A.
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: A) fulfill the duties and responsibilities
set forth in these regulations; B) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or C) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations at the
direction of the Board of Supervisors. Administration of any part
of these regulations 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 C.F.R. § 59.22.
B.
In the absence of a designated floodplain administrator, the floodplain
administrator duties are to be fulfilled by the Township Engineer.
A floodplain permit shall be required before any construction
or development is undertaken within any identified floodplain area.
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 Township codes and ordinances.
B.
Prior to the issuance of a floodplain permit, the floodplain administrator
shall review the floodplain 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); 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 floodplain 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 any
development/permit, 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.
D.
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 permit application. The floodplain administrator shall
make as many inspections during and upon completion of the work as
are necessary.
E.
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.
F.
In the event the floodplain administrator discovers that the work
does not comply with the floodplain permit, or that there has been
a false statement or misrepresentation by the applicant, the floodplain
administrator shall revoke the floodplain permit and report such fact
to the Board of Supervisors for whatever action it considers necessary.
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 community participation in the
National Flood Insurance Program as requested.
I.
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the floodplain
administrator. However, the ultimate responsibility lies with the
floodplain administrator.
J.
The floodplain administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
A.
Floodplain permit applications shall be submitted to the floodplain
administrator on forms supplied by Easttown Township. Such application
shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of property 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)
All the necessary information in sufficient detail and clarity to
enable the floodplain administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with this chapter;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
B.
An applicant 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.
(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, 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.
(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;
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area (See § 220-18A) will not increase the base flood elevation at any point.
(d)
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 § 220-18B) 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 Township.
(e)
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.
(f)
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
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.
C.
A floodplain permit application shall be accompanied by a fee, payable
to Easttown Township, based upon the estimated cost of the proposed
construction as set forth in the Township's fee schedule.
[Amended 2-4-2019 by Ord.
No. 437-19]
A copy of the floodplain permit application for any proposed
construction or development in a flood hazard area to be considered
for approval may be submitted by the floodplain administrator to any
other appropriate agencies and/or individuals (e.g., Township Planning
Commission, Township Engineer, Township Building Code Official, etc.)
for review and comment.
After the issuance of a floodplain permit by the floodplain administrator, no changes of any kind shall be made to the permit or any of the plans, specifications or other documents submitted with the floodplain permit application without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing as a new floodplain permit application with fee in accordance with § 220-10, 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, or similar document, 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 be signed by the floodplain administrator.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the building permit or the
floodplain permit where a building permit is not required. Work shall
also be completed within 12 months after the date of issuance of the
floodplain permit or the floodplain permit shall expire unless a time
extension is granted, in writing, by the floodplain administrator.
The issuance of a building permit does not refer to the floodplain
permit or any other necessary 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 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.
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 permit is compliant with this chapter and the FIRM/FIS
in effect at the time the extension is granted.
A.
Notices. Whenever the floodplain administrator 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;
(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;
(5)
Contain an outline of remedial actions 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 of direction of the floodplain administrator
or any other authorized employee of the Township shall be guilty of
a summary offense and upon conviction shall pay a fine to Easttown
Township, of $500 plus costs of prosecution and reasonable attorneys'
fees. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this chapter
that is violated shall also 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 Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.