[Amended 9-20-2016 by Ord. No. 350; 6-17-2025 by Ord. No. 426[1]]
A. 
No regulated earth disturbance activities within Whitpain Township shall commence until approval by Whitpain Township of the stormwater management site plan or BMP operations and maintenance plan which describes how the permanent (e.g., postconstruction) stormwater BMPs will be properly operated and maintained.
B. 
The municipality shall not approve any stormwater management site plan or BMP operations and maintenance plan that is deficient in meeting the requirements of this Part. At its sole discretion and in accordance with this article, when a stormwater BMP operations and maintenance plan is found to be deficient, the municipality may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the municipality may accept submission of modifications.
C. 
Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, must be provided as necessary to implement the BMP operation and maintenance (O&M) plan.
D. 
The stormwater management site plan shall provide the following information:
(1) 
The overall stormwater management concept for general description of the project.
(2) 
A determination of site conditions in accordance with the BMP Manual. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, and other environmentally sensitive areas, such as brownfields.
(3) 
Complete hydrologic, hydraulic, and structural computations for all stormwater management facilities. Stormwater runoff design computations and documentation as specified in this Part, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this Part, including the recommendations and general requirements in this section.
(4) 
Expected project time schedule.
(5) 
An erosion and sediment control plan. The applicant is required to obtain a letter of approval or adequacy from the Conservation District for the erosion and sedimentation control plan.
(6) 
The effect of the project (in terms of runoff volumes, water quality, and peak flows) on surrounding properties and aquatic features and on any existing stormwater conveyance system that may be affected by the project.
(7) 
Plan and profile drawings of all SWM BMPs, including drainage structures, pipes, open channels, and swales.
(8) 
The stormwater management plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells.
(9) 
A justification must be included in the stormwater management plan if BMPs other than green infrastructure methods and LID practices are proposed to achieve the volume, rate and water quality controls under this Part.
(10) 
The stormwater management plan shall include an O&M plan for all existing and proposed physical stormwater management facilities. This plan shall address long-term ownership and responsibilities for O&M as well as schedules and costs for O&M activities.
(11) 
The SWM site plan permit application with the required SWM site plan permit fee as listed in the Township Fee Schedule.
E. 
Maps.
(1) 
Prepare an existing resource and site analysis map (ERSAM) showing environmentally sensitive areas, including, but not limited to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, vernal pools, stream buffers, floodplains, hydrologic soil groups, closed topographic depressions and recharge areas. Land development, existing recharge areas, and any other requirements specifically outlined in the municipal SALDO also shall be included.
(2) 
The contents of the map(s) shall include, but not be limited to:
(a) 
The location of the project relative to highways, municipal boundaries, or other identifiable landmarks.
(b) 
Existing contours at intervals of two feet or less. In areas of slopes greater than 10%, five-foot contour intervals may be used.
(c) 
Existing streams, lakes, ponds, or other waters of the commonwealth within the project area.
(d) 
Other physical features, including flood hazard boundaries, stream buffers, existing drainage courses, areas of natural vegetation to be preserved, and the total extent of the upstream area draining through the site.
(e) 
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines.
(f) 
A map, which may be done as an overlay, showing soil names and boundaries.
(g) 
Limits of earth disturbance, including the type and amount of impervious area that is proposed.
(h) 
Proposed structures, roads, paved areas, and buildings.
(i) 
Final contours at intervals of two feet or less. In areas of steep slopes (greater than 10%), five-foot contour intervals may be used.
(j) 
The name of the development, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.
(k) 
The date of submission.
(l) 
A graphic and written scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, the scale shall be one inch equals no more than 100 feet.
(m) 
A North arrow.
(n) 
The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.
(o) 
Existing and proposed land use(s).
(p) 
A key map showing all existing man-made features beyond the property boundary that would be affected by the project.
(q) 
Location of all open channels.
(r) 
Overland drainage patterns and swales.
(s) 
A 15-foot-wide access easement around all stormwater management facilities or a blanket easement over subject property to provide ingress to and egress from a public right-of-way, where necessary or appropriate, at discretion of the municipality.
(t) 
The location of all erosion and sediment control facilities.
(u) 
A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located off site. All off-site facilities shall meet the performance standards and design criteria located within this municipality.
(v) 
A statement, signed by the applicant, acknowledging that any revision to the approved drainage plan must be approved by the municipality, and that a revised erosion and sediment control plan must be submitted to the municipality and County Conservation District for approval.
(w) 
The following signature block for the Design Engineer:
"I, (Design Engineer), on this date (date of signature), hereby certify that this drainage plan meets all requirements of the Department of Environmental Protection's (DEP's) regulations and the Stormwater Management Ordinance of Whitpain Township."
(x) 
The SWM site plan and existing resource and site analysis map (ERSAM) shall be signed and sealed by a professional engineer or professional land surveyor licensed in the Commonwealth of Pennsylvania.
F. 
Supplemental information to be submitted to the municipality.
(1) 
The following information shall be submitted by the applicant and shall include:
(a) 
The overall stormwater management concept for the project designed.
(b) 
Stormwater runoff computations required by this Part.
(c) 
Stormwater management techniques to be applied both during and after development.
(d) 
Expected project time schedule.
(e) 
Development stages or project phases, if so proposed.
(f) 
An operations and maintenance (O&M) plan in accordance with this Part.
(g) 
Results from any soil infiltration testing performed in support of an infiltration BMP.
(2) 
A description of the effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing municipal stormwater collection system that may receive runoff from the project site.
(3) 
An approved highway occupancy permit from the Pennsylvania Department of Transportation (PennDOT) district office when drainage towards PennDOT property is proposed.
(4) 
Stormwater management facilities.
(a) 
When infiltration measures such as seepage pits, beds, or trenches are used, the locations of existing and proposed septic tank infiltration areas and wells must be shown.
(b) 
All calculations, assumptions, and criteria used in the design of the stormwater management facilities must be shown.
G. 
The following items shall be included in the BMP operations and maintenance plan:
(1) 
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) 
Clear identification of the location and nature of permanent stormwater BMPs;
(b) 
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
(c) 
Existing and final contours at intervals of two feet, or others as appropriate;
(d) 
Existing streams, lakes, ponds, or other bodies of water within the project site area;
(e) 
Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
(f) 
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;
(g) 
Plan and profile drawings of all SWM BMPs, including drainage structures, pipes, open channels, and swales;
(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; and
(j) 
A fifteen-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 plan; and
(4) 
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.
H. 
Authorization to construct and term of validity. The municipality's approval of a stormwater management plan authorizes the regulated activities contained in the stormwater management plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific stormwater management plan. Terms of validity shall commence on the date the municipality signs the approval for a stormwater management plan. If an approved stormwater management plan is not completed according to § 125-13F within the term of validity, then the municipality may consider the stormwater management plan disapproved and may revoke any and all permits. Stormwater management plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 125-13 of this Part.
I. 
As-built plans, completion certificate, and final inspection.
(1) 
The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved stormwater management plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the municipality.
(2) 
The as-built submission shall include a certification of completion signed by a qualified person verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. The latitude and longitude coordinates for all permanent SWM BMPs must also be submitted, at the central location of the BMPs. If any licensed qualified persons contributed to the construction plans, then a licensed qualified person must sign the completion certificate.
(3) 
After receipt of the completion certification by the municipality, the municipality may conduct a final inspection.
[1]
Editor's Note: This ordinance also amended the title of this Article IV from "Stormwater BMP Operations and Maintenance Plan Requirements" to its current title.
A. 
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) 
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) 
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. 
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.
[Amended 6-17-2025 by Ord. No. 426]
A. 
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. 
Whitpain Township shall notify the applicant in writing whether the BMP operations and maintenance plans are approved.
C. 
Whitpain Township may require an as-built survey of all stormwater BMPs, and an explanation of any discrepancies with the approved 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. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Municipal Engineer.
B. 
Stormwater management easements shall be provided by the property owner if necessary for:
(1) 
Access for inspections and maintenance; or
(2) 
Preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner.
C. 
The purpose of the easement shall be specified in any agreement under § 125-17.
A. 
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]
(1) 
The operations and maintenance plan, or a summary thereof;
(2) 
Operations and maintenance agreements under § 125-17; and
(3) 
Easements under § 125-18.
B. 
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. 
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:
(1) 
If the BMP is to be owned and maintained by Whitpain Township, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by Whitpain Township.
(2) 
The amount shall then be converted to present worth of the annual series values.
B. 
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.