Borough of Rankin, PA
Allegheny County
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Table of Contents
Table of Contents

§ 23-101 General Provisions.

[Ord. 333, 4/11/1995, § 101]
1. 
Purpose. This Part is adopted and implemented to achieve the following general purposes and objectives:
A. 
To manage and control stormwater runoff resulting from land alteration and/or disturbance activities in accordance with the watershed stormwater management plans adopted pursuant to the Pennsylvania Storm Water Management Act, Act 167 of 1978, as amended.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
B. 
To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.
C. 
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
D. 
To provide for adequate maintenance of all permanent stormwater management structures in the municipality.
2. 
Applicability. The provisions of this Part shall apply to all subdivisions and land development activity within the Borough of Rankin.

§ 23-102 Definitions.

[Ord. 333, 4/11/1995, § 102]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ACT
The Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167; 32 P.S. § 680.1 et seq., as amended by Act of May 24, 1984, No. 63.
APPLICANT
A landowner or developer, including his/her heirs, successors, and/or assigns, who has filed an application for real property development.
CHANNEL
A perceptible natural or artificial waterway which periodically or continuously contains moving water or which forms a connecting link between two bodies of water and has a definite bed and banks which confine the water.
CONSERVATION DISTRICT
The Allegheny County Conservation District.
CULVERT
A closed conduit for the free passage of surface drainage under a highway, railroad, canal, or other embankment.
1. 
Engineering guidelines specifying construction details and materials.
2. 
Objectives, results, or limits which must be met by a facility, structure, or process in performance of its intended functions.
DESIGN STORM
See "storm frequency."
DESIGNATED WATERSHED
An area delineated by the Pennsylvania DEP and approved by the Environmental Quality Board for which counties are required to develop watershed stormwater management plans.
DETENTION
The slowing, dampening, or attenuating of runoff flows entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area in a detention basin or within the drainage system.
DETENTION POND
A pond or reservoir, usually small, constructed to impound or retard surface runoff temporarily.
DEVELOPER
The person or corporation, partnership, association, or other entity or any responsible person therein or agent therefor that undertakes the activities associated with changes in land use. Includes, but is not limited to, subdividers, owners, and builders even though the individuals involved in the successive stages of a project may vary.
DEVELOPMENT
Any activity, construction, alteration, change in land use or practice that affects stormwater runoff characteristics.
DISCHARGE
The flow or rate of flow from a canal, conduit, channel, or other hydraulic structure.
DRAINAGE
Generally, the removal of surface water from a given area; commonly applied to surface water and groundwater.
1. 
The area of a drainage basin or watershed, expressed in acres, square miles, or other unit of area. Also called catchment area, watershed, river basin.
2. 
The area served by a sewer system receiving storm and surface water, or by a watercourse.
ENCROACHMENT
Any structure or activity which in any manner changes, expands, or diminishes the course, current or cross-section of any watercourse, floodway, or body of water.
EROSION
Wearing away of the land by running water, winds, and waves.
EROSION CONTROL
The application of measures to reduce erosion of land surfaces.
GROUND COVER
Materials covering the ground surface.
GROUND WATER
Subsurface water occupying the saturation zone from which wells and springs are fed.
GROUND WATER RECHARGE
Replenishment of ground water naturally by precipitation or runoff, or artificially by spreading or injection.
IMPERVIOUS
Not allowing or allowing only with great difficulty the movement of water; impermeable.
1. 
The flow or movement of water through the interstices or pores of soil or other porous medium.
2. 
The absorption of liquid by the soil.
LAND DEVELOPMENT
Any of the following activities:
1. 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A. 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
B. 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
2. 
A subdivision of land.
LAND DISTURBANCE
Any activity involving the changing, grading, transporting, or filling of land, and/or any other activity which can reasonably be expected to cause land to be exposed to the danger of erosion.
MAINTENANCE
The upkeep necessary for efficient operation of physical properties.
MPC
Pennsylvania Municipalities Planning Code; 53 P.S. § 10101 et seq.
MUNICIPALITY
Rankin Borough.
NATURAL STORMWATER RUNOFF REGIME
A watershed where natural surface configurations, runoff characteristics, and defined drainage conveyances have attained equilibrium conditions.
1. 
The point, location or structure where drainage discharges from a sewer, drain, or other conduit.
2. 
The conduit leading to the ultimate discharge point.
OUTLET CONTROL STRUCTURE
The means of controlling the relationship between the headwater elevation and the discharge, placed at the outlet or downstream end of any structure through which water may flow.
PEAK FLOW
Maximum flow.
PENNSYLVANIA DEP
Pennsylvania Department of Environmental Protection.
PERFORMANCE STANDARD
A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving said result or outcome.
PROFESSIONAL ENGINEER
A registered professional engineer licensed to practice within the Commonwealth of Pennsylvania.
RELEASE RATE PERCENTAGE
The watershed factor determined by comparing the maximum rate of runoff from a subbasin to the contributing rate of runoff to the watershed peak rate at specific points of interest. Also, the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. Applies uniformly to all land development or alterations within a subarea.
RETENTION POND
A basin, usually enclosed by artificial dikes, that is used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
RETURN PERIOD
The average interval in years over which an event of a given magnitude can be expected to recur.
RUNOFF
That part of precipitation which flows over the land.
RUNOFF CHARACTERISTICS
The surface components of any watershed which affect the rate, amount, and direction of stormwater runoff. These may include, but are not limited to vegetation, soils, slopes, and man-made landscape alterations.
SCS
United States Department of Agriculture Soil Conservation Service.[1]
SEDIMENT
Mineral or organic solid material that is being transported from its site of origin by air, water, or ice, or mineral or organic solid material that is/has been transported from its site of origin by air, water, or ice and has come to rest.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving water, wind, or gravity.
SLOPE
Degree of deviation of a surface from the horizontal, usually expressed in degrees.
SMALL DEVELOPMENT
Any subdivision or land development which results or will result in the creation of 5,000 or less square feet of impervious area and one acre or less of any land cover change.
STORAGE FACILITY
See detention pond and retention pond.
STORM FREQUENCY
The average interval, in years, over which a storm event of a given precipitation volume can be expected to occur.
STORM SEWER
A sewer that carries intercepted surface runoff, street water, and other drainage but which excludes domestic sewage and industrial waste.
STORMWATER
That portion of precipitation which runs over the land.
STORMWATER COLLECTION SYSTEM
Natural or man-made structures that collect and transport stormwater through or from a drainage area to the point of final outlet including, but not limited to, any of the following: Conduits and appurtenant features, canals, channels, ditches, streams, culverts, streets, and pumping stations.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff adopted by Allegheny County as required by the Storm Water Management Act.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
WATERCOURSE
Any channel for conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
The entire region or area drained by a river or other body of water whether natural or artificial. See also, designated watershed.
WATERSHED STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff throughout a designated watershed adopted by Allegheny County as required by the Pennsylvania Storm Water Management Act.
[1]
Editor's Note: Now the Natural Resources Conservation Service.

§ 23-103 Stormwater Management Performance Standards.

[Ord. 333, 4/11/1995, § 103]
1. 
Stormwater Management Performance Districts.
A. 
For purposes of stormwater management, Rankin is divided into the following stormwater management districts:
(1) 
Monongahela River.
B. 
The location and boundaries of the watershed(s) and subareas are shown on the "Municipal Stormwater Management District Map," which is hereby adopted as part of this Part. The map is available for inspection at the Rankin Borough municipal offices during regular business hours.
2. 
General Standards.
A. 
The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout Rankin Borough.
(1) 
Any landowner and/or 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 to:
(a) 
Assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.
(b) 
Manage the quantity, velocity, and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
B. 
The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.
C. 
No discharge of toxic materials shall be permitted in any stormwater management system.
3. 
Watershed Standards: Monongahela River Stormwater Management Plan.
A. 
The stormwater performance standards contained in this Section are intended to implement the standards and criteria contained in the Monongahela River Stormwater Management Plan, adopted and approved in accordance with the Pennsylvania Storm Water Management Act. If there is any discrepancy between the provisions of this Section and the standards and criteria of the Plan, or if the watershed plan is subsequently amended, then the standards and criteria of the current Monongahela River Stormwater Management Plan shall govern.
B. 
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 SCS 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 in the watershed are as follows:
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 Table for Pennsylvania," PADEP, Office of Resource Management, Bureau of Dams and Waterways Management, Division of Stormwater Management, Harrisburg, PA February 1983.)
C. 
Calculation Methods.
(1) 
Development Sites. For the purpose of computing peak flow rates and runoff hydrographs from the development site, calculations shall be performed using one of the following methods: SCS publications; Technical Release (TR) 55 or 20; HEC 1; Penn State Runoff Model (PSRM); or Modified Rational Method).
(2) 
Stormwater Collection and Conveyance Facilities. For the purpose of designing storm sewers, open swales, and other stormwater runoff collection and conveyance facilities, the Rational method shall be applied. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.
(3) 
Pre-development Conditions. Pre-development conditions shall be assumed to be those which exist on any site at the time of adoption of the Monongahela River Stormwater Management Plan. 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 SCS runoff curve number (CN) shall be applied for all previous land uses within the respective range for each land use and hydrologic soil group.
(4) 
Routing of hydrographs through detention and/or 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 the municipality and the county.
D. 
Release Rate Percentage.
(1) 
A listing of the release rate percentage by subarea appears in Appendix A of this Part.[1] The subareas are delineated on the Municipal Stormwater Management District Map.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(2) 
Procedure for Use.
(a) 
Identify the specific subarea in which the development site is located from the watershed map and obtain the subarea release rate percentage from Appendix A.
(b) 
Compute the pre and post-development runoff hydrographs for each stormwater outfall on the development site using an 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 for stormwater runoff flowing from the development site. If the post-development peak runoff and the runoff volume are less than or equal to the pre-development peak runoff rate and volume, then additional stormwater control shall not be required at the outfall. If the post-development peak runoff rate and volume are greater than the pre-development peak runoff rate and volume, then stormwater detention will be required. The capacity of the detention facility shall be calculated multiplying the subarea release rate percentage by the pre-development rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the four prescribed storm events.
E. 
No Harm Evaluation.
(1) 
An applicant may seek to exceed the otherwise applicable subarea release rate percentage by performing a "no-harm evaluation." This evaluation requires an independent engineering analysis to demonstrate the other reasonable options exist to prevent the occurrence of increased stormwater runoff discharge rates and/or velocities or that measures can be provided to prevent increased stormwater discharge rates and/or velocities from increasing flood elevations and accelerating erosion at all downstream points in the watershed.
(2) 
A no-harm evaluation will be considered only in instances where the discharge to a stream channel from the development occurs directly to the Monongahela River, or through a properly sized and designed regional stormwater detention facility.
(3) 
The analysis for the no-harm evaluation shall be submitted to the municipal engineer and the Allegheny County Planning Department for review and approval.
(4) 
The no-harm evaluation shall be prepared by a registered professional engineer who is experienced in hydrology and hydraulics.
(5) 
For the no-harm evaluation the analysis shall be completed using the Penn State Runoff Model (PSRM) in the following manner:
(a) 
Develop the runoff hydrograph(s) for the design storms of the site and areas tributary to it using the PSRM for predevelopment conditions using the land use characterizations contained in the Monongahela River Watershed Stormwater Management Plan.
(b) 
Develop the post-development discharge hydrograph from the proposed site using the PSRM. If no management or controls are proposed, this would be equivalent to the runoff hydrograph under the post-development conditions. If some management or controls are proposed, then the runoff hydrograph under post-development conditions should be modified to reflect their effects on the rate, volume and timing of discharges.
(c) 
Subtract the runoff hydrograph ordinates under predevelopment conditions [Subsection 3E(1)] from the discharge hydrograph ordinates [Subsection 3E(5)(b)], maintaining the time scales of both hydrographs for one-to-one correspondence.
(d) 
Obtain the PSRM for the existing conditions for the Monongahela River Watershed from the county.
(e) 
Locate the subbasin(s) in which the proposed development is located and into which the discharge hydrograph enters. If more than one subbasin receives this incremental flow, divide the flow accordingly.
(f) 
Add the incremental increase computed in Subsection 3E(5)(c) to the runoff hydrograph of the subbasin(s) identified in Subsection 3E(5)(e).
(g) 
Route the adjusted runoff hydrograph through the Monongahela River Watershed PSRM and note any increase in peak flows which would occur in downstream subbasins. If no increase is noted, then the "no harm" has been demonstrated. If no increase is observed in peak flows, the increased potential for erosion and/or sedimentation in downstream channels resulting from any change in the flood hydrograph predicted by the model shall be evaluated. If no increased potential can be demonstrated by appropriated technical means, then the "no harm" exemption may be requested.
(h) 
If an increase in peak flow is observed in any of the downstream subbasins or increased potential for erosion and/or sedimentation is indicated, the "no-harm" exemption shall not be granted.

§ 23-104 Design Criteria for Stormwater Management Controls.

[Ord. 333, 4/11/1995, § 104]
1. 
General Criteria.
A. 
Applicants may select a runoff control technique, or a combination of techniques, which are most suitable to control stormwater runoff from the development site. All controls must be subject to approval of the municipal engineer. The municipal engineer may request specific information on design and/or operating features of the proposed stormwater controls in order to determine the features suitability and adequacy in terms of the standards of this Part.
B. 
The applicant shall 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 municipal engineer shall require in-depth studies by a professional geotechnical engineer. Not all stormwater control methods may be advisable or allowable at a particular site.
C. 
The stormwater management practices to be used in development a stormwater management plan for a particular site shall be selected according to the following order of preference:
(1) 
Infiltration of runoff on-site.
(2) 
Flow attenuation by use of open vegetated swales and natural depressions.
(3) 
Stormwater detention and/or 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, and said rejection shall be based on actual site conditions.
2. 
Criteria for Infiltration Systems. Infiltration systems shall be:
A. 
Sized and designed based upon local soil and ground water conditions.
B. 
Greater than three feet deep and shall be located at least 10 feet from basement walls.
C. 
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.
D. 
Infiltration systems may not receive runoff until the entire drainage area to the system has received final stabilization.
E. 
The stormwater infiltration facility design shall provide an overflow system with measures to provide a non-erosive velocity of flow along its length and at the outfall.
3. 
Criteria for Stormwater Detention Facilities.
A. 
If detention facilities are utilized for the development site, the facilities shall be designed such that post-development peak runoff rates from the developed site are controlled to those rates defined by the subarea release rate percentage for the two-, ten-, twenty-five-, and one-hundred-year storm frequencies.
B. 
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. Should any stormwater management facilities qualify as a dam under PADEP Chapter 105, the facility shall be designed in accordance with the regulations and meet the regulations concerning dam safety.
C. 
Shared-storage facilities which provide detention of runoff for more than one development site within a single subarea may be considered and are encouraged. Such facilities shall meet the criteria contained in this Section. In addition, runoff from the development sites involved shall be conveyed to the facility in a manner that avoids adverse impact such as flooding or erosion to channels and properties located between the development site and the shared-storage facilities.
D. 
Where detention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ballfields, or similar recreational or open space uses are encouraged wherever feasible, subject to the approval of the municipality and Pennsylvania DEP's Chapter 105 regulations.
E. 
Other considerations which shall be incorporated into the design of the detention facilities include:
(1) 
Inflow and outflow structures shall be designed and installed to prevent erosion. Bottoms of impoundment type structures should be protected from soil erosion.
(2) 
Control and removal of debris both in the storage structure and in all inlet or outlet devices shall be a design consideration.
(3) 
Inflow and outflow structures, pumping stations, and other structures shall be designed and protected to minimize safety hazards.
(4) 
The water depth at the perimeter of a storage pond shall 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, e.g., fences, walls, etc., may be necessary depending on the location of the facility.
(5) 
Side slope of storage ponds shall not exceed a ratio of 2 1/2 to 1 horizontal to vertical dimension.
(6) 
Landscaping, which harmonizes with the surrounding area, shall be provided for the facility.
(7) 
Facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.
4. 
Criteria for Collection or Conveyance Facilities.
A. 
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:
(1) 
All sites shall be graded to provide drainage away from and around the structure in order to prevent any potential flooding damage.
(2) 
Lots located on the high side of streets, shall extend roof and french drains to the curb line storm sewer, if applicable. Low side lots shall extend roof and french drains to a stormwater collection or conveyance or control system or natural watercourse in accordance with the approved stormwater management plan for the development site.
(3) 
Collection or 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.
(4) 
All collection or conveyance facilities shall be designed to convey the twenty-five-year storm peak flow from the contributing drainage area and to carry it to the nearest suitable outlet such as stormwater control facility, curbed street, storm sewer, or natural watercourse.
(5) 
Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.
B. 
Wherever storm sewers are proposed to be utilized, they shall comply with the following criteria:
(1) 
Where practical, designed to traverse under seeded and planted area. 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.
(2) 
Preferably installed after excavating and filling in the area to be traversed is completed, unless the drain is installed in the original ground with minimum of three feet cover and/or adequate protection during the fill construction.
(3) 
Designed:
(a) 
With cradle when traversing fill areas of indeterminate stability;
(b) 
With anchors when gradient exceeds 20%; and
(c) 
With encasement or special backfill requirements when traversing under a paved area.
(4) 
Designed to adequately handle the anticipated stormwater flow and be economical to construct and maintain.
(5) 
The minimum pipe size shall be 15 inches in diameter.
(6) 
Drain pipe, trenching, bedding, and backfilling requirements shall conform to the requirements of the municipality and/or applicable PennDOT specifications, Form 408.
(7) 
All corrugated metal pipe shall be polymer coated with asbestos bonding and paved inverts where prone to erode. Pipe within a municipal right-of-way shall be reinforced concrete pipe with a minimum diameter of 15 inches.
(8) 
Storm inlets and structures shall be designed to be adequate, safe, self cleaning, unobtrusive, and consistent with municipal standards.
(9) 
Appropriate grates shall be designed for all catch basins, stormwater inlets, and other entrance appurtenances.
(10) 
Manholes shall be designed so that the top shall be finished grade and sloped to conform to the slope of the finished grade. Top casting of structures located in roads or parking areas shall be machined or installed to preclude rattling.
(11) 
Where proposed storm 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.
(12) 
Storm sewer outfalls shall be equipped with energy dissipation devices to prevent erosion and conform with applicable requirements of the Pennsylvania DEP for stream encroachment. See Chapter 105 of the Pennsylvania DEP Rules and Regulations.
5. 
Criteria for Flow Attenuation Facilities.
A. 
If flow attenuation facilities are employed to assist in the control of peak rates of discharge, their effects must be quantified using the SCS Technical Release (TR) 55 Urban Hydrology for Small Watersheds or other approved method. The effects of the flow attenuation facilities on travel time should be reflected in the calculation.
B. 
Flow attenuation facilities such as swales and natural depressions should be properly graded to ensure positive drainage and avoid prolonged ponding of water.
C. 
Swales shall be properly vegetatively stabilized or otherwise lined to prevent erosion.
D. 
Swales shall be designed according to the recommendations contained in the Commonwealth of Pennsylvania Erosion and Sediment Pollution Control Program Manual.

§ 23-105 Erosion and Sedimentation Controls.

[Ord. 333, 4/11/1995, § 105]
1. 
An erosion and sedimentation plan shall be provided in accordance with the Pennsylvania Erosion and Sedimentation Regulations, 25 Pa. Code, Chapter 102, the standards and guidelines of the County Conservation District, and Rankin Borough ordinances (Floodplains [Chapter 8], Grading and Excavating [Chapter 9]).
2. 
Proposed erosion and sedimentation measures shall be submitted with the stormwater management plan as part of the preliminary and final applications.

§ 23-106 Maintenance of Stormwater Management Controls.

[Ord. 333, 4/11/1995, § 106]
1. 
Maintenance Responsibilities.
A. 
The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the municipal engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facilities.
B. 
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:
(1) 
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 municipality, stormwater control facilities shall also be dedicated to and maintained by the municipality.
(2) 
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 shall be the responsibility of the owner or private management entity.
C. 
The government body, upon recommendation of the municipal engineer, shall make the final determination for the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
2. 
Maintenance Agreement for Privately Owned Stormwater Facilities.
A. 
Prior to final approval of a site's stormwater management plan the property owner shall sign and record with the Borough Secretary a maintenance agreement covering all stormwater control facilities which are to be privately owned. Said agreement shall stipulate the following:
(1) 
The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities safe and attractive.
(2) 
The owner shall convey easements and rights of way to the municipality to assure access for periodic inspection and maintenance by the municipality if required.
(3) 
The owner shall keep on file with the municipality the name, 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 municipality within 10 days of the change.
(4) 
If the owner fails to maintain the stormwater control facilities, following timely notice by the municipality requesting correction of the problems, the municipality may perform the necessary maintenance work or corrective work, and the owner shall reimburse the municipality for all costs associated with the said maintenance and/or corrective work.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities.
C. 
The maintenance agreement shall be subject to the review and approval of the municipal solicitor and government.
3. 
Municipal Stormwater Maintenance Fund.
A. 
The municipality shall establish a Municipal Stormwater Maintenance Fund to help defray the costs of periodic inspections and maintenance.
B. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund. The amount of the deposit shall be determined as follows:
(1) 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the municipal engineer. After 10 years, inspections will be performed at the expense of the municipality.
(2) 
If the storage facility is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The municipal engineer shall establish the estimated costs utilizing information submitted by the applicant.
C. 
If a storage facility is proposed that also serves as a public recreation facility, e.g., ballfields, lakes, the municipality may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purposes.
D. 
If at some future time a storage facility, publicly or privately owned, is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund shall be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid shall be returned to the depositor.

§ 23-107 Stormwater Plan Requirements.

[Ord. 333, 4/11/1995, § 107]
1. 
General Requirements.
A. 
Except as provided below for small developments, final stormwater management plans for development sites shall include all of the information required by this Part.
B. 
No final subdivision or land development plan shall be approved, no permit authorizing construction shall be issued, and/or no earthmoving or land disturbance activity shall be initiated until the final stormwater management plan for the development site is approved in accordance with the provisions of this Part.
C. 
Plans shall include a list of all other permits required.
2. 
Exemptions for Small Development.
A. 
At the time of application the municipality shall determine if the subdivision or land development qualifies as a small development as defined in § 23-102 of this Chapter and, therefore, is eligible for a simplified stormwater plan submitted.
B. 
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 stormwater sewer system. The plan shall show accurate site boundaries, two-foot interval contours, locations of watershed and/or subarea 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 municipal engineer, alternative runoff computational techniques such as the Rational Method may be used where applicable. The municipality reserves the right to require that the plan be prepared by a registered professional engineer, surveyor, or landscape architect.
C. 
The municipal engineer shall review and approve the proposed provisions for stormwater management in accordance with the standards and requirements of this Part, including state and county standards requirements.
3. 
Final Development Stormwater Plan Requirements.
A. 
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 applicant and engineer, scale, north arrow, legend, and date of preparation.
B. 
Existing and Proposed Features. The plan shall show the following:
(1) 
Watershed Location. Provide a key map showing the location of the development site within the watershed and watershed subareas. On all site drawings, the boundaries of the watershed and subareas shall be shown as they are located on the development site. Watershed name and subareas numbers shall be identified on the map.
(2) 
Floodplain Boundaries. Identify one-hundred-year floodplains on the development site as appropriate based on the municipal Flood Insurance Study maps.
(3) 
Natural Features. Show all bodies of water, natural or artificial, watercourses, permanent and intermittent, swales, wetlands, and other natural drainage courses on the development, which are or will be affected by runoff from the development.
(4) 
Soils. Provide an overlay showing soil types and boundaries within the development site. Consult county, SCS, and U.S. Geological Survey for information.
(5) 
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.
(6) 
Land Cover. Show existing and final land cover classifications as necessary to support and illustrate the runoff calculations performed.
(7) 
Drainage Area Delineations. Show the boundaries of the drainage areas employed in the runoff calculations performed.
(8) 
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.
C. 
Professional Certification. The stormwater management plan, including all calculations, must be prepared and sealed by a registered professional engineer, surveyor, or landscape architect with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required by the municipality.
D. 
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 the methods and data prescribed by § 23-103 of this Part.
E. 
Stormwater Controls. All proposed stormwater runoff 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 municipal and County Conservation District requirements. The plan shall provide information on the exact type, location, sizing, design, and construction of all proposed facilities and relation to the existing watershed drainage system.
(1) 
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 state of development.
(2) 
A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.
(3) 
If appropriate, a justification shall be submitted as to why any preferred stormwater management techniques, as listed in § 23-103, are not proposed for use.
F. 
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 shall be identified. Any areas subject to special deed restrictions relative to or affecting stormwater management on the development site shall be shown on the plan.
G. 
Other Permits and/or Approvals. A list of any approvals and/or permits relative to stormwater management required from other governmental agencies, including DEP Chapters 105 and 106 permits, and anticipated dates of submission and receipt should be requested by the municipality where they may be helpful for the plan review.
H. 
Maintenance Program. The application shall contain a proposed maintenance plan for all stormwater control facilities in accordance with the following:
(1) 
Identify the proposed ownership entity, e.g., municipality, property owner, private corporation, homeowner's association, or other entity.
(2) 
Include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements, and estimated annual maintenance costs.
(3) 
Identify method of financing continuing operation and maintenance if the facility is to be owned by an entity other than the municipality or governmental agency.
(4) 
Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as required by this Part.
I. 
Financial Guarantee. The applicant shall submit financial guarantees in accordance with the provisions of this Part.

§ 23-108 Plan Review Procedures.

[Ord. 333, 4/11/1995, § 108]
1. 
Pre-Application Phase.
A. 
Before submitting the stormwater plan, applicants should consult with the municipality, County Planning Department, and County Conservation District concerning the requirements for safe management of the development site in a manner consistent with the municipal ordinances and applicable watershed stormwater management plan.
B. 
Applicants should submit a sketch plan with a narrative description of the proposed stormwater management controls for general guidance and discussion with the municipality and other agencies.
C. 
The pre-application phase is not mandatory. Any review comments provided by the municipality or other agencies are advisory only and do not constitute any legally binding action on the part of the municipality or any county agencies.
2. 
Stormwater Plan Reviews.
A. 
Submission of Plans. Stormwater plan applications shall be submitted with the preliminary and final subdivision or land development applications.
B. 
Notification of Affected Municipalities. The municipality 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 will be made available to the upstream and downstream municipalities upon request of the municipalities. Comments received from any affected municipality will be considered by the Rankin Borough Municipal Engineer and the Allegheny County agencies in their reviews of the plan.
C. 
County Planning Review.
(1) 
A copy of the stormwater plan along with all runoff calculations shall be forwarded to the Allegheny County Planning Department. A report of the findings shall be returned to the municipality within 30 days.
(2) 
If the Planning Department review identifies that the plan fails to comply with the watershed standards and criteria or that a possibility exists for harmful downstream impacts from the development site, the applicant shall be advised so that the necessary modifications can be made to the stormwater management controls for the development site. The municipal engineer shall not approve the development site's stormwater management plan until modifications are made, and the plan receives a positive review from the County Planning Department.
D. 
Municipal Engineer's Review. The municipal engineer shall approve or disapprove the stormwater management plan based on the requirements of the municipal ordinances, the standards and criteria of the watershed plan, and good engineering practice. The engineer shall submit a written report, along with all supporting documentation, stating his/her reason for approval or disapproval.
E. 
Status of the Engineer's Determination. The approval or disapproval of the site's stormwater management plan by the municipal engineer shall be considered final. The governing body shall not reverse the engineer's determination by approving or disapproving the site's stormwater management plan or any specific control measure in contradiction to the engineer's action. The governing body may request modifications or alternatives to the stormwater management controls, provided these are agreed to by the municipal engineer and the applicant's engineer.
F. 
Permits Required from Other Governmental Agencies. Where the proposed development requires an obstruction permit from the Pennsylvania DEP, an erosion or sedimentation permit from the County Conservation District or any other permit from any other agency, then the final stormwater management plan approval shall be conditioned upon receipt of such permits. However, no building permit shall be issued, nor construction started, until the permits are received an copies of the permits are filed with the municipality.

§ 23-109 Status of the Stormwater Plan After Final Approval.

[Ord. 333, 4/11/1995, § 109]
1. 
Upon final approval of the stormwater plan and receipt of all necessary permits, the applicant may commence to install or implement the approved stormwater management controls.
2. 
If site development or building construction does not begin within two years of the date of final approval of the stormwater management plan, then before development or construction the applicant shall resubmit the stormwater management plan to verify that no condition has changed within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two years or more, then the same requirement for resubmission of the stormwater management plan shall apply.

§ 23-110 Stormwater Plan Modifications.

[Ord. 333, 4/11/1995, § 110]
1. 
If the request for a plan modification is initiated before construction begins, then the stormwater plan must be resubmitted and reviewed according to the procedures contained in § 23-108 of this Part.
2. 
If the request for a plan modification is initiated after construction is underway, the municipal engineer shall have the authority to approve or disapprove the modification based on field inspections(s), provided: (a) the requested changes in stormwater controls do not result in any modifications to other approved municipal land use or development requirements, e.g., building setbacks, yards, etc.; and (b) the performance standards in § 23-103 are met. Notification of the engineer's action shall be sent to the governing body which may issue a stay of the plan modification within five days and require the permittee to resubmit the plan modification for full stormwater plan review in accordance with § 23-108 of this Part.

§ 23-111 Inspections of Stormwater Management Controls.

[Ord. 333, 4/11/1995, § 111]
1. 
The municipal engineer or a designated representative shall inspect, on a random basis, the construction of the temporary and permanent stormwater management system for the development site.
2. 
The permittee shall notify the Municipal Engineer 48 hours in advance of the expected completion of the following key development phases:
A. 
At the completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil, and construction of temporary stormwater management and erosion control facilities.
B. 
At the completion of rough grading but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers.
C. 
During construction of the permanent stormwater facilities at such times as specified by the municipal engineer.
D. 
Completion of permanent stormwater management facilities including established ground covers and plantings.
E. 
Completion of final grading, vegetative control measures, or other site restoration work done in accordance with the approved plan and permit.
3. 
No work shall commence on any subsequent phase until the preceding phase has been inspected and approved in writing.
4. 
If there are deficiencies in any phase, the municipal engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.
5. 
If during construction, the contractor or permittee identifies any site condition, such as subsurface drainage which could affect the feasibility of the approved stormwater facilities, he/she shall notify the municipal engineer within 24 hours of the discovery of such conditions and request a field inspection. The municipal engineer shall determine if the condition requires a stormwater plan modification.
6. 
In cases where stormwater facilities are to be installed in areas of landslide-prone soils or where other special site conditions exist, the municipality may require special precautions such as soil tests and core borings, full-time inspectors, and/or other similar measures. The permittee shall pay the costs of all such measures.
7. 
A final inspection shall be conducted by the Municipal Engineer or an authorized representative of the Borough to determine compliance with this Part.

§ 23-112 Financial Guarantees and Dedication of Public Improvements.

[Ord. 333, 4/11/1995, § 112]
1. 
Guarantee of Completion. A completion guarantee in the form of a bond, cash deposit, certified check, or other approved negotiable securities in an amount not less than 100% of the estimated cost of the proposed system, shall be filed by the applicant. The guarantee shall cover all streets, sanitary sewers, stormwater management facilities, water systems, fire hydrants, sidewalks, and other required improvements. The guarantee shall be in the amount and form prescribed by the MPC § 509.[1] No bond shall be required if another bond or other approved security is posted for construction and/or site improvements.
[1]
Editor's Note: See 53 P.S. § 10509.
2. 
Release of Completion Guarantee. The completion guarantee shall be returned or released upon written certification by the municipal engineer or a designated agent that the improvements and facilities have been installed and completed in accordance with the approved plan and specifications. The procedures for requesting and obtaining a release of the completion guarantee shall be in a manner prescribed by the MPC § 510.[2]
[2]
Editor's Note: See 53 P.S. § 10510.
3. 
Default of Completion Guarantee. If improvements are not installed in accordance with the approved final plan, the governing body may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the governing body may at its option install part of such improvements in all or part of the development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.
4. 
Dedication of Public Improvements.
A. 
When streets, sanitary sewers, stormwater management facilities, water lines, or other required improvements in the development have been completed in accordance with the final approved plan, such improvements shall be deemed private until such time as they have been offered for dedication to the municipality and accepted by separate ordinance or resolution of the municipality or until they have been condemned for use as a public facility.
B. 
Prior to acceptance of any improvements or facilities, the municipal engineer shall inspect it to ensure that it is constructed in accordance with the approved plan and is functioning properly. Stormwater control facilities must be free of sediment and debris prior to acceptance.
C. 
The owner shall submit as-built plans for all facilities proposed for dedication.
5. 
Maintenance Guarantee. Prior to acceptance of any improvements or facilities, the applicant shall provide a financial security to secure the structural integrity and functioning of the improvements. The security shall:
A. 
Be in the form of a bond, cash, certified check, or other negotiable securities acceptable to the municipality;
B. 
Be for a term of 18 months; and
C. 
Be in an amount equal to 15% of the actual costs of the improvements and facilities so dedicated.

§ 23-113 Fee Schedule.

[Ord. 333, 4/11/1995, § 113]
The governing body may adopt by resolution, from time to time, a reasonable schedule of fees to cover the cost of plan reviews, inspections, and other activities necessary to administer the provisions of this Part. All fees shall be set in accordance with the applicable provisions of the MPC, and any dispute over the fee schedule shall be resolved in the manner prescribed by the MPC.

§ 23-114 Enforcement Procedures and Remedies.

[Ord. 333, 4/11/1995, § 114; as amended by A.O.]
1. 
Right of Entry. Upon presentation of proper credentials, duly authorized representatives of the municipality may enter, at reasonable times, upon any property to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Part.
2. 
Notification. In the event that the applicant, developer, owner, or his/her agent fails to comply with the requirements of this Part or fails to conform to the requirements of any permit, a written notice of violation shall be issued. Such notification shall set forth the nature of the violation(s) and establish a time limit for the correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the municipality, the applicant, developer, owner, or his/her agent shall be subject to the enforcement remedies of this Part.
3. 
Preventive Remedies.
A. 
In addition to other remedies, the municipality may institute and maintain appropriate actions by law or in equity to restrain, correct, or abate a violation, to prevent unlawful construction, to recover damages, and to prevent illegal occupancy of a building premises.
B. 
In accordance with the MPC § 515.1,[1] the municipality may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this Part.
[1]
Editor's Note: See 53 P.S. § 10515.1.
4. 
Enforcement Remedies.
A. 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Part, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgment of not more than $600 plus all court costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by a 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 or each section of this Part which shall be found to have been violated shall constitute a separate violation.
B. 
If the violator neither pays the fine and court costs nor timely appeals the judgment, the municipality may enforce the judgment.
C. 
Each day that a violation continues shall constitute a separate violation unless the district justice further determines that there was a good faith basis for the person violating this Part to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the district justice's determination of a violation. Thereafter, each day that a violation continues shall constitute a separate violation.
D. 
All judgments, costs, and reasonable attorney fees collected for violations of this Part shall be paid over to the municipality.
E. 
The Court of Common Pleas of Allegheny County, upon petition, may grant an order of stay, upon cause shown, tolling the daily fine pending a final adjudication of the violation and judgment.
F. 
Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this Section.
5. 
Additional Remedies. In addition to the above remedies, the municipality may also seek remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto, including but not limited to the Storm Water Management Act, 32 P.S. §§ 693.1 through 693.27, and the Erosion and Sedimentation Regulations, 25 Pa. Code, Chapter 102. Any activity conducted in violation of this Part or any Pennsylvania-approved watershed stormwater management plan may be declared a public nuisance by the municipality and may be abatable as such.
6. 
Borough Lien. Fines, penalties, and costs mentioned above may be entered by the Municipality as a line against such property in accordance with existing provisions of law.
7. 
Existing Rights and Penalties Preserved. The collection of any penalty under the provisions of this Part shall not be construed in estopping the commonwealth, the county, the local municipality, or any aggrieved person from proceeding in courts of law or equity to abate nuisances under existing law or to restrain, as in law or in equity, a violation of this Part. It is hereby declared to be the purpose of this Part to provide additional and cumulative remedies to abate nuisances.

§ 23-115 Appeals.

[Ord. 333, 4/11/1995, § 115]
1. 
Any person aggrieved by any action or decision of the Municipal Engineer concerning the administration of the provisions of this Chapter 115, may appeal to the Borough of Rankin Borough Council. Such appeal must be filed, in writing, within 30 days after the decision or action of the Municipal Engineer.
2. 
Upon receipt of such appeal, the Borough of Rankin Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.
3. 
Any person aggrieved by any decision of the Borough of Rankin Council may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth.

§ 23-116 Liability Disclaimer.

[Ord. 333, 4/11/1995, § 116]
1. 
Damages. Neither the granting of any approval under the stormwater management provisions of this Part, nor the compliance with the provisions of this Part, or with any condition imposed by a municipal official hereunder, shall relieve any person from any responsibility for damages to persons or property.
2. 
Representation. The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee, or warranty of any kind by the municipality, or by an 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.

§ 23-117 Compatibility.

[Ord. 333, 4/11/1995, § 119]
Permits and approvals issued pursuant to this Part do not relieve the applicant of the responsibility to secure permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements concerning regulation of stormwater control are contained in the other code, rule, or ordinance, the more stringent regulations shall apply.