Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 7-13-2015 by Ord. No. 2015-3.[1] amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 8.
Building construction — See Ch. 108.
Commercial Maintenance Code — See Ch. 114.
Uniform Construction Code — See Ch. 116.
Contractors — See Ch. 118.
Electrical standards — See Ch. 125.
Grading, drainage and erosion control — See Ch. 159.
Housing — See Ch. 170.
Plumbing — See Ch. 206.
Sewers — See Ch. 235.
Stormwater Management — See Ch. 257.
Subdivision of land — See Ch. 265.
Zoning — See Ch. 300.
[1]
Editor’s Note: This ordinance also repealed former Ch. 143, Floodplain Management, adopted 8-8-1977 by Ord. No. 77-14 (Ch. 46 of the 1971 Code), as amended.

§ 143-1 Intent.

A. 
The intent of this chapter is to protect areas of floodplain subject to and necessary for the containment of floodwaters, provide adequate protection for flood-prone properties and comply with federal and state floodplain management requirements.
B. 
Specific objectives include the following:
(1) 
Promotion of the general health, welfare, and safety of the community;
(2) 
Encouragement of the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(3) 
Prevention of the construction of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard;
(4) 
Minimization of danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage;
(5) 
Permitting only those uses that can be appropriately located in the floodplain and that will not impede the flow or storage of floodwaters, or otherwise cause danger to life and property at, above or below site locations along the floodplain;
(6) 
Protection of landowners adjacent to a floodplain and those upstream and downstream from a site along the floodplain from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters;
(7) 
Reduction in the financial burdens imposed on the community, its governmental units and its residents, by preventing excessive development in areas subject to flooding, and the protection of the entire township from uses of land that may result in subsequent expenditures for public works and disaster relief and that may adversely affect the economic well-being of the township;
(8) 
Maintenance of an ecological balance among natural systems, including wildlife, vegetation and marine life, that are dependent upon watercourses and water areas;
(9) 
Protection of other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding;
(10) 
Provision of areas for the deposition of flood-borne sediment;
(11) 
Protection of uses vulnerable to floods, including public facilities, in accordance with the requirement of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.

§ 143-2 Applicability and scope; definitions.

A. 
This chapter regulates the circumstances in which any use may occur in a floodplain.
B. 
Overlay.
(1) 
The floodplain conservation district shall be an overlay to the underlying existing zoning, as shown on the official zoning map accompanying this chapter,[1] in those areas identified as floodplain areas of the Township in § 143-3. In those identified floodplain areas, the requirements of the Floodplain Conservation District shall be met in addition those of the underlying district.
[1]
Editor's Note: Said map is on file in the Township offices.
(2) 
In the case of a conflict between any of the provisions or requirements of the floodplain district and those of any underlying district, the more restrictive provisions shall apply.
C. 
It shall be unlawful of any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township unless a permit has been obtained from the Floodplain Administrator.
D. 
A permit shall not be required for minor repairs to existing buildings or structures.
E. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of a building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
COMPLETELY DRY SPACE
A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling; grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
ESSENTIALLY DRY SPACE
A space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Township.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special food hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement) of a building. An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter, and includes any subsequent improvements thereto. Any construction started after September 1, 1977, and before the effective date of this chapter is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the Township's initial Flood Insurance Rate Map (FIRM) dated September 1, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the Township's initial Flood Insurance Rate Map (FIRM) dated September 1, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
Flood related damages sustained by a structure on two or more separate occasions during a ten-year rolling period for which the cost of repairs cumulatively equals or exceeds 50% of the market value of the structure before the damages occurred.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does is include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heir, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damaged occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the start of construction of the improvement. The term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VIOLATION
The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

§ 143-3 Identification of floodplain areas.

A. 
The identified floodplain area shall be:
(1) 
Any areas of Marple Township classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying Flood Insurance Rate Maps (FIRMs), dated November 18, 2009 or the most recent revision thereof as issued by the Federal Emergency Management Agency (FEMA), including all digital data developed as part of the Flood Insurance Study; and
(2) 
Any community-identified Flood Hazard Areas. The above referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Township and declared to be part of this chapter.

§ 143-4 Description and special requirements of identified floodplain areas.

A. 
The identified floodplain area shall consist of the following specific areas:
(1) 
FW (Floodway Area): the areas identified in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS.
(a) 
Within any floodway area, encroachments, including fill, new construction, substantial improvements, or other development shall not be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of base flood discharge.
(b) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection.
(2) 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a) 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(b) 
No new construction of development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(3) 
A Area: areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent-annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. When other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(a) 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(4) 
Shallow Flooding Area: the areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(5) 
Community Identified Flood Hazard Areas shall be those areas where Marple Township has identified local flood hazard or ponding areas, as delineated and adopted on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.

§ 143-5 Changes in identification area.

The identified floodplain area may be revised or modified by the Board of Commissioners where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from the Federal Emergency Management Agency. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.

§ 143-6 Jurisdictional boundary changes.

Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed 44 CFR 60.3.

§ 143-7 Boundary disputes.

A. 
In the case of any dispute concerning the boundaries of a floodplain, an initial determination shall be made by the Township Code Enforcement Officer.
B. 
Any party aggrieved by the decision of the Code Enforcement Officer as to the boundaries of the floodplain, which may include the grounds that the maps referred to in § 143-3 are or have become incorrect because of changes due to natural or other causes, or changes indicated by detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XVII of Chapter 300 and §§ 143-11 and 143-12 herein. The burden of proof in such an appeal shall be on the appellant.
C. 
Insofar as various natural conditions, including the floodplain as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the U.S. Army Corps of Engineers, Philadelphia District. Whether a proposed use is within the floodplain shown on the Floodplain Overlay Map of the Flood Insurance Study shall, upon appeal from the decision of the Code Enforcement Officer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, shall consider the recommendations of the Township Planning Commission and the Delaware County Planning Department.
D. 
All changes to the boundaries of the floodplain are subject to the review and approval of the Federal Emergency Management Agency.

§ 143-8 Permitted uses.

A. 
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
B. 
Outdoor plant nursery or orchard in accordance with accepted soil conservation practices.
C. 
Game preserve, wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.
D. 
Utility transmission lines.
E. 
Sealed water supply wells, subject to the approval of the Township Engineer.
F. 
Sanitary sewers, subject to the approval of the Township Engineer.
G. 
Front, side or rear yards, and required lot area, for any district, provided that such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structure.

§ 143-9 Prohibited uses.

The following uses and activities are specifically prohibited in floodplains. No variance shall be granted:
A. 
Freestanding structures, buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the Pennsylvania Department of Environmental Protection.
B. 
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.
C. 
On-site sewage disposal systems.
D. 
The construction, placement, enlargement or expansion of manufactured homes.
E. 
The construction, enlargement or expansion of hospitals (public or private).
F. 
The construction, enlargement or expansion of nursing homes (public or private).
G. 
The construction, enlargement or expansion of jails or prison.
H. 
Any new or substantially improved structure that will be used for the production or storage of any of the following dangerous materials or substances or that will be used for any activity requiring the maintenance of a supply (of more than 550 gallons or other comparable volume) of any of the following dangerous materials or substances on the premises, or that will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Hydrofluoric acid.
(11) 
Magnesium.
(12) 
Nitric acid and oxides of nitrogen.
(13) 
Petroleum products (gasoline, fuel, oil, etc.).
(14) 
Phosphorus.
(15) 
Potassium.
(16) 
Sodium.
(17) 
Sulfur and sulfur products (including sulfuric and sulphurous acids).
(18) 
Pesticides (including insecticides, fungicides and rodenticides).
(19) 
Radioactive substances, insofar as such substances are not otherwise regulated.
(20) 
Any other dangerous materials or substances regulated by the appropriate federal or state agencies.

§ 143-10 Conditional uses.

The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards in § 143-11:
A. 
Commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing, sport or boating clubs; not to include enclosed structures excepting toilet facilities but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas. No toilet facilities provided shall be connected to an on-site sewage disposal system.
B. 
Storm sewers or impoundment basins.
C. 
Outlet installations for sewage treatment plants and sewage pumping stations, with approval of the appropriate sewer authorities.
D. 
Dams, bridges and culverts, approved by the Commonwealth of Pennsylvania, Department of Environmental Protection or its successor agency.
E. 
Paved roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this chapter, provided that:
(1) 
In the case of roads and driveways no such facilities shall be permitted as a conditional use if practicable alternative alignments exist;
(2) 
In the case of parking facilities, no such facility shall be permitted as a conditional use unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users, and/or to downstream properties. Temporary parking for periods not to exceed one hour and/or parking for recreation uses would be examples of such exceptions.
F. 
Grading or regrading of lands, including the deposit of topsoils and the grading thereof and the construction of retaining walls. An application for a conditional use for such use shall also be accompanied by a plan indicating the deposition of any fill or material proposed to be deposited by the grading or regrading of land; such fill or other materials shall be protected against erosion by rip-rap, vegetation cover or bulkheading.
G. 
Forestry, lumbering and reforestation in accordance with recognized natural resource conservation practices, but permitting no structures.

§ 143-11 Standards for conditional uses or variances.

The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 143-1 and shall consider the following:
A. 
No conditional use or variance shall be granted for construction, development, use or activity within any floodway area that would cause any increase in the BFE.
B. 
If granted, any variance shall involve only the least modification necessary to provide relief.
C. 
Lands abutting the waterway, both upstream and downstream, shall not be adversely affected by the proposed use.
D. 
The general welfare or public interest of Marple Township or of other municipalities in the same watershed shall not be adversely affected.
E. 
Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of floodwater and comply with the requirements of §§ 143-15 through 143-18.
F. 
Any new structure or substantial improvement permitted as a conditional use or by variance shall be subject to the requirements of § 143-18.
G. 
Any additions to existing structures permitted as a conditional use or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained herein and in the Marple Township Building Code.[1]
[1]
Editor's Note: See Ch. 108, Art. I.
H. 
In granting a conditional use or variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.
I. 
No variance shall be granted for development regulated by prohibited activities.
J. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.

§ 143-12 Additional standards for variances.

A property owner of a lot of record, as of the date of the enactment of this chapter, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of § 143-1 and will be consistent with the standards of § 143-11. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief and that:
A. 
Good and sufficient cause has been shown;
B. 
Failure to grant the variance would result in exceptional hardship to the applicant; and
C. 
Granting of the variance will neither:
(1) 
Result in an unacceptable or prohibited increase in flood height, additional threats to public safety or extraordinary public expense; nor
(2) 
Create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
D. 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

§ 143-13 Application procedures for conditional uses or variances.

A. 
Whenever a variance is granted, the Township shall notify the applicant in writing that:
(1) 
The granting of the variance may result in increased premium rates for flood insurance;
(2) 
Such variances may increase the risks to life and property.
B. 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
C. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capacity of resisting the base flood.

§ 143-14 Procedures for consideration of conditional uses or variances.

A. 
An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 143-8, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer.
B. 
The application for conditional use or use by variance shall be accompanied by the following:
(1) 
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question;
(2) 
An application for amending the boundaries of the floodplain if the boundaries will be affected by the proposed conditional use or use by variance.
C. 
A building and/or zoning permit shall be required before any construction or development is undertaken within any area of the Township.
D. 
Prior to the issuance of any building or zoning permit, the Building Code Official, Permit Officer and Township Engineer shall review the application for any permit to determine if all other government agency permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act[1] (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act[2] (Act 1978-325, as amended); the Pennsylvania Clean Streams Act[3] (Act 1937-394); and the U.S. Clean Water Act, Section 404, 33, U.S.C. § 1334. No permit shall be issued until this determination has been made, and the application shall contain the following minimum information plus any other pertinent information as may be required by the Building Code Official, Permit Officer and/or Township Engineer to make the above determination:
(1) 
A completed building permit application form.
(2) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if available;
(c) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
(e) 
The location of all existing streets, drives, and other accessways; and
(f) 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(3) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the base flood;
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
(d) 
Detailed information concerning any proposed floodproofing measures; and
(e) 
Supplemental information as may be necessary under 34 Pa. Code, Chapters 401 to 405, as amended, and Sections 1612.5.1, 104.7 and 109.3 of the 2003 IBC[4] and Sections R106.1.3 and R104.7 of the 2003 IRC.[5]
[4]
Editor's Note: "IBC" refers to the International Building Code.
[5]
Editor's Note: "IRC" refers to the International Residential Code.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.

§ 143-15 Technical provisions.

A. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse. No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
B. 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
C. 
Technical or scientific data shall be submitted by the applicant to FEMA for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a conditional letter of map revision (CLOMR) are required are:
(1) 
Any development that causes a rise in the base flood elevations within the floodway; or
(2) 
Any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevations; or
(3) 
Alteration or relocation of a stream, including but not limited to installing culverts and bridges.
D. 
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection.

§ 143-16 Elevation and floodproofing requirements.

A. 
Residential structures.
(1) 
In AE Zones, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation.
(2) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation, determined in accordance with § 143-4A(3) of this chapter.
(3) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 24 PA Code (Chapters 401 through 405 as amended) shall be utilized.
B. 
Nonresidential structures.
(1) 
In AE Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic load and effects of buoyancy.
(2) 
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 143-4A(3) of this chapter.
(3) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the US Army Corp of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(4) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 PA Code (Chapters 401 through 405 as amended) shall be utilized.
C. 
Space below the lowest floor.
(1) 
Fully enclosed space below the lowest floor (including basement) is prohibited.
(2) 
Partially enclosed space below the lowest floor (excluding basement) that will be used solely for parking of a vehicle, building access or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;
(b) 
The bottom of all openings shall be no higher than one foot above grade;
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(3) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following:
(a) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material and equipment related to the principal use or activity;
(b) 
Floor area shall not exceed 200 square feet;
(c) 
The structure will have low damage potential;
(d) 
The structure will be located on the site so as to create the least obstruction to the flow of floodwaters;
(e) 
Power lines, wiring and outlets will be elevated to the regulatory flood elevation;
(f) 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited;
(g) 
Sanitary facilities are prohibited;
(h) 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for entry and exit of floodwaters for the purposes of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered engineer or architect or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings have a net total area of not less than one square inch for every square foot of enclosed space;
[2] 
The bottom of all openings shall be no higher than one foot above grade;
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all chapter requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from chapter requirements will be the minimum necessary to preserve the historic character and design of the structure.

§ 143-17 Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;
(4) 
Be no steeper than one vertical to two horizontal feet, unless substantiated data, justifying steeper slopes, are submitted to and approved by the Code Enforcement Officer; and
(5) 
Be used to an extent to which it does not adversely affect the adjacent properties.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Water and sanitary sewer facilities and systems.
(1) 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters;
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters;
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it or contamination from it, during a flood.
(4) 
The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities from Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.
D. 
Other utilities. All other utilities such as gas lines and electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life, and not listed in § 143-9, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have the minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement; and
(2) 
All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) 
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. 
Reasonably safe from flooding. All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances, and adequate drainage is provided so as to reduce exposure to flood hazards.
O. 
Uniform Construction Code Coordination. The standards and specifications contained in 34 PA Code (Chapters 401 through 405) as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and supplement the requirements of this chapter.
(1) 
International Building Code (IBC) 2009 or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

§ 143-18 Existing structures in identified floodplain areas.

A. 
Uses and/or structures rendered nonconforming. Following the adoption of this chapter, any use or structure that is situated within the boundaries of a floodplain and that does not conform to the permitted uses specified in § 143-8 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this chapter.
B. 
Existing structures or uses. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to an existing structure or when a reconstruction of an existing structure, destroyed by fire or other catastrophe, is proposed, the provisions of this chapter shall apply.
C. 
Expansion or continuance of nonconforming structures or uses.
(1) 
The expansion or continuance of a nonconforming use or structure that is nonconforming with respect to the district in which is located without consideration of this chapter shall be governed by the requirements of Article XV of Chapter 300, Zoning. However, the Zoning Hearing Board shall ensure that the standards contained in §§ 143-11 and 143-12, as well as the provisions of this section are applied to the expansion or continuance of said use or structure.
(2) 
The expansion or continuance of a nonconforming use or structure that is rendered a nonconforming use or structure by adoption of this chapter shall be governed by the standards contained in §§ 143-11 and 143-12 as well as the provisions of this section. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
D. 
Standards for improvements and reconstruction. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion, enlargement or reconstruction of an existing structure shall be allowed within any floodway area that would cause any increase in the BFE.
(2) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(3) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(4) 
The above activity shall also address the requirements of 34 PA Code, as amended, and the 2009 IBC and the 2009 IRC.
(5) 
Within any floodway area, no new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.

§ 143-19 Special requirements for subdivisions.

All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) or letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 143-20 Special requirements for recreational vehicles.

A. 
Recreational vehicles in Zones A and AE must:
(1) 
Be on the site for fewer than 180 consecutive days; and
(2) 
Be fully licensed and ready for highway use; and
(3) 
Be removed from the floodplain when a flood warning is issued.

§ 143-21 Abrogation and greater restrictions.

This chapter supersedes any other conflicting provisions that may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.

§ 143-22 Warning and disclaimer of liability.

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision made thereunder.

§ 143-23 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution and in default of payment of such fine and costs by imprisonment for not more than 30 days.

§ 143-24 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.

§ 143-25 Floodplain Administrator.

A. 
The Zoning Officer is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) fulfill the duties and responsibilities set forth in these regulations; (b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or (c) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
B. 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager.

§ 143-26 Duties and responsibilities of Floodplain Administrator.

A. 
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B. 
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
C. 
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed before the permit is issued.
D. 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
E. 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
F. 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board for whatever action it considers necessary.
G. 
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this chapter including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
H. 
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
I. 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain chapter as the floodplain administrator/manager.
J. 
The Floodplain Administrator shall consider the requirements of 34 PA Code and the 2009 IBC and the 2009 IRC or the latest edition thereof adopted by the State of Pennsylvania.