Updating Local Codes and Ordinances to

Promote Green Infrastructure

2013 Conference - Challenges and Solutions Using

Low Impact Development

Thursday, May 2, 2013

Jayme Breschard Thomann, Senior Planner, CFM

Genesee/Finger Lakes Regional Planning Council

Overview

•Why is stormwater runoff a problem?

•Permit requirements

•How can green infrastructure help?

•What are the barriers to green

infrastructure?

•Model development principles

Source: http://www.dec.ny.gov/chemical/66532.html

Reducing Runoff with

Green Infrastructure

The Stormwater Construction Permit

You need a permit if:

Activities disturbing 1 acre or more of soil

Stormwater Pollution Prevention Plan (SWPPP)

1. Runoff Reduction 2. Water Quality Treatment

3. Water Quantity Treatment

Reduce 100% of the Water Quality Volume

Minimums are:

55% on A soils, 40% on B soils, 30% on C soils,

& 20% on D soils

Chapter 5:

Green

Infrastructure

Practices

Standard Practices

• Stormwater ponds

• Stormwater wetlands

• Infiltration practices

• Filtering practices

• Open channel practices

19 standard practices

Green Infrastructure Practices

• Planning practices for preservation of

natural features and conservation

• Planning practices for reduction of

impervious cover

• Green infrastructure techniques for

runoff reduction

23 new practices

Benefits

Reduce runoff volume, peak flow, and flow duration

Slow down the flow to increase time of

concentration and promote infiltration and

evapotranspiration

Improve groundwater recharge

Protect downstream water resources, including

wetlands

Reduce downstream flooding and property damage

Reduce incidence of combined sewer overflows

Provide water quality improvements/reduced

treatment costs

Reduce thermal pollution

Improve wildlife habitat

Obstacles

Perception that performance is unknown

Perception of higher costs

Perception of resistance within regulatory

community

Perception of conflict with principles of Smart

Growth

Unfamiliarity with maintenance requirements and

costs

Conflicting codes and ordinances

Lack of government staff capacity and resources

Local law assessment

Code and Ordinance

Worksheet

1. Residential Streets and

Parking Lots

2. Lot Development

3. Conservation of Open

Areas

Total of 22 questions

Total of 100 points

available

Less than 60

Zoning ordinance

Subdivision regulations

Stand-alone laws

Design Criteria/

Construction Specifications

Water Quality Scorecard

1. Protect Natural Resources

(Including Trees) and Open Space

2. Promote Efficient, Compact

Development Patterns and Infill

3. Design Complete, Smart Streets

that Reduce Overall

Imperviousness

4. Encourage Efficient Provision of

Parking

5. Adopt Green Infrastructure

Stormwater Management

Provisions

Total of 257 points available

+ Open space or

natural resource plans and

comprehensive plans

Conflicts

• New York State Fire Code

• 2010 Standards for Accessible Design,

Americans with Disabilities Act

• Manual on Uniform Traffic Control Devices

(MUTCD)

Adopting GUIDANCE

Provides flexibility, but makes clear

statement of intent to use green

infrastructure/low impact development

Often a “kinder, gentler” way to introduce

green infrastructure techniques

Usually still allows some discretion or

wiggle room to use conventional techniques

Adopting STANDARDS

Makes it CRYSTAL CLEAR what’s allowable

Takes uncertainty out

Can become as inflexible as the originals,

especially if design standards, products, or

regulations change

Next Steps

Code and Ordinance Worksheet

www.gflrpc.org/ProgramAreas/Planning/WaterResources/COWForm.pdf

Updating Local Codes to

Cultivate Green Infrastructure and

Foster Sustainable Stormwater Management

http://water.epa.gov/infrastructure/greeninfrastructure/gi_training.cfm

Jayme Breschard Thomann

jbreschard@gflrpc.org

(585) 454-0190 x12