Township of Lower Gwynedd, PA Article VIII Administration

§ 1290.26 Designation of Floodplain Administrator.

The Township Code Official within the Township administration is hereby appointed to administer and enforce this ordinance and is referred to herein as the Floodplain Administrator.

§ 1290.27 Permits required.

A zoning permit shall be required before any construction or development is undertaken within the FP Floodplain Conservation District. An application for a zoning permit shall be filed with the Township Code Official, who shall make an initial determination on the proposal. Prior to the issuance of any zoning permit, the Code Official shall review such application to determine if all other necessary governmental permits, such as those required by state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913[2] and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

[2] Editor's Note: The Water Obstruction Act of 1913 was repealed October 23, 1979, by P.L. 204, No. 70, § 1(27). For current provisions, see now 32 P.S. 693.1 et seq.

§ 1290.28 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);[1] 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.

[1] Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.

(c) 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. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.

(d) In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the Floodplain Conservation District, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this ordinance.

(e) 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 of Supervisors for whatever action it considers necessary.

(f) The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this ordinance including, but not limited to, permitting, inspection and enforcement.

(g) The Floodplain Administrator shall consider the requirements of the 34 PA. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

§ 1290.29 Application procedures and requirements.

(a) Application for such a 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 or variances 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 FP Floodplain Conservation District, applicants for 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 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; 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 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;

E. The location of any existing bodies of water or watercourses, the Floodplain Conservation District, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities;

F. All property lines and lot lines including dimensions, and the size of the site expressed in acres or square feet.

(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:

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. Supplemental information as may be necessary under 34 PA. Code, the 2009 IBC or the 2009 IRC or latest revisions thereof.

(4) The following data and documentation:

A. Detailed information concerning any proposed floodproofing measures and corresponding elevations.

B. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation; and detailed information concerning any proposed floodproofing measures and corresponding elevations.

C. Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a Floodway Area/District, when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.

D. Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.

E. 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 pressures, velocities, impact and uplift forces associated with the base flood elevation. 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.

F. Detailed information needed to determine compliance with Section 1290.25(f), Storage, and Section 1290.14, Banned uses, including:

1. The amount, location and purpose of any materials or substances referred to in Sections 1290.25(f) and 1290.14 which are intended to be used, produced, stored or otherwise maintained on site.

2. A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of any amount of the dangerous materials or substances listed in Section 1290.14 during a base flood.

G. The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

H. Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

§ 1290.30 Changes.

After the issuance of a 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.

§ 1290.31 Start of construction.

(a) Work on the proposed construction 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 term "start of construction" shall be understood as defined in Section 1290.06 of this ordinance.

(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 and the original permit is compliant with the chapter and FIRM/FIS in effect at the time the extension is granted.

§ 1290.32 Enforcement.

(a) Enforcement notices and penalties. 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 regulations adopted pursuant thereto, the Floodplain Administrator shall follow the procedures outlined in Chapter 1299.

§ 1290.33 Appeals.

(a) Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Ordinance may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

(b) Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipal Planning Code[1] and the Zoning Ordinance.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(c) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.[2]

[2] Editor's Note: See 32 P.S. § 679.101 et seq.

§ 1290.34 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance 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.