A. 
The Floodplain Administrator, appointed by Resolution of the Municipality, shall be charged with the responsibility to administer and enforce the provisions of this chapter within the Municipality. 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;
(3) 
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.
B. 
Administration of any part of these regulations by another entity shall not relieve the Municipality of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44 CFR 59.22.
C. 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Chief Executive Officer of the Municipality.
A Floodplain Development Compliance Certificate shall be required before any construction or development is undertaken within any area of the Municipality that is subject to flooding.
A. 
The Floodplain Administrator shall issue a Floodplain Development Compliance Certificate only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter, and all other applicable codes and ordinances.
B. 
Should any construction or development involve a land development, as that term is defined in this chapter, a land development plan shall be submitted to the Municipal Engineer for review under both this chapter and the Municipality's Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 123, Subdivision and Land Development.
C. 
All applicants shall provide a copy of the Floodplain Development Compliance Certificate to the individual or individuals having certification under the Pennsylvania Uniform Construction Code (UCC) who shall be responsible for inspection of the proposed construction or development to assure its compliance with the Pennsylvania UCC.
D. 
Prior to the issuance of any Floodplain Development Compliance Certificate, the Floodplain Administrator shall review the Floodplain Development Permit Application 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);[2]the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3]the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4]and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No Floodplain Development Compliance Certificate shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
In the case of existing structures, prior to the issuance of a Floodplain Development Compliance Certificate, the Floodplain Administrator shall review the history of repairs to the existing structure, so that any repetitively damaged concerns can be addressed before the Floodplain Development Compliance Certificate is issued.
F. 
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.
G. 
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, 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 the Municipality's participation in the National Flood Insurance Program (NFIP) as requested.
I. 
The responsibility, authority, and means to implement the commitments of the Floodplain Administrator can be delegated from the individual identified. However, the ultimate responsibility lies with the individual appointed by the Municipality as the Floodplain Administrator.
J. 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2018 International Building Code (IBC) and the 2018 International Residential Code (IRC) or the latest revision(s) thereof as adopted by the Commonwealth of Pennsylvania.
K. 
The Floodplain Administrator shall not issue any Floodplain Development Compliance Certificate to any applicant until the applicant:
(1) 
Secures all requisite Federal, State, and local permits, and provides copies of same to the Floodplain Administrator; and
(2) 
Has fully complied with the 2018 IBC and/or the 2018 IRC; and
(3) 
Has fully complied with all applicable sections of this chapter.
L. 
In the case of existing structures, prior to the issuance of any Floodplain Development Compliance Certificate, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improvement/substantial damage determination can be made in accordance with FEMA's substantial Improvement/Substantial Damage Desk Reference.
M. 
Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant design and construction requirements of this chapter is required.
N. 
FEMA technical bulletins and subsequent guidance publications are incorporated by reference and shall be the basis for interpretation of the applicable provisions of the Uniform Construction Code and of this chapter.
A. 
All applications for a Floodplain Development Compliance Certificate shall be submitted, in writing, to the Floodplain Administrator on forms supplied by the Municipality, and 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) 
Name and address of engineer (if applicable).
(5) 
Name and address of property appraiser (if applicable).
(6) 
Site location including address.
(7) 
Listing of other permits required.
(8) 
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.
(9) 
A plan of the site showing the exact size and location of the proposed 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 a Floodplain Development Compliance Certificate 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 chapter, and all other applicable codes and ordinances; and
(2) 
All utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) 
Structures will be anchored to prevent flotation, collapse, or lateral movement; and
(5) 
Building materials are flood-resistant; and
(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.
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 Development 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) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
(d) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and/or land development.
(e) 
The location of all existing streets, driveways, and other access ways.
(f) 
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 (NAVD88).
(b) 
The elevation of the base flood.
(c) 
Supplemental information as may be necessary under 34 Pa. Code, the 2018 IBC or the 2018 IRC or the latest revision(s) thereof as adopted by the Commonwealth of Pennsylvania.
(4) 
The following data and documentation:
(a) 
An Elevation Certificate signed and sealed by a registered professional land surveyor or registered professional engineer.
(b) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(d) 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area (see Article IV, § 76-4.02A of this chapter) will not increase in the base flood elevation at any point.
(e) 
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 Article IV, § 76-4.02B of this chapter) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the Municipality.
(f) 
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.
(g) 
Detailed information needed to determine compliance with Article V, §§ 76-5.03F and 5.04 of this chapter, including:
[1] 
The amount, location and purpose of any materials or substances referred to in Article V, §§ 76-5.03F and 5.04 of this chapter which are intended to be used, produced, stored, or otherwise maintained on site.
[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 Article V, § 76-5.04 of this chapter during a base flood.
(h) 
The appropriate component of the PA DEP's "Planning Module for Land Development."
(i) 
Where any excavation or grading is proposed, a plan meeting the requirements of the PA DEP, to implement and maintain erosion and sediment pollution control.
(j) 
A Floodplain Development Permit Application fee, and escrow deposit(s) for review and processing of the Floodplain Development Permit Application.
(k) 
The "Estimated Cost of Project" on the Floodplain Development Permit Application form shall be provided by the applicant, and shall be determined by the applicant's building contractor (currently registered with the Pennsylvania Attorney General's Office), the applicant's professional cost estimator, the applicant's registered architect (currently registered to practice architecture in the Commonwealth of Pennsylvania), and/or the applicant's professional engineer (currently registered to practice engineering in the Commonwealth of Pennsylvania, and who must specialize in structural engineering of buildings). A detailed breakdown of the "Estimated Cost of Project" shall be provided to the Floodplain Administrator for review. Items that must be included and detailed in the applicant's "Estimated Cost of Project" are listed in Chapter 4, Section 4.4.1 of FEMA's Substantial Improvement/Substantial Damage Desk Reference (as amended). Items that may be excluded from the applicant's "Estimated Cost of Project" are listed in Chapter 4, Section 4.4.2 of FEMA's Substantial Improvement/Substantial Damage Desk Reference (as amended). During disaster declarations by Federal, State, and/or local government officials, the Floodplain Administrator may use professional judgement and knowledge of current local construction costs to determine the "Estimated Cost of Project." The Floodplain Administrator reserves the right to review the applicant's "Estimated Cost of Project" to determine if the applicant's Estimated Cost is consistent with current local construction costs.
(l) 
The "Market Value of Existing Structure" and the "Market Value of Pre-Damaged Structure" on the Floodplain Development Permit Application form shall be provided by the applicant, and shall be determined by the applicant's certified real estate appraiser (currently registered as a certified real estate appraiser in the Commonwealth of Pennsylvania) or by adjusting the County's assessed value of the existing structure to an approximate market value using current Pennsylvania Common Level Ratio Real Estate Valuation Factors (as amended). The Floodplain Administrator reserves the right to:
[1] 
Review the "Market Value of Existing Structure" from the applicant's certified real estate appraiser using real estate comparables; and
[2] 
To use the recent sale price of the existing structure as the "Market Value of Existing Structure;" and
[3] 
To consult with a certified real estate appraiser (currently registered as a certified real estate appraiser in the Commonwealth of Pennsylvania) regarding the "Market Value of Existing Structure" from the applicant's certified real estate appraiser.
D. 
Applications for a Floodplain Development Compliance Certificate shall be deemed by the Floodplain Administrator, at the time of submission, to be either a minor application or a major application. Minor applications will not require an escrow deposit. All major applications will require an escrow deposit in an amount established from time to time by Resolution of the Municipality for a major application.
E. 
The Floodplain Administrator, or designee, shall not issue any a Floodplain Development Compliance Certificate for a structure denied flood insurance coverage by FEMA, pursuant to Section 1316 of the National Flood Insurance Act of 1968, unless the Floodplain Development Compliance Certificate is for activities to bring the structure into compliance with this chapter, and the 34 Pa. Code and the 2018 IBC and the 2018 IRC, or the latest revision(s) thereof as adopted by the Commonwealth of Pennsylvania.
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., Municipal Planning Commission, Municipal Engineer, PA DEP, certified real estate appraiser, etc.) for review and comment.
After the issuance of a Floodplain Development Compliance Certificate by the Floodplain Administrator, no changes of any kind shall be made to the Floodplain Development Permit Application; Floodplain Development Compliance Certificate; or any of the plans, specifications, or other documents submitted with the Floodplain Development Permit 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 Development Compliance Certificate, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed at the construction and/or development project site during the time construction is in progress. This placard shall include a brief description of the project, the location of the project, the date of its issuance, the Floodplain Development Compliance Certificate number, and the signature of the Floodplain Administrator.
A. 
Work on the proposed construction and/or development shall begin within 180 days after the date of issuance of the Floodplain Development Compliance Certificate. Work shall also be completed within 12 months after the date of issuance of the Floodplain Development Compliance Certificate or the Floodplain Development Compliance Certificate shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. A Floodplain Development Compliance Certificate holder shall notify the Floodplain Administrator of the date for commencement of construction and/or development at least seven days prior thereto. The issuance of a Floodplain Development Compliance Certificate does not refer to any 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 structures, 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 Floodplain Development Compliance Certificate is compliant with the Ordinance and FIRM/FIS in effect at the time the extension is granted.
A. 
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 Floodplain Development Permit Application. The Floodplain Administrator or other authorized official shall make as many inspections during and upon completion of the work as are necessary.
B. 
In the event that the Floodplain Administrator discovers that the work does not comply with the Floodplain Development 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 Floodplain Development Compliance Certificate and report such fact to the Board of Supervisors for whatever action it considers necessary.
C. 
A record of all such inspections and violations of this chapter shall be maintained by the Floodplain Administrator.
D. 
The requirements of 34 Pa. Code, Chapters 401 through 405 (as amended); the IBC (Sections 109.3.3, 1612.5.1, 104.7, and 103.8, or latest revisions thereof); and the 2003 IRC (R106.1.3, R109.1.3 and R104.7, or latest revisions thereof) pertaining to Elevation Certificates and record retention shall be considered.
A. 
Fees payable to the Municipality by an applicant and/or developer shall be established from time to time by Resolution of the Municipality for the following:
(1) 
A Floodplain Development Permit Application fee.
(2) 
Escrow deposit(s) for the following:
(a) 
Review and processing of the Floodplain Development Permit Application, and any related documents.
(b) 
Review by the Municipal Engineer of the Floodplain Development Permit Application.
(c) 
Review by the Municipal Engineer of any and all information concerning the construction and/or development.
(d) 
Any and all consultation with the Municipal Engineer during construction and/or development.
(e) 
Any and all consultation with registered architects and/or professional engineers regarding costs of improvements to existing structures and costs to repair existing structures.
(f) 
Any and all consultation with certified real estate appraisers regarding market value of existing structures.
(3) 
Any and all fees associated with an applicant's or developer's request for a Letter of Map Revision (LOMR) or Conditional Letter of Map Revision (CLOMR).
B. 
Escrow accounts, when required, shall be fully replenished whenever the remaining escrow account balance falls below 25% of the beginning escrow account balance, unless otherwise directed by the Floodplain Administrator. Only after the issuance of a certificate of occupancy by the Municipal Building Code Official to the applicant following the applicant's receipt of a final inspection report by the Municipal Building Code Official indicating full compliance with the UCC will any remaining balance in an escrow account be fully refunded to the applicant.
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; and
(2) 
Include a statement of the reasons for its issuance; and
(3) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires; and
(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 method authorized or required by the laws of the Commonwealth of Pennsylvania; and
(5) 
Contain an outline of remedial actions which, if taken, will affect compliance with the provisions of this chapter; and
(6) 
Indicate the penalties/court proceedings which may be imposed should the violation not be remedied.
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 of direction of the Floodplain Administrator, or any other authorized employee of the Municipality shall be guilty of a summary offense and upon conviction shall pay a fine to the Municipality, of not less than $100 nor more than $1,000 plus costs of prosecution, including, but not limited to, attorney's fees, expert witness fees, filing fees, costs of service, and the like. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this chapter continues shall constitute a separate offense. 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 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.
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 Municipal Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the date of any decision, determination, action, denial, or enforcement notice by the Floodplain Administrator.
B. 
Upon receipt of such appeal, the Municipal Zoning Hearing Board shall set a time and place for a hearing to consider the appeal in accordance with Section 908.(1.2) of the Pennsylvania Municipalities Planning Code (as amended).[1] Notice of the time and place at which the appeal will be considered shall be given to all parties.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
C. 
The Municipal Zoning Hearing Board shall conduct the hearing and make a decision in accordance with Section 908 of the Pennsylvania Municipalities Planning Code (as amended), except that the Floodplain Administrator shall be added to the list of parties in Section 908.(1) of Pennsylvania Municipalities Planning Code (as amended)[2] that shall receive notice of the hearing.
[2]
Editor's Note: See 53 P.S. § 10908(1).
D. 
Any Person aggrieved by any decision of the Municipal Zoning Hearing Board may seek relief therefrom by appeal to courts of the Commonwealth of Pennsylvania, as provided by applicable law(s) of the Commonwealth of Pennsylvania, including the Pennsylvania Flood Plain Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.