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.) Othe r 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 permission Natural Hydrology Site Design - required Water Quality and Volume Control - no net increase in runoff of 2- year 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 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 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, 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 County-wide Act 167 Plan, Model Ordinance, and Supporting Materials are Available Online at: Chesco.org/ water