The Township Code Enforcement Officer shall administer and enforce this chapter and is referred to herein as the floodplain administrator.
A. 
A land use permit shall be required for any regulated activity proposed within a floodplain area. Land use permits shall be approved and issued by the floodplain administrator.
B. 
Land use permits shall be issued only after it has been determined that the proposed work has been planned and designed in conformance with the requirements of this and all other applicable regulations, codes and ordinances.
C. 
Land use permits shall be issued only after the applicant demonstrates that all other applicable county, state and federal permits have been issued and/or requirements have been met.
D. 
If an activity requiring a land use permit would alter or modify the location of a watercourse in an adjoining municipality, or if the activity would alter or modify the boundary or elevation of the floodplain in an adjoining municipality, then the approval of the affected municipality shall be obtained prior to issuance of a land use permit by the Township.
E. 
If an activity requiring a land use permit would result in modifications to the boundary or elevation of the floodplain on any property or properties not owned by the applicant, then the applicant shall obtain the written consent of the affected property owner(s) for the modification prior to issuance of a land use permit by the floodplain administrator.
A. 
The applicant shall notify the Pennsylvania Department of Community and Economic Development of any modifications to the floodplain boundary or floodplain elevation. Confirmation of such notification shall be provided to the Township in the form of a certified mail return receipt.
B. 
The applicant shall notify the Township if a request is made for either a Letter of Map Revision (LOMR) or Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency. The final determination and letter issued by FEMA shall be provided to the Township along with the supporting documentation, calculations, analysis, etc., submitted to FEMA for the LOMR or CLOMR request.
A. 
Application for land use permits shall be made in writing on forms provided by the Township.
B. 
At a minimum, the following information shall be submitted with the land use permit application:
(1) 
A plan of the entire site, clearly and legibly drawn, at a scale no smaller than one inch equals 100 feet and containing the following:
(a) 
The name, address and telephone number of the property owner and developer.
(b) 
The name, address and telephone number of the individual or firm preparing the plan as well as the date that the plan was prepared and date(s) of subsequent revisions.
(c) 
The applicable FEMA Flood Insurance Rate Map and Panel Number.
(d) 
The location of floodplain with the FEMA Zone indicated (i.e., Zone A, Zone AE, etc.).
(e) 
The floodplain area as identified in § 11A-32 of this chapter in which regulated activities are proposed.
(f) 
The elevation of the one-hundred-year flood in accordance with Article III of this chapter.
(g) 
A listing of all local, County, State and Federal permits required for the proposed project.
(h) 
The location of the project shown on a U.S.G.S. 7.5-minute Series Topographic Map at a scale of one inch equals 2,000 feet.
(i) 
A north arrow.
(j) 
The property boundary including the metes and bounds of all lot lines and the size of the property expressed in acres and square feet.
(k) 
The name and title reference of all adjoining properties.
(l) 
Existing and proposed topographic contours shown at a maximum two-foot contour interval in areas where slopes are 15% or less. In areas where slopes are steeper than 15%, a five-foot contour interval can be used. Topography shall be based upon the National Geodetic Datum of 1988.
(m) 
The location of all existing and proposed buildings, structures, roads, utilities and other improvements, including the location of any existing or proposed subdivision or land development, within the project area. If the project would result in any modification to the location or elevation of the floodplain, then the aforementioned features shall be shown in any and all areas that would be impacted by the floodplain modification(s).
(n) 
Cross section details of proposed streets, drives and other vehicular accessways including right-of-ways and pavement widths.
(o) 
Profile drawings of all proposed streets, drives and other vehicular accessways including existing and proposed grades and the elevation of the one-hundred-year flood.
(p) 
Profile drawings of all proposed sanitary sewer lines, water mains and storm sewers.
(q) 
The lowest floor elevation (and first floor elevation, if not the lowest floor) of any proposed building based upon the National Geodetic Datum of 1988.
(r) 
Existing waterways, water bodies and wetlands within the project area. The absence or presence of wetlands shall be determined by a qualified wetlands delineator according to the criteria contained in the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual.
(s) 
An overlay showing soil names and boundaries with hydric soils identified.
(t) 
The locations of all utilities, sanitary sewers and water lines in, and within 50 feet of, the project area.
(u) 
A staging and implementation schedule for construction.
(v) 
A statement, signed by the landowner, acknowledging that the nature and scope of the activities depicted on the plan cannot be modified without prior written authorization by the Township.
(w) 
A note identifying the owner of all improvements and/or facilities, and the individual, party or entity responsible for maintenance and operation of the same.
(x) 
Detailed architectural or engineering drawings of all proposed buildings and structures including floor plans, sections, exterior elevations, the elevation of all floors including the basement and the elevation of the one-hundred-year flood.
(y) 
Detailed information concerning any proposed flood-proofing measures and corresponding elevations.
(z) 
A statement, signed by a registered professional engineer who states that the proposed structures and other improvements have been adequately designed to withstand the applicable pressures, velocities, impact and uplift forces of the one-hundred-year flood. An architect's certification shall be accepted for structures.
(2) 
Technical documentation and data as follows:
(a) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(b) 
Hydrologic and hydraulic analyses and design computations, certified by a registered professional engineer, demonstrating the adequacy of all proposed drainage structures, flood conveyance structures and flood control measures.
(c) 
Documentation, having sufficient detail to permit a thorough technical review, certified by a registered professional engineer, to demonstrate that the impact(s) (or lack thereof) of the regulated activity on the floodplain are in accordance with the provisions of § 11A-42.
(d) 
Documentation, signed by a registered professional engineer or architect, confirming that all structures have been designed in accordance with the provisions of § 11A-43 through § 11A-46.
(e) 
The amount, location and purpose of any materials or substances referred to in §§ 11A-45F and 11A-46A which are intended to be used, produced, stored or otherwise maintained on site.
(f) 
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 § 11A-46A during a one-hundred-year flood.
(g) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(3) 
The Township shall have the right to require additional information it considers necessary to conduct an adequate review of the application.
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the applicant to the County Conservation District for review and comment prior to the issuance of a land use permit. The comments of the Conservation District shall be considered by the Township prior to approving a land use permit.
A copy of all land use permit applications may be submitted by the Township to any other appropriate agencies and/or individuals (e.g., Planning Commission, Township Engineer, etc.) for review and comment. The comments generated by such reviews shall be considered by the Township prior to approval of applications.
After the issuance of a land use permit by the Township, no change 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 Township. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Township for consideration.
The start of construction for the regulated activity 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. 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. All extension approvals shall be in accordance with the latest FEMA Flood Insurance Study/Flood Insurance Rate Maps, and Township Floodplain Management Ordinance in effect at the time of the approval.
A. 
The Township or its designated official(s) shall have the authority to enter the premises or development in the identified floodplain area, upon presentation of proper credentials at reasonable hours to enforce the provisions of this chapter. The Township shall make as many inspections as necessary during and upon completion of the work.
B. 
In the event that the Township 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 the applicant, the Township shall revoke the land use permit until such time that appropriate remedial action is taken to bring the project into compliance with the applicable regulations and terms of the approved land use permit application.
C. 
A record of all such inspections and violations of this chapter shall be maintained by the Township.
D. 
The requirements of Title 34 of the Pa.Code, IBC, latest edition, and IRC, latest edition, pertaining to elevation certificates and record retention shall be considered.
An application fee schedule shall be available at the Township office at all times. In addition to the application fee, the applicant shall be responsible to reimburse the Township for any consulting fees that may be incurred as part of any technical review of the application required to determine compliance with this chapter.
A. 
Notices. Whenever the Township or authorized 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 Township 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 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 Township or authorized representative shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of not less than $25 nor more than $600 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this chapter continues 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 noncompliances 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.
A. 
Any person aggrieved by any action or decision of the Township concerning the administration of the provisions of this chapter, may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Township.
B. 
Upon receipt of such appeal the Board of Supervisors shall set a time and place, within not less than 10 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 Board of Supervisors may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth including the Pennsylvania Flood Plain Management Act.