Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 2-26-2004 by Ord. No. 789.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Quarries — See Ch. 93.
Streets and sidewalks — See Ch. 103.
Subdivision and land development — See Ch. 105.
Zoning — See Ch. 116.
[1]
Editor's Note: this ordinance repealed former Ch. 58, Grading, Erosion Control and Stormwater Management, adopted 4-29-1990 by Ord. No. 596.

§ 58-1 Purpose.

The purpose of this chapter is to provide minimum standards to safeguard persons, to protect property and water resources, and to promote the public welfare by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation, fill, and site development activities. The provisions of this chapter are designed to:
A. 
Control stormwater runoff, erosion and sedimentation by use of accepted standards and facilities.
B. 
Maintain or improve flows and water quality in all streams and watercourses within the Township.
C. 
Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
D. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain existing uses and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in special protection streams.
E. 
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
F. 
Provide review procedures and performance standards for stormwater planning and management.
G. 
Utilize and preserve the existing natural drainage systems as much as possible.
H. 
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
I. 
Prevent scour and erosion of streambanks and streambeds.
J. 
Provide for proper operation and maintenance of all permanent stormwater management best management practices (BMPs) that are implemented in the Township.
K. 
Provide a mechanism to identify controls necessary to meet the National Pollutant Discharge Elimination System (NPDES) Permit requirements.
L. 
Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the Township's storm sewer system.

§ 58-2 Word usage and definitions.

A. 
Word usage.
(1) 
Words in the singular number include the plural, and words in the plural number include the singular; present tense includes the future; words of masculine gender include feminine gender; and words of feminine gender include masculine gender; the word "building" shall be deemed to include the word "structure," and "individuals" shall be deemed to include any person, group of persons, partnership or corporation.
(2) 
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
(3) 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
B. 
Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein stated:
ACCELERATED EROSION
The removal of the surface of the land, through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
APPLICANT
A landowner, developer or other person who has filed an application for approval to engage in any earth disturbance activity regulated by the provisions of this chapter at a project site in the Township.
(1) 
Basins designed for temporary storage of stormwater to reduce peak discharges. They are characterized by shorter detention periods and are normally dry, except for short periods following a storm event. Stored stormwater is released at a controlled rate.
(2) 
Basins designed for impoundment of stormwater to reduce peak discharges. They are usually wet continually but are designed to store excess stormwater above the normal pool elevation. The excess stormwater is released at a controlled rate.
BEST MANAGEMENT PRACTICE (BMP)
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from earth disturbance activities associated with land development and construction activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. BMPs include, but are not limited to, infiltration, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins.
BUILDING PERMIT
A permit issued by the Building Inspector pursuant to provisions of the Whitemarsh Township Building Code for the construction, erection, or alteration of a structure or building.
CONSERVATION DISTRICT
The Montgomery County Conservation District.
CUT
An excavation; the difference between a point on original ground and a designated point of lower elevation on the final grade; also, the material removed in excavation.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER
A person that seeks to undertake any earth disturbance activities regulated by the provisions of this chapter at a project site in the Township.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities in the Township are planned, conducted or maintained.
DISCHARGE
The outflow of water, silt or other mobile substances passing along a conduit, watercourse or channel or released from any type of detention or stormwater management feature.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including but not limited to clearing and grubbing; certain paving, embankments, road maintenance, filling, stripping, grading, regrading; cutting, removal of vegetation or natural ground covers; excavation, digging, earthmoving; the moving, depositing, stockpiling or storing of soil, rock or earth materials; or land development undertaken by an individual on private or public property as herein set forth.
EARTHMOVING
An activity resulting in the movement of earth or stripping of vegetative cover from the earth.
EROSION
The processes by which the surface of the land, including channels, is worn by water, wind or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar materials is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
(1) 
The act by which earth, sand, gravel, rock or any other material is deposited in a new location above the natural surface of the ground or on top of the strip surface and shall include the conditions resulting therefrom.
(2) 
The difference in elevation between a point on the original ground and a designated point of final elevation in the final grade.
(3) 
The material used to make a fill.
FLOODPLAIN CONSERVATION DISTRICT
Shall include areas adjoining any watercourse, drainage course or body of water subject to periodic inundation or overflow and subject to regulations pursuant to Article XXII, § 116-158, Floodplain Conservation District, of Chapter 116 of the Whitemarsh Township Code, entitled "Zoning."
GRADE
The elevation of the existing ground surface or the finished elevation at the location of any proposed excavation or fill.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
IMPERVIOUS GROUND COVER
A surface that prevents the infiltration of water into the ground. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt and packed stone shall be considered impervious surfaces within this definition. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
LAND DEVELOPMENT
As defined in § 105-5, Definitions, of Chapter 105 of the Whitemarsh Township Code, entitled "Subdivision and Land Development."
MINOR EARTH DISTURBANCE PERMIT
Any permit required under § 58-3 hereof.
NPDES
National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.
OUTFALL
"Point source" as described in 40 CFR § 122.2, at the point where the Township's storm sewer system discharges to surface waters of the commonwealth.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POINT SOURCE
Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.
PROJECT SITE
The specific area of land where any earth disturbance activities regulated by the provisions of this chapter in the Township are planned, conducted or maintained.
RATIONAL METHOD
The Rational Equation is as follows:
Q = C I A
WHERE
Q
=
Maximum expected discharge in cubic feet per second
C
=
Runoff factor expressed as a percent of the total water falling on an area that is dependent upon the land cover of the watershed
I
=
The rate of rainfall from the time of concentration of the drainage area in inches per hour for a given storm frequency
A
=
Drainage area expressed in acres
REDEVELOPMENT
Earth disturbance activities on land which has previously been disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity of 10,000 square feet or more. This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more of earth disturbance. All requirements of a minor earth disturbance permit and/or a subdivision/land development application shall also apply to these activities.
RIPARIAN CORRIDOR CONSERVATION DISTRICT
Is an overlay district that applies to the streams, wetlands, and water bodies, and the land adjacent to them, and subject to regulations pursuant to Article XXXV, § 116-257, RCCD Riparian Corridor Conservation District, of Chapter 116 of the Whitemarsh Township Code, entitled "Zoning."
ROAD MAINTENANCE
Earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
RUNOFF
That portion of the precipitation on a drainage area that is not absorbed and, therefore, is discharged from the area. Types include surface runoff, surface groundwater runoff and seepage.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
The surface water runoff that can be reasonably anticipated upon maximum development of the area of the watershed upstream from the subject tract, as permitted by prevailing zoning or the Township Comprehensive Plan.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited, or remains suspended in water, it shall be referred to as "sediment."
SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.
SITE
A lot, tract or parcel of land, or a series of lots, tracts or parcels of land, joined together where grading work is continuous and performed at the same time.
SLOPE
The face of an embankment or cut section; any ground where surface makes an angle with the plane of the horizon. Slopes shall be expressed as a ratio of horizontal distance to vertical or in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOIL COVER COMPLEX METHOD
A mathematical formula to compute runoff developed by the Soil Conservation Service of the U. S. Department of Agriculture, which provides for accurate consideration of the effect of applied conservation measures on runoff rates and volume.
SOIL STABILIZATION
Chemical, physical, or structural treatment of a mass of soil to increase or maintain stability or otherwise improve its engineering properties.
STATE WATER QUALITY REQUIREMENTS
As defined under state regulations, protection of designated and existing uses (per 25 Pa. Code Chapters 93 and 96), including:
(1) 
Each stream segment in Pennsylvania has a designated use, such as "cold-water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.
(2) 
Existing uses are those attained as of November 1975, regardless whether they have been designated in Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams and to protect and maintain water quality in special protection streams.
(3) 
Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates, as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the streambank, streambed and structural integrity of the waterway, to prevent these impacts.
STEEP SLOPES
Land grades in excess of 8% and subject to regulation pursuant to § 116-167, Steep slopes, of Chapter 116 of the Whitemarsh Township Code, entitled "Zoning."
STORMWATER
The surface runoff generated by precipitation reaching the ground surface.
STORMWATER MANAGEMENT FACILITY
Any element in a stormwater management system which is made or improved by man.
STORMWATER MANAGEMENT SYSTEM
Facilities used for conveying to, through or from a drainage area to a point of final outlet, including but not limited to the following: conduits and pertinent features, canals, channels, swales, ditches, streams, culverts, streets, ponds and basins.
STRIPPING
The removal of vegetation, including trees, and/or topsoil. The normal process of gardening or property maintenance shall be excluded from this definition.
SUBDIVISION
As defined in § 105-5, Definitions, of Chapter 105 of the Whitemarsh Township Code, entitled "Subdivision and Land Development."
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
TIME OF CONCENTRATION
The interval of time required for water to travel from the most hydraulically distant point of the drainage area to a given point (point of reference).
TOWNSHIP
Whitemarsh Township, Montgomery County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer registered in the State of Pennsylvania and designated by the Board of Supervisors to perform the duties of engineer as herein specified.
TOWNSHIP SOLICITOR
An attorney designated by the Board of Supervisors to perform the duties of a solicitor as herein specified.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, and any wetland area designated by a river basin commission.

§ 58-3 Minor earth disturbance permit; exceptions.

No person shall commence or perform any earth disturbance activity as herein defined without first having obtained a minor earth disturbance permit from the Township Engineer. A separate minor earth disturbance permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site. Notwithstanding the exceptions from obtaining a minor earth disturbance permit, all provisions of Chapter 58 shall apply to any earth disturbance activity conducted in the Township. A minor earth disturbance permit will not be required in the following situations:
A. 
Any excavation which does not exceed 20 cubic yards, total, of material removed.
B. 
A fill which does not exceed 20 cubic yards, total, of material deposited.
C. 
An excavation below finished grade for:
(1) 
Basements and footings of buildings;
(2) 
Swimming pools or underground structures authorized by a building permit;
(3) 
Driveways between a single-family residence building site and the street which are less than 100 feet in length;
(4) 
The grading of excavated materials into the site from which excavated and including the provision of additional topsoil as may be required for seed bed preparation, provided that such grading shall not exceed 20 cubic yards, alter drainage patterns, accelerate erosion, interfere with existing stormwater facilities, or adversely impact adjoining properties.
D. 
Minor increases in impervious surfaces on existing developed properties where the increase in impervious surfaces does not exceed 1,000 square feet, provided that the changes will not alter drainage patterns, accelerate erosion, interfere with existing stormwater facilities, or adversely impact adjoining properties.
E. 
Earthmoving on existing developed properties not exceeding 1,200 square feet, provided that the changes will not alter drainage patterns, accelerate erosion, interfere with existing stormwater facilities, or adversely impact adjoining properties.
F. 
Plowing, tilling, irrigation and drainage for agricultural purposes; nursery operations such as removal of cultivated sod, shrubs, and trees for transplantation; and the addition of topsoil with a change in natural contours of one foot or less, provided that the activity will not alter drainage patterns, accelerate erosion, interfere with existing stormwater facilities, or adversely impact adjoining properties.
G. 
Wetland mitigation or other remedial environmental projects, as determined by the Township, involving less than one acre of earth disturbance.

§ 58-4 Application for permit; requirements and fees.

A. 
Every applicant for a minor earth disturbance permit shall file an application with the Township Engineer.
B. 
Such application shall:
(1) 
Describe the land on which the proposed work is to be done, by lot, block, tract, or street address, or similar description which will readily identify and definitively locate the proposed work.
(2) 
Be accompanied by three copies of plans, narrative and specifications prepared by a registered professional engineer or registered professional land surveyor qualified in hydrology. Such plans and specifications shall include the following.
(a) 
Date, name, professional seal, and address of the preparer(s) of the plan for each portion thereof.
(b) 
Name and address of the owner of the site.
(c) 
Lot, block, tract or street address, tax parcel number with deed book and page number, or similar description which identifies and locates the proposed work.
(d) 
Purpose of the earth disturbance.
(e) 
A complete outline survey of the affected property showing all courses, distances and area, and boundaries of all adjoining properties with tax parcel number and name of landowner.
(f) 
Types, depth and aerial extent of predominant soils on the property.
(g) 
Location map on plan at scale of one inch equals 800 feet.
(h) 
North arrow.
(i) 
Written and graphic scales, including scale of location map.
(j) 
Streets on and adjacent to the site with legal and ultimate rights-of-way, cartway widths and any existing easements.
(k) 
Existing contours and proposed finished grades measured at vertical intervals of two feet.
(l) 
A delineation of the limits of work and the areas to remain undisturbed, along with a statement, in square feet, of the total site area and the disturbed area and all steep slope, floodplain areas and Riparian Corridor Conservation Districts as defined in the Whitemarsh Township Zoning Ordinance.
(m) 
A delineation of areas reserved for proposed fill.
(n) 
Established street grades (elevation). For plans prepared in conjunction with preliminary subdivision and land development plans, tentative street grades may be utilized.
(o) 
Size, location and construction details of all existing and proposed impervious ground cover, including but not limited to structures, streets, parking areas and sidewalks.
(p) 
Size, location and construction details of all existing and proposed storm drainage facilities.
(q) 
Estimated development schedule for the site, including:
[1] 
Stripping and/or clearing.
[2] 
Rough grading and construction.
[3] 
Installation of improvements, including streets, underground utilities, buildings, driveways, parking areas, and other structures and facilities.
[4] 
Final grading and vegetation establishment.
[5] 
Maintenance, including disposal of materials removed from the control facilities.
(3) 
Plans and written procedures for minimizing erosion and sedimentation in conformity with any regulations adopted pursuant to this chapter.
(4) 
Plans and supporting calculations detailing proposed stormwater drainage and stormwater management systems required by regulations adopted pursuant to this chapter.
(5) 
Plans and supporting documentation verifying compliance with the provisions of § 105-83D, Tree preservation, protection and replacement, of Chapter 105 of the Whitemarsh Township Code, entitled "Subdivision and Land Development."
C. 
The Township Engineer may waive the requirements for any and all plans and specifications listed above if he finds that the information on the application is sufficient to show that the work contemplated will conform to the provisions of this chapter.
D. 
The Township Engineer may require a review by the Montgomery County Soil Conservation District of any plans for earth disturbance activity involving less than one acre. In all other instances where the extent of proposed earth disturbance activity is one acre or more, the applicant must obtain the following:
(1) 
A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection.
(2) 
An approval of the erosion and sedimentation control plan for the project by the Montgomery County Conservation District.
E. 
The applicant for a minor earth disturbance permit shall pay a fee with the application for each site as set forth in the Township Schedule of Fees[1] established by the Board of Supervisors. The fees required may cover:
(1) 
Administrative/clerical costs.
(2) 
The review of the minor earth disturbance permit plan by the Township Engineer.
(3) 
Site inspections, including but not limited to preconstruction meetings, inspections during construction and final inspection upon completion of the construction,performed in conjunction with the mnor earth dsturbance prmit.
(4) 
Any additional work required to monitor and enforce any provisions of this chapter, correct violations, and assure proper completion of stipulated remedial actions.
[1]
Editor's Note: Said schedule is on file and available for inspection in Township offices.
F. 
Application review period.
(1) 
The Township Engineer shall review all minor earth disturbance permit applications, submitted as required by § 58-3 of this chapter, and take final action within 30 days of a determination by him that the application is complete.
(2) 
If the Township Engineer determines that the minor earth disturbance permit application does not comply with this chapter, he shall advise applicant in writing of the deficiencies. All necessary revisions shall be made by the applicant and the application shall be resubmitted to the Township Engineer.
(3) 
The Township Engineer shall review any revised application within 15 days after submission and shall take action on approving or disapproving the revised application. If the application does not comply with the standards of this chapter, the application may be denied by the Township Engineer in accordance with the provisions of § 58-9 herein.
(4) 
The review of minor earth disturbance permit applications submitted in conjunction with subdivision and land development plans shall be performed by the Township Engineer in accordance with the provisions of § 58-5 herein.

§ 58-5 Application for regulated earth disturbance activities; requirements.

A. 
No regulated earth disturbance activities within the Township shall proceed until approval by the Township of a BMP operations and maintenance plan, which describes how the permanent stormwater BMPs will be properly operated and maintained.
B. 
The following items shall be included in the BMP operations and maintenance plan (BMP Plan):
(1) 
Three copies of plans of the project area shall be submitted on a twenty-four-inch-by-thirty-six-inch or thirty-inch-by-forty-inch sheet in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Montgomery County. The contents of the map(s) shall include, but not be limited to:
(a) 
All items required under a minor earth disturbance permit plan and listed in § 58-4B hereof.
(b) 
Clear identification of the location and nature of permanent stormwater BMPs.
(c) 
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks.
(d) 
Existing and final contours at intervals of two feet or others, as appropriate.
(e) 
Existing streams, lakes, ponds, or other bodies of water within the project site area.
(f) 
Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainage courses and areas of natural vegetation to be preserved.
(g) 
The locations of all existing and proposed utilities, sanitary sewers, and waterlines within 50 feet of property lines of the project site.
(h) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added.
(i) 
Proposed final structures, roads, paved areas, and buildings.
(j) 
A twenty-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.
(2) 
A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance.
(3) 
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 BMP Plan.
(4) 
A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Township.
C. 
The applicant for a BMP operations and maintenance plan shall pay a fee with the application for each site as set forth in the Township Schedule of Fees established by the Board of Supervisors. The fees required may cover:
(1) 
Administrative/clerical costs.
(2) 
The review of the BMP operations and maintenance plan by the Township Engineer.
(3) 
Site inspections, including but not limited to preconstruction meetings, inspections during construction and final inspection upon completion of the construction, performed in conjunction with the Minor Earth Disturbance Permit.
(4) 
Any additional work required to monitor and enforce any provisions of this chapter, correct violations, and assure proper completion of stipulated remedial actions.
D. 
Application review period.
(1) 
The Township Engineer shall review all BMP operations and maintenance plans, submitted as required by § 58-5 of this chapter, and take final action within 30 days of a determination by him that the application is complete.
(2) 
If the Township Engineer determines that the BMP operations and maintenance plan does not comply with this chapter, he shall advise the applicant in writing of the deficiencies. All necessary revisions shall be made by the applicant, and the application shall be resubmitted to the Township Engineer.
(3) 
The Township Engineer shall review any revised application within 15 days after submission and shall take action on approving or disapproving the revised application. If the application does not comply with the standards of this chapter, the application may be denied by the Township Engineer in accordance with the provisions of § 58-10 herein.
(4) 
The review of the BMP operations and maintenance plan submitted in conjunction with subdivision and land development plans shall be performed by the Township Engineer in accordance with the provisions of § 58-6 herein.

§ 58-6 Requirements for subdivision and land development .

A. 
The approval of plans and specifications for grading, the control of erosion and sedimentation, stormwater management, and BMPs shall be concurrent with the approval of the final plans submitted in conjunction with subdivision and/or land development applications and shall become a part thereof.
B. 
Final plans for minimizing erosion and sedimentation and for providing stormwater management control, as approved, shall be incorporated into the improvements agreement and financial security requirements, as required in Chapter 105 of Whitemarsh Township Code, entitled "Subdivision and Land Development."
C. 
At the time a building permit is filed in conjunction with a subdivision and/or land development project, a review shall be conducted by the Township Engineer to ensure conformance with the grading plan, as approved. During the construction, further consultative technical assistance shall be furnished as required by the Township Engineer and the Montgomery County Conservation District.

§ 58-7 Special requirements for agricultural uses.

All agricultural operations shall conform to the following principles and standards:
A. 
Farming operations shall be performed to minimize erosion of silt areas where damage to streams or adjacent properties will result.
B. 
Drainage swales shall be maintained with permanent cover of grasses, plants, or trees.
C. 
Permanent coverage shall be maintained within a minimum of 20 feet of a stream and for 10 feet upslope from property lines, unless a written waiver is received from the abutting landowner.
D. 
Runoff from buildings and other impervious surfaces shall be directed around areas where sod or plants are regularly removed, where livestock is confined, or where tillage crops are planted, or shall be otherwise controlled to prevent direct transport of pollutants (including sediments) to streams.
E. 
Diversion terraces or cover crops not less than 10 feet in width shall be provided to a maximum of two-hundred-foot intervals on slopes of 8% to 15% where tillage or sod crops are planted.
F. 
A vegetative cover strip extending eight feet from the edge of the cartway of any road shall be permanently maintained.

§ 58-8 Easements.

A. 
Adequate rights-of-way and/or easements shall be provided to the Township for all stormwater management, storm sewer facilities and BMPs, as required by the Township. Minimum width of a storm sewer easement shall be 20 feet.
B. 
Detention basins and permanent lakes and ponds utilized for stormwater management shall be accessible to a street to permit periodic maintenance, and an access easement shall be provided to permit such access.
C. 
Where stormwater or surface water will be gathered within the site and discharged or drained in volume over lands within or beyond the boundaries of the site, the applicant or owner shall reserve or obtain easements over all lands affected thereby; which easements shall be adequate for discharge or drainage and for the carrying off of such water and for the maintenance, repair and reconstruction of the same by vehicles, machinery and other equipment for such purposes, and which shall be sufficient width for such passage and work. The applicant or owner shall convey, free of charge or cost, such easements to the Township upon demand.
D. 
To the fullest extent possible, stormwater and drainage easements shall be centered on or adjacent to rear or side lot lines.
E. 
No structure or plantings, except for a lawn or herbaceous plantings, i.e., sedges, rushes, etc., shall be set or put within the area of a stormwater or drainage easement without prior approval of the Township.
F. 
Where a site is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage and adjacent riparian vegetation but not less than 50 feet, or as may be required or directed by the Township Engineer. The applicant or owner shall properly grade and seed slopes and fence any open ditches when it is deemed necessary by the Township Engineer.
G. 
The Township Board of Supervisors reserves the right to require an access easement to and over stormwater management systems and facilities in a form acceptable to the Township Solicitor.
H. 
All easements must be documented in the form of an easement agreement, approved by the Township Solicitor and recorded at the Recorder of Deeds for Montgomery County.

§ 58-9 Expiration of permit.

Every minor earth disturbance permit and BMP operations and maintenance plan shall expire and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issue, provided that the Township Engineer may, if the permit holder presents satisfactory evidence that unusual circumstances have prevented work being started or completed within the specified time limits, grant reasonable extensions of time, and provided that the application for extension of time is made before the date of expiration of the permit.

§ 58-10 Denial of permit; appeal.

A. 
The Township Engineer shall deny a minor earth disturbance permit or BMP operations and maintenance plan where, in his opinion, the work as proposed by the applicant may endanger any property or any street or alley or fails to meet Township standards. In determining whether the proposed work is likely to endanger any property or streets or alleys, or create hazardous conditions, the Township Engineer shall give due consideration to possible saturation by rains, earth movements, runoff of surface waters, and subsurface conditions such as the stratification and faulting of rock and the nature and type of the soil or rock.
B. 
Any appeals from a determination by or other action of the Township Engineer or by any person or agency enforcing this chapter may be made to the Zoning Hearing Board in accordance with Chapter 116 of the Code of Whitemarsh Township and the Pennsylvania Municipalities Planning Code.

§ 58-11 Maintenance responsibility.

A. 
Whenever sedimentation is caused by an earth disturbance activity, it shall be the responsibility of the person causing such sedimentation to remove it from all affected surfaces, drainage systems and watercourses, on site and off site, and to repair any damage at his expense immediately.
B. 
All stormwater management facilities and systems, including but not limited to retention and detention basins and BMPs designed and constructed for the purposes specified under this chapter, shall be maintained in proper working order in accordance with those design plans filed with the Township Engineer and shall be the responsibility of the property owner(s) upon whose property the facilities are located. In the case of a subdivision and/or land development, the Township may approve a homeowners' association or the execution of restrictive covenants to provide for the maintenance of the stormwater management facilities and systems and BMPs.
C. 
In order to ensure proper maintenance and function of stormwater management facilities and BMPs, the Township Engineer or his designee may perform inspections carried out on a random basis.
D. 
If at any time the Township Engineer or his designee discovers any violation or condition not conforming with those designs and plans filed with the Township in regard to the operation of a stormwater management facility or a BMP, he shall notify the responsible persons of the violation, informing them of the nature of such violation and the manner in which it shall be corrected.
E. 
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved minor earth disturbance permit or BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved minor earth disturbance permit or BMP operations and maintenance plan, unless an exception is granted in writing by the Township.
F. 
In the event the person shall refuse or neglect to comply with the provisions of this chapter or the requirements of the Township Engineer, and noncompliance is creating a danger to the health, safety and welfare of the community, the Board of Supervisors may take appropriate measures to correct the violation and assess all expenses of such measures against the person. The Board of Supervisors may seek reimbursement by any means permitted by law.
G. 
Responsibilities for operation and maintenance of BMPs
(1) 
The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:
(a) 
If a BMP operations and maintenance plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Township, stormwater BMPs may also be dedicated to, and maintained by, the Township.
(b) 
If a BMP operations and maintenance plan includes operation and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
(2) 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs shown on a BMP operations and maintenance lan.
(3) 
An as-built survey of all stormwater BMPs must be submitted to the Township in paper and digital (dwg) formats for all BMP operations and maintenance plans.
H. 
Operations and maintenance agreement for privately owned stormwater BMPs.
(1) 
Any regulated earth disturbance activity requires the property owner to sign an operations and maintenance agreement with the Township addressing all stormwater BMPs that are to be privately owned. The format of the agreement shall be consistent with the sample agreement attached as Appendix A of Resolution 2004- .[1]
[1]
Editor's Note: Said sample agreement is on file in Township offices.
(2) 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Township.
I. 
Municipal Stormwater BMP Operation and Maintenance Fund.
(1) 
If stormwater BMPs are accepted by the Township in dedication, the Township may require persons installing stormwater BMPs to pay a specified amount to the Municipal Stormwater BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(a) 
If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operations and maintenance for 10 years as determined by the Township.
(b) 
The amount shall then be converted to present worth of the annual series values.
(2) 
If a BMP is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Township may adjust the amount accordingly.

§ 58-12 Inspection.

A. 
The Township Engineer, or his authorized representative, shall make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with the provisions of this chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the Township Engineer may refuse to approve further work until approval is obtained for a revised minor earth disturbance plan or a BMP operations and maintenance plan conforming to existing conditions.
B. 
Plans for the earth disturbance activity, bearing the stamp of approval of the Township Engineer, shall be maintained at the site during the progress of the grading work and until the work has been completed.
C. 
The permit holder shall notify the Township Engineer in order to obtain inspections in accordance with the following schedule and at least 48 hours before the inspection is to be made:
(1) 
Initial inspection: when work on the excavation or fill is about to be commenced.
(2) 
Rough grading: when all rough grading has been completed.
(3) 
Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled.
(4) 
BMPs: when BMPs are to be installed and before such facilities are backfilled.
(5) 
Special structures: when excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(6) 
Final inspection: when all work, including the installation of all drainage and other structures, has been completed.
D. 
If at any stage of the work the Township Engineer shall determine by inspection that the nature of the excavation or fill activities are such that further work, as authorized by an existing permit, is likely to endanger property or streets or alleys or create hazardous conditions, the Township Engineer may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Township Engineer considers advisable to avoid such likelihood of danger. Safety precautions may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.
E. 
Right of entry.
(1) 
Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs in regard to any aspect governed by this chapter.
(2) 
BMP owners and operators shall allow persons working on behalf of the Township ready access to all parts of the premises for the purposes of determining compliance with this chapter.
(3) 
Persons working on behalf of the Township shall have the right to temporarily locate, on any BMP in the Township, such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMPs.
(4) 
Unreasonable delays in allowing the Township access to a BMP is a violation of this chapter.

§ 58-13 Revocation or suspension.

A. 
Any permit issued under this chapter may be revoked or suspended by the Township Engineer for:
(1) 
Violation of any condition of the permit.
(2) 
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance, hazard or endangering human life or the property of others.
B. 
Before such revocation, the Township Engineer shall if possible first give written notice to the permit holder and to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, within a specified time, the grading certificate may be revoked. If the defective condition is remedied, the certificate shall not be revoked.

§ 58-14 Performance bond and liability.

A. 
Bond required. The Township Engineer may, before issuing a permit, require a performance bond in a form and amount satisfactory to him and approved by the Township Solicitor, conditioned upon the faithful performance of the runoff, erosion control measures, BMPs and other conditions specified in the permit within the times specified, or within any extension thereof granted by the Township Engineer, in the amount of 110% of the total estimated cost of all runoff, erosion and sediment control measures, BMPs and safeguards of adjoining properties or, in the alternative, the posting of a letter of credit or deposit of funds equal to 110% of the cost of measures pursuant to a security agreement. No portion of said funds may be released except upon order of the owner, occupier, homeowners' association and the Township Engineer, or a designated official of the Township of Whitemarsh, for payment of the cost of labor, material and other costs of the installation of the aforesaid improvements. In the event that the owner, occupier or homeowners' association should fail to complete the improvements within a prescribed period of time, the Township shall have the right to demand and receive from the escrow account the amount then remaining in the escrow fund.
B. 
Default.
(1) 
Whenever the Township Engineer shall find that a default has occurred in the performance of any term or condition of the permit or bond, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Township Engineer to be reasonably necessary for the completion of such work.
(2) 
In the event of any default in the performance of any term or condition of the permit or the bond, Whitemarsh Township, the surety or any person employed or engaged on his behalf shall have the right, but not the obligation, to go upon the site to complete the required work or make it safe.
(3) 
In the event the Township of Whitemarsh undertakes the work, with the funds from the escrow fund, such escrow funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit. If the cost of the work exceeds the amount of the escrow fund or performance bond, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the Township.
(4) 
The Township Engineer shall submit a bill for all such excess costs and expenses to the Township. All such excess costs and expenses incurred by the Township shall be a personal obligation of the permittee and shall be a lien upon the premises. Whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered by the Township Engineer, the Township Solicitor may file a municipal claim or commence action for collection of such costs and expenses in the manner provided by law for the collection of debts and municipal claims.
C. 
Return of the bond. The performance bond, letter of credit, or escrow fund shall remain in force and effect until it is found that the work authorized by the permit has been satisfactorily completed in accordance with the requirements imposed upon final inspection of all earth-disturbing or site-improvement work. At such time, the Township Engineer will certify that the work is approved, and the performance bond, letter of credit, or escrow fund shall be returned to the applicant.
D. 
Liability insurance.
(1) 
If, in the opinion of the Township Engineer, the nature of the work is such that it may create a hazard to human life or endanger adjoining property at a higher or lower elevation, or any street improvement, or any other public property, then the Township Engineer may, before issuing the permit, require that the applicant file a certificate of insurance showing that he is insured against claims for damages for personal injury, bodily injury and property damage, including damage to the Township of Whitemarsh, by deposit or washing of material onto municipal streets or other public improvements, (which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor or any person directly or indirectly employed by or for him) in limits prescribed by the Township in accordance with the nature of the risks involved but not less than $1,000,000 bodily injury and $500,000 property damage, and including the Township as an additional insured. Such insurance shall be written by a company licensed to do business in the Commonwealth of Pennsylvania.
(2) 
Neither issuance of the permit nor compliance with the provisions hereto or any condition imposed by the Township Engineer shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the Township of Whitemarsh or its officers and employees for damage to persons or property.

§ 58-15 Prohibitions.

A. 
Prohibited discharges.
(1) 
No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's storm sewer system which are not composed entirely of stormwater, except as provided in Subsection A(2) below and discharges allowed under a state or federal permit.
(2) 
Discharges which may be permitted, based on a finding by the Township that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:
(a) 
Discharges from fire-fighting activities.
(b) 
Potable water sources, including dechlorinated waterline and fire hydrant flushings.
(c) 
Irrigation drainage.
(d) 
Routine external building wash down (which does not use detergents or other compounds).
(e) 
Air conditioning condensate.
(f) 
Water from individual residential car washing.
(g) 
Springs.
(h) 
Water from crawl-space pumps.
(i) 
Uncontaminated water from foundation or from footing drains.
(j) 
Flows from riparian habitats and wetlands.
(k) 
Lawn watering.
(l) 
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(m) 
Dechlorinated swimming pool discharges.
(n) 
Uncontaminated groundwater.
(3) 
In the event that the Township determines that any of the discharges identified in Subsection A(2) significantly contribute to pollution of waters of the commonwealth, or if so notified by DEP, the Township will notify the responsible person to cease the discharge.
(4) 
Upon notice provided by the Township under Subsection A(3), the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5) 
Nothing in this section shall affect a discharger's responsibilities under state law.
B. 
Prohibited connections. The following connections are prohibited; except as provided in § 58-15A(2) above:
(1) 
Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge, including sewage, process wastewater, and wash water, to enter the storm sewer system, and any connections to the storm drain system from indoor drains and sinks.
(2) 
Any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps or equivalent records and approved by the Township.
C. 
Roof drains.
(1) 
Roof drains shall generally not be connected to streets, sanitary or storm sewers or roadside ditches.
(2) 
When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted by the Township.
(3) 
Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable.
D. 
Alteration of BMPs.
(1) 
No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the written approval of the Township.
(2) 
No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement which would limit or alter the functioning of the BMP, without the written approval of the Township.

§ 58-16 Enforcement violations and penalties.

A. 
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provision of this chapter or any permit granted hereunder.
(1) 
The violation of any provision of this chapter is hereby deemed a public nuisance.
(2) 
Each day that a violation continues shall constitute a separate violation.
B. 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:
(1) 
The performance of monitoring, analyses, and reporting.
(2) 
The elimination of prohibited connections or discharges.
(3) 
Cessation of any violating discharges, practices, or operations.
(4) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
(5) 
Payment of a fine to cover administrative and remediation costs.
(6) 
The implementation of stormwater BMPs.
(7) 
Operation and maintenance of stormwater BMPs.
C. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee and the expense thereof shall be charged to the violator.
D. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
E. 
Any building, grading or other permit or approval issued by the Township may be suspended or revoked by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the permit.
(2) 
A violation of any provision of this chapter.
(3) 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
F. 
A suspended permit shall be reinstated by the Township when:
(1) 
The Township Engineer or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance; and/or
(2) 
The Township is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
G. 
A permit which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
H. 
Any person violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs of prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installations and over such period so of time as the District Justice deems to be just.
I. 
In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

§ 58-17 Appeals.

Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the relevant judicial or administrative body according to law, within the time period allowed.