A. 
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.
B. 
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.
C. 
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 Code, 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.
D. 
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.
E. 
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.
A. 
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:
(1) 
One paper and one digital copy to Borough, in a digital format acceptable to the Borough.
(2) 
One copy to the Borough 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 and Development (if applicable).
(6) 
One copy to the Westmoreland County Department of Public Safety/local emergency management coordinator (when applicable).
(7) 
One copy to PADEP (when applicable).
B. 
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.
C. 
Review by the Borough Engineer and WCD. 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 costs of such specialist review shall be borne by the applicant and shall be paid prior to the issuance of any permits. 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 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. 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.
D. 
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 article.
E. 
Borough Engineer review. The Borough Engineer shall approve or disapprove the stormwater management plan based on the requirements of the Borough Code, 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.
F. 
Status of the Engineer's determination. The approval/disapproval of the site's stormwater management plan by the Borough Engineer shall be submitted to Derry Borough Council for final action. Final approval of the plan rests with the Borough.
G. 
Permits required from other governmental agencies. Where the proposed development requires a permit from the PADEP, PennDOT, or an erosion/sedimentation permit or Chapter 105[1] permit from the WCD, 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 all requisite permits are received and copies filed with the Borough.
[1]
Editor's Note: See 25 Pa. Code Chapter 105.
H. 
Reviews by the Borough and WCD shall be subject to fees as outlined in Article VII, § 352-44, of this chapter.
A. 
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.
B. 
Prior to the start of construction, the applicant shall schedule and conduct a preconstruction meeting that includes the owner or owner's representative, the design professional for the project, the contractor and any subcontractors, utility representatives, municipal code officer, building inspector, Borough Engineer, WCD inspector and any other personnel deemed relevant to review and discuss the site plan, E&S controls and the stormwater management facilities. The meeting should address critical stages of construction that will require inspections by a certified professional and other documentation that will be needed in order for an as-built drawing to be prepared and approved by the Borough and the WCD.
C. 
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. There shall be no vested interest in stormwater management plans where work does not commence within two years or if development activities are suspended for two years and less than 25% of the development activities are completed, and in such case, upon resubmission the applicant shall comply with the stormwater standards in effect at the time of resubmission.
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, effective the time of resubmission.
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 Engineer's and/or WCD's action shall be sent to the Derry Borough Council, which may issue a stay of the plan modification within five days and require the permittee to resubmit 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.
A. 
The Borough Engineer or a designated representative 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 and/or install on any BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling the discharge from such BMP.
B. 
The permittee shall notify the Borough Engineer and the WCD 48 hours in advance of the completion of the following key development phases:
(1) 
At the completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management control facilities.
(2) 
At the completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
(3) 
During construction of the permanent stormwater facilities and BMPs at such times as specified by the Borough Engineer.
(4) 
Completion of permanent stormwater management facilities and BMPs including established ground covers and plantings.
(5) 
Completion of final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.
C. 
The Borough and/or WCD may conduct inspections during construction as it deems appropriate.
D. 
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 Borough Engineer and/or WCD shall issue a written description of the required corrections and stipulate the time by which they must be made.
E. 
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 Borough Engineer and/or WCD within 24 hours of the discovery of such condition and request a field inspection. The Borough 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.
F. 
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 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.
A. 
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, et seq.) 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 and WCD.
B. 
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 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.
C. 
After receipt of the completion certification by the Borough, the Borough and/or WCD may conduct a final inspection.
D. 
An occupancy permit shall not be issued unless the certification of completion has been secured or an appropriate stormwater facilities bond is in place. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the Borough.