The Township Zoning Officer is hereby appointed to administer
and enforce this chapter and is referred to herein as the Floodplain
Administrator.
A permit (building and/or zoning) shall be required before any
construction or development is undertaken within any identified floodplain
areas of the Township.
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 chapter, the Township Zoning
Ordinance,[1] 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 governmental permits required by state and federal laws
have been obtained, including but not limited to 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);[2] 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.
[2]
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.
If a permit is issued, 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 laws and
ordinances. The Floodplain Administrator or other authorized official
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 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 Board of Supervisors for whatever action
it considers necessary.
F.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including but not limited to
permitting, inspection and enforcement. Permanent copies of all records
shall be maintained by the Township.
G.
The Floodplain Administrator shall consider the standards and specifications
of the latest adopted Pennsylvania versions of the International Building
Code and the International Residential Code, as amended from time
to time.
A.
Application for 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
or development is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Statement of proposed use.
(7)
Brief description of proposed work and estimated costs, including
but not limited to a breakout of flood-related costs and the market
value of the building, if any, before the flood damage occurred, where
appropriate.
(8)
A plan of the site showing the exact size and location of the proposed
construction or development 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 applicable and necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(1)
All 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, including but not limited to 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.
(7)
Electrical, heating, ventilation, plumbing, and 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, as applicable,
plus all 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 equals 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 but not limited to 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 all existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including but not limited
to the direction and velocities.
(3)
Plans, as applicable, 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 North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under the standards
and specifications of the latest adopted Pennsylvania versions of
the International Building Code and the International Residential
Code, as amended from time to time.
(4)
The following data and documentation, as applicable:
(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)
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 [as identified in § 59-19A(2)], 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 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)
(f)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development;
(g)
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.
D.
Applications for permits shall be accompanied by a fee, payable to
the Township, as established by resolution of the Board of Supervisors
from time to time.
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., Planning Commission,
Municipal Engineer, etc.) 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 prior 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 shall 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 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.
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.
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;
(4)
Be served upon the property owner or his/her 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 actions 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
or any other authorized employee of the Township shall be guilty of
a misdemeanor and, upon conviction, shall pay a fine to the Township
of not less than $200 nor more than $1,000, plus costs of prosecution.
In addition to the above penalties, all other actions are hereby reserved,
including but not limited to 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 violation and/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 Board of
Supervisors 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 shall
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 set a
time, not less than 10 days nor more than 30 days from receipt thereof,
and place for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be delivered
to all parties.
