The Borough shall require receipt of a complete plan, as specified in this chapter. Six copies of the stormwater management plan shall be submitted and distributed as follows:
The Borough Engineer shall review the stormwater management plan for consistency with this chapter. Any stormwater management plan found incomplete shall not be accepted for review and shall be returned to the applicant.
When required by regulation, the County Conservation District shall review and approve the erosion and sedimentation control plan for consistency with PA DEP's Chapter 102 regulations.
For activities regulated by this chapter, the Borough Engineer shall notify the applicant and the Borough whether the stormwater management plan is consistent with the chapter.
Should the stormwater management plan be determined to be consistent with the chapter, the Municipal Engineer shall forward an approval letter to the Municipal Secretary, who will then forward a copy to the applicant.
Should the stormwater management plan be determined to be inconsistent with the chapter, the Municipal Engineer shall forward a disapproval letter to the Municipal Secretary, who will then forward a copy to the applicant. The disapproval letter shall cite the reason(s) and specific chapter sections for the disapproval. Disapproval may be due to inadequate information to make a reasonable judgment as to compliance with the chapter. Any disapproved stormwater management plans may be revised by the applicant and resubmitted consistent with this chapter.
For regulated activities specified in Article II of this chapter, which require a building permit, the Municipal Engineer shall notify the Municipal Building Permit Officer, in writing, within a time frame consistent with the Municipal Building Code and/or Municipal Subdivision Ordinance, whether the stormwater management plan is consistent with this chapter and forward a copy of the approval/disapproval letter to the applicant. Any disapproved stormwater management plan may be revised by the applicant and resubmitted consistent with this chapter.
For regulated activities under this chapter that require an NPDES permit application, the applicant shall forward a copy of the Municipal Engineer's letter stating that the stormwater management plan is consistent with this chapter to the County Conservation District. The PA DEP and the County Conservation District may consider the Municipal Engineer's review comments in determining whether to issue a permit.
The Borough shall not grant preliminary or final approval to any subdivision or land development for regulated activities specified in Article II of this chapter if the stormwater management plan has been found to be inconsistent with this chapter, as determined by the Municipal Engineer. All required permits from PA DEP must be obtained prior to approval of any subdivision or land development.
No building permits shall be issued for any regulated activity specified in Article II of this chapter if the stormwater management plan has been found to be inconsistent with this chapter, as determined by the Municipal Engineer, or without considering the comments of the Municipal Engineer. All required permits from PA DEP must be obtained prior to issuance of a building permit.
The applicant shall be responsible for completing record drawings of all stormwater management facilities included in the approved stormwater management plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the Municipal Engineer for final approval. In no case shall the Borough approve the record drawings until the Borough receives a copy of an approved highway occupancy permit from the PennDOT district office, NPDES permit, and any other applicable permits or approvals, from PA DEP or the County Conservation District. The above permits and approvals must be based on the record drawings. The record drawings must include copies of all applicable permits and approvals.
The Borough's approval of a stormwater management plan shall be valid for a period not to exceed five years, commencing on the date that the Borough approves the stormwater management plan. If stormwater management facilities included in the approved stormwater management plan have not been constructed, or if constructed and record drawings of these facilities have not been approved, within this time period, then the Borough may consider the stormwater management plan disapproved and may revoke any and all permits. Stormwater management plans that are considered disapproved by the Borough shall be resubmitted in accordance with § 190-31 of this chapter.
A modification to a stormwater management plan under review by the Borough for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the stormwater management plan as determined by the Municipal Engineer, shall require a resubmission of a modified stormwater management plan consistent with this chapter and shall be subject to review as specified in Article VI of this chapter.
A modification to an approved stormwater management plan shall be submitted to the Borough, accompanied by the appropriate fees. The review shall be consistent with this chapter.
A disapproved stormwater management plan may be resubmitted, with the revisions addressing the Municipal Engineer's concerns documented in writing, and addressed to the Municipal Secretary in accordance with Article VI of this chapter and distributed accordingly, and shall be subject to review as specified in Article VI of this chapter. Any applicable municipal review and inspection fee must accompany a resubmission of a disapproved stormwater management plan.
Fees may be established from time to time by the Borough in accordance with applicable laws to defray plan review and construction inspection costs incurred by the Borough. All fees shall be paid by the applicant at the time of stormwater management plan submission.
Any fees established pursuant to this chapter may include, but not necessarily be limited to, any of the following:
The review of the stormwater management plan by the Borough, county (if applicable), Allegheny County Conservation District (if applicable) and the Borough Engineer.
The site inspections.
The inspection of stormwater management facilities and stormwater management improvements during construction.
The final inspection upon completion of the stormwater management facilities.
Any additional work required to enforce any permit provisions regulated by this chapter, correct violations, and assure proper completion of stipulated remedial actions.
No plan shall be approved unless the applicant deposits with the Borough Secretary a completion guarantee in the form of a bond, cash deposit, certified check or other negotiable securities, acceptable to the Borough, which covers all streets, sanitary sewers, stormwater management BMPs, water systems, fire hydrants, sidewalks and other required improvements. The guarantee shall:
Bonds, cash, checks or securities filed as a completion guarantee shall be returned or released upon written certification by the Borough Engineer or a designated agent that improvements and BMPs have been installed and completed in accordance with the standards and specifications and that the inspection fee has been paid. Such written certification shall be given by the Engineer within 30 days after installation and completion of improvements and BMPs.
If improvements are not installed and completed within two years of the date of recording for the subdivision plat or do not comply with the standards and specifications of this chapter, the Borough may proceed to complete the improvements and BMPs and use whatever proceeds from bonds, cash deposits, checks or securities as are required to meet the expense of completing such improvements.
When streets, sanitary sewers, storm drainage BMPs, waterlines or other required improvements in the subdivision or land development have been completed in accordance with this chapter and approved stormwater management plan for the development site, such improvements shall be deemed private until such time as they have been offered for dedication to the Borough and accepted by separate ordinance or resolution, or until they have been condemned for use as a public BMP. Prior to the acceptance of any improvement, the Borough Engineer shall inspect it to ensure that it is constructed in accordance with the approved plan and is functioning properly. In the case of any stormwater control BMP, it must be free of sediment and debris. In addition, the developer shall submit as-built plans of all BMPs proposed for dedication.
Prior to acceptance of any improvements of BMPs, the applicant shall provide to the Borough for a period of 18 months from the date of acceptance of the improvements and BMPs a financial security bond in the form of a bond, cash, certified check, or other negotiable securities, acceptable to the Borough, in an amount equal to 15% of the actual cost of the improvements and BMPs, in order to guarantee against any defect in material or installation of the improvements and BMPs.
Alteration of BMPs.
No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the written approval of the municipality.
No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement, which would limit or alter the functioning of the BMP, without the written approval of the municipality.