[Ord. 175, 8/5/2014, § 8-301]
The Zoning Officer is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may:
Fulfill the duties and responsibilities set forth in this chapter; or
Delegate duties and responsibilities set forth in this chapter to qualified technical personnel, plan examiners, inspectors, and other employees, subject to the prior authorization by the Township Secretary and/or Board of Supervisor; or
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of this chapter, subject to the prior authorization by the Board of Supervisors.
Administration of any part of this chapter by another entity shall not relieve the Township 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, as amended.
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Secretary.
[Ord. 175, 8/5/2014, § 8-302]
A Floodplain Permit shall be required before any construction or development is undertaken within any Identified Floodplain Area within the Township.
[Ord. 175, 8/5/2014, § 8-303]
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.
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, 35 P.S. § 750.1 et seq., as amended; the Pennsylvania Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq., as amended; the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq., as amended; and the U.S. Clean Water Act, Section 404, 33. U.S.C. § 1344, as amended. No permit shall be issued until this determination has been made.
In the case of existing structures, prior to the issuance of any Floodplain Permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed before the permit is issued.
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 shall make as many inspections during and upon completion of the work as are necessary.
In the discharge of his 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.
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 Floodplain Permit and report such fact to the Board of Supervisors.
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter including, but not limited to, permitting, inspection and enforcement.
The Floodplain Administrator is the official responsible for submitting a biennial report to the Federal Emergency Management Agency (FEMA) concerning community participation in the National Flood Insurance Program.
The Floodplain Administrator shall consider the requirements of the Uniform Construction Code, and the standardized codes adopted thereunder, including but not limited to, the 2009 International Building Code and the 2009 International Residential Code, or latest edition of either that is incorporated into the Uniform Construction Code.
[Ord. 175, 8/5/2014, § 8-304]
Application for a Floodplain Permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:
Name and address of applicant.
Name and address of owner of land on which proposed construction is to occur.
Name and address of contractor.
Site location including address.
Listing of other permits required.
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.
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
If any proposed construction or development is located entirely or partially within any Identified Floodplain Area, an applicant for a Floodplain Permit shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
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;
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
Adequate drainage is provided so as to reduce exposure to flood hazards;
Structures will be anchored to prevent floatation, collapse, or lateral movement;
Building materials are flood-resistant;
Appropriate practices that minimize flood damage have been used; and
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
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 completed Floodplain Permit Application Form, on such form prescribed by the Township.
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:
North arrow, scale, and date;
Topographic contour lines, if available;
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
The location of all existing streets, drives, and other access ways; and
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.
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
The elevation of the base flood; and
Supplemental information as may be necessary under the Uniform Construction Code and the standardized codes adopted thereunder, including but not limited to the 2009 International Building Code and the 2009 International Residential Code, or latest edition of either that is incorporated into the Uniform Construction Code.
The following data and documentation:
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
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.
Detailed information needed to determine compliance with § 8-503.6 of this chapter (Storage) and § 8-504 of this chapter (Development Which May Endanger Human Life), including:
The amount, location and purpose of any materials or substances referred to in §§ 8-503.6 and 8-504 of this chapter which are intended to be used, produced, stored, or otherwise maintained on site; and
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection (DEP), to implement and maintain erosion and sedimentation control.
An application for a Floodplain Permit shall be accompanied by a fee and deposit established from time to time by resolution of the Board of Supervisors, such fee and deposit shall be payable to the Township.
The applicant shall also reimburse the Township for all fees and expenses incurred by the Township related to an application and/or permit under this chapter including, but not limited to, the reasonable charges of the Township professional consultants, the Township Engineer, and the Township Solicitor for review and report on an application and/or permit under this chapter and the inspection of improvements and/or work related thereto.
[Ord. 175, 8/5/2014, § 8-305]
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 Township officials and consultants (e.g., planning commission, Township Engineer, etc.) for review and comment.
[Ord. 175, 8/5/2014, § 8-306]
After the issuance of a Floodplain 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. 175, 8/5/2014, § 8-307]
In addition to the Floodplain 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 Floodplain Permit, the date of its issuance, and shall be signed by the Floodplain Administrator.
[Ord. 175, 8/5/2014, § 8-308]
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the Floodplain Permit, and shall be completed within 12 months after the date of issuance of the Floodplain Permit, or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of a Floodplain Permit does not refer to the zoning approval.
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.
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 this chapter, the Flood Insurance Study ("FIS"), and the accompanying Flood Insurance Rate Maps ("FIRMs") in effect at the time the extension is granted.
[Ord. 175, 8/5/2014, § 8-310]
Notices. Whenever the Floodplain Administrator or other authorized Township 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:
Be in writing;
Include a statement of the reasons for its issuance;
Allow a reasonable time, not to exceed a period of 30 calendar days, for the performance of any act it requires;
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter; and
Be served upon the property owner or his agent or any other person responsible for the violation, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served if a copy thereof is:
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 Township shall, upon being found liable therefor in a civil proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate offense. The procedure for imposition of liability in a civil enforcement proceeding shall be as set forth in the Municipalities Planning Code. 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; 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township Treasurer.
[Ord. 175, 8/5/2014, § 8-311]
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 Zoning Hearing Board in the time and manner and pursuant to the procedures set forth in the Zoning Ordinance [Chapter 27]. Such appeal must be filed, in writing, within 10 days after the decision, determination, or action of the Floodplain Administrator. The Zoning Hearing Board is hereby vested with the power to hear and decide all appeals in the administration of this chapter.
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and the Zoning Ordinance [Chapter 27].
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this State including the Flood Plain Management Act.