Building permits shall be required before any construction or development is undertaken within any floodplain area of the Township.
A. 
The building permit officer shall issue a building 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 building permit, the building permit officer shall review the application for the permit to determine if all other necessary governmental 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);[1] the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended).[2] No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. and 32 P.S. § 693.1 et seq., respectively.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Regional Office, Wilkes-Barre. In addition, the Federal Insurance Administrator, FEMA, and Pennsylvania Department of Community and Economic Development shall be notified by the Township prior to any alteration or relocation of any watercourse.
D. 
At the time of enactment of this chapter, and until further amendment, the building permit officer shall be the Township Zoning and/or Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application for such a building permit shall be made, in writing, to the building permit officer on forms supplied by the Township.
A. 
Such application shall contain the following:
(1) 
Name and address of applicant;
(2) 
Name and address of owner of land upon which construction is to occur;
(3) 
Name and address of contractor;
(4) 
Site location; and
(5) 
Listing of other permits required.
B. 
A plan of the entire site, drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(1) 
North arrow, scale and date.
(2) 
A location map showing the vicinity in which the proposed activity or development is to be located within the municipality.
(3) 
Topography based upon the National Geodetic Vertical Datum of 1929 showing existing and proposed contours at intervals of two feet.
(4) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.
(5) 
The location of all existing streets, drives and other accessways with information concerning widths, pavement types, and construction, and elevations.
(6) 
The locations of any existing bodies of water or watercourses, buildings, structures and other public or private facilities and any other natural or man-made features affecting, or affected by, the proposed activity or development.
(7) 
The location of the identified floodplain area boundary line, floodway line if available, information and spot elevations concerning the 100-year-flood elevations, and information concerning the flow of water, including direction and velocities.
(8) 
A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements, including the location of any existing or proposed subdivision and land development, in order to assure 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; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
(1) 
Detailed architectural or engineering drawings, including building size, floor plans, sections and exterior building elevations, as appropriate;
(2) 
The proposed lowest floor elevations of any proposed building based upon National Geodetic Vertical Datum of 1929;
(3) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood and the elevation of the 100-year flood;
(4) 
Detailed information concerning any proposed floodproofing measures;
(5) 
Cross-section drawings for all proposed streets, drives and other accessways and parking areas showing all rights-of-way and pavement widths;
(6) 
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades;
(7) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities;
(8) 
Soil types.
D. 
The following data and documentation:
(1) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (special floodplain area), when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
(2) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100-year-flood elevations, pressures, velocities, impact and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the 100-year 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.
(3) 
Detailed information needed to determine compliance with § 242-25F, Storage, and § 242-26, Development which may endanger human life, including:
(a) 
The amount, location and purpose of any materials or substances referred to in § 242-25F and § 242-26 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 dangerous materials or substances listed in § 242-26 during a 100-year flood.
(4) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(5) 
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.
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 building permit officer to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the building permit officer 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 building permit officer to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
After the issuance of a building permit by the building permit officer, 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 building permit officer. Requests for any such change shall be in writing and shall be submitted by the applicant to the building permit officer for consideration.
In addition to the building permit, the building permit officer 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 building permit and the date of its issuance and be signed by the building permit officer.
A. 
Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the building permit officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
B. 
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the building permit officer to approve such a request.
A. 
During the construction period, the building permit officer 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 Township laws and ordinances. He or she shall make as many inspections during and upon completion of the work as are necessary, at the discretion of the building permit officer.
B. 
In the discharge of his or her duties, the building permit officer 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.
C. 
In the event the building permit officer 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 building permit officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
D. 
A record of all such inspections and violations of this chapter shall be maintained.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Applications for a building permit shall be accompanied by a fee, payable to the Township, based upon the estimated cost of the proposed construction as determined by the building permit officer at rates as set by the Township Board of Supervisors from time to time.
A. 
Notices. Whenever the building permit officer 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 regulation adopted pursuant thereto, the building permit officer 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; and
(5) 
Contain an outline of remedial action 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 or direction of the building permit officer or any other authorized employee of the municipality shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of such payment, such person may be sentenced to imprisonment for a period not to exceed 90 days. Each day or portion thereof during which any violation of this chapter continues shall constitute a separate offense, and each such section of this chapter that is violated shall also constitute a separate offense. 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 Board of Supervisors to be a public nuisance and abatable as such.
[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 building permit officer involving 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 or action of the building permit officer.
B. 
Upon receipt of such appeal, the Board of Supervisors shall set a time and place, within not less than 10 nor 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.
C. 
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 this commonwealth, including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.