[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."
[Amended 6-17-2025 by Ord. No. 426]
The Board of Supervisors of Whitpain Township finds as follows:
A.
Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases runoff volumes, 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, and increases nonpoint source pollution of water resources.
B.
A comprehensive program of stormwater management (SWM), including minimization of impacts of development and activities causing accelerated runoff and loss of natural infiltration, 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.
The use of green infrastructure and low impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of pre-development hydrology.
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/Mermaid Run and Plymouth Creek 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/Mermaid Run and Plymouth Creek Watershed areas of the Township.
[Amended 6-17-2025 by Ord. No. 426]
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/Mermaid Run and Plymouth Creek Watershed area within Whitpain Township.
B.
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, 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.
C.
Utilize and preserve the existing natural drainage systems as much as possible.
D.
Manage stormwater runoff impacts at their source by regulating activities that cause the problems, which requires a minimum of structures and relies on natural processes.
E.
Provide review procedures and performance standards for stormwater planning and management.
F.
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.
Prevent scour and erosion of stream banks and streambeds.
I.
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.
J.
Provide standards necessary to meet the National Pollutant Discharge Elimination System (NPDES) permit requirements.
K.
Implement an illegal discharge detection and elimination program to address nonstormwater discharges into Whitpain Township's separate storm sewer system.
[Amended 6-17-2025 by Ord. No. 426]
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)
Subdivisions.
(3)
Redevelopment.
(4)
Alteration of the natural hydrologic regime.
(5)
Construction of new or additional impervious surfaces (driveways, parking lots, etc.), including residential subdivision with improvements, such as roads, curbs, sewer, etc.
(6)
Construction of new buildings or additions to existing buildings.
(7)
Diversion or piping of any natural or man-made stream channel.
(8)
Installation of stormwater systems or appurtenances thereto.
(9)
Earth disturbance activities greater than or equal to 5,000 square feet.
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; 6-17-2025 by Ord. No. 426]
B.
Agricultural activity is exempt from the stormwater management plan preparation requirements of this Part, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
C.
Forest management and timber operations are exempt from the stormwater management plan preparation requirements of this Part, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
D.
Exemptions from any provisions of this Part shall not relieve the applicant from the requirements in § 125-9A.
E.
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
F.
Any regulated activity that meets the following 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.
G.
The following table summarizes the exemptions from certain requirements in this Part 1, and includes new, additional impervious surface/cover on existing improved residential lots.
Stormwater Management Exemption Criteria (Improved Residential Lot/Parcel) | |
|---|---|
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 |