[Amended 9-20-2016 by Ord. No. 350]
This Part 1 shall be known as the "Whitpain Township Stormwater Management Ordinance for Watersheds Other than the Wissahickon."
The Board of Supervisors of Whitpain Township finds as follows:
A. 
Concerns of inadequate stormwater management. Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, generally increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge and threatens public health and safety.
B. 
Desirability of plan. A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of the people of the municipality and all the people of the commonwealth, their resources and the environment.
C. 
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.
D. 
A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Whitpain Township and all the people of the commonwealth, their resources, and the environment.
E. 
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
F. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
G. 
Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
H. 
Nonstormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by Whitpain Township.
I. 
Within Whitpain Township there are multiple watershed areas, including the Stony Creek/Saw Mill Run Watershed Area, and the Township finds that in addition to the general requirements for stormwater management in all the other watershed areas within Whitpain Township, additional requirements and regulations are desirable for all stormwater management of the Stony Creek/Saw Mill Run Watershed areas of the Township.
The purpose of this Part 1 is to promote health, safety, and welfare within Whitpain Township and its watersheds by minimizing the harms and maximizing the benefits described in § 125-2 of this Part 1, through provisions designed to:
A. 
Establish stormwater management requirements and practices for all watershed areas located in Whitpain Township and to adopt additional requirements for the Stony Creek/Saw Mill Run Watershed area within Whitpain Township.
B. 
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
C. 
Provide review procedures and performance standards for stormwater planning and management.
D. 
Utilize and preserve the existing natural drainage systems as much as possible.
E. 
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
F. 
Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and ground water quality and to otherwise protect water resources.
G. 
Maintain existing flows and quality of streams and watercourses.
H. 
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.
I. 
Prevent scour and erosion of stream banks and streambeds.
J. 
Provide for proper operations and maintenance of all permanent stormwater facilities, including best management practices (hereinafter referred to as "BMPs") that are implemented in the Whitpain Township.
K. 
Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.
L. 
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into Whitpain Township's separate storm sewer system.
The Whitpain Township Board of Supervisors is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), the Storm Water Management Act,[1] the Second Class Township Code, §§ 2701 through 2704, as amended,[2] and the Municipalities Planning Code, Act of June 9, 1978, P.L. 460, as amended (hereinafter "MPC").[3]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[2]
Editor's Note: See 53 P.S.§§ 67701 through 67704.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
This Part 1 applies to any regulated earth disturbance activities within Whitpain Township, and all stormwater runoff entering into Whitpain Township's separate storm sewer system from lands within the boundaries of Whitpain Township.
B. 
Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This Part 1 shall operate in coordination with those parallel requirements, the requirements of this Part 1 being no less restrictive in meeting the purposes of this Part 1 than the laws of the Commonwealth of Pennsylvania.
C. 
This Part 1 shall apply to those areas of Whitpain Township which are located in the Stony Creek or Saw Mill Run Watershed basins and subwatershed areas as are delineated by a map showing said areas which is adopted by the Township and available for public inspection at the Township offices.
D. 
This Part 1 shall also apply to all other areas of Whitpain Township which are located in any other watersheds, basins or subwatershed areas within Whitpain Township.
E. 
Duty of property owner/applicant. It shall be the responsibility of the property owner or applicant proposing use or development within the watershed or subwatershed basins to determine his, her or its property in relation to the watershed or subwatershed boundary or boundaries.
F. 
Disputes. Should any dispute arise concerning the location of any property with respect to the watershed or subwatershed boundary or boundaries, the decision of the Township shall be final and controlling.
G. 
Permanent facilities. This Part 1 shall only apply to permanent stormwater management facilities constructed as part of any of the regulated activities hereinafter defined. (See § 125-5H below.) Any temporary stormwater management procedures or temporary erosion and sedimentation techniques, mechanisms or devices employed during construction involved in any of the activities are specifically excluded from the provisions of this Part 1; however, such temporary facilities or procedures shall continue to be regulated under existing laws and ordinances, including but not limited to the authority of the Montgomery County Soil Conservation Service.
H. 
Regulated activities. The following activities are defined as regulated activities and shall be regulated by this Part 1, except those that meet the waiver specifications presented thereafter:
(1) 
Land development.
(2) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.), including residential subdivision with improvements, such as roads, curbs, sewer, etc.
(3) 
Construction of new buildings or additions to existing buildings.
(4) 
Diversion or piping of any natural or man-made stream channel.
(5) 
Installation of stormwater systems or appurtenances thereto.
A. 
Approvals issued and actions taken under this Part 1 do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this Part 1 imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this Part 1 shall be followed.
B. 
Nothing in this Part 1 shall be construed to affect any of Whitpain Township's requirements regarding stormwater matters which do not conflict with the provisions of this Part 1, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this Part 1 addressing state water quality requirements.
[Amended 9-21-2004 by Ord. No. 280-1]
Any regulated activity that meets the following exception criteria shall be exempt from the provisions of this Part 1. This exemption criteria shall apply to the totality of any development which meets the criteria regardless of whether it is undertaken in phases. The date of the adoption of this Part 1 shall be considered the commencement date or starting point from which to consider tracts as parent tracts in which future subdivisions and respective impervious area computations shall be cumulatively considered. Exemption shall not relieve an applicant from implementing such measures as are necessary to protect the health, safety and property within Whitpain Township.
Stormwater Management Exemption Criteria
Total Parcel Size
(acres)
Impervious Area
(square feet)
0 - 0.5
300
Greater than 0.5 - 1
500
Greater than 1 - 2
1,000
Greater than 2 - 5
2,000
Greater than 5
3,000