[Ord. 2-2013, 4/2/2013]
1. 
The Township Zoning Officer is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator. 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 as authorized by the Board of Supervisors. 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.
2. 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by a Township Code Enforcement Officer.
[Ord. 2-2013, 4/2/2013]
1. 
The Floodplain Administrator may issue applicable permit(s) only after it has been determined that the proposed activity, construction or development to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances, provided all other required permits and approvals from the Township and other governmental agencies are granted.
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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
3. 
In the case of existing structures, prior to the issuance of any development, zoning, building or conditional use permit, the Floodplain Administrator shall review the history of repairs to the subject structure so that any repetitive loss issues can be addressed before any permit is issued.
4. 
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.
5. 
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.
6. 
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 may revoke any issued permit, issue a stop-work order, and report such facts to the Board of Supervisors for whatever action it considers necessary.
7. 
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
8. 
The Floodplain Administrator is the official responsible for submitting a biennial report to the FEMA concerning community participation in the National Flood Insurance Program.
9. 
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.
10. 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
[Ord. 2-2013, 4/2/2013]
A conditional use permit shall be required for all proposed construction or development within an identified floodplain area except for projects classified herein as uses permitted by right or uses permitted by waiver granted by the Board of Supervisors which will require, at a minimum, a zoning permit.
[Ord. 2-2013, 4/2/2013]
1. 
The following activity/uses in identified floodplain areas are permitted by right, provided such activity/use does not involve any activities/uses prohibited by § 8-404, Prohibited Activities and Development:
A. 
Trails with a surface width of 10 feet or less.
B. 
Private events, without permanent structures, for a duration of seven days or less and temporary fairs, carnivals or public events for a duration of seven days or less.
[Ord. 2-2013, 4/2/2013]
1. 
The following activities/uses in identified floodplain areas are permitted by waiver granted by the Board of Supervisors, provided such activity/use does not involve permanent structures, except as stipulated below, and does not involve any activities/uses prohibited by § 8-404, Prohibited Activities and Development:
A. 
Agricultural activities.
B. 
Plant nurseries.
C. 
Forestry and seed production.
D. 
Fish hatcheries.
E. 
Accessory structures for residential purposes of 150 square feet or less.
F. 
Private sportsmen's club recreation activities (for example, archery, hunting, horseshoes).
G. 
Athletic fields.
H. 
Orchards.
I. 
Wildlife sanctuaries.
J. 
Water access facilities of 150 square feet or less for nonmotorized watercraft.
K. 
Trails with a surface width of greater than 10 feet.
L. 
Private events, without permanent structures, for a duration of greater than seven days and temporary fairs, carnivals or public events for a duration of greater than seven days.
M. 
The following small projects if permitted by PA DEP under a water obstruction and encroachment permit which will have an "insignificant impact" as defined by PA DEP (Title 25 Pa. Code, Chapter 105.1):
(1) 
Bridges.
(2) 
Stormwater conveyance and stormwater management facilities as regulated by Chapter 23, Stormwater Management, as may be amended.
[Ord. 2-2013, 4/2/2013]
1. 
All proposed construction, development, uses and activities within an identified floodplain area not listed in § 8-204, Uses Permitted by Right, and § 8-205, Uses Permitted by Waiver, above shall require conditional use approval and conditional use permit. Application for a conditional use shall be made in writing to the Floodplain Administrator on forms supplied by Stroud Township. Such 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.
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 structure before the flood damage occurred where appropriate.
G. 
A plan of the site showing the exact size and location of the proposed development 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, an applicant for a conditional use shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator, Township Engineer and Board of Supervisors to determine that:
A. 
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;
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, 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 or Township Engineer:
A. 
A completed conditional use application form.
B. 
Ten copies of the entire site plan, 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, if available;
(3) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(4) 
The location of all existing streets, drives, and other accessways; and
(5) 
The location of any existing bodies of water, intermittent or historically storm-caused 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:
(1) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(2) 
The elevation of the base flood;
(3) 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, as may be amended.
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) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a floodway area (see § 8-302, Subsection 1A) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(3) 
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 § 8-302, Subsection 1B) when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
(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.
(5) 
Detailed information needed to determine compliance with § 8-404, Subsection 1I, Development or Activity Which May Endanger Human Life, including:
(a) 
The amount, location and purpose of any materials or substances referred to in § 8-404, Subsection 1I, Development or Activity Which May Endanger Human Life, which are intended to be used, produced, stored or otherwise maintained on site.
(b) 
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 § 8-404, Subsection 1I, Development or Activity Which May Endanger Human Life, during a base flood.
(6) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development," if applicable.
(7) 
Where any excavation or grading is proposed, a plan meeting the requirements of Stroud Township, Monroe County Conservation District and/or Department of Environmental Protection to implement and maintain erosion and sedimentation control.
4. 
Applications for a Conditional Use shall be accompanied by a fee according to the Township fee schedule in effect at the time of application payable to Stroud Township. Any unpaid fees shall be paid prior to permit issuance.
5. 
All applications submitted to the Floodplain Administrator for a conditional use shall be accompanied by 10 copies of a site development plan and all supporting documentation prepared in accordance with the provisions contained in § 8-206. Two additional copies of all plans and supporting documentation shall be submitted when an application involves property within 500 feet of an adjacent municipality. Two additional copies of all plans and supporting documentation shall be submitted when an application involves a watercourse bordering an adjacent municipality. Two additional copies of all plans and supporting documentation shall be added to the above requirements when an application involves the proposed alteration or relocation of any watercourse. All applicants must be owners of record or equitable owners of the property in question.
6. 
Township Referrals. Within 10 business days of the filing of a complete and properly prepared application for a conditional use, the Floodplain Administrator shall transmit one copy of such application to the Township Engineer, seven copies to the Planning Commission, one copy to the Secretary of the Board of Supervisors and one copy to each of the following agencies and municipalities, as applicable:
A. 
One 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 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.
B. 
One copy of any application which involves property within a distance of 500 feet of an adjacent municipality shall be transmitted by the Floodplain Administrator to the County Planning Commission for review and comment.
C. 
One copy of any application which involves a watercourse bordering an adjacent municipality shall be transmitted by the Floodplain Administrator to the affected municipality for review and comment.
D. 
One copy of any application which involves the alteration or relocation of any watercourse shall be transmitted by the Floodplain Administrator to the Federal Insurance Administrator and the Department of Community and Economic Development, Bureau of Community Planning for review and comment.
E. 
The Township shall consider the agencies' and/or municipalities' comments if such comments are received within 30 days of the date of transmittal.
7. 
Township Review. In reviewing an application for a conditional use, the Township shall take into consideration all factors relating to the health, safety and welfare of the public in general and of the residents of the immediate and downstream neighborhoods in particular. Such factors shall include, but are not limited to:
A. 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
B. 
The danger that materials may be swept on to other lands or downstream to the injury of other.
C. 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition.
D. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of damage on the individual owners.
E. 
The importance of the services provided by the proposed facility to the community.
F. 
The necessity of the facility for a waterfront location.
G. 
The availability of alternative locations not subject to flooding for the proposed use.
H. 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. 
The relationship of the proposed use to the current Township or multi-municipal Comprehensive Plan and any floodplain management program for the area.
J. 
The safety of access to the property in times of flood of ordinary and emergency vehicle.
K. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site.
8. 
Township Planning Commission Action. Within 60 days of the filing of a complete conditional use permit application with the Floodplain Administrator, the Planning Commission shall recommend to the Board of Supervisors that the application be approved, approved with conditions and/or modifications, or disapproved. Failure on the part of the Planning Commission to provide a recommendation to the Board of Supervisors within the time specified shall not be construed as a favorable recommendation.
9. 
Board of Supervisors' Action.
A. 
Within 80 days of the filing of a complete conditional use permit application with the Floodplain Administrator, the Board of Supervisors shall review all recommendations and render a decision for approval, approval with conditions and/or modifications or disapproval of the conditional use application. Copies of the written decision shall be provided to the applicant and Floodplain Administrator.
B. 
The meeting(s) scheduled for consideration of the application shall be a public hearing(s). Notice of said public hearing shall be given by the Township in accordance with provisions contained in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
10. 
Floodplain Administrator's Action. Within 90 days of the filing of a complete application with the Floodplain Administrator, the Floodplain Administrator shall either issue a conditional use permit in accordance with the Board of Supervisors' written order or notify the applicant in writing that their application is denied and the reason(s) why.
[Ord. 2-2013, 4/2/2013]
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 for review and comment.
[Ord. 2-2013, 4/2/2013]
After the issuance of any 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.
[Ord. 2-2013, 4/2/2013]
In addition to any issued 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(s), the date of its issuance, and be signed by the Floodplain Administrator.
[Ord. 2-2013, 4/2/2013]
1. 
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(s) or the permit(s) 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.
2. 
Time extensions may 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.
[Ord. 2-2013, 4/2/2013]
1. 
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:
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 Pennsylvania;
E. 
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter.
2. 
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than $600 plus all court costs. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by a Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure, at which time, in addition to any penalties, the violator shall be liable for any attorney's fees and costs incurred by the Township. Each day that a violation continues or each section of this chapter which shall be found to have been violated shall constitute a separate violation. 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 immediately or within a reasonable time as determined by the Floodplain Administrator. 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. 2-2013, 4/2/2013]
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 Board of Supervisors. Such appeal must be filed in writing within 30 days after the decision, determination or action of the Floodplain Administrator.
2. 
Upon receipt of such appeal, the Board of Supervisors shall set a time and place, within not less than 10 and 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.
3. 
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 Pennsylvania, including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.