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.
B.
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.
C.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Township Secretary.
As applicable, a permit shall be required before any construction
or development is undertaken within any floodplain or flood hazard
area located within any area of Darlington Township, and said permit
shall be issued by the Floodplain Administrator.
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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made and
the applicant has provided a copy of such permit(s) to the Floodplain
Administrator.
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 repetitive
loss concerns can be addressed before the permit is issued.
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 Darlington Township for whatever action it
considers necessary.
G.
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.
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 the Floodplain Ordinance as the Floodplain Administrator/Manager.
J.
The Floodplain Administrator shall consider the requirements of the
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 Darlington 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.
(8)
Any other information as may be required/requested by the Floodplain
Administrator.
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 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;
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)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and floodway area (see § 85-19A) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(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.
(d)
(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.
(5)
Applications for permits shall be accompanied by a fee, payable to
Darlington Township, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
A.
The Floodplain Administrator shall advise that Darlington Township
submits, to the Beaver County Planning Commission, copies of all land
development plans (as defined by the Pennsylvania Municipalities Planning
Code, Act 247, as amended)[1] within the floodplain that are under the review of the
Floodplain Administrator. Such submittal shall be in accordance with
the subdivision and land development review process as established
by the Beaver County Planning Commission. The recommendations of the
Beaver County Planning Commission shall be considered by the Floodplain
Administrator in its review of these land development plans.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
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 Floodplain Administrator to
the Beaver 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.
As directed 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 Commission, Municipal Engineer,
etc.) deemed appropriate by the Floodplain Administrator for review
and comment. The applicant shall be responsible for any fees associated
with these reviews.
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 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 and the date of its issuance, and shall 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 also 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 a development permit does not refer to the zoning approval.
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, and such request is received 45 calendar
days before the expiration of the existing permit.
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, partnership, business, or corporation 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 Darlington Township shall be guilty of a summary offense and upon conviction shall pay a fine to Darlington Township of not less than $25 nor more than $500 plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in law or 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 of noncompliance or permit it to continue. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for the person, partnership, business, or corporation violating this chapter to have been only one such violation. The fifth day following the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues, shall constitute a separate violation. All such persons, partnerships, businesses, or corporations shall be required to correct or remedy such violations and noncompliance within 30 days of receiving notice, order or direction of the Floodplain Administrator, or any other designated employee of Darlington Township to provide such notice, unless the person has exercised his/her rights of appeal pursuant to § 85-17, Appeals. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by Darlington Township 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 Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
