[Ord. 349, 3/20/2017]
(a)
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the Floodplain Administrator.
(b)
The Floodplain Administrator may: A) fulfill the duties and responsibilities
set forth in these regulations; B) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or C) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations, subject
to approval by the Township. 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.
[Ord. 349, 3/20/2017]
A permit shall be required pursuant to this chapter before any
construction or development is undertaken within any identified floodplain
areas of the Township of Lower Heidelberg.
[Ord. 349, 3/20/2017]
(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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] 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,
which may be conditioned on the applicant obtaining all other necessary
government permits or approvals.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.,
32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et
seq., respectively.
(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 issues 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 and subject to any limitations
imposed by law, 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 all records
associated with the requirements of this chapter including, but not
limited to, permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall review all projects subject to
a permit herein for compliance with the requirements of the 34 Pa.
Code, the Zoning Ordinance, and the 2009 IBC and the 2009 IRC or latest
revisions thereof.
[Ord. 349, 3/20/2017]
(a)
The application for such a permit shall be made, in writing, to the
Floodplain Administrator on forms supplied by the Township of Lower
Heidelberg. 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 all evidence supporting the market
value of the building or structure before the flood damage occurred
(where appropriate); and
(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 permitted herein and
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 shall 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, 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:
(i)
North arrow, scale, and date;
(ii)
Topographic contour lines, if available;
(iii)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
(iv)
The location of all existing streets, drives, and other accessways;
and
(v)
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:
(i)
Information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(ii)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(iii)
Documentation, certified by a registered professional
engineer or architect, to show that the effect of any proposed development
within a Floodway Area [see § 402(a)] will not increase
the base flood elevation at any point.
(iv)
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 section § 402(b)],
when combined with all other existing, approved and anticipated development,
will not increase the base flood elevation more than one foot at any
point.
(v)
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.
(vi)
Detailed information needed to determine compliance with § 503(f),
Storage, and § 504, Development Which May Endanger Human
Life, including:
1.
The amount, location and purpose of any materials or substances
referred to in §§ 503(f) and 504 which are intended
to be used, produced, stored or otherwise maintained on site; and
2.
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 § 504 during a base flood.
(vii)
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development.
(viii)
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection, to implemental and maintain erosion and sedimentation
control.
(d)
Applications for permits shall be accompanied by an application fee,
payable to the municipality, based upon the estimated cost of the
proposed construction as determined by the Floodplain Administrator
(who may establish such amount in consultation with the Township Engineer).
(e)
The applicant shall indemnify and hold harmless the Township, the
Floodplain Administrator and any other Township appointed or elected
officials and employees with respect to the review and administration
of this chapter and the issuance of any permit hereunder, except with
respect to willful, intentional violations of the same by such individuals.
[Ord. 349, 3/20/2017]
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.
[Ord. 349, 3/20/2017]
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 or otherwise approved by the Floodplain Administrator
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.
[Ord. 349, 3/20/2017]
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 must bear the signature
of the Floodplain Administrator.
[Ord. 349, 3/20/2017]
(a)
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 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.
(b)
Time extensions shall only be granted if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
to demonstrate that the applicant is pursuing the application, construction
and/or development in a prompt and diligent fashion, all of which
is subject to approval of the Floodplain Administrator.
[Ord. 349, 3/20/2017]
(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 be subject
to a civil enforcement action brought by the Floodplain Administrator
pursuant to Section 1601(c.1) of the Second Class Township Code, being
subject to civil penalties by a district justice not to exceed $600,
plus costs of prosecution and attorneys' fees. 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 Township Floodplain Administrator
to be a public nuisance and abatable as such.
[Ord. 349, 3/20/2017]
(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 Lower Heidelberg Township Zoning Hearing
Board. Such appeal must be filed, in writing, within 30 days after
the issuance of the decision, determination or action of the Floodplain
Administrator at issue. A party's failure to appeal an action
or decision of the Floodplain Administrator within 30 days shall constitute
a waiver of the right to contest such decision, determination or action.
(b)
Upon receipt of such appeal, the Zoning Hearing Board shall set a
time and place for an initial hearing, and shall conduct hearings
related to the appeal, pursuant to the procedures set forth in Section
908 of the Pennsylvania Municipalities Planning Code.[1] Notice of the time and place at which the appeal will
be considered shall be given to all parties, and such notice shall
be posted on the property subject to the appeal at least seven days
prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10908.
(c)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state including the Pennsylvania Flood Plain Management Act.[2] The failure to file an appeal within 30 days of the date
of receipt of the Zoning Hearing Board's decision shall constitute
a waiver of any challenge to the same.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
