Post-Construction Ordinance Development EXECUTIVE SUMMARY N LAKE NORMAN CENTRAL CATAWBA WESTERN CATAWBA YADKIN-SOUTHEAST CATAWBA GOOSE CREEK HUNTERSVILLE ROCKY RIVER UPPER MTN ISLAND CLARKE McDOWELL LOWER CLARKE GAR LOWER MTN ISLAND MALLARD LONG BACK CATAWBA PAW IRWIN REEDY BRIAR UPPER LITTLE SUGAR BEAVERDAM CLEAR SUGAR GOOSE McMULLEN LAKE WYLIE STEELE McKEE CALDWELL LOWER LITTLE SUGAR McALPINE FOUR MILE CROOKED TWELVE MILE SIX MILE CLEM 5 0 5 10 Miles Prepared by: Mecklenburg County Water Quality Program and Charlotte Storm Water Services and 3200 Chapel Hill-Nelson Hwy. Research Triangle Park, NC 27709 September 2005 Table of Contents 1. Introduction....................................................................................................................1 1.1. 1.2 1.3 Background and Purpose ...............................................................................................................1 Ordinance Goals ............................................................................................................................1 Stakeholder Involvement ...............................................................................................................3 2. Technical Approach .......................................................................................................4 2.1 2.2 Modeling Framework Description.................................................................................................5 Development of Management Recommendations .........................................................................6 3. Baseline Analysis...........................................................................................................8 3.1 3.2 3.3 3.4 Existing vs. Predicted Future Land Use.........................................................................................8 Pollutant Loading Analysis..........................................................................................................10 Catawba Watersheds Baseline Pollutant Loading Results...........................................................11 South Catawba Watersheds Baseline Pollutant Loading Results ................................................11 Yadkin Watersheds Baseline Pollutant Loading Results.............................................................12 Stream Stability Analysis ............................................................................................................13 Overall Baseline Assessment.......................................................................................................14 4. Alternatives Development ...........................................................................................15 4.1 4.2 Management Options...................................................................................................................15 Three Management Scenarios......................................................................................................15 Scenario 1 ....................................................................................................................................15 Scenario 2 ....................................................................................................................................17 Scenario 3 ....................................................................................................................................18 5. Evaluation of Alternatives ...........................................................................................21 5.1 5.2 5.3 Evaluation Criteria.......................................................................................................................21 Initial Evaluation of Scenarios 1 and 2........................................................................................22 Comparison Across the Three Alternatives .................................................................................24 6. Ordinance Development ..............................................................................................28 7. Implementations Steps and Considerations .................................................................30 8. References....................................................................................................................32 Acknowledgements Charlotte Storm Water Services and the Mecklenburg County Water Quality Program would like to recognize and thank all of the members of the Post-Construction Stakeholders’ Group and members of staff whose tireless effort through 30 full group meetings and numerous additional subcommittee meetings is directly responsible for successful completion of a consensus based set of ordinance recommendations. 1. Introduction 1.1 Background and Purpose Under North Carolina’s implementation of the Phase II stormwater regulations for the National Pollution Discharge Elimination System (NPDES), the City of Charlotte, Mecklenburg County, and the county’s Phase II partners (Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville) are required to develop and implement postconstruction ordinances. The intent of the post-construction ordinances is to address the impacts of stormwater runoff in areas undergoing new development or redevelopment. Many studies indicate that prior planning and design for the minimization of pollutants in postconstruction stormwater discharges is the most cost-effective approach to stormwater quality management (USEPA, 2000). The eight jurisdictions comprising the county are therefore working together to establish a consistent means of implementing stormwater management. These partners agreed to use the county’s watersheds and basin boundaries as the planning framework, both to protect the county’s water resources and to build on previous important efforts such as Mecklenburg County’s Surface Water Improvement and Management (S.W.I.M.) program. In March 2004, the City and County contracted with Tetra Tech, Inc., an environmental and engineering consulting firm, to support the post-construction ordinance development process. This Executive Summary provides an overview of the ordinance development process and results. More detailed descriptions of project steps, methods, and results are available in Tetra Tech’s project Phase 1 (February 2005) and Phase 2 (available Fall 2005) reports. 1.2 Ordinance Goals The intent of the post-construction ordinances is to address the impacts of stormwater runoff in areas undergoing new development or redevelopment. Managing Post-Construction Runoff There are generally two forms of post- At the outset, the City and County staff adopted four primary construction runoff to manage: 1) an increase in the type and quantity of goals to guide development of the ordinance. The first goal of pollutants, and 2) an increase in the this effort is to develop an ordinance for each jurisdiction that quantity of water delivered to streams and complies with state and federal regulatory stormwater lakes during storms. management requirements. Second, the local jurisdictions want the ordinances to satisfactorily address the guidelines to mitigate the cumulative and secondary impacts to aquatic and terrestrial wildlife resources specified by the NC Wildlife Resources Commission (WRC) and U.S. Fish and Wildlife Service (USFWS) for Goose Creek and the Yadkin River watershed. Species such as the Carolina Heelsplitter mussel are highly sensitive to degradation of physical and water quality conditions, and the WRC and USFWS are hesitant to provide regulatory certifications needed to build water, sewer, and road projects in these watersheds. In fact, issues surrounding the cumulative September 2005 Executive Summary p. 1 and secondary impact concerns have prevented the City and County from expanding its wastewater treatment facilities and extending its sewer service area into certain areas, affecting the type of economic development that can occur. The ordinance development process therefore provides an opportunity to promote a consistent, uniform approach to protection in sensitive watersheds that can meet the intent of mitigation guidelines and provide a basis for the WRC and USFWS to approve projects. Nutrients in post-construction runoff contribute to algae blooms in downstream lakes. Another priority is to enhance current efforts to protect Water Quality throughout the County. The North Carolina Division of Water Quality (DWQ) has put many streams in the County on its 303(d) listing of impaired waters for which Total Maximum Daily Loads (TMDLs) and restoration plans need to be developed. Since restoration is more costly than prevention and oftentimes full restoration is impossible to achieve, the City and County have set the third goal for the ordinance as minimizing the risk of additional stream segments being impaired and put on the 303(d) list. The fourth goal is to satisfactorily detain stormwater to control larger volumes and peaks associated with new construction. In recent years, the City and County have examined detention and its effect on controlling flooding and environmental impacts. The post-construction ordinance provides an opportunity to place the detention requirement within the context of overall watershed planning and stormwater management. Four Primary Goals for Post-Construction Ordinance Development: 1. Achieve compliance with Phase I and Phase II NPDES Stormwater permit requirements. 2. Address cumulative and secondary impacts to aquatic and terrestrial resources and water quality in Goose Creek and the Yadkin River watersheds. 3. Protect water quality, minimizing the risk of additional 303(d) listings and complementing restoration of existing impaired waters. 4. Address detention of the control of stormwater volumes and peaks. Executive Summary p. 2 September 2005 1.3 Stakeholder Involvement The City and County formed a diverse Post-Construction Stakeholders’ Group (15 different constituencies represented) to review information, discuss policies, and develop ordinance language. The group used a consensus building process with consensus defined as when “all members present can live with the outcome or proposal being made.” A select panel of City and County staff was tasked with working with the Stakeholders’ Group to provide information and support group discussions. Tetra Tech was asked to attend 10 of the group’s meetings to provide information and facilitate discussion for certain key topics. In total, the Group met 30 times between April 2004 and September 2005, not including additional subcommittee meetings. The City and County formed a diverse Post-Construction Stakeholders’ Group (15 different constituencies represented) to review information, discuss policies, and develop the ordinance. The Post-Construction Stakeholders’ Group met 30 times between April 2004 and September 2005. September 2005 Executive Summary p. 3 The greatest threats to water quality from newly developed or redeveloped land are likely to come from physical changes such as flow volumes/ velocities and temperature, and increased pollutant loading for contaminants such as sediment, nutrients, and pathogens (e.g., fecal coliform bacteria). 2. Technical Approach Tetra Tech’s primary role was to provide technical support to staff and the Stakeholders’ Group. Tetra Tech’s project support was divided into two phases: Phase 1 involved comparing existing water quality and habitat conditions to predicted future conditions, using existing management policies and programs. This is called the “baseline analysis.” Phase 2 involved working with staff and the Stakeholders’ Group to develop and evaluate management options (referred to as Scenarios) which could achieve the four primary ordinance development goals. The first task under Phase 1 was to establish which post-construction runoff pollutants and impacts to include in the assessment, and what modeling tools would be used to assess these parameters. Review of existing past watershed data and assessments indicated that the greatest threats to water quality from newly developed or redeveloped land will likely come from physical changes such as flow volumes/velocities and temperature, and increased pollutant loading for contaminants such as sediment, nutrients, and pathogens (e.g., fecal coliform bacteria). Tetra Tech developed modeling tools for predicting future watershed conditions so that the stakeholders and state could better understand how water quality and habitat would be impacted without further action or additional regulation, and how proposed ordinance requirements would address these issues. The project team built on existing information and modeling tools to develop a technical basis sufficient to evaluate the county’s 33 named watersheds that cover over 500 square miles of drainage area. The indicators selected for modeling were stream stability (comparison of Streambank collapse and channel erosion is common in specific stream power and velocity to Mecklenburg County where post-construction runoff critical threshold values), sediment, controls are lacking. and nutrients (phosphorus and nitrogen). Stream stability is indicative of the impact that stormwater runoff quantity can cause, whereas sediment and nutrients are indicative of the impact that contaminated stormwater runoff can have Executive Summary p. 4 September 2005 on water quality. In addition to reflecting some of the greatest concerns regarding stress on the watersheds, these parameters could be readily modeled using the following available tools and information: • • • • • Calibrated HSPF model for the McDowell Creek Watershed USGS Mecklenburg County Unit Hydrograph Study Tetra Tech dynamic BMP modeling tool The Mecklenburg County Site Evaluation Tool (SET) The Mecklenburg County Flood Insurance Study (FIS) HEC models 2.1 Modeling Framework Description The indicators selected for modeling were: stream stability sediment total phosphorus total nitrogen The components of the models were woven together to conduct both pollutant loading and stream stability analysis for the county’s watersheds. GIS databases and municipal planning input were used to define modeling land use classes, delineate watershed and subwatershed evaluation and reporting units, and establish the existing and future buildout land use databases. For pollutant analyses, representative site design assumptions were developed and the SET was applied to generate runoff pollutant loading rates (e.g., lb/ac/yr) for each land use category. Information was then aggregated to the watershed scale using the land use database to produce average loading rates for the watershed. This was done separately, first for the baseline analysis (comparing existing conditions to future conditions with and without current regulations), and later during Phase 2 for the evaluation of alternative management scenarios. For the stream stability analysis, hydrographs were developed for each land use category and aggregated to the subwatershed scale using the land use databases. The subwatershed hydrographs were input to the HEC models to route flow and predict channel velocity and specific stream power. The modeling results for the baseline analysis and alternative management scenarios were then compared to thresholds defined from field reconnaissance to predict the percent of watersheds at risk for severe stream channel instability. What is a Hydrograph? A hydrograph is a representation of how stormwater runoff changes over time. The shape of the hydrograph is important. For example, too much runoff in a short amount of time can lead to flooding or damage to the stream channel. September 2005 Executive Summary p. 5 Municipal Planning Input City/County GIS y Modeling watershed delineations y Land use spreadsheet databases Stream Stability Analysis Pollutant Runoff Analysis y Land use type site designs for each scenario y Runoff rates (lb/ac/yr) for sediment, phosphorus, and nitrogen for each land use type for each scenario y Per-acre runoff hydrographs for each land use category y Subwatershed hydrographs y Stream flow estimates throughout stream network y Predicted channel velocity and specific stream power Key Indicator Key Indicator Runoff rates (lb/ac/yr) for sediment, phosphorus and nitrogen for 33 named watersheds for each scenario Figure 2-1. Key Indicator Key Indicator Percent of modeled stream miles at risk for severe instability Flow Diagram Showing Integration of Modeling Tools 2.2 Development of Management Recommendations The Stakeholders’ Group and staff were first presented with the baseline modeling results for each of the key indicators, along with information on various management options (e.g., structural and nonstructural integrated management practices) and their relative effectiveness for addressing the key hydrologic and water quality stressors. Next, stakeholders and staff crafted two alternative management scenarios (referred to as Scenarios 1 and 2) combining multiple management practices to address the gaps in existing regulations. The project team modeled the two alternatives and presented the results along with relative costs. The stakeholders then evaluated each alternative for its compatibility with other community values, political feasibility, and administrative feasibility. Executive Summary p. 6 September 2005 After reviewing the results for the first two scenarios, the Stakeholders’ Group indicated that there were several issues to be addressed before the Group would be willing to support specific measures as the basis for ordinance development. A series of nine meetings were held to systematically work through the issues so that the Group could reach consensus on Scenario 3. The stakeholders and staff then used the results of the management evaluations to begin the Phase 3 ordinance language development and adoption process. Stakeholder Input Develop Scenarios Model Scenarios Stakeholder Discussion Refine Alternative Ready to Select Alternative? Figure 2-2. No Stakeholder Review Yes Stakeholders and staff initially crafted two alternative management scenarios (referred to as Scenarios 1 and 2). Based on evaluation and revision of these options, the Group developed and adopted consensus Scenario 3. Proceed to Ordinance Language Development Stakeholder Process for Selecting Management Options for Inclusion with the Ordinance September 2005 Executive Summary p. 7 3. Baseline Analysis The modeling framework developed for the project was used to conduct a “Baseline Analysis.” The analysis consists of applying the models under existing conditions, and then comparing the results to model predictions for future conditions. The future is modeled two ways, first with no management controls and then with existing management regulations applied. The baseline analysis helps answer two important questions: 1. How would stream stability and pollutant loading conditions change in the future if there were no management requirements? 2. How effective are existing regulations in mitigating any predicted negative impacts to stream stability and water quality? The answer to the first question illustrates how significant the changes caused by new development could be (i.e., the potential magnitude of additional stream instability and pollutant loading impacts directly attributable to future development). The answer to the second question identifies gaps in existing management strategies and provides the baseline for what the post-construction ordinance should achieve for these indicators. 3.1 Existing vs. Predicted Future Land Use Land use information was obtained from each jurisdiction with the help of City and County staff, and planning staff from the partner jurisdictions. Parcels were assigned to one of twenty-three specific land use categories established for the countywide analysis. Categories included eight different residential classifications ranging from very low to very high densities, six nonresidential classes (commercial, institutional, and industrial) with different ranges of imperviousness represented, and three mixed use categories reflecting different levels of imperviousness. The remaining categories included classes such as parks, forest, meadow, agriculture, golf courses, and interstate highway. Future land use projections were based on all of the available master plans and best professional judgment of local planning staff. These projections considered the existing and planned future transit corridors. Very detailed descriptions of the processes to build the existing and future land use databases are contained in the Phase 1 project report (Tetra Tech, 2005a) Executive Summary p. 8 September 2005 Figures 3-1 and 3-2 graphically display condensed summaries of the existing and future land use, respectively. Visual comparison reveals that the largest increase in future development is expected for singlefamily residential development, largely replacing forest and rural use. Table 3-1 summarizes the changes for the condensed categories. Figure 3-1. Existing Land Use Table 3-1. Summary of Mecklenburg County Predicted Land Use Change Land Use Existing (ac) Figure 3-2. Future (ac) Future Land Use Net Change (ac) Net Change (%) Agricultural/Rural 45,850 2,370 - 43,480 - 95% Commercial 16,690 23,420 + 6,730 + 40% Institutional 10,870 16,150 + 5,280 + 49% 7,570 8,390 + 820 + 11% Multi-Family Residential 13,950 18,720 + 4,770 + 34% Office / Industrial 33,470 42,900 + 9,430 + 28% 6,570 15,160 + 8,590 + 131% 108,840 197,160 + 88,320 + 81% 95,350 14,150 - 81,200 - 85% Interstate Hwy Park Single-Family Residential Vacant/Forest September 2005 Executive Summary p. 9 3.2 Pollutant Loading Analysis Baseline pollutant loading analyses were performed to estimate average runoff rates by watershed for total suspended solids (TSS) and total phosphorus (TP). Results are presented below for these two focal parameters of concern, and grouped by three areas for presentation: Catawba watersheds (draining to drinking water supplies), South Catawba watersheds (draining to South Carolina), and Yadkin River Basin watersheds. Figure 3-3 illustrates the relative locations of the named watersheds and corresponding groupings. LAKE NORMAN CATAWBA WATERSHED DISTRICT ROCKY RIVER McDOWELL UPPER MTN ISLAND YADKIN WATERSHED DISTRICT CLARKE LOWER CLARKE GAR LOWER MTN ISLAND MALLARD LONG BACK CATAWBA IRWIN PAW UPPER LITTLE SUGAR BEAVERDAM STEELE Figure 3-3. Executive Summary p. 10 SOUTH CATAWBA WATERSHED DISTRICT BRIAR McKEE CALDWELL CLEAR McMULLEN SUGAR LAKE WYLIE REEDY GOOSE LOWER LITTLE SUGAR McALPINE CROOKED FOUR MILE TWELVE MILE CLEM SIX MILE Baseline Analysis Watershed Groupings September 2005 Catawba Watersheds Baseline Pollutant Loading Results Results for TSS and TP average loading rates in the Catawba watersheds are presented in Figures 3-4 and 3-5. Comparison of existing loading rates (blue bars) and loading rates in the future with no stormwater controls (purple bars) shows that changed land use in the future will significantly increase pollutant generation rates for both TSS and TP. However, comparison of the future loading rates under existing management strategies (yellow bars) for these watersheds indicates that the current Huntersville ordinance requirements should be quite effective at mitigating increases in loads (affected watersheds include McDowell, Upper Mountain Island, and a good portion of Gar). Additionally, the water supply regulations that affect a sizeable portion of the other Catawba watersheds are expected to do well in mitigating TSS, but be slightly less effective in mitigating future TP loading rate increases. TP Loading Rates, Catawba Watershed District TSS Loading Rates, Catawba Watershed District Future, No Controls Future, Current Regs Existing Future, No Controls 0.60 Existing 1.60 0.50 1.40 0.40 1.20 lb/ac/yr 0.30 1.00 0.80 0.60 0.20 0.40 0.10 0.20 Upper Mtn Island Paw McDowell Lower Mtn Island Long Lake Wylie Lake Norman Gar Upper Mtn Island Paw McDowell Lower Mtn Island Long Lake Wylie Lake Norman Gar Catawba Beaverdam Figure 3-4. TSS Loading in Catawba Grouping Catawba 0.00 0.00 Beaverdam ton/ac/yr Future, Current Regs 1.80 Figure 3-5. TP Loading in Catawba Grouping South Catawba Watersheds Baseline Pollutant Loading Results Results for TSS and TP average loading rates in the South Catawba watersheds are presented in Figures 3-6 and 3-7. Comparison of existing loading rates (blue bars) and loading rates in the future with no controls (purple bars) shows that pollutant loading for changed land use in the future will increase, but not as much as for the Catawba watersheds. This can be attributed to the fact that watersheds in the South Catawba are already more built-out, so existing loading rates are higher and there is less land available for conversion from forested or rural uses to urban uses. Additionally, comparison of the future loading rates under existing management strategies (yellow bars) for these watersheds indicates that existing requirements in these watersheds are not very effective at mitigating future increases. The South Catawba watersheds do not have the water supply protection regulations applied to them, nor do they have protection measures like those recently established for Huntersville. September 2005 Executive Summary p. 11 TP Loading Rates, South Catawba Watershed District TSS Loading Rates, South Catawba Watershed District Future, No Controls Future, Current Regs Existing Future, No Controls 0.60 Existing 1.60 0.50 1.40 0.40 1.20 lb/ac/yr 0.30 0.20 1.00 0.80 0.60 0.40 0.10 0.20 0.00 Figure 3-6. TSS Loading in South Catawba Sugar Upper Little Sugar Steele Six Mile McMullen McAlpine Lower Little Sugar Irwin Four Mile Briar Upper Little Sugar Sugar Steele Six Mile McMullen McAlpine Lower Little Sugar Irwin Four Mile Clem Briar 0.00 Clem ton/ac/yr Future, Current Regs 1.80 Figure 3-7. TP Loading in South Catawba Yadkin Watersheds Baseline Pollutant Loading Results Results for TSS and TP average loading rates in the Yadkin watersheds are presented in Figures 3-8 and 3-9. Comparison of existing loading rates (blue bars) and loading rates in the future with no controls (purple bars) shows that changed land use in the future will greatly impact average loading rates in the Yadkin watersheds. Relative to the Catawba and South Catawba watersheds, these are the least developed under existing conditions. Therefore, the high rate of conversion from forested and rural uses to suburban and some nonresidential uses is expected to substantially increase rates of pollutant generation. With the exception of the Clarke Creek watershed which is protected by the Town of Huntersville ordinance provisions, existing regulations are not expected to mitigate future pollutant loading rate increases (demonstrated by yellow bars indicating loading rates almost the same as those reflecting no controls). TSS Loading Rates, Yadkin Watershed District Future, No Controls TP Loading Rates, Yadkin Watershed District Future, Current Regs Existing Future, No Controls Existing 1.60 0.50 1.40 0.40 1.20 lb/ac/yr 0.30 0.20 1.00 0.80 0.60 0.40 0.10 0.20 0.00 Figure 3-8. TSS Loading in Yadkin Executive Summary p. 12 Twelve Mile Rocky River Reedy McKee Mallard Lower Clarke Goose Crooked Clear Clarke Caldwell Twelve Mile Rocky River Reedy McKee Mallard Lower Clarke Goose Crooked Clear Clarke Caldwell Back 0.00 Back ton/ac/yr Future, Current Regs 1.80 0.60 Figure 3-9. TP Loading in Yadkin September 2005 3.3 Stream Stability Analysis Stream stability analyses were performed for 23 of the 33 named watersheds where sufficient information and modeling tools were available. Results for the three watershed groupings are shown in Figures 3-10 through 3-12. For all watersheds, the risk of channel degradation is predicted to increase in the future if no stormwater controls are implemented for new development (purple bars compared to blue bars). Except for the Beaverdam, Briar, and Little Sugar watersheds, the current regulations are not predicted to provide much mitigation of future stream instability increases (yellow bars compared to purple bars). Additionally, in the remaining three watersheds, further analysis revealed that the duration of time above channel erosion thresholds is expected to increase substantially, thereby increasing the risk of channel instability for these streams as well. Figure 3-13 provides an example of this for the Little Sugar watershed. The graph shows how future peak flow, although similar in magnitude to existing peak flow, exceeds the threshold for erosion for twice the amount of time. Catawba Watershed District Existing Future, No Controls Figure 3-10. Stream Instability in Catawba 10% Upper Little Sugar Sugar Steele Six Mile 0% McMullen Upper Mtn Island Paw McDowell Lower Mtn Island Long Lake Wylie Lake Norman Gar Catawba 0% 20% McAlpine 10% 30% Irwin 20% 40% Lower Little Sugar 30% 50% Four Mile 40% Existing 60% Clem 50% Future, Current Regs 70% Briar 60% Percentage of Channel Length at Risk Future, Current Regs 70% Beaverdam Percentage of Channel Length at Risk Future, No Controls South Catawba Watershed District Figure 3-11. Stream Instability in South Catawba Yadkin Watershed District Existing Conditions Future, Current Regs Future, Current Regs Threshold Discharge Existing 70% 4000 60% 3500 50% 3000 40% Flow (cfs) 2500 30% 20% 2000 1500 10% 1000 Figure 3-12. Stream Instability in Yadkin September 2005 Twelve Mile Rocky River Reedy McKee Mallard Lower Clarke Goose Crooked Clear Clarke Caldwell 0% Back Percentage of Channel Length at Risk Future, No Controls 500 0 200 300 400 500 600 700 800 900 1000 Flow Duration (min) Figure 3-13. Influence of Flow Duration on Channel Stability in Little Sugar Watershed Executive Summary p. 13 3.4 Overall Baseline Assessment Additional insight was provided by generating a composite assessment for existing conditions using four environmental stress indicators (TSS, TP, TN and Channel Instability Risk) along with watershed condition indicators (percent imperviousness and the county’s biological support rating). Watershed composite indicator scores were sorted into quartile ranges (i.e., top quarter reflected lowest level of environmental stress and the bottom quarter reflected the highest level). The composite assessment provided some very interesting results. In the top quartile (least stressed), watersheds were characterized by relatively lower levels of imperviousness (ranging from 5 to 15 percent with an average of 9 percent). Additionally, three of the four watersheds with current overall biological assessment ratings of fullysupporting (FS) were found in the upper quartile, indicating that watersheds with these lower stressor values are much more likely to support healthy aquatic communities. The average loading rates for the fully-supporting watersheds are compared to rates for the lower quartiles in Table 3-2. Table 3-2. Comparison of Existing Environmental Stressors By Watershed Rank Watershed Rank Category Average TN Loading Rate (lb/ac/yr) Average TP Loading Rate (lb/ac/yr) Average TSS Loading Rate (tons/ac/yr) Existing Risk of Channel Instability (%) Existing Impervious Surface (%) Fully Supporting 3.5 0.55 0.24 < 1% 9% Quartile 4.5 0.71 0.29 8% 18% 3 Quartile 5.2 0.82 0.32 15% 22% 4th Quartile 7.1 1.13 0.4 27% 30% nd 2 rd Overall, the baseline analyses demonstrated that water quality and aquatic habitat protection are more likely to occur in watersheds characterized by lower imperviousness and lower rates of stress from stream instability and pollutant loading. Therefore, as new development occurs and imperviousness increases within the watersheds, management should be aimed at reducing stressor loads to levels more indicative of existing high quality watersheds. The rates shown in the Fully Supporting use category in Table 3-2 provide a target to aim for in meeting the primary water quality objective. In most cases, existing regulations are not sufficient to mitigate the impacts of future development. Exceptions include the current Huntersville ordinance regulations that were already developed to address post-construction runoff impacts. The post-construction ordinance is therefore needed to address the gaps in current management regulations. Executive Summary p. 14 September 2005 4. Alternatives Development 4.1 Management Options Stakeholders were asked to support development of management options to consider as the basis for the ordinance. To help the Stakeholders’ Group better understand which management options and BMPs are most effective, Tetra Tech developed a Management Options Matrix that displayed a consumer reports-type effectiveness rating based on a review of available technical research. The options were divided into the following categories: • Development Site Performance Standards for water quality and hydrology (e.g., reduce phosphorus loading by 70%, capture and detain runoff from 1-yr, 24-hr storm event). • Structural BMPs such as bioretention, stormwater wetlands, and wet ponds. • Non-structural BMPs such as reducing imperviousness and requiring vegetated buffers along streams. The Stakeholders’ Group screened different management options, and then combined promising options into 3 different management scenarios for evaluation. Other management options evaluated included land use regulation (e.g., open space requirements and imperviousness caps), education, and monitoring. The evaluation showed the linkage between each of these management options and the study’s primary hydrology and water quality indicators. The Stakeholders’ Group used the matrix to help construct the scenarios, or what combination of management measures seem promising in meeting the management goals and therefore should be evaluated in more detail. 4.2 Three Management Scenarios Scenario 1 Scenario 1 represents a proposal by the City of Charlotte and Mecklenburg County staff based on the results from the Project’s Phase 1 modeling. In Phase 1, the modeled pollutant loading rates taken from the upper quartile of watersheds in Mecklenburg County were used to set thresholds representative of conditions that allow the streams in these watersheds to meet their designated uses. Scenario 1 varies the performance criteria between two Watershed Districts, the Yadkin and the Catawba, to fulfill the four ordinance goals and meet the threshold criteria established through the Phase 1 modeling. September 2005 Scenario 1 featured uniform stormwater technology control requirements for two watershed districts divided along major river basin boundaries. Executive Summary p. 15 For the Yadkin District, the performance criteria were derived from the proposed Mint Hill post-construction ordinance, which was specifically developed to fulfill the mitigation measures of protection of the Carolina Heelsplitter from the cumulative and secondary impacts of land development activities developed by NCWRC and USFWS. The Catawba District includes those watersheds draining into the Catawba River. This district contains the drinking water supply watersheds as well as the majority of the impaired stream length in LAKE Mecklenburg County. This district is NORMAN ROCKY YADKIN DISTRICT RIVER CATAWBA DISTRICT an area of concern due to elevated nutrient level discharges to Lake UPPER CLARKE MTN McDOWELL ISLAND Wateree in South Carolina. The LOWER CLARKE performance standards selected for this GAR LOWER district were derived from an MTN MALLARD ISLAND LONG assessment of the modeling data from BACK Phase 1 for healthy, unimpaired PAW McKEE IRWIN CATAWBA REEDY CALDWELL watersheds. These criteria are UPPER BRIAR specifically targeted toward minimizing LITTLE CLEAR BEAVERDAM SUGAR increases in nutrient loads and channel SUGAR GOOSE McALPINE degradation from future development McMULLEN LAKE LOWER STEELE WYLIE activities. LITTLE CROOKED FOUR MILE N SUGAR TWELVE MILE SIX MILE CLEM 5 0 5 10 Miles Features of Scenario 1 2 Management Districts Catawba LID required for development with greater than 12% imperviousness Water quality performance criteria: 70% removal of TP, 85% removal of TSS Runoff peak and volume control requirements 50 ft. buffer requirements Yadkin LID required for development with greater than 6% imperviousness Water quality performance criteria: 85% removal of TSS Runoff peak and volume control requirements 100 ft. buffer requirements Executive Summary p. 16 September 2005 Scenario 2 Over a series of meetings, the Stakeholders’ Group discussed the environmental and economic implications of the proposed requirements for Scenario 1 of the post-construction ordinance. The general consensus of the Stakeholders’ Group after these meetings was that the differing needs of individual watersheds should be addressed, instead of grouping all watersheds into only two categories (i.e., the Catawba and Yadkin watershed districts). Scenario 2 varied requirements across five watershed districts to reflect varying levels of protection needs, with endangered species and water supply protection receiving extra attention. The principal differentiators among watershed protection needs identified by the Stakeholders’ Group include: • The presence of state and federally listed rare, threatened, and endangered species. • Drinking water protection. • Degree of the watershed’s existing urbanization or buildout. Using these criteria, a spectrum of requirements was developed ranging from those watersheds with the lowest need for additional protection to those with the greatest need. The goal of varying the level of requirements was to appropriately target water quality and ecological protection measures without overly burdening development opportunities. Thus, watersheds that were the most urbanized, that contained no listed species and did not drain to the Charlotte drinking water supply were assigned the lowest need for additional protection whereas watersheds containing listed species or draining to the City’s drinking water supply were given the greatest additional protection. As a result of the various levels of protection, the two Watershed Districts proposed in Scenario 1 were segregated into five districts under Scenario 2: Central Catawba, Western Catawba, YadkinSoutheast Catawba, Huntersville, and Goose Creek. The spectrum of additional protection ranges from the lowest need in the Central Catawba District and progresses through additional levels of protection in the Western Catawba, Yadkin-Southeast Catawba, Huntersville, and Goose Creek districts. Another management option included in Scenario 2 was preservation of undisturbed open space during and after development. This requirement varied by the degree of imperviousness of the development. September 2005 N LAKE NORMAN CENTRAL CATAWBA WESTERN CATAWBA YADKIN-SOUTHEAST CATAWBA GOOSE CREEK HUNTERSVILLE ROCKY RIVER UPPER MTN ISLAND CLARKE McDOWELL LOWER CLARKE GAR LOWER MTN ISLAND MALLARD LONG BACK CATAWBA PAW IRWIN REEDY BRIAR UPPER LITTLE SUGAR BEAVERDAM CLEAR SUGAR GOOSE McMULLEN LAKE WYLIE STEELE McKEE CALDWELL LOWER LITTLE SUGAR McALPINE FOUR MILE CROOKED TWELVE MILE SIX MILE CLEM 5 0 5 10 Miles Executive Summary p. 17 Features of Scenario 2 5 Management Districts: Central Catawba, Western Catawba, Yadkin-Southeast Catawba, Huntersville, and Goose Creek Vary requirements according to watershed needs LID encouraged (except in Huntersville and Goose Creek where required) Water quality performance criteria: 70% removal of TP; 85% removal of TSS all districts (except Central Catawba where there is only a TSS standard) Runoff peak and volume control requirements vary by district Stream buffer requirements vary in stringency by district (from existing S.W.I.M. buffer plus 30 ft. up to 200 ft) Undisturbed open space preservation required for all development less than 85% imperviousness 25% open space for development with < 24% impervious area 17.5% open space for development with ≥ 24% and < 50% impervious area 10% open space for development with ≥ 50% and < 85% impervious area Scenario 3 After an evaluation of Scenario 1 and 2, the Stakeholders’ Group reached consensus that Scenario 2 was preferred over Scenario 1. However, significant concerns remained about Scenario 2. To reach a consensus alternative, several key areas needed to be resolved: Scenario 3 represents consensus modifications to Scenario 2 to address key areas of stakeholder concern. Executive Summary p. 18 • Cost of open space and water quality performance standards. • Peak controls. • Maintenance responsibility. • Low impact development requirements. Building on Scenario 2, Scenario 3 was crafted to address each of these outstanding issues. Most of the Committee’s effort centered on reducing the cost to the development community of meeting Scenario 2 requirements. For the TP water quality performance standard, a flexible “buy-down” option was provided that allows a development applicant to “buy down” from 70% TP removal to 50% (the minimum required under the state’s Phase II regulations), and allows the City or County to use the revenue to construct BMP retrofits off-site to “make up” the difference in phosphorus loading (i.e., between 50 and 70%). Alternatively, an applicant could also build a BMP off site to mitigate this difference. September 2005 To reduce the cost of meeting the open space requirements, Scenario 3 provides several mechanisms: off-site mitigation and on-site mitigation techniques, as well as payment-in-lieu. All five districts have a uniform volume control requirement. To meet all of these hydrology and water quality requirements, developers are allowed (rather than required) to use LID. Finally, Scenario 3 recommends that the City and County assume BMP maintenance responsibility for single-family residential development, but require all other developments to provide for longterm maintenance. Page 20 provides the details of the consensus Scenario 3. Features of Scenario 3 5 Management Districts: Central Catawba, Western Catawba, Yadkin-Southeast Catawba, Huntersville, and Goose Creek LID allowed (excepts in Huntersville where it is required) Water quality performance criteria: 70% removal of TP; 85% removal of TSS all districts (except Central Catawba where there is only a TSS standard) Buy-down allowed for development with greater than 60% imperviousness; off-site mitigation also allowed. Uniform volume control requirement across districts Stream buffer requirements vary in stringency by district (from existing S.W.I.M. buffer plus 30 ft. up to 200 ft) Undisturbed open space preservation required for all development 25% open space for development with < 24% impervious area 17.5% open space for development with ≥ 24% and < 50% impervious area 10% open space for development with ≥ 50% and < 85% impervious area On-site, off-site, and payment-in-lieu mitigation allowed September 2005 Executive Summary p. 19 Table 4-1. Watershed District Central Catawba Detailed Description of Consensus Scenario 3 Management Scenario Structural Water Quality BMPs >24% BUA requires 85% TSS removal for runoff from 1st inch of rainfall; LID optional Buffers(1) 30 ft. no build zone on intermittent streams 35 ft. (2 zones) on perennial streams draining <300 acres 50 ft (3 zones) on streams draining >300 acres 100 ft + 50% of flood-fringe on streams draining >640 acres Volume & Peak Control Open Space Requirements Volume (Commercial & Residential): Open space is undisturbed area >24% BUA control entire volume for 1-yr, 24hr storm <24% BUA = 25% open space Peak for Residential: >24% BUA perform a downstream flood analysis to determine whether peak control is needed and if so, for what level of storm frequency (i.e., 10, 25, 50 or 100-yr, 6-hr) OR if a downstream analysis is not performed, control the peak for the 10yr and 25-yr, 6-hr storms >24% and <50% BUA = 17.5% open space >50% BUA = 10% open space Peak for Commercial: >24% BUA control the peak for the 10-yr, 6-hr storm AND perform a downstream flood analysis to determine whether additional peak control is needed and if so, for what level of storm frequency (i.e., 25, 50 or 100-yr, 6-hr) OR if a downstream analysis is not performed, control the peak for the 10-yr and 25-yr, 6-hr storms Western Catawba >12% BUA requires 85% TSS and 70% TP removal for runoff from 1st inch of rainfall; LID optional; BUA area caps apply in water supply watersheds 30 ft. no build zone on intermittent streams Same as Central Catawba except use >12% BUA as the threshold for application Same as Central Catawba Same as Central Catawba except use >10% BUA as the threshold for application Same as Central Catawba 35 ft. (2 zones) on perennial streams draining <300 acres 50 ft (3 zones) on streams draining >300 acres 100 ft + 50% of flood-fringe on streams draining >640 acres YadkinSoutheast Catawba >10% BUA requires 85% TSS and 70% TP removal for runoff from 1st inch of rainfall; LID optional Executive Summary p. 20 50 ft undisturbed forested buffers on intermittent streams 100 ft undisturbed forested buffers on perennial streams, plus remainder of floodplain September 2005 5. Evaluation of Alternatives 5.1 Evaluation Criteria A “consumer report” Scenario Evaluation Matrix was used to evaluate and convey how effective Scenario 1 and 2 were in meeting the project’s goals. Four measurable water quality and hydrology goals were used and four feasibility goals were used, based on input from the Stakeholders’ Group. Each goal has specific evaluation criteria. For the quantitative goals and criteria, numeric ranges or thresholds were established and then compared to modeling analysis results for each watershed district. The other goals, which were more subjective, required input and evaluation by the Stakeholders’ Group and the staff technical panel. Tetra Tech used facilitated discussion and a survey with the Group members to evaluate the goals and criteria related to community values, political feasibility, and administrative feasibility. Criteria were developed for four measurable water quality and hydrology goals and four feasibility goals to evaluate and convey how effective Scenario 1 and 2 were in meeting the project’s goals. Each scenario was evaluated based on whether it met, partially met, or failed to meet the following goals (shown in bold) and criteria (denoted with bullets). Note that the 30 evaluation criteria are condensed and summarized below. For more details, please refer to the Phase II Report (Tetra Tech, 2005b). Table 5-1. Goals and Criteria for Scenario Evaluation Meets State NPDES Phase 1 and 2 Post-Construction Stormwater Regulations Meets housing density, imperviousness, and stormwater control requirements Addresses Cumulative and Secondary Impacts to Aquatic Life and Water Quality in Watersheds with Listed Species Mitigates pollutant loading based on rates that support good habitat conditions Minimizes risk of stream bank and channel instability through maintaining dominant stormwater flow at existing conditions Protects Water Quality through Minimizing Additional 303(d) Listings Mitigates increases in pollutant loading Minimizes risk of streambank and channel instability through managing increase in the dominant stormwater flow Addresses Detention for the Control of Stormwater Volume and Peaks Mitigates increased risk of geomorphic instability for dominant discharge Minimizes additional flooding potential September 2005 Executive Summary p. 21 Table 5-1. (continued) Goals and Criteria for Scenario Evaluation Minimizes the Uncertainty or Risk of Not Meeting Targets Does not cause significant, irreversible land use changes related to risk of downstream impairment Cost Cost of mitigation relative to other scenarios Other Community Values Improve air quality, discourage sprawl, provide connectivity Encourage attractive development Improve housing affordability Enhance quality of life Remain economically competitive Political Feasibility Meets local governments’ existing policies and plans for growth Provides for flexibility in development design Does not pose a public health or safety risk Favorable response from the Stakeholders’ Group Administrative Feasibility Does not cause a significant administrative burden 5.2 Initial Evaluation of Scenarios 1 and 2 Scenario 1 and 2 were equal in meeting environmental criteria, but Scenario 1 cost more and provided less flexibility in requirements. Executive Summary p. 22 Based on a comparison of the evaluation criteria and environmental/ cost modeling results, Tetra Tech provided a scenario evaluation matrix for each district, allowing the Stakeholders’ Group to see how well each scenario met overall goals. In its evaluation of criteria, Tetra Tech concluded that for all districts both scenarios: • Meet Phase II NPDES stormwater requirements. • Minimize the risk of additional 303(d) listings. • Mitigate the risk of geomorphic instability. • Mitigate additional flooding potential. September 2005 It should be noted that both scenarios rely heavily on BMPs to mitigate impacts, and therefore should be accompanied by programs that assure that BMPs are installed and working properly. At the site-scale, loading rates for new development under Scenarios 1 & 2 are predicted to be equivalent to those in watersheds fully supporting their uses. Additionally, for the Goose Creek Watershed, Tetra Tech concluded that both scenarios effectively meet the U.S. Fish and Wildlife guidelines for addressing cumulative and secondary impacts to aquatic and terrestrial resources and water quality in watersheds with endangered species. For the quantitative evaluation criteria, both scenarios were equal in meeting environmental criteria. Figures 5-1 and 5-2 display comparative results for the TSS and TP indicators at the watershed district scale. At the site-scale for new development and redeveloped areas loading rates are predicted to be even lower and equivalent to those associated with the watersheds fully-supporting their uses. TSS Loading Rates by Scenario #2 Watershed Districts Future, No Controls Future, Current Regs Scenario #1 Scenario #2 TP Loading Rates by Scenario #2 Watershed Districts Existing Future, No Controls 0.60 Future, Current Regs Scenario #1 Scenario #2 Existing 1.60 0.50 1.40 1.20 lb/ac/yr ton/ac/yr 0.40 0.30 0.20 1.00 0.80 0.60 0.40 0.10 0.20 Figure 5-1. TSS Loading Rate Comparisons Figure 5-2. Huntersville Goose Creek TP Loading Rate Comparisons The estimated cost for Scenario 2 was slightly lower than Scenario 1, although the only significant cost difference was in the South Catawba (others districts were within 10% cost of each other). The Stakeholders’ Group therefore decided which scenario was more favorable based on how the scenarios compared in political and administrative feasibility and overall community values. Based on a survey and facilitated discussion, the Stakeholders’ Group reached consensus that Scenario 2 was preferred over Scenario 1 in meeting the overall goals and criteria. However, the Group still had significant concerns about Scenario 2. Seven key areas needed to be resolved: open space/imperviousness caps; low impact development requirements; peak controls; stream buffers; maintenance responsibility; districts; and costs. The consensus alternative, Scenario 3, was crafted to address each of these issues. September 2005 YadkinSoutheast Catawba Western Catawba 0.00 Central Catawba Huntersville Goose Creek YadkinSoutheast Catawba Western Catawba Central Catawba 0.00 Scenario 3 was crafted using stakeholder consensus to address seven key issue areas associated with Scenarios 1 and 2. Executive Summary p. 23 5.3 Comparison Across the Three Alternatives The three scenarios were essentially equal in meeting the four primary water quality and hydrology goals, as well as the administrative feasibility and uncertainty criteria. Scenario 3 was superior, however, in meeting the remaining three goals related to community values, cost, and political feasibility. Scenario 3 was superior in meeting the final three goals related to community values, cost, and political feasibility. It should be noted that applying Phase II regulations alone would not meet the water quality or the cumulative and secondary impact mitigation goals. Executive Summary p. 24 By providing flexible ways to meet open space requirements onsite, offsite, or through payment-in-lieu, Scenario 3 better met the community values criteria of enhancing quality of life, improving air quality, discouraging sprawl, encouraging attractive development, and remaining economically competitive. The mitigation provisions also made the open space requirements less costly for developers to meet than those in Scenario 2. The cost of meeting the Scenario 1 and 2 water quality performance standards was perhaps the biggest issue for the Stakeholders’ Group to resolve, given the significant cost increase they pose over meeting the County’s existing requirements and the State’s Phase II regulations. It should be noted, however, that applying Phase II regulations alone would not meet the water quality or the cumulative and secondary impact mitigation goals. By allowing the “buy down” and offsite mitigation option, Scenario 3 reduced this cost increase while still meeting the four primary goals. Also under Scenario 3, a portion of the Single Family Residential land uses does not require peak control, which noticeably reduced costs for these land uses. Figure 5-3 compares the total, countywide costs at build-out for each scenario using the percent of the highest cost (in this case Scenario 1) as the unit of comparison. The total costs include construction, design, engineering, open space, and operation and maintenance (O&M) costs. The costs in Figure 5-3 represent the sum of costs for all changed land use, i.e., newly developed or redeveloped land. Since the cost estimates are based on hypothetical development designs, the estimates should be viewed as approximate estimates of ordinance implementation costs and should not be used to represent costs for a specific development. Costs are likely to vary, and with new technologies and innovation, it is likely that developers could meet requirements with costs less than reported in this analysis. It is also possible that implementation could be more costly than reported for developments with particular site constraints. The comparison of total costs across scenarios illustrates the differences between ordinance requirements. Scenario 2 costs approximately 93 percent of Scenario 1 costs. Scenario 3 reduces the costs to 76 percent of Scenario 1 and presents a regulatory scenario that September 2005 is slightly less than twice the cost of Phase II. Again, the major regulatory change that reduced costs in Scenario 3 was the addition of the water quality performance standard buy down option, which considerably reduced the expected cost of developing land uses with imperviousness above 60 percent. 100% Percent of Highest Cost 80% 60% 40% 20% 0% Current Regulations Figure 5-3. Phase II Scenario 1 Scenario 2 Scenario 3 Comparison of Total Costs at Build-Out for Mecklenburg County Across Five Regulatory Scenarios The countywide cost summary masks cost differences between land uses. Therefore, Figure 5-4 presents the total cost per acre of site for each evaluated land use category, weighted by the total changed land use area in Mecklenburg County projected for those categories. As in Figure 5-3, the total costs include construction, design, engineering, open space, and O&M costs. For each land use and treatment combination, the cost per acre of a development site was estimated, and then each cost per acre was area-weighted using the ratio of the area applicable to the land use-requirement combination to the total area of future new development or redevelopment in each land use. For example, the Scenario 3 cost for Medium Density Residential (MDR – 30 percent imperviousness) development ($15,400 per acre) is an areaweighted average of the MDR costs in the Western Catawba, YadkinSoutheast Catawba, Central Catawba, and Goose Creek districts, accounting for the differences in requirements among watershed districts. The area-weighted average for MDR also accounts for the difference in costs between MDR developments that will require peak control versus those that do not require peak control. The areaweighted average costs provide a reasonable cost estimate for the majority of developments in each land use. September 2005 Executive Summary p. 25 $140,000 Current Regulations $120,000 Phase II Scenario 1 $100,000 Scenario 2 BMP Cost per Acre Scenario 3 $80,000 $60,000 $40,000 $20,000 $0 Figure 5-4. 90% 85% 72% 70% 70% 66% 60% 60% 45% 41% 40% 30% 30% 19% UHMX COMM-H OI-H HMFR HMX IND MX MFR COMM-L HDR INS OI-L MDR MLDR Cost Per Acre of Site, Area Weighted by Total Changed Land Use in Mecklenburg County (excluding Huntersville) Land Use Codes MLDR: medium low density residential MDR: medium density residential OI-L: light office/light industrial INS: institutional HDR: high density residential COMM-L: light commercial MFR: multi-family residential MX: mixed urban IND: heavy industrial HMX: high density mixed urban HMFR: high density multifamily residential OI-H: office/industrial COMM-H: heavy commercial UHMX: ultra high density mixed urban Executive Summary p. 26 The major trends across land uses in Figure 5-4 can be explained by the major differences between the scenarios. Phase II generally costs more than Current Regulations due to the 85 percent TSS removal and volume control requirements. As in Figure 5-3, Scenario 1 is generally the most expensive scenario, and Scenario 3 tends to be less costly than Scenarios 1 and 2. The highest cost per acre is shown for the ultra-high density mixed urban (UHMX) and heavy commercial (COMM-H) land uses in Scenario 1, in which these land uses would require 70 percent phosphorus removal countywide. The UHMX and COMM-H costs were reduced in Scenario 2 when treatment requirements in the Central Catawba district were reduced to the minimum Phase II requirements. Scenario 3 further reduced costs for the urban land uses by allowing buy-down for water quality treatment requirements. It is important to note that the land uses above 60 percent imperviousness account for only a quarter of the future development (or forecasted changed land use), but the magnitude of difference September 2005 between scenarios is far greater for the more highly impervious land uses than for the land use with lower imperviousness. For the highly impervious land uses, the costs of additional treatment in Scenario 1 were as much as $100,000 per acre above Phase II, while land uses with low imperviousness were as little as $7,000 per acre above Phase II costs. With the off-site mitigation option in Scenario 3, this trend was reduced. The differences between Scenario 3 and Phase II costs ranged from about $10,000 to about $24,000 per acre, reflecting how Scenario 3 requirements were chosen to be more equitable across different land uses and types of development. Developments with less than 60 percent imperviousness represent about 75 percent of future projected development. As shown in Figure 5-4, implementation of Scenario 3 will cost an estimated $16,000 to $33,000 per acre for the majority of planned land uses. The areaweighted costs per acre generally decrease from high to low imperviousness. Scenario 3 is the least costly combination of post-construction requirements considering the total costs for all future development and redevelopment. Scenario 3 is also the least expensive scenario for most land uses and provides a more equitable cost per acre across different land use types. According to the consensus agreement reached in the Post-Construction Stakeholders’ Group meetings, Scenario 3 provides the preferred balance between costs and the accomplishment of the group’s post-construction ordinance goals. Scenario 3 provides the preferred balance between costs and the accomplishment of the group’s postconstruction ordinance goals. Since it is a consensus alternative, crafted to address the Stakeholders’ Group’s diverse concerns, Scenario 3 also better meets the goal of political feasibility. This is essential as communities consider adoption of the Post-Construction Stormwater Ordinance. September 2005 Executive Summary p. 27 6. Ordinance Development As a first step in the ordinance development process, a Stakeholders’ Group representing various interest groups was assembled. The group included representatives from the development community, environmental organizations, homeowners, and area residents. The group met roughly twice a month from April 2004 to September 2005. Deliberation of the Ordinance language occurred from June 9, 2005 through September 22, 2005 and encompassed seven full stakeholders’ meetings and many subcommittee meetings. Among the first items agreed to by the post-construction Stakeholders’ Group was the need to divide Mecklenburg County up into districts. It was decided that a one size fits all approach to post-construction ordinance implementation was not appropriate. Therefore, districts were drawn based upon the need for protection and other criteria. An example of one of the criteria used was the presence of a federally endangered species in Goose Creek District and the Yadkin-Southeast Catawba District, which resulted in more stringent controls on new development. Areas with a high percentage of existing development, such as the Central Catawba District, resulted in less stringent controls on new development. Figure 3-3 shows the configuration of the districts. Other factors, such as close proximity to drinking water reservoirs, resulted in more stringent levels of control. An existing post-construction ordinance in the Town of Huntersville necessitated breaking out Huntersville’s ETJ as its post-construction controls were unique. Subsequent to the recognition that certain areas of Mecklenburg County represented unique characteristics and needs, the Stakeholders’ Group began debating basic criteria that would provide the foundation for the post-construction ordinance. In order to meet the primary goals adopted to guide the ordinance development process (Section 1.2), the stakeholders established four main categories of control on new development and redevelopment that would be addressed by the post-construction ordinance. The categories are described below: • • • Executive Summary p. 28 Structural Water Quality BMPs: These controls are intended to remove water quality pollutants from storm water runoff. The ordinance targets pollutants such as TSS and TP. Stream Buffers: These controls require that areas directly adjacent to streams be set aside as natural areas. Limited disturbance may be allowed depending on the distance from the stream. Volume and Peak Control: These controls require that the additional stormwater runoff volume and peak flow rates generated by land development activities be held back and released slowly over time so as not to cause downstream erosion or flooding. September 2005 • Open Space Requirements: These controls require that a certain percentage of a developed site be preserved as undisturbed area unless mitigation is provided. Throughout the criteria selection process, the Stakeholders’ Group received modeling analyses showing the effects of each proposed criteria on simulated water quality conditions (Section 4.2). This provided the group information in selection of the criteria for each district and the effectiveness of the criteria at meeting the ordinance goals (Section 1.2). Each district has a unique combination of the aforementioned controls, depending upon the criteria mentioned earlier. Table 4-1 shows the specific controls for each of the districts included in the final ordinance. The Post-Construction Storm Water Ordinance language was initially developed from a model ordinance prepared by the State of North Carolina. The initial ordinance was presented to the Stakeholders’ Group in April of 2005. Deliberation of the ordinance language occurred from June 9, 2005 through September 22, 2005 and encompassed seven full stakeholders’ meetings and many subcommittee meetings. All aspects of the final draft ordinance were agreed to by consensus of the full Stakeholders’ Group. All aspects of the final draft Ordinance were agreed to by consensus of the full Stakeholders’ Group. The Post-Construction Storm Water Ordinance seeks to meet its general purpose (satisfaction of the Ordinance Goals – Section 1.2) through several specific objects, several of which are listed below: • • • • • • • Establish the decision making processes for new development; Minimize the changes to site and stream hydrology, which will help to minimize pollution, site and streambank erosion, and downstream flooding potential; Establish minimum post-construction storm water management standards; Establish design and review criteria and processes for new development and redevelopment; Establish criteria for the use of green-space and conservation areas; Establish long-term maintenance responsibility for BMPs; and, Establish administrative procedures for the plan submission and review. The ordinance also defines an appeals and variance hearing process, which empowers the Storm Water Advisory Committee (SWAC) to hear and decide upon all appeals and variances to the post-construction ordinance. Furthermore, the ordinance defines certain buy-down and payment-in-lieu options, which allow developers to pay into a fund if circumstances prohibit the onsite implementation of certain ordinance provisions, such as open space and total phosphorus treatment. The ordinance designates the jurisdictions responsible for maintenance of BMPs treating runoff from single family developments. September 2005 Executive Summary p. 29 7. Implementations Steps and Considerations A few of the actions that will take place before the Ordinance becomes effective include City and County legal review, presentation to elected officials, and public hearings. The consensus building and ordinance development process took approximately 18 months to complete. However, there is much work to be completed before the post-construction ordinance can take effect. The stakeholders plan to adjourn on September 22, 2005. After this time, City and County staff will move into the implementation phase of the project and complete key steps in order to put the ordinance into practice in 2006. A few of the actions that will take place before the ordinance becomes effective include City and County legal review, presentation to elected officials, and public hearings. If any significant revisions to the ordinance language are required by the City and County legal staff or elected officials, Marc Cramer (representing REBIC) and Rick Roti (representing the Sierra Club) have agreed to be available to represent the stakeholders on those adjustments. Additionally, the entire Stakeholders’ Group will be invited to attend presentations to elected officials to show support and answer questions regarding the consensus building process. The following milestones and schedule have been set in order for the post-construction ordinance to become effective: Milestone Executive Summary p. 30 Scheduled Date City/County staff and legal perform extensive ordinance review October 2005 Presentation to Town staff October 2005 Reach consensus on any revisions based on staff review with Marc Cramer, Rick Roti, and etcetera November 2005 Presentation to elected officials December 2005 or January 2006 Public workshops March 2006 Elected official public hearing March 2006 Elected official approval April 2006 Submit to state for approval April 2006 State approval May/June 2006 Finalize Best Management Practices Design Manual June 2006 Developer/Engineer training Ongoing beginning June 2006 Contingency 90 days Effective date On or before October 1, 2006 September 2005 Among many others, a very important consideration to implementation of the ordinance will be development of a BMP design manual. The City and County will be working to deliver a design manual by the time the ordinance takes effect. The design manual will support recommendations from the post-construction controls Stakeholders’ Group to meet the goals of the process. The manual will provide design guidelines for stormwater control of new development and redevelopment that allows flexibility in meeting watershed protection goals. This will be accomplished by 1) providing useful information for sizing water quality BMPs to meet the required removal efficiencies for pertinent pollutants, 2) providing specifics for plantings, vegetation establishment, outlet control structures, slopes, and infiltration rates, where applicable, and 3) providing an inspection and maintenance schedule to ensure adequate long-term functionality of the facility. The goal is to develop a useful tool for the development community that utilizes the best national information for meeting the required objectives of the ordinance. The City and County plan to provide training on the use of any design aids created to support implementation of the ordinance. It is anticipated this training will facilitate transition into these new regulations to control stormwater runoff. September 2005 A very important consideration to implementation of the ordinance will be development of a BMP design manual that provides design guidelines for stormwater control of new development and redevelopment. Executive Summary p. 31 8. References USEPA, 2000. Storm Water Phase II Final Rule: Post-Construction Runoff Control Measure, EPA 833-F-00-009, Fact Sheet 2.7. Tetra Tech, Inc., 2005a. Post-Construction Ordinance Development Phase 1 Report. Tetra Tech, Inc., 2005b. Post-Construction Ordinance Development Phase 2 Report (in production). Executive Summary p. 32 September 2005