Storm Water
Ordinance 1 of 2021
​​​​​​​Part 9

sequentially installed to manage storm water runoff safely during each stage of

  1. The effect of the project (in terms of runoff rate, volumes, and water quality) on
    surrounding properties and aquatic features and on any existing stormwater
    conveyance system that may be affected by the project
  2. If appropriate, the narrative should provide justification as to why any preferred
    storm water management techniques, such as LID and green infrastructure, as listed
    in this Ordinance
    , are not proposed for use. Refer to the P A DEP Stormwater B.MP
    Manual 2006 or most recent edition for list of acceptable management techniques.
  3. Operation and maintenance program and responsible party(s) for permanent
    stormwater facilit
    ies and B.MPs. Refer to Section VI of this ordinance.
  1. The stormwater management plan drawings shall be drawn to a scale of not less than 1
    inch equals 100 feet. A
    ll sheets shall contain a title block with name and address of
    applicant and designer, scale
    , north arrow, legend and date of preparation.

1. Existing and Proposed Features. The plan shall show the following:

  1. Watershed Location. Provide a key map (using USGS Topo maps)
    showing the location o
    f 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). Refer to
    Appendix A Watershed Performance District Maps
  2. Floodplain Boundaries. Identify 100-year floodplains on the development
    site (as approp
    riate) based on the municipality Flood Insurance Study
  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 will be
    affected by runoff from the development
  4. Soils. Provide an overlay showing soil types and boundaries within the
    development site (consult WCD
    , SCS and U.S. Geological Survey for
  5. Contours. Show existing and final contours at intervals of 2 feet; in areas
    with slopes greater than 15 percent, 5-foot contour intervals may be used.
  6. Land Cover. Show existing and final land cover classifications, including
    existing and proposed improvements, as necessary to support and
    illustrate the runoff calculations performed.
  7. Drainage Area Delineations. Show the boundaries of the drainage areas
    and points of interest employed in the runoff calculations performed
  8. Utilities and easements. Show any existing utilities, stormwater
    management or drainage controls and/or structures, such as sanitary
    sewers, water
    , gas, electric, telecommunications, storm sewers, swales,
    culverts, and any easements, which are located on the development site,
    or which are off site but may be affected by runoff from the development

2. Proposed Stormwater Facilities and BlvfPs. 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 Bolivar Borough and WCD. 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 included in the narrative and shown
    on the si
    te plan.
  3. Operation and maintenance program and responsible p arty (s) for
    permanent stormwater BMPs. Refer to Section VI of this ordinance.
  1. Easements, Rights of Way, Deed Restrictions. BMPS and stormwater management
    facilities that provide control fo
    r more than one lot shall be located on a separate
    dedicated lot or in an easement. All existing and proposed easements for any BMPs
    and stormwater management
    facilities and controls for access, inspections,
    , repair, preservation and use shall be shown on the plan 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 in the agreement required
    by the Ordinance

    #  403. Other Permits/Approvals.

A list of any approvals/permits relative to storm water management that will be required from other
governmental agencies (e
.g., Chapter 102 Erosion and Sedimentation Control, PennDOT HOP,
Chapter 105 Water Obstruction and Encroachment Permit from P A DEP) and anticipated dates of
submission/receipt should be included with the storm water plan submission. Copies of permit
applications may be requested by the [Municipal
ity] where they may be helpful for the plan review.

      §404.               Operation and Maintenance Plan.

The application shall contain a proposed operation and maintenance plan (O&M) for all
stormwater control facilities in accordance with the following and as described in Article VI of
this ordinance:

  1. Identify the responsible party and their responsibilities as described in Article VI Section
    601 (e
    .g., municipality, property owner, private corporation, homeowner's association or
    other entity)
  2. Include an operation and maintenance plan for all stormwater facilities, outlining the
    routine maintenance actions and schedules necessary to ensure proper operation of the
    storm water control facilities as described in Article VI Section 602.
  3. Submit any legal agreements required to implement the maintenance program and copies
    of the maintenance agreement as required by this Ordinance. Refer to Article VI Section

  1. Identify method of financing continuing operation and maintenance if the facility is to be
    owned by other Boliva
    r Borough or governmental agency. Refer to Article VI Section

      §405.               Financial Guarantees

Submit financial guarantees in accordance with the provisions of this Ordinance. Refer to the

      ARTICLE V               Stormwater Management Plan Submission and Review Procedures.

      §501.               Preapplication Phase.

  1. The Westmoreland County Integrated Water Resources Plan provides an online decision-
    making tool to assist developers, designers, property owners in addressing al
    l water
    resources during development and redevelopment and should be consulted
    . Refer to
    www.paiwrp.com for the decision-making tool and www.westmorelandstormwater.org
  2. Applicants should refer to the Westmoreland County Integrated Water Resources Plan
    (JWRP) located at www.westmorelandstormwater.org, for mapping of impaired streams
    riparian buffers and pollutant loading to determine appropriate BMPs to address sources
    of impairments
  3. Before submitting the storm water management plan, and any other plan required by a
    reviewing agency
    , applicants are urged to consult with the municipality, Westmoreland
    County Department of Planning and Development and Westmoreland Conservation
    District, and PennDOT where applicable, on the requirements for safely managing the
    development site in a manner consistent with the municipality 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
  4. Applicants are encouraged to submit a sketch plan with a narrative description of the
    proposed storm water management con
    trols for general guidance and discussion with the
    municipality and other agencies.
  5. The pre-application phase is not mandatory; any review comments provided by the
    municipality or other agencies are advisory only and do not constitute any legally binding
    action on the part of the municipality o
    r any County agency.

       §502.              Stormwater Management Plan Submission and Review.

  1. Submission of Plans. Stormwater management plan application 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.

Copies of the SWM Site Plan shall be submitted to the following agencies as
determined by Bolivar Borough:

  1. Two copies to the municipality(ies).
  2. One copy to the municipal engineer (when applicable).
  3. One copy to the Westmoreland Conservation District (when applicable).
  4. One copy to the local Sanitary Authority (when applicable).
  5. One copy to the Westmoreland County Department of Planning andDevelopment. (if applicable)
  1. One copy to the Westmoreland County Department of Public Safety / local
    emergency management coordinator (when applicable)
  2. One copy to DEP (when applicable)
  1. Notification oj Affected Municipalities. The municipality shall notify municipalities
    upstream and downstream of the development site which may be affected by the
    stormwater runoff and proposed controls for the site. Copies of the plans will be made
    available to the affected municipalities upon request. Comments received from any
    affected municipalities will be considered by the Bolivar Borough engineer and County
    agencies in their reviews.
  2. Review by Bolivar Borough Engineer and Westmoreland Conservation District (WCD).

Stormwater management plans shall be reviewed by the municipality engineer and
WCD. HMPs shall be shown on all stormwater management plans and erosion and
sedimentation control plans, as app
licable. At its discretion, the municipality and/or
WCD may also engage other specialists in hydrology or hydraulics to assist with the
stormwater management plan review. The WCD 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 municipalities and counties for their
comments. If the WCD 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
municipality engineer will be notified so that the necessary modifications can be made
to promote safe stormwater management

The municipality and the WCD shall notify the applicant in writing within 45 days
whether the SWM site plan is approved or disapproved
. If the SWM site plan involves
a subdivision and land development plan, the notification shall occur within 90 days,
unless the applicant is notified that a longer notification period is provided by other
statute regulation or ordinance. If modifications are required, the review period may be
extended by the municipality and the WCD, in order for the applicant to address
inadequaci es

  1. A disapproved stormwater management plan may be resubmitted, with the revisions
    addressing the Municipality's and/or WCD's concerns, to the Municipality and the
    WCD in accordance with this article.
  2. Bolivar Borough Engineer Review. The municipality engineer shall approve or
    disapprove the stormwater management plan based on the requirements of the
    [Municipality] ordinances, the standards and criteria of the watershed plan, app
    State and Federal requirements and good engineering practice. The Bolivar Borough
    Engineer shall submit a written report, along with supporting documentation
    , stating the
    reasons for approval or disapproval
  3. Status oj the Engineer's Determination. The approval/disapproval of the site's
    stormwater management plan by the municipality engineer shall be submitted to the the
    Bolivar Borough Council for final action. Final approval of the plan rests with the

  1. Permits Required From Other Governmental Agencies. Where the proposed
    development requires a permit from the Pennsylvania DEP, PennDOT, or an
    erosion/sedimentation permit or Chapter 105 permit from the Westmoreland
    Conservation District
    , then final stormwater management plan approval shall be
    conditional upon receipt of such permits. However, no building permit shall be issued,
    nor construction or development sta
    rted, until the permits are received and copies filed
    with the municipality
  2. Reviews by the Municipality and WCD may be subject to fees as outlined in Article vn
    section 706 of this Ordinance.

      §503.               Status of Stormwater Management Plan after Approval.

  1. Upon final stormwater management plan approval and receipt of all necessary permits,
    financial guarantees and agreements, the applicant may commence to install or
    implement the approved stormwater management plan
    , BMPs plan or erosion and
    sedimentation plan controls
  2. If site development or building construction does not begin within [2] years of the date
    offinal approval of the stormwatermanagement 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. Further, if for any reason
    development activities are suspended for [2] years or more, then the same requirement
    for re-submission of the stormwater management plan shall apply.

      §504.               Modification of Stormwater Management Plan.

If the request for a plan modification is initiated before construction begins, the stormwater
management plan must be resubmitted and reviewed according to the procedures, contained in
this ordinance.

A. If the request for a plan modification is initiated after construction is underway, the Bolivar
Borough Engineer and / or the WCD shall have the authority to approve or disapprove the
modification based on field conditions; provided:

  1. The requested changes in stormwater controls do not result in any modifications to
    other approved municipality land use/development requirements (e
    .g., building
    , yards, etc.).
  2. The performance standards in this Ordinance are met. Notification of the
    Engineer's and / or weD's action shall be sent to the Bolivar Borough Counci
    which may issue a stay of the plan modification within 5 days and require the
    permittee to re-submit the plan modification for full stormwater management plan
    review in accordance with this ordinance.

B. It shall be unlawful to, and no person shall, alter, replace, modify, landscape or remove, or
otherwise adversely affect, any permanent stormwater management facilities, BMP controls, or
any area within a storm water easement or dedicated or designated area for stormwater facilities
and BMPs required by an approved stormwater management plan, BMP operations and
maintenance plan, or to allow the property to remain in a condition which does not conform to an

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