Putting aside its distaste for an “unfunded mandate,” while aware of professional land use professionals’ disappointment in the practical application of a fundamentally good idea, Richland Township has adopted an ordinance to manage its stormwater runoff within state regulations. The action was taken as a unanimous vote of the board of supervisors at their Sept. 12 public meeting.
The ordinance covers “meeting water quality requirements,” while noting a variety of other objectives, such as “controlling peak flows, minimizing impervious surfaces,” and “preserving the natural drainage systems to the extent possible.” Compliance issues addressed are especially related to “National Pollution Discharge Elimination System (NPDES) requirements,” as well as “certain requirements of the Municipal Separate Stormwater Sewer System (MS4) NPDES Phase II Stormwater Regulations,” which are administered by the state, and in particular addressing the the “requirements of the Tohickon (Creek) and Delaware River (North) Watershed Act 167 Stormwater Management Plans.”
The complete statement of the ordinance has been posted on the township website, via Board Docs and the Sept. 12 meeting agenda, and is followed by over 60 pages describing the details of the comprehensive program, primarily as provided by Mike Schwartz of the township engineering firm, Gilmore & Associates. The text includes notice of the (otherwise) effects of “inadequate management of accelerated stormwater runoff resulting from development and redevelopment.”
At their public board meetings, supervisors are fond of interrupting oral presentations by developers by asking if they “can take yes for an answer,” after they have provided, in writing, comprehensive answers to concerns raised by the township staff and their consulting professionals, often relating to stormwater management. When MS4 matters periodically come up, separately, the supervisors, echoing the sentiments of other municipalities in Upper Bucks, do not hide their displeasure at the “unfunded mandates.”
Richland supervisors have always managed to meet those mandates without raising taxes, but cannot avoid an effect on other budget priorities. Asked recently about the MS4 program, a leading local land use professional described it as fundamentally inspired, but lacking in effective procedural fulfillment.
At their public supervisors meeting last May, township officials announced that they will be using $405,000 from their $1.4 million share of the American Rescue Plan Act (ARPA) to fund pollution control projects in the Tohickon Creek and Unami Creek watersheds. Both projects are part of the township’s MS4 plan, and are designed to reduce sediment loads in waters of the creeks as they pass through the township, and before they eventually reach the Delaware River.
The 2021, $1.9 trillion federal ARPA included $350 billion in emergency funding for state, local, territorial, and tribal governments, a portion known as Corona Virus State and Local Fiscal Recovery Funds. Funding for municipalities had not been included in 2020 Covid-related federal relief.
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