The Perkiomen Township Code Enforcement Officer is hereby appointed to administer, interpret, and enforce this chapter and is referred to herein as the Floodplain Administrator. In the temporary or permanent absence or unavailability of the Code Enforcement Officer, the Township Manager and/or the Township Engineer are hereby authorized to act as the Floodplain Administrator.
A permit shall be required before any construction or development is undertaken within the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit required shall be the special permit identified in Article VIII.
A. 
The Floodplain Administrator may issue a permit only after it has been determined that the proposed work to be undertaken will conform to 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 permit application to determine if all other 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.
[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 permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed.
D. 
During construction, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the permit application and with all applicable municipal laws and odinances. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary to assure compliance with this chapter.
E. 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the Floodplain Conservation District, 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 and ordinances, or, that there has been a false statement or misrepresentation by an applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Township for whatever action it determines 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, as adopted by Township under the Pennsylvania UCC.
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 and development is to occur.
(3) 
Name and address of contractor.
(4) 
Site location including address.
(5) 
Listing of other permits or variances required.
(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 Floodplain Conservation District, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator and Township Engineer 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 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 from entering or accumulating under or around said facilities.
C. 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator or Township Engineer 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 Floodplain Conservation District, 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, clearly and legibly drawn at a 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 BFE;
(c) 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or latest revisions thereof, as adopted by the Township under the Pennsylvania UCC.
(4) 
The following data and documentation:
(a) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(b) 
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.
(c) 
Documentation, certified by a registered professional engineer to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the BFE more than one foot 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 BFE. Such statement shall include a description of the type and extent of flood-proofing measures which have been incorporated into the design of the structure and/or the development.
(e) 
Detailed information needed to determine compliance with §§ 172-26F and 172-25, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 172-25 and 172-26F which are intended to be used, produced, stored or otherwise maintained on site.
[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 § 172-25 during a base flood.
(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.
(5) 
Applications for permits shall be accompanied by a fee, payable to Perkiomen Township, in accordance with the Township's Fee Schedule.
A copy of all applications and plans for any proposed construction or development in any Floodplain Conservation District may be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District may be considered by the Floodplain Administrator for incorporation into the proposed plan.
A copy of all plans and applications for any proposed construction or development in any Floodplain Conservation District may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, Township 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 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 and determination.
A. 
Work on the proposed construction shall begin within 180 days of the date of issuance of the permit and shall be completed within 12 months of 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 § 172-8 of this chapter.
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, and the original permit is compliant with the ordinance and 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 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 the laws of the Commonwealth of Pennsylvania;
(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 of direction of the Floodplain Administrator or any other authorized employee of the Township shall pay a fine to Perkiomen Township of not less than $250 nor more than $1,000, plus costs of prosecution. Each day that a violation goes unabated 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 Floodplain Administrator 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 Township. Such appeal must be filed, in writing, within 30 days of said decision, determination or action of the Floodplain Administrator. In addition, any such appeal must be filed on a form available at the Township or on its website, and shall be accompanied by a filing fee as set forth in the Township Schedule of Fees.
B. 
Upon receipt of such appeal, the Township shall consider the appeal in accordance with the Municipal Planning Code and any other local ordinance.
C. 
Any person aggrieved by any decision of the Township may seek relief therefrom by appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, as provided by the laws of this Commonwealth, including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.