The Zoning Administrator is hereby appointed to administer and
enforce this Part 7 and is referred to herein as the "Floodplain Administrator."
This Part 7 does not establish any requirement of a permit independent of those required under Chapter 145, Zoning, and Chapter 125, Subdivision and Land Development; however, as outlined in Chapter 145, Zoning, Article X, Administration and Enforcement, and Chapter 125, Subdivision and Land Development, Article III, Application of Regulations, respectively,a permit shall be required before any construction or development is undertaken within any area of the Township of Millcreek. The construction, remodeling, renovation or alteration of any building or improvement within any flood-prone area of Millcreek Township shall be conducted in accordance with the regulations of this Part 7.
A.
The Zoning Administrator shall issue a zoning 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.
Any approval of a subdivision or land development plan of property which wholly or in part is located in a flood-prone area shall be expressly subject to the requirement that all work in flood-prone areas shall comply with applicable regulations of this Part 7, and that a zoning permit must be issued subject to the standards set forth in Subsection A.
C.
Prior to the issuance of any permit, the applicant shall determine
whether 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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 and
verified by letter from the respective state or federal department
or agency.
D.
During the construction period, the Floodplain Administrator, the
building code official or other authorized official or designee 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 or she shall
make as many inspections during and upon completion of the work as
are necessary.
E.
In the discharge of his or her duties, the Floodplain Administrator
or building code official 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 Part 7.
F.
In the event the Floodplain Administrator or the building code official
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
for whatever action it considers necessary.
G.
The Floodplain Administrator and/or building code official shall
maintain all records associated with the requirements of this Part
7 including, but not limited to, permitting, inspection and enforcement.
Each shall consider the requirements of the 34 Pa. Code and the International
Building Code and Residential Code or latest revisions thereof.
A.
Application for a zoning permit shall be made, in writing, to the
Floodplain Administrator on forms supplied by the 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.
(8)
A grading plan.
B.
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.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Where the proposed construction or development is located entirely
or partially within any identified floodplain area, the applicant
shall submit to the Floodplain Administrator the following minimum
information plus any other pertinent information as may be required
by the Floodplain Administrator to make the above determination:
(1)
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, 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.
(2)
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; and in V1-30, VE,
and V Zones, the elevation of the bottom of the lowest horizontal
structural member of the lowest floor of all new and substantially
improved structures;
[Amended 5-23-2017 by Ord. No. 2017-10]
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the IBC or the IRC.
(3)
The following data and documentation:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed developed
within an AE Area Without Floodway, when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
[Amended 5-23-2017 by Ord. No. 2017-10]
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area (se § 70-74B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(d)
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 elevation.
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.
(e)
(f)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(g)
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 applicant to the County Conservation
District for review and comment prior to the issuance of a zoning
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,
Township Engineer, 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 Floodplain Administrator for
consideration.
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.
The Board of Supervisors shall have authority, by resolution,
to establish and amend fees for applications, appeals and other matters
pertaining to this Part 7. All fees due shall be paid in full upon
the filing of an application, appeal or other matter. The Board of
Supervisors shall also have authority to adopt, revise, supplement
and amend forms for use in the administration of this Part 7.
A.
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.[1]
[1]
Editor’s Note: Former Subsection B, regarding time extensions,
which immediately followed this subsection, was repealed 5-23-2017
by Ord. No. 2017-10.
[Amended 5-23-2017 by Ord. No. 2017-10]
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 and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
