A.
The Borough Manager is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator may 1) fulfill the duties and responsibilities
set forth in this chapter, 2) delegate duties and responsibilities
set forth in this chapter to qualified technical personnel, plan examiners,
inspectors, and other employees, or 3) enter into a written agreement
or written contract with another agency or private sector entity to
administer specific provisions of this chapter. Administration of
any part of this chapter by another entity shall not relieve the Borough
of Sellersville 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's duties are to be fulfilled by the Borough Engineer.
A permit shall be required before any construction or development
is undertaken within any area of the Borough of Sellersville.
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] 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.
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, or his designee, shall make
as many inspections during and upon completion of the work as are
necessary.
D.
In the discharge of his or 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.
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 Borough Council for whatever action it
considers necessary.
F.
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
G.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
H.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this chapter as the Floodplain Administrator.
I.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 International Building Code and the 2009
International Residential Code or latest revisions thereof.
A.
Application for a permit shall be made in writing to the Floodplain
Administrator on forms supplied by the Borough of Sellersville. Such
application shall contain the following:
(1)
The name and address of 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, including address;
(5)
A listing of other permits required;
(6)
A 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; and
(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 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 to 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;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and 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 50 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;
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 a scale of one inch being equal to 20 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; and
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 International Building Code or the 2009 International Residential
Code.
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(b)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 68-17), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation;
(c)
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. 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)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development"; and
(f)
Where any excavation or grading is proposed, a plan to implement
and maintain erosion and sedimentation control meeting the requirements
of the Department of Environmental Protection.
D.
Applications for permits shall be accompanied by a fee, payable to
the Borough of Sellersville, based upon the then current fee schedule.
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, such as the Planning
Commission and Municipal Engineer, for review and comment.
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 consideration.
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 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 of the permit. Work shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a written time extension is granted by the Floodplain
Administrator. The issuance of a permit does not refer to the zoning
approval.
B.
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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request, and the original
permit is compliant with this chapter and the FIRM/FIS in effect at
the time the extension is granted.
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 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 days for the
performance of any act it requires; and
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice 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 Borough of Sellersville shall
be prosecuted in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure and upon
conviction shall be sentenced to pay a fine of not less than $300
nor more than $1,000 per violation, plus court costs and reasonable
attorneys' fees incurred by the Borough of Sellersville, or to
imprisonment for not more than 90 days, or both. Violations of more
than one provision of this chapter shall constitute separate violations.
Each day that a violation of any provision of this chapter continues
or occurs shall constitute a separate violation. 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. All such persons shall be required to correct
or remedy such violations or 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 Borough Council to be a public
nuisance and abatable as such.
[Amended 10-12-2015 by Ord. No. 703]
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, determination,
or action of the Floodplain Administrator.
