vvEPA
United States
Environmental Protection
Agency
833-B-06-003

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About the Image on the Cover

The cover illustration depicts development that might occur as a result of the recently updated West Hyattswlli: (Maryland) Transit Oriented
Development Overla) Zone This area is served by the Metrorail (subway) and is home to the West Hyattsville Green Line station  The elements ol the
plan include many common features of transit oriented development (TOD)  a compact footprint, developmeni intensity focused on the station area, a
rich mix of uses and housing  types, and a variety of transportation options These  lealures, as illustrated in this publication, also have benefits related to
preventing and managing storm water, in particular, when considered at the watershed, neighborhood, and site levels simultaneously The compact
design can accommodate a higher intensity of development on a smaller footprint  This format, oriented toward transit and pedestrian travel, also
lessens the tmperviousness related to automobile-only travel By accommodating a higher intensity of development in this preferred area, demand that
might go elsewhere in the undeveloped parts oi the watershed is absorbed

The West Hyattsville TOD Plan goes further to address water and  stormwaler throughout the planning area  There is a heavy emphasis on open space,
active parks, and integrated stormwater management In developing the plan, use of natural drainage patterns and habitat restoration were coupled with
development of parks, fields, and trails

Image courtesy of PB PlaceMakmg and  the Maryland National Capital Parks and Planning Commission - Prince George's County Planning Department

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Acknowledgements
The principal author, Lisa Nisenson from the U.S. Environmental Protection Agency's (EPA!s)
Development, Community and Environment Division, acknowledges the contributions and
insights of the following people: Barbara Yuhas, International City/County Managers
Association; Ben Stupka, Michigan Environmental Council; Bill Spikowski, Spikowski
Planning Associates; Cheryl Kollin, American Forests; Chet Arnold, the University of
Connecticut, Non-Point Source Education for Municipal Officials; Don Chen, Smart Growth
America; Dreux Watermolen, the Wisconsin Department of Natural Resources; Frank Sagona,
Southeastern Watershed Forum; Dan Emetine, International City/County Managers
Association; Diana Keena, City of Emeryville (California); G.B. Arrington, PB Placemaking;
George Hawkins, New Jersey Future; Harry Dodson, Dodson Associates Limited; James
Hencke, PB Placemaking; Jeff Tumlin, Nelson/Nygaard Consulting; John Jacob, Texas Sea
Grant Program; Kathy Blaha, Trust for Public Land; Linda Domizio, Massachusetts
Department of Environmental Protection; Michael Bateman, Stormwater360; Milt Rhodes,
Dover-Kohl Partners; Rebecca Finn, City of Elm Grove (Wisconsin); Rob Stueteville, New
Urban News; Steve Tracy, Local Government Commission; Tom Davenport, EPA Region 5; and
Tom Low, Duany-Plater Zyberk.

In addition, contributors and reviewers from the EPA team: Geoff Anderson, Chris Forinash,
Kevin Nelson, Lee Sobel, Lynn Richards, Jamal Kadri, Jenny Molloy, Kol Peterson, Rod
Frederick, Robert Goo, Nikos Singelis, Ryan Albert, and Sylvia Malm.

ICF Consulting produced an initial draft of this document under EPA contract 2W0921NBLX
for the Development, Community, and Environment Division; Office of Policy, Economics and
Innovation. Eastern Research Group edited and designed the report.

To request additional copies of this report, contact EPAs National Service Center for
Environmental Publications at (800) 490-9198 or e-mail at ncepimal@one.net and ask for
publication number EPA 231-B-05-002.  To access this report online, visit  or .

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Table  of Contents
EXECUTIVE SUMMARY 	7

SECTION 1: WHY STORMWATER? THE NEXUS BETWEEN LAND
   DEVELOPMENT PATTERNS AND WATER QUALITY AND QUANTITY	11
   Summary of How Stormwater Runoff Is Regulated	12
   Connecting Stormwater Management and Smart Growth	15
   Smart Growth Techniques as Best Management Practices	20

SECTION 2: SPECIFIC SMART GROWTH TECHNIQUES AS STORMWATER
   BEST MANAGEMENT PRACTICES	25
   1. Regional Planning	27
   2. Infill Development	37
   3. Redevelopment 	48
   4. Development Districts	51
   5. Tree and Canopy Programs 	61
   6. Parking Policies to Reduce Number of Spaces Needed	64
   7."Fix It First" Infrastructure Policies  	71
   8. Smart Growth Street Designs 	75
   9. Stormwater Utilities 	81

SECTION 3: RESOURCES	89

SECTION 4: NEW JERSEY—A CASE STUDY IN WEAVING STORMWATER AND
   SMART GROWTH POLICIES TOGETHER	99
   Goals for Smart Growth	99
   Goals for Water and Stormwater 	100
   Specific Policies that Meet Both Water
   and Smart Growth Goals	100

ACRONYMS & GLOSSARY	105

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Image: PB PlaceMaking, Stull and Lee

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                             Using Smart Growth Techniques as Stormwater Best Management Practices
                                     EXECUTIVE
                                      SUMMARY
      Communities around the country are
      adopting smart growth strategies to
      reach environmental, community,
and economic goals. The environmental
goals include water benefits that accrue
when development strategies use compact
development forms, a mix of uses, better use
of existing infrastructure, and preservation of
critical environmental areas. While the water
quality and Stormwater benefits of smart
growth are widely acknowledged, there has
been little explicit regulatory recognition of
these benefits to date.

Regulations under the National Pollutant
Discharge Elimination System (NPDES)
Stormwater program offer a structure for
considering the water quality benefits associ-
ated with smart growth techniques.
Compliance with federal, state, and local
Stormwater programs revolves around the
use of "best management practices" (BMPs)
to manage Stormwater. Given the water
benefits of smart growth at the site,
neighborhood, and watershed levels, many
smart growth techniques and policies are
emerging as BMPs.

The goal of this document is to help commu-
nities that have adopted smart  growth poli-
cies and plans recognize the water benefits of
those smart growth techniques and suggest
ways to integrate those policies into
Stormwater planning and compliance. Taking
credit for the work a community is already
doing can  be a low-cost and practical
approach to meeting water quality goals and
regulatory commitments.

This document is related to a series of
primers on smart growth.  In 1999 and 2001,
the International City/County Managers
Association (ICMA) and the U.S.
Environmental Protection Agency (EPA)
released two primers that each  listed 100
smart growth policies. In 2004, EPA released
Protecting Water Resources with  Smart Growth,
which presented 75 policies  directly related

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Executive Summary
          to water resources. This document also com-
          plements the EPA's National Management
          Measures to Control Nonpoint Source
          Pollution from Urban Areas (2005).

          Who Can Use This  Report?
          Stormwater and Water Quality
          Professionals: This document is written to
          help water professionals understand urban
          planning documents to determine where
          Stormwater improvements might already be
          included. This document  can also be helpful
          to consultants who are helping communities
          develop comprehensive Stormwater and
          planning documents, outreach programs, and
          compliance tracking.

          Communities Regulated Under Phases I & II
          of the NPDES Stormwater Program: More
          than 6,000 communities are now required to
          develop Stormwater management plans to
          comply with the NPDES requirements. As
          NPDES permits issued since 1990 under
          Phase I come up for renewal, this document
          offers innovative measures for further
           Most Stormwater that is
           collected from curbs and
           gutters flows untreated
           into local waterways.
           Smart growth seeks to
           limit the number of out-
           falls in a watershed with
           compact development.
improving Stormwater management through
redevelopment, infill, urban parks, and green
building techniques. Communities under
Phase II are likely to be developing their
Stormwater management plans, guidance
materials, and ordinances.

Local Land Use arid Transportation
Planners: Just as Stormwater engineers are
taking on more of an urban planning role,
land use and transportation planners should
consider the practice of Stormwater control in
ways that go beyond pipes, ponds, and gut-
ters. This document introduces the concept
of joint land use,  transportation, and water
planning as a way of providing water quality
protection and satisfying regulatory commit-
ments for compliance with local Stormwater
management plans and NPDES permits.

Zoning Administrators: Language in many
federal and state model Stormwater ordi-
nances call for the development of "ordi-
nances or other regulatory mechanisms" for
implementation of new Stormwater rules.

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                                 Using Smart Growth Techniques as Stormwater Best Management Practices
The elements related to stormwater ordi-
nances are likely to address the same aspects
of project design as zoning codes, for exam-
ple, setbacks, street widths, landscaping and
parking requirements. Zoning administrators
should be involved in the development of
stormwater ordinances so that conflicts do
not arise among codes.

City and County Managers: The stormwater
requirements have focused attention on
improving communications across various
departments, from public works to trans-
portation to subdivision planning. As new
and revised stormwater rules are written at
the local level, NPDES implementation has
revealed the importance of pulling together
traditionally autonomous departments to
determine where separate departmental poli-
cies might pose barriers to efficient planning,
investment, and environmental protection.
City and county managers are often in a
unique position to bridge planning and
budgets and broker solutions where require-
ments developed by one department run
counter to new smart growth plans.

Developers: Developers, particularly those
building within urbanized areas affected by
NPDES stormwater rules, are facing new
requirements for water quality and quantity.
This document will help developers assess
their smart growth projects, improve the
stormwater handling on site, and define how
their projects meet stormwater goals and the
site, neighborhood, and regional level.

Smart Growth Practitioners: Whether you
are with a nonprofit organization, a local
government office, or in private practice,
your skills in reviewing and writing compre-
hensive environmental plans and policies can
play a role in shaping joint smart growth and
stormwater plans. Emerging stormwater pro-
grams offer a framework for constructive
involvement.
   Talking About Compact Development - Homebuilders

   In 2005, the National Association of Homebuilders (NAHB) released talking points on compact
   development. They note that compact forms can include cluster development, higher-density
   development, mixed-used projects and traditional neighborhood developments. The
   Association encourages builders to review local ordinances to see where rules on set backs,
   infrastructure, street widths and the approval processes pose barriers or opportunities for com-
   pact development. In particular, the talking points mention alternative stormwater approaches
   to help support a more compact development form.
   See .

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                              Using Smart Growth Techniques as Stormwater Best Management Practices
                                        SECTION   1
        Why Stormwater? The Nexus Between Land Development
                             Patterns and Water Quality and Quantity
     Since 1972, implementation of
     the Clean Water Act (CWA) has shown
     success in controlling water pollution
from point sources such as municipal waste-
water treatment plants and industrial dis-
charges. This progress is overshadowed,
however, by the emergence of nonpoint
source pollution as a main contributor to
water quality problems.

Nonpoint source (NFS) pollution comes
from many diffuse sources. NFS pollution
originates when rainfall or snowmelt moves
over and through the ground. As the runoff
moves, it picks up and  carries away natural
and human-made pollutants, finally
depositing them into lakes, rivers, wetlands,
coastal waters, and even underground
sources of drinking water.

These pollutants include:

•   Excess fertilizers, herbicides, and insecti-
    cides from agricultural lands and resi-
    dential areas.
•   Oil, grease, and toxic chemicals from
    urban runoff.
•   Sediment from improperly managed con-
    struction sites, crop and forest lands,
    and eroding stream banks.
•   Bacteria and nutrients from livestock,
    pet wastes, wildlife, and faulty septic
    systems.
•   A myriad of other pollutants originating
    with a side variety of land based
    activities.
•   Atmospheric deposition and hydromodi-
    fication are also sources of nonpoint
    source pollution.1
For urban and urbanizing areas, these prob-
lems can largely be traced to activities that
occur on the land. Whether the problem aris-
es from lawn care chemicals, or motor oil and
toxic metals from parking lots and streets,
Stormwater plays a large role in transporting
pollutants to streams, drinking water sources,
and other receiving water bodies.

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12
SECTION 1 Why Slormwater?
Preserving open
space, farmland
and critical envi-
ronmental areas
is one of the 10
smart growth
principals.
                 While land development necessarily involves
                 creation of impervious surfaces, how and
                 where development takes place can influence
                 the ultimate degree of environmental impact
                 from the streets, rooftops, and yards. Where
                 development has occurred on forest and
                 undeveloped land, critical areas for infiltra-
                 tion and aquifer recharge that soaked up rain-
                 water prior to development now export
                 runoff to lower lying areas and local receiving
                 water bodies. Water flowing over pavement
                 absorbs heat, which impacts waterways that
                 support cold water species. It also flows
                 faster, thus delivering water in pulses. The
                 faster flows can scour stream banks and
                 accelerate erosion, while increased tempera-
                 tures can spur excessive algal growth. The
                 higher rate of vegetative growth can interfere
                 with a variety of ecological, industrial and
                 water filtration processes. Conventional con-
                 struction practices have relied on mass clear-
                 ing and grading. This practice compacts the
                 soil surface and further prevents infiltration,
                 even on lots overlain with turf. Thus, the
                 generation of storm water volume, as well as
                 the pollutant load carried in that volume, is
                 very much tied to how and where land is
                 developed.
                                                      Summary of How
                                                      Stormwater Runoff Is
                                                      Regulated
                                                      In 1972, Congress amended the Federal
                                                      Water Pollution Control Act (subsequently
                                                      referred to as the Clean Water Act) to control
                                                      the discharges of pollutants to waters of the
                                                      United States from point sources. Initial
                                                      efforts to improve water quality using the
                                                      National Pollution Discharge Elimination
                                                      System (NPDES) focused primarily on
                                                      reducing pollutants from industrial process
                                                      wastewater and municipal sewage discharges.
                                                      These sources were easily identified as
                                                      responsible for poor—often drastically
                                                      degraded—water quality conditions.

                                                      As pollution control measures for industrial
                                                      process wastewater and municipal sewage
                                                      were implemented and refined, it became
                                                      increasingly evident that more diffuse
                                                      sources of water pollution were also signifi-
                                                      cant causes of water quality impairment.
                                                      Specifically, stormwater runoff was found to
                                                      cause serious pollution problems. As a result
                                                      Congress added section 402(p) of the Clean
                                                      Water Act, which established a  comprehen-
                                                      sive, two-phase approach to stormwater con-
                                                      trol using the NPDES program.

                                                      In 1990 EPA issued the Phase I stormwater
                                                      rule (55 FR 47990; November 16, 1990)
                                                      requiring NPDES permits for operators of
                                                      municipal separate storm sewer systems
                                                      (MS4s) serving populations greater than
                                                      100,000 and for runoff associated with
                                                      industrial activity, including runoff from con-
                                                      struction sites 5 acres and larger. In  1999
                                                      EPA issued the Phase II stormwater rule (64
                                                      FR 68722; December 8, 1999) that expanded
                                                      the requirements I o small MS4s in urban
                                                      areas and to construction sites between 1
                                                      and 5 acres in size.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
EPA has delegated NPDES permitting
authority to all but five states, several terri-
tories, the District of Columbia, federal facil-
ities in four states, and federal tribes.
NPDES permits are reissued every five years
to allow for modifications to meet changing
conditions both with the discharge and with
discharge standards and regulations. There
are two standard types of NPDES permits:  1)
An individual permit is issued to a single
discharger, with customized requirements
for that particular discharge. All Phase I
MS4 permits are individual permits.
2) General permits are usually statewide
permits with requirements that apply to all
discharges  of a particular type or category.
Most Phase II MS4 permits are general per-
mits and require each permittee to develop a
stormwater management plan that details
how stormwater discharges from that
particular MS4 will be controlled. Though
they are not framed identically, the stormwa-
ter management requirements for Phase I
and Phase II MS4s are very similar. The rec-
ommendations in this publication are appli-
cable to all communities subject to the
stormwater regulations.

Evaluations of Phase I have shown that BMP
maintenance continues to be a problem.2
Both structural BMPs (e.g., sand filters) and
nonstructural BMPs (e.g., swales) require
periodic maintenance and care, which should
be budgeted for and scheduled. As you read
this document, think  about the long-term
maintenance program for smart growth tech-
niques as BMPs to ensure that stormwater
benefits are supported over time.

To learn more, visit EPA's stormwater pro-
gram site at .
     What Is an MS4?
     A municipal separate storm sewer system (MS4) is a conveyance or system of conveyances (e.g.,
     roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
     channels, storm drains) that are:
     •  Owned or operated by a state, city, town, borough, county, parish, district, association, or
        other public body (created by or pursuant to state law) having jurisdiction over disposal of
        sewage, industrial wastes, stormwater, or other wastes, including special districts under state
        law such as a sewer district, flood control district, or drainage districts, or similar entity, or an
        Indian tribe or an authorized Indian tribal organization, or a designated and approved man-
        agement agency under section 208 of the Clean Water Act that discharges to waters of the
        United States.
     •  Designed or used for collecting or conveying stormwater.
     •  Not a combined sewer.
     •  Not part of a publicly owned treatment works.
     Though not explicit, many larger institutions, such as hospitals, universities, military bases,
     and school districts fall under the definition, and thus must develop stormwater manage-
     ment plans. If these institutions have been involved with local smart growth efforts, check
     with them to see if there are smart growth elements in their stormwater management plan.

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14   '  SECTION 1  Why Stormwater?
  Elements of a NPDES Stormwater Permit -What Stakeholders Should  Look For
  States and municipalities are responsible for developing a suite
  of information under the NPDES stormwater program. As you
  look for the documents that will govern stormwater rules and
  policies, be aware that there are several permit types within the
  NPDES stormwater program, including industrial, multi-sector,
  and construction permits. While these are important permits for
  environmental protection, the MS4 NPDES stormwater permits
  are the focus of this document. Section 2 includes guidance on
  what to specifically look for within these materials.

  At the Federal Level:

  EPA has issued many guidance documents to assist states and
  localities. These publications include:
  m   Sample and General Permits
  is   Fact Sheets and Outreach Materials
  m   Permit Applications and Forms
  •   Policy and Guidance Documents
  •   Program Status Reports
  •   A Menu of Best Management Practices
  %   Technical and Issue Papers
  m   Case Studies
  »   See  lists links to each state's MS4
  stormwater program. The elements to look for include the fol-
  lowing:

  m   A state permit: Most states have developed a General MS4
       permit, which establishes minimum requirements for per-
       mit coverage. Some states have also developed alternatives
      to the general permit, such as watershed permitting, to
      allow for customization and innovation. The permit lists the
      elements required to obtain permit coverage, which typical-
       ly include: time tables; the minimum components of a
       stormwater management plan; and legal language defining
       responsibilities, enforcement, and  penalties.
  m    Guidance documents: These documents are developed to
       assist localities as they write their stormwater management
       plans and develop menus of BMPs.
sa   State requirements: Many states have additional require-
    ments to address special environmental needs; for example,
    special resource waters, water quality control in cold climates,
    or merging NPDES stormwater permitting with total maxi-
    mum daily loads (TMDLs).
•   Forms and maps

At the Local Level:
Check with your local environmental management or public
works department to see if your locality has obtained NPDES
permit coverage, or whel her it is in the process of obtaining
coverage. Although state requirements vary, most MS4s are
required to submit the following documents:

«   A Stormwater Management Plan (SWMP) or Stormwater
    Pollution Prevention Plan (SWPP): For localities covered
    under Phase II, there are six minimum control measures. The
    SWMP should include strategies and BMPs for those
    measures:
    >  Outreach
    >  Education
    i  Construction
    »  Post-Construction
    >  Illicit Discharges Elimination
    »  Pollution Prevention

    Under the new rules, MS4s need to include measurable
    goals, and show how the SWMP relates to water quality
    goals. The minimum measures listed above were not part of
    the original permit structure for Phase I permits, though the
    general tasks were required. In reissuing stormwater per-
    mits, many permitting authorities are modifying the per-
    mits to more closely dovetail Phase I and Phase II
    requirements to make it easier for these communities to
    work together.

•   Stormwater Ordinances: Most states require that MS4s
    develop ordinances or other regulatory mechanisms to
    implement stormwater management controls. As you read
    draft language for ordinances, be prepared to compare the
    proposed legal language with language in your local smart
    growth codes and alert stormwater managers to
    inconsistencies.
•   Schedules for public meetings, regulation development,
    milestones and training.
For more detailed information on water regulations and the
Clean Water Act, see the River Network's "Understanding the
Clean Water Act" at .

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
 Connecting Stormwater
 Management and Smart
 Growth
 Not so long ago, the predominant philoso-
 phy of Stormwater control focused on flood
 control and directing water off an individual
 piece of property as quickly as possible. As
 towns grew, curbs, gutters, trenches, and
 pipes assisted the land use and Stormwater
 planner alike in meeting this goal. While this
 turned out to be a successful strategy for
 individual properties,  the additive effects of
 runoff from these individual properties on a
 watershed scale contributed to flooding and
 water quality problems. This has led water
 quality professionals to rethink Stormwater
 control.

 As a result, water professionals began to look
 at development site  plans for opportunities
 to lessen the volume of Stormwater generated
 from individual development projects. Better
 site design practices, such as low impact
 development, emerged as mechanisms to
 retain a site's natural hydrology and infiltrate
 Stormwater within the boundaries of the
 development project. The conservation
 development movement was established—in
 particular, for new residential subdivisions.

 These new subdivisions sparked debate over
 the overall environmental attributes of con-
 servation development projects, however.
 Observers noted that, while these develop-
 ments offer water-handling benefits on site,
 they can contribute to wider land distur-
bance activities, transportation impacts,  and
 other quality problems related to the growth
 that follows  housing subdivisions. At the
same time, urban developers increasingly
 encountered resistance to infill and redevel-
 opment projects based on predictions of
 additional stormwater-related impacts to
 urban streams. These discussions revealed
 the need for a more comprehensive view of
 the water quality impacts related to develop-
 ment, one that also considers a broader
 watershed context.

 This new view poses challenges to how states
 and localities approach Stormwater control,
 whether the topic is measuring performance
 or issuing permits. Typically, the perform-
 ance of Stormwater control is assessed site by
 site, or project by project in the site plan
 approval process for subdivisions or com-
 mercial districts. Thus, a conservation subdi-
 vision might rate high for Stormwater
 management based on certain performance
 criteria, even when it brings unanticipated
 growth to sensitive reaches of a watershed.
 Likewise, a new apartment building and
 retail  complex might get a low rating for cre-
 ating  impervious surface on an urban lot,
 even though the project absorbed develop-
 ment  demand that would have gone to a
 "greenfield" site on a much larger footprint.
 In both these examples, a complex set of
 environmental considerations relate to the
project's impact at the  site, in the neighbor-
hood, and at the watershed level.
                                      This supermarket in Wesl
                                      Palm Beach Florida was
                                      part of a downtown rede
                                      velopment project. The
                                      store, which brings every
                                      day uses closer to in-tow
                                      residential areas, is a
                                      smaller format and is
                                      accessible by several
                                      modes of transportation.

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16
SECTION 1 Why Stormwater?
         How Does Density Relate to Runoff? The Site Level
         These three scenarios show how different housing densities on one acre can affect not only total runoff, but also runoff per house.
         Although the higher-density scenarios generate more stormwater per acre, they generate less total stormwater runoff and less
         stormwater runoff per house. Since most watershed growth is expected to be in the range of several thousand houses, not four or
         eight, the estimation of runoff based on per unit of housing is important. In addition, this illustration looks only at the lot and
         impervious cover related to the house footprint and driveway.
                                                                          * * V^J^JJ^'^rS?*^^^^
                                                                          y * !.l «*>rf'>                    *


                                                                          •5'iWw             W L:

                                                                   ;4Mf*f
                                                                   *   V  -/r* ^  C
                           7» « «XH * •S,*,*?
                            '-'i
                                                                            •x Hfn7'i,;; -.
                          Il'l&lftl-
                                                                                   Runoff/house
                                                                                    18,700 ft3/yr
                                      Total runoff (18,700 ft3/yrx
                                       8 acres) = 149,600 ft3/yr
Impervious cover =
    20 percent
                                                                                   Runoff/house =
                                                                                     6,200 ftVyr
                                      Total runoff (24,800 ft3/yr x
                                        2 acres) = 49,600 fWyr
Impervious cover =
    38 percent
                                                                                   Runoff/house
                                                                                     4,950 ft3/yr
         Impervious cover =
             65 percent
                             Total runoff = 39,600 ft3/yr

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                               Using Smart Growth Techniques as Stormwater Best Management Practices
How Does Density Relate to Runoff? The Watershed Level
Housing density also affects the number of acres required to accommodate growth. At the site level, most regional
and watershed managers are facing household growth estimates of several thousand units. By limiting housing pro-
duction to one unit/acre, growth pressures do not cease, but rather growth goes elsewhere in the watershed, or
expands to additional watersheds. Here, the higher-density scenarios consume fewer watersheds to accommodate
the same number of houses. A fuller discussion of density and build-out is presented in EPA's 2005 document
Protecting Water Resources with Higher-Density Development.
     Scenario A
                        Scenario B
                                         Scenario C
      Z
           7
      i
        Z
    t
      Z
    i
      Z
    t
      Z
7
        Z
           \   /
      t
        Z
           ^   /
      t
        z
7
7
7
                                At four houses per acre,
                                80,000 houses require
                                20,000 acres, or 2 water-
                                sheds, translating to:
                                20,000 acres x 4 houses x
                                6,200 ft3/yr of runoff
                                496 million ft3 /yr of
                                stormwater runoff
                                2 watersheds at 38
                                percent impervious
                                cover
                                                                      cover

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18
SECTION 1 Why Stormwater?
                 Many states and communities are using
                 smart growth planning as a way to deal with
                 the complex analysis for future growth and
                 development. Smart growth is best
                 described as a set of 10 principles, present-
                 ed in Table 1.

                 While better stormwater management is not
                 explicit in the 10 principles of smart growth,
                 the water quality benefits are, quite literally,
                 built in. These benefits typically emerge from
                 policies that integrate local and regional
                 decisions on transportation, housing, natural
                 resources, and jobs. The interrelated benefits
                 of smart growth are highlighted throughout
                 this document and include:

                 • Compact Project and Community
                    Design: One of the more powerful strate-
                    gies for reducing the footprint of develop-
                    ment, and hence the stormwater impacts,
                    is to focus on compact development. For
                    existing communities, policies to encour-
                    age infill and redevelopment can result in
                    a smaller development footprint within
                    the region. For new communities, com-
                    pact designs that mix uses and cluster
                    development help to accommodate devel-
                    opment demand in a smaller area.
                                                         Reducing the footprint of individual
                                                         buildings can also be a strategy, though
                                                         there are circumstances that call for
                                                         greater lot coverage in districts where a
                                                         higher development intensity is needed
                                                         (for example, near transit stations). The
                                                         compact form can also lend itself to more
                                                         environmentally friendly transportation
                                                         options, such as walking and biking.
                                                         Street Design and Transportation
                                                         Options: Well designed, compact commu-
                                                         nities are served by a highly connected
                                                         street and trail system designed for multi-
                                                         ple modes of transportation. The pattern
                                                         need not be a grid, and in some areas,
                                                         topography and environmentally sensitive
                                                         areas will influence where roads go.
                                                         Providing connections is the key to allow
                                                         walking or bike trips, or to  or to allow a
                                                         "park once" trip for combining errands,
                                                         recreation, and/or commuting. A compact
                                                         district also provides for more efficient
                                                         use (and reuse) of existing  infrastructure.
                                                         Mix of Uses: Another element that can
                                                         contribute to decreasing the amount of
                                                         stormwater generation lies in the develop-
                                                         ment mix. By pulling a mix of jobs, hous-
                                                         ing,  and  commercial activities closer
                       Tablet: Smart Growth Principles
                        1.  Create a range of housing opportunities and choices.
                        2.  Create walkable neighborhoods.
                        3.  Encourage community and stakeholder collaboration.
                        4.  Foster distinctive, attractive places with a strong sense of place.
                        5.  Make development decisions predictable, fair, and cost effective.
                        6.  Mix land use.
                        7.  Preserve open space, farmland, natural beauty, and critical environmental areas.
                        8.  Provide a variety of transportation choices of smart growth.
                        9.  Strengthen and direct development toward existing communities.
                       10.  Take advantage of compact building design.

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                           Using Smart Growth Techniques as Stormwater Best Management Practices      19
 together, not only do you increase the
 transportation options for a community,
 but the requirements for transportation
 and infrastructure also change. The need to
 accommodate fewer auto trips supports a
 reduction in standard parking require-
 ments. A mix of daytime and nighttime
 uses, or weekday and weekend uses,
 increases the chance that parking spaces
 can be shared among businesses.
 Use of Already-Developed Land: Most lit-
 erature on conservation development is
 focused on clustered housing in greenfield
 residential projects; however, reuse of
 existing impervious surfaces can be
 regarded as a powerful form of conserva-
 tion development. First, redevelopment
 conserves land by absorbing demand that
 could go into undeveloped parts of the
 watershed. Second, there is typically no
 net increase in  runoff since impervious
 cover is essentially replaced by impervi-
 ous cover. When low impact techniques
 and creative landscape design accompany
 a redevelopment project, the water quality
 performance at the watershed and site
 level  is enhanced. Finally, there are less
 obvious factors associated with redevelop-
 ment that drive Stormwater outcomes. In
 older parts of cities and towns, the devel-
 opment standards used for the original
 development were likely to have called for
 fewer parking spaces, a zoning mix, less
 roadway and less dispersed infrastructure.
 Thus, a new f 0-unit building on the
 urban edge will likely have  more related
impervious surface than a 10-unit redevel-
opment project, even if the  two have the
same  building footprint.
Better Models for New Development:
Where development continues to take
place in undeveloped areas, smart growth
designs can be used to  improve the envi-
ronmental aspects of that new growth
compared to conventional, separated
designs. While conservation design princi-
ples are important, smart growth develop-
ment incorporates connections to jobs,
schools, and other existing economic cen-
ters. A mix of housing  types can alleviate
the pressure to build affordable housing
on more distant parcels of land. New
town models such as Traditional
Neighborhood Design or New Urbanist
communities are advanced, in particular
for transportation improvements. When
combined with traditional water quality
BMPs, the connected, compact, and effi-
cient neighborhood  designs can amplify
the water quality benefits.
                                          This mixed use ce
                                          ter in Gainesville,
                                          Florida is served fc
                                          a parking lot con-
                                          structed of pavers
                                          which helps sup-
                                          port the street
                                          trees. The trees al:
                                          provide shade for
                                          outdoor seating
                                          nearby.

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20   1  SECTION 1: Why Stormwater?
                  Smart Growth Techniques as
                  Best Management Practices
                  What do states and localities need to do to
                  qualify smart growth policies as stormwater
                  BMPs under stormwater permitting pro-
                  grams? Permitting authorities around the
                  country are already introducing smart
                  growth concepts into their guidance docu-
                  ments and permits. Some of the general con-
                  cepts include:

                  •  Coupling smart growth planning with site
                     design criteria to further improve the
                     watershed-wide benefits of the growth
                     and redevelopment plans.
                  •  Implementing watershed-wide or regional
                     policies to consider simultaneously areas
                     for growth and those for conservation.
                  •  Better designs for reducing the impervious
                     surfaces associated with development,
                     such as compact street designs and lower
                     parking requirements.
                  Notable examples include the following:

                  New Jersey has developed a successful strat-
                  egy for considering both smart growth and
                  stormwater in its state water quality and
                  growth plans. In seeking to meet the dual
                  goals of reducing runoff and replenishing
                  aquifers, the state has developed policies to
 Supplying work-
 force housing
 closer to job and
 activity centers
 often helps relieve
 development
 pressure to build
 more affordable
 housing further
 out.
encourage growth in targeted areas while
protecting environmentally sensitive areas
and open space. The state's regulations are
divided into requirements for runoff
control and requirements for infiltration.
Redevelopment and infill in designated
urban areas are exempt from the stormwater
infiltration rules. The reasons supporting the
policy are: (1) recharge regulations can pose
a regulatory barrier to redevelopment, (2)
the regulations can be impractical in highly
urbanized areas and (3) recharge is not
always desirable in areas with environmen-
tally compromised soils.

In California, the Santa Clara Valley Urban
Runoff Pollution Prevention Program's
(SCVURPPP's) 2001 Phase I permit renewal
recognized that there could be cost-effective
opportunities to implement stormwater con-
trol during the land use approval process. In
particular, SCVURPPP noted several smart
growth options, including neo-traditional
street design standards and more effective
use of existing parking spaces. The permit
goes further, noting that certain development
projects, such as transit villages, are likely to
be exempt from several requirements because
they are typically built in areas already cov-
ered with impervious surfaces.3

The SCVURPPP permit lists numerous criteria
for onsite stormwater control requirements,
but also include flexibility by allowing its
permitees to document where standard crite-
ria would be impractical, where compensatory
mitigation would be allowed, and where local-
ities could use alternative strategies to better
match stormwater control techniques to the
local condition.
                   Photo: EPA

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
San Jose, California, is one of the co-permi-
tees under the SCVURPPP program. The city
sought to incorporate the new guidance from
the 2001 permit into its local Stormwater
ordinance and into its smart growth initia-
tive, the San Jose 2020 Plan.

The two main areas that allow consideration
of smart growth include:

• Finding of Impracticality: San Jose struc-
   tured its policy to take advantage of the
   SCVURPPP permit's flexibility, as noted
   above. Under the permit, deviations from
   the standard requirements could be estab-
   lished through a finding of impracticality.
   San Jose's policy includes some of the more
   common reasons for a finding of impracti-
   cality, such as soil type, but also recognized
   that the natural onsite measures for infil-
   tration and runoff control can be impracti-
   cal in built-out, urban areas.
• Flexibility: If there is a finding  of impracti-
   cality, the San Jose policy allows several
   alternatives to the permit's standards  that
   recognize the water benefits of smart
   growth projects. The city established a cat-
   egory of smart growth projects that exhibit
   water benefits by virtue of the development
   of the site itself, the nature of the site
   design, and its location in the watershed.

Smart growth projects are defined by the city
to be:

a. Significant redevelopment within the
   urban core;
b. Low-income, moderate income, or senior
   housing development project, meeting
   one of the criteria listed in other sections
   of the city's code; and/or
c. Brownfields projects.
While affordable housing may seem like an
unconventional BMP, the city recognized the
demand for low-income and senior housing
would not go away, but likely relocate in
remote regions where jobs and services were
not as likely to be close at hand.
Incentivizing construction through redevel-
opment thus became not only a housing
strategy, but a watershed one as well.

Another California city, Poway, has defined
BMPs to include redevelopment and develop-
ment projects that improve Stormwater per-
formance  as compared to conventional
designs. The ordinance reads:

   "Site design BMP" means any project design
   feature  that reduces the creation or severity
   of potential pollutant sources or reduces the
   alteration of the project site's natural flow
   regime. Redevelopment projects that are
   undertaken to remove pollutant sources
   (such as existing surface parking lots and
   other impervious surfaces) or to reduce the
   need for new roads and other impervious
   surfaces (as compared to conventional or
   low-density new development) by incorpo-
   rating higher densities and/or mixed land
   uses into the project design, are also consid-
   ered site design BMPs.

(Ord. 569 § 2, 2002) See .

In Texas, the North Central Texas Council of
Governments (NCTCOG) is helping its local
MS4s by identifying useful techniques for
Stormwater control. NCTCOG's guidance
also directs readers to the various local regu-
lations or  ordinances that control how and

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22
SECTION' 1 Why Stormwater?
                  North Central Texas Council of Governments Guidance
                  Minimize Impervious Surfaces
                  Impervious surfaces are roads, parking lots, drive-
                  ways, and rooftops that do not allow infiltration
                  of stormwater into the ground. The increase in
                  stormwater runoff, along with the pollutants the
                  runoff picks up from impervious surfaces, cause
                  major problems for our waterways. Narrower
                  streets and smaller parking lots benefit the envi-
                  ronment and can make a development more
                  attractive as well.
                  •   Develop residential street standards for the
                      minimum required pavement width needed
                      to support travel lanes, on-street parking, and
                      emergency vehicle access. Street
                      Specifications, Subdivision Ordinance
                  m   Consider limiting on-street parking to one
                      side of the street. Street Specifications,
                      Subdivision Ordinance
                  m   Incorporate sunken landscaped islands in the
                      middle of cul-de-sac turnarounds. Street
                      Specifications, Drainage Manual
                  •   Minimize street length by concentrating
                      development in the least sensitive areas of
                      site. Zoning Ordinance

                  where impervious surfaces, such as parking
                  lots or  driveways, are located. (See box.)

                  The NCTCOG examples show that many of
                  the most promising techniques for effectively
                  managing runoff are often included in existing
                  regulations  and guidance traditionally associ-
                  ated with land  development and transporta-
                  tion regulations, not stormwater control. In
                  addition,  the examples show that flexibility is
                  needed, since not all regulations work equally
                  well in all contexts. The North Carolina Smart
                  Growth Alliance  has pointed this out as well.
                  In comments to the North Carolina Division
                  of Water Quality on proposed stormwater
                  rules, the Alliance notes that language in the
                                                            Reduce parking lot size by lowering the num-
                                                            ber of parking spaces (minimum and maxi-
                                                            mum ratios) and by sharing parking among
                                                            adjacent businesses. Zoning Ordinance,
                                                            Developmen t/Engineering Standards
                                                            Reduce parking requirements for develop-
                                                            ments in proximity to public transportation.
                                                            Zoning Ordinance
                                                            Provide incentives or opportunities for struc-
                                                            tured parking rather than surface parking.
                                                            Zoning Ordinance
                                                            Use pavers or porous pavement in  parking
                                                            overflow areas. Development/Engineering
                                                            Standards
                                                            Reduce frontage requirements in residential
                                                            areas to reduce road length. Zoning
                                                            Ordinance
                                                            Reduce the rooftop area of buildings by con-
                                                            structing multiple level structures where fea-
                                                            sible. Zoning Ordinance4
                                                        state's 2003 proposal to establish impervious
                                                        surface limitations on a site-by-site basis
                                                        would have the effect of making sprawl-type
                                                        developments easier to build, while making it
                                                        more difficult to develop compact, walkable
                                                        communities.5 Blanket regulations that appear
                                                        to make sense at the individual lot level can
                                                        often have the unintended outcome of pro-
                                                        moting development in areas of watersheds
                                                        unable to handle new growth.

                                                        So, how do stormwater managers and their
                                                        planning counterparts choose strategies and
                                                        BMPs that serve the interrelated goals of
                                                        watershed protection and successful growth
                                                        and development? Matching the BMP (or

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                                                Using Smart Growth Techniques as Stormwater Best Management Practices
Table 2: Best Management Practices and Development Context
 BMP Strategies
 Urban/High Density Settings   Suburban/
                                 Urbanizing Areas
                                 Rural and
                                 Conservation Areas
Strategies for individual buildings
and building sites
 Low impact development (LID) or
 better site design strategies
Infrastructure
 Bio-infiltration cells, rooftop rain
 capture and storage, green roofs,
 downspout disconnection in
 older residential neighborhoods,
 programs to reduce lawn com-
 paction, stormwater inlet
 improvements

 Ultra-urban LID strategies: high-
 performing landscape areas,
 retrofitting urban parks for
 stormwater management, micro-
 dentention areas, urban forestry
 and tree canopy, green retrofits
 for streets
Better use of gray infrastructure:
repair and expansion of existing
pipes, installation of stormwater
treatment, fix it first policies,
improve street and facilities
maintenance
 Disconnecting downspouts,
 green roofs, programs to reduce
 lawn compaction, bio-infiltration
 cells, rooftop rain capture and
 storage
Swales, infiltration trenches,
micro-detention for infill projects,
some conservation design, retro-
fitting of parking lots for
stormwater control or infill, tree
canopy, green retrofits for streets.
Depending on location, larger
scale infiltration.

Priority funding areas to direct
development, better street
design, infrastructure planning to
incentivize smart growth devel-
opment, improve street and facil-
ities maintenance
Green roofs, housing and site
designs that minimize soil disrup-
tion
 Large scale LID: forest protection,
 source water protection, water
 protection overlay zoning, con-
 servation, aquifer protection,
 stormwater wetlands
                                                                                                Smart growth planning for rural
                                                                                                communities using onsite sys-
                                                                                                tems
Structural BMPs
Commercially available stormwa-
ter control devices, urban
drainage basins, repair of tradi-
tional gray infrastructure
                                                                Rain barrels, bio-infiltration tech-
                                                                niques, constructed wetlands
Design strategies
Watershed-wide or regional
strategies
Transit districts, parking reduc-
tion, infill, improved use of curb-
side parking and rights of way,
brownfields, urban stream clean-
up and buffers, receiving areas for
transfer of development rights
Transfer of development rights,
waterfront restoration, participa-
tion in regional stormwater man-
agement planning/infrastructure
Infill, greyfields redevelopment,
parking reduction, policies to foster
a connected street system, open
space and conservation design and
rural planning, some impervious
surface restrictions, stream restora-
tion and buffers, targeted receiving
areas for transfer of development,
planned unit developments

Regional park and  open space
planning, linking new transit
investments to  regional system,
participation in regional stormwa-
ter management planning/infra-
structure
Regional planning, use of anti-
degradation provision of Clean
Water Act, sending areas for
transfer of development, water-
shed wide impervious surface
limits, water protection overlay
zoning districts
Regional planning, use of anti-
degradation provision of Clean
Water Act, sending areas for trans-
fer of development, watershed
wide impervious surface limits,
water protection overlay zoning
districts, water supply planning
and land acquisition

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24      SECTION 1- Why Stormwater?
                   combination of BMPs) to the development
                   context is important. Some BMPs, such as
                   green roofs, will work in almost any setting.
                   Infiltration requirements pose challenges in
                   urban areas, however, where legacy pollutants
                   remain and/or where land costs are high. They
                   also pose challenges in the development of
                   new town centers or other compact districts
                   that are constructed in greenfields.

                   Table 2 illustrates a breakdown of BMPs  with
                   respect to setting. It is not intended to serve
                   as a fixed menu, but rather to provide a
                   framework for refining the match of conven-
                   tional stormwater BMPs to the development
                   context. In fact, some of the measures that
                   seem most fitting in suburban and rural
                   areas, like stormwater wetlands, often have a
                   role in ultra-urban  settings. The Elizabeth
                   River Project in Virginia is working with
                   stakeholders to bring constructed wetlands
                   and riparian buffers to urban areas and mili-
                   tary facilities in the Portsmith/Norfolk area
                   of the Chesapeake  Bay.
Finally, and most importantly, BMPs are
rarely used in isolation, but rather are strate-
gically combined to achieve water quality
goals and address target pollutants of con-
cern. For example, a city may install a  first
line of BMPs to filter large debris, while a
series of infiltration and filtering techniques
are used to allow sediment to settle, improve
infiltration, and reduce runoff. For smart
growth techniques as BMPs, there are also
strategic combinations of policies that  serve
to increase the environmental performance of
development projects. For example, a plan
for transit-oriented development may require
that the mix of uses and density be coupled
with better parking strategies so that walking
and automobile travel are equally attractive.
The ability to develop effective  combinations
of BMPs is among the most important  fea-
tures in developing joint stormwater and
smart growth plans.
                      U S. Environmental Protection Agency. 1994 EPA-841-F-
                      94-005. http //wwwepa.gov/owow/nps/qa html

                      Kosco, John, Wes Gunter, and James Collins Lessons
                      learned from m-field evaluations of Phase I Municipal
                      Stormwater Programs Presentation prepared for the 2003
                      National Conference on Urban Stormwater Chicago,
                      Illinois, February 17-20, 2003
                      wwwepa gov/owow/nps/natlstormwater03/19Kosco pdf

                      httpY/www scvurppp-w2k com/pdfs/other/
                      NPDES_Permit_C3New_Finalodrtransltr.PDF
  Stormwater Management in North Central Texas Post-con-
  struction runoff control, EPA recommendations
  www dfwstormwater com/Storm_Water_BMPs/
  post-construct asp#rec

  North Carolina Smart Growth Alliance May 16, 2003.
  Comments to the Division of Water Quality Re Proposed
  NPDES Phase II Stormwater Rules.
  www ncsmartgrowth org/archive/stormwa-
  ter%205%2016%2003 html

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                               Using Smart Growth Techniques as Stormwater Best Management Practices
                                        SECTION   2
                                 Specific Smart Growth Techniques as
                             Stormwater Best Management Practices
      The purpose of this section is to pres-
      ent common smart growth tech-
      niques, their water quality attributes
and how to present them within local, state,
or federal Stormwater requirements. The
NPDES Stormwater requirements—in partic-
ular the Post-Construction Minimum
Measure—have focused attention on how
development projects, both individually and
collectively, impact a watershed after projects
are built. This section is geared toward the
post-construction measure under Phase II,
though any city or county renewing a permit
under Phase I can use them. Additionally,
cities, counties, and townships that are not
regulated, but that are proactively developing
Stormwater, flooding, or watershed plans,
can use the information to meet water quali-
ty goals.

The following list contains smart growth
techniques that have been adopted by state,
regional, and local governments for a variety
of benefits, including environmental quality.
This section will look at each of these tech-
niques in depth, though this list is not
exhaustive.

1. Regional planning
2. Infill development
3. Redevelopment policies
4. Special development districts (e.g., transit
  oriented development and brownfields
  redevelopment)
5. Tree and canopy programs
6. Parking policies to reduce the number of
  spaces needed or the footprint of the lot
7. "Fix It First" policies
8. Smart growth street designs
9. Stormwater utilities

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26   i  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Each subsection provides information and
                  examples that:

                  • Define the smart growth technique.
                  • Give an overview of who to talk to about
                    the techniques and relating it to storm-
                    water.
                  • Define the stormwater benefits and pro-
                    vide tips on how to list the technique in
                    your plan.
                  • Provide, if available, estimates of the costs
                    associated with the technique.
Provide examples where the technique
has been adopted, or is in the develop-
ment stage.
Provide suggestions on "Measurable
Goals," a requirement  for all BMPs.
Give "points to consider" in adopting the
technique as a stormwater management
strategy.
                       Outreach, Public Education, and Public Participation

                       Most smart growth initiatives include outreach to stakeholders, processes to integrate
                       comments on plans, and schedules for gathering input. Stormwater managers should
                       reach out to their counterparts in planning, zoning, transportation, and growth manage-
                       ment departments to see where their established processes can integrate successful
                       stormwater management. Ask the planning department or city/county manager if the fol-
                       lowing types of meetings are planned and whether they are open to a module or segment
                       on growth and stormwater:
                       •   Planning charrettes
                       •   Visioning exercises
                       •   Planning sessions on alternative growth scenarios
                       •   Smart growth training sessions
                       •   Transportation alternatives meetings with the public
                       •   Watershed meetings

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
1. Regional Planning

Definition
Regional planning is the process of consider-
ing community development options across a
particular area that can include several politi-
cal jurisdictions. For the purposes of
Stormwater quantity and quality, a watershed
can be thought of as a region. If smart
growth is a cornerstone of your Stormwater
planning efforts, regional planning is critical.
A watershed or regional effort can facilitate
discussions that reduce impacts by directing
growth while preserving critical areas. EPA
encourages watershed planning as a way to
comprehensively prevent and control water
quality and quantity impairments.

Local governments are encountering a com-
plex, and growing, array of requirements to
meet various state and federal rules, as well
as  growing public demand for "quality of
life" benefits such as open space,  transporta-
tion options, and amenities at the neighbor-
hood level. The planning requirements can
include transportation at a regional level,
growth management plans, source water pro-
tection plans, economic development plan-
ning, emergency response and evacuation
plans, and updated floodplain mapping.
Many elements of the various planning exer-
cises are similar and rely on the same data
sets, such as population projections and GIS
mapping of natural resources.

For water quality, regional cooperation and
planning is crucial for aligning smart growth
and water quality approaches such as:

•  Minimizing imperviousness at the water-
   shed level by targeting and redirecting
   development
•  Identifying and preserving critical ecologi-
   cal areas and contiguous open space areas
•  Making maximum use of existing infra-
   structure and previously developed sites
                                                                       Effective stakeholder partici-
                                                                       pation is a cornerstone of
                                                                       both Stormwater and
                                                                       regional planning.

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28     SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
       Regional Visioning and Scenario Planning
        Illustration 1
        Kane County/Gilberts Present Day
Illustration 2
Kane County/Gilberts Build Out Under
Conventional Planning and
Development
Illustration 3
Kane County/Gilberts Build Out Under
Smart Growth Planning and
Development
        This series of illustrations was developed for the Chicago Regional Environmental Planning Project to
        show development alternatives at the western edge of the Chicago suburbs in Kane County. This agricul-
        tural area is characterized by poorly drained soils and the presence of the Fox River, which was once
        viewed as a natural boundary for growth. Illustration 1 shows the emergence of some housing in the
        background.

        Kane County expects growth to emerge with the further expansion of housing, roadways and their use.
        Office and research are the prime industries that are expected to expand into the area first. Housing and
        retail are expected to follow. Illustration 2 shows that current planning trends would dictate separated
        land uses, large set-backs, and individual parking lots. The stormwater runoff from the large parcels and
        parking lots would eventually impact the streambed illustrated in the foreground.

        Illustration 3 shows an alternative future using smart growth practices. The industrial uses are placed in
        the background closer to existing infrastructure and development. Housing developments are connect-
        ed to services and retail. Illustration 3 envisions a county plan where certain areas are preserved for agri-
        culture and drainage while accommodating growth in village centers. For more information, see the
        Environmental Law and Policy's "Visions" report at .

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
Who Do I Talk to About
Regional Plans?
If your state has developed smart growth
planning requirements, contact the state
department of planning or community
affairs. The Metropolitan Planning
Organization (MPO) has the responsibility to
develop master transportation plans.
Subsection 8 (Smart Growth Street Designs,
page 75) goes into more detail about plan-
ning for roads and transportation infrastruc-
ture. Your local Council of Governments
(sometimes referred to as a COG) might also
have information on planning efforts that
span several jurisdictions. Although these
may not be water plans per se, the popula-
tion forecasting, maps showing undevel-
opable parcels, and vacant properties can all
be helpful in developing a comprehensive
stormwater management plan.

If your community is under the Phase II rules,
and you are located near larger cities and/or
counties covered by Phase I, determine if you
can team up with them in developing plans.
Since  these communities are more than 10
years into planning and implementation, do
not hesitate to contact the stormwater man-
agers or public works department to see where
you can share or expand upon  plans and pro-
grams. Your area may also have other regional
agreements that can be used to initiate
stormwater plans, such as agreements on infra-
structure or flooding prevention.

The Coastal Zone Management Act of 1972
(CZMA)  and subsequent amendments have
established a program for states and territo-
ries to voluntarily develop comprehensive
programs to protect and manage coastal
resources (including the Great Lakes). To
receive federal approval and implementation
funding, recipients are required to demon-
strate that they have programs, including
enforceable policies, that are sufficiently
comprehensive and specific to regulate and
resolve conflicts among land uses, water
uses, and coastal development. There are
currently 29 federally approved state and
territorial programs. These plans may have
elements and funding in place, and may
include smart growth practices that can help
develop elements of a stormwater manage-
ment plan.  For a link to state programs go
to .

EPA's Office of Wetlands, Oceans, and
Watersheds hosts a Web site called "Surf
Your Watershed." This site allows users to
enter their zip code, local stream name, or
locality to find information about their
watershed,  as well as planning efforts and
relevant watershed organizations. Visit
.

Stormwater Benefits
Regional efforts to encourage development in
strategic areas are one of the strongest
approaches to coordinating growth and
resource protection  in a watershed. Regional
efforts are often needed to effectively coordi-
nate local approaches to development and
achieve better watershed-wide results.
Communities should determine areas where
they want growth to occur and areas they
want to preserve. When such areas are clear-
ly defined and articulated within a region,

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30   i  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                   New Jersey Highlands: Regional Planning for Water and

                   Growth

                   The 800,000+-acre New Jersey Highlands Region covers more than 1,250 square miles and 88 munici-
                   palities in seven counties (Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex and Warren). The
                   Highlands Region is an essential source of drinking water for half of the residents of New Jersey. In
                   2004, the Highlands Water Preservation and Planning Act (The Act) was adopted to balance the man-
                   agement of water resources and growth.

                   The Highlands Act documents the geographical boundary of the Highlands region and establishes both
                   the Highlands preservation area and the Highlands planning area. The Highlands Act requires the New
                   Jersey Department of Environmental Protection to establish regulations to limit land disturbance in
                   preservation areas, while creating a regional master plan to direct growth to desired areas within the
                   region. To carry out the Act, the Highlands Water Protection and Planning Council was formed and
                   charged with preparing the regional master by June 2006. While the focus of the regional plan is seen
                   as land preservation for water quality and supply, the council was also charged with including elements
                   to encourage appropriate development, redevelopment and economic growth for areas so designated.
                   In the Planning Area, municipal compliance with the Plan is voluntary. The Act provides incentives for
                   conformance to the Regional Master Plan, however. The incentives include planning grants to assist in
                   preparing local master plans and land use ordinances, technical assistance, tax stabilization funding for
                   funding decreases accorded by participating in the plan, enforcement of the regional Master Plan and
                   legal assistance to meet  challenges to new master plans and zoning.

                   The council established several categories for grants, including  grants to  participate in Municipal
                   Partnership Pilot Programs, Zoning and Parcel Analysis, Wastewater Capacity Analysis, and Affordable
                   Housing. In 2005, Washington Borough was awarded a Municipal Partnership Pilot Program grant,
                   which will be used to plan for three distinct areas: town center redevelopment, historic preservation,
                   and stream corridor preservation (to include Stormwater management). For more information on the
                   New Jersey Highlands Council, visit .
                   For more information on the state of New Jersey's innovative state planning, see New Jersey's Web site
                   on the Highlands Act, .
                  development is encouraged on land with less   ment in a watershed in the greater Houston
                  ecological value, such as previously devel-      Texas area.  The study tracked development
                  oped areas (as  described in subsequent chap-   trends over a 50-year period to evaluate
                  ters for redevelopment, brownfields,            watershed performance—in particular, as it
                  greyfields, and vacant properties). Land with   relates to flooding The study evaluated corn-
                  higher ecological value, such as aquifer         mon indicators of development (e.g., imper-
                  recharges areas, wetlands, marshes, and        vious cover) and how various land
                  riparian corridors, is then preserved or other-   development scenarios during that time
                  wise set aside for ecological services.           period might have altered water flows and
                                                                flooding.
                  A 2004 study conducted by researchers at
                  Texas A&M University evaluated develop-

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
The study found that the impervious cover
alone was an inadequate indicator, but when
considered with other indicators, such as
indicators of development dispersal, these
measures together proved to be a better pre-
dictor of flooding. In assessing total devel-
oped area, the researchers looked not at
estimates of impervious surface area per lot,
but rather whether the lot had any develop-
ment at all.

The researchers also evaluated off-site devel-
opment features such as roads and highways.
Over a 50 year period, the researchers
mapped total developed areas, with special
attention to roadway lengths, and the ratio of
commercial and residential units. The risk of
flooding increased exponentially once the
percentage of developed properties in the
watershed reached 25 percent. From a
regional perspective, the authors suggest that
the percentage of impervious surface cannot
be used as an indicator independent of other
factors such as the configuration of infra-
structure, development form, and a total pro-
portion of properties that have been
developed.6

In evaluating the environmental performance
of successful smart growth planning on a
regional basis, some  localities and states are
using build-out and capacity analyses to pre-
dict the condition of water resources once
developable parcels are developed. Build-out
analyses can be conducted based on existing
land use regulations, or according to conven-
tional development practices that could
shape future proposals. The goal is to com-
pare a smart growth development plan or
project to a conventional model under status
quo zoning, and compare the Stormwater
benefits.
For example, many communities are updat-
ing floodplain maps. Suppose a review identi-
fies 1,000 acres of sensitive land critical for
water filtration, absorption, and flood preven-
tion. As a result of the review, the local gov-
ernment alters scenarios in planning
documents to upzone land in the floodplain
for development.  The city and county confer,
and as a result, the two jurisdictions revise
planning and zoning documents to redirect
growth to an area of the watershed that is
more appropriate  for development. In this
case, the Stormwater benefits are not only
environmental in  nature, but also avert the
costs associated with property damage from
flooding. Thus, the benefits extend beyond
typical environmental measures of water
quality and quantity to economic factors
as well.

Typical Costs
The costs of regional planning are related to
administration and research, and vary signifi-
cantly  depending  on the resources already
available in your community. Before estimat-
ing the costs of developing or fine-tuning an
existing plan, it is helpful to understand the
elements of the plan, the data needed to
develop the various plans, the shape of the
final product, and details on how the plan
will be implemented.

The costs associated with aligning multiple
plans are typically driven by staff or consult-
ant time. The Southeastern Watershed
Forum estimates,  as a rule of thumb, that
analysis, review, and coordination takes two
to three staff working over one year to
18 months.

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32   ;  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Once your community has decided to hire a
                  consultant, the next step involves developing
                  a Request for Proposals (RFP) or a Request
                  for Qualifications (RFQ). The University of
                  Wisconsin has developed a concise guidance
                  document on  the process of hiring a consult-
                  ant. One step  in the process can be issuing an
                  RFQ to get a manageable pool of the most
                  qualified consultants. As you draft your RFP
                  or RFQ, keep  in mind some of the unique
                  challenges that will arise in drafting a joint
                  Stormwater and smart growth planning
                  process, a comprehensive plan, and an imple-
                  mentation course. For example, you might
                  want to have consultants review the compre-
                  hensive plan and NPDES permit  (or permit
                  renewal) and ask where there are barriers and
                  flexibility. In addition, aligning multiple plans
                  might reveal conflicting land use, transporta-
                  tion, and resource protection scenarios. Ask
                  consultants how they would resolve these
                  issues—in particular, where several jurisdic-
                  tions are involved. Finally, ask them what ele-
                  ments of your strategic or smart growth plan
                  can be borrowed for water quality and
                  Stormwater planning. These additional steps
                  might add to the scope of work and budget;
                  however, reviews of existing plans might
                  reveal that work needed for comprehensive
                  Stormwater planning has already been com-
                  pleted. See  for more information.

                  Measurable Goals
                  The NPDES municipal Stormwater program
                  requires Phase II MS4s to include measurable
                  goals in their program for each BMP.
                  Increasingly, cities covered under Phase I
                  MS4 permits  are beginning to include meas-
                  urable goals to track their performance in
                  meeting water quality goals. Participation in
a regional planning effort can be one way to
track measurable goals, as can specific activi-
ties and steps outlined in a regional planning
process. Information on counting participa-
tion in a regional group for meeting the
requirements of the six minimum measures
is described in the rest of this subsection, as
are examples of specific activities that can
count in the post-construction minimum
measure.

Adoption of a regional master plan or water-
shed plan, as well as supporting policies and
ordinances, are good candidates by which to
measure progress in managing Stormwater.
These activities can also be documented to
meet requirements on public education and
outreach on Stormwater impacts, as well as
public involvement/participation. The key is
to make sure you can track progress and
relate the success back  to the water quality
goals in your regional Stormwater manage-
ment plan. For example, if a parcel of land
identified for a regional park system is also
contained in your regional aquifer protection
plan, coordinate the acquisition and park
design to meet Stormwater and recreation
goals. Include the acquisition in your moni-
toring and BMP maintenance plans as well.

In addition, efforts to coalesce common
items among plans can be included in a
Stormwater management plan (e.g., merging
plans to repair streets and sidewalks to  spur
redevelopment on a regional transportation
corridor can be coupled with installation of
microdetention areas between the curb and
sidewalk). This effort can also help align
capital spending decisions and be included
in meeting regional Stormwater goals to
direct  development.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
      Arlington, Virginia's high-density approach
      around the Rosslyn and Court House sub-
      way stations directs a large amount of
      growth to a small footprint. The county
      allows for high densities around stations,
      with a formula that tapers development
      intensity down to existing neighborhoods.
      This area, which stretches three miles from
      the Potomac River to the Ballston station,
      will ultimately absorb 8 million square feet
      of development on 2 square miles of land.
      This smaller footprint not only has regional
      Stormwater benefits, but also has resulted
      in higher transit use and traffic counts that
      are far less than originally projected.
Many areas across the country have identi-
fied specific plots of land to acquire. Buying
parcels that have water-handling characteris-
tics can provide a region with specific, meas-
urable targets within a Stormwater
management plan.

For post-construction measures, the build-
out analyses mentioned previously can be
used to  establish a baseline for setting meas-
urable goals.  Most states or regions develop
build-out scenarios to assess how much
developable land is available, whether the
existing or planned infrastructure is likely to
meet the needs of a built-out region, and to
develop alternative planning scenarios. Most
build-out analyses look at sewage capacity,
source water, and water supply. With slight
modifications, the build-out analysis can be
used to  also assess impervious surface cover-
age within  a watershed and areas with the
potential to effectively handle growth. If your
city or county (or a regional organization) is
developing build-out analyses, see if you can
add a Stormwater component so that alterna-
tive scenarios chosen include Stormwater
runoff parameters as well. EPA hosts a Web
site with information on build-out analyses
Photo: Arlington County, Virginia

and other tools at
.

For meeting the post-construction minimum
control measure, regional organizations
might be called upon to develop model ordi-
nances or individual policies to carry out
regional plans. For example, the transfer of
development rights is a tool used across the
country to direct development away from
environmentally sensitive lands while shift-
ing the development to areas targeted for
growth. This type of program might require
setting measurable goals  in a series. For
example, in the first four years, the measura-
ble goals might include (1) a formal agree-
ment among participating jurisdictions, (2) a
final comprehensive plan for the receiving
area (3) a completed legal framework to
administer trades and (4) software to track
the number of trades. Given the complexity
of each component, there are likely to be
detailed sub-goals spelled out as well. To
have a long-term effect on Stormwater, your
community should be prepared to count the
numbers of transfers, not just the existence
of a program.

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34     SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Many regional organizations rely on volun-
                  tary participation in regional planning. As
                  such, regional growth and/or watershed
                  plans offer incentives (see the box on page
                  30, New Jersey Highlands, for more informa-
                  tion) . In addition to taking advantage of the
                  incentives, make sure to also count the steps
                  taken for the regional plan into your Phase I
                  or Phase II municipal NPDES permit.

                  Examples
                  Within New Jersey, the Regional  Planning
                  Partnership (RPP) has developed  tools to
                  compare smart growth versus conventional
                  development impacts, including Stormwater
                  runoff.  The partnership has developed a
                  sketch  tool called Goal Oriented Zoning.  In
                  2003, RPP developed a comparison for
                  Delaware River Basin communities. This
                  analysis compared four  scenarios  and set  an
                  overall  watershed impervious cover goal at
                  10 percent. From there, RPP developed dif-
                  ferent development scenarios based on the
                  10 percent coverage goal to compare water-
                  shed-wide impacts. The exercise also served
                  to show graphically what build-out is
                  allowed under current zoning. While the use
                  of the tool was meant to focus on zoning and
                  transportation issues, RPP was able to
                  include several environmental indicators,
                  which could be further  explored with air and
                  water quality-specific models on other scales.
                  For more information, visit .

                  The Association of New Jersey
                  Environmental Commissions (ANJEC) has
                  issued a series of reports to assist  its member
                  communities with tools needed to comply
                  with New Jersey's planning laws.  These
                  reports include  information on conducting
build-out and capacity plans, increasing the
supply of affordable housing and implement-
ing master plans. Its "Smart Growth Survival
Kits" contain information on the data need-
ed, methods available, and additional con-
tacts. Though New Jersey—specific,  the
information can be useful for other states.
Visit  and click on "Smart
Growth Survival Kit."

In 2005, the Southwestern Regional Planning
Council, covering the southwest counties in
the state of Connecticut, released its regional
planning strategy.  The goals of the regional
plan focus on transportation, housing, and
directing development to areas with existing
infrastructure and investment. For more
information on implementation  and other
related objectives, visit .

To assist the regulated municipalities in the
Syracuse Urban Area in complying with
Phase II Stormwater regulations, the Central
New York Regional Planning Board (CNY
RPDB) has  launched a unified, regional assis-
tance program. Its Web site, which  was
developed specifically for decisionmakers,
includes several layers of maps,  including
MS4 boundaries, watershed boundaries, and
political boundaries. The CNY RPDB is also
providing unified assistance in the areas of
public  education,  outreach and participation,
municipal training, research assistance, and
efforts  to secure funding for compliance. For
more information, visit
.

The 1996 Amendments to the Safe  Drinking
Water Act resulted in a focus to protect
drinking water sources to complement the
original goal of removing contaminants from

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
drinking water. To meet the new require-
ments, states must ensure that each water
system has a Source Water Assessment. Once
the assessments are complete, states and
localities work on action plans to address
any issues found in the assessment. Source
Water Assessments must include four basic
elements:

•  A delineation (or mapping) of the source
   water assessment area.
•  An inventory of actual and potential
   sources of contamination in the delineated
   area.
•  An analysis of the susceptibility of the
   water supply to those contamination
   sources.
•  A mechanism for sharing the results wide-
   ly with the  public.

While the traditional sources of contami-
nants arise from agriculture or industrial
uses, more and more communities are con-
cerned about the  cumulative effects of devel-
opment and runoff on source water.

If you are developing a regional or  compre-
hensive plan, check to see if there is a source
water protection plan or ordinance in your
area. A link to  state programs can be found at
. In addition, the Trust for
Public Land has issued a report called
Protecting the Source, which contains informa-
tion on joint land and water planning. Visit
.
Points to Consider
In many parts of the country, local govern-
ment boundaries have served more to foster
competition than cooperation. Growth pres-
sures, economic conditions, and the underly-
ing structure for assessing taxes all put
pressure on the local funding base. In addi-
tion, there are few incentives to plan across
boundaries, much less develop interlocal
agreements involving tax sharing, growth, or
annexation laws. Nonetheless, some areas
faced with mounting water-related problems
are finding that shared solutions among
counties and cities offer efficient options.
Newspaper headlines on flooding, beach clo-
sures, and emergency water restrictions are
motivating discussions on how to analyze
problems and forge solutions that transcend
boundaries. EPA has recognized the impor-
tance of watersheds as an effective organizing
unit. A good  resource for approaching inter-
local agreements is the Joint Center for
Sustainable Communities. The center repre-
sents an important collaboration between the
National Association of Counties (NACo)
and the U.S. Conference of Mayors (USCM).
Its web site is .

Onsite Wastewater Treatment Systems (also
referred as septic systems, package plants, or
cluster systems) pose challenges to local gov-
ernments trying to manage growth in rural
counties, vacation areas with second homes, or
in fringe areas where water infrastructure can-
not be extended. In the past, soil percolation
rates, drainage fields, and overall perceptions
of septic tanks were limiting factors to wide-
spread use. New technologies, growing
demand for housing in rural areas, and chang-
ing perceptions have reduced barriers to their
use, however. According to EPAs 2002 Onsite

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36
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Wastewater Treatment Systems Manual, nearly
                  one-third of new housing construction is
                  served by onsite wastewater treatment
                  systems.7 The University of Rhode Island's
                  Cooperative Extension Agency has released a
                  new handbook entitled A Creative
                  Combination: Merging Alternative Wastewater
                  Treatment with Smart Growth. The aim of the
                  handbook is to help local governments address
                  growth and wastewater handling at the same
                  time. In addition, the handbook addresses the
                  important role of management, oversight, and
                  enforcement in areas where a large percentage
                  of households use onsite systems to treat
                  wastewater. For more information, visit
                  .

                  As noted in this section, regional planning
                  can result in decisions that  direct growth to
                  certain areas of the watershed. These identi-
                  fied growth centers might be in existing
                  communities, or in undeveloped areas.
                  Efficiently handling growth in these areas
                  eventually leads to discussions on density.
                  Commonly held views on density among
                  Stormwater engineers  and environmental
                  advocates tend to equate density with imper-
                  viousness, which is then equated with poor
                  water quality outcomes. Stormwater ordi-
                  nances that discourage "connected impervi-
                  ous surfaces" might run counter to smart
                  growth plans that call for a compact, but
                  connected, street development form.  Even
                  where localities understand the need to
                  direct density, there may be discussions
                  about requiring automatic "offsets" of open
                  space tied to redevelopment decisions. While
                  some communities will establish programs to
                  connect infill development with land conser-
                  vation,  a blanket, inflexible requirement to
                                                       obtain land might, in the end, stifle a region's
                                                       ability to meet both growth and water goals.
                                                       To address the issue, EPA has issued a report
                                                       called Protecting Water Resources with Higher-
                                                       Density Development. 8

                                                       Comparing the environmental impacts of
                                                       various development options can require an
                                                       extensive amount of baseline data and
                                                       resources to analyze the various build-out
                                                       scenarios. The baseline data needed include
                                                       an inventory of natural resource lands, an
                                                       inventory of developable lands, an inventory
                                                       of undevelopable land in both private and
                                                       private hands, and comprehensive zoning
                                                       maps. Even where these data are  available
                                                       and show opportunities for redevelopment
                                                       and reuse of vacant properties, further work
                                                       might be needed to determine which proper-
                                                       ties are market-ready and which are contami-
                                                       nated, or where ownership is uncertain. In
                                                       some communities, incomplete data may be
                                                       a huge constraint. In these situations, com-
                                                       munities might want to canvass state, univer-
                                                       sity, and conservation district offices to see
                                                       where GIS work has been  conducted.

                                                       A community that does not have all of the
                                                       information listed above might want to begin
                                                       work in a targeted area. For example, if your
                                                       state is updating transportation plans, a city or
                                                       county may want to update local zoning maps
                                                       to support the redevelopment of parcels in
                                                       proximity to the study area. Information from
                                                       this type of review can be used to assess devel-
                                                       opment potential, transportation impacts, and
                                                       scenarios of how that same level of develop-
                                                       ment might look if built elsewhere in an unde-
                                                       veloped portion of the watershed. A carrying
                                                       capacity report can then evaluate the Stormwa-
                                                       ter generated by each scenario. The targeted

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                                       Using Smart Growth Techniques as Stormwater Best Management Practices     31
Main Street Programs have been successful in direct-
ing development to older downtowns.
     review can reveal not only environmental
     information, but also economic barriers and
     transportation investments that need to be
     addressed before growth is redirected.

     If you are a Phase II community and decide
     to team up with Phase I community, keep in
     mind that some of the requirements for
     Phase I can be more restrictive than Phase II.
     Some Phase  I communities use numeric
     goals for BMPs or might have implemented
     rigorous water quality monitoring schedules.
     The additional requirements may be offset by
     the efficiencies of using an established pro-
     gram, however.

     Finally, regional or watershed plans, like any
     other plan, are only meaningful if imple-
     mented. When identifying measurable goals,
     be sure to distinguish where development of
     a plan is a suitable short-term outcome and
     which actual policy  changes are needed to
     ensure the long-term environmental out-
     comes desired.
2. Infill Development

Definition
For purposes of this document, infill is
defined as development that occurs on previ-
ously undeveloped lots within existing devel-
oped areas (the following section on
redevelopment covers development that
occurs on previously developed lots). Infill
development takes advantage of built-out
areas that are already served by a variety of
transportation modes and by infrastructure.
Infill development also accommodates devel-
opment that might otherwise occur on
greenfields sites. EPAs model permit for
Phase II  states that communities can
use policies that promote infill development
and development in areas with existing infra-
structure to meet the post-construction mini-
mum control measure. This section describes
how infill development is typically regulated,
how infill is treated within smart growth
plans, and special points to consider for infill
and Stormwater control. Much of the infor-
mation presented here is also relevant for
Subsections 3  (Redevelopment) and  4
(Development Districts) as well.

Who Do I Talk to
About Infill Plans?
Decisions about where to develop are influ-
enced by numerous factors. While the final
decision nearly always is left to the local
jurisdiction, regions and states also influence
the decisions of both developers and the
localities through incentives and policies.
This subsection therefore addresses policies
at all three levels of government.

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38   i  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
 Green roofs can help
 manage Stormwater
 for infill development
 projects.
                       Photo: University of Connecticut Cooperative Extension System
                  Local Jurisdictions: To understand who to
                  talk to and where to find the land use plans
                  that guide infill development, it is helpful
                  to understand the two ways that localities
                  manage development activities. The most
                  common method in urbanized and urbaniz-
                  ing areas is through zoning, which places
                  limits on the use, type, size, and design of
                  allowed development. Zoning can be either
                  "by-right," meaning that developers can
                  build any development provided it meets
                  zoning standards, or conditional, meaning
                  that developers must seek approval for spe-
                  cific proposals. Within zoning codes, there
                  are standards, called "bulk regulations,"
                  that govern the maximum size of structures
                  on a lot and how the building is located on
                  the site (e.g., lot coverage, setbacks, park-
                  ing, floor area ratio, and landscaping
                  requirements). Localities often use a vari-
                  ance process where deviations from the
                  standards are deemed acceptable.

                  A second method of steering development is
                  through use of incentives. Local jurisdictions
                  seeking specific types of development might
                  give financial or other incentives to develop-
                  ers willing to build within desired parameters.
Zoning and incentive programs are typically
drafted by the planning and/or building
departments of a city and codified in city land
use and zoning ordinances. If you are in a
smaller municipality without zoning, the city
or county engineer might be the best person
to explain development rules, since building
standards—not zoning—guide where devel-
opment can be located and how it is built.
Some larger cities have separate entities to
encourage redevelopment, so personnel in the
economic development division are likely to
have the best understanding of whether there
are special business development zones, spe-
cial tax zones, and  maps showing the bound-
aries of these areas.

If you are unfamiliar with the terminology
used for zoning and comprehensive planning,
visit the Wisconsin Department of Natural
Resources Web site, which posts a list of gen-
eral land use terms to help natural resource
professionals. See .

Regions: Metropolitan planning organizations
(MPOs) are inter-governmental institutions
formed to handle transportation planning in
areas with a population of 50,000 or more.
They also have the responsibility of allocating
transportation funding for areas with popula-
tions greater that 250,000. MPOs might seek
to better match development and transporta-
tion investments through educational tools;
for example, maps  showing 20-year growth
projections. Some MPOs are involved in water
and Stormwater planning. To find out if your
area is served by an MPO, contact your plan-
ning staff, or go to  , which
lists member MPOs.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
                                                          3<
States: A number of states have passed
statewide smart growth legislation, recogniz-
ing that, while development decisions are
made locally, state policies often guide the
decisionmaking process through financial
incentives and policy decisions.
Responsibility for statewide smart growth
policies generally lies in a statewide smart
growth office or planning office, or in a
department of consumer or environmental
affairs. In states that do not have a formal
statewide plan, there may be separate poli-
cies that seek to streamline policies on
growth. States that have embarked on growth
management efforts might also have devel-
oped baseline data on natural resource lands
and larger infrastructure programs. Contact
the state office to see if you can make use of
the GIS mapping or other data for making
decisions on directing growth and infill.  If
your state has passed legislation, enabling
legislation or programs to promote infill as a
smart growth policy, but your locality has
not adopted them, you might want to work
with your zoning or economic development
director to take advantage of the program for
water and growth goals.

Stormwater Benefits
Infill can reduce potential runoff by ensuring
that growth does not create additional imper-
vious surfaces on  the developed fringe and in
environmentally sensitive areas. The impacts
of such development can be considerable.
Growth on the undeveloped fringe results in
less groundwater flow into streams and less
aquifer recharge as water runs over the sur-
face. The 20 regions with the greatest
amounts of land development over the peri-
od 1982 to 1997 now lose between 300 bil-
             Photo: www.pedbikeimages.org/Dan Burden
Infill development car
help a community
grow over time. For
example, a row of "lint
shops" can be added t
surround a surface or
structured parking lot
This adds developmer
intensity, reduces the
overall amount of parl
ing required for the di
trict as a whole, and
improves the pedestri
an environment.
lions and 690 billion gallons of water annu-
ally that would otherwise have been captured
in groundwater supplies through natural per-
colation.9

A modeling study conducted by Purdue
University estimated that placing a hypothet-
ical low-density development at the Chicago
fringe area would produce 10 times more
runoff than  a mixed-use development in the
urban core.10 In Virginia, a Chesapeake Bay
Foundation study found that clustered devel-
opment across the state would convert 75
percent less land, create 42 percent less
impervious cover, and produce 41 percent
less runoff.11

In addition, infill development can make use
of existing infrastructure. Guiding develop-
ment to existing areas also increases the eco-
nomic activity and tax base needed to
support the  maintenance, repair, and/or
expansion of the water infrastructure in
place. This investment can help repair areas
prone to sewer overflows, or enhance treat-
ment facilities in order to meet more strin-
gent water quality standards.

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40     SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  The following measures are the types of reg-
                  ulations and programs that are used to pro-
                  mote infill, and thus facilitate Stormwater
                  improvements. In your permit application or
                  plan for Post-Construction Minimum
                  Control Measures, you can list these out sep-
                  arately, or include them under a general
                  measure such as "infill policies."

                  Setbacks:  Setback requirements can be one of
                  the most important factors shaping the built
                  environment—and hence impervious cover—
                  in your community. Conventional codes often
                  call for minimum setbacks: for example,
                  requiring a building to be at least 50 feet from
                  the street or adjacent properties. Smart growth
                  codes often use maximum setbacks, which
                  stipulate a maximum distance a building may
                  be situated from  the street or sidewalk. A
                  maximum setback brings the building closer
                  to the street and  sidewalk, promoting a more
                  interesting and efficient pedestrian environ-
                  ment. Alternatively, your smart growth code
                  may stipulate a "build to" line. This requires
                  that the building footprint meet a certain line
                  along or within the property, such  as up to the
                  edge of a sidewalk. Check with your zoning,
                  planning,  or public works office to see if your
                  community has minimum setbacks, or if it
                  has made  modifications to allow for maxi-
                  mum setbacks. The convention of setting
                  minimum distances from the roadway can
                  result in excess impervious cover and be ripe
                  for reform to obtain Stormwater benefits.
                  Setback requirements can be found under
                  individual zoning codes or apply to entire
                  districts.

                  Mixed Use Zoning: Mixed use zoning allows
                  (or sometimes requires) buildings with dif-
                  ferent uses (e.g., residential, office, retail) in
                  the same  area or in the same building. This
mix allows for a greater intensity of develop-
ment on a more compact scale, which
reduces the amount of land needed on a per
unit basis. Mixing uses also supports a range
of transportation options and facilitates
shared parking, thereby reducing the amount
of surface needed for roads and parking lots.

Smart Growth Lot Sizes:  In some areas, zon-
ing codes and subdivision standards have
been rewritten to allow for greater density and
more efficient use of the land. Instead of
requiring a minimum of a quarter acre per res-
idential lot, as many current codes do, new
smart growth codes allow smaller lots. This
practice consumes less land per unit. The
smaller lot sizes can also be instrumental to
drawing development  to smaller or oddly
shaped infill lots within an older city.  Large
lots not only consume more land, but the
lawns covering those lots  handle less
Stormwater than undisturbed land. Under
typical subdivision construction practices, sod
is laid over highly compacted soil, so  that
water does not percolate.  Where mass grading
is a typical practice,  the compaction of the
underlying soil further reduces the potential
for infiltration. Lawns treated with fertilizers
and chemicals further add to Stormwater
problems, particularly if treatment occurs
right before a rain event. Smart growth can
minimize some of these impacts. When look-
ing for language governing lot sizes, the zon-
ing code may refer to "maximum lot sizes," or
be presented as zoning categories, such as R-8
(or eight residential units per acre).

Density Bonuses: Density bonuses are used to
provide incentives for developers who agree to
integrate desired features into development
projects. There can be Stormwater benefits to
increasing the development density in existing

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices  ]
communities (e.g., less land consumption,
more efficient use of existing impervious sur-
faces such as roads and sidewalks).  One can
also provide density bonuses to developers
who agree to treat Stormwater on site or who
agree to replace older infrastructure serving
the project. A density bonus may be used to
reduce the footprint of the building by allow-
ing the development intensity to be expressed
through height. Density bonuses are typically
part  of a larger planning process that deter-
mines how much incentive is needed, what
the amount of the bonus will be, enforcement
to ensure both parties  adhere to the arrange-
ment, and other planning needs that accom-
pany the added density (e.g. parking, fire
protection). Density bonuses are typically list-
ed in the zoning code  or plans, or in footnotes
to the plan.

Financial Incentives:  Common incentives
include the use of tax-increment financing,
tax and economic incentives for redevelop-
ment, and promotion  of cost-of-service utility
fees  (instead of average cost pricing, which
can subsidize dispersed development at a cost
to higher density development). Tax incre-
ment financing (TIP)  is a system whereby
property taxes in a particular district are
frozen at a certain level; when property val-
ues rise, the additional tax that would have
been paid is instead directed back into rede-
velopment projects in the district. TIFs are
built on the concept that new value will  be
created, and that the future value can be used
to finance the initial investment.

Typical  Costs
Both conventional development and infill
involve costs to the public sector, because
any new development requires public servic-
es or upgrades. Most research, however, finds
that in the long run, there are fewer public
costs to provide services to infill and redevel-
opment, because existing infrastructure is
used or repairs or upgrades were needed
whether infill took place or not.12

Measurable Goals
An initial goal might be to direct some per-
centage of growth into areas that are already
developed, or to initiate a selected number of
policies to encourage infill development.  To
ensure measurability your community can
establish a system to track building permits
within an area designated for infill. In addi-
tion, your community can institute a priority
system for infill and redevelopment projects
that further improves Stormwater manage-
ment with features such as green building
techniques. A longer-term goal might be  to
increase the overall density of developed
areas and preserve open spaces from devel-
opment. A locality may want to do a "code
checkup" every so often to make sure that
                                          Landscaping can be
                                          used to handle
                                          Stormwater in tight
                                          infill projects. While
                                          native plants are
                                          often recommended
                                          there may be other
                                          factors to include in
                                          plant selection, such
                                          as maintenance,
                                          canopy, root depth,
                                          and water uptake.

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42     SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  the requirements for infill are not more -
                  onerous than those established for new
                  development on greenfields sites.

                  Examples
                  The state of Washington has developed a
                  Phase II application that explicitly lists infill
                  development as an option for fulfilling the
                  post-construction minimum control measure.
                  To view the Department of Ecology's permit
                  application, go to:  (see page
                  14 within the document for the language on
                  infill development).

                  Clark County, Washington, adopted  an
                  infill ordinance in fall 2002. Its infill  guide-
                  lines are applicable only in  certain residen-
                  tial zoning districts for lots under 2.5 acres
                  that adjoin existing development and can be
                  served by existing infrastructure. The ordi-
                  nance allows for two tiers of infill develop-
                  ment. Tier 1 allows only detached
                  single-family housing, but lot sizes can be
                  smaller than existing zoning.  Tier 2 allows
                  attached and detached single-family hous-
                  ing, as well as duplexes and multi-family
                  housing. Developers may also receive densi-
                  ty bonuses. Infill projects are exempt from
                  Stormwater regulations if they create  less
                  than 5,000 square feet of new impervious
                  surface. For more information on the infill
                  ordinance and Clark County's comprehen-
                  sive plan, visit  and go to the
Tier A model permit.

Austin, Texas, has established a variety of
water policies for its Desired Development
Zones (DDZs)  and Water Protection Zones
(DWPZs). In the past, the city provided reim-
bursement for certain water and wastewater
facilities over a three-year period. Under
updated smart growth policies, major water
and wastewater facilities located in the DDZ
will be reimbursed in a single payment.
Within the DWPZ, reimbursement for waste-
water facilities will be discontinued, and the
reimbursement schedule for water facilities
will increase from three years to four. For
more information on Austin's smart growth
incentives page, see .

Some states have adopted priority funding
areas (PFAs), which are areas designated for
growth and, as such, gain priority for grants,
infrastructure, and transportation invest-
ments. In creating these zones, the states
typically inventory how funding is allocated,
and create (or adjust) the funding formulas

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
Incorporating Infill  into Stormwater Regulations:
Wisconsin  Department of Natural  Resources
The Wisconsin Department of Natural Resources has
developed technical materials and guidance for the
post-construction minimum measure under Phase II,
which address new development, redevelopment, and
infill separately.

Definitions

The definitions help establish the development and
regulatory context.

•   "New development" occurs on undeveloped area
    including cropland and other vegetated areas.
•   "Redevelopment" describes an area where imper-
    vious surfaces (e.g., buildings, parking lots, and
    roads) already exist.
•   "Infill area" describes undeveloped land in existing
    sewer service areas that is surrounded by devel-
    oped land or man-made features where develop-
    ment cannot occur.

The Post-Construction Rules
The rules focus on three aspects of stormwater-related
impacts: 1} total  suspended solids (TSS), 2) infiltration,
and 3) peak runoff rates.

TSS refers to a measure of the amount of solids in
the wastewater—in this case Stormwater. TSS is a
way to determine water "cloudiness," which has
implications for the biological functions of aquatic
species. To assess TSS, water samples are passed
through a filter,  and the amount of material cap-
tured is measured relative to the amount of water
filtered.

Wisconsin's requirements for the percent reduction of
TSS are measured from a "typical development pattern
with no controls" or "no BMP" baseline and are tiered
as follows. For new development, an 80 percent reduc-
tion from "no control." For redevelopment, a 40 per-
cent reduction from "no control."
For infill, the requirements are:
•   Less than 5 acres and developed prior to October
    2014, a 40 percent reduction from "no control"
•   Otherwise an 80 percent reduction from "no
    control"
•   The 5-acre in-fill threshold is based on undeveloped
    area available (not amount of land disturbed).
For the infiltration standards, redevelopment sites are
exempt. Otherwise, new residential development proj-
ects are required to infiltrate at least 90 percent of the
water falling on the site and non-residential develop-
ment infiltration volumes are required to be at least
60 percent.

Peak runoff rates (or peak discharge rates) refer to the
maximum volume flow rate  passing a particular loca-
tion during a storm event. Peak discharge is typically
increased with increased development as more water
is collected and conveyed across impervious surfaces.
For example water from two adjacent parking lots is
collected and flows to a common gutter. This additive
volume gathers energy as it  flows downhill toward a
discharge pipe. This increased volume can scour river-
banks and  increase the risk for flooding. Peak dis-
charge is typically expressed in units of volume/time
(e.g., ft3/sec). Within Wisconsin's rules, the peak dis-
charge for post-construction conditions are to be
reduced to the pre-development conditions for the
two-year, 24-hour storm (though some local ordi-
nances may vary).

The peak discharge standards do not apply to:
•   Sites classified as redevelopment
•   Infill development less than 5 acres
For more information on Wisconsin's post-construction
requirements, presented as PowerPoint presentations,
visit .

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44   I  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
   Courtyards and landscaped areas are
   common features of site plans. Small
   modifications in drainage and plant
   selection can improve the water han-
   dling performance of infill projects.
                  to support development in these targeted
                  areas. Maryland's Smart Growth Initiative,
                  passed in 1997, directs state infrastructure
                  funds into PFAs. The initiative identified
                  areas automatically included, and also
                  allowed counties to designate certain areas
                  within their boundaries as PFAs. Under this
                  policy, local jurisdictions may allow develop-
                  ment in non-PFAs, but must fund all infra-
                  structure improvements locally. Phase II
                  communities located in a PFA should make
                  sure local Stormwater policies complement
                  the state plan. For example, a complemen-
                  tary plan would make sure that (1) compre-
                  hensive plans, zoning codes, and standards
                  are in place to foster infill, (2) local funding
                  investments match the state's commitment,
                  including sewers, Stormwater, and trans-
                  portation, and (3) permitting processes do
                  not pose barriers to infill.

                  Rather than require Stormwater handling for
                  each individual project, the  city of San Diego
                  adopted a policy in 2002 to allow infill
                  developers to share in the cost of Stormwater
                  abatement. The Standard Urban Stormwater
                    Photo: City of Portland, Washington

Mitigation Plan allows developers to con-
tribute to Stormwater mitigation that serves
the entire drainage basin. Engineers estimate
that individual developments projects can
achieve savings of up to $40,000 by partici-
pating in a shared Stormwater control pro-
gram. For more detailed information on the
Localized Equivalent Area Drainage program,
(LEAD) visit 
and type "Localized Equivalent Area
Drainage" into the site's search engine.

Some of the best advocates for infill are
developers themselves. The Center for
Watershed Protection has two programs,
Builders for the Bay and the Site Design
Roundtable, which gather information from
developers on the best ways to build
stormwater-friendly developments. For more
information, visit .

Points to Consider
Lots slated for infill can be the last open
spaces in a built-out community. In some
instances, they may be the remaining open
lots that handle urban Stormwater. There is

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                                                        Protecting Water Resources with Smart Growth
no one method for determining whether
these lots should be kept open for stormwa-
ter control or developed. The local develop-
ment context is a critical consideration that
comes into play. Green spaces and parks
serve a multitude of purposes in urban areas
for aesthetic purposes, recreation, and
environmental benefits.

Some lots may not be critical for natural
handling of stormwater, but may be in an
area  with waterways that are already com-
promised by development-related stormwa-
ter runoff. In this case, there are an
increasing number of green building tech-
niques and low impact development (LID)
options for onsite stormwater control.
Developers and their landscape architects
should look  at common urban development
features, such as  courtyards, small water fea-
tures, and tree planting areas for stormwater
control. Since these features are likely to
already be included in site plans, small
design modifications to handle runoff can
improve your project's performance.  The
Center for Watershed Protection has devel-
oped several documents under its "Smart
Sites" initiative, which can be found at
.

As discussed elsewhere in this subsection,
investments from infill development may be
able  to support improved stormwater han-
dling by way of gray infrastructure.
Localities should look at infrastructure
financing plans, and how they can be used
to attract infill investments. A mitigation
plan for development projects can lessen
stormwater impacts related to infill.
Maryland's Guide to BMP Selection and
Location  includes tables of BMPs and in
which setting they perform best. See
.

Finally, even where there is strong consen-
sus among the stormwater engineer and
other planning  departments on strategies
for infill, local residents may  oppose any
new development project in their communi-
ty. In a growing number of circumstances,
the arguments are based on increased
stormwater runoff. Several organizations
have developed tools to help  design better
infill projects and develop community con-
sensus early on. In addition, the low impact
and site design  options listed in this docu-
ment may help  developers, community
members, and zoning officials understand
the options for  handling infill development
in a way  that also protects the local envi-
ronment. The Greenbelt Alliance in
California  has pro-
duced Smarter Infill and Smart Growth
America  
has released Choosing Our Community's
Future.

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46
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                                                    to              for in
                   It is important to keep in mind that the language
                   in your city or county's Stormwater ordinances
                   and guidance will be part of a regulatory and
                   legal framework in the same manner that zoning
                   ordinances are. Thus, the particular wording can
                   have implications for whether the Stormwater
                   policies will work in concert with, or against, your
                   smart growth policies. Most communities will
                   have to balance the need for language that is
                   legally binding, flexible, and designed to deliver
                   Stormwater benefits to the maximum extent
                   practicable.

                   Language  Fostering  Creation
                   of Joint Smart Growth and
                   Stormwater Policies

                   Language specifying that post-development
                   hydrology match the pre-development
                   hydrology: Language to this effect may foster
                   redevelopment. Because the pre-development
                   state of the parcel was already developed, a rede-
                   velopment project with the same lot coverage
                   will essentially have no effect. When you write
                   your ordinance, however, you may want to avoid
                   confusion by specifying that the pre-develop-
                   ment condition  refers to the site immediately
                   prior to redevelopment.
                   Language classifying a smart growth tech-
                   nique as a BMP: This language will verify that
                   your smart growth policies are recognized as
                   Stormwater practices. Note that your guidance or
                   ordinance may also require maintenance and
                   operation for the BMPs. For example, if your "Fix It
                   First" policy is adopted by reference as a stormwa-
                   ter BMP, the BMP maintenance requirements are
                   also likely to apply. If you  have established a BMP
                   maintenance fund, this could establish a new
                   source of funding for priority repairs.
                   Adding "prevention" of Stormwater to your
                   ordinance's purpose or goals section:
                   Stormwater BMPs have traditionally been
                   designed for mitigation; that is, to lessen
                   Stormwater once it is generated. Adding
                                                        Stormwater prevention to your goals, however,
                                                        can help support the prioritization of redevelop-
                                                        ment, compact development plans, and "Fix It
                                                        First" programs.

                                                        Language that includes smart growth policy
                                                        techniques in the definitions: The "Definitions"
                                                        section of your ordinance is an important feature.
                                                        The legal definition v/ill establish how narrow or
                                                        broad your options can be, or even what meas-
                                                        ures can be classified as BMPs. In addition, having
                                                        smart growth policy terms in the definition can
                                                        assist you in cross-referencing other plans, which
                                                        can save time and resources. For example, many
                                                        cities are exempting projects in dense, urban
                                                        areas from infiltration requirements. Rather than
                                                        delineate new areas, some cities are using estab-
                                                        lished districts, such as "Business Improvement
                                                        Districts" or "core downtown" or boundaries set in
                                                        economic development plans. Adopting these
                                                        districts into the "Definitions" section of your
                                                        Stormwater plan automatically delineates where
                                                        policies apply. Even if the policy is  not fully used
                                                        in the ordinance or guidance during the first five-
                                                        year permit, establishing the definition  can serve
                                                        as a placeholder as  your community works out
                                                        the full details.

                                                        Language that refers to design manuals:
                                                        Because the Stormwater management aspects of a
                                                        development  project can be comprised of many
                                                        interrelated elements, ordinances often refer to
                                                        design manuals.The reference to a  manual will
                                                        allow localities to develop and maintain  manuals
                                                        that reflect their smart growth programs. You may
                                                        want to see where a local manual and/or ordi-
                                                        nance on "traditional neighborhood design" or
                                                        "Main Street Redevelopment District" can be cus-
                                                        tomized to add Stormwater management criteria
                                                        for hydraulic sizing and performance standards.

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                                    Using Smart Growth Techniques as Stormwater Best Management Practices
 Language Hindering Creation  of
 Joint Smart Growth and
 Stormwater Policies

 Language specifying that post-development
 hydrology match the pre-development hydro-
 logy: This language, which can help incentivize
 redevelopment as noted above, can block infill on
 undeveloped sites or smart growth on greenfields
 sites. Make sure there is flexibility within your
 Stormwater and urban design plans so that the
 requirement for maintaining natural hydrology
 delivers projects that work in all contexts within  a
 watershed.

 Language requiring that BMPs replicate natural
 systems or non-structural natural BMPs: This
 might be a desired strategy in rural areas or those
 with pristine water resources. If this is a strict state-
 ment that covers all development projects in your
 city, county, or township, however, your communi-
 ty might face difficulties in directing growth  to
 areas specifically targeted for a higher intensity  of
 development. In addition, some strategies for repli-
 cating natural systems require large areas of land
 for infiltration or filtration of pollutants, which
 might consume land needed in a traditional  town
 center or new urbanist plan to create a compact,
 walkable town center. Make sure there is flexibility
 so that there are options for Stormwater manage-
 ment that are context-sensitive.
 Language that classifies the intensity of control
 based on "housing units per acre": Most land  use
 plans classify the intensity of residential develop-
 ment based on housing units per acre. This system
 is based on zoning conventions that tend to  sepa-
 rate uses, and hence, can disperse development.
 Stormwater regulations based on units per acre
 will not only reinforce this system, but are likely  to
 miss the importance of looking at water impacts
 on a "per unit" basis. Many watershed managers
 are faced with growth estimates over the next
 decade that range from several hundred house-
 holds, to thousands of new households. Looking
 solely at "housing units per acre" on given acreage
within a watershed may produce an unrealistically
 low picture of the planning and investment need-
ed. Looking at impacts on a "per unit" basis may
 help communities—in particular, growing commu-
 nities—fully assess water impacts of expected
 growth in total number of households in the
 watershed.

 Language to tie priority funding to adoption
 of a model ordinance: Many states are develop-
 ing model ordinances for local communities as a
 way to reduce the resources needed to develop
 and implement NPDES permit programs. These
 model ordinances are, by their nature, written to
 a minimum level of compliance, and written
 broadly as to be applicable in many different
 environmental settings. As an alternative to a
 model ordinance, states are also allowing com-
 munities to develop innovative alternative plans.
 When priority funding is given for adoption of the
 model ordinance, there  is less incentive for a com-
 munity to choose options for developing innova-
 tive and multi-objective plans. In addition, many
 communities will likely choose an option that is
 as simple and spelled-out as possible. By develop-
 ing specialized manuals for Traditional
 Neighborhood Design and redevelopment areas,
 localities have a ready-to-use option for smart
 growth. Localities and state should look for ways
 to make a variety of options attractive through
 technical assistance and/or funding priorities.

 Impervious coverage limitations: Many state and
 local permits have incorporated impervious sur-
 face limitations (or lot coverage limitations) based
 on studies that show that a watershed begins to
 deteriorate when 7 to 10 percent of the watershed
 is covered by impervious surface. This concept has
 been translated to the site level through ordi-
 nances that limit coverage of rooftops and parking
to no more than 10 to 20 percent of the site. While
this may be an effective strategy in some circum-
 stances (for example, to protect pristine waters), in
others, this type of ordinance serves to spread out
development even more. Larger lots are needed
for all development projects, which serves to
extend the distances among uses. This, in turn,
requires longer stretches of roadway and more
water and sewer infrastructure per unit of develop-
ment.

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48   |  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  3. Redevelopment

                  Definition
                  Redevelopment is development of a site that
                  has been previously developed and is typical-
                  ly covered with impervious or compacted
                  surface.  For purposes of this subsection, the
                  reader can assume that the lot is covered
                  with compacted or impervious surface and
                  has minimal to no value in handling
                  Stormwater. These projects can include
                  development of vacant buildings, lots where
                  a building has been torn down and replaced
                  with gravel parking lots, or older malls.

                  Who Do I Talk to  About
                  Redevelopment Plans?
                  In most instances, redevelopment is left to
                  market forces. Developers and real estate
                  investors seek out available property and
                  either redevelop by-right or petition for a
                  variance or rezoning. In other jurisdictions,
                  special entities are formed to foster redevel-
                  opment. There are often barriers to redevel-
                  opment, including complex approval
                  processes and the perception from lenders
                  that the deal will pose more risk than new
                  development projects.

                  Thus the best resources for learning about
                  redevelopment plans can be private sector
                  organizations, or public/private partnerships.
                  Economic entities, such as redevelopment
                  authorities, "Main Street" programs and
                  brownfields  offices, often work to line up
                  financing, zoning reforms, shared parking
                  arrangements, and other incentives to over-
                  come the barriers and perceptions that sup-
                  press market interest. Talk to your economic
                  development director, chamber of commerce,
                  or city manager to see if there are established
redevelopment districts that can be added to
your Stormwater management plans. If you
are the head of a redevelopment agency, talk
to local experts on land development to
develop scenarios of watershed growth. In
this way, you can present not only the eco-
nomic benefits of redevelopment, but also
the regional water benefits that can accrue
from successful implementation of your
Main Street or brownfields program.

As a stakeholder in the Stormwater process,
you may also want to consult with commer-
cial real estate brokers to investigate why a
commercial district, mall, or older downtown
is underperforming, and what steps are likely
to revive interest.

Examples  of programs that you can ask
about include:

Vacant Property Reform: According to the
National Vacant Properties Campaign, vacant
and abandoned properties occupy about 15
percent of the area of a typical large city—
more than f 2,000 acres on average. Vacant
property reforms are designed to  encourage
the redevelopment of vacant properties,
allowing the utilization of existing buildings
in potentially desirable urban and suburban
locations.  For more information,  see
. The
International City/County Managers
Association has researched and reported on
successful local efforts to bring vacant com-
mercial and residential properties back into
use. For more information, see
.

Greyfields:  Greyfields are a subcategory of
vacant or  underperforming properties.
Greyfields are large, previously developed
properties, such as older shopping malls and

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices  |   4'
warehouses. These sites tend to be large and
well-served by transportation and Stormwa-
ter infrastructure. These properties differ
from brownfields in that they are not con-
taminated or perceived to be contaminated.
To see if your community is working on a
redevelopment strategy for  old malls or other
greyfield sites, contact the department of
economic development or the local chamber
of commerce. This strategy  may include
mixed-use rezoning, enhancing transporta-
tion on the site, and/or redevelopment incen-
tives. Because these sites are so large and  are
not contaminated, you may be able to nego-
tiate for better control of Stormwater on site,
and thus increase the  Stormwater benefits of
the redevelopment project.  The Congress  for
the New Urbanism published Greyfields into
Goldfields,  which presents information on
common reasons behind the decline in malls
and large properties and development
options for reusing the sites. See
< www. cnu. org/cnu_repor ts/
Execu tive_summary. pdf >.

Renovation Codes: Renovation, or rehabilita-
tion, codes are commonly developed to
replace inflexible building codes with a set of
coordinated standards for renovation and
rehabilitation in older areas. For example,
renovation of an old downtown might be
prohibitively  expensive,  or impossible under
building codes created for new development.
Renovation codes meet safety objectives
while setting  workable standards for renova-
tion. Renovation codes also help towns revi-
talize the economy of their  downtowns,
while relieving development pressure on
greenfield sites (and thus retaining the
Stormwater benefits of open space). The
United States Department of Housing and
Urban Development published a report,
Smart Codes in Your Community: A Guide to
Building Rehabilitation Codes, describing vari-
ous redevelopment codes and examples of
rehabilitation codes from across the country.
See .

For developers, redevelopment projects in
already-developed areas are typically more
complex, and thus can be more  expensive.
These developers must work with existing
street and circulation patterns, building con-
figurations, and zoning and regulatory codes,
many of which are decades or even centuries
old. Developers look at the time and cost
involved to see if projects "pencil out" eco-
nomically. Local incentives and regulations
play into cost, including Stormwater manage-
ment. Review your smart growth plan  (and
state programs) to see if funding mecha-

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50
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  nisms, open space and park funds, tax incen-
                  tives, or permit review incentives are avail-
                  able. When packaged strategically,  these
                  incentives may serve not only as economic
                  development incentives, but Stormwater pro-
                  gram incentives as well.

                  Measurable Goals
                  Since redevelopment projects are discrete
                  and are typically tracked through permits,
                  Stormwater managers may be able  to use
                  databases that are already in use. Since many
                  Stormwater consultants are establishing
                  tracking software, work with them to estab-
                  lish new fields to track the impervious sur-
                  face reused through redevelopment. One
                  example of a measurable goal would be to
                  create an inventory of vacant properties and
                  set goals for redeveloping them.

                  As noted in the previous section, you may
                  also be able to track the amount of impervi-
                  ous surface avoided through your redevelop-
                  ment programs. This  approach  would
                  translate how the square footage, building
                  footprint, parking and associated infrastruc-
                  ture would compare under conventional
                  development standards elsewhere in the
                  watershed. As a first step, the Stormwater or
                                                      planning office would need to estimate (1)
                                                      where the development might go were it not
                                                      for redevelopment programs, (2) the average
                                                      parameters for conventional development
                                                      (e.g., likely number of parking spaces, new
                                                      road and access designs), and (3) any other
                                                      secondary impacts that might come from
                                                      new growth.

                                                      Examples
                                                      Comparing build-out scenarios was used to
                                                      assess the transportation and water and air
                                                      quality impacts of Atlantic Station, a brown-
                                                      fields redevelopment project in Atlanta.13
                                                      The  site design for Atlantic Station, located
                                                      on a former steel factory, includes several
                                                      Stormwater improvements. The developer,
                                                      Jacoby Development Inc., built Stormwater
                                                      handling features on the site, upgraded the
                                                      storm and sanitary sewer network for the
                                                      project, and addressed groundwater contami-
                                                      nation.

                                                      As part of EPA's analysis, the Agency com-
                                                      pared how the same intensity of develop-
                                                      ment would perform if built according to
                                                      conventional development standards in
                                                      other parts of the Atlantic metropolitan
                                                      region farther from  the urban core.
    This lake, located in the central part of
    the Atlantic Station redevelopment
    project in Atlanta, Georgia, is a develop-
    ment amenity, but also assists in
    Stormwater management.


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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
 Compared to a greenfields site, the redevel-
 opment scenario had lower total phospho-
 rous and nitrogen loadings, as well as
 reduced volume. In some cases, the compar-
 ative reductions were orders of magnitude
 lower. To learn more about this project, visit
 .

 Points to Consider
 Most of the "Points to Consider" listed
 under the previous section on "Infill
 Development" also apply. As noted above,
 many cities and counties are adding onsite
 water handling requirements  to all develop-
 ment and redevelopment projects. Even
 where there is flexibility in Stormwater ordi-
 nances, cities and counties should make
 sure that the BMP requirements for all proj-
 ects are established on a "level playing
 field." Stormwater engineers and planners
 should compare the costs, the permitting
 process, and predictability of the BMPs
 required for development and redevelop-
 ment projects. For example, Stormwater
 management programs that rely heavily on
 infiltration techniques might  tilt the playing
 field in favor of large, dispersed projects on
 less expensive land. Typically, this land is
 located farther out in undeveloped reaches
 of the watershed,  where infiltration on a
 larger scale is already taking place.  Even
with requirements for infiltration on site,
 the disturbance that takes place can be a net
loss for the watershed. Thus,  Stormwater
and watershed managers may want to assess
the balance of requirements and incentives
to make sure Stormwater rules are not inad-
vertently pushing development to undevel-
oped land.
4. Development Districts

Definition
Development districts (or in some cases spe-
cial zoning districts) are created to achieve
comprehensive planning and urban design
objectives in a specified area. While the pre-
vious subsections reviewed policies for indi-
vidual sites and smaller projects,
development districts are characterized by a
larger site area and the need for complex and
coordinated rezoning, transportation, and
planning efforts. Examples of special zoning
districts include transit oriented zoning dis-
tricts (TOD), business improvement districts
(BIDs), new urbanist projects, traditional
neighborhood  development (TNDs), brown-
fields redevelopment, and "Main Street" revi-
talization districts.

Who Do I Talk to About District
Plans?
If an area is incorporated, any such district
would be found in the city's zoning ordinance.
If an area is unincorporated, county zoning
applies. In some cases, the zoning regulations
carefully delineate the sub-area plans or spe-
cial districts and show them on a map.

If you are in a county that does not have zon-
ing, or has not yet reviewed zoning codes for
redevelopment areas, your locality may have
developed special plans for certain areas, for
example a BID  or "Main Street" redevelop-
ment plan. Check to see if there is a docu-
ment listing specific policies or planned
zoning changes related to development or
redevelopment in the district. Many of the
policies listed in Subsection 2 (Infill

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52
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Development) might be listed and can be
                  included in your SWMP.

                  Innovations in zoning and building codes
                  have emerged under a variety of names. The
                  Smart Code, TND codes, form-based codes,
                  unified development ordinances (UDOs),
                  and model development codes are examples.
                  These codes may apply to the entire munici-
                  pality, to new development only, or in the
                  form of an overlay zone. The Congress for
                  New Urbanism has collected examples of
                  various code innovations at .

                  In reviewing codes with your local planning
                  office or economic development department,
                  make sure that the all pieces are in place to
                  deliver on the smart growth benefits. For
                  example a unified development ordinance
                  might require sidewalks on both sides of the
                  street; however, if state transportation and
                  local zoning policies result in highly separat-
                  ed uses with mandated turning lanes and
                  wide intersections, pedestrian trips may be
                  reduced, if not eliminated. The Stormwater
                  benefits are likewise diminished. Thus, you
                  may need to consult with the zoning and
                  planning office, together with a transporta-
                  tion engineer. If one set of codes supercedes
                  another, you may want to consult with the
                  city or county manager to find flexibility and
                  list  all the benefits, including Stormwater,
                  that come from a smart growth development
                  district.

                  Subdivision codes are a common method
                  incorporated and unincorporated communi-
                  ties use to control development. Most subdi-
                  vision codes establish how many housing
                  units can be built by-right on undeveloped
                  land.  Over time, subdivision codes have
                                                                                  This path allows safe
                                                                                  pedestrian and bike
                                                                                  passage, but is also
                                                                                  designed for access
                                                                                  by emergency and
                                                                                  service vehicles.
                                                     Photo: www.pedbikeimages org/Dan Burden

                                                       evolved to control development-related
                                                       aspects such as street widths, septic require-
                                                       ments, and/or infrastructure planning. Some
                                                       subdivisions may also be governed under
                                                       drainage districts, which place limits on
                                                       impervious surface coverage and map devel-
                                                       opment restrictions in areas of significant
                                                       drainage flows. In some cases, subdivision
                                                       requirements will govern the street network
                                                       and control the number of connections
                                                       required between the subdivision and sur-
                                                       rounding parcels (see Subsection 8, Smart
                                                       Growth Street Designs for more informa-
                                                       tion). Consult your city or county's engineer
                                                       or planning office  to see if smart growth
                                                       policies have been added to your subdivision
                                                       codes.

                                                       Check to see if your community has formed
                                                       public/private partnerships or alliances to
                                                       facilitate planning and implementation for
                                                       these districts. Also check with a local histor-
                                                       ical society, the downtown business associa-
                                                       tion, or the local chamber of commerce to
                                                       see if they are aware of special planning or
                                                       economic development districts.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
Brownfields are properties with real or per-
ceived contamination from prior uses and, in
some cases, are classified as districts for the
purposes of cleanup, financial incentives, and
coordinated redevelopment. Larger brown-
fields can include former military bases, trans-
portation facilities, and institutions. These
large properties are often located in areas near
existing transportation and infrastructure. The
larger parcels pose opportunities to redesign a
development program that includes smart
growth features, like multi-modal street
design, advantageous use of existing trans-
portation routes, and open space. EPA esti-
mates that for every acre of brownfields
redevelopment, 4.5 acres of greenfields can be
preserved.14 Check to see if your community
has developed plans for brownfields identifi-
cation, cleanup and/or development plans.
There may  be opportunities to design large
scale, onsite Stormwater handling in areas
where the contamination will not be trans-
ported after redevelopment has taken place.

Stormwater Benefits

As noted in the previous subsections, special
zoning districts can limit overall Stormwater
runoff by directing development away from
greenfields at the urban fringe into existing
urban areas. (See Subsections 2, Infill
Development, and 3, Redevelopment, for fur-
ther information on the impacts of encourag-
ing infill.) Coordination of planning, invest-
ment, and infrastructure for a district can
also result in a more efficient site plan.
Development decisions are made at a larger
coordinated scale, which can facilitate effi-
cient street layouts, a smaller footprint for
parking facilities, and less expensive options
for collecting and handling Stormwater for
the district.

In addition, mixed-use districts can support
a wider variety of transportation options,
which lessens the impacts of transportation
on water quality. Auto emissions have delete-
rious effects through deposition of exhaust
and accumulation of automotive related
materials (brake linings and tire tread wear)
that are carried into waterways through
Stormwater runoff.

A 2004 study conducted by Asad J. Khattak
and Daniel Rodriguez of the University of
North Carolina, Chapel Hill,  suggests that
households in the neo-traditional develop-
ment substitute driving trips  with walking
trips. The study examined differences in
travel behavior in a matched  pair of neigh-
borhoods  (one conventional and one neo-tra-
ditional) in Chapel Hill and Carrboro,  North
Carolina. The survey and study of 453
households suggest that single-family house-
holds in the neo-traditional development
make a similar number  of total trips, but sig-
nificantly  fewer automobile trips, fewer
external trips, and shorter trips than house-
holds in the conventional neighborhood,
even after controlling for demographic char-
acteristics of the households and for resident
self-selection.15 One term that transportation
professionals often use to describe trip-mak-
ing within a set district  is "internal capture
rate." When urban planners talk about a
high internal capture rate for a proposed  dis-
trict, this forecast relates to a  higher percent-
age of multi-modal and/or combined trips
within the district. This is something
Stormwater professionals should look for
when evaluating plans.

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54   i  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
         Paved Area per Dwelling Unit - a Comparison
                Conventional Residential Subdivision
                                                             Mixed Use, Traditional Neighborhood Design
         Vermillion is a traditional neighborhood outside Huntersville, North Carolina. The town enacted a TND ordinance to
         coordinate the approval process forTNDs.The two maps were drawn to compare the TND design and a more conven-
         tional, residential-only design.
         In the new urbanist street plan, the greater part of the paved areas is taken up by narrow 18 feet roadway widths,
         whereas the conventional plan relies on wider 30 feet streets. Although the roadway area is higher in the TND plan, the
         street component per dwelling unit is far less, as indicated in the following tables.

         Conventional Design

         • 38 single family homes
         Street Width (feet)   Street Length (feet)      Street Imperviousness (ft2)
                 18

                 24

                 30
                              275

                              350

                              2111
4,950

8,400

63,330

76,680
         76,680/38 dwellings = 2,018 square feet street imperviousness/dwelling unit
         Traditional Neighborhood Design

                                         i  One office building (4,400 square feet)
                                         •  Two medium sized office buildings (30,000 square feet total)
                                         •  Three smaller commercial buildings (15,000 square feet total)
                                         •  One restaurant (5,000 square feet)
                                         •  One church (10,000 square feet)
•   40 single family homes
•   16 studio apartments
•   16 live/work dwellings
•   74 townhouses
Total 146 residential dwelling units
          Street Width (feet)   Street Length (feet)      Street Imperviousness (ft2)
                 18

                 24

                 30
                              3,270

                              750

                              525
58,860

18,000

15,750

92,610
          92,610/146 dwellings = 634 square feet street imperviousness/dwelling unit

         The analysis did not look at sidewalk lengths, or the street imperviousness related to commercial buildings.16

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
Development and redevelopment plans that
are based on districts might also allow
Stormwater officials to meet requirements
under the Illicit Connection Minimum
Control under Phase II.  Many large redevel-
opment parcels are near waterways and offer
the potential to correct Stormwater and infra-
structure problems. Many illicit connections
are found in older manufacturing districts, so
you may be able to also  meet requirements to
find and eliminate illicit discharges.

Finally, the Stormwater performance of a site
is the result of, or enhanced by, the additive
effect of several redevelopment policies. For
example, in a TOD district, policies to
require higher density development are com-
bined with maximum setback rules and
reduced parking requirements. All three of
these  policies work together to support tran-
sit use and higher density projects on a
smaller development footprint. It is worth
noting that under current practice, develop-
ment  districts such as office and industrial
parks do not carry these advantages. The dis-
persed arrangement,  large surface parking
lots and predominance of a single use (e.g.,
office only) serve to spread development—
and the associated impervious surfaces—out
further.

Typical Costs
For the public sector, the cost of planning a
special district and setting or revising zoning
is the  staff time required to research, adopt,
and implement the new  codes. Some com-
munities hire consultants to help gather and
coordinate stakeholder input, draft design
alternatives, and create final plans. The range
of costs varies. You may be able to tap the
expertise of a local university or nonprofit at
a lower cost for gathering input and narrow-
ing the scope of items that need the special-
ized skills of a consultant.

While brownfields redevelopment can be
costly, new regulations and programs are in
place to assist localities and developers. The
variety of activities related to financing and
redeveloping brownfields sites is beyond  the
scope of this publication, but you may have
brownfields redevelopment activity under-
way which you can cite in your Stormwater
guidance materials. EPA has a comprehensive
site on how to remediate,  market, and devel-
op brownfields sites at .

Some communities may already have design
manuals in place for transit districts, TNDs,
or new urbanist communities. These can
serve as a starting point for developing a
joint smart growth/stormwater BMP manual.
These manuals typically include detailed
information on streets, building envelopes,
the use mix, and transportation connections.
Stormwater, zoning, and planning depart-
ments may be  able to cost-effectively create a
BMP manual for development districts from
work that has already been completed. For
example, a  Stormwater engineer could take
the city's manual on TND  and insert infor-
mation on siting Stormwater handling facili-
ties within  the TND, on using water features
for Stormwater control, and sizing criteria for
various BMPs and performance criteria at the
site and neighborhood scales.

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56   1  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Measurable Goals
                  For a jurisdiction without comprehensive
                  zoning for development districts, a short-
                  term goal could include adoption of a special
                  district ordinance. For a jurisdiction that
                  already has special zoning districts in place,
                  goals would depend on the type of ordinance
                  adopted. For jurisdictions with TOD zoning,
                  a goal might be to raise the percentage of
                  new development built in already-developed
                  areas by a certain percent over a specified
                  time period. If detailed information is avail-
                  able on transit use, one can estimate the
                  reduction in automobile-related deposition
                  and runoff pollution.

                  As listed above, communities may also want
                  to estimate stormwater performance of smart
                  growth projects not only on the site level,
                  but on the watershed or regional level as
                  well. Redevelopment of an entirely devel-
                  oped site basically results in no net increase
                  in stormwater at the local level, but also
                  absorbs development demand that would
                  otherwise result in the addition of impervi-
                  ous cover in an undeveloped portion of the
                  watershed.  Subsection 1, Regional Planning
                  gives information on the methods for com-
                  paring smart growth and conventional devel-
                  opment plans.

                  Examples
                  San Diego has launched a "City of Villages"
                  plan to direct development via infill and
                  redevelopment to certain neighborhoods.
                  The planning update and the stormwater
                  management cross-reference the City of
                  Villages infill plan as a water strategy. To see
                  more on the planning efforts, visit
                  . For more
                  on the Urban Runoff Management Plan, visit
                  .
   LEED Neighborhood
   Design

   Check with your zoning or environmental
   works department to see if your locality has
   adopted the U.S. Green Building Council's
   (USGBC's) scorecards. These scorecards, called
   LEED (for Leadership in Environmental and
   Energy Design), contain rating systems for
   development and redevelopment projects.
   USGBC is developing a new scorecard called
   LEED Neighborhood Design - or LEED ND.
   This scorecard includes not only green
   aspects of individual buildings, but of their
   location as well. Thus, the scorecard takes
   into consideration the smart growth princi-
   ples based on transportation options, a mix
   of housing types, and connections to the
   broader community. LEED scorecards, includ-
   ing LEED ND, include rating points for how
   the project or district handles stormwater,
   and might provide a template for measuring
   your locality's performance under NPDES. For
   more information on the LEED scorecards,
   visit .
An example of creative stormwater financing
comes from Elm Grove, Wisconsin.
Flooding has been a significant problem for
the city—in particular, for the downtown
area. In 2001, the city developed an econom-
ic development plan for the downtown, with
a focus on reducing the flooding. To address
the flooding issue, the city has developed a
stormwater mitigation plan with many ele-
ments, including restoration of concrete-
lined creeks to their natural state, improving
stormwater retention areas and redesigning
the city's park with water control in mind.
Because the flood management plan is
expected to reduce the size of the 100-year
floodplain, properties that are no longer in
the floodplain as a result of the improve-
ments will increase in value. The town is

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
 creating a TIP district to capture this value,
 and invest in the targeted Stormwater
 improvements. The town is also creating a
 Stormwater utility because the monies raised
 through the TIP are not expected to cover the
 costs of all of the needed improvements. The
 town is coordinating the water planning with
 the revised Master Plan for its downtown,
 which will include retaining a small town
 feel, creating a pedestrian friendly environ-
 ment, and incentivizing redevelopment in the
 downtown area. For more  information, visit
 < www. elmgrovewi. org>.

 The Trust for Historic Preservation sponsors
 the Main Street Program to spur investment
 in older downtowns. Enterprise Zones and
 Elm Street Programs are other programs
 established to attract investment to older
 downtowns. These programs are evidence of
 growing interest in historic areas and what
 they offer, such as unique older buildings, a
 walkable layout, and economic potential.
 Stormwater professionals should look to
 these programs in their communities as a way
 to manage Stormwater runoff within their
 watersheds. To learn about the specific poli-
 cies and programs, visit
 .

 The Mountain View, California, transit sta-
 tion, called The Crossings, is an example of
 how redevelopment of a greyfields site into a
 transit district can include better Stormwater
 management. Prior to redevelopment, the  16-
 acre site was 98 percent impervious cover
and home to an underperforming shopping
mall. Because the California Department of
Transportation planned to build a commuter
rail station immediately adjacent to the site,
the city of Mountain View envisioned making
the station a success through a higher density
and mixed-use development program. As
redevelopment occurred, planners were able
to build in onsite handling of Stormwater for
more than 45 percent of the site. Open spaces
designed to absorb water are complemented
by compact building sites, a grid of narrow
streets and a space-efficient parking plan. For
this and other case studies, visit the Natural
Resources Defense Council's "Stormwater
Strategies" at ;
follow the links to "The Crossings."

Points to Consider
One type of special district that requires par-
ticular attention is the use of impervious sur-
face coverage districts. Impervious surface
zoning districts generally set maximum ratios
on the amount of impervious surface  within a
zone or, more commonly, on a parcel. For
example, an ordinance might state that no
more  than 20 percent of a lot may be  covered
with impervious surfaces such as rooftops,
driveways,  or accessory buildings. Often, the
purpose behind impervious surface districts
   A mixed-use district is used at The
   Crossings, in Mountain View, California.

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58
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                 is based on studies that show watershed
                 decline begins once impervious surface cover-
                 age exceeds 10 percent.17 The 10-percent fig-
                 ure has been applied to the individual site
                 level within the watershed, suggesting that
                 limiting development to lower densities that
                 only cover a portion of the site will translate
                 across the watershed to more pervious sur-
                 faces for Stormwater control and preserved
                 ecological function.

                 However, application of an impervious sur-
                 face district on a parcel-by-parcel basis, might
                 not help meet Stormwater objectives, and in
                 fact, might result in worsened water quality,
                 particularly on a watershed scale. The follow-
                 ing are points to consider regarding impervi-
                 ous surface districts that apply only to the
                 site level:

                 Impervious surface ordinances consider
                 only site cover, not the ultimate goal of
                 reducing Stormwater runoff volumes: For
                 example, suppose a homeowner would like to
                 build an addition to his/her house, which is
                 located in an older urban area that the city
                 has designated for economic redevelopment.
                 The homeowner also would like to discon-
                 nect the downspouts and develop a rain gar-
                 den and other features to handle all of the
                 Stormwater on site. An impervious surface
                 code, read strictly, would prohibit that home-
                 owner from building the addition, even
                 though the homeowner would improve
                 Stormwater management on the lot. The
                 impervious surface  district has the effect  of
                 creating a low-density district, which may run
                 counter to a community's wish to accommo-
                 date more density in certain neighborhoods
                 to make use of transit, foster redevelopment,
                 or respond to market demand.
                                                       Much of the "pervious" surface in low-densi-
                                                       ty development acts like impervious surface
                                                       for handling Stormwater: Development prac-
                                                       tices can involve wholesale grading of a site,
                                                       removal of topsoil, severe erosion during con-
                                                       struction, compaction by heavy equipment,
                                                       and filling of depressions. Research now
                                                       shows that the runoff from highly compacted
                                                       lawns is almost as high as runoff from paved
                                                       surfaces.18 The turfgrass planted in a typical
                                                       new residential project does little to  reverse
                                                       the  impacts to the soil by construction.
                                                       Further, turfgrasses have shallow roots that
                                                       do not provide the same soil anchoring, water
                                                       uptake, and other ecological processes as
                                                       deep-rooted native grasses and plants.

                                                       Low-density developments tend to be
                                                       accompanied by more offsite impervious
                                                       infrastructure: Development in a watershed is
                                                       not simply the sum of the parcels within it.
                                                       Rather, total impervious area in a watershed
                                                       is the sum of site developments plus all of the
                                                       infrastructure (e.g., water utility, transporta-
                                                       tion) supporting those sites. For example, the
                                                       hard cover of a parking space with dimen-
                                                       sions of 18 feet by 9 feet is not the only
                                                       imperviousness associated with that space.
                                                       Drive or access aisles are also typically coded
                                                       into parking standards; a parking lot with 90-
                                                       degree parking typically is served by a 24-foot
                                                       drive aisle that spans the length of the park-
                                                       ing lot and ties into other access lanes.
                                                       Additionally, many modern street codes
                                                       require additional lanes for turning,  decelera-
                                                       tion, and service lanes. An impervious surface
                                                       coverage district that considers only develop-
                                                       ment of individual sites might miss  much of
                                                       the impervious surface that is leading to
                                                       degradation of water quality in the entire
                                                       watershed.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
Growth is coming to the region; limiting
density on a given site doesn't eliminate that
growth. Density limits are responses to—
and attempts to manage—growth: Yet these
limits do not, in fact, manage growth; they
only manage the growth on the density-limit-
ed area. The rest of the growth that was going
to come to the region still comes, but spreads
throughout or across the watershed.

From a water resource protection perspective,
defining the balance of developed areas and
open space requires a broader look at water-
shed management, rather than limits on a par-
cel-by-parcel basis. A first step is to plan for
strategic preservation of continuous tracts of
open space. Second, preservation of critical
ecological areas such as riparian corridors,
stream buffers, flood plains, and wetlands is
needed. These parcels are of critical impor-
tance in developed areas to absorb and filter
Stormwater. Third, for land that is to be devel-
oped, smart growth strategies such as higher
density and more compact development serve
to disturb less land and accommodate more
development. As mentioned elsewhere in this
publication, redevelopment sites are particu-
larly attractive when considering development
and Stormwater mitigation options since they
use already-developed sites and are likely to
use existing infrastructure.

There is a spirited debate about the perform-
ance of impervious surface limitations and
how they should be structured to achieve the
intended water quality goals. One result of the
debate is a better focus on comprehensive
strategies needed in a watershed.
Organizations like the Center for Watershed
Protection  and Project
NEMO's research division   are fine-
tuning the mapping, measurement, and char-
acterization of impervious surface coverage
and the relationship to water quality.

If an impervious surface special district is in
your plan, one suggestion is to make sure the
program looks at a watershed scale and the
individual parcel, and includes all supporting
impervious surfaces in the watershed.
Another strategy involves modifying or elimi-
nating the coverage limitations for certain dis-
tricts  to which you want to direct growth. You
may want to conduct a survey of impervious-
ness per unit of development for conventional
and smart growth plans. Impervious surface
limitations may make sense in one part of the
watershed (for example in headwater areas)
or when applied watershed wide, but only
when carefully reviewed with other subwater-
shed and subareas plans where redevelopment
and development is desired.

If your locality has a smart growth plan, make
sure your impervious surface zoning does not
act as a barrier to that plan. If your plan calls
for higher density in certain districts, such as
TOD  districts and downtown redevelopment
areas, then your impervious surface district
should have enough flexibility to allow such
density. Many areas are exploring the possibil-
ity of trading systems that coordinate develop-
ment  and preservation efforts. Trading
programs might be found within a total maxi-
mum daily load (TMDL) program, for trading
of impervious surfaces on a watershed-wide
basis, or through a "payment in lieu of pro-
gram  for installing BMPs. EPA has launched
efforts to facilitate trading as a way to improve
water quality. To learn more about EPA policy
and the steps involved in establishing a trad-
ing program, visit .

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60
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                   TMDLs, Stormwater, and Smart Growth
                   Across the country, more than 40 percent of
                   waterways are impaired by pollutants, sediment,
                   temperature (typically heat), and nutrients. These
                   waterways can be stream segments, bays, estuar-
                   ies, and lakes. Once a waterway is listed as an
                   impaired waterbody, localities are responsible for
                   developing a "budget" for how much of a pollu-
                   tant load the waterbody can experience. This
                   budget is referred to as a TMDL,  or total maximum
                   daily load. A process typically follows to identify
                   major sources (e.g., agriculture, urban runoff) and
                   allocate a portion of the pollutant load to each
                   source. The goal of a TMDL program is to restore a
                   waterway by reducing pollutant sources. Thus,
                   sources often face reductions in  how much pollu-
                   tant they contribute.

                   Stormwater can be a major contributor to  impair-
                   ments due to the heat, nutrients, metals, and
                   other pollutants carried in runoff. Thus, reducing
                   Stormwater runoff in areas with  impaired water-
                   bodies is often at the center of the TMDL process.

                   As discussed throughout this document, smart
                   growth techniques can help prevent and/or
                   reduce Stormwater volume and the pollutants
                   carried within the runoff. In other words,  smart
                   growth can offer load reductions. By encourag-
                   ing designs with  lower impacts, the locality has
                   taken steps not only to lessen development's
                   effect related to transportation and infiltration,
                   but also to provide an incremental reduction in
                                                         the pollutant load from Stormwater discharges.
                                                         Though not required, some states and localities
                                                         are including budgets within TMDLs for future
                                                         growth. Communities that adopt growth man-
                                                         agement strategies that encourage smart growth
                                                         and discourage sprawl are in a better position to
                                                         control pollutant loadings from Stormwater dis-
                                                         charges, soil erosion, wastewater treatment sys-
                                                         tems, and many other sources of pollutants.

                                                         Some states have expressed concern that imple-
                                                         mentation of TMDLs could impede smart growth
                                                         strategies because TMDLs will prohibit additional
                                                         sources, which is assumed to be a prohibition on
                                                         redevelopment and infill for urban areas. The fear
                                                         is that developers will be  inclined to focus their
                                                         proposals on "greenfields" on the urban fringe,
                                                         where TMDLs are not in place. Consider, however,
                                                         that (1) many vacant and  unused properties in
                                                         urban cores already are largely impervious as a
                                                         result of paving  and soil compaction, so putting
                                                         new buildings on these sites is unlikely to make
                                                         runoff outcomes worse, (2) as described else-
                                                         where in this publication, green building and site
                                                         design options present the potential for actually
                                                         reducing runoff volume and pollutant loadings
                                                         from infill and redevelopment sites, and (3) green-
                                                         fields development projects commonly have their
                                                         own Stormwater requirements so that a develop-
                                                         er of any site will need to think about appropriate
                                                         controls.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
 5. Tree and Canopy Programs

 Definition
 Urban forestry programs are not typically
 considered stand-alone smart growth poli-
 cies; however, tree programs are increasingly
 appearing as elements of larger urban design
 plans for landscaping or aesthetic purposes.
 In addition, tree policies are evolving to
 include abatement of urban heat island
 effects, or as part of transportation plans to
 improve the pedestrian environment. There
 are different types of plans and ordinances,
 from those that protect historically signifi-
 cant trees to tree planting programs. Street
 tree ordinances generally cover the planting
 and removal of trees within the  public right-
 of-way.

 These  new urban forestry policies are also
 evolving to target tree canopy and shade
 cover,  rather than policies that focus on
 numbers of individual trees. In other com-
 munities,  trees are becoming part of the
 "public utility" as new methods are devel-
 oped to measure and account for the  envi-
 ronmental attributes of mature trees. The
 "utility" approach also recognizes  that trees,
 like power lines and pipes, require mainte-
 nance  and have costs associated with that
 maintenance. Whether it's the pedestrian
 environment, aesthetics, or air quality, the
 result of an effective urban forestry policy
 translates  into Stormwater benefits.

 Who  Do I Talk to About Tree and
 Canopy Programs?

 Tree ordinances are typically overseen by
 public  works departments or departments of
 environmental quality; however, also check
with your local extension agent. The
International Society of Arboriculture has a
Web site describing the development, imple-
mentation, and evaluation of tree ordinances;
go to  and type "ordi-
nances" into the site's search engine. Scenic
America also lists a model tree ordinance, at
. American Forests' Web
site at  tracks tree
policies and ordinances, as well as innova-
tions in technology, research, and non-regu-
latory methods for supporting urban forestry.

Stormwater Benefits
A well maintained tree canopy can provide a
variety of environmental benefits. Trees pro-
vide erosion control and help reduce the
costs of structural Stormwater management,
including land acquisition costs and con-
struction of Stormwater retention facilities.
Strategically preserving or planting trees
along urban rivers, streams, and creeks can
reduce water temperatures. Increased tem-
peratures affect certain native aquatic
species, can increase nuisance algae  popula-
tions, and impact commercial activities that
rely on stable water temperatures for recre-
ation, industrial use, or aesthetics. Tree
canopy intercepts rainwater, which provides
for gradual release of rainwater into  streams,
thereby preventing flooding, filtering toxins
and impurities, and extending water avail-
ability into dry months when it is most
needed.

Examples from selected cities include:

•  At a south Miami residential study site
   the existing tree canopy reduces
   Stormwater runoff by 15 percent.19

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62   I  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
          On-street parking can be coupled with tree wells in a
          downtown setting.

                  •  In Milwaukee, the existing tree canopy
                     cover reduces Stormwater flow by up to
                     22 percent and provides the city an esti-
                     mated $15.4 million in benefits. On aver-
                     age, trees in Milwaukee sample sites
                     reduced total Stormwater runoff volume
                     by 5.5 percent and reduce peak flow by
                     9.4 percent. At the residential study site,
                     the 42 percent existing tree canopy
                     reduces Stormwater runoff by 22 percent.
                     If all trees in the Milwaukee study were
                     removed, the additional Stormwater flow
                     would be enough to require the construc-
                     tion of an estimated 357,083 cubic feet of
                     retention capacity valued at approximately
                     $15.4 million.
                  For information on other environ-
                  mental benefits from trees, visit
                  .

                  Typical Costs
                  Tree programs and ordinances have costs
                  mainly associated with development, imple-
                  mentation, and enforcement. Maintenance of
older trees can be expensive, particularly
since the goal of your program is to nurture
trees to maturity for maximum Stormwater
benefit. When these costs are considered as
part of a community's Stormwater infrastruc-
ture, however, they may prove worthwhile
when compared to other water control
expenses. Garland, Texas, used American
Forests' software package CITYGreen to
measure the cost savings associated with its
tree canopy. Garland's trees provide 19 mil-
lion cubic feet in avoided storage (for the
average maximum two-year 24-hour storm
event). The city estimated that it saves $2.8
million annually, calculating the cost of con-
struction funding over the 30-year life of a
facility.20

Measurable Goals
Short-term goals can include the establish-
ment of a tree program that tracks the num-
ber of trees that have been saved or the
number of trees planted in your jurisdiction.

As noted previously, maximum Stormwater
benefits come from tree canopy cover. Urban
forest groups have established the environ-
mental performance of tree cover. Software
programs can help establish your baseline
tree canopy and  estimate the dollar value of
the services provided to a community by its
tree cover. Establishing a baseline and track-
ing cover with a software package can trans-
late into numeric expressions of Stormwater
performance. For more information on one
such program CITYGreen, visit

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices     61
 Examples
 The U.S. Department of Agriculture's U.S.
 Forest Service-Southern Region maintains
 information on trees and tree cover, includ-
 ing research, PowerPoint presentations, and
 model tree programs at
 .

 The City of Roanoke, Virginia, used
 CITYGreen to measure cost savings associat-
 ed with its tree canopy. Roanoke's 32 percent
 tree canopy provides 64 million cubic feet in
 Stormwater retention capacity, valued at $128
 million (based on construction costs estimate
 at $2 per cubic foot). Based on the study
 results, the city council passed a 40 percent
 tree canopy goal as part of the city's compre-
 hensive plan.

 Points to Consider
 Different trees have different absorption
 rates, growing condition needs, growth rates
 and life spans. Consult an arborist to deter-
 mine which trees will suit the  needs of your
 community. In the Pacific Northwest, Metro
 (Portland Oregon's regional government) has
 published a guide to the Stormwater benefits
 associated with different trees. For specific
 interception rates for different types of trees
 and  analysis of the benefits of  different tree
 species, see Trees for Green Streets: An
 Illustrated Guide,  (order from ). Note
 that many climates in the United States are
 too arid to support a full canopy;  these areas
 can use xeriscaping and other landscaping
 means to control runoff. Additionally, decid-
 uous trees are far less effective at capturing
 Stormwater once they shed  their leaves  in the
winter.
When developing a tree ordinance, clearly
outline your goals, methods of coordination
and enforcement, and evaluation procedures.
At least one tree ordinance has been success-
fully challenged in court as unenforceable by
a developer because the language was too
vague. In 1999, a Fulton County Superior
Court Judge ruled in favor of developer
against the city of Atlanta because a section
of the city's tree ordinance lacked "sufficient"
objective standards.

If you include urban forestry in your
Stormwater program as a BMP, think long
term about maintenance requirements and be
creative in finding funds for maintenance. If
there  are funds dedicated to funding all types
of Stormwater BMP maintenance, consider
using these funds for tree  pruning, tree care,
and replacement programs. The state of
Pennsylvania has proposed a BMP mainte-
nance program that allows developers to pay
a fee to cover maintenance for 10 years. For
urban forestry programs, this can be an effec-
tive funding mechanism for getting a tree
program started.
                                           Students at an ele-
                                           mentary school in
                                           Des Moines, Iowa,
                                           plant a tree during
                                           Arbor Day celebra-
                                           tions.

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64   ;  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  6. Parking Policies to Reduce
                  Number of Spaces Needed

                  Definition
                  Parking lots are one of the more visible
                  aspects of imperviousness within the built
                  landscape, and managing Stormwater
                  through better parking lot design is con-
                  tained in  many of EPA's guidance documents
                  on improving water quality. Retrofitting
                  parking lots is emerging as a popular BMP;
                  however,  an equally effective approach is to
                  reduce the footprint associated with parking
                  spaces before  they are actually built. Thus a
                  parking policy that updates land develop-
                  ment standards and zoning codes to reduce
                  the parking footprint is a BMP.

                  This subsection looks at two broad techniques
                  for reducing the amount of imperviousness
                  associated with parking:
           This streetscape design ties together retail activity, land-
           scaping and parking. Tree grates were designed to cap-
           ture water and provide shade while also providing easy
           access for pedestrians and motorists as they exit the
           parking area along the street.
•  Structured parking: Instead of surface
   lots, parking can be provided in garages.
   The same number of spaces can thus be
   provided on considerably less land. While
   parking can also be provided below grade,
   for most areas this is prohibitively expen-
   sive. Therefore, this subsection will dis-
   cuss items mainly related to structured
   parking.
•  Reductions in number of spaces:
   Reducing the number of parking spaces
   involves two main techniques:
   1)   Reduce parking requirements which
       mandate a certain amount of parking.
       These requirements often require too
       many spaces but can be retooled to
       reduce spaces, provide flexibility for
       TOD, or change from minimum to
       maximum ratios.
   2)   Encourage shared parking, by which
       users of two nearby facilities can share
       the same parking spaces at different
       times. For example, a church, which
       generally needs parking on Sunday
       mornings could share parking spaces
       with a movie theater, which needs
       parking spaces in the evenings. Shared
       parking can also apply to better use of
       on-street parking spaces.
This section does not include information on
retrofitting parking lots with infiltration
strips and landscaping since the focus is on
the sizing and footprints for parking. There
are links in the "Resources" section to more
information on using infiltration techniques
on new and existing parking lots.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices  ;   t
Who Do I Talk to About Parking
Plans and Requirements?
In general, parking requirements are con-
tained in land use and zoning documents,
and are typically expressed as minimum
numbers of spaces per unit of development.
They may be in plans held in the depart-
ment of public works or in the office of
planning. On-street parking is typically gov-
erned within the local traffic engineering
office or in the department of public works.
There are various types of parking and poli-
cies related to parking as discussed below.

Parking Requirements: Most zoning codes
have detailed specifications of parking
requirements by use (e.g., a commercial dis-
trict may specify four parking spaces per
1000 ft2 of office space). A residential dis-
trict may require two off-street spaces per
unit. Within a district, there  may be further
parking specification by use; for example, for
a church or for fast  food restaurants.
Localities enacting smart growth plans are
changing their parking standards in recogni-
tion that fewer spaces are needed when there
are transportation options and a mix of uses.
They are also changing policies to permit
more flexible programs.  For example, some
jurisdictions are beginning to use maximum
parking requirements instead of minimums.
Review the parking requirements in your
zoning codes, within special  use permits, and
in parking guidelines and Stormwater ordi-
nances that may serve as a barrier to flexibil-
ity. For example, language might require  a
business to satisfy its parking requirements
within 400 feet and reserve parking only for
that business. This could prohibit shared
parking, as discussed below.
   Transforming parallel spaces to diagonal
   ones on this wide retail street increases
   the amount of parking without adding
   impervious surface.

Parking Overlay Districts: Overlay districts
introduce new requirements. Parking over-
lays are good for transit districts, where
policies are needed to support several
modes of travel. For example,  a TOD dis-
trict may have a parking overlay that
reduces the number of spaces needed based
on proximity to a transit stop. Combining a
parking overlay district with complimentary
policies, such as shared parking agreements
among several building owners, can help to
balance demand for spaces throughout the
day in a parking overlay district. In this
case of TOD districts, you may need to also
consult the transit agency.

On-Street Parking: One of the most over-
looked resources for parking is one that
already exists—use of the street. There are a
variety of management techniques to help
use this resource, such as meters, permit
parking and angled parking. These spaces

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66
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
           In Boulder, Colorado, downtown devel-
           opers are discouraged from building
           parking for individual projects. Instead,
           they pay a parking and transportation
           in-lieu fee. These fees are then used to
           build public garages, as well as to fund
           transit, bicycle, and pedestrian
           improvements.

                  can be governed by the Public Works depart-
                  ments, or by a special parking office.

                  Site Plan Conditions or Proffers: If your
                  jurisdiction negotiates site-specific develop-
                  ment requirements, check the office that
                  oversees site plan conditions or proffers.
                  Often the number and location of parking
                  spaces is a negotiated element on a project-
                  by-project basis.

                  Structured parking: Structured parking can
                  either be a multi-level lot or underground
                  parking. Because of the  expense involved,
                  structured parking typically occurs in down-
                  town areas, districts with higher densities, or
                  near arenas and stadiums.

                  Shared parking: Some shared parking plans
                  may be drawn by local redevelopment organ-
                  izations or business improvement districts,
                                                       or by large institutions like universities or
                                                       hospitals.  In larger cities, private parking
                                                       companies may also exist, so check with
                                                       them as you gather information on opportu-
                                                       nities to improve parking policies.

                                                       Parking Pricing: Parking pricing introduces a
                                                       fee for parking. Pricing typically serves as a
                                                       transportation demand strategy (to reduce
                                                       vehicle use), a parking management strategy
                                                       (to reduce problems in specific locations),
                                                       and/or as  a means  to raise money for parking
                                                       and other projects.

                                                       Determining how much parking to provide
                                                       for retail,  offices arid residential areas is a
                                                       balancing act to make sure there is enough
                                                       parking to support the range of intended
                                                       uses, but not so much as to undermine good
                                                       community design and Stormwater improve-
                                                       ments. As shown in Table 3, the decision on
                                                       how many spaces to provide is more often
                                                       than not tilted toward an oversupply.

                                                       Stormwater  Benefits
                                                       Reducing the amount of surface parking
                                                       reduces the quantity, speed, and impurities of
                                                       the runoff. For example, one researcher calcu-
                                                       lated that a one-inch rainstorm on a one-acre
                                                       meadow would produce 218 cubic feet of
                                                       runoff, while a parking lot the  same size
                                                       would produce 3,460 cubic feet.21 Among the
                                                       pollutants that accumulate on parking lots are
                                                       cadmium, copper,  lead, zinc, nickel, cobalt,
                                                       and iron,  which are found in gasoline, grease
                                                       and oils, antifreeze, brake linings, and rubber.

                                                       Under most parking standards, the number
                                                       of spaces required is often dictated by times
                                                       of "peak use," such as holiday shopping,
                                                       which tends  to be heavier than at other times

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                                    Using Smart Growth Techniques as Stormwater Best Management Practices
 Table 3: Conventional Minimum Parking Ratios
Land Use
Single family homes
Shopping center
Convenience store
Industrial
Medical/dental office
Parking Requirement
Parking Ratio
2 spaces per
dwelling unit
5 spaces per
1 000 ft2 G FA
3.3 spaces per
1000ft2GFA
1 space per
1 000 ft2 GFA
5.7 spaces per
1000 ft2 GFA
Typical Range
1.5-2.5
4.0 - 6.5
2.0-10.0
0.5 - 2.0
4.5 - 1 0.0
Actual Average
Parking Demand
1.11 spaces per
dwelling unit
3.97 per
1000 ft2 GFA
--
1 .48 per
1000 ft2 GFA
4.11 per
1000 ft2 GFA
  GFA: Gross floor area of a building without storage or utility spaces

 Source Parking Generation, 2nd edition Institute of Transportation Engineers, Washington, DC. 1987, Smith, Thomas Flexible
 Parking Requirements. Planning Advisory Service Report No 377 Amencan Planning Association, Chicago, IL 40 pp  1984,
 Wells, Cedar Impervious Surface Reduction Technical Study Draft Report City of Olympia Public Works Department
 Washington Department of Ecology, Olympia, WA 1994
of year. By reducing the number of spaces
and integrating flexibility to handle peaks,
there can be an overall reduction in the
amount of impervious surface.

In 1993, the city of Olympia, Washington,
launched its impervious surface reduction
study to simultaneously address water quality
concerns and a growing population. As part
of this larger study, the city conducted a com-
prehensive study of parking. The city found
that, on average, 53 percent of commercial
sites were taken up by parking lots. As part of
the impervious surface reduction study, the
researchers studied the feasibility of reducing
commercial parking. They found that, while
business owners did not think they provided
too much parking, the typical  occupancy rate
in parking lots was only 46 to  67 percent.
Eighteen of 31 representative sites had less
than 75 percent occupancy rates during the
busiest peak hours surveyed. The city also
calculated that during a two-year rain event
(2.8 inches in 24 hours), approximately 38
cubic feet of runoff would be generated by a
9-foot by 18.5-foot surface parking space  (not
including drive aisles and turn lanes).22

Typical Costs
Surface vs. structured parking: For a given
parcel of land,  structured parking is always
more expensive than surface parking.
According to one industry estimate, con-
struction costs for parking spaces range from
$1,500 to $1,800 per space for surface park-
ing, and from $12,000 to $20,000 for struc-
tured parking (costs in 2000 dollars).23

Parking requirements: Although there is no
hard cost to changing parking requirements,
municipalities will need to devote staff time or
resources to hire a consultant to write new

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68
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
    In Saint Louis, Missouri, rush hour lanes along a main arterial are
    converted to diagonal parking on Sunday for nearby churches.
    This system allows many more cars to use on-street parking for
    the limited hours on Sunday when demand for spaces is high
    and traffic volumes are less than that generated on weekdays
    during rush hour.

                   parking ordinances. If a locality wants to add
                   more on-street metered parking, there are
                   supply and administrative costs, though these
                   can be offset by meter revenue. Note that
                   some localities are using meter revenue to
                   support the  costs of planning and supporting
                   parking for downtown and  retail districts.

                   Shared parking: In situations that lend
                   themselves to shared parking, there are two
                   main costs to making it happen. First, the
                   parties involved generally draw up an agree-
                   ment, which may present costs in terms of
                   researching what to include and legal fees.
                   Second, ongoing maintenance costs must be
                   divided.  Providing on-street parking makes
                   use of an asset that is technically paid for
                   and shared, and thus adds  no additional  cost
                   to the developer or user. In addition, supply-
                   ing parking in a lot requires more impervi-
                                                       ous surface to provide drive aisles, entrances
                                                       and ramps. On-street parking does not
                                                       require this extra infrastructure, thus lower-
                                                       ing the amount of land, and thus cost, to
                                                       provide parking.

                                                       Measurable Goals
                                                       One quantifiable goal could be reducing the
                                                       amount of parking in new developments or
                                                       redevelopment projects; for example, reduc-
                                                       ing the percentage of surface parking in new
                                                       developments' footprints by 5 percent.
                                                       Another measurable goal could include
                                                       changing ordinances to require maximum
                                                       parking ratios instead of minimum ratios,
                                                       adjusting downward the number of spaces
                                                       used in a locality's standards for parking, and
                                                       encouraging  the use of shared parking.

                                                       Another measurable goal could be a surface
                                                       lot replacement program. Where excess capac-
                                                       ity is identified, the city can assess which lots
                                                       are candidates for infill and which lots could
                                                       be retrofitted with infiltration techniques. The
                                                       decisions will likely be  based on development
                                                       trends, water quality goals and the availability
                                                       of incentives. As with the discussion on infill
                                                       and redevelopmenl, characterizing the per-
                                                       formance should be conducted on a site,
                                                       neighborhood, and watershed scale.

                                                       Examples
                                                       Surface vs. structured parking: Montgomery
                                                       County, Maryland, contains four parking
                                                       districts around rail stations. Special taxes
                                                       are levied on development within the dis-
                                                       tricts, and the zoning ordinance encourages
                                                       structured parking by  exempting parking
                                                       garages from those taxes.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
 On-street Parking: In Arlington County,
 Virginia, the redevelopment plan for
 Columbia Pike places minimum require-
 ments for providing public parking and
 maximums for the provision of private park-
 ing. A developer may pay an "in lieu of fee"
 if the parcel is too small to meet the stan-
 dards. One innovative aspect of the plan is
 the ability to count adjacent on-street public
 spaces toward the parking requirement. The
 parking plan also includes a focus on cen-
 tralized,  shared parking that will create a
 "park once; then walk" environment for visi-
 tors who choose to drive.

 Santa Rosa, California, is conducting a park-
 ing project in its downtown area with "back-
 in" diagonal parking. In the pilot phase, 22
 spaces replaced 15 parallel on-street spaces.
 With these spaces, motorists traveling along
 a street would drive past a diagonal parking
 space and then back into it. This layout
 makes easing back into traffic safer, since the
 motorist  can see oncoming traffic and
 bicyclists.

 Parking requirements: A number of
 California jurisdictions have innovative
 parking requirements  that effectively reduce
 the number of spaces required for residential
 development. For example, San Diego allows
 housing built in a transit-intensive area or
 designated for low-income residents to have
 0.25 fewer spaces per unit. Sunnyvale allows
 0.3 or 0.4 fewer spaces per unit if parking is
 unassigned (as opposed to available in pri-
vate garages). Concord allows developers to
request a variance from existing codes if
housing will be occupied by seniors or dis-
abled persons.
 San Antonio, Texas, has both minimum and
 maximum parking requirements. For exam-
 ple, most retail uses must provide at least
 one space for each 300 square feet of gross
 floor area, but no more than one space per
 200 square feet. In addition, structured park-
 ing and lots paved with pervious materials
 are exempted from maximums, providing an
 incentive for developers to reduce parking
 impacts.

 The University of Washington has initiated
 a pay-per-use parking program that replaces
 monthly parking passes with a per-hour fee.
 University employees are electronically
 charged each time they park rather than pay-
 ing a flat monthly fee. Users also receive a
 free bus pass and Flexcar membership.

 Shared parking: The city of Tualatin,
 Oregon, granted a 25-percent reduction in
 parking spaces required by mixed-use devel-
 opment Tualatin Commons in return for
 shared parking.

 Points  to Consider
 Once you have decided on new parking
 strategies like the ones outlined in this sub-
 section, an important consideration is what
 to do with the land that is no longer dedicat-
 ed to parking spaces. Water quality special-
 ists might think the most obvious choice is
 to dedicate the land to absorbent open space.
 However,  this open space may serve to scat-
 ter development and result in unwalkable
 "office parks." From a redevelopment posi-
 tion, the obvious answer might be to fill it
up with development, though this action
could eliminate options for handling more
water on site. The answer will depend on
your community's goals and site constraints.

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70
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Good urban planning will consider a com-
                  pact form that addresses stormwater, a walk-
                  able and viable development program, and
                  how people move in and around the site.

                  Surface vs. structured parking: Structured
                  parking incentives can be coupled with park-
                  ing regulations that allow a maximum park-
                  ing footprint (or impervious area) per
                  residential unit.

                  Parking requirements: Many neighborhoods
                  oppose reducing parking requirements under
                  the assumption that this will result in more
                  commercial "spillover" parking in the neigh-
                  borhoods. Some jurisdictions have adopted
                  "zone" parking that only allows residents to
                  park on streets in the affected neighborhood.
                  These zones can be limited to rush hours or
                  24 hours if the neighborhoods are  experienc-
                  ing severe spillover pressure for parking. In
                  addition, developers might wish to reduce the
                  number  of spaces they are required to supply,
                  but feel pressure from their financial backers
                  to oversupply parking. An ample supply of
                  parking is often viewed as a necessity for
                  financial success or the ability to sell the prop-
                  erty in the future. As the Washington State
                  study shows, this view may overlook the
                  financial penalty that comes with building
                  spaces that ultimately are rarely (or ever) used.

                  Shared parking: Although there are many
                  potential instances in which shared parking
                  can be used,  there  are several reasons why it is
                  not as common as  it might be.  First, if the uses
                  do not share a common property manager,
                  they need formal or informal agreements to
                  share parking. Second, they may not agree on
                  whose responsibility it will be to maintain
                  parking  lots. Third, many business owners
                  worry that their customers will stop patroniz-
                  ing them if they do not perceive that parking is
                                                       adequate. Fourth, developers may fear that
                                                       businesses will be less likely to lease their
                                                       space or residents less likely to live  there if
                                                       they perceive the parking supply to be
                                                       inadequate.

                                                       To overcome these problems, local jurisdic-
                                                       tions can draw up shared parking  guidelines
                                                       to get the business community behind such
                                                       plans. To see what a model shared parking
                                                       agreement looks like, go to Metro-Portland's
                                                       Shared Parking Handbook at
                                                       .

                                                       Car sharing: Car sharing has emerged as a
                                                       viable transportation option in many areas.
                                                       Car sharing works best in urban environ-
                                                       ments that have a fairly high density of resi-
                                                       dential units (so that there are enough
                                                       potential members to use the service) and
                                                       other transportation options, such as transit
                                                       and the ability to  make pedestrian trips.
                                                       Most of these cities were covered  under
                                                       Phase I  of NPDES, but university  towns
                                                       developing plans and ordinances under
                                                       Phase II might be good candidates for intro-
                                                       ducing a car sharing program. The Car
                                                        Sharing Network publishes an updated list of
                                                        all cities where car sharing is underway at
                                                        .

                                                        The company Flexcar has studied  the issue
                                                        and estimates one shared car can take up to
                                                        six cars off of the road (see ). The stormwater benefits
                                                        are achieved when one car can be  used to
                                                        meet the needs of several drivers. These bene-
                                                        fits include reduced demand  for parking and
                                                        car storage, as well as a reduction  in automo-
                                                        bile-related deposition on roads that can pol-
                                                        lute runoff.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
"Green Parking:" New technologies for per-
vious pavers and porous pavement are
advancing rapidly. This technology is partic-
ularly attractive for low traffic areas and for
spillover parking needed for athletic events,
churches, fairs, and episodic activities.
Replacing existing impervious cover for
parking with pervious pavers has appeal and
can provide water quality improvements
where urban runoff is a main contributor to
water quality problems. Replacing existing
parking spaces with green technology and
materials can help abate stormwater runoff
and the pollutants carried in that runoff.

Green parking  materials may not, however,
lessen all of the environmental effects related
to excess parking. Decisions on the total trans-
portation system will be made to consider road
design, number of turning lanes, drive aisles,
and parking. In areas where your local trans-
portation department is trying to balance
transportation  choices, the addition of new
spaces, no matter the material, may work at
cross purposes with smart growth plans aimed
at making pedestrian trips as attractive as driv-
ing. In addition, green pavers require periodic
maintenance. Fine debris and dirt accumulate
in the drainage openings and reduce the pave-
ment's flow capacity. It is natural for settling
and clogging to occur over time,  so mainte-
nance schedules require vacuum sweeping sev-
eral times per year.24 When adopting policies
for green pavement and materials, review the
overall development design and transportation
goals to find the right incentives  or program
for emerging technologies related to parking.
7. "Fix it First"
infrastructure Policies

Definition
"Fix It First" infrastructure policies place
spending priorities on repair of existing infra-
structure over installation of new infrastruc-
ture. Generally these refer to transportation
infrastructure (e.g., roads, bridges, and rail
systems) and water infrastructure (e.g., sewers
and drinking water treatment/distribution),
but may also apply to use of existing schools
or other public buildings.

Who Do I  Talk to About  "Fix It
First" Policies?
The first stop in any discussion about infra-
structure is typically the public works
department or city/county engineer, though
your inquiries may be specific to a certain
type of infrastructure.

Transportation: Your local public works
department generally has a division devoted
to streets, which would have information on
projects underway or that are in the last
stages of planning. The public works director
or city/county manager might also know
                                             Reducing the
                                             amount of
                                             stormwater that
                                             enter curbs and
                                             gutters can be ar
                                             effective means
                                             of lessening the
                                             effects of urban
                                             form on local
                                             waterways.
                                                                             Photo: Dan Burden

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72   !  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  whether your locality has a framework for
                  how transportation budgets are allocated for
                  new construction and repair. On a regional
                  level, the MPO or regional planning agency
                  has knowledge of large-scale transportation
                  planning and projects. MPOs are regional
                  multi-jurisdictional organizations created for
                  areas with a population greater than 50,000.
                  They are mandated to make transportation
                  spending decisions for metropolitan areas
                  over 250,000 in population and would have
                  information on any regional or state policies
                  that prescribe funding priorities and alloca-
                  tion. At the state level, the department of
                  transportation would have information on
                  any such policies, though departments of
                  community affairs or smart growth offices
                  may have the most comprehensive informa-
                  tion on statewide "Fix It First" policies.

                  Water: On a local level, the responsibility
                  over water infrastructure (e.g., drinking
                  water and sewer  service) is typically shared
                  by the local government and water utilities.
                  New infrastructure, increases in capacity, and
                  larger repairs are typically included in
                  Capital Improvement budgets. Once
                  installed, water utilities cover operation and
                  maintenance for  treatment plants and con-
                  veyance systems. Local and county govern-
                  ments often have the most control over the
                  extension of water and sewer service into
                  new development areas. These extensions
                  can be  governed  by annexation rules, inter-
                  local agreements among cities and counties,
                  planning documents, or can be made on a
                  case-by-case basis. You may need to talk to
                  someone in the planning office to see how
                  extensions and prioritization of repair deci-
                  sions are governed.
Increasingly, infrastructure specific to han-
dling Stormwater is handled through a
Stormwater utility,  though most funding lies
within local capital improvement or operat-
ing budgets. Stormwater utilities are dis-
cussed in Subsection 9.

Because water infrastructure investments are
large, funding might include state and feder-
al money. How those funds are spent can rely
on requirements established through a state
revolving fund, a state capital improvement
project or other programs. Thus, your local
water infrastructure manager is likely to refer
you to  state offices and other Web sites.
Further explanations may also be available
through the city/county attorney, since the
funding requirements are often established in
regulations.

In some areas, large water projects may be
planned and funded as part of large state and
federal projects such as dams, canals and
reservoirs. Though not a widespread prac-
tice, there are also some private water suppli-
ers  and engineering firms that could have
control over capital and repair decisions.

Stormwater Benefits
"Fix It First" policies have long-term effects
on Stormwater management and can be a
smart growth technique to encourage infill
construction and redevelopment. In addition,
"Fix It First" policies encourage replacement
of older infrastructure, which can be a signif-
icant source of stormwater-related problems,
particularly in older urban and suburban
areas. In particular, sewer overflows during
wet weather events can have severe environ-
mental impacts. Inadequate or degraded sys-

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices  !    T.
terns can also increase the chances or severi-
ty of property damage from flooding.

"Fix It First" programs also can include new
treatment technologies to improve the per-
formance of existing systems. Many people
are unaware that most Stormwater runoff
entering storm drains is not filtered and flows
untreated into waterbodies. Oil/grit separa-
tors and in-pipe systems can be incorporated
into the repair or routine maintenance of
storm drains and pipes.  For even stronger
results, "Fix It First" policies can be coupled
with techniques listed in Table 2 on page 23
to handle and filter as much Stormwater as
possible on individual properties.

Typical Costs
"Fix It First" policies are built on the
assumption  that funds for infrastructure are
limited and  thus rely on shifting spending
rather  than increasing available funds. The
costs are therefore measured in both short-
term and long-term impacts, since they shift
spending from new infrastructure (new capi-
tal spending) to existing infrastructure
(repair, operations, and  maintenance).

Even in cases where cities are developing
strong programs to attract redevelopment,
the poor condition of pipes and water han-
dling facilities can be a barrier. The cost to
repair water infrastructure around the coun-
try has been the subject of discussion and
review—in particular, the funding needs to
replace aging infrastructure. EPA recently
launched a Sustainable Water Infrastructure
initiative to complement the traditional
funding programs  with management tech-
niques to lower costs, add efficiencies to
water distribution  and treatment systems and
   As part of Portland's "Green Streets Program," the city
   launched the Siskiyou project to add water-absorbing
   curb extensions. These vegetated extensions intercept
   some of the Stormwater flow before it enters storm
   sewers. This type of feature can be added as part of a
   street repair program in older parts of town where a
   reduction in Stormwater flow is needed.

use a watershed approach for managing
water infrastructure. Localities that are devel-
oping or fine-tuning smart growth plans will
recognize  parallels in this sustainable
approach. Common themes  include efficient
use of land and water resources, a focus on
existing infrastructure and investments, and
the use of a regional approach to manage
resources. See 
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74     SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Examples
                  Beaufort County, North Carolina, is part of a
                  multi-county program to reduce nitrogen
                  and phosphorous loadings to the Tar and
                  Pamlico Rivers. The county has submitted a
                  stormwater management plan to the state to
                  meet both state laws governing nutrient
                  reductions and Phase II. Its August 2004
                  draft stormwater plan includes the opportu-
                  nity to allow an exemption from nutrient
                  reduction requirements for projects included
                  in redevelopment areas with a "Fix It First"
                  policy. For more information, see
                  .

                  New Jersey passed legislation in 2000 requir-
                  ing its Department of Transportation
                  (NJDOT) to reduce the backlog of bridges and
                  pavement needing repair by half over a five-
                  year period.  It also forbids construction of
                  new road investments unless approved by a
                  joint resolution of the state legislature. The
                  NJDOT must report annually on its progress
                  in achieving these and other goals. Michigan

                      Keep Water Out
and Massachusetts have adopted "Fix It First"
legislation over the past two years as well.

Sometimes "Fix It First" policies are not
explicitly called such, but are embedded in
other programs. Directing a percentage of
funds to priority spending areas can turn out
to be a "Fix It First" policy. Many water utili-
ties also have CMOMs, or "Capacity,
Management, Operations and Maintenance"
plans. These plans are used to ensure efficient
use of water and wastewater distribution sys-
tems to ensure adequate baseflow into streams,
to avoid overflows, and allocate resources to
strained lines and connections in the system.
Utility mangers establish policies to direct
funding. If you are a developer or work in an
economic development department, contact
your local utility to see if the budget policies
are aligned with your city's redevelopment or
economic development plan to direct develop-
ment to existing activity centers.

Points  to Consider
States like New Jersey are finding that smart
growth policies to direct development and
                      Even if your storm sewers are not in need of repair, one way to stay off of the "Fix It First" list
                      is to "keep water out." EPA is developing tools to help municipalities lessen the amount of
                      stormwater that flows into combined and separate stormwater systems. The reduced volume
                      of water has many advantages, including a reduction in the risk of overflows, less stress on
                      pipes and conveyance systems, and lowered pollutant loadings.

                      Some of the management practices to reduce the amount of water flowing into storm sew-
                      ers are the same as many practices listed in this publication, including the promotion of bet-
                      ter site designs and reduction of impervious surfaces, such as lowering  the parking standards
                      in your municipality's codes. Portland, Oregon, is a leader in implementing both smart
                      growth and water policies. The city has instituted, among other things,  a downspout discon-
                      nection program, discounts on stormwater utility bills for homeowners who handle stormwa-
                      ter on site, and a pilot stormwater credit trading program.
                      Once your "Fix It First" program has completed the investment in new infrastructure, you can
                      prolong the investment by reducing stormwater flows that enter your gray infrastructure.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices      7f
redevelopment are complicated by the fact
that workable infrastructure is sometimes
not in place. This highlights the importance
of having infrastructure in place as you
implement plans for redevelopment and
infill. Implementing a "Fix It First" policy
before other policies are in place may help
your community realize redevelopment on a
more predictable track. Likewise, a strict
"Fix It First" policy may have the  unintend-
ed consequence of prohibiting development
in "greenfields" that are desired growth
areas. New Jersey recently included language
in infrastructure grants to give priority to
infrastructure funding in preferred growth
areas. A successful joint policy may include
the pairing of redevelopment and "Fix It
First" programs in order to synchronize pub-
lic and private smart growth investments.

The redrawing of funding allocations creates
redistribution of existing funds (or has the
appearance of doing so). Communities might
find it helpful to consider the economic and
environmental goals of infrastructure policy
on a watershed wide basis.

Finally, much of the evolution  in thinking on
water and Stormwater has turned to green
infrastructure, or using natural systems to
handle Stormwater. Green infrastructure
need not be isolated to rural or suburban
areas, as pointed out in Subsection 5 (Tree
and Canopy Programs). States  and localities
should recognize, however, that policies to
prioritize green infrastructure should not
come at the expense of fixing aging pipes  in
areas served by gray infrastructure.
Communities may want to seek out where
the green and gray infrastructure support
each other, or better, where green infrastruc-
ture can alleviate Stormwater flow  into both
combined and separated systems.
8. Smart Growth
Street Designs

Definition
Smart growth street designs are based on a
network of well-connected streets that sup-
port multiple modes of transportation. Some
smart growth approaches to street design
include multiple route choices, alternative
street and sidewalk designs, adjusting the
vehicular level of service (LOS) and/or creat-
ing LOS for other modes of transportation,
and designing connected street networks and
sidewalks to support multiple uses.

Increasingly, Stormwater guidance manuals
list "green" techniques to mitigate the runoff
from existing streets or those in the prelimi-
nary design phase, such as swales and elimi-
nation of curbs and gutters. The main
emphasis in this section is the underlying
street patterns, the connecting of transporta-
tion networks and  the retrofitting of existing
streets for multiple uses. The "Resources"
section lists green techniques for streets
which may be used to complement your
smart growth street plans.
      Street and curb designs can be modified so
      Stormwater flows into natural areas for treat-
      ment. Grates to handle overflow can reduce
      the chances of street flooding during heavy
      wet weather events.

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76   !  SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Who Do I Talk to About Street
                  Designs?
                  The rules that govern local street designs are
                  most likely to be found at the local level in
                  the public works department or in subdivi-
                  sion guidelines. Check with your department
                  of transportation or planning to find out
                  what policies are in place. In addition, indi-
                  vidual developers may develop their own
                  street networks for planned unit develop-
                  ments (PUDs).

                  For streets that are already in place, there
                  may be opportunities to improve connectivi-
                  ty and make better use of the existing street
                  right-of-way. These may be included in long
                  range comprehensive plans or redevelopment
                  plans. Some of the improvements were listed
                  in the previous subsection on parking. Other
                  plans for streets may also be housed in the
                  department that governs environmental
                  improvements.

                  Subdivision codes may also have require-
                  ments about street design. Where the codes
                  are not explicit about street design, check to
                  see if there are requirements regarding con-
                  nections to surrounding parcels, streets, or
                  developments. Some jurisdictions require
                  multiple connections, while others may limit
                  the number of connections. For example, a
                  code may require no more than two connec-
                  tions  from the subdivision.

                  State departments of transportation play a
                  role in building or improving state-controlled
                  roads. In many growing areas, smaller high-
                  ways  and rural state roads are the main thor-
                  oughfares identified to serve new housing
                  and commercial growth.
Stormwater Benefits
Because streets constitute the largest share of
impervious cover in residential developments
(about 40 to 50 percent), a shift to narrower
streets can result in a 5- to 20-percent overall
reduction in impervious area for a typical
residential subdivision.25 As nearly all the
pollutants deposited on street surfaces or
trapped along curbs are delivered to the
storm drain system during storm events, this
reduced imperviousness translates into  a
lower volume of Stormwater runoff and pol-
lutant loadings from the development. For
Stormwater quality factors, residential streets
rank as a major source for many pollutants,
including sediment, bacteria, nutrients,
hydrocarbons, and metals.26

Understanding how a connected street net-
work works to control Stormwater on a
watershed basis requires a review of how
roadway design has evolved. Beginning  in the
1960s, typical roadway design practices
favored a less networked, "hierarchical" street
design. This design begins at the lot level,
with numerous unconnected streets, in  par-
ticular for residential areas. Aerial photo-
graphs of subdivisions reveal common
unconnected layouts, such as "lollipop"
designs with cul de sacs, or communities
with only one entrance. Within housing sub-
divisions, the individual, smaller streets feed
into collector roads, which then lead, often
through only one intersection, to arterials.
The arterials (which in some cases are high-
ways) link large, centralized trip generators,
such as shopping centers, office parks, and
subdivisions. Because there are few alterna-
tive routes of travel, the road system is
designed to handle the collective flow of trav-
el through key intersections onto other  large

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices  !   7
 arterials. This road and intersection system
 features multiple turning lanes, wide intersec-
 tions, and access lanes designed to minimize
 congestion with the collected and concentrat-
 ed flow of traffic. This type of system increas-
 es the amount of land needed to handle
 collected  traffic, concentrates traffic onto
 fewer roads, increases the pressure to widen
 the roads that handle collected traffic, and
 creates barriers to travel options, such as
 pedestrian trips.

 Communities developing alternatives for
 multi-modal networks often turn to the 10
 smart growth principles (see page 18) for
 guidance. The principles of creating walkable
 neighborhoods, mixing land uses, providing
 transportation options, directing development
 to existing communities and taking advantage
 of compact building design all come into
 play. The street systems that make this com-
 bination of features possible are characterized
 by multiple connections, as well as appropri-
 ately sized streets and intersections to sup-
 port safe travel for vehicle drivers, bicyclists,
 and pedestrians. These street patterns can be
 in grids, but may also include paths and
 other connections. Although cul-de-sacs and
 dead-end streets are discouraged, there are a
 variety of street designs that can provide the
 slower traffic and privacy that homebuyers
 prefer, with the connections that help avoid
 the chokepoints and large feeder routes built
 into a hierarchical system. For Stormwater
 engineers, the most beneficial point for a
watershed lies in the compact form, which
facilitates a higher intensity of development
and mix of uses on less land.

The Stormwater performance of smart
growth street systems can be further
 enhanced by policies to reduce the amount
 of runoff entering the curbs and gutters,
 mentioned throughout this document.
 Likewise, developers and landscape archi-
 tects can plan for intermittent retention areas
 to collect and treat some of the road runoff
 prior to discharge into a storm sewer system.

 Finally, the notion of better Stormwater man-
 agement related to a tighter, connected net-
 work of streets with sidewalks may seem
 counterintuitive. Most literature on water
 quality highlights the detrimental effect of
 "connected impervious surfaces." Most effi-
 cient urban layouts are just that—highly
 connected streets and blocks. Thus, when
 making the case for the Stormwater benefits
 of smart growth street designs, urban plan-
 ning and water resource professionals should
 establish the framework for considering the
 site, neighborhood, and region simultaneous-
 ly, in the same way that has been presented
 for development districts. For most regions,
 the question of growth—and underlying road
 design—is not whether there will be growth
 or no growth, but rather what the growth
 (and roadway system) will  look like and
 where it is located.

 Typical Costs
 Cost estimates vary widely. When building
 new street networks, narrower streets may
 cost less to build than wider streets.
 Considering that the cost of paving a road
 averages $15 per square yard, shaving even
 4 feet from existing street widths can yield
 cost savings of more than $35,000 per mile
 of residential street. In addition, because nar-
rower streets produce less impervious cover
and runoff than wider streets, additional

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78
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  savings can be realized in the reduced size
                  and cost of downstream stormwater manage-
                  ment facilities.27

                  The costs will not necessarily always be
                  lower, because specialized features like side-
                  walks,  curb and gutter, street tree areas, and
                  pavers  are often included in the overall street
                  design. These amenities, however, carry ben-
                  efits for stormwater, transportation and com-
                  munity design, so a raw assessment of costs
                  per mile or per trip might not capture the
                  full range of benefits.

                  Installation of stormwater-friendly streets can
                  also involve additional costs over streets con-
                  structed according to standard practices.
                  Portland, Oregon, estimated a higher cost
                  due to  planting and maintaining landscaped
                  buffers.28 Where permeable or porous pave-
                  ment is used, the site preparation for water
                  storage involves additional costs. The cost
                  savings these techniques bring for handling
                  stormwater from streets can be hidden, how-
                  ever, because the budget for transportation
                  and stormwater can be in separate accounts
                  in different departments' budgets. In  deliber-
                  ations  over stormwater utility rates, Portland
                  estimated that 70 percent of its runoff could
                                                       be attributed to transportation-related sur-
                                                       faces.29 City and county managers should
                                                       look to see where the higher costs of better
                                                       street design are offset by lower demands on
                                                       stormwater infrastructure.

                                                       Measurable Goals
                                                       Appropriate measurable goals for street design
                                                       modifications are emerging. Like earlier dis-
                                                       cussions on development districts, local build-
                                                       out analyses can help compare a "business as
                                                       usual" scenario of build-out with one that
                                                       contains more compact villages or districts.
                                                       The streets component may be included with
                                                       estimates of parking lanes, turning lanes, and
                                                       other impervious surface coverage associated
                                                       with roads and streets.

                                                       Another measurable goal might be the
                                                       reuse—or new uses—of existing streets. For
                                                       example, adding bike lanes, adding on-street
                                                       parking, or adding medians could be includ-
                                                       ed in your stormwater management plan.

                                                       Examples
                                                       The Institute for Transportation Engineers
                                                       has developed two* recommended practice
                                                       guidelines: Traditional Neighborhood
                      Sidewalks on One Side of the Street - or Both?

                      Some states and localities are recommending that sidewalks be limited to one side of the street
                      to reduce impervious cover, however, most smart growth plans endorse a network of sidewalks.
                      Which is correct?

                      The answer lies not so much in stormwater control as it does in transportation. If sidewalks are
                      designed as a prominent feature for handling a variety of trips (e.g., commuting, shopping,
                      school travel, and recreation) and providing connections throughout the neighborhood, then
                      placing them on both sides makes sense. If your project or plan envisions only recreational trips,
                      however, then sidewalks on one side of the road  makes sense. If you choose to only place side-
                      walks on one side, review the plan to make sure that future plans for growth and a mix of uses
                      are taken into consideration so that sidewalks might be added later to meet the demand for
                      pedestrian trips.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
Photo: Local Government Commission.

Development Street Design Guidelines (1999)
and Neighborhood Street Design Guidelines
(2003). These are available through ITE's
bookstore at .

The metropolitan region around Portland,
Oregon (Metro), has a regional street design
manual, specifying stream treatments, street
width, and associated water quality benefits.
See  and type "street
design" into the site's search engine.

North Carolina's Department of
Transportation (NCDOT) approved street
design guidelines to make it easier for local
governments to implement traditional neigh-
borhood street networks in new  develop-
ments. The guidelines specify street width
and the provision of bicycle and pedestrian
facilities. See  for more information
and a link to the NCDOT Traditional
Neighborhood Development Guidelines. The
town  of Gary, North Carolina,  has adopted
policies requiring street connections.
                                                            This street and sidewalk in
                                                            Hercules, California, shows
                                                            how multiple objectives
                                                            can be met at once. The
                                                            streets are narrow; howev-
                                                            er, the rounded curb allows
                                                            extra width in case emer-
                                                            gency response vehicles
                                                            need extra room. The side-
                                                            walk is constructed of
                                                            pavers, and slopes toward
                                                            the grassy areas on the
                                                            straightaway.
The Congress for New Urbanism (CNU),
EPA, the Federal Highways Administration
(FHWA) and the Institute of Transportation
Engineers (ITE) are developing Context
Sensitive Solutions for the Design of Major
Urban Thoroughfares, which will provide
alternatives for communities seeking smart
growth street standards. Publication is
expected in 2006. In the meantime, a litera-
ture review was developed in 2005 and is
available at .

Dane  County, Wisconsin, has established
Street Standards for its Traditional
Neighborhood Design Ordinance. See
< www. co. dane. wi. us/plandev/build/pdf/tnd/2
0040225_append_C.pdf>.

Points  to Consider
Street designs have traditionally been estab-
lished through sets of commonly recognized
standards. Standard-setting organizations,
such as the Institute of Transportation
Engineers and the American Association of

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80
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  State Highway and Transportation Officials
                  have issued standards that govern street
                  designs, recommended road widths and
                  design for turn lanes and access roads. These
                  organizations are aware that the standards do
                  not fit all situations, and are developing
                  alternative standards and guidelines for com-
                  munities that have smart growth plans.
                  Because the alternative standards  are new or
                  in draft form, local transportation officials
                  might be reluctant to adopt them.
                  Stormwater and planning  officials may want
                  to meet with their transportation  counter-
                  parts in developing a streets plan  for joint
                  Stormwater and smart growth efforts.

                  Building green streets, narrower streets, and
                  multi-purpose streets can  cause citizen con-
                  cern and raise objections from emergency
                  service providers. In Portland, Oregon, engi-
                  neers, planners, and emergency response
                  providers made  test runs of various street
                  widths to come  to a decision on a street
                  width that meets both smart growth and
                  emergency response needs. The Local
                  Government Commission has developed  fact
               Traditional
                                 Conventional
             This diagram compares a traditional street layout
             with the unconnected streets associated with
             conventional subdivisions.
sheets on designing multi-use streets, avail-
able at  (look under "Free
Resources" for the fact sheets).

As noted earlier, a denser network of narrower
streets can involve as much or more impervi-
ous surface within a concentrated district.
This is where evaluating imperviousness on a
"per unit" basis of development is helpful.
This might be per unit of housing, or per
square foot of development footprint. In rede-
veloping districts, smart growth designs often
call for the addition of streets to break up
larger blocks or connect centers of activity
and the addition of sidewalks to promote
walking. While these measures add impervi-
ous surface coverage, evaluating the environ-
mental performance of this design requires a
broader approach, as mentioned above.

Finally, street design and construction is
increasingly delegated to the developer and
his or her site planners. For conventional resi-
dential or commercial development projects,
the main requirements for connecting the
development project deal with access to state
highways or local roads. As noted above this
access point is typically the only point of
ingress and egress for the project. Local gov-
ernments might experience resistance from
developers who are not used to planning mul-
tiple connections to neighboring develop-
ments, or providing connections to
commercial areas. Communities with smart
growth street plans that require multiple con-
nections will find that early and constant out-
reach  is necessary so builders, developers, and
land owners are aware of the requirements. In
addition, local governments and real estate
agents need to make potential homebuyers
aware of streets that will be connected to
future development projects to avoid conflicts.

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
9. Stormwater Utilities

Definition
Like urban forestry programs, Stormwater
utilities are not typically listed as smart
growth policies. Many states and localities,
however, have investigated where the rate
structure of other utility programs, such as
electricity, cable, and gas service, might be
unintentionally subsidizing new growth at
the expense of more cost-efficient service
areas. A Stormwater utility, like other utili-
ties, establishes an organization where a user
pays for municipal services, such as water,
trash pick-up and sewer. This subsection
includes suggestions for communities that
have already made the decision to establish a
utility to finance Stormwater improvements.

Stormwater regulations  have spurred interest
in Stormwater utility creation as localities
seek new ways to fund drainage and flooding
projects. The legal structure and rate system
for Stormwater utilities vary around the
country, and can depend on state legislative
or enabling language. The legal aspects of
establishing a Stormwater utility are beyond
the scope of this publication, but there are

Photo: University of Connecticut Cooperative Extension System
several things to look for in setting up a util-
ity in coordination with smart growth goals.
The mission statement, rate structure, and
planning can all have influence over a locali-
ty's ability to  shape a comprehensive
approach to handling Stormwater.

Who Do I Talk to About
Stormwater Utilities?
Stormwater utilities are typically set up by a
local government (as mentioned above, most
states must first pass enabling legislation
allowing localities to establish these utili-
ties). Thus, the first step is to make sure  that
the legal framework exists for the creation of
a utility. For ease of billing, Stormwater utili-
ty fees typically appear on the same bill
issued for water and sewer, so you might
find contact information there or in your
local government directory. The Stormwater
utility may also be located in the public
works department. The local government
will typically post information on how the
Stormwater utility is organized, the billing
structure and the Stormwater master plan on
a Web site.
                                                  Stormwater utility rates can be adjusted to add incen-
                                                  tives for homeowners who collect and handle rainwater
                                                  on their properties. Municipalities that have impaired
                                                  waterways and are experiencing high rates of infill can
                                                  use this approach to reduce Stormwater volumes.

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82
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                  Typical Costs
                  While costs vary, rates are typically in the $2
                  to $5 per month per household range. The
                  main consideration for a Stormwater utility is
                  that all costs collected for the utility only be
                  spent on Stormwater projects. The costs of
                  establishing a utility also vary. Most commu-
                  nities have created the Stormwater utility
                  within water and sewer departments for ease
                  of administration. Where localities decide to
                  introduce variable pricing and incentives
                  within the rate system, resources will be
                  needed to establish baseline rates and create
                  maps and verification systems so that incen-
                  tives are properly instituted. The "Resources"
                  section includes several Web sites with more
                  details on the costs associated with establish-
                  ing and operating a Stormwater utility.

                  Stormwater Benefits
                  Stormwater utilities have been established to
                  provide a fair and predictable source of fund-
                  ing for Stormwater projects. As towns experi-
                  ence growth, they need to fund systems to
                  handle the Stormwater that flows from newly
                  developed parcels, as well as from older
                  areas. Larger cities may need to repair and/or
                  expand sewer and water systems to support
                  redevelopment. Some older cities are also
                  separating their old combined sewer pipes
                  into two systems: one that handles Stormwa-
                  ter from the streets and a second system to
                  deliver sanitary sewerage to a wastewater
                  treatment plant. A Stormwater utility can
                  provide stable funding to address the runoff
                  problems associated with development and
                  redevelopment.

                  Stormwater utilities also recognize that all
                  properties within the utility district have a
                                                       role in both producing and mitigating
                                                       Stormwater. For most municipalities affected
                                                       by Phases I and II of the NPDES Stormwater
                                                       permitting program, improvements are tied
                                                       to project approvals for development and
                                                       redevelopment projects. Thus, the improve-
                                                       ments for controlling post-construction
                                                       runoff are made only when a building permit
                                                       is issued for a site.

                                                       For many watersheds, however, the negative
                                                       impacts of Stormwater runoff arise from
                                                       existing development that was constructed
                                                       prior to adoption of improved site designs
                                                       and construction practices. Where existing
                                                       properties are the main  source of Stormwater
                                                       volume and/or pollutants, the improvements
                                                       enacted through Phases I and II are not like-
                                                       ly to bring immediate relief to stressed or
                                                       impaired waterways. However, when there is
                                                       a program  and/or dedicated source of rev-
                                                       enue for improvements, Stormwater prob-
                                                       lems for the entire community can be
                                                       accomplished in a predictable fashion.  Keep
                                                       in mind a community need not have a
                                                       Stormwater utility to begin making improve-
                                                       ments on existing properties.

                                                       Examples
                                                       Maturing Stormwater utilities are experi-
                                                       menting with ways  to structure rates to rec-
                                                       ognize property owners' actions that result in
                                                       less  burden on the public Stormwater system.
                                                       This can include reduced rates or tradable
                                                       credits where the property owner (or manag-
                                                       er) demonstrates that a  BMP has been added
                                                       and handles Stormwater on site.

                                                       Many municipalities with Stormwater utili-
                                                       ties are developing  credit manuals. The man-
                                                       uals assist property owners in assessing

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
(1) the types of activities that can receive a
credit (2) how to apply for the credit, and
(3) other factors, such as continuing mainte-
nance. The most common activities that
qualify for credits include onsite retention
and detention and small scale BMPs, such as
rain barrels.

The recently approved Stormwater Utility
Credit Manual for non-residential users from
Lake County, Ohio, recognizes that some
non-traditional approaches can have
Stormwater benefits. In their manual, the
county notes there are creative ways to
reduce the pressure for additional impervi-
ous surfaces:

   "Non-residential customers seeking a credit
   may request unique  opportunities or
   approaches to  improving water quality. For
   instance, a non-residential customer may
   also be an NPDES MS4 permitee that must
   implement a Stormwater Management Plan
   for its facility.  Another example might be a
   retail outlet that provides "Park and Ride"
   space  to encourage use of the transit system,
   thereby minimizing  the growth  of impervi-
   ous area by reducing the need for additional
   parking lots and travel  lanes on roadways.
   The LCSMD will review and evaluate these
   types of unique requests on a case-by-case
   basis to determine the credit value for a site
   to which the BMP is being applied."30

The city  of Maryville, Tennessee, allows
smaller homes to qualify where total imper-
viousness on the site is less than 1,800
square feet. To view Maryville's manual, see
.
Variations on this type of credit can be used
for higher density development projects
where the footprint of buildings is smaller in
a district.

To recognize the site level and watershed
level impacts that come with development,
Eugene, Oregon, has split its Stormwater
utility rate into three components: impervi-
ous surface, administrative, and street-relat-
ed. Homeowners can claim a credit only on
the impervious surface portion of the fee
when they adopt beneficial practices such as
use of rain barrels or installation of rain
gardens.

Points to Consider
At a basic level, the purpose of a Stormwater
utility is clear: to assess a charge for handling
the Stormwater runoff generated from a
given piece of property.  Measuring the exact
volume of runoff from distinct properties is
time and resource intensive, however. In
addition, some  properties are more vulnera-
ble to the impacts of Stormwater than others;
even if the utility applies a rate evenly, the
benefits can vary across the landscape. And
third, much of the runoff (up to 40 percent)
comes from publicly owned impervious sur-
faces such as roads and  schools. So, what
should you look for in a Stormwater utility?

Residential properties:  Most localities use
some sort of simplified system for assessing
rates. The easiest is a flat fee. This, however,
would not provide homeowners with an
incentive to handle more Stormwater on
their lots. For administrative ease, some
localities have allowed homeowners to
appeal for a rate reduction if they have
installed rain gardens, added rain barrels, or
disconnected downspouts.

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84
SECTION 2: Specific Smart Growth Techniques as Storm water BMPs
                  Of particular smart growth interest is the
                  method of charging based on the percent of
                  impervious surface coverage. A fee based on
                  the percent of impervious surface coverage
                  might not recognize the benefits  of smaller
                  lots in a compact district. Where densities
                  are higher, the individual plots are likely to
                  have a greater percent of impervious surface
                  coverage. As explained in Subsections 3
                  (Redevelopment, page 48) and Subsection 4
                  (Development Districts, page 51), this design
                  has a lowered impact overall when one con-
                  siders the per unit impact in a watershed. A
                  rate that recognizes the overall water benefits
                  of higher density housing can help recognize
                  the lowered impact on a per unit basis. An
                  alternative to charges based on percent
                  impervious surface is to develop  a charge
                  based for the development district which rec-
                  ognizes the lowered impact for the water-
                  shed. Fees can then be assessed per house
                  within  the district.
The redevelopment
of older commercial
corridors often
begins with
streetscape improve-
ments, which can be
designed to capture
stormwater, provide
tree canopy and
complement the
redevelopment
goals of more walka-
ble and economical-
ly vibrant districts.
                                                       Commercial properties: Assessing rates for
                                                       commercial properties is a bit more pre-
                                                       dictable and straightforward, but it is impor-
                                                       tant to examine for any barriers to
                                                       developement projects that have benefits for
                                                       the watershed. Commercial properties are
                                                       generally assessed a fee based on impervious
                                                       surface coverage. One of the  more important
                                                       smart growth considerations  is accounting
                                                       for the stormwater impacts of redevelopment
                                                       of vacant or underperforming commercial
                                                       properties. As these parcels are redeveloped,
                                                       they often generate the same amount of
                                                       runoff as before, but as noted elsewhere in
                                                       this report, they take on development
                                                       demand that could go to undeveloped areas
                                                       elsewhere in the watershed. To further
                                                       improve the performance of these sites, look
                                                       for opportunities to handle water on site or
                                                       disconnect the impervious surfaces with
                                                       neighboring parcels. In addition, a locality
                                                       may want to introduce a stormwater fee
                                                       credit for improving "gray" infrastructure,
                                                       particularly when a developer agrees to fix
                                                       combined sewer pipes that overflow. With
                                                       these modifications in the rate structure, a
                                                       property is fairly assessed its  contribution to
                                                       local impacts, but gets a credit based on the
                                                       watershed benefits.

                                                       Depending on specific legal requirements, a
                                                       utility may be able to split the rate into other
                                                       types of categories to recognize smart growth
                                                       benefits. This is where it is important, in the
                                                       development of your utility's charter and
                                                       planning, to develop a "purpose" statement
                                                       to describe the adverse  impacts of stormwa-
                                                       ter and establish a framework for recognizing
                                                       better practices wi thin the utility and its rate
                                                       structure.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices     8
Summary and Conclusion
Cities, counties, towns and campuses around
the country are well on their way developing
Stormwater plans under the Clean Water Act.
What many local water quality managers
might not realize is that their colleagues in the
transportation and zoning departments are
engaged in planning and development activi-
ties that parallel—and often overlap with—
watershed and Stormwater planning.
Embedded in land use and comprehensive
plans are features at the  site, neighborhood,
and even regional level that have a great
impact on the quantity and quality of
Stormwater. Where the locality is pursuing
smart growth development strategies and tech-
niques, they are often unknowingly developing
"best management practices" (BMPs) for
Phases I and II.

This document was developed to help water
quality practitioners, developers, smart
growth advocates, and local/state govern-
ment officials think in new ways about the
overlapping demands of water planning and
local comprehensive planning.

The Clean Water Act's Stormwater permitting
program offers opportunities to meet these
overlapping demands. The water quality fea-
tures of smart growth have not traditionally
appeared in BMP menus or lists of Stormwater
performance measures. This document has
taken common smart growth techniques,
explained their water and Stormwater benefits,
and provided examples. Understanding the
benefits, though, requires a new view of
Stormwater—one that considers multiple levels
of environmental and development context.
Thus, development projects must be evaluated
at the site, neighborhood, and watershed levels
to fully assess environmental performance.

In conclusion, the Stormwater permitting
program is designed to foster innovation and
adaptive management. Over the next five
years, your community is likely to observe
opportunities for improvement. As your
town engages in planning for transportation,
regional planning, and development, pay
attention to areas that are amenable to better
water quality and Stormwater management.
You may find that you can  gain water quality
improvement while  addressing transporta-
tion, housing,  economic development, and
community goals all in  the same community.
Next Steps - Guidance and Technical Assistance for Municipalities

EPA also expects to improve its guidance and technical assistance on implementation of the NPDES
Stormwater permitting program for MS4s. For communities developing smart growth programs and
Stormwater management plans, the Agency is exploring activites that:
•   Provide more information and assistance on watershed permitting for communities that want to integrate
    their smart growth plans.
•   Support development of BMP manuals for common smart growth techniques and development districts,
    such asTNDs.
•   Develop model codes, Stormwater ordinances, and permit language that recognize the Stormwater performance of
    smart growth and/or offer flexibility for redevelopment, infill, and smart growth site design for new development.
•   Develop decision support tools to help localities and developers estimate the amount of Stormwater pollu-
    tion prevented through compact development and redevelopment.
•   Develop information on strategic combinations of BMPs for urban infill and redevelopment that include
    smart growth and traditional Stormwater BMPs

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86
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
                   EPA's Guidance on Post-Construction Stormwater Controls -
                   Through a Smart Growth  Lens
                  On December 8,1999, EPA published the Phase II
                  rules in the Federal Register, along with model lan-
                  guage that could be adopted. EPA's language,
                  presented below, was adopted in part or whole
                  by many states and permitting authorities. The
                  examples listed in the notice include a combina-
                  tion of traditional stormwater control techniques,
                  as well as several smart growth techniques and
                  concepts. If your state or locality has adopted
                  some or all of the model language, here are some
                  tips for integrating your existing smart growth
                  plan with this guidance.
                  From the 1999  Federal Register Notice:
                  Post-construction storm water management in
                  new development and redevelopment.
                  (i) You must develop, implement, and enforce a
                  program to address stormwater runoff from new
                  development and redevelopment projects that
                  disturb greater than or equal to one acre, includ-
                  ing projects less than one acre that are part of a
                  larger common plan of development or sale, that
                  discharge into your small MS4. Your program
                  must ensure that controls are in place that would
                  prevent or minimize water quality impacts.
                  (ii) You must:
                  (A) Develop and implement strategies which
                  include a combination of structural and/or non-
                  structural best  management practices (BMPs)
                  appropriate for your community;
                  (B) Use an ordinance or other regulatory mecha-
                  nism to address postconstruction runoff from
                  new development and redevelopment projects to
                  the extent allowable under state, tribal or local
                  law; and
                  (C) Ensure adequate long-term operation and
                  maintenance of BMPs.
                  (iii) Guidance: If water quality impacts are consid-
                  ered from the beginning stages of a project, new
                  development and potentially redevelopment pro-
                  vide more opportunities for water quality protec-
                  tion. EPA recommends that the BMPs chosen: be
                  appropriate for the local community; minimize
                  water quality impacts; and attempt to maintain
                  pre-development runoff conditions. In choosing
                  appropriate BMPs, EPA encourages you to partici-
                  pate in locally based watershed planning efforts
                  which attempt to involve a diverse group of
                  stakeholders including interested citizens. When
                  developing a program that is consistent with this
                  measure's intent, EPA recommends that you
                                                        adopt a planning process that identifies the
                                                        municipality's program goals (e.g., minimize
                                                        water quality impacts resulting from post-con-
                                                        struction runoff from new development and rede-
                                                        velopment), implementation strategies (e.g.,
                                                        adopt a combination of structural and/or non-
                                                        structural BMPs), operation and maintenance
                                                        policies and procedures, and enforcement proce-
                                                        dures. In developing your program, you should
                                                        consider assessing existing ordinances, policies,
                                                        programs, and studies that address  stormwater
                                                        runoff quality. In addition to assessing these exist-
                                                        ing documents and programs, you should pro-
                                                        vide opportunities to the public to participate in
                                                        the development of the program. Non-structural
                                                        BMPs are preventative actions that involve man-
                                                        agement 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 sur-
                                                        faces, and minimize disturbance of soils and veg-
                                                        etation; policies or ordinances that encourage
                                                        infill development in higher density urban areas,
                                                        and areas with existing infrastructure; education
                                                        programs for developers and the public about
                                                        project designs that minimize water quality
                                                        impacts; and measures such as minimization of
                                                        percent impervious area after development and
                                                        minimization of directly connected  impervious
                                                        areas. Structural BMPs include: storage  practices
                                                        such as wet ponds and extended-detention out-
                                                        let structures; filtration practices such as grassed
                                                        swales, sand filters and filter strips; and infiltration
                                                        practices such as infiltration basins and infiltration
                                                        trenches. EPA recommends that you ensure the
                                                        appropriate implementation of the  structural
                                                        BMPs by considering some or all of the following:
                                                        preconstruction review of BMP designs; inspec-
                                                        tions during construction to verify BMPs are built
                                                        as designed; postconstruction inspection and
                                                        maintenance of BMPs; and penalty provisions for
                                                        the noncompliance with design, construction, or
                                                        operation and maintenance. Stormwater tech-
                                                        nologies are constantly being improved, and EPA
                                                        recommends that your requirements be respon-
                                                        sive to these changes, developments, or improve-
                                                        ments in control technologies. (Citation: 64 FR
                                                        68843, December 8,1999).

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                                     Using Smart Growth Techniques as Stormwater Best Management Practices  !    8
 For communities that have embarked on smart
 growth planning, there are several overlapping
 themes:
 "EPA recommends that the BMPs chosen: be appro-
 priate for the local community; minimize water
 quality impacts; and attempt to maintain pre-devel-
 opment runoff conditions."
 Listing your smart growth accomplishments and
 their water quality impacts is one way that your
 BMPs can be appropriately chosen. As mentioned
 in this document, maintaining pre-development
 runoff conditions for redevelopment projects is
 typically neutral since impervious cover replaces
 existing impervious cover. In some areas, locali-
 ties have defined pre-development conditions as
 the undeveloped state. There may be water qual-
 ity imperatives that call for this increased stan-
 dard. The key is to ensure that all development
 projects in the watershed are  held to standards
 that lead to increased protection so that redevel-
 opment rules do not unintentionally penalize
 redevelopment compared to new development.
property may meet impervious surface caps, the
development "footprint" becomes enlarged as
individual development sites grow to include the
required land set-aside. This, in turn disperses
uses and the infrastructure needed to serve it,
including roads and other impervious surfaces.
Thus, while the narrow objective of minimizing
impervious surface coverage on the development
site level is met, the watershed can actually see
an increase in land disturbance and impervious
surface coverage. Water quality practitioners
should recognize that while land development
approvals are made on a site-by-site basis, the
impact of the individual development project
transcends boundaries. This is not to say that
impervious surface caps do not have a place in
protecting water quality. In some places, water-
shed-wide caps have been put into place, fol-
lowed by assessments of the land
conservation/development balance. Like other
aspects of development decisions, the scale, loca-
tion, and interrelationship with other policies are
important.
"...implementation strategies (e.g., adopt a combi-
nation of structural and/or non-structural BMPs)... "
For smart growth and Stormwater goals, the most
effective BMPs will be strategic combinations of
mutually supportive policies. For example, poli-
cies to create better sidewalks might lead to
pedestrian improvements at intersections, which
in turn are supported by plans for a more com-
pact town center to bring uses within walking
distance of each other. These policies act to sup-
port each other and are synergistic, so that the
end result is  the cumulative benefits of the indi-
vidual policies. Many comprehensive plans recog-
nize the combinations or urban design policies;
make sure that your Stormwater plan reflects the
same links among policies.
 ".. Non-structural BMPs are preventative actions..."
Note that prevention of stormwater-related prob-
lems is integral to EPA's guidance. As noted in this
document, reusing existing developed areas and
compact building forms prevent much of the
Stormwater generated from development activity.
''...minimization of directly connected
impervious areas..."
Communities that are seeking to add a street to
connect an older downtown to new residential
areas might find that strict policies to reduce con-
nected, impervious surfaces prohibit the connec-
tions that are needed for economic development
and transportation improvements. Screen your
impervious surface policies to see where
improvements to make compact development
work might be prohibited.


"EPA recommends.. .preconstruction review of
BMP designs."
Preconstruction reviews can identify where there
is disagreement among details in various land
development policies. The preconstruction  review
should include several departments to  identify
where a city or county's smart growth policies
and Stormwater regulations run counter to each
other, and to develop alternative site designs to
accomplish the goals of all programs.
".. and measures such as minimization of percent
impervious area after development..."
EPA's guidance does emphasize reducing impervi-
ous area. When considering reductions, however,
the  development context for smart growth and
Stormwater are important. While each individual

-------
SECTION 2: Specific Smart Growth Techniques as Stormwater BMPs
     6 Rogers, George O and Buren B DeFee II 2005 Long-
       term impact of development on a watershed  Early indica-
       tors of future problems  Landscape and Urban Planning
       Volume 73, Issues 2-3, 15 October 2005, Pages 215-233
     7 U S Environmental Protection Agency. 2002  Onsite
       wastewater treatment systems manual EPA625/R-00/008
       Cincinnati, OH Office of Research and Development
     8 Richards, Lynn, Geoffrey Anderson, and Mary Kay Bailey,
       January 2006  Protecting Water Resources with Higher
       Density Developments Washington, DC U S
       Environmental Protection Agency, www.epa.gov/
       smartgrowth
     9 Amencan Rivers 2002  Paving our way to water short-
       ages. How sprawl aggravates the effects of drought
       Washington, DC http//www amencannvers org/
       site/DocServer/sprawlreportfmal 1 pdf' docID=595
     10 Harbor, J , Engel, B , Jones, D , Pandey, S ,  Lim, K  and
       Muthuknshnan,  S , A Comparison  of the Long-Term
       Hydrological Impacts of Urban Renewal  versus Urban
       Sprawl National Conference on Tools for Urban Water
       Resource Management & Protection, Environmental
       Protection Agency, Conference Proceedings. 2000
     11 Pollard, Tnp. October 2001  Greening the American
       dream Planning Magazine, American Planning
       Association.
     12 Center for Urban Policy Research  September 2000 The
       costs and benefits of alternative growth patterns. New
       Brunswick, NJ Rutgers University
     13 U S  Environmental Protection Agency. September 1999
       Project XL and Atlantic Steel- Supporting environmental
       excellence and smart growth www epa gov/smartgrowth/
       pdf/atlantic_steel_xl pdf
     14 Deason, Jonathan, Gary  A. Carroll, George William
       Sherk,. September 2001. Public policies  and private deci-
       sions affecting the redevelopment of brownfields  An
       analysis of critical factors, relative weights and areal dif-
       ferentials Washington D C. The George Washington
       University  Prepared for  U S Environmental Protection
       Agency, Office of Solid Waste and Emergency Response.
       www gwu. edu/~ eem/Brownfields/proj ect_report/
       report htm
     15  Khattak, Asad and Daniel Rodnguez. July  2005 Travel
       behavior in neo-traditional neighborhood developments
       A case study m USA  Transportation Research Part A
       Policy and Practice Volume 39, Issue 6, Pages 481-500
     16  New Urbamsm  Comprehensive Report  and Best Practices
       Guide, 2003-2004 edition  Pages 14-6 and 14-7. New
       Urban News
17  Montgomery County Department of Environmental
   Protection 2000; Center for Watershed Protection  1998;
   Schueler,  1994, Arnold, C. L. Jr and C. J Gibbons  1996
   Impervious surface coverage The emergence of a key
   environmental indicator Journal of the American
   Planning Association 62
18  Schueler,  T 2000 The Compaction of Urban Soil
   Techniques for Watershed Protection Elhcott City,  MD
   Center for Watershed Protection

19  Examples in this section from Citizens for a Scenic
   Florida. American Forests' urban ecological analysis.
   www scemcflonda org/lscurbanecolog html
20  International City/County Management Association
   November 2002 Trees The green infrastructure. Item
   #42791 www icma org
21  Schueler,  Tom December 1995  Site planning for urban
   stream protection Washington Metropolitan Council of
   Governments.
22  Washington Department of Ecology  2002  City of Olympia's
   impervious surface reduction study
   http //depts Washington edu/cwws/Research/Reports/rpds pdf
23  "Determining the Cost of an Above-Grade Parking
   Structure," Parking Today (www.parkingtoday.com), May
   2000, pp  27-28

24  Low-Impact Development Center, Inc. Permeable pavers
   maintenance, www.lid-stormwater net/permeable_pavers/
   permpavers_mamtain.htm
25  Schueler,  T.R. 1995. Site planning for urban stream protec-
   tion  Elhcott City, MD Center for Watershed Protection
26  Bannerman, R  1994.  Sources of pollutants in Wisconsin
   Stormwater  Milwaukee, WI: Wisconsin Department of
   Natural Resources
27  U S Environmental Protection Agency Post-construction
   Stormwater management in new development and  rede-
   velopment. . cfpub.epa gov/npdes/stormwater/menuof-
   bmps/post_18 cfm
28  Portland Metro, 2002. Green streets: Innovative solutions
   for Stormwater and stream crossings,  http //www metro-
   region.org/article cfm7ArticleID=262
29  Bureau of Environmental Services,  Portland, Oregon
   January 6, 2000 Report to Mayor Vera Katz memo
30 County of Lake, Ohio January 26, 2005 Lake County
   Stormwater utility fee Credit manual for non-residential
   users . wwwl lakecountyohio org/smd/Credit
   %20Manual%20Level%202%20%20Advisory%20
   Board%20Approved pdf

-------
                              Using Smart Growth Techniques as Stormwater Best Management Practices
                                       SECTION  3
                                                               Resources
      This section lists resources for general smart growth, for water resources by smart
      growth technique (as listed in the document for easy reference) and by state. A
      listing of these sites is not an EPA endorsement, and as materials are finalized and
updated, links may change. Many stormwater programs at the state and local levels are
being revised, so keep these keywords in mind if you need to use a search engine to find
updated links:
                                    "ordinance"
"NPDES"                             (IJ  .        „,
                                     design manual
"Phase I" or "Phase II"                  u           .   „
                                     post construction
"MS4"                               „  ,   ,
                                     redevelopment
"stormwater"                          "infill"
"BMP"
These terms used singly or in various combinations, coupled with the name of your state
and/or municipality, should take you to Web sites that contain information on the progress of
stormwater programs, schedules for public meetings, drafts for review, opportunities for
incorporation of smart growth techniques, and other information.

Many of these links cite regulatory documents, and thus are necessarily long; an electronic
version can be found at  to copy and paste Web addresses to
your internet browser.

-------
90   i  SECTION 3: Resources
                 Smart Growth
                 For more information on making the integrated smart growth and water case, visit
                     www.epa.gov/smartgrowth or www.smartgrowth.org.

                 A good introductory primer is "Why Smart Growth: A Primer"
                     www. epa. go v/smar tgro wth/pdf/Why SmartGrowthJbk. pdf

                 "Our Built and Natural Environments: A Technical Review of the Interactions between Land
                 Use, Transportation and  Environmental Quality"
                     www.epa.gov/smartgrowth/pdf/built.pdf

                 Planetizen, a planning and smart growth Web site, lists 50 good Web sites:
                     www.planetizen.com/websites

                 The Congress for New Urbanism has a compendium of model codes on a variety of subjects,
                 including street design, rehabilitation, and urban design. The compendium also includes
                 place-specific codes.
                     www.cnu.org/pdf/code_catalog_8-l-01.pdf

                 Water and Smart Growth
                 EPA has issued several helpful resources on growth and water resources:

                 "Protecting Water resources with Smart Growth"
                     www. epa. gov/smartgrowth/water_resource. htm

                 EPA's Watershed Academy hosts an online training course.
                     www. epa. go v/water train/smar tgro wth

                 EPAs Region 6 has compiled an exhaustive list of water resources that are applicable
                 throughout the country.  The site also lists the Web sites of state stormwater offices for each
                 of the  50 states and U.S. territories.
                     www.epa.gov/region6/water/npdes/sw/resources.pdf

                 The Met Council has released a series of documents on controlling stormwater in
                 cold climates.
                     www.metrocouncil.org/environment/watershed/bmp/manual.htm

                 Stormwater Sites
                 EPAs main site for NPDES permits:
                     h ttp ://cfpub. epa. gov/npdes/index. cfm

                 EPAs stormwater program home page
                     http://cfpub.epa.gov/npdes/home.cfm?program_id=6

-------
                                  Using Smart Growth Techniques as Stormwater Best Management Practices  j   9
 EPA Fact Sheet on Phase II
    www.epa.gov/npdes/pubs/fact2-0.pdf

 State stormwater programs
    http://cfpub.epa.gov/npdes/linkresult.cfm?program_id=6&link_category=2&view=link

 Resource List for Stormwater Management Programs and Phase II
    www.epa.gov/npdes/pubs/sw_resource_list.pdf

 Menu of Best Management Practices (BMPs)
    http://cfpub.epa.gov/npdes/stormwater/menuoibmps/menu.cfm

 The Stormwater Authority lists state programs, news, white papers, and articles
    www.stormwaterauthority.org/

 The Natural Resources Defense Council's "Stormwater Strategies"
    www.nrdc.org/water/pollution/storm/stoinx.asp

 Project NEMO (Non-point Education for Municipal Officials)
    http://nemo.uconn.edu

 EPA's National Management Measures to Control NonPoint Source Pollution from Urban
 Areas
    www. epa. go v/nps/urbanmm/

 Innovations in Phase  II Guidance and Permits to Include Smart
 Growth
 EPAs model permit for Phase II includes language on specific smart growth techniques
 (e.g. infill), as well as flexibility to custom design ordinances and guidance.
    www.epa.gov/npdes/pubs/modpermit.pdf

 The Michigan Environmental Council is developing materials on smart growth and
 Michigan's innovative stormwater and watershed permitting.
    www.michiganenvironmentalcouncil.org

 The Santa Clara Valley Urban Runoff Pollution Prevention Program has developed a new
 Phase I permit to include many smart growth innovations. Under the reissued permit, the
 city of San Jose revised local ordinances to incentivize smart growth projects, such as afford-
 able housing and redevelopment.

•  The regional permit:
       www.scvurpppw2k.com/pdfs/other/NPDES_Permit_C3New_Finalodrtransltr.PDF

•  The San Jose Policy changes:
       www.sanjoseca.gov/planning/stormwater/pol_stormwater.pdf

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92   ;  SECTION 3: Resources
                  The city of Poway, California, has defined BMP to include redevelopment and development
                  projects that improve stormwater performance as compared to conventional designs.
                     www.codepublishing.com/ca/poway/Powayl6/Powayl6101. html#16.101.200


                  Resources by Smart Growth Technique
                  Regional Planning

                  EPAs Surf Your Watershed
                     www.epa.gov/surf

                  EPA hosts a page on build-out tools
                     www.epa.gov/greenkit/2tools.htm

                  EPA link to source water protection plans
                     www.epa.gov/safewater/protect.html

                  The Trust for Public Land published "Protecting the Source" on regional source water
                  protection efforts.
                     www.tpl.org
                     www.tpl.org/tier3_cd.cfm?content_item_id=1337&folder_id=195

                  New Jersey's program for regional and integrated planning
                     www. smar tgrowthgateway. org

                  For information on the Highlands (New Jersey) water protection plan
                     www.highlands.state.nj .us/index.html and
                     www. state. nj. us/dep/highlands/faq_info. htm

                  New Jersey's Regional Plan Association hosts research and position papers.
                     www. planningpar tners .org

                  RPA developed a paper on goal oriented zoning using smart growth techniques.
                     www.planningpartners.org/projects/wmal l/sg_alt/smartgrowthalt_text.pdf

                  The Association of New Jersey Environmental Commissions' Smart Growth Survival Kit
                     www.anjec.org

                  The Central New York Regional Planning Board's regional assistance program for Phase II
                  communities
                      www.cnyrpdb.org/stormwater-phase2/

                  The University of Rhode Island's Cooperative Extension's A Creative Combination: Merging
                  Alternative Wastewater Treatment with Smart Growth
                      http://www.uri.edu/ce/wq/mtp/PDFs/manuals/Creative%20Combination%203-10.pdf

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices
 The Planning Commissioners Journal hosts a page on transfer of development rights pro-
 grams, including examples, common challenges, and resources.
    www.plannersweb.com/wfiles/w370.html

 Appalachian Regional Commission's site on strategic planning and best practices.
    www.arc.gov/index.do?nodeld=44

 Infill
 The Washington State Phase II permit application
    www.ecy.wa.gov/programs/wq/stormwater/phase_2/Phase%20II%20Application.pdf
    (see page 14 for the language on infill development).

 The Greenbelt Alliance published "Smart Infill" with information on zoning codes, design,
 and public participation
    www.greenbelt.org (go to "Resource Center" and "Reports")

 The Metro Council published the Urban Small Sites Best Management Practice (BMP)
 Manual.
    www.metrocouncil.org/environment/Watershed/bmp/manual.htm

 Association of Metropolitan Planning Organizations
    www.ampo.org

 The Local Government Commission, the REALTORS, and EPA co-published "Creating Great
 Neighborhoods: Density in Your Community"
    www.lgc.org/freepub/PDF/Land_Use/reports/density_manual.pdf

 Smart Growth America produced "Choosing Our Community's Future" to assist neighbor-
 hood leaders in shaping growth in their neighborhoods.
    www. smar tgro wthamerica. org

Wisconsin developed post-construction standards that vary for development type
 (i.e., new development, redevelopment, infill).
    www.dnr.state.wi.us/org/water/wm/nps/stormwater/post-constr/

 Clark County's (Washington) comprehensive plan
    www. co. dark, wa. us/longrangeplan/review/index. html

Wisconsin Department of Natural Resources' list of general land use terms
    dnr.wi.gov/org/es/science/landuse/education/GPZ.htm.

New Jersey's two-tiered permit system for infiltration requirements
    www.njstormwater.org

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94   !  SECTION 3: Resources
                  Austin, Texas, smart growth incentives for infill
                     www.ci.austin.tx.us/smartgrowth/incentives.htm

                  San Diego's Localized Equivalent Area Drainage program (LEAD) for sharing stormwater
                  costs across projects
                     www.sannet.gov/stormwater

                  The Center for Watershed Protection sponsors Builders for the Bay, "Smart Site," and the Site
                  Design Roundtable
                     www.cwp.org

                  Maryland's Guide to BMP Selection
                     www.mde.state.md.us/assets/document/chapter4.pdf

                  Redevelopment
                  The National Vacant Properties Campaign has information on the most common conditions
                  leading to vacated properties, and ways to develop programs that can bring unproductive
                  property back.
                     www.vacantproperties.org/

                  The Congress for the New Urbanism's Greyfields into Goldfields
                     www.cnu.org/cnu_reports/Executive_summary.pdf

                  The U.S. Department of Housing and Urban Development's Smart Codes in Your
                  Community: A Guide to Building Rehabilitation Codes
                     http://www.huduser.org/publications/destech/smartcodes.html

                  The Smart Growth Leadership Institute has a Web site devoted to code audits to identify bar-
                  riers to redevelopment.
                     www.sgli.org/implementation.html

                  The U.S.  Green Building Council's (USGBC's) scorecards, called LEED (for Leadership in
                  Environmental and Energy Design), contain rating systems for development and redevelop-
                  ment projects. USGBC has a new  scorecard under development call LEED Neighborhood
                  Design (LEED ND).
                     www.usgbc.org/leed/leed_main.asp

                  EPA's case study of the Atlantic Steel redevelopment project
                     www.epa.gov/projectxl/atlantic/index.htm

                  Development Districts
                  The  state of Oregon created a design manual for development districts, which can serve as a
                  base example for developing a joint smart  growth and stormwater design manual.
                      egov.oregon.gov/LCD/docs/publications/wqgbchapter4dsnstan.PDF

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices     9.
Emeryville, California, developed design guidelines for highly urbanized areas with limited
opportunities for infiltration - Design Guidelines for Green, Dense Redevelopment. The final
document will be released in 2006.
    www.ci.emeryville.ca.us/planning

Elm Grove, Wisconsin, has developed plans to include downtown revitalization, stormwater
control, and open space planning.
    www. elmgrovewi. org

Chesterfield, Burlington County, in New Jersey has a code for transfer of development rights,
including a "Planned Village Development" district ordinance for receiving areas.
    www.smartgrowthgateway.org/ordinances/chesterfield.pdf

EPA Brownfields site
    www. epa. gov/swerosps/bf/index. html

San Diego's "City of Villages" planning initiative
    www. sandiego. go v/cityo {Villages

San Diego's Urban Runoff Program
    www.sandiego.gov/stormwater

The Trust for Historic Preservation sponsors the Main Street Program
    www.mainstreet.org/

Caltrans has a site dedicated to transit oriented development. This site describes each project,
giving information on land use plans, transportation performance, and project details.
    transitorienteddevelopment.dot.ca.gov

The Congress for New Urbanism's compilation of code innovations
    www.cnu.org/pdf/code_ca talog_8-l-01.pdf.

New Urban News developed New Urbanism: Comprehensive Report & Best Practices Guide,
which contains analyses, best practices, and examples. To order, go to
    www. newurbannews. com.

Tree Programs
Treelink has a page with links to tree preservation, urban forestry, and urban
design ordinances.
    www.treelink.org/linx/?navSubCatRef=25

Casey Trees is developing detailed information on the amount of stormwater that can be
intercepted by tree cover and green roofs.
    www.greenroofs.org/resources/greenroofvisionfordc.pdf

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96     SECTION 3: Resources
                  American Forests has information on research, ordinances, and CITYGreen software.
                     www.americanforests.org

                  International Society of Arboriculture
                     www.isa-arbor.com

                  Scenic America has a model tree ordinance and supporting information
                     www.scenic.org/portals/0/trees%20-%20ordinance.doc

                  Trees Atlanta's  assessment of the benefits of tree canopy
                     www.treesatlanta.org

                  The USDA Forest Service Southern Region
                     www.urbanforestrysouth.org

                  Metro's Trees for Green Streets: An Illustrated Guide
                     www.metro-region.org/article. cfm?articleid=263

                  Parking Reduction Strategies
                  Parking Spaces/Community Spaces is set for release in 2006 from EPA.
                     www. epa. go v/smar tgrowth.

                  The Stormwater Center has a fact sheet on planning, designing and retrofitting parking lots.
                     www.stormwatercenter.net/Assorted%20Fact%20Sheets/Tool4_.Site_Design/
                     GreenParking.htm

                  Olympia, Washington's Impervious Surface Reduction Study
                     depts .Washington. edu/cwws/Research/Reports/ipds.pdf

                  Model agreement for shared parking
                     www.metro-region.org/article.cfm?articleid=435

                  The North Central Texas Council of Governments developed guidance, which includes park-
                  ing reduction strategies.
                     www.dfwstormwater.com/Storm_Water_BMPs/post-construct.asp#rec

                  Information on car-sharing
                     www.carsharing.net/where.html

                  "Fix It First"
                  The National Governors Association issued an Issue Brief on "Fix it First."
                     www.nga.org/cda/files/0408FIXINGFIRST.pdf

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                                   Using Smart Growth Techniques as Stormwater Best Management Practices
 EPA's Sustainable Water
 www. epa. go v/wa ter/infras tru cture.

 Smart Growth Street Design

 The Institute for Transportation Engineers developed two recommended practice guidelines:
 "Traditional Neighborhood Development Street Design Guidelines" (1999) and
 "Neighborhood Street Design Guidelines" (2003).
    www.ite.org

 The Victoria Transport Policy Institute hosts an online transportation encyclopedia. This fre-
 quently updated site includes many details on transportation and street networks and
 includes examples from across the country, as well as international examples.
    www. vtpi. org/tdm/index. php

 The American Planning Association has issued a report, Planning for Connectivity: Getting
 from Here to There, Report PAS #515, written by Susan Handy, Robert Paterson, and Kentt
 Butler.
    www.planning.org.

 The metropolitan region around Portland, Oregon (Metro) developed a regional street design
 manual, specifying stream treatments, street width, and associated water quality benefits.
    www.metro-region.org (type "street design" into the site's search engine)

 North Carolina's Department of Transportation (NCDOT) approved street design guidelines
 for Traditional Neighborhood Development Design.
    www.doh.dot.state.nc.us/operations/tnd.pdf

 The Local Government Commission developed fact sheets on designing multi-use streets.
    www.lgc.org  (under "Free Resources")

The Congress for New Urbanism published a literature review of street designs for traditional
neighborhood design and smart growth projects. This literature review will be used to sup-
port further work with the Institute of Transportation Engineers on the subject.
    cnu. org/pdf/lit_review_assigned. pdf

Dane County, Wisconsin, adopted traditional street standards.
    www.co.dane.wi.us/plandev/build/pdf/tnd/20040225_append_C.pdf

Seattle launched  the Siskiyou Green  Street Project to  add vegetated curb extensions. These
extensions handle some of the Stormwater that would otherwise enter the storm sewer.
    www.portlandonline. com/bes/index. cfm? c=dhfj c

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SECTION 3: Resources
          Stormwater Utilities
          The Center for Urban Policy and the Environment at Indiana University-Purdue University
          Indianapolis (IUPUI), in cooperation with EPA, hosts a page dedicated to storm water
          finance. Some of the case studies provide examples on how to creatively match the rate
          structure with impacts.
             http://stormwaterfinance.urbancenter.iupui.edu/

          Lake County (Ohio) Credit Manual for Tier 2 Cities, Lake County Stormwater Management
          Department.
             www2.1akecountyohio.org/smd/Credit%20Manual%20Level%2020/o20%20Advisory
             %20Board%20Approved.pdf

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                               Using Smart Growth Techniques as Stormwater Best Management Practices
                                         SECTION  4
                                New Jersey - A Case Study in Weaving
                    Stormwater and Smart Growth Policies Together
      The state of New Jersey has one of the
      most fully developed smart growth
      programs of any state. In 1985, the
state adopted the State Planning Act, which
led to the creation of a State Development
and Redevelopment Plan (the State Plan).
This plan was created through a statewide
planning process called cross-acceptance,
which ensures that governments at all levels,
as well as stakeholders and the public, par-
ticipate in deciding the future of New Jersey's
growth. Early accomplishments included
farmland protection, a land acquisition pro-
gram, and comprehensive brownfields rede-
velopment policies.

In the early 1980s New Jersey passed its
Stormwater management rules. As attention to
smart growth and the awareness of the envi-
ronmental impacts of development increased,
so did interest in updating Stormwater rules.
In the 1990s, with the new Phase II require-
ments on the horizon, the state developed
rules with both growth and Stormwater goals
in mind. In 2003, the state passed two com-
panion laws, one called the "MS4 Law" to
establish a statewide permitting system, and
the other called the "Stormwater Management
Rule," which modernized the state's original
Stormwater laws and forged closer links
between Stormwater and other growth man-
agement plans.

Goals for Smart Growth
The purpose of the State Plan is to coordi-
nate planning activities and establish
statewide planning objectives in the follow-
ing areas: land use, housing, economic devel-
opment, transportation, natural resource
conservation, agriculture and farmland reten-
tion, recreation, urban and suburban redevel-
opment, historic preservation, public
facilities and services, and intergovernmental
coordination

New Jersey uses the goals in the State Plan as
a guide. The state is divided into five regions,
with different goals based on the existing
development profile, as well as plans for
growth in that area. The accompanying State
Plan Policy Map serves as the underlying
land use-planning and management frame-
work that directs funding, infrastructure
improvements, and preservation for pro-
grams throughout New Jersey.

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100
SECTION 4 New Jersey - A Case Study
                 Goais for Water and
                 Stormwater
                 The new stormwater rules are meant to com-
                 plement other environmental and economic
                 goals. The new rules place an emphasis on
                 ground water recharge, though that require-
                 ment would be waived for urban areas. In
                 urbanizing areas, LID techniques are to be
                 used to maintain existing vegetation and
                 drainage patterns. In all areas of the state,
                 BMPs would be chosen to achieve an 80 per-
                 cent reduction in certain pollutant loads.
                 Areas along waterways designated as
                 Category One (Cl) water resources have spe-
                 cial protections, such as the Highlands area
                 of the state.

                 Specific Policies that Meet
                 Both Water and Smart
                 Growth Goals
                 This section describes policy areas that have
                 both water and smart growth goals.

                 Tiered Stormwater Requirements:
                 Instead of creating blanket requirements for
                 all areas of the state, New Jersey adopted two
                 tiers to administer stormwater requirements.
                 Municipalities within the state are assigned
                 to either Tier A  or Tier B. Tier A municipali-
                 ties are generally located within the more
                 densely populated regions of the state or
                 along the coast. Tier B municipalities are
                 generally more rural and in non-coastal
                 regions. The Tier B Permit includes basic
                 requirements and concentrates on new devel-
                 opment and redevelopment projects and
                 public education. The Tier A Permit includes
                 the requirements found in the Tier B Permit,
                 plus BMPs aimed at controlling stormwater
                 pollutants from existing development.
                                                     Meeting Smart Growth Goals: By establish-
                                                     ing tiers instead of general requirements, the
                                                     state recognizes that the requirements based
                                                     on development context can help create a
                                                     level playing field so that greenfields devel-
                                                     opment is not unintentionally favored due to
                                                     less strict requirements.

                                                     Meeting Stormwater Goals: Tier A rules
                                                     address stormwater problems found in
                                                     urbanized areas, such as pet waste and litter.
                                                     The infiltration requirements are tied to areas
                                                     of the state critical for recharge, but are not
                                                     required in urbanized areas where legacy
                                                     pollutants may enter underground water
                                                     systems.

                                                     "Fix It First:"
                                                     The New Jersey State Development and
                                                     Redevelopment Plan and Infrastructure
                                                     Needs Assessment, both adopted in March
                                                     2001,  are used to encourage smart infrastruc-
                                                     ture investments. The "Fix It First" rules are
                                                     particularly strong for transportation invest-
                                                     ments. For water and sewer infrastructure,
                                                     the rules are not as explicit, but there are
                                                     other policies that help direct funds for
                                                     repair and replacements of water infrastruc-
                                                     ture. The State Planning Act links the state's
                                                     annual capital budget recommendations to
                                                     the State Development and  Redevelopment
                                                     Plan, and makes the Infrastructure Needs
                                                     Assessment an integral part of the State Plan.

                                                     One concern voiced by developers is the
                                                     poor condition of infrastructure in many of
                                                     the designated growth areas. The state has
                                                     responded through its "Water Quality
                                                     Management Planning and Smart Growth
                                                     Implementation Process" grant.

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices    10
Meeting Smart Growth Goals: By focusing
infrastructure investments in existing cities,
towns, and suburbs, New Jersey can encour-
age downtown revitalization, decrease devel-
opment pressures on farmland and other
open space, and conserve limited funds by
taking advantage of past infrastructure
investments.

Meeting Stormwater  Goals: Combined sewer
overflows account for much of the pollution
in New Jersey's waterways and harbors. Fixing
aging infrastructure can mitigate —or elimi-
nate—this source of pollution. Over a third of
Newark's 170-mile collection system is brick.
Fixing the infrastructure not only helps with
overflows, but also decreases the strain on the
system caused by inflow and infiltration (I/I).
In addition, upgrades to infrastructure in des-
ignated growth areas can attract development
that may go elsewhere in sensitive watersheds.

Utility Policies:
The New Jersey Board of Public Utilities
(NJBPU) is the  state's utility regulatory
authority with oversight over  the state's ener-
gy, telecommunications, water/wastewater,
and cable television industries. Following the
creation of a board-wide Smart Growth
Policy Team, the NJBPU looked at its infra-
structure extension formula and the extent
to which developers will be required to pay
for the necessary infrastructure. The formula
was established to accommodate growth
based on where development is occurring
and how infrastructure improvements can
best be financed to support increased devel-
opment in designated growth  areas. As stated
in the 2005 strategic  plan, NJBPU wants to
make developers constructing on greenfield
sites bear the full  cost of gas, electric, and
water line extensions, while reimbursing
older communities and designated growth
areas for laying utilities on their own.

Meeting Smart Growth Goals: Currently,
builders negotiate the amount they contribute
to gas, electrical, and water line extension on
a case-by-case basis often with large reim-
bursements, while the total cost of service
expansion to new subdivisions is subsidized
by ratepayers in cities and older suburbs.
Adjusting the formulae for rates and exten-
sions to reflect actual costs brings transparen-
cy to the costs of various  development
patterns. Denser, older communities are more
efficiently served per unit that dispersed
development, thus  holding down both instal-
lation and long term maintenance costs.

Meeting Stormwater Goals: The BPU's
adjustments to extension and rate policies
complement "Fix It First" policies and those
geared to directing growth to designated
growth areas. Funds can be targeted to
repair, replacement, and capacity upgrades
rather than installation to serve new, dis-
persed development. Holding down utility
costs in urban areas can attract residents and
commercial  entities.

Infill and Redevelopment
Districts:
New Jersey has several programs and policies
geared toward redevelopment and revitaliz-
ing existing  neighborhoods. The list is long,
and the accompanying policies, grant pro-
grams and incentives are  too long to list
here. Among the programs are:

•  New Jersey's Office of  Brownfield Reuse
   www.state.nj.us/dep/srp/brownfields/obr/

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102    SECTION 4  New Jersey - A Case Study
                  • Rehabilitation Subcode
                    www.nj.gov/dca/codes/rehab/index.shtml
                  • Transit Village Initiative
                    www.state.nj .us/transportation/
                    community/village
                  Meeting Smart Growth Goals: The recycling
                  of brownfields and vacant sites allows the
                  state to meet its smart growth goals of pro-
                  tecting open space by clustering develop-
                  ment on existing sites, already served by
                  infrastructure. In addition, the state has
                  taken strides to provide affordable housing
                  and save historic buildings through redevel-
                  opment. The transit villages and older areas
                  that are served by multiple modes of transit
                  offers options and reduces the amount of
                  infrastructure needed to support automobile
                  dependent types of development.

                  Meeting Stormwater Goals: Both public and
                  private sector investment in older areas pro-
                  vides funding for infrastructure upgrades.
                  The focus on larger sites (brownfields, transit
                  station areas)  allows localities to better plan
                  for handling stormwater on site.

                  Agricultural Smart Growth Plan:
                  New Jersey's 2003 Agricultural Smart Growth
                  Plan provides a roadmap for the future of agri-
                  culture across  the state. The plan consists of
                  five components:  1) farmland preservation, 2)
                  innovative conservation planning, 3) economic
                  development, 4) natural resource conservation,
                  and 5) agricultural industry sustainability.
                  Other components of the plan aim to preserve
                  20,000 acres of farmland per year through
                  2009 and integrate economic development and
                  smart growth into the agricultural industry.
                  The future of agriculture in an expanding,
                  global market  also depends upon innovative
planning techniques, economic development,
natural resource conservation, and programs
and policies which keep the industry viable.
For more information visit 
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                                  Using Smart Growth Techniques as Stormwater Best Management Practices    Id
desires more growth (the receiving zone) as
identified in the municipality's land-use plan.
Landowners in the sending zone are allocated
a number of development credits, which can
be sold to developers, speculators, or the com-
munity itself. In return for selling his or her
development credits, the landowner in the
sending zone agrees to place a permanent
conservation easement on his or her land.
Meanwhile, the purchaser of the development
credits can apply them to develop at a higher
density than otherwise allowed on property
under the base zoning.

On March 29, 2004, then-Governor
McGreevey signed a bill authorizing all
municipalities in New Jersey to adopt TDR
programs, making New Jersey the first state in
the nation to make TDR available statewide.
TDRs typically work best when they are used
in combination with other policies. Receiving
areas must be ready to accept the density
being sent, which means the zoning and infra-
structure must be in place.

Meeting Smart Growth Goals: New Jersey's
TDR program meets several of the state's
smart growth principles, most notably  the
protection of open space, farmland, and sce-
nic resources; compact, clustered community
design; and locating future growth in com-
munities with existing infrastructure. The
state has a well-developed program in the
Pinelands. To see more on the details of how
the TDR program has been established, see
.

Meeting Stormwater Goals: Much of the
land identified as sending areas are also criti-
cal for water and recharge. That water would
become urban runoff if developed under
conventional standards and would result in
stream degradation throughout larger seg-
ments. Receiving areas, which can then be
developed more intensively, can accommo-
date more development on a smaller foot-
print, thus making more efficient use of land
on a per unit basis. While most TDR pro-
grams are geared toward farmland preserva-
tion, they can also be designed for erosion
control and water quality. For example, a
TDR program can be implemented along
with a source water protection plan.

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-------
                         Using Smart Growth Techniques as Stormwater Best Management Practices ''•  10'
   Acronyms  &  Glossary
Acronyms
BID—Business Improvement District

BMP—Best Management Practices

COG—Council of Governments

CWA—Clean Water Act

CZMA—Coastal Zone Management Act

ICMA—International City/County Managers
   Association

LID—Low Impact Development

LOS—Level of Service

MPO—Metropolitan Planning Organization

NACO—National Association of Counties

NAHB—National Association of
   Homebuilders

NPDES—National Pollutant Discharge
   Elimination System
NPS—Nonpoint Source Pollution

NRCS—Natural Resource Conservation
   Services

PFA—Priority Funding Area

SWMP—Stormwater Management Plan

SWPP—Stormwater Prevention Plan or
   Stormwater Pollution Prevention Plan

TIP—Tax Increment Financing

TDR—Transfer of Development Rights

TMDL—Total Maximum Daily Load

TND—Traditional Neighborhood
   Development

TOD—Transit Oriented Development

UDO—Unified Development Ordinance

USEPA—United States Environmental
   Protection Agency

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106
GLOSSARY
                  Glossary
                  BMPs (Best Management Practices):
                  Methods that have been determined to be
                  the most effective, practical means of pre-
                  venting or reducing pollution from non-
                  point sources, such as pollutants carried by
                  urban runoff. These methods can be struc-
                  tural (e.g., devices, ponds) or non-structural
                  (e.g., policies to reduce imperviousness).
                  BMPs classified as "non-structural" are those
                  that rely predominantly on behavioral
                  changes rather than construction in order to
                  be effective. "Structural" BMPs are engi-
                  neered or constructed to prevent or manage
                  stormwater.

                  Biofiltration:  The use of vegetation such as
                  grasses and wetland plants to  filter and  treat
                  stormwater runoff as  it is conveyed through
                  an open channel or swale.

                  Buffer Zone: A designed transitional area
                  around a stream lake  or wetland left in a nat-
                  ural, usually vegetated, state so as to protect
                  the waterbed  from runoff-related pollution.
                  Development is typically prohibited or
                  restricted in a buffer zone.

                  Charrette: A French word meaning "cart";
                  often used to  describe the final, intense work
                  effort expended by art and architecture stu-
                  dents to meet a project deadline. In modern
                  terms, a charrette is an intense community
                  workshop, typically held  over several con-
                  secutive days, conducted  to gather ideas and
                  develop feasible community design options.

                  Combined  Sewer Overflows (CSOs) and
                  Sanitary Sewer Overflow (SSOs):
                  Overflows occur when pipes carrying sewage
                  and/or stormwater are overwhelmed by a
                                                       high volume of water, typically during rain-
                                                       storms. Older cities tend to have combined
                                                       sewers (stormwater and sewage are carried
                                                       in the same pipe); however, sanitary sewers
                                                       can overflow as well.

                                                       Detention: The storage and slow release of
                                                       stormwater following a precipitation event
                                                       by means of an excavated pond, enclosed
                                                       depression, or tank. Detention is used both
                                                       for pollutant removal, stormwater storage,
                                                       and peak flow attenuation.

                                                       Exfiltration: The downward flow of water
                                                       into the soil.

                                                       Floodplain: A natural or statistically derived
                                                       area adjacent to a stream or river where
                                                       water  overflows its banks at some frequency
                                                       during extreme weather events.

                                                       General Permit: A permit issued under the
                                                       NPDES program  to cover a certain class or
                                                       category of stormwater discharges. These
                                                       permits reduce the administrative burden of
                                                       permitting stormwater discharges. Most per-
                                                       mitting authorities also allow for individual
                                                       permits, which are tailored to meet unique
                                                       needs.

                                                       Hydrology: The science dealing with the
                                                       properties, distribution, and circulation of
                                                       water  on and below the Earth's surface and
                                                       in the atmosphere.

                                                       Impervious Surface: A hard surface  area that
                                                       either prevents or retards the entry of water
                                                       into the soil mantle as occurs under natural
                                                       conditions (prior  to development), and from
                                                       which water runs off at an increased rate of
                                                       flow or in increased volumes. Common
                                                       impervious surfaces include but are not

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                                  Using Smart Growth Techniques as Stormwater Best Management Practices  |   10"
limited to rooftops, walkways, patios, drive-
ways, parking lots, compacted soil, and road-
ways. "Effective impervious surface" is
commonly used to describe impervious sur-
faces connected to receiving water directly or
with a conveyance device (e.g., curbs, pipes,
gutters).

Infiltration: The process or rate at which
water percolates from the land surface into
the ground. Infiltration is also a general cate-
gory of BMPs designed to collect runoff and
allow it to flow through the ground for
treatment.

Infiltration/Inflow (I/I): Clean storm and/or
groundwater that enters the sewer system
through cracked pipes, leaky manholes, or
improperly connected storm drains, down
spouts and sump pumps. Most inflow  comes
from Stormwater and most infiltration comes
from groundwater. I/I affects the size of con-
veyance and treatment systems and, ulti-
mately, the rate businesses and residents pay
to operate and maintain them.

Maximum Extent Practicable (MEP):
A standard that applies to  all MS4 operators
under NPDES permits. The standard has no
exact definition, as it was intended to be
flexible to allow operators to tailor their
Stormwater programs to their particular site

MS4 (Municipal Separate Storm Sewer
System): A publicly owned conveyance or
system of conveyances that discharges to
waters of the United States or waters of the
state, and is designed or used for collecting
or conveying storm water. Conveyances  can
include any pipe; ditch or gully; or system of
pipes, ditches, or gullies, that is owned or
operated by a governmental entity and used
for collecting and conveying storm water.
For purposes of implementing NPDES, regu-
lated communities have been divided into
small, medium and large MS4s:

•  Large MS4: all municipal separate storm
   sewers that are located in an incorporated
   place with a population of 250,000 or
   more according to the latest Census.
•  Medium MS4: all municipal separate
   storm sewers that are located in an incor-
   porated place with a population of more
   than 100,000 but less than 250,000.
•  Small MS4: any municipal separate storm
   sewer that is not defined as being "large"
   or "medium," but which meets certain cri-
   teria on density or other factors used
   locally for designation.

National Pollutant Discharge Elimination
System (NPDES):  A provision of the Clean
Water Act that prohibits the discharge of pol-
lutants into waters of the United States
unless a special permit is issued by EPA, a
state (where designated), a tribal government
or Indian reservation.

Nonpoint source (NFS) pollution:
Pollution that is caused by or attributable to
diffuse sources. Typically, NFS pollution
results from land runoff, precipitation,
atmospheric deposition, or percolation.

Notice of Intent (NOI): An application to
notify the permitting authority of  a facility's
intention to be covered by a general permit;
exempts a facility from having to submit an
individual or group application.

Permitting Authority: The NPDES-author-
ized state agency or EPA regional  office that

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108  !  Smart Growth Stormwater
                  administers the NPDES program, issuing
                  permits, providing compliance assistance,
                  conducting inspections, and enforcing the
                  program.

                  Pollution-generating pervious surfaces: A
                  non-impervious surface with vegetative
                  ground cover subject to use of pesticides and
                  fertilizers. Such surfaces include, but are not
                  limited to, the  lawn and landscaped areas of
                  residential or commercial sites, golf courses,
                  parks, and sports fields.

                  Post-Construction BMPs: A subset of BMPs
                  including source control and structural treat-
                  ment BMPs that detain, retain, filter, or edu-
                  cate to prevent the release of pollutants to
                  surface waters  during the final functional life
                  of development.

                  Retention: The process of collecting and
                  holding surface and Stormwater runoff with
                  no surface outflow.

                  Runoff:  Any drainage that leaves an area as
                  surface flow.

                  Sanitary Sewer: An underground pipe sys-
                  tem that carries sanitary waste and other
                  wastewater to a treatment plant

                  Stormwater Sewer System: A system of
                  pipes and channels that carry Stormwater
                  runoff from surfaces of building, paved sur-
                  faces,  and the land to discharge areas

                  Stormwater Management: The prevention,
                  control, and mitigation of the effects of
Stormwater runoff. Management programs
include regulatory and non-regulatory
aspects, but are typically integrated with
other water quality programs.

Stormwater Management Plan (SWMP):
A plan, which may be integrated with other
land development plans or regulations, that
spells out how a regulated entity intends to
prevent and treat Stormwater runoff.

Stormwater Pollution Prevention Plan
(SWPPP): A plan to describe a process
though which a facility thoroughly evaluates
potential pollutant sources at a site and
selects and implements appropriate measures
designed to prevent or control the discharge
of pollutants in Stormwater runoff.

Total Maximum Daily Load (TMDL):
A regulatory limit of the greatest amount of
pollutants that can be released into a body
of water without adversely affecting water
quality.

Water Quality Standards:  State-adopted and
EPA-approved ambient standards for water-
bodies. The standards cover the use of the
waterbody and the water quality criteria that
must be met to protect the designated use or
uses.

Watershed: A geographic area in which
water flowing across the surface will drain
into a certain stream or river and flow out of
the area via that stream or river. All of the
land that drains  to a particular body of water.

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