Zoning permits shall be required before any construction or
development is undertaken within any area of the Township.
A.
Designation of Floodplain Administrator. The Zoning Officer is hereby
appointed to administer and enforce this chapter and is referred to
herein as the Floodplain Administrator.
B.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a zoning 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.
(2)
Prior to the issuance of the zoning 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]; and the U.S. Clean Water Act, Section 404, 33 U.S.C.
§ 1344. No zoning permit shall be issued until this determination
has been made.
(3)
During the zoning permit 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 zoning 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.
(4)
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.
(5)
In the event the Floodplain Administrator discovers that the work
does not comply with the zoning permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator may revoke the zoning
permit and report such fact to the Township Commissioners for whatever
action it considers necessary.
(6)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including but not limited to
permitting, inspection and enforcement.
(7)
The Floodplain Administrator shall request the applicant to contact
the Department of Labor & Industry or a third-party agency to
comply with the requirements of Title 34 of the Pa. Code and the 2006
IBC and the 2006 IRC, or latest revisions thereof.
A.
Application for such a zoning permit shall be made, in writing, to
the Floodplain Administrator (Zoning Officer) 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.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and 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 zoning
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.
(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 (e.g., any or all of the technical information contained in § 97-32) as may be required by the Floodplain Administrator to make the above determination:
(1)
A completed zoning 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)
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 locations 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 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.
(c)
Detailed information needed to determine compliance with § 97-27F, Storage, and § 97-28, Development which may endanger human life, including:
(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 zoning permit. The recommendations of the Conservation
District 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 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., Township Engineer,
etc.) for review and comment.
After the issuance of a zoning permit by the Floodplain Administrator
(Zoning Officer), 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 zoning permit, the Floodplain Administrator
may 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 zoning permit and the date of its issuance and be signed
by the Floodplain Administrator.
A.
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 zoning 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, the installation of piling under proposed subsurface footings
or the installation or sewer, gas and water pipes or electrical or
other service lines from the street.
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 municipal 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 zoning
permit and report such fact to the Board for whatever action it considers
necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
A.
Applications
for a zoning permit shall be accompanied by a fee, payable to the
municipality, as per the Township's most recently adopted zoning
permit schedule.
B.
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 regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall be in writing, include a statement of
the reasons for its issuance, allow a reasonable time not to exceed
a period of 30 days for the performance of any act it required, 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; and contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this chapter.
C.
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 an offense and, upon conviction, shall pay a fine to Rostraver
Township of not more than $500, plus costs of prosecution. In default
of such payment, such person shall be imprisoned in county prison
for a period not to exceed 10 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 noncompliance 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 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 Zoning Hearing Board. 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 Township Zoning Hearing Board shall
set a time and place, within not fewer 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.
Any person aggrieved by any decision of the Township Zoning Hearing
Board may seek relief therefrom by appeal to court, as provided by
the laws of this commonwealth, including the Pennsylvania Floodplain
Management Act.