Borough of West Mifflin, PA Article IX Stormwater Management

[Added 10-20-1998 by Ord. No. 1091]

§ 250-50 Purpose; applicability; liability.

A. Purpose. This article is adopted and implemented to achieve the following general purposes and objectives:

(1) To manage and control stormwater runoff resulting from land alteration and disturbance activities.

(2) To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.

(3) To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

(4) To provide for adequate maintenance of all permanent stormwater management structures in the Borough of West Mifflin.

B. Applicability. These provisions shall apply to all subdivisions and land developments which will affect stormwater runoff characteristics.

C. Liability disclaimer.

(1) Neither the granting of any approval under these stormwater management provisions, nor compliance with these provisions or with any condition imposed by a county or municipal official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough of West Mifflin for damages to persons or property.

(2) The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Borough of West Mifflin, or by any official or employee thereof, of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

§ 250-51 Performance standards.

A. General standards.

(1) The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated. Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:

(a) To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.

(b) To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

(2) The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.

(3) No discharge of toxic materials shall be permitted into any stormwater management system.

B. Specific standards.

(1) Storm frequencies. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five-, and one-hundred-year-storm frequencies. The NRCS twenty-four-hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre- and post-development conditions. The twenty-four-hour total rainfall for these storm frequencies are:

	Storm Frequency	Rainfall Depth (inches)
	2-year	2.50
	10-year	3.61
	25-year	4.31
	100-year	5.71

(For additional information or data on other storm return periods, consult the "Rainfall Duration Frequency Tables for Pennsylvania," produced by PennDEP, Office of Resource Management, Bureau of Dams and Waterways Management, Division of Stormwater Management, Harrisburg, February 1983.)

(2) Calculation methods.

(a) Development sites. For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: NRCS publications, Technical Release (TR) 55 or 20, HEC I, or Penn State Runoff Model.

(b) Stormwater collection/conveyance facilities. For the purpose of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above calculation methods or the Rational Method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.

(c) Predevelopment conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of filing an application for approval of a subdivision or land development. Hydrologic conditions for all areas with pervious cover (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in good condition, and the lowest recommended NRCS runoff curve number (CN) shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.

(d) Routing of hydrographs through detention/retention facilities for the purpose of designing those facilities shall be accomplished using the Modified-Puls Method or recognized reservoir routing method, subject to the approval of Council of the Borough of West Mifflin, after review and recommendation by the Planning Commission of the Borough of West Mifflin.

(3) Release rate percentage.

(a) Definition. The release rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land development or alterations. The release rate for all development sites in watersheds where watershed stormwater management plans have not been adopted shall be 100%.

(b) Procedure for use.

[1] Compute the pre- and post-development runoff hydrographs for each stormwater outfall on the development site using acceptable calculation method for the two-, ten-, twenty-five-, and one-hundred-year storms. Apply no on-site detention for stormwater management but include any techniques to minimize impervious surfaces and/or increase the time of concentration or stormwater runoff flowing from the development site. If the post-development peak runoff rate and the runoff volume are less than or equal to the predevelopment peak runoff rate and volume, then additional stormwater control shall not be required at that outfall. If the post-development peak runoff rate and volume are greater than the predevelopment peak runoff rate and volume, then stormwater detention will be required, and the capacity of the detention facility must be calculated in the manner prescribed below.

[2] Multiply the release rate percentage by the predevelopment rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the four prescribed storm events.

[3] Design the outlet control facilities and size the volume of the detention facility using the calculated post-development hydrograph and accepted hydrograph routing procedures in consideration of the maximum allowable release rate.

§ 250-52 Design criteria for stormwater management controls.

A. General criteria.

(1) Applicants may select runoff control techniques, or a combination of techniques, which are most suitable to control stormwater runoff from the development site. All controls shall be subject to approval of the Borough Building Department and Borough Engineer. The Building Department or Borough Engineer may request specific information on design and/or operating features of the proposed stormwater controls in order to determine their suitability and adequacy in terms of the standards of these provisions.

(2) The applicant should consider the effect of the proposed stormwater management techniques on any special soil conditions or geological hazards which may exist on the development site. In the event such conditions are identified on the site, the Building Department or Borough Engineer may require in-depth studies by a competent geotechnical engineer. Not all stormwater control methods may be advisable or allowable at a particular development site.

(3) The stormwater management practices to be used in developing a stormwater management plan for a particular site shall be selected according to the following order of preference:

(a) Infiltration of runoff on site.

(b) Flow attenuation by use of open vegetated swales and natural depressions.

(c) Stormwater detention/retention structures.

(4) Infiltration practices shall be used to the extent practicable to reduce volume increases and promote groundwater recharge. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each of the preferred practices based on actual site conditions.

B. Criteria for infiltration systems.

(1) Infiltration systems shall be sized and designed based upon local soil and groundwater conditions.

(2) Infiltration systems greater than three feet deep shall be located at least 10 feet from basement walls, where soil conditions permit; provided, however, where soil conditions do not permit or where the site is composed of fill, a hydraulic study shall be required.

(3) Infiltration systems shall not be used to handle runoff from commercial or industrial working or parking areas. This prohibition does not extend to roof areas which are demonstrated to be suitably protected from the effects of the commercial/industrial activities.

(4) Infiltration systems may not receive runoff until the entire drainage area to the system has received final stabilization.

(5) The stormwater infiltration facility design shall provide an overflow system with measures to provide a nonerosive velocity of flow along its length and at the outfall.

C. Criteria for stormwater detention facilities.

(1) If detention facilities are utilized for the development site, the facility(ies) shall be designed such that post-development peak runoff rates from the developed site are controlled to the predevelopment peak rate of runoff for the two-, ten-, twenty-five-, and one-hundred-year-storm frequencies.

(2) All detention facilities shall be equipped with outlet structures to provide discharge control for the four designated storm frequencies. Provisions shall also be made to safely pass. at minimum, the post-development one-hundred-year-storm runoff without breaching or otherwise damaging (i.e., impairing the continued function of) the facilities.

(3) Where detention facilities will be utilized, multiple use of facilities, such as wetlands, lakes, ball fields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Borough of West Mifflin and Pennsylvania Department of Environmental Protection Chapter 105 regulations.[1]

[1] Editor's Note: See 25 Pa. Code Chapter 105.

(4) Other considerations which should be incorporated into the design of the detention facilities include:

(a) Inflow and outflow structures shall be designed and installed to prevent erosion, and bottoms of impoundment-type structures should be protected from soil erosion.

(b) Control and removal of debris both in the storage structure and in all inlet or outlet devices shall be a design consideration.

(c) Inflow and outflow structures, pumping stations, and other structures shall be designed and protected to minimize safety hazards.

(d) The water depth at the perimeter of a storage pond should be limited to that which is safe for children. This is especially necessary if bank slopes are steep or if ponds are full and recirculating in dry periods. Restriction of access (fence, walls, etc.) may be necessary depending on the location of the facility.

(e) Side slope of storage ponds shall not exceed a ratio of 2.5:1 horizontal to vertical dimension.

(f) Landscaping shall be provided for the facility which harmonizes with the surrounding area.

(g) The facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.

D. Criteria for collection/conveyance facilities. (Note: Specific design and construction details required or recommended herein may be modified after consultation with the Borough Engineer in order to reflect Borough of West Mifflin's standard practices, local conditions and preferences.)

(1) All stormwater runoff collection or conveyance facilities, whether storm sewers or other open or closed channels, shall be designed in accordance with the following basic standards:

(a) All sites shall be graded to provide drainage away from and around the structure in order to prevent any potential flooding damage.

(b) Lots located on the high side of streets shall extend roof and french drains to the curbline storm sewer. Low side lots shall extend roof and french drains to a stormwater collection/conveyance/control system in accordance with the approved stormwater management plan for the development site.

(c) Collection/conveyance facilities should not be installed parallel and close to the top or bottom of a major embankment to avoid the possibility of failing or causing the embankment to fail. Collection sewers or line systems shall not be permitted or constructed in fill.

(d) All collection/conveyance facilities shall be designed to convey the twenty-five-year-storm peak flow rate from the contributing drainage area and to carry it to the nearest suitable outlet, such as a stormwater control facility, curbed street, storm sewer or natural watercourse.

(e) Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.

(2) Wherever storm sewers are proposed to be utilized, they shall comply with the following criteria:

(a) Where practical, designed to traverse under seeded and planted areas. If constructed within 10 feet of road paving, walks or other surfaced areas, drains shall have a narrow trench and maximum compaction of backfill to prevent settlement of the superimposed surface or development.

(b) Preferably installed after excavating and filling in the area to be traversed is completed, unless the drain is installed in the original ground with a minimum of three feet cover and/or adequate protection during the fill construction.

(c) Designed with cradle when traversing fill areas of indeterminate stability, with anchors when gradient exceeds 20%, and with encasement or special backfill requirements when traversing under a paved area.

(d) Designed to adequately handle the anticipated stormwater flow and be economical to construct and maintain. The minimum pipe size shall be 15 inches in diameter.

(e) Drain pipe, trenching, bedding and backfilling requirements shall conform to the requirements of the Borough of West Mifflin and/or applicable PennDOT Specifications, Form 408.

(f) All corrugated metal pipe shall be polymer coated and with asbestos bonding and paved inverts where prone to erode. Pipe within a Borough right-of-way shall be reinforced concrete pipe with a minimum diameter of 15 inches.

(g) Storm inlets and structures shall be designed to be adequate, safe, self-cleaning and unobtrusive and consistent with municipal standards.

(h) Appropriate grates shall be designed for all catch basins, stormwater inlets and other entrance appurtenances.

(i) Manholes shall be designed so that the top shall be at finished grade and sloped to conform to the slope of the finished grade. Top castings of structures located in roads or parking areas shall be machined or installed to preclude rattling.

(j) Where a proposed sewer connects with an existing storm sewer system, the applicant shall demonstrate that sufficient capacity exists in the downstream system to handle the additional flow.

(k) Storm sewer outfalls shall be equipped with energy-dissipation devices to prevent erosion and conform with applicable requirements of the Pennsylvania DEP for stream encroachments (Chapter 105 of Pennsylvania DEP rules and regulations).[2]

[2] Editor's Note: See 25 Pa. Code Chapter 105.

§ 250-53 Erosion and sedimentation control.

A. An erosion/sedimentation pollution control plan shall be provided in accordance with the Pennsylvania erosion/sedimentation regulations (25 Pa. Code Chapter 102), the standards and guidelines of the Allegheny County Conservation District and the Allegheny County Subdivision and Land Development Ordinance.

B. Proposed erosion/sedimentation control measures shall be submitted with the stormwater management plan as part of the preliminary and final applications.

§ 250-54 Maintenance of stormwater management facilities.

A. Maintenance responsibilities.

(1) The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Borough of West Mifflin after recommendation by the Borough Engineer and the Planning Commission. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).

(2) The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principles:

(a) If a development consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough of West Mifflin, the Council of the Borough of West Mifflin may also require the dedication of the stormwater control facilities to the Borough of West Mifflin.

(b) If a development site is to be maintained in single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities should be the responsibility of the owner or private management entity.

(3) The Council of the Borough of West Mifflin, after recommendation of the Borough Engineer and the Planning Commission, shall make the final determination on ownership of facilities and continuing maintenance responsibilities prior to final approval of the stormwater management plan.

B. Maintenance agreement for privately owned stormwater facilities.

(1) Prior to final approval of the site's stormwater management plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned or which are required by the Borough even if the stormwater control facilities will be dedicated to the Borough. The agreement shall stipulate that:

(a) The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.

(b) The owner shall convey to the Borough of West Mifflin easements and/or rights-of-way to assure access for periodic inspections by the Borough of West Mifflin and maintenance if required.

(c) The owner shall keep on file with the Borough of West Mifflin the name and/or address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the Borough of West Mifflin within 10 days of the change.

(d) If the owner fails to maintain the stormwater control facilities following due notice by the Borough of West Mifflin to correct the problem(s), the Borough of West Mifflin may perform the necessary maintenance work or corrective work, and the owner shall reimburse the Borough of West Mifflin for all costs. In the event that the maintenance or corrective work is in the nature of an emergency which must be done as quickly as possible to prevent injury to any person or property, then the Borough shall give such notice as is possible under the circumstances, and even no notice if the circumstances require immediate repair to the aforesaid facilities to prevent harm or injury to any person or property. All cost of such preventive or corrected work done by the Borough shall be reimbursed by the owner or developer or persons responsible for the care, maintenance and capital improvements to said facilities.

(2) Other items may be included in the agreement when determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Borough Solicitor and Council of the Borough of West Mifflin.

C. Municipal Stormwater Maintenance Fund.

(1) Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

(a) If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough of West Mifflin for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the prevailing fee at the time of inspection established for said inspections by the Borough of West Mifflin.

(b) If the storage facility is to be owned and maintained by the Borough of West Mifflin, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.

(c) The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents which shall be subject to the approval of the Council.[1]

[1] Editor's Note: The required deposit would be equal to an amount that, with interest, would generate sufficient income annually to pay the maintenance and inspection costs over 10 years. If the estimated maintenance and inspection cost is $500 per year, instead of requiring a deposit of $5,000 ($500 x 10 years), the deposit would be reduced to $3,690 with the present worth approach, assuming a 6% annual interest rate and that the funds would be reduced to zero at the end of 10 years.

(2) If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough of West Mifflin may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purposes.

(3) If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any fund deposit balance that may remain after applying the cost of abandoning the facility and connecting to the storm sewer system or other facility may be claimed by the depositor within 60 days from the date of notification by the Borough to the depositor. Notice by certified mail to the depositor's last known address of the amount remaining after deductions and his right to claim the refund shall be deemed sufficient notice. If the depositor makes no claim within the sixty-day claim period, then the remaining balance will be deposited into the general fund, and the depositor's claim is thereafter barred. However, if said fund balance is insufficient to cover the cost of abandoning the facility and connecting to the storm sewer system or other facility, then the developer and/or the fund depositor will have to pay the balance due.

§ 250-55 Plan requirements.

A. General requirements. No final subdivision/land development plan shall be approved, no permit authorizing construction issued, or any earthmoving, grading or land disturbance activity initiated until the final stormwater management plan for the development site is approved in accordance with these provisions.

B. Exemptions for small developments.

(1) At the time of application, the Building Department shall determine if the subdivision/land development qualifies as a small development and, therefore, is eligible for a simplified stormwater plan submission. For the purpose of these provisions, a "small development" is any subdivision or land development which results in (or will result in when fully constructed) the creation of 5,000 square feet or less of impervious area and one acre or less of any land cover change.

(2) Applications for small developments shall include a plan which describes the type and location of proposed on-site stormwater management techniques or the proposed connection to an existing storm sewer system. The plan should show accurately site boundaries, two-foot-interval contours, locations of watershed boundaries on the site (if applicable), and any watercourses, floodplains, or existing drainage facilities or structures located on the site. Contingent upon the approval of the Building Department and the Borough Engineer, alternative runoff computational techniques, such as the Rational Method, may be used where applicable. The Department reserves the right to require that the plan be prepared by a registered professional engineer, surveyor or landscape architect.

(3) The Building Department and the Borough Engineer shall review and approve the proposed provisions for stormwater management in accordance with the standards and requirements of this section.

C. Stormwater plan contents.

(1) General format. The stormwater plan shall be drawn to a scale of not less than one inch equals 200 feet. All sheets shall contain a title block with the name and address of the applicant and engineer, scale, North arrow, legend and date of preparation.

(2) Existing and proposed features. The plan shall show the following:

(a) Location. Provide a key map showing the location of the development site. On all site drawings, show the boundaries of watershed(s) located on the development site and identify watershed name(s).

(b) Floodplain boundaries. Identify one-hundred-year floodplains, if any, on the development site based on the Municipal Flood Insurance Study maps.

(c) Natural features. Show all bodies of water (natural or artificial), watercourses (permanent and intermittent), swales, wetlands and other natural drainagecourses on the development site, or which will be affected by runoff from the development.

(d) Soils. Provide an overlay showing soil types and boundaries within the development site. (Consult county, NRCS and United States Geological Survey for information.)

(e) Contours. Show existing and final contours at intervals of two feet; in areas with slopes greater than 15%, five-foot contour intervals may be used.

(f) Land cover. Show existing and final land cover classifications as necessary to support and illustrate the runoff calculations performed.

(g) Drainage area delineations. Show the boundaries of the drainage areas employed in the runoff calculations performed.

(h) Stormwater management controls. Show any existing stormwater management or drainage controls and/or structures, such as sanitary and storm sewers, swales, culverts, etc., which are located on the development site or which are located off site but will be affected by runoff from the development.

(3) Professional certification. The stormwater management plan (including all calculations) must be prepared and sealed by a registered professional with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required by the Building Department.

(4) Runoff calculations. Calculations for determining pre- and post-development discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using methods and data prescribed by § 250-51 of this chapter.

(5) Stormwater controls. All proposed stormwater runoff control measures must be shown on the plan, including methods for collecting, conveying and storing stormwater runoff on site, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with applicable requirements. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and relationship to the existing watershed drainage system.

(a) If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to manage stormwater runoff safely during each stage of development.

(b) A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.

(c) If appropriate, a justification should be submitted as to why any preferred stormwater management techniques, as listed in § 250-52, are not proposed for use.

(6) Easements; rights-of-way; deed restrictions. All existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities shall be shown, and the proposed owner identified. Show any areas subject to special deed restrictions relative to or affecting stormwater management on the development site.

(7) Other permits/approvals. A list of any approvals/permits related to stormwater management that will be required from other governmental agencies (including DEP Chapter 105 and 106 permits[1]) and anticipated dates of submission/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the Department where they may be helpful for the plan review.

[1] Editor's Note: See 25 Pa. Code Chapters 105 and 106.

(8) Maintenance program. The application shall contain a proposed maintenance plan for all stormwater control facilities in accordance with the following:

(a) Identify the proposed ownership entity (e.g., Borough of West Mifflin, property owner, private corporation, homeowners' association or any other type entity).

(b) Include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements and estimated annual maintenance costs.

(c) Identify method of financing continuing operation and maintenance if the facility is to be owned by other than the Borough of West Mifflin or other governmental agency.

(d) Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as required by these provisions.

(9) Financial guarantees. Financial guarantees shall be provided in accordance with the direction of the Borough of West Mifflin, which directions shall conform to Section 509 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10509).

§ 250-56 Plan review procedures.

A. Preapplication phase.

(1) Before submitting the stormwater plan, applicants are urged to consult with the Borough of West Mifflin, Allegheny County Planning Department and Allegheny County Conservation District on requirements for safely managing runoff from the development site in a manner consistent with municipal, county and state regulations. These agencies may also be helpful in providing necessary data for the stormwater management plan.

(2) Applicants are encouraged to submit a sketch plan with a narrative description of the proposed stormwater management controls for general guidance and discussion with the Building Department and the Planning Commission.

(3) The preapplication phase is not mandatory; any review comments provided by the Building Department or Planning Commission are advisory only and do not constitute any legally binding action on the part of the Borough of West Mifflin.

B. Stormwater plan review.

(1) Submission of plans. Stormwater plan applications shall be submitted to the Building Department and Planning Commission with the preliminary and final subdivision and development applications.

(2) Notification of affected municipalities. The Building Department shall notify municipalities upstream and downstream of the development site which may be affected by the stormwater runoff and proposed controls for the site. Copies of the plans shall be made available by the applicant to any municipality upon request. Comments received from any affected municipality will be considered by the Building Department and the Planning Commission in its review.

(3) Municipal review. Upon notification of a request for the plans by an affected municipality or by Allegheny County, a copy of the stormwater management plan, along with all runoff calculations, shall be forwarded by the applicant to the municipality which may be affected and to the Allegheny County Planning Department.

(a) The Borough Engineer shall review the stormwater management plan based on the requirements of any applicable Borough ordinances, state statute and federal law and the requirements of these provisions and good engineering practice.

(b) A report of the findings shall be returned to the Borough of West Mifflin Building Department.

(4) Planning Commission review and determination. The Planning Commission shall review the plan and shall make a recommendation to the Council of the Borough of West Mifflin as to the compliance of said plan with the provisions of this article, and any other applicable statute or laws, and, additionally, that the plan will not create any harmful impacts either downstream from the development or to adjacent land areas of the site.

§ 250-57 Preventive remedies; violations and penalties.

A. Preventive remedies.

(1) In addition to other remedies, the Borough may institute and maintain appropriate action in law or equity to restrain, correct or abate violations of any landowner or any other person engaged in the alteration or development of land which may affect stormwater characteristics which are not in compliance with the standards set forth herein.

(2) The Borough may refuse to issue or may revoke any permit to grade, develop, build or occupy or to issue any other permit necessary for further improvement or development until the violation of this article is corrected.

B. Enforcement remedies.

(1) Any person, partnership, corporation or entity who has violated the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay judgment of not more than $1,000, plus all court costs, including reasonable attorney fees, incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge specifically makes a finding of fact and determines that there was a good faith basis for the person, partnership, corporation or entity to have believed that there was no such violation, in which event it shall be deemed to have been a single violation until the fifth day following the date of determination of a violation by the Magisterial District Judge, and each day thereafter that the adjudicated violation continues shall constitute a separate violation for each subsequent day at a civil penalty of $1,000 per day.

(2) In addition to filing for judgment before the Magisterial District Judge, the Borough may file a complaint with the Court of Common Pleas to enter an injunction to prevent a violation of this article and to request the Court, in addition to the injunction, to impose any penalty or fine or judgment of $1,000 per day as the Court deems appropriate and to request that the Court also award costs and reasonable attorney fees.

(3) Nothing in this section shall be construed or interpreted to grant to any other person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.