The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the Floodplain Administrator
and 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.
Special building permits shall be required before any development
or construction, reconstruction, enlargement, alteration, or relocation
of any building or structure is undertaken within any floodplain area
of the Township.
A.
The Township Zoning Officer shall issue a special 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 a special building permit, the Township
Zoning Officer 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.
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 applicant and
until all required permits or approvals have been first obtained from
the PADEP, Bureau of Dams, Waterways and Wetlands.
D.
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community and Economic Development shall be notified
by the applicant prior to any alteration or relocation of any watercourse.
A.
Application for such a special building permit shall be made, in
writing, to the Township Zoning Officer on forms supplied by the Township
of Lehigh. Such application shall contain at least the following:
(1)
Name and address of the applicant.
(2)
Name and address of the owner of the land on which proposed construction
is to occur.
(3)
Name and address of the contractor.
(4)
Site location.
(5)
List 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.
(8)
Proposed lowest floor and basement elevations in relation to mean
sea level, along with site benchmark and vertical datum.
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 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, elevated, 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 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 Township Zoning
Officer, to make the above determination:
(1)
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)
Existing and proposed topographic contour lines at two-foot
vertical intervals.
(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.
(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.
(g)
Site benchmark and vertical datum.
(h)
All other requirements indicated in Ordinance No. 2009-5, Lehigh
Township Grading Ordinance.
(2)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation (including basement) of
new and substantially improved structures based upon North American
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 the one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures,
including the elevation to which the structure was floodproofed based
upon North American Vertical Datum of 1988.
(3)
The following data and documentation:
(a)
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.
(b)
(c)
The appropriate component of the PADEP's Planning Module
for Land Development.
(d)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Pennsylvania PADEP (PADEP) to implement and
maintain erosion and sedimentation control.
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 Township Zoning Officer to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, PADEP, LVPC, etc.) for review and comment.
After the issuance of a special building permit by the Township
Zoning Officer, no changes of any kind shall be made to the application,
special permit, or any of the plans, specifications, or other documents
submitted with the application without the written consent or approval
of the Township Zoning Officer. Requests for any such changes shall
be in writing, and shall be submitted by the applicant to the Township
Zoning Officer for consideration.
In addition to the special building permit, the Township Zoning
Officer 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 special building permit, the date of its issuance
and be signed by the Township Zoning Officer.
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 special building permit or the permit shall
expire unless a time extension is granted, in writing, by the Township
Zoning Officer. Construction and/or development shall be considered
to have started when earth disturbance commences. This includes, among
other things, any land preparation (not including clearing), grubbing,
grading, filling, excavation for basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings or the installation of sewer, gas and water pipes,
or electrical or other service lines from the street. For a structure
where typical earth disturbance is not required, i.e., one without
a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure, or any part
thereof, or the affixing of any prefabricated structure or mobile
home to its permanent site.
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 Township Zoning Officer to approve 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.
During the construction period, the Township Zoning Officer or other
authorized official may 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 Zoning Officer may make as many inspections during
and upon completion of the work as are necessary.
B.
In the discharge of his or her duties, the Township Zoning Officer
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 Township Zoning Officer 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 Township Zoning Officer shall revoke the building
permit and report such fact to the Township Zoning Hearing Board for
whatever action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a special building permit shall be accompanied
by a fee, payable to the Township of Lehigh, based upon the estimated
cost of the proposed construction as determined by the Township Zoning
Officer as per fee schedule established from time to time by the Board
of Supervisors.
A.
Jurisdiction. The Township Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters: appeals from a determination by the Township Zoning Officer
or the Township Engineer with reference to the administration of any
of the provisions of this chapter.
B.
Appeals. Any person aggrieved by an action or decision of the Township
Zoning Officer or the Township Engineer, or by any of the requirements
of this chapter, may appeal to the Township Zoning Hearing Board.
Such appeal must be filed at the Township Municipal Building, in writing,
within 30 days after decision or action of the Township Zoning Officer
or the Township Engineer. Upon receipt of such appeal, the Township
Zoning Hearing Board shall set a time and place, within not less than
10 nor more than 30 days, for the purpose of hearing the appeal. Notice
of the time and place of the hearing shall be given to all parties,
at which time they may appear and be heard.
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 Township Zoning Officer or any other authorized employee of the municipality issued pursuant to this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to the penalties in Chapter 1, General Provisions, Article II. In addition to the above penalties, all other actions of the Township 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 the violation or noncompliance to continue, and all such persons shall be required to correct or remedy, at their cost, such violations and noncompliances within a reasonable time.
