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Storm Water
Ordinance
1 of 2021
Part 8

completed, unless the drain is installed in the original ground with a
minimum of 3 feet cover and/or adequate protection during the fill
constructi on.

  1. Designed.

1. With cradle when traversing fill areas of indeterminate stability.
11. With anchors when gradient exceeds 20 percent.

  1.                                    iii.  With encasement or special backfill requirements when traversing
    under a paved area.
  1. 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
    , with the exception of roof drains, foundation drains or
    similar conveyance.
  2. Drain pipe, trenching, bedding and backfilling requirements and appropriate
    grates
    , catch basins, stormwater inlets, manholes and other appurtenances
    shall conform to the requirements of the municipality and/or applicable
    PennDOT specifications
    , Publication 408.
  3. All corrugated metal pipe shall be polymer coated, and with paved inverts
    where prone to erode. Pipe within a municipality right-of-way shall be
    reinforced concrete pipe or high-performance polypropylene pipe with a
    minimum diameter of 15 inches.
  4. Storm inlets and structures shall be designed to be adequate, safe, self-
    cleaning and unobtrusive and consistent with municipality standards with
    sufficient capture and conveyance capacity and spacing of inlets and
    c1eanouts for maintenance.
  5. Where a proposed sewer or conveyance connects with an existing storm
    sewer or conveyance system
    , the applicant shall demonstrate that sufficient
    capacity exists in the downstream system to handle the additional flow.
  1. Storm sewer outfalls shall be equipped with energy dissipation devices to
    prevent erosion and conform with applicable requirements of the
    Pennsylvania DEP for stream encroachments (Section 7 of the Dam Safety
    and Encroachments Act, 32 P.S. §693.1
    , et seq., and the rules and
    regulations promulgated thereunder at 25 Pennsylvania Code §105.441-
    105.449).

D. Criteria for Riparian Buffers

  1. If a riparian buffer is required by P A DEP as part of an NPDES permit, then DEP
    regulations will govern
    .
  2. If a Riparian Buffer is used to meet stormwater management requirements it shall
    meet the following requirements:
  1. In order to protect and improve water quality, a Riparian Buffer Easement
    may be created and recorded as part of any subdivision or land
    development that encompasses a Riparian Buffer
    .
  2. Except as required by PA Code Title 25 Chapter 102, the Riparian Buffer
    Easement shall may be measured to a minimum of35 feet measured from
    the top of the nearest bank (on each side), or an average of 35 feet with no
    distance from top of bank less than 25 feet
    .

  3. c.      Minimum Management Requirements for Riparian Buffers:

  1.              Existing native vegetation shall be protected and maintained within the Riparian Buffer Easement.
  2.              Whenever practicable, invasive vegetation shall be actively removed and the Riparian Buffer Easement shall be planted with native trees, shrubs and other vegetation to create a diverse native
    plant community appropriate to the intended ecological context of the site.

lll.                              There shall be no earth disturbance beyond which is necessary to establish or maintain a

          planted buffer.

  1. The Riparian Buffer Easement shall be enforceable by the municipality and shall
    be recorded in the appropriate County Recorder of Deeds Office, so that it shall
    run with the land and shall limit the use of the property located the
    rein. The
    easement shall allow for the continued private ownership and shall count toward
    the minimum lot area a required by Zoning, unless otherwise specified in the
    municipal Zoning Ordinance.
  2. Any permitted use within the Riparian Buffer Easement shall be conducted in a
    manner that will maintain the e
    xtent of the existing 100-year floodplain, improve
    or maintain the stream stability, and preserve and protect the ecological function
    of the floodplain
    .
  3. Stormwater drainage pipes and all other linear utility lines as approved by the
    municipality shall be permitted within the Riparian Buffer Easement, but they
    shall cross the Easement in the shortest practical distance. Other stormwater
    management facilities and BMPs are not permitted
    within the Riparian Buffer
    Easement
    .
  4. The following conditions shall apply when public and/or private recreation trails
    are permitted within Riparian Buffers:
  1. Trails shall be for non-motorized use only.
  2. Trails shall be designed to have the least impact on native plant species
    and other sensiti
    ve environmental features.
  1. Septic drainfields and sewage disposal systems shall not be permitted within the
    Riparian Buffer Easement and shall comply with setback requirements established
    under 25 Pa. Code Chapter 73
    .

E. Criteria for Stream Restoration Project

1. A stream restoration project may eligible for storm water management if it meets
qualifying criteria set by the municipality and as follows:

  1. Existing conditions, such as channel or streambank erosion and an actively enlarging or
    incising urban stream condition, shall be documented prior to restoration
    .
  2. Projects should be located on 1st to 3rd order (small) streams to be effective.
  3. Project should address a minimum of 100 linear feet of stream channel and both sides
    where need to do so is evident
    .
  4. Upstream impervious area should be sufficiently treated to address peak flows that may
    exceed engineering design thresholds or compromise channel form and function
    .

  5. Utilize a comprehensive approach employing a mix of techniques appropriate to the site,creating long-term stability of the streambed, streambanks and floodplain.
  1. Armored length of streams (ie using riprap or gabions) may be used to maintain channel
    stability
    , but the same length shall not be included in the load reduction calculation.
  2. Project shall maximize floodplain reconnection, with minimal channel invert elevation
    increase (ie bank height ratio
    = l.0 or less) to achieve the objective.
  3. Project shall include a minimum 35 ft permanent riparian buffer.
  1. Project shall include an O&M plan identifying O&M activities, frequencies and
    responsible parties.

      §310.                 Erosion and Sedimentation Controls.

  1. No regulated development activities within Bolivar Borough shall commence until
    approval by Bolivar Borough and the WCD of an erosion and sediment control plan for
    construction activities
    .
  2. 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). Refer to the PADEP Erosion and
    Sediment Pollution Control Manual 2012 or most recent version.
  3. In addition, under Title 25 Pa.Code, Chapter 92, a DEP NPDES construction activities
    permit is required for regulated development activities
    .
  4. Evidence of any necessary permit(s) for regulated development activities from the
    appropriate DEP regional office or Westmoreland Conservation District must be provided
    to the municipality. The issuance of an NPDES construction permit (or permit coverage
    under the Statewide General Permit (P AG-2) may satisfy the requirements under
    subsection l. upon review and approval by the municipality.
  5. A copy of the erosion and sediment control plan and any permit required by DEP or the
    [Municipality] shall be available at the project site at all times
    .

§311.  Water Obstructions and Encroachments


  1. No regulated development activities which require Chapter 105 (Water Obstructions and
    Enc
    roachment) permit from either PA DEP or Westmoreland Conservation District shall
    commence until all permits have received P
    A DEP or WCD approval, and municipal
    approval
    .
  2. Evidence of any necessary Chapter 105 permit from P A DEP / WCD shall be provided to
    the municipality.
  3. Proposed development shall avoid the long and short term adverse impacts associated with
    the occupancy and modification of floodplains as designated by FEMA, to the extent
    possible wherever there is a practicable alternative in order to reduce the
    risk offlood loss,
    minimize the
    impacts of floods on human safety, health and welfare, and restore and
    preserve the natural and beneficial values served by flood plains.
  4. Any proposed development found to be within the base floodplain of a waterway shall
    include the identification of impacts, an evaluation of practicable alternatives outside the
    floodplain, and when impacts cannot be avoided, the development of measures to minimize
    the impacts and restore and preserve
    the floodplain as appropriate. Findings shall be
    presented at a public meeting and a determination made by the Council of the Bolivar
    Borough.

  5. Any proposed stormwater management plan should be consistent with the provisions of the PA Floodplain Management Act 166 of 1978 and applicable municipal floodplain ordinances.

ARTICLE IV   Stormwater Management Plan Requirements.


      §401.               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 Ordinance shall be initiated or undertaken unless and
until a stormwater management plan for such activity is rev
iewed and approved in accord
with the provisions of this Ordinance.

  1. No regulated development activities within the municipality shall commence until
    approval by the municipality of a stormwater management plan which demonstrates
    compliance with State water quality requirements after construction is complete. Refer to
    the Regulated Development Activity Table located in Article TIl of this ordinance
    .
  2. The stormwater management plan must be designed, implemented and maintained to meet
    State water quality requirements, and any other more stringent requirements as
    determined by the municipality.
  3. To control post-construction stormwater impacts from regulated development activities,
    State water quality requirements can be met by BMPs, including site design and green
    infrastructure, which provide for replication of pre-construction stormwater infiltration
    and runoff conditions
    , so that post-construction storm water discharges do not degrade the
    physical
    , chemical or biological characteristics of the receiving waters. As described in
    the DEP Comprehe
    nsive 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.            Stream bank and Streambed Protection. Management of volume and rate of post-
    construction stormwater discharges, using detention / retention and other means, to
    prevent physical degradation of receiving waters (e.g., from scouring).
  1. In the absence of an existing stormwater conveyance or easement whether natural or
    man-made for release of stormwater f
    low from a development site, an easement must be
    provided. Information shall be presented as to the owne
    rship, responsible party, and
    agreement for said easement.

E. The storm water management plan 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 development activities are complete. These requirements include the need to implement post-construction stormwater facilities and BMPs with assurance oflong-term operations and maintenance of those BMPs.

  1. Evidence of any necessary permit(s), such as Chapter 102 erosion and sedimentation control
    or Chapter 105 stream encroachment, for
    regulated development activities from WCD or the
    appropriate DEP regional office must be provided to the municipality. The issuance of an
    NPDES construction permit (or permit coverage under the Statewide General Permit (P AG2) may satisfy the requirements of paragraph (A) above, after review and approval by the municipality .
  1. Appropriate sections from the municipality's Subdivision and Land Development
    Ordinance (SALDO), and other applicable local and Westmoreland County ordinances,
    shall be followed in preparing the SWM Plans. The Municipality shall not approve any
    SWM Plan that is deficient in meeting the requirements of this Ordinance
    . At its sole
    discretion and in accordance with this Article, when a SWM Plan is found to be deficient,
    the municipality may either disapprove the submission and require a resubmission, or in
    the case of minor deficiencies, the Municipality may accept submission of modificat
    ions.
  2. Professional Certification. The stormwater management plan (including all calculations)
    must be prepared and sealed by a qualified professional with training and expertise in
    hydrology and hydraulics
    . Documentation of qualifications may be required by Bolivar
    Borough
    .

§402. Stormwater Management Plan Contents.


General Format. The stormwater management plan shall include a narrative and a set of plan
drawings
. Refer to checklist Appendix D.

A. A narrative describing the overall stormwater management concept for the project.

  1. A determination of site conditions in accordance with the P A DEP Stormwater
    BMP Manual. A detailed site evaluation shall be completed for projects proposed
    environmentally sensitive areas, such as brownfields.
  2. Runoff Calculations. Stormwater runoff design calculations for determining pre-
    and post-development discharge rates, for designing proposed stormwater control
    facilities and to demonstrate that the maximum practicable measures have been
    taken to meet the requirements of this Ordinance, must be submitted with the
    stormwater management plan. All calculations shall be prepared using the methods
    and data prescribed by general requirements in Section [302]. Refer to the
    Acceptable Computation Methodologies table in Article III Section 307 of this
    ordinance
    .
  1. Runoff volume and rate shall be calculated according to generally accepted methods such as those listed under Stormwater Management Performance Standards, General Standards.
  2. Detention/retention requirements, including volume, routing, etc. for
    BMPs shall be calculated using commonly acceptable standard
    method(s).
  3. Water quality calculations shall be determined by using the PA DEP
    Stormwater BMP Manual 2006 or current edition Worksheets 12 and 13
    or acceptable alternative method by the municipality.
  1. Expected project time schedule for the installation of all temporary and permanent
    stormwater control measures and devices. If the development is to be constructed
    in stages
    , the applicant must describe how stormwater facilities and BMPs will be
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