Overview of Pennsylvania Stormwater Ordinances Bill Elmendorf, Ph.D. Associate Professor Extension Specialist Community

1. Overview of Pennsylvania Stormwater Ordinances Bill Elmendorf, Ph.D. Associate Professor Extension Specialist Community Forestry Penn State School of Forest Resources wfe1@psu.edu

2. What Do Stormwater Ordinances Do? Concentrate on managing 2 year, 24 hour rain events using structural and nonstructural BMPs- post- peak flows are equal to pre-development peak flow levels. Reduce impervious surfaces and earth disturbances to increase infiltration, filtration, and groundwater recharge. An emphasis on nonstructural/Low Impact Development BMPs- retention, infiltration, evaporation, transpiration, rather than detention.

3. What Do Stormwater Ordinances Do? Through high quality application information, consider innovate/site specific planning and design. Look at different types of landscaping; a new conception of beauty. Comprehensive, use both small and large systems- bioretention basins, rain gardens, turf management. Through Low Impact Development BMPs increase the preservation of trees, woodlots, riparian areas, steep slopes, and meadows.

4. What Do Stormwater Ordinances Do? “To control post-construction stormwater impacts from regulated earth disturbances activities, water quality requirements can be meet by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions. This may be achieved by the following: Infiltration: pre-construction infiltration conditions are continued. Treatment: the use of BMPs to assure filtering of chemical and physical pollutants. Streambank and Streambed Protection: Management of volume and rate of post-construction discharges.” Pennsylvania DEP Comprehensive Stormwater Management Policy, 2002

5. Typical Contents of Stormwater Ordinance Statement of Findings Stormwater is a threat to public health and safety. High cost of management. Threat to aquatic habitat and surface waters. Negative impact to recharge of ground water. Importance of state and federal laws: National Pollutant Discharge Elimination System (NPDES), Title. 25 PA Code: Environmental Protection Chapter 93: Water Quality Chapter 102: Erosion and Sedimentation Chapter 105: Dam Safety/Waterway Management. Purpose Promote public health, safety, and welfare. Meet legal water quality requirements (e.g., cold water fishery). Preserve natural drainage patterns and systems. Provide standards for stormwater planning and management. Provide standards to meet NPDES permit requirements.

6. Typical Contents of Stormwater Ordinance Statutory Authority Act of October 4, 1978, (Act 167) Stormwater Management Act. Act of July 31, 1968, (Act 247) Pennsylvania Municipalities Planning Code. Individual municipal codes- 1st Class Township Code? Comments Statutory authority may be impacted by implementation through approved Act 167 Storm Water Management Plan. In review of seven ordinances three different types were found including zoning, subdivision and land development ordinances (SALDO), and free-standing. Zoning and SALDO ordinance amendment seemed most common? Solicitor is best to advise which type to use. Typically all enforced as a civil procedure? What can each type of ordinance do?

7. Typical Contents of Stormwater Ordinance Statutory Authority Comments Continued Edward Bassett (1928) defined zoning as, “the regulation by districts under the police power of the height, bulk, and use of buildings, and the use of land, and the density of population.” Subdivision and Land Development (SALDO) provides standards and procedures for application, review, and design: required application materials, sequence for permit processing, required improvements/facilities such as stormwater, water, sewer, streets, fire, safety, and financial guarantees and maintenance bonds.

8. Typical Contents of Stormwater Ordinance Statutory Authority Comments Continued MPC Article 5, Section 503 (2) (i) the layout or arrangement of the subdivision or land development shall conform to the comprehensive plan and to any regulations or maps adopted in furtherance therefore. MPC Article 5, Section 503 (5) Provisions for encouraging and promoting flexibility, economy, and ingenuity in the layout and design of subdivisions and land developments, including provisions authorizing alterations in site requirements and for encouraging other practices which are in accordance with modern and evolving principles of site planning and development.

9. Comprehensive Plan

10. MPC Section 301. Preparation Of Comprehensive Plan The municipal, multimunicipal, or county comprehensive plan shall include these basic 10 elements: Statement of development objectives. Land use plan. Housing needs plan. Transportation plan. Communities facilities and utilities plan. Statement of consistency between plan elements. Discussion of plan implementation. Consideration of compatibility with contiguous municipalities and county. A plan for the protection of natural and historic resources. A plan for the reliable supply of water.

11. Typical Contents of Stormwater Ordinance Definitions Best Management Practice: Methods, measures, or practices used to prevent or reduce surface runoff and/or water pollution including, but not limited to, structural and nonstructural stormwater management practices and operations and maintenance procedures. Earth Disturbance Activity: A construction or other human activity which disturbs the surface of land including, but not limited to, clearing and grubbing, grading, excavation, embankments, land development, road maintenance, timber harvest activities, mineral extraction, stockpiling or storing of earth materials. Nonstructural Best Management Practices: Methods of controlling stormwater runoff quantity and quality, such as innovative site planning, impervious area and grading reduction, protection of natural depression areas, and temporary ponding on site,

12. Typical Contents of Stormwater Ordinance Applicability All regulated activities and all activities that may affect stormwater runoff, including land development or earth disturbance, are subject to regulation. Examples: land development, subdivisions, construction and reconstruction of new impervious or semi-pervious surfaces (i.e., driveways, parking lots), construction of new buildings or additions, and earth disturbance activities of greater than 5,000 square feet for development or redevelopment projects. Example from Radnor Township: 1) A project introducing 1,600 square feet of impervious cover, but only 4,900 square feet of earthmoving is regulated. 2) A project involving 5,100 square feet of earth moving, but resulting in 1,400 square feet of impervious surface is regulated, 3) A project resulting in 1,400 square feet of impervious cover and involving 4,900 square feet of earth moving is exempt from drainage plan.

13. Typical Contents of Stormwater Ordinance Exemptions Gardening for home consumption Agriculture in accordance with conservation plan, nutrition management plan, erosion and sedimentation plan Forestry operations in accordance with erosion and sedimentation plan. Road replacement, development, or redevelopment with less than 1,500 square feet of impervious surface or 5,000 square feet of earth disturbance. A project with less than 1,500 square feet of impervious surface and less than 5,000 square feet of earth disturbance is exempt from drainage/stormwater management plan.

14. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirements Overall stormwater management concept for project. Determination of site conditions including depth of bedrock, depth of groundwater, soil permeability tests, minimum setback distances for infiltration BMPs. Some ordinance plan requirements ask for more. Pre- and post-development stormwater runoff computations as specified by ordinance. Soil erosion and sedimentation plan, where applicable. Effect of project (in terms of runoff volumes and peak flows) on adjacent properties and any existing municipal stormwater collection systems. Plan and profile drawing of all stormwater BMPs. Drawing shall include hydraulic facility.

15. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirements: Water Quality and Rate Controls For all regulated activities water quality controls are required. For all regulated activates (equal or greater than 1000 square feet?) implementation of peak rate controls and preparation of a Storm Water Management Site Plan are required.

16. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirrements: Low Impact Development BMPs for Water Quality Minimize disturbances to floodplains, wetlands, natural slopes over 15% and existing vegetation. Preserve and maintain trees, woodlots, and riparian areas. Provide trees and woodlands. Minimize soil disturbance and compaction. Direct runoff to pervious areas. Locate streets and storm sewers away from valleys and swales. Protect natural depression storage areas.

17. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirements: Low Impact Development BMPs for Water Quality Minimize building footprints, sidewalks, driveways and other features. Route roof runoff over pervious surfaces. Grade sites to increase travel times of runoff. Use pervious paving materials. Provide pervious strips between streets and sidewalks. Reduce setbacks. Use cluster or conservation developments.

18. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirements: Water Quality and Rate Controls Retention and detention facilities shall be sized to capture the first 2 inches of rainfall. Emphasis on retention and nonstructural BMPs rather than detention. The first 1 inch of runoff shall be permanently removed and shall not be released into the surface waters. This is Permanently Removed Volume (PRV). Retention and detention facilities should be designed to drain PRV completely within 48 to 96 hours form start of storm. Retention facilities should be designed to accommodate infiltration of PRV. They should be spread out and located in sections of the site that are most suitable for infiltration.

19. Typical Contents of Stormwater Ordinance Stormwater Management Plan Requirements: Water Quality and Rate Controls Post-development discharge rates shall not exceed the pre- development discharge rates for a 2 year storm. For the 2 year storm, the post-development rates will follow the release rate maps in the approved Act 167 Stormwater Management Plan. Comment: Water quality and rate control provisions consider the capacity and design of the stormwater management system.

20. Typical Contents of Stormwater Ordinance Other Considerations Stormwater Plan review shall be completed within time allowed by Municipalities Planning Code for preliminary approval (30 + 90 days = 120 days max.) As built surveys, completion certificates, and final inspections by municipality of all BMPs are required. Responsibilities for continued maintenance of facilities are determined. Municipality may or may not accept ownership. By operation and maintenance agreement, owner is responsible for operation and maintenance.

21. Typical Contents of Stormwater Ordinance Other Considerations Reasonable fees and expenses can be charged to the applicant for administrative/clerical processing, review of stormwater management plan, attendance at meetings, inspection. Some discharges and connections may be prohibited or allowed by ordinance. Stormwater “hot spots” (areas of highly concentrated pollutants) may be identified and regulated.

22. Typical Contents of Stormwater Ordinance Enforcement, Penalties, Appeal Actions required for compliance and penalties should be clearly stated in ordinance. Municipality may enter at reasonable times for inspection of stormwater structures. Any permit or approval for regulated activity can be suspended for noncompliance or failure to implement, violation, creation of any condition that creates hazard, nuisance, or endangerment of life. Suspension can be reinstated upon correction of violation.

23. Typical Contents of Stormwater Ordinance Enforcement, Penalties, Appeal Time of appeal for permit/plan decision is 30 days to municipality and to Court of Common Pleas with 30 day’s of municipalities decision. Questions for your solicitor: 1) May permit be immediately suspended (stop-work-order) if there is immediate danger to life, public health, or property? 2) Is violation treated as civil offense or non-traffic summary offense? For civil procedure, what constitutes “each day of the violation.”

24. Lower Makefield, Bucks County Zoning Amendment Statement of findings includes discussion of the application of Low Impact Development BMPs and the protection of steep slopes and areas abutting wetlands and watercourses. The township determined that amendment of zoning ordinance to provide for Low Impact Development Standards is in best interest. Ordinance allows open space cluster development and reduced minimum lot areas. Zoning amendment requires open space preservation in residential-resource protection (51% of base site area), residential low-density (51%),residential medium density (51%), residential single-family high density (51%).

25. Lower Makefield, Bucks County Zoning Amendment Amendment allows for lot averaging if betters project design. Lot setbacks dependent on use and height reduced. Other ordinances depend on type of road frontage as well and allow setback averaging if aids in design. Requirements for natural resource protection to provide for a minimum wetland/watercourse buffer of 50 feet adjustable by existing slope- (increased 4 feet for each percentage of slope over 5 percent) added.

26. Lower Makefield, Bucks County Zoning Amendment Amendment added requirements to preserve steep slopes. Class 1 Steep Slope 8 to 15 percent- no more than 50 percent altered. Class 2 steep slope 15 to 25 percent- no more than 30 percent altered. Class 3 steep slope greater than 25%- no alterations or grading. Amendment added Conditional Use Procedure. Board of Supervisors may reduce steep slope protection standards up to an additional 10 percent provided that additional disturbances of slopes is offset by the preservation of woodlands. Amendment provided criteria for resource protection: floodplain (100% protection), floodplain soils (50%), lakes or ponds, wetlands, and watercourses (100%), slopes (50, 70, and 100%), woodlands (70%).

27. Lower Makefield, Bucks County SALDO Amendment Statement of findings includes discussion of Low Impact Development Standards and their ability to reduce total and effective impervious surfaces and protect natural resources. Their ability to significantly reduce or eliminate stormwater collection, storage, and treatment systems. Amendment provides guidelines for Low Impact Development BMPs to be used in subdivision and land development design.

28. Low Impact Development BMPS Minimize disturbances to floodplains, wetlands, natural slopes over 15% and existing vegetation. Preserve and maintain trees, woodlots, and riparian areas. Provide trees and woodlands. Minimize soil disturbance and compaction. Direct runoff to pervious areas. Locate streets and storm sewers away from valleys and swales. Protect natural depression storage areas.

29. Low Impact Development BMPS Minimize building footprints, sidewalks, driveways and other features. Route roof runoff over pervious survfaces. Grade sites to increase travel times of runoff. Use pervious paving materials. Provide pervious strips between streets and sidewalks. Reduce setbacks. Use cluster or conservation developments.

30. Lower Makefield, Bucks County SALDO Amendment SALDO amendment provides for provision and content of ERSAM Plan based on Existing Resource and Site Analysis Map which includes: existing soils, topography, slope areas, ridge lines and watershed boundaries, floodplain areas, vegetative cover conditions, streams and watercourses, wetlands, existing land uses, historic buildings and resources, recorded easements, existing buildings and roads, identification of any open space preservation areas from Township Open Space Plan, orientation of site to sun, trails commonly used on property, geologic formations, and aerial photos.

31. Lower Makefield, Bucks County SALDO Amendment Applicants are required to use a four-step design process to determine the most suitable areas for development based on ERSAM information: 1) Delineation of Areas Left Undisturbed Areas important for infiltration and recharge. Steep slopes, riparian areas, woodlands, etc. 2) Preparation of Resource Conservation Plan Limits of grading and disturbance. Areas to be preserved. Description of manner in which stormwater will be captured on site. Description how natural contours and vegetation will be respected. 3) Location of Structures and Alignment of Infrastructure Building areas identified. Street plan designed. Locations and methods of providing water, wastewater, and stormwater management. 4) Draw Lot Lines

32. Lower Makefield, Bucks County SALDO Amendment Requirements for the submission and approval of a Stormwater Management Plan are provided including: Using non-structural and structural BMPs to reduce stormwater runoff and increase groundwater recharge. Location of all surface and subsurface drainage facilities along with design information and calculations. All development will comply with requirements of the Pennsylvania DEP Stormwater Best Management Practices Manual.

33. Lower Makefield, Bucks County SALDO Amendment Submission and approval of Surface Runoff Control Plan (water quality and rate controls) is required. Sustain stream base flows and prevent increases in peak runoff rates. Concentration is on capturing 2 year 24 hour storm event. Use of low impact development BMPs is reinforced. To allow for infiltration BMPs, all major subdivisions will conduct subsurface investigations prior to completion of a development plan layout Conceptual model for stormwater management including: surface and subsurface drainage patterns, estimates of pre-development water recharge, and methods of retaining existing drainage and recharge patterns.

34. Lower Makefield, Bucks County SALDO Amendment Other Considerations of SALDO Provides standards for reducing street width dependent on type of street. Provides maximum street grades. Provides for planted island (bioretention basin) for cul-de-sacs. Discourages the use of curbs, provides for tree lawns. Allows for the construction of sidewalks with porous materials. Provides for bioretention areas, landscaping, and pervious paving in parking lots. Provides for consideration of the use of native plants.

35. Lower Makefield, Bucks County SALDO Amendment Other Considerations of SALDO Provides for the replacement of trees over 10 inches in caliper: 10 – 18 inches replace with 4 trees, 18 – 30 inches replace with 7 trees, and over 30 inches replace with 10 trees. On fully wooded lost trees can be planted off-site or township may accept a contribution to capital account for the planting of trees within the township. Provides open space standards such as accessibility, linkages/connections, usability of areas, and delineation of private and public properties.

36. Comments SALDO work together with zoning ordinance. Subdivision repeats or references zoning when restricts land use. Standards for natural resource conservation must be objective not subjective. Clear, distinct wording and instructions.

37. An Example Zoning ordinance may allow for smaller lot sizes (lot averaging and clustered density) and may say, “in agricultural or rural resource districts, subdivisions over ten acres will reserve 50% of the parcel as open space.” Subdivision Land Development Ordinance would require: Existing Resource and Site Analysis Map to be completed, open space be identified and protected using a six stage design process, and completion of a storm water management plan for development.

48. Ordinance Concerns Restrict simple maintenance of private trees. Unrealistic tree replacement criteria. How administered: zoning, SALDO ordinance, stand alone ordinance? Are there incentives for developers? Who enforces, inspects, and monitors? Maintenance of trees and open space after development.