Loading...
HomeMy WebLinkAboutItem 01 Water Quality Facilities in Subdivisions - Compliance Issues AGENDA ITEM SUMMARY Meeting Date: 3/25/2013 Meeting Type: Work Session Staff Contact/Dept.: Meghan Murphy, DPW Bill Hamann, DPW Brian Conlon, DPW Staff Phone No: 541-744-3385 Estimated Time: 30 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: WATER QUALITY FACILITIES IN SUBDIVISIONS – COMPLIANCE ISSUES ACTION REQUESTED: No action is required. This material is for information only. ISSUE STATEMENT: Since the early 1990’s the City’s Development Code has required the installation of stormwater management systems (both structural and non-structural Water Quality Facilities (WQFs) in public and private developments through the development review and approval process. Staff has found that business owners are generally proactive and willing to maintain their WQFs. In contrast, achieving compliance for WQFs in subdivisions and maintaining City owned WQFs has been more problematic. Seasonal staff resources may be needed to more effectively manage these facilities. ATTACHMENTS: 1. Council Briefing Memorandum DISCUSSION/ FINANCIAL IMPACT: The purpose of stormwater management is to, by mimicking natural hydrology, improve water quality, and collect and effectively convey stormwater runoff. The WQF Management Program was implemented in 2010 and is an inspection and compliance program to ensure that both public and private systems are effectively maintained. There are currently 38 WQFs that the Environmental Services and Operations Divisions oversee and regulate; 10 City owned and maintained WQFs, 10 Private WQFs with negotiated maintenance agreements (City to maintain system functionality), and 18 private WQFs where systems maintenance is the responsibility of the homeowners associations (HOAs). Many of these WQFs, such as detention ponds in multiple lot subdivisions, are in poor functional condition and need attention. Achieving compliance for WQFs that serve multiple properties in subdivisions has been much more challenging. Many homeowners and residents were unaware of the HOA’s responsibility to maintain their WQFs. Another problem is that many HOAs are administratively dissolved or non-functioning making communication and enforcement difficult. HOAs often lack the funding and knowledge to properly maintain these facilities. Staff continues to dedicate many hours pursuing formal compliance solutions and facilitating WQF education and outreach to meet regulatory obligations. ATTACHMENT 1 Page 1 of 3 M E M O R A N D U M City of Springfield Date: 2/19/2013 To: Gino Grimaldi, City Manager COUNCIL From: Meghan Murphy, ESD Water Resources Tech Bill Hamann, ESD Water Programs Manager Brian Conlon, Operations Division Manager BRIEFING Subject: WATER QUALITY FACILITIES IN SUBDIVISIONS – COMPLIANCE ISSUES MEMORANDUM ISSUE: Since the early 1990’s the City’s Development Code has required the installation of stormwater management systems (both structural and non-structural Water Quality Facilities (WQFs)) in public and private developments through the development review and approval process. Staff has found that business owners are generally proactive and willing to maintain their WQFs. In contrast, achieving compliance for WQFs in subdivisions and maintaining City owned WQFs has been more problematic. Seasonal staff resource is needed to more effectively manage these facilities. COUNCIL GOALS/ MANDATE: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality. BACKGROUND/DISCUSSION: The Water Quality Facility (WQF) Management Program was implemented in 2010 and continues to be managed by the Water Resources Section of Environmental Services. Over that time, business owners who have gone through the program have generally been willing and eager to maintain their WQFs. The program has been successful in achieving compliance with WQFs that serve single properties. Achieving compliance for private WQFs that serve multiple properties in subdivisions has been much more challenging. Many homeowners and residents were unaware of the Homeowners Association (HOAs) responsibility to maintain their WQFs. Another problem is that many HOAs are administratively dissolved or non-functioning making communication and enforcement difficult. HOAs often lack the funding and knowledge to properly maintain these facilities. Staff continues to dedicate many hours pursuing formal compliance solutions and facilitating WQF education and outreach to meet regulatory obligations. Regulatory Context: The City of Springfield Stormwater Management Plan (SWMP) establishes goals, policies, and implementation actions that will achieve the City Council’s long term objectives and ensure compliance with the City’s National Pollutant Discharge Elimination System Phase II Municipal Separate Storm Sewer (MS4) permit. In support of the SWMP’s Minimum Control Measure #5 (Post-Construction Stormwater Management for New Development and Redevelopment), City staff developed theWQF Management Program. This program’s goal, according to the City’s MS4 permit, is to “ensure adequate long-term operation and maintenance of Best Management Practices (BMPs) and ensure adequate enforcement of the ordinance or alternative regulatory program.” ATTACHMENT 1 Page 2 of 3 Program Background & Elements: The City requires the installation of stormwater management systems (both structural and non-structural) in private developments through the development review and approval process. The purpose of stormwater management is to mimic natural hydrology, improve water quality, and to collect and effectively convey stormwater runoff. The WQF Management Program is an inspection and compliance program to ensure that both public and private systems are maintained over time. Staff inspects facilities every three to four years and determines the condition of each WQF. The property owner and manager are mailed the inspection results, maintenance recommendations, required corrective actions (for non-functional facilities), inspection logs, maintenance checklists and fact sheets for each type of facility, a native plant poster, an invasive plant booklet, and stormwater program information. Staff then works with the property owner/manager to bring the facility into compliance. Education is the first step in gaining compliance. If property owners repeatedly fail to respond or to maintain their facility, they may be in violation of the Land Use Decision, Development Agreement, and/or Stormwater Treatment Facilities Operation and Maintenance Agreement associated with their property. They may be subject to a civil citation. History of WQFs in Subdivisions: In 2002, staff recommended to Council that WQFs in subdivisions be owned and maintained by the City. Council determined that there was too much risk to take on ownership and responsibility for all WQFs in subdivisions and left it up to staff to determine, for each facility, whether it should be owned by the City or HOA. Council also determined that those owned by the HOA should enter into a maintenance agreement and easement with the City, which council adopted in 2002 through the Engineering Design Standards and Procedures Manual (EDSPM). For reference, the City of Springfield 2002 EDSPM Section 3.01 states: “.. it is the general intent of the City of Springfield to provide maintenance by the City to assure the proper functioning of all portions of a stormwater system which provide stormwater drainage or water quality service to multiple properties, including the public right-of-way, including water quality and detention ponds which serve such purposes. All such facilities shall, therefore, be designed in accordance with all requirements of design and maintenance access as laid out in this Section 3.00 Stormwater Quality or Section 4.00 Stormwater Capacity of this Manual or as specifically directed by the City Engineer. or portions of the system which remain in private ownership, such as those water quality or detention ponds owned by homeowners associations in subdivisions, the City maintenance rights and responsibilities will be laid out in an agreement with the underlying facility owner. It is NOT the intent of the City that storm drainage or water quality facilities which serve single ownerships, or for some other reason are not deemed to be “public” in nature, be maintained by the City. These shall be maintained by the private owners of the facilities.” The 2012 version of the EDSPM Section 3.01 is similar, but the sentence about facilities that serve multiple properties has been removed. Post-2002 Update: This has resulted in a variety of ownership and maintenance responsibilities. Some facilities in subdivisions are owned and maintained by the City. Others are owned and maintained by HOAs. In addition, many facilities in subdivisions do not have signed maintenance agreements with the City. Several of these facilities are maintained by City ATTACHMENT 1 Page 3 of 3 Operations staff by default if the HOA is defunct, which is an unfunded increase in Operations staff work load. Residents throughout the City pay the same stormwater user fee rate to maintain and operate the public stormwater system. Additionally, where private WQFs are maintained by HOAs in subdivisions exist, HOA members are expected to pay dues to maintain these facilities. Facilities in subdivisions accept public (i.e. street) runoff, thus the City has a responsibility to ensure these facilities function long term, regardless of who owns the land. The City also needs to meet its MS4 permit requirements, which regulates runoff from municipal properties (like streets). Staff supports the idea of the City’s Operations Division eventually taking over maintenance and ownership (or easement) for existing facilities that accept public runoff or serve multiple properties. This would impact approximately 18 sites with existing WQFs. Potential benefits of City maintenance/ownership include: • Facilities become amenities to the community • Improve wildlife habitat and surface and ground water quality • Reduce flooding potential • Reduce enforcement issues - No fining of residents/HOA • The WQFs are maintained Potential costs include: • Increase of Operations staff time • Increased summer crew labor • Sediment removal, vegetation, etc. • Land value if purchased • Possible increased equipment needs Staff proposes $40,000 in additional funding from the Stormwater Operations Fund to begin an effort to maintain these facilities. Funding would be used primarily to increase the summer temporary work force so that they could perform these duties. In addition, staff is in the process of developing a collection of tools and other materials which could be housed in a small trailer and used to provide supplies to volunteer programs wherein citizens could take on some of these management tasks under general guidance and direction of City staff. Pending Council approval of the program concept, the Budget Team recommends that this program be funded in the City Manager’s proposed FY 2014 budget. RECOMMENDED ACTION: No action is required. This material is for background information only. Operation and management of the public and private WQFs is a complex issue, staff will return with an update and evaluation of the seasonal work program and its effectiveness if approved in FY14.