A.
The Township Clerk is hereby appointed to administer and enforce
this chapter and is referred to herein as the "floodplain administrator."
The floodplain administrator may fulfill the duties and responsibilities
set forth in these regulations; delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees as may be designated by
the floodplain administrator from time to time; or 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 Secretary.
As applicable, a permit shall be required before any construction,
reconstruction or development is undertaken within any floodplain
or flood hazard area located within any area of the Township and said
permit shall be issued by the 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1344; the Pennsylvania Flood Plain Management Act (Act
of October 4, 1978, P.L. 851, No. 166);[4] and the Pennsylvania Municipalities Planning Code (Act
of 1968, P.L. 805, No. 247,[5] as reenacted and amended). No permit shall be issued until
this determination has been made and the applicant has provided a
copy of such permit(s) to the floodplain administrator.
C.
In the case of existing structures, prior to the commencement of
any construction or other activity and/or the issuance of any 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 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 related to the
floodplain/flood hazard area. The floodplain administrator shall make
as many inspections during and upon completion of the work as deemed
necessary by the floodplain administrator.
E.
In the discharge of its 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 immediately serve
written notice of such to the Township and shall take whatever action
the floodplain administrator deems appropriate, including the revocation
of the permit.
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 date, permitting, inspection
and enforcement.
H.
The floodplain administrator shall consider the requirements of 34
PA Code and the 2009 International Building Code (IBC) and the 2009
International Residential Code (IRC) or latest revisions thereof.
A.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the floodplain administrator. 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 construction cost and the market value
of the building before the flood damage occurred, where appropriate.
(7)
A site plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures,
as prepared by a registered surveyor or engineer.
(8)
Any other information as may be required/requested by the floodplain
administrator.
(9)
Payment of any fees, pursuant to a schedule of fees, charges and
expenses, as may be adopted by the Township Supervisors from time
to time. Any such change to the fee schedule shall not be considered
an amendment to this chapter and may be adopted by resolution at any
legally advertised public meeting of the Board of Supervisors.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the floodplain administrator to determine, at a
minimum, 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 building, 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,
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:
(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;
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and floodway area (see § 103-19A) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point;
(d)
A document, certified by a Pennsylvania 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;
(e)
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development"; and
(g)
Where any excavation/grading, including cut and fill, is proposed,
a plan meeting the requirements of the Department of Environmental
Protection, to implement and maintain erosion and sedimentation control.
The floodplain administrator shall submit to the Beaver County
Planning Commission copies of all land development plans (as defined
by the Pennsylvania Municipalities Planning Code,[1] Act 247, as amended) within the floodplain that are under
the review of the floodplain administrator, to the extent the same
is required by the Beaver County Planning Commission. Such submittal
shall be in accordance with the subdivision and land development review
process as established by the Beaver County Planning Commission. The
recommendations of the Beaver County Planning Commission shall be
considered by the floodplain administrator in its review of these
land development plans. The floodplain administrator may submit a
copy of all applications and plans for any proposed construction or
development in any identified floodplain area to be considered by
the Beaver County Conservation District for review and comment prior
to the issuance of a permit. The recommendations of the Beaver County
Conservation District may be considered by the municipality and/or
its floodplain administrator for possible incorporation into the proposed
plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
As directed by the floodplain administrator, a copy of all plans
and applications for any proposed construction or development in any
identified floodplain area to be considered for approval shall be
submitted by the applicant to any other entities and/or individuals
as deemed appropriate by the floodplain administrator for review and
comment by those entities/individuals. The applicant shall provide
proof of delivery of these materials/documents to the floodplain administrator.
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 the floodplain administrator
for review and disposition.
In addition to the 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, any other information as
deemed appropriate by the floodplain administrator and is to be signed
by the floodplain administrator.
A.
Work on the proposed construction and/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 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 considered only if a written request is
received 45 calendar days before the expiration of the existing permit
is submitted by the applicant, which sets forth sufficient and reasonable
cause for the floodplain administrator to act upon 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
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.
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 calendar days
for the performance of any act it requires;
(4)
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 the Commonwealth of Pennsylvania; and
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
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
shall pay a fine to the Township of not less than $25 nor more than
$600, plus costs of prosecution. 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 noncompliance within a reasonable time not to exceed 30 calendar
days unless agreed upon in writing by both parties. Any development
initiated or any structure or building constructed, reconstructed,
enlarged, altered, or relocated in noncompliance with this chapter
may be declared by the floodplain administrator to be a public nuisance
and abatable as such.
A.
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
chapter may appeal to the Township Zoning Hearing Board. Such appeal
must be filed, in writing, within 30 calendar days after the decision,
determination or action of the floodplain administrator.
B.
Upon receipt of such appeal the Township Zoning Hearing Board shall
set a time and place for the purposes of considering the appeal. Such
hearing shall be held on a date that is not less than 30 nor more
than 60 calendar days after the submission of the appeal. Notice of
the time and place at which the appeal will be considered shall be
given to all parties.
C.
Any person aggrieved by any decision of the Township Zoning Hearing
Board may seek relief therefrom by appeal to a court of competent
jurisdiction, as provided by the laws of the Commonwealth of Pennsylvania,
including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
