The Township Zoning Officer within the is hereby appointed to
administer and enforce this chapter and is referred to herein as the
Floodplain Administrator.
A floodplain permit shall be required before any construction or development is undertaken within the FCD. A floodplain permit shall not be required, however, for minor repairs to existing buildings or structures. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the floodplain permit referred to here would be the special floodplain permit set forth in Article VII of this chapter.
A.
The Floodplain Administrator shall issue a floodplain permit only
after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this chapter and all
other applicable chapters, codes, and ordinances.
B.
Prior to the issuance of any floodplain 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 of 537, as amended); the Pennsylvania Dam Safety and
Encroachments Act (Act 1978 of 325, as amended); the Pennsylvania
Clean Streams Act (Act 1937 of 394, as amended); and the United States
Clean Water Act, Section 404, 33 U.S.C. § 1344. No floodplain
permit shall be issued until the Floodplain Administrator has determined
that all such permits have been obtained.
C.
In the case of existing structures, prior to the issuance of any
building permit, the Floodplain Administrator shall review the history
of repairs to the subject building, so that any repetitive loss issues
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 floodplain permit application and with all applicable laws, codes,
and ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
E.
In the discharge of his duties, the Floodplain Administrator shall
have the authority to enter any building, structure, premises, or
development in the FCD, 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 floodplain permit application or any applicable
laws, codes, and/or ordinances, or that there has been a false statement
or misrepresentation by the applicant, the Floodplain Administrator
shall revoke the floodplain permit and report such fact to the LPT
BOS for whatever action it considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter in accordance with state law.
H.
The Floodplain Administrator shall consider the requirements of Title
34 of the Pennsylvania Code and the 2009 IBC and the 2009 IRC or latest
revisions thereof when making any determinations or undertaken any
action pursuant to this chapter.
A.
Application for a floodplain permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township. Such
application shall contain the following:
(1)
Name and address of the applicant;
(2)
Name and address of the record owner of land on which proposed construction
is to occur;
(3)
Name and address of the contractor which will undertake the work;
(4)
Site location, including the street address and the county parcel
identification number;
(5)
Listing of all other township, county, state, and federal approvals,
permits, waivers, and/or variances required; and
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
B.
If any proposed construction or development is located entirely or
partially within the FCD, applicants for floodplain permits shall
provide all the necessary information in sufficient detail and clarity
to enable the Floodplain Administrator to determine that:
(1)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this chapter and all other applicable
chapters, codes, and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage and in accordance with the provisions this chapter;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent floatation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage will be used; and
(7)
Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Applicants shall file the following minimum information, plus any
other pertinent information as may be required by the Floodplain Administrator,
to make the above determination:
(1)
A completed floodplain 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)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
the FCD, 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 a scale of one inch being equal to 100 feet or less showing
the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with a base flood; and detailed information concerning any proposed
floodproofing measures and corresponding elevations.
(b)
Documentation, certified by a licensed professional engineer
or architect, showing that the cumulative effect of any proposed development
within Zone AE when combined with all other existing and anticipated
development will not increase the BFE more than one foot at any point.
(c)
A document, certified by a licensed professional engineer or
architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
and impact and uplift forces associated with the base flood. Such
statement shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(d)
Detailed information needed to determine compliance with the regulations set forth in Article VI of this chapter relating to storage in design and construction standards and development which may endanger human life in special technical requirements including:
[1]
The amount, location and purpose of any materials or substances referred to in Article VI relating to storage in design and construction standards and development which may endanger human life in special technical requirements which are intended to be used, produced, stored or otherwise maintained on site; and
(e)
The appropriate component of PA DEP's Planning Module for
Land Development.
(f)
Where any excavation or grading is proposed, a plan meeting
the requirements of PA DEP and MCCD, to implement and maintain erosion
and sedimentation control.
(5)
Applications for permits shall be accompanied by a fee as set forth
in this article.
A copy of all applications and plans for any proposed construction
or development in the FCD to be considered for approval shall be submitted
by the Floodplain Administrator to the MCCD for review and comment
prior to the issuance of a floodplain permit. The recommendations
of the MCCD shall be considered by the Floodplain Administrator for
possible incorporation into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in the FCD to be considered for approval may be submitted
by the Floodplain Administrator to any other appropriate agencies
and/or individuals (e.g., LPT PC, Township Engineer, etc.) for review
and comment.
After the issuance of a floodplain permit by the Floodplain
Administrator, no changes of any kind shall be made to the application,
permit or any of the plans, specifications, or other documents submitted
with the application without the written consent or approval of the
Floodplain Administrator. Requests for any such change shall be in
writing, and shall be submitted by the applicant to Floodplain Administrator
for consideration.
In addition to the floodplain permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
Work on the proposed construction shall begin within 180 days after the date of floodplain permit issuance and shall be completed within 12 months after the date of issuance of the permit; otherwise the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in Article II of this chapter. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
A.
Notices. Whenever the Floodplain Administrator or other authorized
Township representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. At a minimum, such enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against whom
the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the LPT
ZHB within 30 days in accordance with procedures set forth in this
article.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the LPT ZHB, constitutes a violation,
with possible sanctions clearly described.
B.
Penalties.
(1)
Any person who fails to comply with any or all of the requirements
or provisions of this chapter or who fails or refuses to comply with
any notice, order or direction of the Floodplain Administrator or
any other authorized employee of the Township shall pay a fine to
the Township, of no more than $500, plus costs of prosecution, including
reasonable engineer and attorney fees. Each day that a violation continues
shall constitute a separate violation.
(2)
In addition to the above penalties, all other actions are hereby
reserved including an action in equity for the proper enforcement
of this chapter.
(3)
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time.
(4)
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this chapter may be declared by LPT BOS to be a public nuisance and
abated as such.
A.
Any person aggrieved by any action, determination, or decision of
the Floodplain Administrator concerning the administration of the
provisions of this chapter, may appeal such action, determination,
or decision to the LPT ZHB. Such appeal must be filed, in writing,
within 30 days after the decision, determination, or action of the
Floodplain Administrator.
B.
The LPT ZHB shall consider the appeal in accordance with the applicable
provisions of the MPC.
C.
Appeals from the decision of the LPT ZHB shall be undertaken in accordance
with the applicable provisions of the MPC.
A.
The LPT BOS shall establish, by resolution, a schedule of fees, charges,
and expenses and collection procedures for applications for permits,
conditional uses, variances, appeals, and other matters pertaining
to this chapter. This schedule may be altered or amended, from time
to time by resolution of the LPT BOS.
B.
Until all application fees, charges, and expenses have been paid
in full, any application or appeal filed under this chapter shall
not be considered complete. Therefore, no proceedings related to any
such application or appeal shall be initiated, no established time
elements shall begin to accrue, and no action shall be taken on any
such application or appeal.
