[Ord. 2012-01, 4/9/2012, § III.1]
The Zoning Officer of the Township of Douglass is hereby appointed
to administer and enforce this chapter and is referred to herein as
the "Floodplain Administrator."
[Ord. 2012-01, 4/9/2012, § III.2]
A floodplain permit shall be required before any construction
or development is undertaken within the floodplain area of the Township
of Douglass. Issuance of a floodplain permit shall not relieve the
applicant of the obligation to apply for and obtain any and all local,
state and/or federal permits for the activity.
[Ord. 2012-01, 4/9/2012, § III.3]
1. 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.
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); 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.
3. 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.
4. 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.
5. 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 and Township Manager
for whatever action it considers necessary.
6. The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
7. The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the latest adopted Pennsylvania versions of the International
Building Code and the International Residential Code.
[Ord. 2012-01, 4/9/2012, § III.4]
1. Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Douglass, Berks
County. 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 building
before the flood damage occurred where appropriate.
G. A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
H. Berks County Tax Parcel Number.
2. 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:
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.
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
to make the above determination:
A. A completed permit application form.
B. 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:
(1)
North arrow, scale, and date.
(2)
Topographic contour lines.
(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 access
ways.
(5)
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.
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.
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)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(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 §
8-402, Subsection 1B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(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.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
(5)
Detailed information needed to determine compliance with §
8-503, Subsection 1F, "Storage," and §
8-504, "Development Which May Endanger Human Life," including:
(a)
The amount, location and purpose of any materials or substances referred to in §
8-503, Subsection 1F, and §
8-504 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 §
8-504 during a base flood.
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
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.
4. Applications for permits shall be accompanied by a fee, payable to
the municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
[Ord. 2012-01, 4/9/2012, § III.5]
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,
Township Engineer, etc.) for review and comment.
[Ord. 2012-01, 4/9/2012, § III.6]
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.
[Ord. 2012-01, 4/9/2012, § III.7]
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 be signed by the Floodplain
Administrator.
[Ord. 2012-01, 4/9/2012, § III.8]
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 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.
2. 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.
[Ord. 2012-01, 4/9/2012, § III.9]
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:
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 this state.
E. Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this Part.
2. Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this Part 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 guilty
of a misdemeanor and upon conviction shall pay a fine to the Township
of Douglass, of not more than $600 plus costs of prosecution. In addition
to the above penalties all other actions are hereby reserved including
an action in equity for the proper enforcement of this Part. The imposition
of a fine or penalty for any violation of, or noncompliance with,
this Part 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 Part may be declared by the Board of Supervisors to be a public
nuisance and abatable as such.
[Ord. 2012-01, 4/9/2012, § III.10]
1. Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
Part, 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.
2. Upon receipt of such appeal the Zoning Hearing Board shall set a
time and place, within not less than 10 or 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 Zoning Hearing Board
may seek relief there from by appeal to court, as provided by the
laws of this state including the Pennsylvania Flood Plain Management
Act.