A. 
The Borough of Langhorne Zoning Officer is appointed to administer and enforce this chapter and shall be referred to as the "Floodplain Administrator." The Borough Council, may by resolution, appoint another officer or agent to act as the Floodplain Administrator. The Floodplain Administrator may A) fulfill the duties and responsibilities set forth in this chapter; B) delegate duties and responsibilities set forth in this chapter to qualified technical personnel, plan examiners, inspectors, and other employees; or C) enter into a written agreement or written contract with another agency, other municipal or governmental entity or private sector individual or entity to administer specific provisions of this chapter. Administration of any part of this chapter 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 a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Borough Manager.
No construction or development shall be undertaken within any area of the Borough of Langhorne unless and until a floodplain permit is issued signifying the floodplain permit applicant's compliance with this chapter and all other applicable codes and ordinances.
A. 
The Floodplain Administrator shall issue a floodplain 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 floodplain permit application together with other permit applications to determine if all other necessary government permits required by the Borough of Langhorne ordinances, county, 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.
[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 a floodplain permit, the Floodplain Administrator shall review the history of the subject building so that a floodplain permit may be denied should any repetitive flood loss concerns be unable to be remedied in full compliance with the provisions of this chapter.
D. 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is in compliance with the information provided on the floodplain permit application and all applicable municipal laws and ordinances. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are deemed necessary.
E. 
To the full extent not prohibited by the Sixth Amendment to the United States Constitution and the Pennsylvania Constitution in the discharge of their duties, the Floodplain Administrator or their agents 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 the applicant or any of applicant's representatives or agents, the Floodplain Administrator may revoke the floodplain permit or have the applicant make satisfactory arrangements to remedy such noncompliance, false statement, or misrepresentation. The Floodplain Administrator shall report such event to Borough Council for whatever additional action they consider necessary.
G. 
As required by federal and state laws, the Floodplain Administrator shall maintain all records in an accessible format 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 the United States Federal Emergency Management Agency ("FEMA") concerning community participation in the National Flood Insurance Program.
I. 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator may be delegated; however, the ultimate responsibility lies with the person identified in this chapter as the Floodplain Administrator.
J. 
The Floodplain Administrator shall consider the applicable requirements of Title 34 of the Pennsylvania Code (Labor and Industry), the 2009 International Building Code ("IBC") and the 2009 International Residential Code ("IRC") or latest revisions thereof as adopted by the Commonwealth of Pennsylvania.[2]
[2]
Editor's Note: See also Chapter 152, Construction Codes, Uniform, of this Code.
A. 
An application for a floodplain permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough. Such application shall contain the following:
(1) 
Name and address of the applicant;
(2) 
Name and address of the owner of land on which the proposed alterations or construction is to occur;
(3) 
Name and address of the contractor and all subcontractors;
(4) 
Site location, including address and Tax Map parcel number;
(5) 
Listing of other Borough, county, state and federal 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 and land before the flood damage occurred where appropriate; and
(7) 
A plan of the site showing the exact size and location of the proposed alterations and construction as well as any existing buildings or structures.
B. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for floodplain 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 statutes, laws, 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 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 and 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 floodplain 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, if available;
(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, alleys, sidewalks and other access ways; 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; and
(c) 
Supplemental information as may be necessary under Title 34 of the Pa. Code, the IBC or the IRC then in effect.[1]
[1]
Editor's Note: See also Chapter 152, Construction Codes, Uniform, of this Code.
(4) 
The following data and documentation:
(a) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations;
(b) 
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 § 203-17), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation;
(c) 
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 that have been incorporated into the design of the structure and/or the development;
(d) 
Detailed information needed to determine compliance with § 203-24F, Storage, and § 203-25, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 203-24F and 203-25 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 § 203-25 during a base flood.
(e) 
The appropriate component of the Department of Environmental Protection's ("DEP") "Planning Module for Land Development;"
(f) 
Where any excavation or grading is proposed, a plan meeting the regulations of the DEP, to implement and maintain erosion and sedimentation control; and
(g) 
A completed Federal Emergency Management Agency (FEMA) National Flood Insurance Program Elevation Certificate shall be provided to the Borough for all buildings constructed, substantially improved or placed within any areas of the Borough of Langhorne, classified as Special Flood Hazard Areas (SFHAs) in the FIS and the accompanying FIRMs dated March 16, 2015, and issued by FEMA or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
D. 
Applications for floodplain permits shall be accompanied by a fee, payable to the Borough of Langhorne, based upon the estimated cost of the proposed construction as determined by Borough Council by resolution.
A copy of all plans and applications for any proposed alteration, construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to such agencies and/or individuals who by virtue of their areas of regulation and expertise may make meaningful review and comment (e.g., Planning Commission, Municipal Engineer, etc.).
After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, floodplain 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.
In addition to the floodplain permit, the Floodplain Administrator shall issue a placard that shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the floodplain permit, the date of its issuance, and be signed by the Floodplain Administrator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Work on the proposed alteration, construction or development shall begin within 180 days after the date of issuance of the floodplain permit. All work shall be completed within 12 months after the date of issuance of the floodplain permit. Thereafter the permit shall expire and all work shall cease, until and unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance or expiration of a floodplain permit does not impact any land use approval issued in accordance with Section 508 of the Pennsylvania Municipalities Planning Code ("MPC"), 53 P.S. § 10508, or any zoning permit issued pursuant Chapter 450, Zoning, as amended, or any zoning relief issued by the Borough Zoning Hearing Board pursuant to its jurisdiction under MPC Section 909.1, 53 P.S. § 10909.1.
B. 
For the purposes of this section, the "actual start of construction" shall have the meaning provided in the definition of "start of construction" in § 203-35.
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 this chapter and Flood Insurance Rate Maps/Flood Insurance Study ("FIRM/FIS") in effect at the time the extension is granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Notices. Whenever the Floodplain Administrator or other authorized Borough representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, 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 by personal service; provided, however, after unsuccessful attempts at personal service on two separate occasions, notice may be served by first-class mail to the address which the property owner or his agent provided in the floodplain permit application made in accordance with § 203-10 and conspicuously posting at the property that is the subject of the permit; and
(5) 
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter.
B. 
Penalties.
(1) 
Criminal penalties. Any person, entity, partnership, or corporation who violates any of the provisions of this chapter shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bucks County. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney, as required under Pa.R.Crim.P. 83(c), relating to trial in summary cases. All fines collected for violations shall be paid over to the Borough Treasurer.
(2) 
Civil penalties. In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter, the Borough may impose a civil penalty for each violation of this chapter. Any person, entity, partnership, or corporation who violates any of the provisions of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this chapter shall be paid to the Borough Treasurer.
(3) 
Enforcement in equity. In addition to proceeding under any other remedy available for a violation of this chapter, this chapter may be enforced by the Borough through an action in equity brought in the Commonwealth Court or Court of Common Pleas of Bucks County in accordance with Section 502(b) of the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.502(b).
(4) 
Public nuisance. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered or relocated, not in compliance with this chapter may be declared by the Borough to be a public nuisance in accordance with Section 502(a) of the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.502(a), and abatable as such.
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 Borough Zoning Hearing Board pursuant to Section 909.1(a)(4) of the MPC, 53 P.S. § 10909.1.(a)(4). 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 procedures for such hearings set forth in the MPC and Chapter 450, Zoning, as amended.
C. 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief by appeal to court, as provided by MPC Section 11001-A et seq., 53 P.S. § 11001-A et seq.