approved stormwater management plan, BMP operations and maintenance plan, unless an
exception is granted in writing by the municipality and/or approval is secured from all relevant
agencies of the Commonwealth.
§505. Inspection of Stormwater Management Facilities and BMPs.
- The municipality engineer or a designated representative shall inspect the
implementation, construction, condition, operation and maintenance of the temporary
and permanent stormwater management system and controls for the development site.
The municipality or a designated representative shall have the right to temporarily
locate on any BMP in the municipality such devices as are necessary to conduct
monitoring and/or sampling the discharge from such BMP.
- The permittee shall notify the Bolivar Borough Engineer and the WCD 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 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 storm water facilities and BMPs at such
times as specified by the municipality engineer.
- Completion of permanent stormwater management facilities and BMPs
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.
- The Municipality and/or WCD may conduct inspections during construction as it
- 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 municipality
engineer and/or WCD 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 municipality engineer and/or WCD within 24 hours of
the discovery of such condition and request a field inspection. The municipality
engineer and/or WCD shall determine if the condition requires a modification of the
stormwater management plan, BMPs plan or erosion and sedimentation control plan.
- 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
[Municipality] may require special precautions such as a geotechnical study, soil tests
and core borings, full-time inspectors and/or similar measures. All costs of any such
measures shall be borne by the permittee.
# 506 Record Drawings, Completion Certificate, and Final Inspection
The developer shall be responsible for providing record drawings of all stormwater
management facilities and BMPs as built and included in the approved Stormwater
Management Plan. The record drawings and an explanation of any discrepancies
with the construction plans shall be submitted to the Municipality and/or WCD.
The record drawing submission shall include a certification of completion signed by
a qualified professional verifying that all permanent stormwater management
facilities and BMPs have been constructed according to the approved plans and
specifications. The latitude and longitude coordinates for all permanent storm water
management facilities and BMPs must also be submitted, at the central location of
the BMPs. If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion certificate.
After receipt of the completion certification by the Municipality, the Municipality
and/or WCD may conduct a final inspection.
ARTICLE VI Operation and Maintenance of Stormwater Facilities and BMPs
§601. Operation and Maintenance Responsibilities.
The storm water management plan for the development site shall contain an operation
and maintenance plan prepared by the developer and approved by Bolivar Borough
and/or WCD. The operation and maintenance plan shall outline the responsible
party(ies) and required routine maintenance actions and schedules necessary to insure
proper operation of the stormwater control facility(s).
- The stormwater management plan for the development site shall establish
responsibilities for the continuing operation and maintenance (O&M) of all
stormwater facilities and BMPs, consistent with the following:
- 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 facilities and BMPs should also be dedicated to and
maintained by the municipality, except for those individual on-lot facilities and
BMPs for privately owned structures.
- If a development site is to be held in single ownership or if sewers and other public
improvements are to be privately owned, operated and maintained, then the
operation and maintenance of stormwater facilities and BMPs should be the
responsibility of the owner or private management entity.
- Person(s) responsible for operation and maintenance of stormwater facilities and
BMPs shall be named with contact information provided.
- The Bolivar Borough Council upon recommendation of the municipality Engineer,
shall make the final determination on the continuing maintenance responsibilities prior
to final approval of the storm water management plan. The Bolivar Borough Council
reserves the right to accept the ownership and operating responsibility for any or all
of the storm water management facilities and BMPs.
- If the development site involves land located in more than one municipality, then the
plan shall be reviewed by the municipality [and/or Conservation District] to determine if all activities both within and without the municipality meets the requirements of this Ordinance.
- Stormwater facilities and B1\.1Ps shall be inspected by the owner/responsible party
named in the O&M plan on a regular basis as determined by the municipality or as
approved in the O&M plan. Inspections may include photographs, written reports,
measured drawings as necessary to document conditions of the facility(s) and the
report shall be provided to the municipality as requested.
§602. Stormwater Facility and BMP Operations and Maintenance Plan
A No regulated development activities within the municipality will be considered complete until approval by the municipality ofBMP operations and maintenance plan which describes how the permanent (i.e., post-construction) stormwater facilities and B1\.1Ps will be properly operated and maintained.
- The following items shall be included in the B1\.1P operations and maintenance plan:
- 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, refer to the
http://www.wcdeeds.us/dts/. The contents of the maps(s) shall include, but not be
- Ownership and operation and maintenance responsibilities of stormwater
facilities and B1\.1Ps.
- Clear identification of the location and nature of permanent stormwater
facilities and B1\.1Ps.
- The location of the project site relative to highways, municipality
boundaries or other identifiable landmarks.
- Existing and final contours at intervals of2 feet are required if the general
slope of the site is less than 15 percent, and at vertical intervals of 5 feet
if the general slope is equal to or greater than 15 percent
- Existing streams, lakes, ponds; or other bodies of water within the project
- Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation to be
- The locations of all existing and proposed utilities, sanitary sewers, and
water lines within 50 feet of property lines of the project site.
- Proposed final changes to the land surface and vegetative cover, including
the type and amount of impervious area that would be added.
- Proposed final structures, roads, paved areas, and buildings.
- A I5-foot wide access easement around all stormwater facilities and
B1\.1Ps that would provide ingress to and egress from a public right-of-
- A description of how each permanent stormwater facilities and B1\.1Ps will be
operated and maintained, and the identity of the person(s) responsible for
operations and maintenance.
- 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.
- A statement, signed by the landowner, acknowledging that the stormwater facilities
and BMPs are fixtures that can be altered or removed only after approval by the
- Each stormwater facility and BMP shall be recorded with the County as permanent real
estate appurtenances, and as deed restrictions or conservation easements that run with the
land. Prior to final approval of the stormwater plan the property owner shall sign and
record an O&M agreement for those facilities and BMPs. Refer to Appendix B of this
- If the owner fails, refuses or neglects to maintain any stormwater facility and/or BMP, the
municipality reserves the right to conduct maintenance work and charge and assess the
owner any and all costs, expenses incurred and fees set by the municipality. The
municipality reserves the right to take enforcement actions for failure to perform required
O&M. Refer to article VII of this ordinance.
- A financial guarantee for timely installation and proper construction of stormwater
facilities and BMPs shall be as specified in Article VII of this ordinance.
§603. 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 facilities and
BMPs which are to be privately owned. The agreement (refer to Appendix B) shall
- The owner, successors and assigns shall maintain all facilities in accordance with
the approved maintenance schedule and shall keep all facilities in a safe and
functional manner and consistent with the surrounding natural area.
- The owner, successors and assigns shall convey to the municipality easements
and/or rights-of-way to assure access for periodic inspections by the municipality
and maintenance, if required.
- The owner, successors and assigns shall keep on file with the municipality the
name, address and telephone number of the person or company responsible for
maintenance activities; and in the event of a change, new information will be
submitted to the municipality within 10 days of the change.
- If the owner, successors and assigns fail to maintain the stormwater facilities and
BMPs following due notice by the municipality to correct the problem(s), the
municipality may perform the necessary maintenance work or corrective work and
the owner shall reimburse the municipality for all costs.
- Other items may be included in the agreement where determined necessary to
guarantee the satisfactory inspection and maintenance of all stormwater facilities and
BMPs for a  year period. The maintenance agreement shall be subject to the
review and approval of the municipality Solicitor and the Bolivar 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
municipality covering all stormwater facilities and BMPs that are to be privately
owned. The agreement shall be substantially the same as the agreement in the
Appendix of this Ordinance.
§604.[ [Municipality] Stormwater Facility and BMP Operation and Maintenance
- Persons installing stormwater facilities or BMPs shall be required to pay a specified
amount to the municipality stormwater facilities and BMPs fund to help defray costs
of periodic inspections and maintenance expenses. The amount of the deposit shall
be determined as follows:
1. If the storm water facilities and/or BMPs are 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 municipality Engineer. After that period oftime, inspections will be performed at the expense of
2. If the stormwater facilities and/or BMPs are to be accepted, owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The municipality 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 municipality engineer shall determine the present worth equivalents which shall be subject to the approval of the Council of the Bolivar Borough.
- If stormwater facilities and BMPs are proposed that also serves as a recreation
facility (e.g., ball field, lake), the municipality may reduce or waive the amount of
the maintenance fund deposit based upon the value of the land for public recreation
purposes, or the municipality may accept the maintenance fund deposit on behalf of
the agency managing the recreation resource and make said fees available to the
agency's maintenance department.
- If at some future time stormwater facilities and BMPs (whether publicly or privately
owned) are eliminated due to the installation of storm sewers or other storm water
facilities and BMPs, 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.
ARTICLE VII Fees, Financial Guarantees and Dedication of Public Improvements
§701. Guarantee of Completion.
A. A completion guarantee or financial security in the form of a bond, cash deposit,
cashier's check or other negotiable securities acceptable to the municipality shall provide for, and
secure to the municipality, the completion of any improvements which may be required on or
before the date fixed in the formal action of approval or accompanying agreement for completion
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