Transcript County-Wide Act 167 Plan for Chester County, PA

County-Wide Act 167 Plan
 “County-wide Act 167 Stormwater Management
Plan for Chester County, PA” was prepared by:
 Chester County Water Resources Authority
 Chester County Planning Commission
 Chester County Conservation District
PA Act 167 – Stormwater
Management Planning Act
 1978
 Reduce flooding and stormwater impacts of future
development and redevelopment
 Mandates that counties prepare stormwater
management plans and minimum stormwater
standards
 Mandates that municipalities adopt the stormwater
management standards
 Applies to all municipalities and all land area within
Chester County
County-Wide Act 167 Plan
 Watersheds Plan
 Addendum to Watersheds
 Model Ordinance
 Matrix of Minimum Standards
 Christina Stormwater TMDL Plan Template
 Documentation of municipal and public involvement
and input
 Requirements for State Projects (PennDOT, Pa Tpk
Comm, etc.)
 Other updates – County flood mitigation programs, etc.
 Incorporates components of previously approved 167 Plans
Plan Prepared In Conjunction With:
 Watershed Plan Advisory Committee (WPAC)
 73 municipalities
 Home Builders Association
 Land Preservation Organizations
 Watershed Conservation Organizations
 Professional Engineers/Planner Committee
 Chester County Engineers Association
 Professional Environmental Planner
 Municipal Solicitor
Municipal/Public Input Process to Date
 Final Plan Preparation – began October 2011
 Five public/municipal review/comment cycles
 4,100 comments received and addressed
 Discussed at 25 meetings of public, municipal
representatives, stakeholders
 All comments were incorporated to the maximum
extent possible while complying with PADEP
minimum requirements
Adoption of Final Plan
 County-Wide Act 167 Plan was formally recommended
to the Chester County Board of Commissioners for
adoption by the following Boards:
 Chester County Planning Commission
 Chester County Conservation District
 Chester County Water Resources Authority
 Chester County Board of Commissioners adopted the
final Plan March 27, 2013
Minimum Required Standards
 Downgradient Properties - hydrologic change requires written
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permission
Natural Hydrology Site Design - required
Water Quality and Volume Control - no net increase in runoff of 2year storm
Infiltration - minimum 1” runoff from impervious surfaces must be
infiltrated
Stream Channel Protection - 2-year post peak rate reduced to 1-year
pre peak rate; attenuate 1-yr 24 hr runoff
Peak Rate Runoff Controls - 10-yr post to 2-yr pre; 5-yr post to 2-yr
pre; 100-yr post to 100-yr pre; 100% meadow for new development
Permanent Protection, O&M Plans and O&M Agreements required for EVERY BMP; must be recorded with Recorder of Deeds
Long-term Operation, Maintenance and Inspections - required
Minimum Applicability
 Regulated activity = any earth disturbance that alters
runoff
 >1,000 sq. ft. “proposed impervious” – full
ordinance applies (engineered plan and municipal
review required)
 option to increase to >2,000 sq. ft.
 <1,000 sq. ft. – prohibited from causing pollution or
altering runoff from property (no plan or municipal
review required)
 “Proposed Impervious” = new and replacement
Flexibility for Relaxed Controls
 Exempt Activities – agriculture, residential in-footprint
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replacement; municipal road shoulder improvements; etc.
Redevelopment – improvement of runoff control
required; less restrictive than new development
Small Projects – option to require “Simplified Method” for
projects up to 2,000 sq. ft. of proposed impervious
Agricultural Structures – option for up to 10,000 sq. ft.
building plus 5,000 sq. ft. vehicle movement area can be
designed through Conservation Plan process and exempt
from municipal review/approval
Peak Rate Controls – 5-year and 10-year control standard
can be based on either erosion control or flood control
Requirements for State Projects
 State financed projects must be consistent with the Act
167 Plan
 Pa Turnpike Commission – must comply with
municipal ordinances
 PennDOT –
 Not required to comply with municipal ordinances
 Agreed to inclusion of list of “priorities” for
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increased coordination with municipalities and
Improvements to existing local roadway drainage problems
Key Concerns Raised
 Some required standards are more restrictive than
current municipal standards.
 The minimum project size (threshold) for which
engineered plans/reviews are required is small.
 Increased municipal burden and costs for engineering
reviews, inspections and enforcement.
 Increased burden and costs to residential home owner or
other land owner.
 All stormwater control features must have O&M
agreements and easements for inspections/repairs
recorded with Office of Recorder of Deeds.
These concerns result from PADEP requirements;
Plan minimizes these impacts to maximum extent
possible, while meeting PADEP requirements.
County-Wide 167 Plan Benefits
 Provides minimum stormwater standards that are
 more practical, flexible and less restrictive than are
otherwise required by PADEP.
 less restrictive and more flexible than the standards
adopted by other counties.
 Provides one set of streamlined stormwater standards
that meet multiple state regulatory requirements.
 Increases opportunities for municipal involvement in
stormwater plan reviews for state transportation
projects.
 Provides consistent stormwater standards across all
municipalities and watersheds of Chester County.
Need for County-Wide Plan
 >250 locations of known flooding problems
 86% of County drains to:
 A stormwater-impaired (polluted) stream
 An Exceptional Value or High Quality water body
 A stream with stormwater quality regulations (TMDLs)
established for mandatory implementation
 84% of County within watersheds that are source waters for
public water supply
 58 of 73 municipalities regulated under MS4 program
 Assist municipalities in streamlining MS4, TMDL and Act
167 stormwater mandates
County-wide Act 167 Plan –
Next Steps – Municipal
Implementation
 Approved by PADEP – July 2, 2013
 3 Municipal Implementation Workshops
Were Held (August, September 2013)
 Municipal Ordinances must be Adopted
by January 2, 2014
 Notification of Adoption to be Submitted to
PADEP
For more information:
Chester County Water Resources Authority
610-344-5400
[email protected]
County-wide Act 167 Plan, Model
Ordinance, and Supporting Materials
are Available Online at:
Chesco.org/water