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Recommendations for Municipal Actions to Protect and Improve Water Quality

Through several phases of this stakeholder research project, MTAAP members and municipal water quality champions provided ideas for tools and partnerships that enable municipalities to protect their water quality. The DVRPC team synthesized these ideas into discrete recommendations and asked the MTAAP members to prioritize them.

Below are broad recommendations, listed in priority order as identified by MTAAP members.

Municipal Actions

These recommendations were identified to be the most important actions municipalities should take to improve and maintain water quality.

Ranking Recommendation Shorthand Recommendation

1

Lead by example by implementing Best Management Practices (BMPs)/Green Stormwater Infrastructure (GSI) projects in parks and other municipal-owned properties with high visibility, and supplement with educational signage and outreach.

Lead by example (with BMPs/GSI)

3

Enact municipal stormwater fees (without creating a new stormwater authority) to pay for water quality BMP projects.

Municipal stormwater fee

5

Create locally-funded open space programs that prioritize land protection for water quality purposes.

Ballot initiatives to preserve open space

9

In places where there is not a stormwater fee, create an incentive program that encourages property owners to reduce impervious surfaces and install Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) elements.

Incentive program that encourages property owners

20

Establish a municipal or regional stormwater authority to pay for stormwater projects.

Municipal or regional stormwater authority

21

Create official maps with proposed riparian buffer locations, and target properties for preservation in headwaters or other important natural areas.

Official maps

23

Fast-track municipal review for projects that include Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) elements.

Fast-track municipal review LID/GSI projects

25

Adopt and enforce septic ordinances that require proof of pumping out and/or other maintenance strategies once every 3 years (or, generally, on a regular basis).

Septic ordinances

35

Dedicate a portion of existing local taxes toward water quality restoration projects on an ongoing basis.

Dedicate existing local taxes

41

Use sheriff/tax delinquent sales as a way to acquire riparian or other sensitive lands at bargain prices.

Sheriff sales as a way to acquire riparian lands

47

Create a mitigation bank that private developers can utilize to meet municipal stormwater and water-quality related regulatory requirements.

Mitigation bank

48

Enact, especially in older communities with older sewer infrastructure, a lateral sewer line ordinance and inspection program. Add a surcharge on utility bills that goes into a local insurance fund to subsidize the cost of repairing collapsed laterals.

Surcharge on bills for local insurance fund to replace sewer lines

(not ranked)

Other: Create a municipal water supply plan.

Municipal water supply plan

(not ranked)

Other: Incentivize school districts (which are often a community’s largest landowner) to allow for and encourage stormwater management on their properties.

Incentivize school districts

(not ranked)

Other: Update existing local ordinances to eliminate the "grandfathering" of existing land disturbance, including existing impervious cover. All development or redevelopment should manage stormwater as if existing conditions were forest. Guidance and exceptions can be developed for areas of hardship, contamination, etc. Update local ordinances to require volume management (retention of 95 percentile event, or 1.25 inch water quality storm, etc.) with no discharge to surface waters.

Update local ordinances

Nonprofit Actions

Nonprofit organizations are very active in the Delaware River Watershed. Many nonprofits specialize in working with municipalities to protect and preserve natural resources. These recommendations reflect what nonprofits can do to help municipalities improve or maintain water quality.

Ranking Recommendation Shorthand Recommendation

6

Expand nonprofit environmental organizations’ work with municipalities and the general public to undertake citizen science projects, such as riparian buffer plantings and water quality monitoring, thus fostering engagement around water quality issues.

Citizen engagement

10

Increase programs that educate landowners, particularly those who live along waterways, about the value of riparian buffer restoration projects, proper land care, natural turf management, native species, etc. The education campaign could be customized to the landowners'; communities and include site tours.

Educate riparian landowners

12

Work with New Jersey League of Municipalities (NJLM), Pennsylvania State Association of Townships (PSATS), Pennsylvania State Association of Boroughs (PSAB), and similar membership organizations serving municipalities to train officials in conservation and water quality protection.

Work with traditional providers (NJLM, PSATS) to train officials

15

Expand nonprofit environmental organizations’ work with municipalities to undertake technical work such as sewer outfall mapping, monitoring effectiveness of minimum control measures (ex. rain garden), or maintaining improvements made by the municipality.

Undertake technical work

18

Encourage municipal officials to stop giving waivers, variances, and special exceptions for stormwater and other environmental protection regulations, or at least require payment into a restoration fund to counter the negative impacts of such regulatory relief through technical assistance and public pressure.

Educate municipal officials

32

Work with New Jersey League of Municipalities (NJLM), Pennsylvania State Association of Townships (PSATS), Pennsylvania State Association of Boroughs (PSAB), and similar membership organizations serving municipalities to place high-quality model ordinances on their websites.

Work with traditional providers (NJLM, PSATS) to post high-quality model ordinances

38

Identify a regional Delaware River Watershed organization to create and maintain an online collection of municipal outreach materials from all of the DRWI municipalities/clusters for all municipalities to access and use.

Collection of municipal outreach materials

42

Expand and build upon Penn State Extension's Master Watershed Steward Program and Rutgers' Water Quality Monitoring Environmental Stewards program in the Delaware River Watershed.

Expand PSU Master Watershed Steward Program and Rutgers' Water Quality Monitoring Stewards program

43

Further invest in Greentreks and similar organizations to create a program that partners municipalities with videographers and media professionals to create videos highlighting water quality success stories and programs to educate local elected officials.

Create videos

45

Develop a water quality education curriculum for elementary students and pilot the curriculum in a school or school district.

Water quality education curriculum for elementary students

(not ranked)

Other: Create stormwater/green infrastructure preliminary review checklists for municipal officials (planning, zoning board). Nonprofits create them and train municipalities how to use them.

Green infrastructure checklists

State Agency Actions

The Clean Water Act requirements are passed from the federal government to be implemented by state agencies. States then determine how to implement the requirements through state agencies. The recommendations below focus on the state agencies in New Jersey or Pennsylvania, but each state in the Delaware River watershed implements the Clean Water Act and delegates to municipalities or retains different responsibilities.

Ranking Recommendation Shorthand Recommendation

2

Create new state funding sources dedicated to matching municipal efforts that preserve land for water quality purposes.

Create new state funding sources

4

Integrate Low Impact Development (LID) standards in municipal stormwater regulations; this would help establish LID as a normative practice in municipal planning and zoning ordinances.

Integrate LID in municipal planning laws and SW regulations

7

Legislate minimum riparian buffer protection regulations for municipalities (ideally at least 100 feet for all streams and 300 feet for high quality and exceptional value streams) where they don't already exist.

Legislate minimum riparian buffer protection regulations

8

Provide more precise guidance and recommendations to municipalities on what they should be doing to implement MS4 Pollutant Reduction Plans (PRP) and Total Maximum Daily Loads (TMDLs).

Provide more precise guidance to municipalities

14

Keep stormwater BMP manuals and other guidance up-to-date by partnering with universities and other researchers to provide clearer information on the quantifiable impacts (amount of sediment removed, etc.) and costs of different types of water quality BMPs.

Keep stormwater BMP manuals up-to-date

17

Facilitate municipalities to buy out repetitive loss properties at fair market prices and return them to open space.

Buy-out repetitive loss properties

24

Allow downstream municipalities to comply with water quality regulations and requirements by funding source water protection projects in upstream municipalities.

Downstream municipalities/source water protection projects upstream

27

Increase frequency and effectiveness of Department of Transportation Local Technical Assistance Program (LTAP) classes that educate road masters/public works crews about proper application of road salts.

LTAP Classes

28

Revise laws and regulations to address drinking water, wastewater, stormwater, and surface water quality as a single integrated system in order to resolve conflicts between competing internal rules and requirements.

Resolve conflicts between rules and regulations re: drinking water, wastewater, stormwater, surface water

30

Allow regional (as opposed to municipal) stormwater fees to address water quality issues.

Regional stormwater fees

34

Charge water bottling companies a water withdrawal fee, based on water usage and water source, rather than a flat fee, and dedicate the funds to water resource protection.

Charge water bottling companies

37

Develop incentives and penalties to encourage or require municipal officials, planning commissions, and other relevant staff members to regularly participate in water quality training either as part of their existing training or through a new program.

Incentives/penalties for municipal officials and staff to participate in water quality training

39

Create a certification program for public works directors to conduct BMP stream repair/restoration projects on non-exceptional value/high quality streams, without needing to obtain permits from DEP.

Create a DPW certification program

44

Create watershed-based mitigation plans and banks that municipalities and their partners can use to meet water-quality related regulatory requirements within their watersheds.

Watershed-based mitigation plans and banks

46

Establish a dedicated fee to fund soil conservation districts to do restoration work with individual landowners.

Dedicated fee to fund soil conservation districts

Collaborative Actions

These are recommendations that could be undertaken by a collective of existing organizations or a new multi-partner entity.

Ranking Recommendation Shorthand Recommendation

11

Create a strike force, consisting of numerous nonprofit organizations with expertise in land use planning and ordinance writing, that monitors which municipalities are updating plans and ordinances and proactively reaches out to offer free technical assistance on water quality issues.

Strike force

13

Invest in existing organizations/alliances at the county level (such as the Berks County Water & Sewer Association) or sub-watershed level (such as the Cooks Creek Watershed Association) to provide training to municipal officials and undertake environmental education to the general public.

Invest in existing organizations/alliances at county and subwatershed level

16

Create, operate, and continually fund a legal defense team to assist municipalities who face legal challenges as the result of zoning changes or other ordinances or policies intended to protect water quality.

Legal defense team

19

Identify an existing Delaware River Watershed-wide organization to take on new responsibilities, such as monitoring municipal planning activities in order to provide timely and free technical assistance on water quality issues; and/or to provide water quality training to municipal officials and staff (which would be incentivized or required through state or nonprofit programs).

Identify Existing DRW-wide group to take on new responsibilities

22

Create a Watershed Academy: an academic or nonprofit center composed of trusted water quality experts and educators with public and private funding. Participation in the Academy would be required or incentivized by states and/or the Academy itself. The Watershed Academy will become a primary vehicle to: a) provide water quality training for municipal staff and elected officials; b) provide training on state-specific stormwater regulations for municipal planners and engineers; and c) conduct and synthesize research to establish scientific bases for ordinance standards.

Watershed academy

26

Expand upon or create programs that work with farmers to implement agricultural BMPs by matching farmers with appropriate technical assistance organizations or professionals.

Matching farmers with right TA providers

29

Establish or invest in an existing Delaware River Watershed-wide organization to regularly highlight best municipal practices by recognizing and celebrating great work through awards, events, and other activities.

Regularly highlight best practices through awards

31

Convene a team of water quality experts to prioritize where to get the biggest bang for the buck with Best Management Practices (BMPs) in the watershed, utilizing models such as SRAT or Wiki Watersheds.

Convene experts to determine biggest bang for BMP bucks

33

Develop a multi-million dollar messaging campaign that calls for clean water in the Delaware River Watershed.

Multi-million dollar messaging campaign

36

Create a third-party "Green Certification" for environmentally benign or environmentally beneficial lawn products (herbicides/pesticides) so that homeowners who want to do the right thing can buy and use the right products.

Green certification [for private sector companies/products]

40

Create a Circuit rider technical assistance program to help municipalities create and sustain water quality plans, projects, and programs.

Circuit rider

(not ranked)

Other: Develop a BMP tracking database (possible actors include: nonprofits, state agencies, conservation district)

BMP tracking database

(not ranked)

Other: Better training for municipal officials on the environmental and public health impacts of the decisions they make. They need more legal support because developers threaten to sue them if they enact ordinances or restrict development for environmental reasons, and municipalities want to avoid the extra legal costs of a suit. Training for zoning boards on why zoning and ordinances were passed so they can more objectively evaluate variance applications. Authority for environmental commissions to approve site plan applications and propose ordinances. Requirements for municipalities to have an environmental commission.

Better training of all municipal officials and citizen appointees that interact with land use ordinances

All Actions in Priority Order

Ranking Recommendation Shorthand Recommendation Section

1

Lead by example by implementing Best Management Practices (BMPs)/Green Stormwater Infrastructure (GSI) projects in parks and other municipal-owned properties with high visibility, and supplement with educational signage and outreach.

Lead by example (with BMPs/GSI)

Municipal

2

Create new state funding sources dedicated to matching municipal efforts that preserve land for water quality purposes.

Create new state funding sources

State

3

Enact municipal stormwater fees (without creating a new stormwater authority) to pay for water quality BMP projects.

Municipal stormwater fee

Municipal

4

Integrate Low Impact Development (LID) standards in municipal stormwater regulations; this would help establish LID as a normative practice in municipal planning and zoning ordinances.

Integrate LID in municipal planning laws and SW regulations

State

5

Create locally-funded open space programs that prioritize land protection for water quality purposes.

Ballot initiatives to preserve open space

Municipal

6

Expand nonprofit environmental organizations work with municipalities and the general public to undertake citizen science projects, such as riparian buffer plantings and water quality monitoring, thus fostering engagement around water quality issues.

Citizen engagement

Nonprofit

7

Legislate minimum riparian buffer protection regulations for municipalities (ideally at least 100 feet for all streams and 300 feet for high quality and exceptional value streams) where they don't already exist.

Legislate minimum riparian buffer protection regulations

State

8

Provide more precise guidance and recommendations to municipalities on what they should be doing to implement MS4 Pollutant Reduction Plans (PRP) and Total Maximum Daily Loads (TMDLs).

Provide more precise guidance to municipalities

State

9

In places where there is not a stormwater fee, create an incentive program that encourages property owners to reduce impervious surfaces and install Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) elements.

Incentive program that encourages property owners

Municipal

10

Increase programs that educate landowners, particularly those who live along waterways, about the value of riparian buffer restoration projects, proper land care, natural turf management, native species, etc. The education campaign could be customized to the landowners'; communities and include site tours.

Educate riparian landowners

Nonprofit

11

Create a strike force, consisting of numerous nonprofit organizations with expertise in land use planning and ordinance writing, that monitors which municipalities are updating plans and ordinances and proactively reaches out to offer free technical assistance on water quality issues.

Strike force

Collaborative

12

Work with New Jersey League of Municipalities (NJLM), Pennsylvania State Association of Townships (PSATS), Pennsylvania State Association of Boroughs (PSAB), and similar membership organizations serving municipalities to train officials in conservation and water quality protection.

Work with traditional providers (NJLM, PSATS) to train officials

Nonprofit

13

Invest in existing organizations/alliances at the county level (such as the Berks County Water & Sewer Association) or sub-watershed level (such as the Cooks Creek Watershed Association) to provide training to municipal officials and undertake environmental education to the general public.

Invest in existing organizations/alliances at county and subwatershed level

Collaborative

14

Keep stormwater BMP manuals and other guidance up-to-date by partnering with universities and other researchers to provide clearer information on the quantifiable impacts (amount of sediment removed, etc.) and costs of different types of water quality BMPs.

Keep stormwater BMP manuals up-to-date

State

15

Expand nonprofit environmental organizations'; work with municipalities to undertake technical work such as sewer outfall mapping, monitoring effectiveness of minimum control measures (ex. rain garden), or maintaining improvements made by the municipality.

Undertake Technical Work

Nonprofit

16

Create, operate, and continually fund a legal defense team to assist municipalities who face legal challenges as the result of zoning changes or other ordinances or policies intended to protect water quality.

Legal defense team

Collaborative

17

Facilitate municipalities to buy out repetitive loss properties at fair market prices and return them to open space.

Buy-out repetitive loss properties

State

18

Encourage municipal officials to stop giving waivers, variances, and special exceptions for stormwater and other environmental protection regulations, or at least require payment into a restoration fund to counter the negative impacts of such regulatory relief through technical assistance and public pressure.

Educate municipal officials

Nonprofit

19

Identify an existing Delaware River Watershed-wide organization to take on new responsibilities, such as monitoring municipal planning activities in order to provide timely and free technical assistance on water quality issues; and/or to provide water quality training to municipal officials and staff (which would be incentivized or required through state or nonprofit programs).

Identify Existing DRW-wide group to take on new responsibilities

Collaborative

20

Establish a municipal or regional stormwater authority to pay for stormwater projects.

Municipal or regional stormwater authority

Municipal

21

Create official maps with proposed riparian buffer locations, and target properties for preservation in headwaters or other important natural areas.

Official maps

Municipal

22

Create a Watershed Academy: an academic or nonprofit center composed of trusted water quality experts and educators with public and private funding. Participation in the Academy would be required or incentivized by states and/or the Academy itself. The Watershed Academy will become a primary vehicle to: a) provide water quality training for municipal staff and elected officials; b) provide training on state-specific stormwater regulations for municipal planners and engineers; and c) conduct and synthesize research to establish scientific bases for ordinance standards.

Watershed academy

Collaborative

23

Fast-track municipal review for projects that include Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) elements.

Fast-track municipal review LID/GSI projects

Municipal

24

Allow downstream municipalities to comply with water quality regulations and requirements by funding source water protection projects in upstream municipalities.

Downstream municipalities/source water protection projects upstream

State

25

Adopt and enforce septic ordinances that require proof of pumping out and/or other maintenance strategies once every 3 years (or, generally, on a regular basis).

Septic ordinances

Municipal

26

Expand upon or create programs that work with farmers to implement agricultural BMPs by matching farmers with appropriate technical assistance organizations or professionals.

Matching farmers with right TA providers

Collaborative

27

Increase frequency and effectiveness of Department of Transportation Local Technical Assistance Program (LTAP) classes that educate road masters/public works crews about proper application of road salts.

LTAP Classes

State

28

Revise laws and regulations to address drinking water, wastewater, stormwater and surface water quality as a single integrated system in order to resolve conflicts between competing internal rules and requirements.

Resolve conflicts between rules and regulations re: drinking water, wastewater, stormwater, surface water

State

29

Establish or invest in an existing Delaware River Watershed-wide organization to regularly highlight best municipal practices by recognizing and celebrating great work through awards, events, and other activities.

Regularly highlight best practices through awards

Collaborative

30

Allow regional (as opposed to municipal) stormwater fees to address water quality issues.

Regional stormwater fees

State

31

Convene a team of water quality experts to prioritize where to get the biggest bang for the buck with Best Management Practices (BMPs) in the watershed, utilizing models such as SRAT or Wiki Watersheds.

Convene Experts to determine biggest bang for BMP bucks

Collaborative

32

Work with New Jersey League of Municipalities (NJLM), Pennsylvania State Association of Townships (PSATS), Pennsylvania State Association of Boroughs (PSAB), and similar membership organizations serving municipalities to place high-quality model ordinances on their websites.

Work with traditional providers (NJLM, PSATS) to post high-quality model ordinances

Nonprofit

33

Develop a multi-million dollar messaging campaign that calls for clean water in the Delaware River Watershed.

Multi-Million dollar messaging campaign

Collaborative

34

Charge water bottling companies a water withdrawal fee, based on water usage and water source, rather than a flat fee, and dedicate the funds to water resource protection.

Charge water bottling companies

State

35

Dedicate a portion of existing local taxes toward water quality restoration projects on an ongoing basis.

Dedicate existing local taxes

Municipal

36

Create a third-party "Green Certification" for environmentally benign or environmentally beneficial lawn products (herbicides/pesticides) so that homeowners who want to do the right thing can buy and use the right products.

Green Certification [for private sector companies/products]

Collaborative

37

Develop incentives and penalties to encourage or require municipal officials, planning commissions, and other relevant staff members to regularly participate in water quality training either as part of their existing training or through a new program.

Incentives/penalties for municipal officials and staff to participate in water quality training

State

38

Identify a regional Delaware River Watershed organization to create and maintain an online collection of municipal outreach materials from all of the DRWI municipalities/clusters for all municipalities to access and use.

Collection of municipal outreach materials

Nonprofit

39

Create a certification program for public works directors to conduct BMP stream repair/restoration projects on non-exceptional value/high quality streams, without needing to obtain permits from DEP.

Create a DPW certification program

State

40

Create a Circuit rider technical assistance program to help municipalities create and sustain water quality plans, projects, and programs.

Circuit rider

Collaborative

41

Use sheriff/tax delinquent sales as a way to acquire riparian or other sensitive lands at bargain prices.

Sheriff sales as a way to acquire riparian lands

Municipal

42

Expand and build upon Penn State Extension's Master Watershed Steward Program and Rutgers' Water Quality Monitoring Environmental Stewards program in the Delaware River Watershed.

Expand PSU Master Watershed Steward Program and Rutgers' Water Quality Monitoring Stewards program

Nonprofit

43

Further invest in Greentreks and similar organizations to create a program that partners municipalities with videographers and media professionals to create videos highlighting water quality success stories and programs to educate local elected officials.

Create videos

Nonprofit

44

Create watershed-based mitigation plans and banks that municipalities and their partners can use to meet water-quality related regulatory requirements within their watersheds.

Watershed-based mitigation plans and banks

State

45

Develop a water quality education curriculum for elementary students and pilot the curriculum in a school or school district.

Water quality education curriculum for elementary students

Nonprofit

46

Establish a dedicated fee to fund soil conservation districts to do restoration work with individual landowners.

Dedicated fee to fund soil conservation districts

State

47

Create a mitigation bank that private developers can utilize to meet municipal stormwater and water-quality related regulatory requirements.

Mitigation Bank

Municipal

48

Enact, especially in older communities with older sewer infrastructure, a lateral sewer line ordinance and inspection program. Add a surcharge on utility bills that goes into a local insurance fund to subsidize the cost of repairing collapsed laterals.

Surcharge on bills for local insurance fund to replace sewer lines

Municipal

(not ranked)

Other: Develop a BMP tracking database (possible actors include: nonprofits, state agencies, conservation district)

BMP tracking database

Collaborative

(not ranked)

Other: Create a municipal water supply plan.

Municipal water supply plan

Municipal

(not ranked)

Other: Create stormwater/green infrastructure preliminary review checklists for municipal officials (planning, zoning board). Nonprofits create them and train municipalities how to use them.

Green infrastructure checklists

Nonprofit

(not ranked)

Other: Incentivize school districts (which are often a community’s largest landowner) to allow for and encourage stormwater management on their properties.

Incentivize school districts

Municipal

(not ranked)

Other: Update existing local ordinances to eliminate the "grandfathering" of existing land disturbance, including existing impervious cover. All development or redevelopment should manage stormwater as if existing conditions were forest. Guidance and exceptions can be developed for areas of hardship, contamination, etc. Update local ordinances to require volume management (retention of 95 percentile event, or 1.25 inch water quality storm, etc.) with no discharge to surface waters.

Update local ordinances

Municipal

(not ranked)

Other: Better training for municipal officials on the environmental and public health impacts of the decisions they make. They need more legal support because developers threaten to sue them if they enact ordinances or restrict development for environmental reasons, and municipalities want to avoid the extra legal costs of a suit. Training for zoning boards on why zoning and ordinances were passed so they can more objectively evaluate variance applications. Authority for environmental commissions to approve site plan applications and propose ordinances. Requirements for municipalities to have an environmental commission.

Better training of all municipal officials and citizen appointees that interact with land use ordinances

Collaborative