The Storm Water Fees were calculated using a GIS-based analysis that determined the amount of Impervious Surface area located on each property. This analysis was completed by the Milton DPW Geographic Information System (GIS). Data for this analysis was taken from the Milton DPW’s geo-spatial data library and the Milton Assessor’s Office. The following is a list of the data layers used:
Building Structures – included footprints, out buildings, decks, patios, and pools.
Transportation – paved and gravel parking lots and driveways.
Sports Features – basketball courts, tennis courts, running tracks.
The impervious area of properties located along private ways included a proportionate share of area of the private way, i.e., if the impervious area of the private way is 5,000 square feet and there are 10 properties located along the private way, then each property’s impervious area is increased by 500 sf (5,000 / 10).
Once all layers were merged the total area of impervious surface was then calculated for each property. The annual fee was then determined using the information contained in the table below.
Property types were determined using the land use code from the assessor’s database and the property type classification codes from the Massachusetts Department of Revenue.
In Fiscal Year 2017, residential fees were split into four tiers. For FY 2018, FY 2017’s Tier 4 was subdivided into tiers 4.1, 4.2, and 4.3.
Fee Calculation Table
|Impervious Charge||Annual SW fee|
|Single family||tier 1||0 - 2,075||$32.00||$32.00|
|tier 2||2,076 - 2,675||$44.00||$44.00|
|tier 3||2,676 - 4,225||$61.00||$61.00|
|tier 4.1||4,226 - 8,364||$110.00||$156.00|
|tier 4.2||8,365 - 15,894||$205.00||$205.00|
|tier 4.3||15,895 and greater||$468.00||$468.00|
|Other Residential||condos, multi family||$1.88 x 100 ft2||varies by area|
|office, retail, etc.||$1.88 x 100 ft2||varies by area|
|Tax Exempt||municipal, institutional||$1.88 x 100 ft2||varies by area|
The Stormwater Management Fee is due 60 days after the date of issue. In the event that a property owner fails to pay the Stormwater Management Fee as billed, the Town shall use the process set forth in M.G.L. Ch. 83 § 16A through 16F to collect the unpaid charges. Interest shall accrue on unpaid balances. The current Town of Milton interest rate is 14%. Balances that remain unpaid for an extended period of time may be subject to a real estate lien being applied to the property.
Section V of the Regulations provide for an appeal process. A property owner may formally question (appeal) how the impervious area was calculated for their property. Any questions relative to the imposition of the stormwater fee, or what the method used in determining the fee are not eligible for consideration under any appeal. Appeals must be filed within 30 days of the date of billing. The Town must render its decision on appeal within 60 days of receipt of the written appeal request. In order for an appeal to be properly filed, the stormwater fee must be paid in full.
In the event that an appeal is denied under Section V of the regulations, the property owner shall have the right to seek an abatement by filing an application for abatement with the Director of Public Works in accordance with the remedy specified in M.G.L. Ch. 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 Section V of the Regulations.