Fountain Hill Stormwater Authority Stormwater Management ...

[Pages:36]Fountain Hill Stormwater Authority Stormwater Management Program Credit Policies and Procedures Manual

Introduction.

The Fountain Hill Stormwater Authority has enacted Resolution No. 19-2 (the "Resolution") which establishes an annual Stormwater Utility Fee (the "fee") to provide a dedicated funding source to support the Authority's Stormwater Management Program for the operation, maintenance, repair, and replacement of the Authority's Stormwater Management System. The charging of the fee is also necessary to enable the Authority to comply with its regulatory permit requirements, including the activities necessary to carry out the Borough's Municipal Separate Storm Sewer System (MS4) permit and the stormwater-related provisions of the Subdivision and Land Development Ordinance, the Floodplain Ordinance, and the Stormwater Management Ordinance.

Each developed Property within the Borough is subject to the fee requirements, with the total annual fee amount being directly proportional to the total Impervious Area of the Property less approved credit for applicable stormwater Best Management Practices ("BMPs") approved by the Authority in accordance with this manual.

Objective.

The Authority has developed this manual to provide guidance for Property Owners on how to potentially obtain a reduction ("credit") to their annual Stormwater Utility Fee by installing specific stormwater BMPs on their Property to offset the associated implementation and maintenance costs. The Authority encourages this credit option as a way to incentivize a Property Owner to implement stormwater BMPs on their Property that will mitigate the stormwater runoff volume, peak discharge, or associated pollution leaving their Property. By implementing such BMPs, Property Owners are helping to reduce the demand and associated operational costs on the Authority's existing Stormwater Management System as well as assist the Borough in obtaining and maintaining regulatory permit compliance.

Definitions.

As used hereinafter, the following words and terms shall have the following meaning:

"Authority" (or "Stormwater Municipal Authority" ? Fountain Hill Stormwater Authority, a municipal authority with offices at Borough Hall, 941 Long Street, Fountain Hill, Pennsylvania 18015.

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"Best Management Practices" ("BMPs") ? See, definition of Stormwater Best Management Practices.

"Board of Appeals" - The Fountain Hill Stormwater Authority Board of Appeals created and acting in accordance with the terms hereof.

"Borough" ? Borough of Fountain Hill, Lehigh County, Pennsylvania.

"Design Manual" - The 2006 Pennsylvania Stormwater Best Management Practices Manual, as revised from time to time, which serves as the official guide for Stormwater Management principles, methods, and practices in Pennsylvania.

"Developed" ? Property where man-made changes have been made which add impervious surfaces to the property, changes may include, but are not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or the storage of equipment or materials.

"Development" - A project that consists of subdividing land or adding buildings and other improvements to individual parcels of land.

"Drainage Area" - That land area contributing runoff to a single point, measured in a horizontal plane.

"Green Infrastructure" ? Small-scale Stormwater Management Practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of development on water resources. Methods to design Green Infrastructure practices are specified in the 2006 Pennsylvania Stormwater Best Management Practices Manual (See, definition for Design Manual).

"Impervious Area" ? Any surface that prevents or limits the Infiltration of water into the ground. Any structure, building, parking area, driveway, road, street, sidewalk, patio, deck, and any area of concrete, asphalt, pavement, compacted gravel, packed stone, stone, brick, tile, swimming pool, or artificial turf, and highly compacted soil shall be considered "Impervious Area," if Infiltration is limited or prevented. "Impervious Area" also includes any area used by or for motor vehicles or heavy commercial equipment, regardless of surface type or material, including any road, road shoulder, driveway, or parking area, if Infiltration is limited or prevented.

"Infiltration" ? The passage or movement of water into the soil surface, at a rate sufficient to mitigate the Stormwater Runoff volume produced by up to a one-inch storm event.

"NPDES" ? National Pollutant Discharge Elimination System, the Federal government's system for issuance of permits under the Clean Water Act, which is delegated to PADEP in Pennsylvania.

"PADEP" ? Pennsylvania Department of Environmental Protection.

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"Property" ? Each and every parcel of real estate located within the Borough.

"Property Manager" ? A person, company or other entity hired by a Property Owner to manage a Property.

"Property Owner" ? The owner of record for a Property within the Borough, as registered in the Borough or County database.

"Stormwater Best Management Practices"? Activities, facilities, designs, measures, or procedures used to manage stormwater quantity and quality impacts. Examples include infiltration devices, filtering devices, stormwater ponds, stormwater constructed wetlands, hydrodynamic structures, or other measures specifically designed and constructed to control Stormwater Runoff, reduce accelerated stream channel erosion, and reduce pollution of surface waters.

"Stormwater" ? See, definition of Stormwater Runoff.

"Stormwater Runoff" ? Drainage from the surface of land resulting from precipitation or snow/ice melt.

"Stormwater Management Best Management Practice" ? See, definition of Stormwater Best Management Practices.

"Stormwater Management Program" ? The activities of the Authority necessary to operate, maintain, enhance, and expand the Stormwater Management System and the activities necessary to carry out the Borough's Municipal Separate Storm Sewer System (MS4) permit and the stormwater-related provisions of the Subdivision and Land Development Ordinance, the Floodplain Ordinance, and the Stormwater Management Ordinance.

"Stormwater Management System" ? The system of stormwater runoff collection, conveyance, and treatment, including storm sewers, pipes, conduits, mains, inlets, culverts, catch basins, gutters, ditches, swales, channels, stormwater ponds (detention, retention, and infiltration), streets, curbs, drains, and all devices, appliances, and stormwater management practices and facilities used for collecting, conducting, pumping, conveying, detaining, retaining, reusing, infiltrating, reducing, managing, and treating stormwater.

"Stormwater Utility Fee" ? A fee imposed by the Authority to cover the cost of constructing, operating, and maintaining stormwater management facilities and to fund expenses related to the Borough's compliance with PADEP NPDES permit requirements under applicable state law based on the impact of stormwater runoff from impervious areas of Developed land in the Borough.

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"Undeveloped Land" ? Any parcel of land that has not been altered from its natural state and which contains no impervious surfaces, or, if previously Developed, land that has been allowed to return to its natural state with no impervious surfaces or soil compaction which prevents or impedes stormwater infiltration.

Credits Available to Property Owners.

Stormwater Utility Fee credits are available to all properties that implement qualifying BMPs which eliminate Stormwater Runoff from Developed portions of their Property for all storms up to and including a one-inch storm, by providing Infiltration into soils (where soils are appropriate for Infiltration practices) or delayed discharge of clean water to receiving waters after the storm event has ended and receiving waters have returned to baseflow conditions.

Credits will be considered on a case-by-case basis for qualifying BMPs, as listed below in Table 1 and/or as listed in the most current version of the Pennsylvania Stormwater Best Management Practices Manual, subject to review and approval by the Authority.

Credit Approval.

A Stormwater Utility Fee credit to a Property Owner may be issued, as specified in this manual, only if the Property contains a qualifying and approved Stormwater BMP(s) that is properly maintained by the Property Owner in accordance with the requirements established and approved by the Authority, and as agreed upon by the Property Owner.

No Stormwater Utility Fee credit shall be authorized without a written decision of the Authority as to the Stormwater BMP(s) eligibility. If granted, the credit shall be applied to the Property Owner's Stormwater Utility Fee for the following billing cycle, in accordance with Resolution No. 19-2. Final approval of all Stormwater Utility Fee credits will be at the discretion of the Authority.

Eligible Credit Allowance.

Credit Categories, with associated Maximum Credit percentages, Tier Ratings (level of complexity), and list of qualifying BMPs, are provided below in Table 1 ? Stormwater Best Management Practices Information. Credit may be available for all qualifying BMPs which have been implemented, constructed/reconstructed, properly maintained in working condition, and in a manner consistent with the design criteria set forth in the Pennsylvania Stormwater Best Management Practices Manual (PADEP Document No. 363-0300-002, as amended or supplemented), this Resolution, and all applicable Borough Codes and Regulations.

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Table 1 ? Stormwater Best Management Practices Information

Credit Category Peak Runoff Rate (Flood) Controls

Runoff Volume Controls/Green Infrastructure

Water Quality Treatment

Non-Structural Controls NPDES Industrial Stormwater Permitted Sites

Maximum Credit Applied to Annual Stormwater Utility Fee

Maximum Credit* 25%

50%

25% 15% 15% 50%

Tier Rating

2 2 2 2

1 1 1 1 2 2 2 2 2 2 2

2 2 2 2 2 2

1 1 2

Stormwater Best Management Practices (BMPs)

Constructed Wetland Wet Pond / Retention Basin Dry Extended Detention Basin Special Detention Areas (parking lots/roof)

Pervious Pavement with Infiltration Bed Rain Garden / Bioretention Runoff Capture & Reuse ? Rain Barrel** Dry Well / Seepage Pit Green Roof Infiltration Trench / Tree Infiltration Trench Infiltration Basin Subsurface Infiltration Bed Infiltration Berm & Retentive Grading Impervious Area Removal with Soil Restoration and Vegetation Deep Stormwater Injection Well

Constructed Wetland Constructed Filter Vegetated Swale Vegetated Filter Strip Proprietary Water Quality Filters & Hydrodynamic Devices Tree Trench with Soil Restoration or Amendment

Tree Canopy Cover Downspout Disconnection Facilities with an active, fully-compliant NPDES Permit from PADEP

* Actual credit applied is based on percentage of Impervious Area being treated by each qualifying Best Management Practice (BMP).

** Rain Barrels ? Standard size rain barrels range from 45 to 55 gallons. A maximum of four (4) 55-gallon barrels per acre are allowable, with maximum treatment area of 100 square feet per rain barrel, and must fully and automatically drain within five (5) days and have a minimum discharge infiltration area of 20 square feet, or 5:1 minimum loading ratio, on the Property, per rain barrel. A credit of $2 per standard size rain barrel shall be applied to the total annual Stormwater Utility Fee. Alternative size rain barrels must meet the same standards, with credit adjusted for actual treatment volume, based on a rate of $2 for treatment of 45 gallons of stormwater runoff.

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Common Stormwater BMPs and Eligible Stormwater Utility Fee Credit.

To be eligible for a fee credit, a Property Owner must treat Impervious Area with qualifying BMPs, as listed above in Table 1. The Tier Ratings indicate general complexity and type of information needed by the Authority to review and approve any fee credit. Tier 1 Stormwater BMPs are relatively simple to design, install, and maintain and are commonly used to treat smaller drainage areas (rooftops, driveways, etc.) on smaller properties. Tier 1 Stormwater BMPs may be approved for use by the Authority without detailed formal engineering review. Tier 2 Stormwater BMPs are more complicated and are generally used to treat larger drainage areas and as such require formal engineering review to ensure adequacy.

Note: All Stormwater BMPs used for Stormwater Utility Fee credit must be properly maintained and be fully functional at all times to maintain eligibility.

Tier 1 Stormwater BMPs include:

1. Pervious Pavement with Infiltration Bed 2. Rain Garden / Bioretention 3. Runoff Capture & Reuse ? Rain Barrel 4. Dry Well / Seepage Pit 5. Tree Canopy Cover 6. Downspout Disconnection

See Appendix A for additional design information for the Tier 1 Stormwater BMPs listed above and Appendix B for examples of Stormwater Utility Fee credit calculations.

Tier 2 Stormwater BMPs listed in Table 1 are the most commonly used BMPs for treatment of larger drainage areas and are consistent with those included in the Pennsylvania Stormwater Best Management Practices Manual (PADEP Document No. 363-0300-002, as amended or supplemented). Property Owners who have installed or plan to install Tier 2 Stormwater BMPs will need to provide the Authority with a detailed site analysis and engineering design with their Stormwater Utility Fee Credit Application Form to allow for proper review and approval by the Authority.

See Credit Applications section, below, for additional information about the required supplemental information for use of Tier 1 and 2 Stormwater BMPs.

Maximum Credit.

The maximum Stormwater Utility Fee credit for any individual Property is fifty percent (50%) of the calculated Stormwater Utility Fee determined for the entire Property, in accordance with Section 303 of the Resolution regardless of additional credit that may be calculated for additional BMPs on the same Property. The total credit approved shall be rounded to the nearest whole percent.

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The credit must be limited due to the need of the Borough to fund the overall Stormwater Management Program, construct public facilities, as well as maintain, repair and/or rehabilitate publicly owned Stormwater BMPs. Even if a Property Owner manages the entirety of his/her/its Stormwater Runoff on their Property, the Borough still has obligations under the MS4 permit to maintain its entire Stormwater Management System to protect the health and safety of the public.

Credit Applications.

For approval (includes new, renewal, and/or change of ownership) of a Stormwater Utility Fee credit by the Authority, the Property Owner must submit a completed Stormwater Utility Fee Credit Application Form (see Appendix C) including any required supplemental materials based on Tier Ratings for Stormwater BMPs.

New credit applications may be submitted to the Authority at any time via the Stormwater Utility Fee Credit Application. Upon receipt of a Stormwater Utility Fee Credit Application, an initial determination of the application's completeness will be made within fifteen (15) days of receipt by a representative of the Authority and/or the Borough Engineer. If the application is deemed incomplete, the application will be returned to the applicant who will be given up to thirty (30) days from the date of written notice to provide missing information necessary to complete the application. Once an application is deemed complete, the Authority will have thirty (30) days to approve or deny the application. However, if, within such thirty (30) day period, the application or documentation is found to be technically deficient by the Authority's engineer, the applicant will be notified in writing and given sixty (60) days to correct such deficiency. Should the deficiency not be corrected within the sixty (60) day period, the application will be deemed abandoned, and the applicant will be required to file a new application and shall be responsible for any applicable fees with such new applications, including applicable review fees. If the applicant corrects such deficiencies within the sixty (60) day period, the Authority shall have thirty (30) days from the date the Authority deems such deficiencies corrected in writing to approve or deny such credit application. Any credit application approved by the Authority will take effect the following billing cycle. Applications approved prior to December 31 will have credit applied during the subsequent year's billing cycle.

The application process does not relieve the Property Owner of payment of any applicable Stormwater Utility Fees during the review process. The written approval of the credit by the Authority shall state the conditions of the issuance of the Stormwater Utility Fee credit and effective date of the credit.

Credit Expiration and Renewals.

Stormwater Utility Fee credits expire annually but may be automatically renewed upon a timely submission of the completed Annual Self-Inspection Report Form (see Appendix E) by the Property Owner, indicating that the Stormwater BMP(s) has/have been properly maintained and

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is/are fully functional. All Stormwater BMPs are subject to random inspections by the Authority after prior notification to the Property Owners. To renew the credit, the Property Owner must satisfy the requirements of the section having to do with Inspections more fully explained below. All renewed credits shall become effective January 1 of the year following the date of the renewal application.

To renew the credit, renewal credit applications and change in ownership credit applications need only include supplemental documentation if there have been any changes to the Stormwater BMP(s) on the Property. If previously approved Stormwater BMPs have not been altered, any complete Renewal and Change in Ownership credit applications shall be processed by the Authority within fifteen (15) days of receipt. If previously approved Stormwater BMPs are altered in the previous calendar year, such applications will be processed by the Authority in accordance with the process and timeframes specified for new credit applications as more fully explained in the previous paragraph.

Supplemental information to be provided for new or changed Tier 1 and 2 Stormwater BMPs, include:

1. Tier 1 Stormwater BMPs ? Requires submission of a completed Stormwater Utility Fee Credit Application Form and a legible sketch plan on 8 ?" x 11" paper which includes, at a minimum, the following information:

? Total lot area in square feet; ? Location and area of all existing Impervious Areas (e.g., surface areas of buildings, patios,

paved driveways, etc. where stormwater cannot normally infiltrate into the soil); ? Location and description of the existing, qualifying and functioning Tier 1 Stormwater

BMP(s); ? Impervious Area in square feet being treated by each Tier 1 Stormwater BMP (see

Appendix A for additional information on how treatment areas are determined and calculated for each respective BMP and how credit is applied for each); ? Calculation to verify the Stormwater BMP(s) has capacity to meet the design criteria, if applicable; ? Time-stamped photograph(s) of existing, qualifying and functioning Tier 1 Stormwater BMP(s), if applicable; ? Proposed Operation and Maintenance ("O&M") Schedule detailing the Property Owner's proposed maintenance activities for the Tier 1 Stormwater BMP(s); and ? Executed Right-of-Entry and Indemnification Agreements (see Appendix D)

2. Tier 2 Stormwater BMPs ? Requires submission of a Stormwater Utility Fee Credit Application Form, application review fee, and the following minimum information:

? Construction or As-Built Plans, at an appropriate scale, showing the site, overland flow paths, drainage flow arrows, stormwater facilities, and the surrounding area;

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