KENT COUNTY STORMWATER MAINTENANCE DISTRICT

2015 VUSP Stormwater Symposium

Villanova, Pennsylvania

Sarah Keifer, AICPKent County, Delaware

David Athey, PE, CPSWQ, CMS4SAECOM (previously with Duffield Associates)

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

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

Maintenance District Summary

No known examples of other jurisdictions taking on task without stormwater utility funding stream

Biggest question – how much to charge?

Major Steps Categorized / defined

maintenance tasks Researched typical

maintenance costs Assessed options for cost

allocation Determined revenue collection

process Developed administrative

aspects of program

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

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

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

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

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

*

*

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

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

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

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

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

$175,380 / 293 = $599 average cost per structure$599 = $600 +/-

$600 x 25% uncertainty factor = $750 per structure per year

Program Cost EstimationWeighted Structure Maintenance Costs in Subdivisions

NumberTotal Minor + Major

Costs - Routine SubtotalType

Bio-Swale 47 $370 $17,390

Dry Pond 50 $840 $42,000

Infiltration 23 $530 $12,190

Wet Pond 173 $600 $103,800

Totals 293 - $175,380

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

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 yearCapital set aside = $6 per lot per yearSubtotal = $30 per lot per yearReset through public hearing process = $28 per lot per year

Program Cost Estimation

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 $1,087.50 per year Locations > 33 ERUs – will pay $34.80 per ERU per year

Commercial Properties

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

Regulatory Authority

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

Application Process

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

Administrative Provisions

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

Public Outreach with HOAs

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

Progress to Date

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

Applicability in Other States

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

KENT COUNTY STORMWATER MAINTENANCE DISTRICT

Sarah Keifer, AICPKent County, Delaware

David Athey, PE, CPSWQ, CMS4SAECOM (previously with Duffield Associates)

http://www.co.kent.de.us/planning-dept/planning/stormwater-management-district-program.aspx