"The above Table is only applicable for projects with earth disturbance less than 1 acre and that
have not had cumulative impacts, within 5 years preceding the permit application date, that are in
excess of the square foot limits.
§303. Exemption from performance standards.
The following regulated activities are specifically exempt from the Stormwater
Management Plan preparation and submission requirements articulated in this
1. Agricultural activity limited to plowing or tilling activities, for animal
concentrated (heavy) use areas provided the activities are performed
according to the requirements of Chapter 102, or Conservation Practices
being installed as part of the implementation of a Conservation Plan
written by an NRCS or SCS-certified planner. This exemption does not
include any other type of earth disturbance subject to NPDES permit
requirements such as earth disturbance equal to or greater than one (1) acre.
2. A high tunnel, if proof is provided that the high tunnel is exempt pursuant to the
provisions of Act 15 of 2018. Such an exemption does not exempt high
tunnels from other requirements applicable under Federal, State or municipal
3. Forest management and timber operations, provided the activities are
performed according to the requirements of Chapter 102.
- Resource extraction activities, provided they are done in accordance with
applicable P A DEP regulations.
- Roadway resurfacing and maintenance projects, which do not increase
impervious area, and underground infrastructure projects are exempt from the
provisions of this ordinance, provided the activities meet the requirements of
all other municipal, state and federal requirements,
- Domestic landscaping and/or vegetable gardening.
- Vol untary Green Infrastructure (GI) or the retrofit of storm water management
infrastructure as conversion to green infrastructure BMPs to correct existing
problems, that are solely intended to better manage runoff from existing
development, are not part of new development or redevelopment, and that do
not fall under the requirements of this or other development ordinances.
- Bolivar Borough may deny or revoke any exemption pursuant to this Section
at any time for any project that Bolivar Borough believes may pose a threat to public
health, safety, property or the environment.
§304. No-Harm Option
Applicants may request approval of a 'no-harm option' regarding stormwater management for
their project. 'No-harm option' requests must meet the following criteria deemed appropriate by
Bolivar Borough and in compliance with all Commonwealth laws and regulations:
- Project located near or adjacent to significantly larger body of water.
- Project able to discharge directly into existing flood control feature.
- Project of a small size <1,000 for urban, <3,000 square feet for suburban and rural] of new impervious surface or < 3,000 for urban, <5,000 square feet for suburban and rural of land use changes. Refer to the Regulated Development Activity Table in Article III this ordinance.
- Project will generate less than 0.5 cubic feet per second for the ten-year storm peak rate
increase as compared to pre-development peak rate
- Project is not part of a larger development being 'piecemealed' in order to avoid
storm water management regulations
- Project is not part of a larger development which has grown 'piecemeal' over the past
five years without SWM
- Project is a small percentage <5% of a much larger site and is incidental to the much
- Project is not located in a neighborhood, watershed, or location where known stormwater
problems exist, such as overland flooding like flooding of structures or roadways.
- Project does not discharge to a combined sewer
J. Project will not degrade water quality of the receiving stream. Refer to the
Westmoreland County Integrated Water Resources Plan www.westmorelandstormwater.org
for maps of impaired streams to determine if the project area is not within an impaired
stream corridor or provide documentation that further degradation will not occur.
To qualify for the 'no-harm' option, applicant may, at the request of the municipality, submit
calculations, drawings, and details showing that the project meets the above criteria. Projects
approved for the 'no-harm' option may be exempted from constructing all or some of the usual
stormwater management practices regularly required for similar projects.
To be approved, no-harm requests must be reviewed and approved by the Bolivar Borough
Engineer and by the WeD, but final approval rests with Bolivar Borough.
§305. Waivers / Modifications / Demonstrated Equivalency
- If Bolivar Borough, in conjunction with the municipality engineer, WCD, or DEP as
applicable, determines that any requirement under this Ordinance cannot be achieved for a
particular regulated activity, the municipality may, after an evaluation of alternatives,
approve measures other than those in this Ordinance, subject to this Section paragraphs B,
C and D and in compliance with all Commonwealth laws and regulations. The request for
a waiver, modification, or demonstrated equivalency shall originate with the Landowner,
shall be in writing, include a study of downstream effects, and accompany the Stormwater
Management Plan submission to the municipality. The request shall provide the facts on
which the request is based, the provision(s) of the Ordinance involved and the proposed
modification or demonstrated equivalency. The municipality engineer and WCD shall
review the request to determine if it meets the requirements of the Ordinance including this
Section, paragraphs B, C and D. If acceptable to the municipality and WCD and the
regulated stormwater activity involving earth disturbance is less than one (1) acre, the
municipality may grant the waiver or modification. If the regulated stormwater activity
involving earth disturbance is equal to or greater than one (1) acre, the plan will be subject
to the NPDES requirements ofDEP.
B. Waivers, modifications, or demonstrated equivalency of the requirements of this Ordinance may be approved by the municipality if enforcement will exact undue hardship because of unique physical circumstances or pre-existing site conditions peculiar to the land in question, provided that the modifications or demonstrated equivalency will not be contrary or detrimental to the public interest and shall achieve the intended outcome, and that the purpose of the Ordinance is preserved. Hardship must be due to such unique physical circumstances or pre-existing site conditions and not the circumstances or
conditions generally created by the provisions of the Stormwater Management Ordinance; and there is no possibility that the property can be developed in strict conformity with the provisions of the Stormwater Management Ordinance. Cost or financial burden shall not be considered a hardship. Hardship cannot have been created by the landowner or developer. Modification or demonstrated equivalency shall not substantially or permanently impair the appropriate use or development of adjacent
property(s) not under the Landowner's control. Modification or demonstrated equivalency may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of the Ordinance.
- No waiver, modification or demonstrated equivalency of any regulated stormwater
activity involving earth disturbance greater than or equal to one (1) acre may be granted
by the Municipality unless that action is approved in advance by the Department of
Environmental Protection (DEP) or the Westmoreland Conservation District (WCD).
- Applicants may request approval of a demonstrated equivalent storm water activity for their
project in lieu of performing traditional stormwater management. Demonstrated
equivalent stormwater activity requests will be evaluated by the municipal engineer and/or
the WCD] on a case-by-case basis. Prior approval of a demonstrated equivalent stormwater
activity on a site does not set a precedent for future approval of the same or other alternative
activities on any site. The approval of a demonstrated equivalent stormwater activity does
not excuse the applicant from following standard E&S and SWM practices as applicable
on the original site.
- Demonstrated equivalent storm water activities shall only be approved when the
following criteria are met:
- Traditional stormwater management activities on the site are precluded by
a particular site limitation, such as contaminated soil, steep slopes,
existing buildings/infrastructure, combined sewer;
- Construction of traditional stormwater management activities on the site
would require extra permits or lead to excessive permitting activities and
- The site in question does not already have a stormwater management
- The site in question is not already contributing to water quality problems
in the receiving stream.
- Approvable demonstrated equivalent stormwater activities may include the
- Restoration of an existing degraded wetland, stream channel, floodplain,
or riparian buffer, including daylighting of a stream.