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Stormwater regulations softened
Source:
Butler Eagle
Written by:
Tom Victoria
Published:
August 25, 2010
The Butler County commissioners on Aug. 18 granted the wishes of the northern municipalities by softening stormwater regulations.
Before adopting the guideline for new restrictions for construction, the commissioners raised the minimum size of new development requiring stormwater mitigation plans.
Previously set at more than 5,000 square feet, the resolution now sets the number at 10,000 square feet.
Now that the commissioners passed the resolution mandated by the state Department of Environmental Protection, each of the 57 municipalities in the county must adopt an ordinance following that guideline.
Each municipal ordinance must be equal to or more stringent than the guideline set by the county.
Commissioner Jim Lokhaiser said the change was needed to help municipalities that didn't want to be hampered by tighter limits.
"The entire board has your well-being in mind," he said to the few township officials in attendance.
Commissioner James Kennedy agreed the adjustment to the resolution gives municipalities some latitude.
He said the concerns of officials in Butler County are shared by others.
"It is a big issue across the state," Kennedy said.
Butler County municipalities won't have to adopt their ordinances until 2011.
Ron Lybrook, environmental group manager for DEP's watershed management program, said in an interview the state's review of the county resolution takes 90 days.
If the DEP approves the county resolution in October, municipalities will have six months from then to adopt their ordinances.
The municipalities that already have stormwater management regulations, such as Cranberry and Butler township, must amend their ordinances to meet the DEP criteria.
While the county commissioners are appeasing township officials by increasing the minimum threshold to 10,000 square feet, that number might not pass muster with the state.
Only one other county in the northwest region of the state submitted a limit that high. The DEP will review McKean County's resolution, which also has a 10,000-square-foot threshold.
The other counties in the region set the limit at more than 5,000 square feet.
Commissioner Dale Pinkerton, board chairman, said after the meeting it would have been more difficult for Butler County to submit a plan with 10,000 square feet if McKean had not done so first.
However, there are no guarantees.
"The DEP can reverse it any time," Pinkerton said.
The DEP has not set a cap on the number of square feet. The agency is reviewing each county's resolution on a case-by-case basis.
The size limit encompasses the entire area of a development, including driveways, that creates surfaces that are impervious to water.
The regulations do allow an exemption for single-family homes that are not part of a large housing plan.
Under the exemption, an engineered stormwater plan wouldn't be needed if there is a building setback of 75 feet from downstream property lines.
Walt Walowen, a Mercer Township supervisor, said during the meeting he represented 15 townships wanting the county to not enact the resolution or at least to loosen its requirements.
In addition to Mercer, Allegheny, Brady, Center, Cherry, Clay, Concord, Fairview, Franklin, Marion, Parker, Slippery Rock, Venango, Washington and Worth townships and West Liberty called for a looser guideline.
Dave Johnston, county planning director, has received notification from more than half of those municipalities.
Walowen said the DEP mandate is unfair to municipalities.
"It's such a large umbrella," he said about the regulations.
Walowen, who is a subcontractor for homebuilders, said the regulations will hurt his industry.
He said people building homes will pay significantly more than they would have previously.
Lybrook said of the state law: "You try to prevent problems from occurring."
He pointed out the cost to address flooding problems far exceeds the administrative costs to enact and enforce an ordinance.
Walowen maintains municipalities with no problems now can always tighten their ordinances later.
"They change it as needed," he said.
Lybrook said it could be argued that it's probably better to err on the side of being too stringent than being too loose.
He said 10,000 square feet might not be best choice for a countywide guideline.
"Is that appropriate?" he asked.
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