The Building Code Official within the Code Enforcement Office
is hereby appointed to administer and enforce this chapter and is
referred to herein as the "floodplain administrator."
A.
The floodplain administrator shall issue a building 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 codes and ordinances.
B.
Prior to the issuance of any building permit, the floodplain administrator
shall review the application for a permit to determine if all other
necessary governmental permits or approvals required by state and
federal laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended);[1] the Dam Safety and Encroachments Act (Act 1978-325, as
amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1334; and the Pennsylvania Clean Streams Act (Act 1937-394,
as amended).[3] 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 issues can be addressed before the permit is issued.
D.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which 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 (DEP), Bureau of Dams
and Waterway Management.
E.
In addition, the Federal Emergency Management Agency (FEMA), DEP,
and Pennsylvania Department of Community and Economic Development,
Bureau of Community Planning, shall be notified by the municipality
prior to any alteration or relocation of any watercourse.
F.
The floodplain administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
G.
The floodplain administrator shall consider the requirements of 34
Pa. Code and the 2006 IBC and the 2006 IRC, or latest revisions thereof.
A.
Application for such a building 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 applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(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.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this chapter and all other
applicable 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.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4)
Structures will be anchored to prevent flotation, collapse, or lateral
movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, and 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 (e.g., any or all of the technical information contained in Subsection B) as may be required by the floodplain administrator to make the above determination:
(1)
A completed and signed 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.
(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, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(f)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development,
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 a suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1988;
(b)
The elevation of the base flood as designated in the Flood Insurance
Study (FIS) prepared for the Township by FEMA, dated August 2, 2012,
and any subsequent designations by FEMA;
(c)
Information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the base
flood elevation; and
(d)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the base flood elevations,
pressures, velocities, 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.
(b)
(c)
The appropriate component of the DEP's "Planning Module
for Land Development."
(d)
Where any excavation or grading is proposed, a plan, meeting
the requirements of the DEP, to implement and maintain erosion and
sedimentation control.
(e)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any special floodplain area, when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
D.
Applicants for special permits (see Article VI of this chapter) shall provide nine copies of the following items:
(1)
A written request, including a completed building permit application
form.
(2)
A small scale map showing the vicinity in which the proposed site
is located.
(3)
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)
Topography based upon the National Geodetic Vertical Datum of
1988, showing existing and proposed contours at intervals of two feet;
(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 streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year-flood elevations,
and information concerning the flow of water, including direction
and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at a suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is owned by the applicant or the
client he represents ["owned by" shall mean the holder of the legal
or beneficial title, the holder of an option or contract to purchase
(whether or not such option or contract is subject to any condition),
lease (if the lessee is authorized under the lease to exercise the
rights of the landowner), or having a proprietary interest in the
land];
(b)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(c)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
(d)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevations and flows;
(e)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the one-hundred-year-flood elevation and the effects such materials
and debris may have on base flood elevations and flows;
(f)
The appropriate component of the DEP's "Planning Module
for Land Development";
(g)
Where any excavation or grading is proposed, a plan, meeting
the requirements of the DEP, to implement and maintain erosion and
sedimentation control;
(i)
An evacuation plan acceptable to the Swatara Township Director
of Emergency Preparedness which fully explains the manner in which
the site and buildings thereon will be safely evacuated before or
during the course of a base flood.
E.
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administration.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the floodplain administrator to any
other appropriate agencies and/or individuals (e.g., County Conservation
District, Planning Commission, Municipal Engineer, etc.) for review
and comment.
After the issuance of a building 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 the floodplain administrator
for consideration.
In addition to the building 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 building permit and the date of its issuance and be
signed by the floodplain administrator.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance and shall be completed within
12 months after the date of issuance of the permit, or the permit
shall expire, unless a time extension is granted, in writing, by the
floodplain administrator. The "actual start of construction" 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.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it 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.
B.
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.
A.
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 Township laws and ordinances.
He shall make as many inspections during and upon completion of the
work as are necessary.
B.
In the discharge of his 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.
C.
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 building
permit and report such fact to the Board of Commissioners for whatever
action it considers necessary.
D.
The floodplain administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
Application for a building permit shall be accompanied by a
fee, payable to the Township, based upon the estimated cost of the
proposed construction (as determined by the floodplain administrator),
which fee schedule shall be fixed from time to time by resolution
of the Board of Commissioners.
A.
Notices. Whenever the floodplain administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulation adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
(4)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter; and
(5)
Be served upon the property owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state.
B.
Penalties. 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 municipality shall be guilty
of a misdemeanor and, upon conviction, shall pay a fine to the Township
of not less than $30 nor more than $1,000, plus costs of prosecution.
In default of such payment, such person shall be imprisoned in county
prison for a period not to exceed 30 days. Each day during which any
violation of this chapter continues shall constitute a separate offense.
In addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
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 noncompliances within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by the Board of Commissioners to be a
public nuisance per se and shall be abated according to law.
A.
Any person aggrieved by any action or decision of the floodplain
administrator involving the administration of the provisions of this
chapter may appeal to the Board of Commissioners. Such appeal must
be filed, in writing, within 30 days after the decision or action
of the floodplain administrator.
B.
Upon receipt of such appeal, the Board of Commissioners shall set
a time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
C.
The fees for such an appeal shall be paid by appellant and shall
be fixed from time to time by resolution of the Board of Commissioners.
D.
Any person aggrieved by any decision of the Board of Commissioners
may seek relief therefrom by appeal to court, as provided by the laws
of this commonwealth, including the Pennsylvania Flood Plain Management
Act.
