In 2004, the Omaha Planning Board and the Omaha City Council approved Omaha by Design’s recommendations for an Urban Design Element and amendments to the Land Use Element. The Land Use amendment seeks to protect the city’s natural features, and preserve and enhance environmental safety and quality.

The spirit and purpose of those recommendations have been extended beyond the City limits by the Papillion Creek Watershed Partnership.  The partnership includes Bellevue, Bennington, Boys and Girls Town, Elkhorn, Gretna, La Vista, Omaha, Papillion, Ralston, Douglas County, Sarpy County and the Papio-Missouri River Natural Resource District.

Background and Needs

The development of storm water management policies for the Papillion Creek Watershed was one of the goals of the Papillion Creek Watershed Partnership (Partnership) and it’s supporting member jurisdictions.  Such management policies are intended to assist the Partnership members in meeting storm water permit requirements and to address the “Green, Clean, and Safe” initiatives under the “Watershed by Design” theme that has been presented to the public in a series of six forums that began on November 17, 2004 and concluded on March 2, 2006.

Workgroup Formation

Early in the policy development process, a 16 member Policy Work Group and a 16 member Technical Work Group were formed to provide independent input and collaboration with each other and the Partnership. The membership of each committee varied and included local government representatives, planners, engineers, natural resource agencies, attorneys, and developers. Near the end of their meetings, a Finance Policy Subcommittee, that also included representatives of financial bonding companies, was formed to provide guidance to the Policy Work Group on specific financing details. 

Overview of Storm water Management Policies
Six storm water management policy issues were formulated, each having a “root” policy and a series of supporting sub-policies.  The root polices are noted below: 

• Storm Water Management Financing. 
A dedicated, sustainable funding mechanism shall be developed and implemented to meet capital and operation and maintenance obligations as a result of new storm water management regulations.  They will also implement “Watershed by Design” policies to accommodate new development and significant redevelopment within the Papillion Creek Watershed.  (Includes 3 sub-policies).

•  Peak Flow Reduction. 
Maintain or reduce storm water peak discharge during development and after full build-out land use conditions from that which existed under baseline land use conditions. (Includes 1 sub-policy).

•  Pollution Control. 
Reduce pollution from contributing sources, including but not limited to, agricultural activities and combined sewer overflows, such that waters of the Papillion Creek Watershed can meet applicable water quality standards and community-based goals, where feasible.  (Includes 4 sub-policies).

•  Landscape Preservation, Restoration, And Conservation         
Utilize landscape preservation, restoration, and conservation techniques to meet the multi-purpose objectives of enhanced aesthetics, quality of life, recreational and educational opportunities, pollutant reduction, and overall storm water management.  (Includes 5 sub-policies).

•  Erosion and Sediment Control and Other Best Management Policies (BMP)  
Promote uniform erosion and sediment control measures throughout the Papillion Creek Watershed, including the adoption of the Omaha Regional Storm Water Design Manual and by implementing
consistent rules for regulatory compliance pursuant to State and Federal requirements. 
(Includes 3 sub-policies).

• Floodplain Management. 
Participate in the FEMA National Flood Insurance Program, update FEMA floodplain mapping throughout the Papillion Creek Watershed, and enforce floodplain regulations to full build-out, base flood elevations.  (Includes 6 sub-policies)

It needs to be strongly emphasized that the policy groups and respective sub-policies should be adopted in their totality and not separately.  Each policy group has important supporting elements that are beneficial to one or more of the other policy groups.  The intended net outcome is to meet regulatory requirements and provide the underpinning necessary to meet the “Green, Clean, and Safe” initiatives and responsibly manage storm water quantity and quality within the Watershed.

Storm Water Financing

The development of Policy Group #1 Storm water Financing became a priority for the Policy Workgroup.  A framework for a storm water detention fee system was devised that included the development of a Watershed Drainage Plan and financing evaluation.  The following summarizes this framework for storm water financing:

• Development of a Watershed Drainage Plan for Douglas and Sarpy Counties consisting of 7 remaining multi-reservoir sites, 10 additional regional detention sites and 12 water quality basins with an estimated construction cost of $282.5 million.

• Collection of fees earmarked specifically for construction of regional detention structures and water quality basins.

• Two fee classifications:

1. Low-Density Residential Development.  Primarily single-family/duplexes; assessed on per dwelling unit or equivalent prorated average area of lot basis.
2. High-Density Development.  High density residential plus commercial and industrial; assessed on a per developed acre basis.

• Detention fees (private) account for approximately 1/3 of cost and paid to local zoning jurisdiction with building permit applications.

• Detention fees transferred to special Papio-Missouri River Natural Resource District (P-MRNRD) construction account via inter-local agreements.

• P-MRNRD (public) accounts for approximately 2/3 of cost needed.  The P-MRNRD will obtain necessary land rights and build detention structures using pooled accumulated funds.

• On approximately three (3)-year intervals, the Watershed Drainage Plan and Regional Storm Water Detention Fee framework, rates, and construction priority schedule shall be reviewed with respect to availability of needed funds and rate of development within the Watershed by the parties involved.  

• The P-MRNRD will seek general obligation bonding authority from the Nebraska Legislature to provide necessary construction scheduling flexibility.

• Financing may additionally require partnership agreements between P-MRNRD and developers/S&IDs at the detention sites on case-by-case basis.

• Estimated “pay-off” time period at 40+ years is reasonably close to estimated time for watershed platting build-out in Douglas and Sarpy Counties.

• Additional funding strategies are still needed to fund on-going operation and maintenance (O&M) after construction of regional detention.

Regional Detention Fee Basis 

The initial basis for a “Low-Density Residential” fee will be $500 per Dwelling Unit (D.U.).  Assuming 3.5 D.U. per developable acre, this is equivalent to $1,750 per developable acre.  “High-Density” classification is based on relative runoff contribution equal to 1.5 times the “Low Density Residential” fee, or $2,625 per developable acre. 

Based upon anticipated development needs, the estimated Regional Detention Fee revenue would be approximately $2.5 million per year over the next 40+ years in current dollars.  This would be matched by P-MRNRD funds of approximately $5.0 million per year.

Next Steps

All Partnership members need to:

• Adopt storm water management policies by the end of July 2006 to meet the common deadline in their respective Phase II storm water permits.

• Adopt the new Omaha Regional Storm Water Design Manual and begin implementation of the revised design standards and storm water management BMPs.

• Develop and adopt ordinances/regulations to implement the policies in a uniform and fair manner across the Watershed.

• Develop, adopt, and implement a more comprehensive Watershed Drainage Plan that is crucial to effective flood protection and water quality improvement in the Watershed.

• Implement the Regional Storm Water Detention Fee through ordinances/regulations and inter-local agreements.

• Develop and implement a dedicated and sustainable Storm Water O&M Fund.