We want to remind everyone that UConn CLEAR is here to assist with your MS4 compliance, both in providing resources to use and acting as a go-to for any questions or issues you may run into. After reviewing the 2021 annual reports, we want to point out some resources that may be helpful in common areas that still need compliance. This week – Minimum Control Measure 5: Post-Construction Stormwater Management

• • Post-Construction Legal Authority Guide
    • This guide provides a breakdown of the post-construction legal authority along with exemplary language. It is different from the Construction Legal Authority! The post-construction legal authority must require:
    • Developers and contractors to use and prioritize LID practices over other municipal rule, along with documentation of why LID practices cannot be used on site, if necessary.
    • Minimum stormwater retention standards:
      • WQV for sites with less than 40% DCIA
      • ½ the WQV for sites with more than 40% DCIA
    • The following offers for if stormwater retention volume cannot be achieved:
      • Remaining volume that cannot be retained can instead be retained by an off-site mitigation project
      • The municipality can collect a fee equal to the cost of implementing a retrofit project to retain the remaining water quality volume

 

• • LID Updates in Regulations
    • In order to satisfy the legal authority requirements, municipalities must review and update their regulations in order to prioritize LID practices. There are several resources you can use to do so:

• • • • • Code and Ordinance Worksheet (COW)by the Center for Watershed Protection. A tool to help communities evaluate their local development regulations to identify revisions that allow (or require) site developers to minimize impervious cover, conserve natural areas and use runoff reduction practices to manage stormwater runoff.
        • LID Site Planning and Design Techniques: Municipal Self assessmentby RI NEMO. A comprehensive step-by-step guide for reviewing municipal regulations
        • Bylaw Review Toolby Mass Audubon. This tool incorporates best practices from local, regional, state, and federal best practices and provides allows users to evaluate existing land use regulations in comparison to these best practices in a “conventional,” “better,” and “best” format in relation to over 30 considerations (such as street width, erosion control measures, sidewalk drainage, and more).
        • Code Review Spreadsheet for MS4 communitiesby the Pioneer Valley Planning Commission. This checklist can be used as a method of documenting review of existing local code for requirements that affect the creation of impervious cover and feasibility of allowing green infrastructure and it contains some notes and recommendations for potential policy and language changes.
        • Developing a Sustainable Community by CT NEMO. This guide breaks down common site planning and development practice and offers alternatives and recommendations to reduce runoff and stormwater pollutants.
        • Long-term Maintenance Plan Example – Town of Mansfield
      • • • The town of Mansfield has offered their long-term maintenance plan as an example for the MS4 requirement: plan must ensure the long-term effectiveness of privately-owned retention ponds, detention ponds, and stormwater basins discharging to the MS4.

 

• • Don’t forget!

• • • Look back to 2012: When adding up your total disconnections, don’t forget that you can include any disconnections, public or private completed from 2012 on!

• • • Counting private disconnections: Make sure you are also including private disconnections towards your 2% goal

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