The Community Development Director within the Township of Penn
is hereby appointed to administer and enforce this chapter and is
referred to herein as the Floodplain Administrator.
Building permits shall be required before any construction or
development is undertaken within any area of the Township of Penn.
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 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 537 of 1967, as amended;[1] the Pennsylvania Dam Safety and Encroachments Act, Act
325 of 1978, as amended;[2] the Pennsylvania Clean Streams Law, Act 394 of 1937, as
amended;[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
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 Township of Penn
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection. In addition, the
Federal Emergency Management Agency and Pennsylvania Department of
Community and Economic Development, Bureau of Community Planning,
shall be notified by the Township of Penn prior to any alteration
or relocation of any watercourse.
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 of Commissioners for whatever action
it considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
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
of Penn. Such application shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which proposed construction
is to occur.
(3)
The name and address of the contractor.
(4)
The site location.
(5)
A listing of other permits required.
(6)
A brief description of proposed work and the estimated cost.
(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 floatation, 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 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)
The 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 the National Geodetic Vertical Datum of 1988;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(4)
The following data and documentation:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE Special Floodplain Area, when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(b)
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 one-hundred-year 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)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(e)
Where any excavation of grading is proposed, a plan, meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Floodplain Administrator for possible
incorporation into the proposed plan.
[Amended 1-18-2017 by Ord. No. 914]
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., the Planning
Commission, Township 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, the date of its issuance and shall
be signed by the Floodplain Administrator.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the building permit or the permit shall expire,
unless a time extension is granted, in writing, by the Floodplain
Administrator. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers or foundations, erection
of temporary forms, installation of piling under proposed subsurface
footings or installation of sewer, gas and water pipes or electrical
or other service lines from the street.
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 municipal laws and
ordinances. He shall make as many inspections during and upon compliance
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 that 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 Township of Penn for whatever action
it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a building permit shall be accompanied by a
fee, payable to the municipality, as set 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 provision of this chapter or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as set forth in the CABO One- and Two-Family Dwelling Code, as adopted by the Township of Penn pursuant to Chapter 63, Building Construction, Article III, Building Code.
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 or order of direction of the Floodplain
Administrator or any other authorized employee of the municipality
shall be guilty of an offense and, upon conviction, shall pay a maximum
fine to the Township of Penn of $1,000, plus costs of prosecution.
In default of such payment, such person shall be imprisoned in the
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 of the Township of Penn to be a public nuisance and
to be abatable as such.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may exercise appeal rights, as provided in the Pennsylvania
Construction Code Act (Act 45 of 1999)[1] as adopted by the Township of Penn, and shall be governed
by the provisions of said code with respect to said appeals.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
