exemptions, handling unpaid fees (subject to liens and a stated interest charge), and technical staffing to respond to public credit requests.
Some commissioners raised implementation concerns. One said the township manager might resist because a dedicated utility reduces budget flexibility; another said a feasibility consultant would need to calculate an equivalent residential unit, classify impervious cover by land use, and project revenue and operating costs. Commissioners emphasized equity measures such as crediting properties that go beyond minimum green-infrastructure requirements.
After discussion, Committee member S3 moved, and the Chair seconded, a motion directing Commissioner Tara to draft a resolution encouraging the Township Council to consider a feasibility study for a stormwater utility. The motion passed by unanimous voice vote. The commission asked staff to circulate notes and resources used in the presentation and indicated the draft resolution would be reviewed by commission members before being forwarded to the council.
What happens next: Tara will prepare the draft resolution for the commission's review; commissioners expect the resolution to recommend a feasibility study that will detail proposed fee structures, credits, estimated revenue and estimated administrative needs. The commission did not adopt a utility or set any fee schedule at this meeting.
