[Ord. No. 2021-272, 3/2/2021]
1.
The Westmoreland County Integrated Water Resources Plan provides
an online decisionmaking tool to assist developers, designers, property
owners in addressing all water resources during development and redevelopment
and should be consulted. Refer to www.paiwrp.com for the decisionmaking
tool and www.westmorelandstormwater.org.
2.
Applicants should refer to the Westmoreland County Integrated Water
Resources Plan (IWRP) 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 stormwater management plan, and any other plan
required by a reviewing agency, applicants are urged to consult with
the Borough, 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 Borough 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 plan.
4.
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.
5.
The preapplication phase is not mandatory; any review comments provided
by the Borough or other agencies are advisory only and do not constitute
any legally binding action on the part of the Borough or any county
agency.
[Ord. No. 2021-272, 3/2/2021]
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
the Borough of New Stanton:
A.
Two copies to the municipality(ies).
B.
One copy to the Municipal Engineer.
C.
One copy to the Westmoreland Conservation District.
D.
One copy to the Local Sanitary Authority (when applicable).
E.
One copy to the Westmoreland County Department of Planning and Development.
F.
One copy to the Westmoreland County Department of Public Safety/Local
Emergency Management Coordinator (when applicable).
G.
One copy to DEP (when applicable).
2.
Notification of Affected Municipalities. The Borough 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 Borough Engineer and county agencies in
their reviews.
3.
Review by Borough Engineer and Westmoreland Conservation District
(WCD).
A.
Stormwater management plans shall be reviewed by the Borough Engineer
and WCD. BMPs shall be shown on all stormwater management plans and
erosion and sedimentation control plans, as applicable. At its discretion,
the Borough 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 Borough Engineer will be notified
so that the necessary modifications can be made to promote safe stormwater
management.
B.
The Borough 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 Borough and the WCD, in order for the applicant
to address inadequacies.
4.
A disapproved stormwater management plan may be resubmitted, with
the revisions addressing the Borough's and/or WCD's concerns,
to the Borough and the WCD in accordance with this Part.
5.
Borough Engineer Review. The Municipal Engineer shall approve or
disapprove the stormwater management plan based on the requirements
of the Borough ordinances, the standards and criteria of the watershed
plan, applicable state and federal requirements and good engineering
practice. The Borough Engineer shall submit a written report, along
with supporting documentation, stating the reasons for approval or
disapproval.
6.
Status of the Engineer's Determination. The approval/disapproval
of the site's stormwater management plan by the Borough Engineer
shall be submitted to the New Stanton Borough Council for final action.
Final approval of the plan rests with the Borough.
7.
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
started, until the permits are received and copies filed with the
Borough.
[Ord. No. 2021-272, 3/2/2021]
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
two years of the date of final approval of the stormwater management
plan, then before doing so, the applicant shall resubmit 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 two years
or more, then the same requirement for resubmission of the stormwater
management plan shall apply.
[Ord. No. 2021-272, 3/2/2021]
1.
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 chapter.
A.
If the request for a plan modification is initiated after construction
is underway, the 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 Borough land use/development requirements
(e.g., building setbacks, yards, etc.).
(2)
The performance standards in this chapter are met. Notification
of the Borough Engineer's and/or WCD's action shall be sent
to the New Stanton Borough Council which may issue a stay of the plan
modification within five days and require the permittee to re-submit
the plan modification for full stormwater management plan review in
accordance with this chapter.
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 stormwater 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 approved stormwater
management plan, BMP operations and maintenance plan, unless an exception
is granted in writing by the Borough and/or approval is secured from
all relevant agencies of the commonwealth.
[Ord. No. 2021-272, 3/2/2021]
1.
The Municipal Engineer, or a designated representative thereof, may
inspect the implementation, construction, condition, operation and
maintenance of the temporary and permanent stormwater management system
and controls for the development site. The Borough or a designated
representative shall have the right to temporarily locate on any BMP
in the Borough such devices as are necessary to conduct monitoring
and/or sampling of the discharge from such BMP.
2.
The permittee shall notify the Borough Engineer and the WCD 48 hours
in advance of the completion of the following key development phases:
A.
At the completion of preliminary site preparation including stripping
of vegetation, stockpiling of topsoil and construction of temporary
stormwater management control facilities.
B.
At the completion of rough grading but prior to placing topsoil,
permanent drainage or other site development improvements and ground
covers.
C.
During construction of the permanent stormwater facilities and BMPs
at such times as specified by the Borough Engineer.
D.
Completion of permanent stormwater management facilities and BMPs
including established ground covers and plantings.
E.
Completion of final grading, vegetative control measures or other
site restoration work done in accordance with the approved plan and
permit.
3.
The Borough Engineer and the WCD may conduct inspections during construction
as it deems appropriate.
4.
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 Municipal Engineer and/or the WCD shall issue a written
description of the required corrections and stipulate the time by
which they must be made.
5.
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 Municipal Engineer and/or the WCD
within 24 hours of the discovery of such condition and request a field
inspection. The Municipal Engineer and/or the WCD shall determine
if the condition requires a modification of the stormwater management
plan, BMPs plan or erosion and sedimentation control plan.
6.
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 Borough and/or the Borough
Engineer may require special precautions such as a geotechnical study,
soil tests and core borings, additional full-time inspectors and/or
similar measures. All costs of any such measures shall be borne by
the permittee.
[Ord. No. 2021-272, 3/2/2021]
1.
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 drawing for
subdivision plans should identify any and all lots that are to have
individual on-lot controls (i.e., dry wells, etc.) and a description
of the type of on-lot control, a typical detail of that control and
the basis for their individual design (i.e., storage volume per impervious
area), as identified in the approved stormwater management plan for
the overall subdivision plan. The record drawings and an explanation
of any discrepancies with the construction plans shall be submitted
to the Borough Engineer and the WCD.
2.
The record drawing submission shall be in a format as specified by
the Borough or the Borough Engineer, shall be in a format that meets
the requirements for recording at the office of the Recorder of Deeds
of Westmoreland County and 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 stormwater management plans, calculations and specifications.
The latitude and longitude coordinates for all permanent stormwater
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.
3.
After receipt of the completion certification by the Borough, the
Borough, the Borough Engineer and/or the WCD may conduct a final inspection.
4.
Once the final inspection has revealed that the facilities have been
constructed as per the approved plans and calculations and once the
record drawing(s) have been approved and accepted by the Borough,
the Borough Engineer and/or the WCD, the owner of the stormwater management
facility shall have the record drawing(s) recorded at the office of
the Recorder of Deeds of Westmoreland County and pay all required
recording fees.
