“By Ordinance or Other Regulatory Means…”Meeting the Challenge of New Stormwater Rules

Smart Growth and LID – background

How do Smart Growth and LID appear in permit language?

How does this translate into the local codes and management plans you work with?

Avoiding code heartburn – anticipating and dealing with conflicts

What this presentation will What this presentation will cover…cover…

Why Are We Talking About Planning and Land Why Are We Talking About Planning and Land Development Regulations?Development Regulations?

• The new Phase II rules The new Phase II rules (2003) change (2003) change everythingeverything– Post ConstructionPost Construction– Overarching for Phase I Overarching for Phase I

cities and even cities and even unregulated areas.unregulated areas.

– Emerging – construction Emerging – construction general permitsgeneral permits

• Attention to “impervious Attention to “impervious cover”cover”

• The Phase II directive to The Phase II directive to implement via implement via “ordinances or other “ordinances or other regulatory mechanism.regulatory mechanism.

Why Does this Matter for Why Does this Matter for Stormwater Practitioners?Stormwater Practitioners?

The Obvious Where and How Development and

Conservation Occur Matters to StormwaterMaking Use of Scarce Local ResourcesBrings your work on plans and ordinances to

the “front burner”The Not-so-ObviousMultiple, Simultaneous Processes for Public

Input & EducationMultiple timelines

Skills Sets – not just water quality anymoreImpervious cover is an imperfect way of

dealing with stormwater, but now plays predominant role.

The Intersection of Land Development and The Intersection of Land Development and Stormwater - Impervious CoverStormwater - Impervious Cover

• The early years– Imperviousness as an indicator– Use of thresholds

• The awkward teen years– “Well… if watersheds begin to decline

at 10% imperviousness…. Then let’s keep sites at 10%”

– Recognition that addressing imperviousness meant getting into land development codes

What Does holding each site at 10% What Does holding each site at 10% get you?get you?

Source: www.Sprawlaction.org

Oh Yeah… You call this good for Oh Yeah… You call this good for the environment?the environment?

St. Charles – Traditional Town Development in Missouri

Program Planning at Various Scales

Need to expand the scale of current stormwater planning

Smart Growth Techniques and their Smart Growth Techniques and their Relationship to Managing RunoffRelationship to Managing Runoff

• Smart Growth counterparts– Comprehenisve regional

planning• Pay more attention to

neighborhoods– restoration

• redevelopment/infill– density– compact design

– reducing the # of spaces

– better street design

• Traditional “water” techniques– watershed planning

• Pay more attention to subwatersheds

– restoration• streams & habitat

– “cluster” zoning– reduce impervious

surface coverage– water friendly

landscaping in parking lots

– better street design

• Development from Watershed’s Development from Watershed’s Point of ViewPoint of View– Preserve ecologically significant Preserve ecologically significant

areasareas– Target & Direct developmentTarget & Direct development– Make maximum use of previously Make maximum use of previously

development sitesdevelopment sites– RetrofitRetrofit

• Watershed from Development’s Watershed from Development’s Point of View (What can I do for Point of View (What can I do for You?)You?)– Efficient FootprintEfficient Footprint

• Mix of uses that relates to trip-Mix of uses that relates to trip-makingmaking

• Mix of transportationMix of transportation• ConnectivityConnectivity

– Once the pattern is settled – better Once the pattern is settled – better site designsite design

How do we get the best of “green” at the How do we get the best of “green” at the site, neighborhood and regional level?site, neighborhood and regional level?

How Did EPA Address this in How Did EPA Address this in Phase II Regulations?Phase II Regulations?

The Federal Register notice presented a wide range of options that cover numerous scales of application that are locally appropriate.

Several larger goals listed – minimize disturbance, try to maintain pre-development runoff characteristics, minimization of % impervious cover

Regional/Watershed ScalePreserve tracts of ecologically valuable open spaceWatershed Planning

District/Sub-basin Scale Infill Direct Development to Areas with Existing InfrastructureMinimize directly connected impervious surfaces

Site Level ScaleLID techniquesCombinations of structural and non-structural techniques

Translation into Permit LanguageTranslation into Permit Language

Aligning comprehensive planning with watershed planningAligning planning with Code and Ordinances

Street Design1. Location and alignment of streets2. Geometric Standards3. Retrofitting Roadside edges

Audit Zoning CodesParking

1. Amount and location of parking2. Hardscape in Parking Lots

District DesignDistrict and Subdivision Design

1. Cluster2. Mixed Use

Elements of a Comprehensive PlanElements of a Comprehensive Plan

– Baseline Assessment of Existing Conditions

– Trends– Goals– Objectives– Action Plan

• Multi-Faceted– Land-use patterns– Housing conditions – Population – Transportation– Infrastructure

Plans and CodesPlans and CodesJoint stormwater and land use plans are on the horizonJoint stormwater and land use plans are on the horizon

Subwatershed map What to Preserve Map

Mitigation ScoresImpervious Cover

St Joseph River Watershed Assn

Street Designs and Stormwater Impacts?

• Streets represent high proportion of imperviousness in watersheds

• “skinny streets” reduce overall imperviousness

• Momentum is high to reduce widths for a variety of community outcomes

• Challenges– Wide streets have a constituency

• Emergency response

– Sidewalks – good for transportation but bad for stormwater?

– Competition for street space for parking, bike lanes, wider walkways

Opportunities - Opportunities - Street DesignStreet Design

• From the Santa Clara Valley Urban Runoff Pollution

Prevention Program permit

• “j. Site Design Guidance and Standards Development

– The Dischargers shall review their local design standards and guidance for opportunities to

make revisions that would result in reduced impacts to water quality and beneficial uses of

waters... Areas that may be appropriate to address include the following, which are offered as

examples:….

• 3. Minimum impact street design standards for new development and redevelopment,

including typical specifications (e.g. neo-traditional street design standards and/or

street standards recently revised in other cities, including Portland, Oregon, Vancouver,

British Columbia);... “

Alternative Design – The role of District DesignAlternative Design – The role of District Design

Picture AConventional Subdivision

designTotal Street –76,680 ft2

Picture BTraditional Neighborhood

DesignTotal Street – 92,610 ft2

Tom Low, DPZ

Per unit – 2,018 ft2

Per unit –634 ft2

CNU/ITE street designs handbookCNU/ITE street designs handbook

Institute for Transportation Engineers and Congress for New Urbanism – With funding from

EPA and FHWA

• Example of offering alternatives to standard codes – not one size fits all– Gives engineers options to

the “cookbook.”

• Meeting Level of Service Standards as well.

Local Government Commission

Basic Zoning TermsBasic Zoning Terms“In developing your program, you should

consider assessing existing ordinances, policies, programs, and studies that address stormwater runoff quality.”

Zoning typically regulates– Uses

• eg. Residential, agricultural

• typically separate – C1 or R-2

– Height• either by # floors or gross

height• Floor area ratio (FAR)

– Lot coverage• Yard requirements• Setbacks• driveways• build to lines

– Parking

Zoning and Impervious CoverZoning and Impervious CoverZoning typically

regulates– Separate Uses

• Segregated tripmaking• “Retail follows

rooftops”

– Height • Limitations means

growth goes out not up

– Lot coverage• Minimum lot sizes

drives neighboring lots apart

• Minimum setbacks reduce intensity

• Even impervious cover limits can drive excess coverage

Basic Zoning- Cut to the ChaseBasic Zoning- Cut to the Chase

How are cities and counties going to overcome these code obstacles within codes?

Sub-area Planning is one of the best ways to coordinate efficiency

How are stormwater managers supposed to engage?

1. Stormwater managers sit at the front end of project planning and site plan approval.

2. Stormwater managers become experts in code language & innovationOverlay zones, floating zones,

transfer of development right zones, mixed use zoning, annexation rules

Impervious Cover & Parking Impervious Cover & Parking requirementsrequirements

“We plan for the 365 day parking event” –

Nikos Singeles

StudiesOlympia Washington (1993)Typical occupancy rates 40-60%Two thirds had occupancy <75% at peak

Connecticut (2005)Code dictates 5.5 spaces/1000 ft2

Peak usage supply – 2.3 spaces/1000 ft2

Where do Excess Spaces Come From?

– The Parking Space Stork• ITE - “Parking Generation”

– Dictates parking minimums– Criticized for over-supply

Impervious Cover & Parking Impervious Cover & Parking requirementsrequirementsParking assessed one site at a time

• Opportunities for sharing an afterthought– Lender requirements

• Risk in too little parking– No incentive to study parking utilization

• So what if we installed too much?– Opposition to shared parking

• Liability and trash pick up– View there is no cost to excess parking

• Although utility fees and land costs a factors

– Assigned spaces• Perk within leases• Takes spaces out of “pool”

– How Parking is Calculated• Rounding Up• Including square footage without drivers

(stairwells, mechanical rooms)

Parking, continuedParking, continued

• Space for Spaces– Rule of thumb - 200 square

feet per space– Actually - each parking space

(total) ~330 – 380 ft2

impervious surface with drive aisles, circulation, access

– Most codes cap the building footprint (example – 30 % of gross site)

– Few cap parking lot size– Big boxes could not exist

within this code– Won’t green parking solve

everything?• Knocking down trees to install

pervious pavers still a net negative for the watershed

Parking & IC - RedevelopmentParking & IC - Redevelopment

• Barrier to redevelopment or improvement– Older buildings must meet

new parking space numbers even when not needed

• Circulation Requirements– Trucks cannot block alleys

or streets– Hence, extra room needed

on site

• Use of On-street parking– It’s already there

This is a water quality problem

Critique This Picture- ParkingCritique This Picture- Parking

EPA

Opportunities - ParkingOpportunities - Parking

From North Central Texas Council of Governments (NCTCOG) stormwater guidance

“2. Minimize impervious surfacesImpervious surfaces are those such as roads, parking lots, driveways, and rooftops, that don't allow infiltration of storm water into the ground…Narrower streets and smaller parking lots benefit the environment and can make a development more attractive as well.

Reduce parking lot size by lowering the number of parking spaces (minimum and maximum ratios) and by sharing parking among adjacent businesses - Zoning Ordinance, Development/Engineering Standards

Reduce parking requirements for developments in proximity to public transportation - Zoning Ordinance

Provide incentives or opportunities for structured parking rather than surface parking - Zoning Ordinance”

Subdivision RegulationsSubdivision RegulationsSubdivision Regulation

ComponentsMany mandate one useEven Planned Unit

Developments are not necessarily true mixed use

Transportation Internally oriented Ped/bike access inconvenientTrails do not link everyday tripsStreet design left to individual developer

How Do Subdivision Regulations Drive Impervious cover?

Typical subdivision requirements (Ben-Joseph, 2003)

– 5000 square foot lots– 56 foot street right-of-way– 20 foot driveway setbacks– 50% pavement.

• Open Space requirements– Over 80% have open space requirement– 50% - mandatory in regulations– Can serve to spread development out

• Non Residential IC – the real driver– Loudoun County – 12 trips/day/household

• There are 10 parking spaces just waiting• Ripples across built landscape• On-site requirements – inefficient layout drives

inefficient stormwater handling.

The Ultimate in Conservation Design The Ultimate in Conservation Design

– Redevelopment– Redevelopment

Opportunities – Infill & Redevelopment

• “Non-structural BMPs are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure,…”

EPA Phase II regulations, 1999

The Challenge with Redevelopment

Redevelopment is almost universally more difficult to undertake than new developmentWhy?

Tight Building Environment

Going up against existing zoning

Going up against existing neighbors

Requires Coordination

Designadvisor.org

Meeting Challenges

Dim Sum versus Combination Plate watershed planning

Too many codes jump into site level BMPs without considering the larger pattern.

EPA recommends hierarchy of BMP planning

Identify and preserve lands and open space first

Identify where to develop on a less disturbing footprint

Yummy, easy swale dumplings

Not sure I want to digest infill thingy

Avoiding Code HeartburnOne Size Fits all ordinances

for New Development and Redevelopment

Appealing because• Easy to write• Easy to Administer• Easy to Defend• Easy to Measure and Report

for Compliance• Easy to Delegate to

Developer

ExamplesCluster subdivisionsUniform impervious cover limits

Avoiding Code HeartburnThe Heartburn?Low Impact Label – Caldwell

Farms, MassachusettsBecause the stormwater rules

are strong in both federal (CWA) and local (ordinances) regulations, hydrology equations dominate (and even overwhelm) the environmental analysis.

End up with a highly disturbed watershed even as each individual project sailed through the hydrology review.

Avoiding Code HeartburnThe Heartburn?Infill and redevelopment emerging as “the

ultimate in conservation design”However, code language can work against

redevelopment. The challenges• Much of the ripe redevelopment sites

are in highly impacted watersheds and must be part of the solution

• Performance standard conundrum – LID cheaper and easier for 1-year storm, but not 5 year.• Will high performance standards kill

LID?

• Economic development conundrum – Areas that need BMP benefits can’t even attract redevelopment under current rules.

• Regulation Conundrum – trigger is development or redevelopment• But not remodeling…..

More Information?

Lisa Nisenson

Nisenson Consulting

1549 Ringling Blvd

6th Floor

Sarasota Florida

Lisa@nisenson.net

www.nisenson.net

202-744-6854 (mobile)