A.
The Township Manager is hereby appointed to administer
and enforce this chapter and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in
these regulations;
(2)
Delegate duties and responsibilities set forth in these
regulations to qualified technical personnel, plan examiners, inspectors,
and other employees; or
(3)
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.
B.
In the absence of a designated Floodplain Administrator,
the Floodplain Administrator duties are to be fulfilled by the Director
of Codes, Inspections and Emergency Services.
A permit shall be required before any construction or development
is undertaken within any area of Warrington 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 chapter 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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
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 cumulative
substantial damage concerns can be addressed before the permit is
issued.
[Amended 1-10-2017 by Ord. No. 2017-O-01]
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. He/she shall make as many inspections during and upon
completion of the work as are necessary.
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 identified floodplain area, 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 any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
G.
The Floodplain Administrator shall maintain in perpetuity,
or for the lifetime of the structure, all records associated with
the requirements of this chapter, including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
[Amended 1-10-2017 by Ord. No. 2017-O-01]
H.
The Floodplain Administrator is the official responsible
for submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
I.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
The Floodplain Administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by Warrington 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)
Tax parcel number (TPN) of the land on which the proposed
construction is to occur.
(4)
Name and address of contractor.
(5)
Site location, including address.
(6)
Listing of other permits required.
(7)
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.
(8)
A plan of the site, signed and sealed by a professional
engineer or professional land surveyor currently licensed in the Commonwealth
of Pennsylvania, 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 chapter
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; and
(7)
Electrical, heating, ventilation, plumbing, and 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, signed and sealed by a professional
engineer or professional land surveyor currently licensed in the Commonwealth
of Pennsylvania, 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 at one-foot or two-foot
intervals referenced to the North American Vertical Datum of 1988
(NAVD 88);
[Amended 1-10-2017 by Ord. No. 2017-O-01]
(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, identified floodplain areas, 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 suitable scale, showing the following:
(4)
The following data and documentation:
(a)
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 any identified floodplain area (see § 181-16), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
(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 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.
(e)
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
(f)
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 Township, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
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 Department,
Municipal Engineer, County Conservation District, 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.
A.
Work on the proposed construction or development shall
begin within 180 days after the date of issuance of the development
permit. Work 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 issuance
of development permit does not refer to the zoning approval.
[Amended 1-10-2017 by Ord. No. 2017-O-01]
B.
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.
C.
Time extensions shall be granted only if a written request
is submitted by the applicant, who 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 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 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 Warrington Township of not 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. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Warrington Township Zoning Hearing
Board. Such appeal must be filed, in writing, within 30 days after
the decision, determination or action of the Floodplain Administrator.
