[Ord. 691, 9/10/2009; as amended by Ord. 737, 1/19/2017]
For any of the regulated activities of this Part 4, prior to the final approval of subdivision and/or land development plans, or the issuance of any permit, or the commencement of any land disturbance activity, the owner, subdivider, developer or his agent shall submit a stormwater management plan for approval by the Board of Supervisors unless exempt under the provision of § 26-406. In addition to the requirement of this Part 4D, the plan shall meet the requirements of Title 25, Rules and Regulations of the DEP, Chapter 102, Erosion and Sediment Control, Chapter 105, Dam Safety and Waterway Management, and Chapter 106, Floodplain Management.
[Ord. 691, 9/10/2009]
The following items must be included in the stormwater management plan:
A. 
Written report.
(1) 
General description of project.
(2) 
Feasibility analysis that evaluates the potential application of infiltration, flow attenuation, bioretention, wetland or wet pond BMPs, including rationale for those developments not intending to use such facilities. Analysis shall provide:
(a) 
General assessment of the anticipated additional runoff based on design storms and post-development condition and utilizing the calculation procedures required in § 26-426.
(b) 
Indication of drainage areas on the development site resulting in impervious, pervious, and rooftop runoff.
(c) 
Indication of type of land use (residential, nonresidential) generating the impervious surface runoff.
(d) 
Delineation of soils on the site based on the Official Soil Survey provided by the U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/) and on-site soil study. Soil study shall be conducted by a soil scientist and shall include sufficient probes/deep holes to evaluate application of BMPs.
[Amended by Ord. 737, 1/19/2017]
(e) 
Indication of soils generally suitable for infiltration and/or wet pond/artificial wetland BMPs, including specification of those soils requiring modifications.
(f) 
Rationale for the decision to not proceed with implementation of wet pond or artificial wetland BMPs such as insufficient soil suitability.
(g) 
Rationale for not proceeding with infiltration-oriented BMPs in accordance with § 26-425, Subsection 3, of this Part 4.
(3) 
General description of proposed stormwater management controls and facilities both during and after development, including operation and maintenance requirements for each facility and responsible party for maintenance.
(4) 
General description of erosion and sediment controls, including those contained in any required erosion and sediment control plan.
(5) 
Complete hydrologic, hydraulic, and structural computations for all stormwater management facilities.
B. 
Maps.
(1) 
Drafting standards:
(a) 
The plan shall be drawn at a scale of one inch equals 100 feet or greater.
(b) 
Dimensions shall be set in feet and decimal parts thereof; and bearings in degrees, minutes and seconds.
(c) 
Each sheet shall be numbered and shall show its relationship to the total number of sheets.
(d) 
The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.
(e) 
The boundary line of the subdivision or land development shall be shown as a solid heavy line.
(f) 
Plans shall be on sheets no smaller than 18 inches by 24 inches and no larger than 30 inches by 42 inches.
(2) 
General information:
(a) 
Name or identifying title of project and tax parcel number (if applicable).
(b) 
Total acreage of the tract and area to be disturbed.
(c) 
Name and address of the owner/applicant/developer, and name and address of individual who prepared the plan.
(d) 
A location map for the purpose of locating the site at a scale not less than 800 feet to the inch showing the relation of the tract to adjoining property and to all streets, roads and Township boundaries existing within 1,000 feet of any part of the tract.
(e) 
Plan date and date of latest revision to plan, North point, graphic scale, and written scale.
(f) 
Note on plan indicating any area that is to be offered for dedication.
(g) 
Certificate, signed and sealed by an individual registered in the Commonwealth of Pennsylvania and qualified to perform such duties, indicating compliance with the provisions of this Part 4: "(Design engineer), on this date (date of signature), has reviewed and hereby certifies that the stormwater management plan meets all design standards and criteria of the Warminster Township Stormwater Management Ordinance."
(h) 
Statement on the plan acknowledging the stormwater BMPs and management facilities to be a permanent fixture that can be altered or removed only after approval by the Township of a revised plan which shall be applicable to all future landowners.
(3) 
Existing features:
(a) 
Complete outline survey of the property to be subdivided or developed shall be provided showing all courses, distances and area, and tie-ins to all adjacent intersections.
(b) 
The location, names and widths of streets, the location of property lines and names of owners within 200 feet; the location of streams, lakes, ponds or other watercourses outside the project area which will be affected by runoff from the project.
(c) 
The location, size, and ownership of all underground utilities and services (e.g., wells, on-site sewage disposal systems), storm drains, channels, and similar features within 200 feet of property boundary, and any rights-of-way or easements within the property.
(d) 
The location of existing buildings, streets and other significant features within the property, the location and area of all floodplains, forests, lakes, ponds, watercourses (including drainage swales), wetlands, slopes 8% to 15%, steep slopes 15% to 25%, and very steep slopes 25% or steeper.
(e) 
Contours at vertical intervals of two feet, vertical intervals of five feet for very steep slopes (greater than 25%).
(f) 
An overlay showing soil types and boundaries and a statement as to where the soils data was obtained. Overlay shall include a table identifying each soil type, hydrologic soil group, construction limitations and resolutions.
(g) 
Stormwater management district boundaries and subwatersheds applicable to the site.
(4) 
Proposed features:
(a) 
Proposed land use, total number of lots and dwelling units, and extent of commercial, industrial or other nonresidential uses.
(b) 
Locations and dimensions of all proposed streets, sidewalks, lot lines, building locations, parking compounds, impervious and semi-impervious surfaces (total area), sanitary sewer facilities, water facilities, and areas proposed for public dedication.
(c) 
Proposed changes to land surface and vegetative cover, including areas to be cut or filled as shown on a plan for surface drainage.
(d) 
Final contours at vertical intervals of two feet, vertical intervals of five feet for very steep slopes (greater than 25%).
(e) 
Plans and profiles of proposed stormwater management facilities, including horizontal and vertical location, size, and type of material. This information shall be of the quality required for the construction of all facilities and include all calculations, assumptions, and criteria used in the design of the facilities.
(f) 
Construction detail(s) of all proposed stormwater management facilities and appurtenances.
(g) 
Operation and maintenance requirements for all stormwater management facilities, including responsible party or parties.
(h) 
The locations of septic tank infiltration areas and wells when infiltration methods such as cisterns, seepage beds or trenches, infiltration basins or porous pavement are used. Also, soil test data and test locations to substantiate infiltration rates used in the drainage calculations.
(i) 
Plans and details of all erosion and sediment control measures, temporary as well as permanent, including all calculations, assumptions, and criteria used in designing the controls, and a schedule for their implementation.
(j) 
An encroachment map which illustrates:
1) 
All natural features.
2) 
A preliminary grading plan which illustrates all disturbance of the identified natural feature areas and the amount of each natural feature disturbed indicated and illustrated on the encroachment map.
(k) 
Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities or other reasons. Easements shall be provided for all stormwater management facilities on private property with access to public right-of-way and sufficient clearance to perform all maintenance requirements.
C. 
Description of an ownership and maintenance program, in a recordable form, that clearly sets forth the ownership and maintenance responsibility for all temporary and permanent stormwater management facilities, including the following:
(1) 
Description of the method and extent of the maintenance requirements.
(2) 
When maintained by a private entity, identification of a responsible individual, corporation, association or other entity for ownership and maintenance. Deed covenants and restrictions must be submitted to provide for maintenance by this entity.
(3) 
When maintained by a private entity, a copy of the legally binding document which provides that Warminster Township shall have the right to:
(a) 
Inspect the facilities at any time.
(b) 
Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.
(c) 
Authorize maintenance to be done and lien the cost of the work against the properties of the private entity responsible for maintenance.
(4) 
Where the stormwater management plan proposes that Warminster Township own or maintain the facilities, a description of the methods, procedures, and the extent to which any facilities shall be turned over to Warminster Township.
D. 
Financial security for the completion of stormwater management facilities as set forth in § 26-453 of this Part 4.
E. 
Maintenance guarantee, as set forth in § 26-453 of this Part 4.
F. 
When a stormwater management plan is submitted in sections, a generalized stormwater management plan for the entire project site shall be submitted in addition to the detailed stormwater management plan for the proposed section. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted stormwater management plan.
G. 
The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:
(1) 
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 the municipality, stormwater controls and BMPs may also be dedicated to and maintained by the municipality.
(2) 
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 controls and BMPs shall be the responsibility of the owner or private management entity.
H. 
The municipality shall make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
[Ord. 691, 9/10/2009]
1. 
For regulated activities specified in § 26-405, Subsection 3A and B:
A. 
The stormwater management plan shall be submitted by the developer to the Code Enforcement Officer as part of the preliminary plan submission for the subdivision or land development.
B. 
Four copies of the stormwater management plan shall be submitted.
C. 
Distribution of the stormwater management plan shall be made by the Code Enforcement Officer as follows:
(1) 
One copy to the Board of Supervisors.
(2) 
One copy to the Planning Commission.
(3) 
One copy to the Township Engineer.
(4) 
One copy to the Township file.
D. 
Applicant shall be responsible to make applications to Buck County Planning Commission and Bucks County Conservation District. The Township shall be copied on all correspondence.
2. 
For all other regulated activities specified under § 26-405, Subsection 3:
A. 
The stormwater management plan application shall be submitted by the property owner to the Code Enforcement Officer as part of the earth disturbance permit.
[Amended by Ord. 737, 1/19/2017]
B. 
The stormwater management plan shall be accompanied by the requisite fee as set forth in § 26-452 of this Part 4.
C. 
Two copies of the stormwater management plan shall be submitted.
D. 
Distribution of the stormwater management plan shall be made by the Code Enforcement Officer as follows:
(1) 
One copy to the Township Engineer.
(2) 
One copy to the Township file.
E. 
Applicant shall be responsible to make applications to Bucks County Conservation District. The Township shall be copied on all correspondence.
3. 
For regulated activities requiring permits from PADEP or the U.S. Army Corps of Engineers, the applicant shall make all submittals directly to the agency with all required submittal documents and fees. The Township shall be copied on all correspondence.
[Ord. 691, 9/10/2009]
1. 
The Board of Supervisors shall review, and approve or disapprove, the stormwater management plan submitted pursuant to § 26-433, Subsection 1, within a time frame consistent with established procedures under the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) and Chapter 22, Subdivision and Land Development, of the Code of the Township of Warminster.
2. 
The Township Building Permit/Zoning Officer shall review, and approve or disapprove, the stormwater management plan submitted pursuant to § 26-433, Subsection 2, within 30 days following formal submission of the plan.
3. 
The Township Engineer shall review the stormwater management plan for consistency with the adopted Neshaminy Creek Watershed Stormwater Management Plan, which includes the Little Neshaminy Creek Watershed, and Pennypack Creek Watershed Stormwater Management Plan, as applicable, as embodied by this Part 4 and against any additional storm drainage provisions contained in Chapter 22, Subdivision and Land Development, or Chapter 27, Zoning, as applicable.
[Amended by Ord. 737, 1/19/2017]
4. 
The Bucks County Planning Commission (BCPC or appointed representative) shall provide an advisory review of the stormwater management plan for consistency with the Neshaminy Creek Watershed Stormwater Management Plan, which includes the Little Neshaminy Creek Watershed, and Pennypack Creek Watershed Stormwater Management Plan, as applicable.
[Amended by Ord. 737, 1/19/2017]
5. 
Any subdivision or land development (regulated activities § 26-405, Subsection 3A and B) or building permit application (regulated activities § 26-405, Subsection 3C and D) shall not be approved if the stormwater management plan has been found to be inconsistent with the Neshaminy Creek Watershed Stormwater Management Plan, which includes the Little Neshaminy Creek Watershed, or Pennypack Creek Watershed Stormwater Management Plan.
[Amended by Ord. 737, 1/19/2017]
6. 
The decision of the Board of Supervisors concerning stormwater management plans submitted pursuant to § 26-433, Subsection 1, shall be in writing and shall be communicated to the developer personally or mailed to him at his last known address no later than 15 days following the decision. When the stormwater management plan is not approved in terms as submitted, the decision shall specify the defects found in the stormwater management plan and describe the requirements which have not been met and shall, in each case, cite the provisions of the ordinance relied upon. Failure of the Board of Supervisors to render a decision and communicate it to the developer within the time and in the manner required herein shall be deemed an approval of the stormwater management plan in terms as presented unless the developer has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
7. 
The municipality shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this Part 4, and any permits issued by DEP.
8. 
The municipality shall notify the applicant, in writing, whether the stormwater control and BMP operations and maintenance plan is approved.
9. 
The municipality shall require an as-built drawing of all stormwater controls and BMPs, and an explanation of any discrepancies with the operations and maintenance plan.
[Ord. 691, 9/10/2009]
A modification to a submitted stormwater management plan for a proposed development site which involves a change in control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the stormwater management plan (as determined by the Township Engineer) shall require a resubmission of the modified stormwater management plan consistent with § 26-433 subject to review per § 26-434 of this Part 4. Minor design changes may be permitted as authorized by the Board of Supervisors and advised by the Township Engineer without submission consistent with § 26-433 and § 26-434 of this Part 4. It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.
[Ord. 691, 9/10/2009; as amended by Ord. No. 769, 9/8/2022]
1. 
The applicant shall sign an operations and maintenance agreement with the municipality covering all stormwater controls and BMPs that are to be privately owned. The maintenance agreement shall be transferred with transfer of ownership. The agreement shall be substantially the same as the agreement in Appendix E.[1] Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land. The O&M plan and O&M agreement shall be recorded as a restrictive deed covenant that runs with the land.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
2. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the municipality.
3. 
The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
[Ord. 691, 9/10/2009]
1. 
Stormwater management easements are required for all areas used for stormwater control located on private property, unless a waiver is granted by the Board of Supervisors.
2. 
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance, or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 26-436.
[Ord. 691, 9/10/2009]
1. 
The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Bucks County, within 15 days of approval of the stormwater control and BMP operations plan by the municipality:
A. 
The operations and maintenance plan, or a summary thereof;
B. 
Operations and maintenance agreements under § 26-436; and
C. 
Easements under § 26-437.
2. 
The municipality may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this section.
[Added by Ord. No. 769, 9/8/2022]
A disapproved SWM site plan may be resubmitted, with the revisions addressing the Township's concerns, to the Township in accordance with this Part 4. The applicable review fee must accompany a resubmission of a disapproved SWM site plan.