Township of Lower Moreland, PA Article 9 Administration

§ 108-901 Designation of Floodplain Administrator.

The Township of Lower Moreland Zoning Officer within the Office of Codes Enforcement is hereby appointed to administer and enforce this chapter and is referred to herein as the "Floodplain Administrator."

§ 108-902 Permits required.

A permit shall be required before any construction or development is undertaken within the FCD. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit referred to here would be the special permit set forth in Article 8 of this chapter.

§ 108-903 Duties and responsibilities of Floodplain Administrator.

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 chapters, 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.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

[2] Editor's Note: See 32 P.S. § 693.1 et seq.

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

C. In the case of existing structures, prior to the issuance of any development permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

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. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.

E. In the discharge of his duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the FCD, 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, chapter, codes, 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 LMT BOC for whatever action it considers necessary.

G. The Floodplain Administrator shall maintain in perpetuity 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 2009 IBC and the 2009 IRC or latest revisions thereof.

§ 108-904 Application procedures and requirements.

A. Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township of Lower Moreland. Such application shall contain the following:

(1) Name and address of the applicant;

(2) Name and address of the owner of land on which proposed construction is to occur;

(3) Name and address of the contractor;

(4) Site location including address;

(5) Listing of other permits or variances required; and

(6) 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.

B. If any proposed construction or development is located entirely or partially within any FCD, 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 and all other applicable chapters, 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/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 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) 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, the FCD, 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 100 feet or less showing the following:

(a) The proposed lowest floor elevation of any proposed building based NAVD of 1988;

(b) The BFE;

(c) Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.

(4) The following data and documentation:

(a) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a BFE; and 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 Zone AE, when combined with all other existing and anticipated development, will not increase the BFE more than one foot at any point.

(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 BFE. 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) Detailed information needed to determine compliance with the regulations set forth in Article 7 of this chapter relating to Subsection F, Storage, of § 108-704, Design and construction standards, and Subsection A, Development which may endanger human life, of § 108-703, Special technical requirements, including:

[1] The amount, location and purpose of any materials or substances referred to in Article 7 of this chapter relating to Subsection F, Storage, of § 108-704, Design and construction standards, and Subsection A, Development which may endanger human life, of § 108-703, Special technical requirements, which are intended to be used, produced, stored or otherwise maintained on site; and

[2] A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Article 7 of this chapter relating to Subsection A, Development which may endanger human life, of § 108-703, Special technical requirements, during a base flood.

(e) The appropriate component of PA DEP's "Planning Module for Land Development."

(f) Where any excavation or grading is proposed, a plan meeting the requirements of PA DEP, to implement and maintain erosion and sedimentation control.

(5) Applications for permits shall be accompanied by a fee as set forth in Article 9 of this chapter relating to fees (§ 108-912).

§ 108-905 Review by MCCD.

A copy of all applications and plans for any proposed construction or development in any FCD to be considered for approval shall be submitted by the Floodplain Administrator to the MCCD for review and comment prior to the issuance of a permit. The recommendations of the MCCD shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.

§ 108-906 Review of application by others.

A copy of all plans and applications for any proposed construction or development in any FCD to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., LMT PC, Township Engineer, etc.) for review and comment.

§ 108-907 Changes.

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.

§ 108-908 Placards.

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, the date of its issuance, and be signed by the Floodplain Administrator.

§ 108-909 Start of construction.

Work on the proposed construction shall begin within 180 days after the date of permit 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 term "start of construction" shall be understood as defined in Article 3 of this chapter relating to specific terms and definitions (§ 108-302). 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 and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

§ 108-910 Enforcement; violations and penalties.

A. Notices. Whenever the Floodplain Administrator or other authorized Township of Lower Moreland 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 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 state law; and

(5) Contain an outline of remedial action 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 of Lower Moreland shall pay a fine to the Township of Lower Moreland of no more than $500 plus costs of prosecution. 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 LMT BOC to be a public nuisance and abatable as such.

§ 108-911 Appeals.

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 LMT ZHB. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

B. Upon receipt of such appeal, the LMT ZHB shall set a time and place, within not less than 10 or not 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 LMT ZHB may seek relief therefrom by appeal to court, as provided by state law including the Pennsylvania Flood Plain Management Act (Act 166-1978).[1]

[1] Editor's Note: See 32 P.S. § 679.101 et seq.

§ 108-912 Fees.

A. The LMT BOC shall establish by resolution a schedule of fees, charges, and expenses and collection procedures for applications for permits, conditional uses, variances, appeals, and other matters pertaining to this chapter.

B. The schedule of fees shall be available for the inspection of any interested party during office hours in accordance with the Pennsylvania Right-to-Know Law[1] and may be altered or amended by resolution of the LMT BOC.

[1] Editor's Note: See 65 P.S. § 67.101 et seq.

C. Until all application fees, charges, and expenses have been paid in full, the application or appeal shall not be considered complete. Therefore, no proceedings related to any such application or appeal shall be initiated, no established time elements shall begin to accrue, and no action shall be taken on any such application or appeal.

§ 108-913 Repealer.

All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.

§ 108-914 When effective.

This chapter shall become effective five days after final enactment.