A.
The Township Engineer 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 the designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Director of the Department
of Licenses and Inspections.
A permit shall be required before any construction or development is undertaken within any area of Upper Darby Township, except such work considered exempt by § 305-3B of this chapter.
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); and the U.S. Clean Water Act, § 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
permit 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 the Chief Administrative Officer for whatever
action he 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 this chapter as the Floodplain Administrator.
J.
The Floodplain Administrator, or delegated official, shall consider
the requirements of Title 34 Pa. Code and the 2009 IBC and the 2009
IRC, or the latest edition thereof adopted by the State of Pennsylvania.
A.
Preapplication procedures.
(1)
Prior to the preparation of any plans, a determination shall be made
as to whether or not any portion of the land is in a designated floodplain
district and whether any flood hazards would result from the proposed
development.
(2)
Prior to the preparation of any plans, the prospective developers
shall consult with the Township Engineer concerning soil suitability
if on-site sewage disposal facilities are proposed.
(3)
Prospective developers shall consult with the Delaware County Conservation
District concerning erosion and sediment control and the effect of
soil conditions on the proposed development, if the development is
under 25 acres. A soil and erosion control permit from the Pennsylvania
Department of Environmental Protection is required for developments
of 25 or more acres.
B.
Permit applications for development projects shall be made, in writing,
to the Floodplain Administrator on forms supplied by Upper Darby 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.
C.
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 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.
D.
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 at intervals of two feet; identify
ground slopes greater than 15%; delineate the boundaries of the floodplain
districts.
(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:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC, or latest edition thereof adopted by
the State of Pennsylvania.
(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.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within floodway area (see § 305-19A), when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(d)
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 § 305-18), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation. AE areas adjacent to floodways are exempt.
(e)
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.
(f)
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
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.
E.
Final plan requirements.
(1)
The final plan for development projects shall delineate all portions
of the property that are within designated floodplain areas and shall
be prepared by a registered engineer and surveyor.
(2)
All other information required by Chapter 550, Zoning, of the Township's Code; the Pennsylvania Uniform Construction Code, as adopted by Upper Darby Township (Chapter 262, Article I, of the Code, as amended); the Delaware County Subdivision and Land Development Ordinance of 1978, as amended; the Delaware County Floodplain Protection Ordinance for Subdivision and Land Development of 1977, as amended; and Resolution 7601 of 15 April 1976 for preliminary plan and review.
An application and plans for any proposed construction or development
requiring a floodplain permit in any identified floodplain area shall
be submitted by the applicant's engineer to the Delaware 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.
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,
consulting engineer, architect, 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, or similar document, 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 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.
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.
This chapter shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this chapter. Each subsection of this chapter
that is violated shall constitute a separate violation of this chapter.
[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 Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
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.
