KENT COUNTY STORMWATER MAINTENANCE DISTRICT

Transcription

1 KENT COUNTY STORMWATER MAINTENANCE DISTRICT 2015 VUSP Stormwater Symposium Villanova, Pennsylvania David Athey, PE, CPSWQ, CMS4S AECOM (previously with Duffield Associates) Sarah Keifer, AICP Kent County, Delaware

2 Maintenance District Summary County maintains SWM structures for a fee Modeled after other districts which already exist Requirement for new developments to join Made available to existing developments

3 Maintenance District Summary Geared towards HOAs but open to commercial Properties in incorporated areas can join with authorization from local municipality Work performed / contracted by Conservation District

4 Maintenance District Summary No known examples of other jurisdictions taking on task without stormwater utility funding stream Biggest question how much to charge?

5 Major Steps Categorized / defined maintenance tasks Researched typical maintenance costs Assessed options for cost allocation Determined revenue collection process Developed administrative aspects of program

6 Current Situation Nearly 1,000 basins and BMPs in Kent County, Delaware Roughly 500 subject of SWMD (unincorporated County) Maintained by HOAs and commercial property owners On-going concerns about effectiveness and long-term costs Varying degrees of upkeep Routine tasks usually performed Minor maintenance often not being done Major restorations seldom planned

7 Agencies Involved Kent County Levy Court Responsible for planning and land use decisions Petition and public hearing process in place for other types of services such as sewer districts Has legislation and taxing authority Kent Conservation District Delegated agency responsible for implementing State Stormwater Regulations in Kent County Has authority for stormwater plan review/approval and construction and post-construction inspection Provides technical assistance for drainage and flood control

8 Coordination with HOAs On-going dialogue with HARP since 2012 Community Outreach Governance Billings and delinquencies Maintenance of stormwater management structures Legal considerations Agreements with individual HOAs Easements and Access Liability / Insurance Other tasks performed by County for HOAs Billing Repository of information

9 Typical Maintenance Tasks Routine maintenance Grass cutting, vegetative management, trash removal, fencing, signage Minor maintenance Sediment removals, clearing of obstructions, flow channel stabilization, erosion repair Major maintenance Outlet structure or inlet pipe replacement, embankment repair, complete rehabilitation

10 Proposed Services by SWMD Routine maintenance Too many variables to assign a per lot cost Handle on case by case basis Minor maintenance Responsibility of SWMD * Major maintenance Responsibility of SWMD * * Initially considered separately but ultimately combined

11 Three Approaches for Revenue Fee on subdivision by subdivision basis Most equitable but wide range of fees across District Single fee regardless of size or number of structures Simplest to implement but potentially inequitable No fee but use general revenues Politically difficult even though all residents would benefit

12 Variability in Assigning Costs Inconsistent data and terminology Commonly based on structure size or volume Multiple variables effect estimates Type of structure (pond, BMP, etc.) Regulatory context and bases for design How well a structure was built Degree of prior upkeep

13 References Reviewed BMP-REALCOST Urban Flood Control District in Denver, Colorado Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North Carolina North Carolina Cooperative Extension and North Carolina State University Costs of Stormwater Management Practices in Maryland Counties University of Maryland Center for Environmental Science

14 UMCES Report Two Tiers of Maintenance Costs Quantified Tier 1 corresponded to routine and minor maintenance costs Further distinction needed to break out routine Tier 2 corresponded to major maintenance costs End result needed total minor and major costs without including routine

15 Single Fee Approach Adopted Huge dispersions with subdivision by subdivision basis Nearly two orders of magnitude difference Accounting concerns if multiple rates adopted Cost of billing could be large percentage of bill No support for use of general revenues Essentially a non-starter

16 Program Cost Estimation Weighted Structure Maintenance Costs in Subdivisions Type Total Minor + Major Number Costs - Routine Subtotal Bio-Swale 47 $370 $17,390 Dry Pond 50 $840 $42,000 Infiltration 23 $530 $12,190 Wet Pond 173 $600 $103,800 Totals $175,380 $175,380 / 293 = $599 average cost per structure $599 = $600 +/- $600 x 25% uncertainty factor = $750 per structure per year

17 Program Cost Estimation Structures per subdivision Average = 1.78 structures per subdivision Median = 1.0 structure per subdivision Assumed structures per subdivision = 2.0 Homes per subdivision Average = 105 homes per subdivision Median = 73 homes per subdivision Assumed homes per subdivision = 75

18 Program Cost Estimation $750 x 2 structures per subdivision = $1,500 per subdivision per year $1,500 / 75 lots per subdivision = $20 per lot per year $20 with 15% administration fee = $23 per lot per year $23 rounded up = $24 per lot per year Capital set aside = $6 per lot per year Subtotal = $30 per lot per year Reset through public hearing process = $28 per lot per year

19 Commercial Properties Equivalent Residential Unit (ERU) Approach Used One ERU for Kent County Growth Zone = 3,500 sq. ft. 353 impervious acres = 4,389 ERUs / 133 basins = 33 ERUs per basin Locations <= 33 ERUs flat fee of $1, per year Locations > 33 ERUs will pay $34.80 per ERU per year

20 Regulatory Authority Enabling legislation at State level for districts Existing include wastewater, sidewalks, street lights, etc. Restrictions and limitations Ordinance drafted by Kent County Voluntary participation for existing development Mandatory for all new residential & mixed use development Uniform fee structure Subdivisions within municipalities may participate Implementation & Oversight MOU with Conservation District Establishment of Technical Advisory Committee Levy Court establishes annual budget

21 Application Process Representative submits letter of intent to petition KCD issues assessment report based on facility s current condition Needed repairs must be completed before joining SWMD HOA or commercial owner funded repairs or through loans Petition submitted with 51% of lot owners signing Initial concerns by HOAs on ability to get to 51% County may consider lesser requirement in future Public hearing held Upon approval, fee collection begins Record covenants giving District access to stormwater infrastructure

22 Administrative Provisions Contracting by Conservation District Minor, major, and emergency repairs performed with internal resources or contract with private contractors Routine maintenance activities contracted out to qualified private sector professionals Formation of Technical Advisory Committee Assist in review and prioritization of capital projects, annual budget, and general administration of the SWMD Includes County and Conservation District staff, DNREC, private sector engineers, private stormwater maintenance company, and a citizen representative

23 Public Outreach with HOAs Three informational public workshops held Located in different parts of the County In addition to the formal public hearings Meetings with individual Homeowners Associations Answer questions specific to each community Positive response Increased awareness of stormwater Fact sheet and HOA handout available Informational page on County website Information included with maintenance inspection report

24 Progress to Date 26 Letters of Intent 17 Assessments / O&M Plans completed 15 Petitions Completed In each case 51% met or exceeded 7 Resolutions completed 3 within municipalities First billing cycle completed

25 Applicability in Other States Governance in Pennsylvania Different than Delaware Pennsylvania has townships / Delaware does not Unincorporated areas in Delaware governed by counties Counties in Delaware have more authority and services 2013 PA Municipality Authorities Act Amendment Authorized new or existing authorities to take on stormwater planning, management and implementation Projects need to be authorized and defined by an authority s articles of incorporation Maintenance of privately-owned basins could be first step towards broader program

26 SWM District will Solve problems inherent with reliance on private entities Relieve lay people of responsibilities Improve maintenance and water quality Reduce overall costs due to economies of scale Segue to better management of entire system

27 KENT COUNTY STORMWATER MAINTENANCE DISTRICT David Athey, PE, CPSWQ, CMS4S AECOM (previously with Duffield Associates) Sarah Keifer, AICP Kent County, Delaware