Borough of Baldwin, PA Article XIV Stormwater Plan Review Procedures

§ 142-57 Preapplication phase.

A. During the preapplication conference, applicants are encouraged to consult with the Borough Engineer, the Allegheny County Planning Department, and the county conservation district on the applicable regulations and techniques for safely managing stormwater runoff from the development site in a manner consistent with the Borough ordinances. These agencies may be helpful in providing the data that is necessary for preparing the stormwater management plan or the development site.

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

C. The preapplication phase is not mandatory, and any review comments provided by Borough or other agencies are advisory only and do not constitute any binding action on the part of the Borough or any other agency.

§ 142-58 Preliminary and final stormwater plan reviews.

A. Preliminary and final plans required. Stormwater management plans, in accordance with the requirements of this Part 2, will be submitted with the preliminary and final subdivision or land development plan application to the Borough Secretary, together with the appropriate fees.

B. Review by Borough Engineer and Conservation District. Preliminary and final stormwater management plans will be reviewed by the Borough Engineer.

C. Notification of affected municipalities. If, during the review of the proposed stormwater management plan, the Borough determines that properties in adjacent municipalities may be affected by the stormwater runoff and proposed management system for the site, the applicant will notify the affected municipality(ies) and provide an opportunity to submit comments as part of the preliminary or final plan reviews. Copies of the plans will be made available to the municipalities upon request. Comments received will be submitted to the Planning Commission and Borough Council.

D. Borough Engineer's review. The Borough Engineer shall provide a recommendation to approve or disapprove the preliminary and final stormwater management plan based on the requirements of the Borough's ordinances, the standards and criteria of the watershed plan and good engineering practice. The Engineer shall submit a written report, along with supporting documentation, to the Borough Planning Commission for its consideration as part of the overall subdivision or land development plan review. In the cases where the Borough will be responsible for the maintenance of the stormwater management facility, the Borough Engineer shall also prepare a recommended maintenance program for review and approval by Council.

E. Approval of stormwater plan required for subdivision and land development approval. No preliminary or final approval shall be granted for the overall subdivision or land development application until a stormwater management plan for the site has been approved.

F. Permits required from other governmental agencies. Where the subdivision or land development application requires a water obstruction or erosion/sedimentation permit, then final subdivision or land development plan approval shall be conditional upon receipt of such permits. However, no building permit shall be issued, or construction started, until the permits are received and copies filed with the Borough. Approval from Allegheny county conservation district or the Pennsylvania Department of Environmental Protection for Soil and Erosion is required prior to construction.

G. County planning review.

(1) The Borough shall forward 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 will be returned to the Borough within 30 days.

(2) If the Allegheny County Planning Department determines 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 will be advised so that proposed stormwater management controls can be modified. The Borough Engineer shall not recommend approval of the development site's stormwater management plan until it receives a positive review from the County Planning Department.

H. Status of the Engineer's determination. The recommendation of approval/disapproval of the site's stormwater management plan by the Borough Engineer shall be considered final. The governing body shall not reverse the engineer's determination by approval 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 alternative approaches to the stormwater management controls, provided that these are agreed to by the Borough Engineer and the applicant's engineer.

§ 142-59 Status of stormwater plan after final approval.

Upon recording of the final plat, the applicant may start to install or implement the approved stormwater management controls, subject to the provisions of the above. If site development or building construction does not begin within two years of the date of final approval of the subdivision or land development plan, then before doing so, the applicant shall resubmit the stormwater management plans 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. The terms of these subsequent reviews shall be subject to the provisions of this Part 2 and any amended additional ordinances subsequently passed.

§ 142-60 Stormwater plan modifications.

Procedures for approving plan modifications. Requests for modifications in the final approved stormwater management controls shall be submitted to the Borough Engineer as follows:

A. If the request is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the original procedures.

B. If the request is initiated after construction is underway, the Borough Engineer shall have the authority to approve or disapprove the modification, based on field inspection, provided that the request changes in stormwater controls do not result in any modifications to other approved borough land use/development requirements. The Borough Engineer shall maintain a record of all changes approved for the stormwater management controls and shall submit these to Borough Council with the final as-built plans for the development, prior to the acceptance of any improvements by the Borough and/or the release of any bond money for improvements being constructed. If no bond money was required, this information must be submitted prior to the Borough's final inspection of the plan is completed and approval is granted.