[Ord. 277, 2/10/2015]
The Board of Supervisors shall annually appoint the Township
Engineer as the floodplain administrator to administer and enforce
this chapter, and he or she is referred to herein as the "floodplain
administrator."
[Ord. 277, 2/10/2015]
A floodplain permit shall be required before any construction
or development is undertaken within any identified floodplain area
of East Rockhill Township.
[Ord. 277, 2/10/2015]
1.
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 and all other applicable
codes and ordinances.
2.
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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
3.
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 deemed necessary.
4.
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.
5.
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
the Board of Supervisors considers necessary.
6.
The floodplain administrator 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.
7.
The floodplain administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
8.
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 this chapter as the floodplain administrator/manager.
9.
The floodplain administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
[Ord. 277, 2/10/2015]
1.
Application for a floodplain permit shall be made, in writing, to
the floodplain administrator on forms supplied by the Township. The
application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location, including address and Tax Map parcel number.
E.
Listing of other permits required.
F.
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.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for a
floodplain permit shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
A.
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;
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage;
C.
Adequate drainage is provided so as to reduce exposure to flood hazards;
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
and
G.
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
3.
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:
A.
A completed floodplain permit application form.
B.
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:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines;
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)
Location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(5)
Location of all existing streets, drives, and other accessways;
and
(6)
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.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood;
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(3)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within the Floodway Area (refer to § 8-402, Subsection 1), when combined with all other existing and anticipated development, will not increase the base flood elevation at any point;
(4)
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
or the development;
(5)
(6)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development; and
(7)
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.
[Ord. 277, 2/10/2015]
A copy of all applications and plans for any proposed construction
or development with a proposed earth disturbance of 1,000 square feet
or more in any identified floodplain area shall be submitted by the
applicant to the Bucks County Conservation District for review. Requirements
of the Bucks County Conservation District shall be incorporated by
the applicant into the proposed plan. Prior to the issuance of a floodplain
permit by the Township, a letter of adequacy must be received from
the Bucks County Conservation District, where applicable.
[Ord. 277, 2/10/2015]
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 or individuals (e.g., Zoning Officer, Planning
Commission, etc.) for review and comment.
[Ord. 277, 2/10/2015]
After the issuance of a floodplain 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.
[Ord. 277, 2/10/2015]
In addition to the floodplain 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 floodplain permit and the date of its issuance and be
signed by the floodplain administrator.
[Ord. 277, 2/10/2015]
1.
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 floodplain permit
or the permit shall expire, unless a time extension is granted, in
writing, by the floodplain administrator.
2.
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.
3.
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.
[Ord. 277, 2/10/2015]
Applicants for a floodplain permit shall, at the time of making
application, pay to the Township a fee in accordance with a fee schedule
adopted by resolution of the Board of Supervisors upon enactment of
this chapter, or as such schedule may be amended by resolution of
the Board of Supervisors.
[Ord. 277, 2/10/2015]
1.
Notices. Whenever the floodplain administrator or other authorized
Township 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:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
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; and
E.
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
2.
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 summary offense and, upon conviction shall pay a fine to East Rockhill
Township of not less than $25 nor more than $600, 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 the Board of
Supervisors to be a public nuisance and abatable as such.
[Ord. 277, 2/10/2015]
1.
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 must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
