The Limerick Township Manager is appointed to administer and
enforce this chapter and is referred to herein as the "Floodplain
Administrator." The Floodplain Administrator may: fulfill the duties
and responsibilities set forth in these regulations; delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees; or enter
into a written agreement or written contract with another agency or
private sector entity to administer specific provisions of these regulations.
Administration of any part of these regulations by another entity
shall not relieve the community 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. In
the absence of a designated Floodplain Administrator, the Floodplain
Administrator's duties are to be fulfilled by the Limerick Township
Engineer. The Floodplain Administer shall consider the requirements
of the 34 Pa. Code and the latest adopted Pennsylvania version of
the IBC and IRC.
A permit shall be required before any construction or development
is undertaken within any identified floodplain area of Limerick 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 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. He/she 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, maintaining records of lowest floor and floodproofing elevations
for new construction and substantial improvements, permitting, inspection
and enforcement. A complete record of all appeals for relief requests
and related actions shall be maintained by the Floodplain Administrator.
In addition, a report of all relief granted during the year shall
be included in the annual report to the Federal Insurance Administration.
G.
The Floodplain Administrator is the official responsible for submitting
a biennial report to the 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 the floodplain ordinance as the Floodplain Administrator.
A.
Application for such 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
is to occur.
(3)
Name and address of contractor.
(4)
Site location including address.
(5)
Listing of other permits 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.
(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 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 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 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;
(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.
(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 base flood; and
(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 a Floodway Area/District (See § 89-5A.) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(d)
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 (See § 89-5B.) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
(e)
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.
(f)
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
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 municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
A copy of all applications and plans for construction or development
in any designated floodplain district to be considered for approval
shall 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 shall be considered
by the Floodplain Administrator for possible incorporation into the
proposed plan.
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 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, the date of its issuance, and be signed by the Floodplain
Administrator.
Work on the proposed construction 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 manufacture 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.
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 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 this state;
(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 of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall pay a fine
to the Township, of not less than $25 nor more than $600, plus costs
of prosecution. Every day the violation exists shall constitute a
separate violation and fine. 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
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 Limerick Township Board of Supervisors to be a public nuisance
and abatable as such.
A.
Any person, partnership, business, or corporation aggrieved by any
action or decision of the Floodplain Administrator concerning the
administration of the provisions of this chapter may appeal to the
Limerick Township Board of Supervisors ("Floodplain Appeal Board").
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 Floodplain Appeal Board shall set
a time and place, within 60 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, partnership, business, or corporation aggrieved by the
decision of the Floodplain Appeal Board may seek relief therefrom
by appeal to the Montgomery County Court of Common Pleas within 30
days from the date of the decision by the Floodplain Appeal Board.
Upon receipt of an appeal, the Floodplain Appeal Board may grant
relief from the strict application of the requirements in accordance
with the following criteria:
A.
No relief shall be granted for any construction, development, use
or activities within the designated Floodway Area/District (FW) that
would cause any increase in the base flood elevation.
B.
No relief shall be granted for any construction, development, use
or activities is within the AE Area/District without floodway that
would, together with all existing and anticipated development, increase
the base flood elevation more than one foot at any point.
D.
In reviewing any request for relief, the Floodplain Appeal Board
shall consider but not be limited to the following criteria:
(1)
That there is good and sufficient cause, including:
(a)
There are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shaper, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions.
(b)
That because of such physical circumstances or conditions, there
is not possibility that the property can be developed in strict conformity
with the provisions of this chapter and that authorization of relief
is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the relief, is granted, will not alter the essential character
of the neighborhood where the property is located, nor substantial
or permanently impair the appropriate use or development of adjacent
property nor be detrimental to the public welfare.
(e)
Consideration shall be given to the availability of alternate
location not subject to flooding for the proposed use.
(f)
Consideration shall be given to the relationship of the proposed
use with respect to the Comprehensive Plan and floodplain management
program.
(2)
That the granting of the variance will not result in any unacceptable
or prohibited increased flood heights, additional threats to public
safety or extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with any other
applicable local or state ordinances and regulations, including, but
not limited to:
(a)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(b)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(c)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(d)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwater expected at the site.
(3)
Consideration for the structure shall include but is not limited
to:
(a)
All structures shall be designed and constructed so as to have
the capability of resisting the hydrostatic and hydrodynamic loads
and pressures and effects of buoyancy of the base flood.
(b)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(c)
The importance of the services provided by the proposed facility
to the community.
(d)
The requirements of the facility for a waterfront location.
(4)
That failure to grant the variance would result in exceptional hardship
to the applicant.
(5)
No relief shall be granted for any construction, development, use
or activities unless its represents the least modification necessary
to provide relief.
E.
In granting any relief, the Floodplain Appeal Board may attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare and to achieve the
objectives of this chapter.
