Borough of Manor, PA Stormwater Management

Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.

The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.

The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

For the purposes of this Part, the terms and words used herein shall be interpreted as follows:

ACCELERATED EROSION: The removal of the surface of the land through the combined action of human activities and the natural processes at a rate greater than would occur because of the natural process alone.

ACT: The Stormwater Management Act, Act of October 4, 1978, P. L. 864, No. 167, as amended by the Act of May 24, 1984, No. 63, 32 P.S. § 680.1 et seq.

APPLICANT: A landowner, developer or other person who has filed an application for development or for approval to engage in any regulated earth disturbance activity at a project site in the Borough.

BMP (BEST MANAGEMENT PRACTICE): Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this Part. BMPs include, but are not limited to, infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins.

BOROUGH: The Borough of Manor, Westmoreland County, Pennsylvania.

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. It has a definite bed and banks which confine the water.

CONSERVATION DISTRICT: The Westmoreland County Conservation District.

CULVERT: A closed conduit for the free passage of surface drainage under a highway, railroad, canal or other embankment.

DEP: The Pennsylvania Department of Environmental Protection.

DESIGN CRITERIA

Engineering guidelines specifying construction details and materials.

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."

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 constructed to impound or retard surface runoff temporarily.

DEVELOPER: A person that seeks to undertake or undertakes the activities associated with changes in land use or seeks to undertake or undertakes any regulated earth disturbance activities at a project site in the Borough. The term "developer" includes, but is not limited to, the term subdivider, owner and builder, even though the person involved in successive stages of a project may change or vary.

DEVELOPMENT: An "earth disturbance activity," as herein defined and any activity, construction, alteration, change in land use or practice that affects stormwater runoff characteristics. The term also includes redevelopment.

DEVELOPMENT SITE: The specific tract of land where any development or earth disturbance activities in the Borough are planned, conducted, undertaken or maintained.

DISCHARGE: The flow or rate of flow from a canal, conduit, channel or other hydraulic structure.

DRAINAGE: In general, the removal of surface water from a given area commonly applied to surface water and ground water.

DRAINAGE AREA

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").

The area served by a sewer system receiving storm and surface water, or by a watercourse.

EARTH DISTURBANCE ACTIVITY: A construction or other human activity which disturbs the surface of the land including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

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: The process by which land, including channels, is worn away by water, wind, or chemical action.

EROSION AND SEDIMENT CONTROL PLAN: A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation of land.

EROSION CONTROL: The application of measures to reduce erosion of land surfaces.

GROUND COVER: Materials and/or vegetation covering the ground surface.

GROUND WATER: Subsurface water occupying the saturation zone, from which wells and springs are fed.

GROUNDWATER RECHARGE: Replenishment of existing natural underground water supplies.

IMPERVIOUS SURFACE: A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.

INFILTRATION

The flow or movement of water through the interstices or pores of a soil or other porous medium.

The absorption of liquid by the soil.

LAND DEVELOPMENT: Any of the following activities:

LAND DISTURBANCE: Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.

MAINTENANCE: The upkeep necessary for efficient operation of physical properties.

MUNICIPALITIES PLANNING CODE: Act 247 of 1968, as amended by Act 170 of 1988, 53 P.S. § 10101 et seq.

NATURAL STORMWATER RUNOFF REGIME: A watershed where natural surface configurations, runoff characteristics and defined drainage conveyances have attained the conditions of equilibrium.

NPDES: National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

OUTFALL: "Point source" as described in 40 CFR 122.2 at the point where the Borough storm sewer system discharges to surface waters of the commonwealth. Also, the point, location or structure where drainage discharges from a sewer, drain or other conduit as well as the conduit leading to the ultimate discharge point.

OUTLET CONTROL STRUCTURE: The means of controlling the relationship between the head water 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 it.

PERSON: An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

POINT SOURCE: Any discernible, confined and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.

PROJECT SITE: The specific area of land where any development or regulated earth disturbance activities in the Borough are planned, conducted, undertaken or maintained.

REDEVELOPMENT: Earth disturbance activities on land which has previously been disturbed or developed.

REGULATED EARTH DISTURBANCE ACTIVITY: Earth disturbance activity of one acre or more with a point source discharge to surface waters or the Borough storm sewer system, or of five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. With regard to road maintenance activities the term only includes activities involving 25 acres or more or earth disturbance.

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.

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.

ROAD MAINTENANCE: Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

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: U.S. Department of Agriculture, Soil Conservation Service.

SEDIMENT: Mineral or organic solid material that is being transported or has been moved 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.

SEPARATE STORM SEWER SYSTEM: A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.

STATE WATER QUALITY REQUIREMENTS: As defined under state regulations protection of designated and existing uses (See 25 Pa. Code, Chapters 93 and 96) including:

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 excludes domestic sewage and industrial waste.

STORMWATER: The surface runoff generated by precipitation reaching the ground surface.

STORMWATER COLLECTION SYSTEMS: 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 as required by the Stormwater Management Act, 32 P.S. § 680.1 et seq.

SURFACE WATERS OF THE COMMONWEALTH: Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

SWALE: A low-lying stretch of land which gathers or carries surface water runoff.

WATERCOURSE: A channel or conveyance of surface water, such as a stream or creek, having 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. A "designated watershed" is 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.

WATERSHED STORMWATER MANAGEMENT PLAN: The plan for managing stormwater runoff throughout a designated watershed as required by the Pennsylvania Stormwater Management Act, 32 P.S. § 680.1 et seq.

§ 23-103 General Provisions.

[Ord. 486, 3/17/2004, § 103]

Findings. The Borough Council of the Borough finds that:

Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.

Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream-beds and stream-banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Borough and all the people of the commonwealth, their resources, and the environment.

Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).

Non-stormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the Borough.

Purpose. The purpose of this Part is to promote health, safety, and welfare within the Borough and its watershed by minimizing the harms and maximizing the benefits described in this section of this Part, through provisions designed to:

Manage stormwater runoff impacts at their source by regulating activities that cause the problems.

Provide review procedures and performance standards for stormwater planning and management.

Utilize and preserve the existing natural drainage systems as much as possible.

Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.

Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.

Maintain existing flows and quality of streams and watercourses.

Meet legal water quality requirements under state law, including regulations at 25 Pa. Code, Chapter 93.4a, to protect and maintain "existing uses" and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection" streams.

Prevent scour and erosion of streambanks and streambeds.

Provide for proper operations and maintenance of all permanent stormwater management BMPs that are implemented in the Borough.

Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.

Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the Borough's separate storm sewer system.

To provide for necessary and adequate maintenance of all permanent stormwater management facilities and structures in the Borough.

Applicability.

This Part applies to any development or regulated earth disturbance activities within the Borough, and all stormwater runoff entering into the Borough's separate storm sewer system from lands within the boundaries of the Borough.

Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This Part shall operate in coordination with those parallel requirements; the requirements of this Part shall be no less restrictive in meeting the purposes of this Part than state law.

Compatibility with Other Requirements.

Approvals issued and actions taken under this Part do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this Part imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this Part shall be followed.

Conflicting provisions in other Borough ordinances or regulations shall be construed to retain the requirements of this Part addressing state water quality requirements.

Prohibited Discharges.

[As amended by A.O.]

No person in the Borough shall introduce, permit or allow, or cause to introduce, permit or allow, stormwater discharges into the Borough separate storm sewer system which are not composed entirely of stormwater, except:

(1)

As permitted by this Part;

(2)

As provided in Subsection 5B below; and

(3)

Discharges as authorized under a state or federal permit.

Permissible discharges, based on a finding by the Borough that the discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth, are:

(1)

Discharges from firefighting activities.

(2)

Potable water sources including dechlorinated water line and fire hydrant flushings.

(3)

Irrigation drainage.

(4)

Routine external building washdown (which does not use detergents or other compounds).

(5)

Air conditioning condensate.

(6)

Water from individual residential car, boat or other residential vehicle washing that does not use detergents or other compounds.

(7)

Springs.

(8)

Water from crawl space pumps.

(9)

Uncontaminated water from foundation or from footing drains.

(10)

Flows from riparian habitats and wetlands.

(11)

Lawn watering.

(12)

Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.

(13)

Dechlorinated swimming pool discharges.

(14)

Uncontaminated groundwater.

In the event that the Borough determines that any of the discharges identified in Subsection 5B significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the Borough will notify landowner and/or the responsible person to cease the discharge.

Upon notice provided by the Borough under Subsection 5C, the discharger will have a reasonable time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.

Nothing in this section shall affect, limit or alleviate a discharger's responsibilities under state or federal law.

Prohibited Connections. The following sources, activities, connections are prohibited, except as provided in Subsection 5B above:

[As amended by A.O.]

Any drain or conveyance, whether on the surface or subsurface, which allows any non-storm water discharge, including but not limited to sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks.

Any drain or conveyance connected from a commercial, industrial or other nonresidential land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Borough.

Drains.

[As added by A.O.]

Unless approved by the Borough or otherwise authorized by law, drains carrying stormwater or groundwater shall discharge to approved infiltration areas or an approved stormwater management facility.

Unless approved by the Borough or otherwise authorized by law, drains carrying stormwater or groundwater shall not be connected to or discharge to streets or the Borough storm sewer system.

Drains carrying stormwater or groundwater shall not be connected to or discharge to any public or private sanitary sewer system or facility.

Liability Disclaimer.

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 any public body of the Borough or by a Borough official, employee or consultant hereunder, shall relieve any person from any responsibility for damage to person or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough for damages to persons or property.

The granting of a permit which includes any stormwater management not constitute a representation, guarantee or warranty of any kind by the Borough, 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.

§ 23-104 Stormwater Management Performance Standards.

[Ord. 486, 3/17/2004, § 104]

Stormwater Management Performance Districts. For purposes of stormwater management, the Borough is located in the following stormwater management districts:

General Standards.

The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout the Borough.

(1)

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.

(c)

Runoff treatment BMPs must be employed where necessary to ensure the water quality requirements are met.

The project plan shall specify permanent stormwater BMPs to be implemented, operated and maintained to meet legal water quality requirements.

In order to protect and maintain water quality, additional stormwater runoff created by the development project must be captured, stored and treated. In addition, post construction stormwater infiltration of runoff must replicate preconstruction infiltration of runoff to the maximum extent possible. As a minimum, this shall be a volume of additional runoff generated by a two-year, twenty-four-hour storm.

In addition to the provisions set forth in Subsections 2A through C, inclusive, as set forth above, all regulated earth disturbance activities within the Borough shall be designed, implemented, operated and maintained to meet the purposes of this Part, through these two elements:

(1)

Erosion and sediment control during the earth disturbance activities (e.g., during construction).

(2)

Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.

No regulated earth disturbance activities within the Borough shall commence until the requirements of this Part are met.

Erosion and sediment control during regulated earth disturbance activities shall be addressed as required by this Part.

Post-construction water quality protection shall be addressed as required by this Part. Operations and maintenance of permanent stormwater BMPs shall also be addressed as required by this Part.

All best management practices (BMPs) used to meet the requirements of this Part shall conform to the state water quality requirements, and any more stringent requirements as determined by the Borough.

Techniques described in Appendix 23-1-A, "Low Impact Development,"[1] of this Part are encouraged, because they reduce the costs of complying with the requirements of this Part and the state water quality requirements.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Watershed Standards; Brush Creek Stormwater Management District.

The stormwater performance standards in this Part are intended to implement the provisions, standards and criteria contained in the Pennsylvania Stormwater Management Act, 32 P.S. § 680.1 et seq. If there is any discrepancy between the provisions of this Part and the provisions, standards and criteria of the Act, or if a stormwater management plan is subsequently approved and adopted by the appropriate governmental agency or body, then the provisions, standards and criteria of the current watershed plan shall govern.

Prevention of stormwater runoff is key objective of 25 Pa. Code, Chapter 93, of the DEP Regulations, because runoff can change the physical, chemical and biological integrity of waterbodies thereby impacting water quality.

The project plan shall describe how these water quality protection requirements will be met. Infiltration BMPs shall be evaluated and utilized to the maximum extent possible to manage the net change in stormwater runoff generated so that post construction discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. These BMPs may be used to satisfy all or part of the requirements found elsewhere in this Part.

Post construction stormwater infiltration of runoff shall replicate preconstruction infiltration of runoff to the maximum extent possible. As a minimum, this shall be a volume of additional runoff generated by a two-year, twenty-four-hour storm.

§ 23-105 Design Criteria for Stormwater Management Controls.

[Ord. 486, 3/17/2004, § 105]

General Criteria.

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 must be subject to approval of the Borough Engineer. The 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 this Part.

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 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.

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:

(1)

Site planning for locating proposed buildings, impervious areas and grading which minimizes disruption of the natural site characteristics.

(2)

Minimization of impervious areas and promotion of retentive grading.

(3)

Implementation of innovative non-structural measures (see Appendix 23-1-A).[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

(4)

Infiltration of runoff on site.

(5)

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

(6)

Stormwater detention/retention structures.

Any BMP which is a dam, culvert, stream enclosure or outfall as defined in 25 Pa. Code, Chapter 105, shall be designed according to the requirements in those regulations.

Criteria for Stormwater Detention Facilities.

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 those rates defined by subarea release rate percentage for the two-, ten-, and twenty-five-year storm frequencies.

All detention facilities shall be equipped with outlet structures to provide discharge control for the three designated storm frequencies. Provision shall also be made to safely pass the post-development one-hundred-year storm without breaching or otherwise damaging the facilities.

No person shall install, create, modify, remove, fill, landscape or otherwise alter or place any structure, soil, rock, material or vegetation in or on, or otherwise adversely affect, any stormwater management facility or any area within a stormwater easement without the written approval of the Borough and/or approval of the commonwealth.

[As added by A.O.]

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 impacts (such as flooding or erosion) to channels and properties located between the development site and the shared storage facilities.

Where detention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ballfields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Borough.

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 and bottoms of impoundment type structures should be protected from soil erosion.

(2)

Control and removal of debris both in the storage structure and in an 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)

Access shall be restricted as specified by the provisions for fencing swimming pools as found in the Borough Zoning Ordinance [Chapter 27], and in appropriate instances such restriction of access shall include fencing in a minimum height of six feet.

(5)

Side slopes of storage ponds shall not exceed a ratio of two to one horizontal to vertical dimension. Steeper slopes may be approved by the Borough Engineer if documented to be stable by a geotechnical analysis.

(6)

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

(7)

Facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.

Criteria for Collection/Conveyance Facilities.

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 trench drains to the curb line storm sewer (if applicable). Low side lots shall extend roof and trench drains to a stormwater collection/conveyance/control system or natural watercourse in accordance with the approved stormwater management plan for the development site.

(3)

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.

(4)

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.

(5)

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

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 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.

(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 a 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%.

(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. The minimum pipe size shall be 15 inches in diameter.

(5)

Drain pipe, trenching, bedding and backfiring requirements shall conform to the requirements of the Borough and/or applicable PennDOT specifications, Form 408.

(6)

All corrugated metal pipe shall be polymer coated, and with 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.

(7)

Storm inlets and structures shall be designed to be adequate, safe, self-cleaning and unobtrusive and consistent with Borough standards.

(8)

Appropriate grates conforming to PennDOT specifications, Form 408 shall be used for all catch basins, stormwater inlets and other entrance appurtenances.

(9)

Manholes shall be designed so that the top shall be at a 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."

(10)

Where proposed sewer connects with an existing storm sewer system, the applicant shall demonstrate that sufficient capacity exists in the down-stream system to handle the additional flow.

(11)

Storm sewer out falls shall be equipped with energy dissipation devices to prevent erosion and conform with applicable requirements of the Pennsylvania DEP for stream encroachments (25 Pa. Code, Chapter 125).

§ 23-106 Erosion and Sedimentation Controls.

[Ord. 486, 3/17/2004, § 106]

No regulated earth disturbance activities within the Borough shall commence until approval by the Westmoreland County Conservation District and the Borough of an erosion and sediment control plan for construction activities.

Any earth disturbance activity of 5,000 square feet or more requires an erosion and sedimentation control plan under 25 Pa. Code § 102.4(b).

In addition, under 25 Pa. Code, Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities.

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Borough. The issuance of an NPDES construction permit (or permit coverage under the Statewide General Permit (PAG-2) may satisfy the requirements under Subsection 1 upon review and approval by the Borough.

A copy of the erosion and sediment control plan and any permit required by DEP or the Borough shall be available at the project site at all times.

§ 23-107 Operation and Maintenance of BMPs and Stormwater Management Controls.

[Ord. 486, 3/17/2004, § 107]

Operation and Maintenance Responsibilities.

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

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 principals:

(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 Borough, stormwater control facilities should also be dedicated to and maintained by the Borough.

(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 should be the responsibility of the owner or private management entity.

The Borough Council, upon recommendation of the Borough Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The Borough Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.

If the development site involves land located in more than one municipality, then the plan shall be reviewed to determine if all activities both within and without the Borough meets the requirements of this Part.

The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:

(1)

If a plan includes 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, stormwater BMPs may also be dedicated to and maintained by the Borough.

(2)

If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.

The Borough shall make the final determination on the continuing operations and maintenance responsibilities. The Borough reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.

Operations and Maintenance Agreement for Privately Owned Stormwater Facilities and BMPs.

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. The agreement shall stipulate that:

(1)

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

(2)

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

(3)

The owner shall keep on file with the Borough 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 Borough within 10 days of the change.

(4)

If the owner fails to maintain the stormwater control facilities following due notice by the Borough to correct the problem(s), the Borough may perform the necessary maintenance work or corrective work and the owner shall reimburse the Borough for all costs.

Other items may be included in the agreement where 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 the Borough Council and shall be in a form such as may be recorded in the Office of the Recorder of Deeds in the county in which the facility is located.

The property owner shall sign an operations and maintenance agreement with the Borough covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix 23-1-B of this chapter.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Borough.

Borough Stormwater and BMP Operation and Maintenance Fund.

Persons installing stormwater storage facilities shall be required to pay a specified amount to the Borough Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. 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 Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.

(2)

If the storage facility is to be owned and maintained by the Borough, 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.

(3)

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 Borough Council.

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

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 amount of the deposit remaining after costs of abandonment are paid will be returned to the depositor.

If stormwater BMPs are accepted by the Borough for dedication, the Borough may require persons installing stormwater BMPs to pay a specified amount to the Borough Stormwater BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(1)

If the BMP is to be owned and maintained by the Borough, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Borough.

(2)

The amount shall then be converted to present worth of the annual series values.

If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough may adjust the amount due accordingly.

§ 23-108 Stormwater and Water Quality Control Plan Requirements.

[Ord. 486, 3/17/2004, § 108]

General Requirements.

No development plan, subdivision plat or land development plan shall be approved, no permit authorizing construction or development issued, nor any earth disturbance activity subject to this Part shall be initiated or undertaken unless and until a stormwater management plan for such activity is reviewed and approved in accord with the provisions of this Part.

No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of a plan which demonstrates compliance with state water quality requirements after construction is complete.

The BMPs must be designed, implemented and maintained to meet state water quality requirements, and any other more stringent requirements as determined by the Borough.

To control post-construction stormwater impacts from regulated earth disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:

(1)

Infiltration. Replication of pre-construction stormwater infiltration conditions.

(2)

Treatment. Use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff.

(3)

Streambank and Streambed Protection. Management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).

BMPs must meet DEP regulations that require municipalities to ensure design, implementation and maintenance of best management practices ("BMPs") that control runoff from new development and redevelopment after regulated earth disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the Borough. The issuance of an NPDES construction permit (or permit coverage under the Statewide General Permit (PAG-2) may satisfy the requirements of Subsection 1A above, after review and approval by the Borough.

Stormwater Management Plan Contents.

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 name and address of applicant and engineer, scale, north arrow, legend and date of preparation.

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(s) and watershed subarea(s). On all site drawings, show the boundaries of the watershed(s) and subarea(s) as they are located on the development site and identify watershed name(s) and subarea number(s).

(2)

Floodplain Boundaries. Identify one-hundred-year floodplains on the development site (as appropriate) based on the Borough 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 site, or which win 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.

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 Borough.

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 this Part.

Stormwater Controls. All proposed stormwater runoff control measures must be shown on the plan including methods for collecting, conveying and storing stormwater runoff onsite, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with applicable Borough and County Conservation District 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.

(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 stage 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 should be submitted as to why any preferred stormwater management techniques, as listed in this Part, are not proposed for use.

Easements, Rights of Way, Deed Restrictions. All existing and proposed easements for stormwater management facilities and controls for access, inspections, maintenance, repair, preservation and use shall be shown and, if required, dedicated to the entity, association or person required. The easement and the purpose for the same shall be set forth on the plan and the agreement required in the Part.

Other Permits/Approvals. A list of any approvals/permits relative to stormwater management that will be required from other governmental agencies (e.g., an obstructions permit from Pennsylvania DEP) and anticipated dates of submission/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the Borough where they may be helpful for the plan review.

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., Borough, 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 other than the Borough 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.

Financial Guarantees. Submit financial guarantees in accordance with the provisions of this Part.

Stormwater BMP Operations and Maintenance Plan Requirements.

No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of BMP operations and maintenance plan which describes how the permanent (i.e., post-construction) stormwater BMPs will be properly operated and maintained.

The following items shall be included in the BMP operations and maintenance plan:

(1)

Map(s) of the project area, in a form that meets the requirements for recording at the Office of the Recorder of Deeds of Westmoreland County, as follows: The preliminary plan shall be at a scale of either 50 feet to the inch or 100 feet to the inch. Maximum preliminary plan size shall be 36 inches by 48 inches. The final plan shall be at a scale of either 50 feet to the inch or 100 feet to the inch, and shall have a sheet size of 18 inches by 24 inches. The contents of the maps(s) shall include, but not be limited to:

(a)

Clear identification of the location and nature of permanent stormwater BMPs.

(b)

The location of the project site relative to highways, Borough boundaries or other identifiable landmarks.

(c)

Existing and final contours at intervals of two feet are required if the general slope of the site is less than 10%, and at vertical intervals of five feet if the general slope is equal to or greater than 10%.

(d)

Existing streams, lakes, ponds, or other bodies of water within the project site area.

(e)

Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved.

(f)

The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site.

(g)

Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added.

(h)

Proposed final structures, roads, paved areas, and buildings.

(i)

A fifteen-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.

(2)

A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance.

(3)

The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.

(4)

A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Borough.

§ 23-109 Plan Review Procedures.

[Ord. 486, 3/17/2004, § 109]

Preapplication Phase.

Before submitting the stormwater management plan, BMP's plan and erosion and sedimentation plan, applicants are urged to consult with the Borough, County Planning Department and County Conservation District on the requirements for safely managing the development site in a manner consistent with the Borough ordinances, applicable watershed stormwater management plan and federal and state requirements. These agencies may also be helpful in providing necessary data for the stormwater management plan, BMPs plan and erosion and sedimentation plan.

Applicants are encouraged to submit a sketch plan with a narrative description of the proposed stormwater management, BMPs and erosion and sedimentation controls for general guidance and discussion with the Borough and other agencies.

The pre-application phase is not mandatory; any review comments provided by the Borough or other agencies are advisory only and do not constitute any legally binding action on the part of the Borough or any county agency.

Stormwater Management Plan, BMPs Plan and Erosion and Sedimentation Control Plan Reviews.

Submission of Plans. Stormwater management plan, BMPs and erosion and sedimentation control plan applications shall be submitted with the preliminary and final subdivision/land development applications or if no subdivision or land development is involved, then with the application for development.

Notification of Affected Municipalities. The Borough 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 municipalities upon request. Comments received from any affected municipalities will be considered by the Borough Engineer and county agencies in their reviews.

Review by Borough Engineer and County Conservation District. Stormwater management plans, BMPs plan and erosion and sedimentation plans shall be reviewed by the Borough Engineer and County Conservation District. BMPs shall be shown on all stormwater management plans and erosion and sedimentation control plans, as applicable. At its discretion, the Borough and/or county may also engage other specialists in hydrology or hydraulics to assist with the stormwater management plan review. The Conservation District will review the plan for general compliance with the watershed plan standards and criteria and watershed-wide impacts and, where appropriate, may consult with adjacent counties for their comments. If the Conservation District's review identifies the improper application of the watershed standards and criteria or the possibility of harmful impacts downstream from the development site's proposed stormwater management system, the applicant and Borough Engineer will be notified so that the necessary modifications can be made to promote safe stormwater management.

Borough Engineer Review. The Borough Engineer shall approve or disapprove the stormwater management plan, BMPs plan or the erosion and sedimentation plan based on the requirements of the Borough ordinances, the standards and criteria of the watershed plan, applicable state and federal requirements and good engineering practice. The Borough Engineer shall submit a written report, along with supporting documentation, stating the reasons for approval or disapproval.

Status of the Engineer's Determination. The approval/disapproval of the site's stormwater management plan, BMPs plan or the erosion and sedimentation plan by the Borough Engineer shall be submitted to the Borough Council for final determination. The Engineer's determination approving or disapproving the site's stormwater management plan, BMPs plan or the erosion and sedimentation plan shall be deemed approved by Borough Council unless a majority comprised of at least two-thirds of the members casting votes reject said determination. In the event that a determination of the Borough Engineer is rejected by Borough Council, the Borough Engineer shall submit modifications or alternative approaches to the stormwater management plan, BMPs plan or the erosion and sedimentation plan for resubmission to Council.

Permits Required From Other Governmental Agencies. Where the proposed development requires a permit from the Pennsylvania DEP or an erosion/sedimentation permit from the County Conservation District, then final stormwater management plan, BMPs plan or erosion and sedimentation plan approval shall be conditional upon receipt of such permits. However, no building permit shall be issued, nor construction or development started, until the permits are received and copies filed with the Borough.

§ 23-110 Status of Stormwater Management Plan, BMPs Plan or Erosion and Sedimentation Plan After Approval.

[Ord. 486, 3/17/2004, § 110]

Upon final stormwater management plan, BMPs plan or erosion and sedimentation plan approval and receipt of all necessary permits, the applicant may commence to install or implement the approved stormwater management plan, BMPs plan or erosion and sedimentation plan controls.

If site development or building construction does not begin within two years of the date of final approval of the stormwater management plan, BMPs plan or erosion and sedimentation plan, then before doing so, the applicant shall re-submit the stormwater management plan, BMPs plan or erosion or sedimentation plan to verify that no condition has changed on the property, adjacent to the site or within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls, BMPs plan or erosion and sedimentation plan. Further, if for any reason development activities are suspended for two years or more, then the same requirement for re-submission of the stormwater management plan, BMPs plan or erosion and sedimentation plan shall apply.

§ 23-111 Stormwater Management Plan, BMPs Plan and Erosion and Sedimentation Plan.

[Ord. 486, 3/17/2004, § 111]

If the request for a plan modification is initiated before construction begins, the stormwater management plan, BMPs plan or erosion and sedimentation plan must be resubmitted and reviewed according to the procedures, contained in § 23-109, above.

If the request for a plan modification is initiated after construction is underway, the Borough Engineer shall have the authority to approve or disapprove the modification based on field inspection; provided:

The requested changes in stormwater, BMPs or erosion and sedimentation controls do not result in any modifications to other approved Borough land use/development requirements (e.g., building setbacks, yards, etc.).

The performance standards in this Part are met. Notification of the Engineer's action shall be sent to the Borough Council which may issue a stay of the plan modification within five days and require the permittee to re-submit the plan modification for full stormwater management plan, BMPs plan or erosion and sedimentation plan review in accordance with § 23-109, above.[1]

[1]

Editor's Note: Former Subsection 2.C, regarding removing permanent stormwater management control, which immediately followed this subsection, was repealed by A.O.

It shall be unlawful to, and no person shall, alter, replace, modify, landscape or remove, or otherwise adversely affect, any permanent stormwater management controls or facilities, BMP controls, or erosion and sedimentation controls or any area within a stormwater easement or dedicated or designated area for stormwater controls or facilities required by an approved stormwater management plan, BMP operations and maintenance plan or erosion and sedimentation plan, or to allow the property to remain in a condition which does not conform to an approved stormwater management plan, BMP operations and maintenance plan or erosion and sedimentation plan, unless an exception is granted in writing by the Borough and/or approval of the commonwealth.

[As added by A.O.]

§ 23-112 Inspection of Stormwater Management and Erosion and Sedimentation Controls.

[Ord. 486, 3/17/2004, § 112]

The Borough Engineer or a designated representative shall inspect the implementation, construction, condition, operation and maintenance of the temporary and permanent stormwater management system and erosion and sedimentation controls for the development site. The Borough or a designated representative shall have the right to temporarily locate on any BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling the discharge from such BMP. The permittee shall notify the Engineer 48 hours in advance of the completion of the following key development phases:

At the completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion and sedimentation control facilities.

At the completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.

During construction of the permanent stormwater facilities at such times as specified by the Borough Engineer.

Completion of permanent stormwater management facilities including established ground covers and plantings.

Completion of final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.

No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Borough Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.

If, during construction, the contractor or permittee identifies any site condition, such as subsurface soil conditions, alterations in surface or subsurface drainage, which could affect the feasibility of the approved stormwater facilities, or erosion and sedimentation controls he/she shall notify the Borough Engineer within 24 hours of the discovery of such condition and request a field inspection. The Borough Engineer shall determine if the condition requires a stormwater management plan, BMPs plan or erosion and sedimentation control plan modification.

In cases where stormwater facilities or erosion and sedimentation controls are to be installed in areas of landslide-prone soils or other special site conditions exist, the Borough may require special precautions such as soil tests and core borings, full-time inspectors and/or similar measures. All costs of any such measures shall be borne by the permittee.

§ 23-113 Financial Guarantees and Dedication of Public Improvements.

[Ord. 486, 3/17/2004, § 113]

Guarantee of Completion. A completion guarantee in the form of a bond, cash deposit, cashier's check or other negotiable securities acceptable to the Borough shall be filed with the Borough prior to final approval of any required plans. The guarantee shall cover any and all stormwater management facilities, BMPs, erosion and sedimentation controls and other required improvements and shall be in the amount and form identical to that required by the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Release of Completion Guarantee. The completion guarantee shall be returned or released upon written certification by the Borough Engineer or a designated agent that 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 Municipalities Planning Code, 53 P.S. § 10101 et seq.

Default of Completion Guarantee. If improvements are not installed in accordance with the approved final plans, the Borough Council may enforce any corporate bond or any 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 Borough Council 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 Borough purpose.

Dedication of Public Improvements.

When streets, sanitary sewers, stormwater management facilities, BMPs, erosion and sedimentation controls or other required improvements in the development have been completed in accordance with the final plans, 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 facility. The Borough shall be under no obligation to accept such facilities or controls unless and until the Borough so determines that it is in the best interest of the Borough to do so.

Prior to acceptance of any improvements or facilities, the Borough Engineer shall inspect the same to ensure that the same are constructed in accordance with the approved plans and is functioning properly.

The owner shall submit as-built plans for all facilities proposed for dedication.

Maintenance Guarantee. Prior to acceptance of any improvements or facilities, the applicant shall provide financial security to secure the structural integrity and functioning of the improvements. The security shall:

Be in the form of a bond, cash, cashier's check or other negotiable securities acceptable to the Borough.

Be for a term of 18 months.

Be in an amount equal to 15% of the actual cost of the improvements and facilities so dedicated.

§ 23-114 Fee Schedule.

[Ord. 486, 3/17/2004, § 114]

The Borough Council may adopt by resolution, from time to time, a reasonable schedule of fees to cover the cost of pre-submitted and pre-construction meetings, plan reviews, inspections and other activities necessary to administer, monitor and enforce the provisions of this Part. All fees shall be set in accordance with the applicable provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and any dispute over the fee amount shall be resolved in the manner prescribed by the Municipalities Planning Code.

§ 23-115 Enforcement Procedures and Remedies.

[Ord. 486, 3/17/2004, § 115; as amended by A.O.]

Right of Entry. Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property to investigate or ascertain the condition of the subject property in regard to an aspect regulated by this Part. Prohibitions and unreasonable delays in allowing the Borough access to a stormwater management facility pursuant to this Part is a violation of this Part. The failure of any person or entity to grant entry or to undertake any action which impedes or prevents entry is prohibited and constitutes a violation of this Part.

Enforcement Generally. 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 correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the Borough, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this Part. Such notice may require, without limitation, any or all of the following:

Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Borough may order compliance by written notice to the responsible person. Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting.

(2)

The elimination of prohibited connections or discharges.

(3)

Cessation of any violating discharges, practices, or operations.

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.

(5)

Payment of a fine to cover administrative and remediation costs.

(6)

The implementation of stormwater management measures or facilities.

(7)

Operation and maintenance of stormwater management measures and/or facilities.

(8)

Assessment and payment of any and all costs and expenses relative to corrective measures taken or to be taken and reasonable costs, expenses and attorney fees incurred by the Borough in and related to enforcement and collection proceedings.

Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Borough or designee and the expense thereof shall be charged to the violator.

Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part. All such penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all other remedies available in law or equity.

Preventative Remedies.

In addition to other remedies, the Borough 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 or premises.

In accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq., the Borough 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.

Violations and Penalties.

Any person who has violated or knowingly permitted the violation of the provisions of this Part or has refused, neglected or failed to perform any of the actions required pursuant to the notice set forth in Subsection 2A above, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense, and shall be sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, together with reasonable attorney fees; and, in default or failure of full and timely payment of such fine, costs and fees, to a term of imprisonment not to exceed 90 days or to a term of imprisonment to the extent permitted by law for the punishment of violations of summary offenses, whichever is less. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the magisterial district judge. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to applicable rules of civil procedure.

Each day that a violation continues shall constitute a separate violation unless the magisterial district judge 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 the violation; thereafter each day that a violation continues shall constitute a separate violation.

All judgments, costs and reasonable attorney fees collected for the violation of this Part shall be paid over to the Borough.

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

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

Each day that a violation of any provision of this Part shall constitute a separate violation and be deemed a public nuisance.

Additional Remedies. In addition to the above remedies, the Borough may also seek the remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto including, but not limited to, the Stormwater Management Act, 32 P.S. § 693.1 et seq., 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 Borough and abatable as such.