A.Â
No regulated earth disturbance activities within Whitpain
Township shall commence until approval by Whitpain Township of BMP
operations and maintenance plan which describes how the permanent
(e.g., postconstruction) stormwater BMPs will be properly operated
and maintained.
B.Â
The following items shall be included in the BMP operations
and maintenance plan:
(1)Â
Map(s) of the project area, in a form that meets the
requirements for recording at the offices of the Recorder of Deeds
of Montgomery County, and shall be submitted on twenty-four-inch-by-thirty-six-inch
or thirty-inch-by-forty-two-inch sheets. The contents of the maps(s)
shall include, but not be limited to:
(a)Â
Clear identification of the location and nature
of permanent stormwater BMPs;
(b)Â
The location of the project site relative to
highways, municipal boundaries or other identifiable landmarks;
(c)Â
Existing and final contours at intervals of
two feet, or others as appropriate;
(d)Â
Existing streams, lakes, ponds, or other bodies
of water within the project site area;
(e)Â
Other physical features, including flood hazard
boundaries, sinkholes, streams, existing drainage courses, and areas
of natural vegetation to be preserved;
(f)Â
The locations of all existing and proposed utilities,
sanitary sewers, and water lines within 50 feet of property lines
of the project site;
(g)Â
Proposed final changes to the land surface and
vegetative cover, including the type and amount of impervious area
that would be added;
(h)Â
Proposed final structures, roads, paved areas,
and buildings; and
(i)Â
A fifteen-foot-wide access easement around all
stormwater BMPs that would provide ingress to and egress from a public
right-of-way.
(2)Â
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)Â
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 plan; and
(4)Â
A statement, signed by the landowner, acknowledging
that the stormwater BMPs are fixtures that can be altered or removed
only after approval by Whitpain Township.
A.Â
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:
(1)Â
If a 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 Whitpain Township, stormwater
BMPs may also be dedicated to and maintained by Whitpain Township.
(2)Â
If a plan includes operations and maintenance by a
single ownership, or if sewers and other public improvements are to
be privately owned and maintained, then the operation and maintenance
of stormwater BMPs shall be the responsibility of the owner or private
management entity.
B.Â
Whitpain Township shall make the final determination
on the continuing operations and maintenance responsibilities. Whitpain
Township reserves the right to accept or reject the operations and
maintenance responsibility for any or all of the stormwater BMPs.
A.Â
Whitpain Township shall review the BMP operations
and maintenance plan for consistency with the purposes and requirements
of this Part 1, and any permits issued by DEP.
B.Â
Whitpain Township shall notify the applicant in writing
whether the BMP operations and maintenance plan is approved.
C.Â
Whitpain Township may require an as-built survey of
all stormwater BMPs, and an explanation of any discrepancies with
the operations and maintenance plan.
It shall be unlawful to alter or remove any
permanent stormwater BMP required by an approved BMP operations and
maintenance plan, or to allow the property to remain in a condition
which does not conform to an approved BMP operations and maintenance
plan, unless an exception is granted in writing by Whitpain Township.
[Amended 1-4-2016 by Ord.
No. 345]
The property owner shall sign an operations and maintenance
agreement with Whitpain Township covering all stormwater BMPs that
are to be privately owned. The terms and conditions of the operations
and maintenance agreement shall be to the satisfaction of the Township
Solicitor and subject to the approval of the Township.
A.Â
The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds for Montgomery County, within 30 days of approval of the
BMP operations plan by Whitpain Township:
[Amended 1-4-2016 by Ord.
No. 345]
B.Â
Whitpain Township may suspend or revoke any approvals
granted for the project site upon discovery of the failure of the
owner to comply with this section.
A.Â
If stormwater BMPs are accepted by Whitpain Township
for dedication, Whitpain 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:
B.Â
If a BMP is proposed that also serves as a recreation
facility (e.g., ball field, lake), Whitpain Township may adjust the
amount due accordingly.
