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: 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; or 3) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations 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 President of Council.
A floodplain permit and any other applicable permits shall be required before any construction or development is undertaken within any area of the Borough identified by Article III.
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 floodplain 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 (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); 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.
C. 
In the case of existing structures, prior to the issuance of any development approval or floodplain 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. 
In the case of existing structures, prior to the issuance of any development approval or floodplain permit the Floodplain Administrator shall review the history of repairs to the subject building so that any cumulative substantial damage concerns can be addressed before the permit is issued.
E. 
During the development and/or 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 and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
F. 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises, construction, or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
G. 
In the event the Floodplain Administrator discovers that the work does not comply with the floodplain 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 to the Council for appropriate action in accordance with this chapter.
H. 
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.
I. 
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.
J. 
The responsibility, authority and means to implement the commitments herein of the Floodplain Administrator can be delegated to another party. However, the ultimate responsibility lies with the person identified as the Floodplain Administrator.
K. 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revisions thereof, as adopted by the Commonwealth of Pennsylvania.
A. 
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 applicant(s).
(2) 
Name and address of owner(s) of land on which proposed construction is to occur.
(3) 
Name and address of contractor(s).
(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(s) and/or structure(s) before the flood damage occurred, where appropriate.
(7) 
A plan of the site showing the exact size and location of the proposed construction and/or development as well as any existing buildings and/or structures.
B. 
If any proposed construction and/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 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 located to prevent water entry or accumulation.
C. 
Along with a completed floodplain permit application form, applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the determination in Subsection B above:
(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.
(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;
(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.
(3) 
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 § 140-18A) 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 § 140-18B) 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 community.
(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) 
Detailed information needed to determine compliance with § 140-24F, Storage, and § 140-25, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 140-24F and 140-25 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 and/or development to prevent leaks or spills of the dangerous materials or substances listed in § 140-25 during a base flood.
(g) 
The appropriate component of the Pennsylvania 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 Pennsylvania Department of Environmental Protection to implement and maintain erosion and sedimentation control.
D. 
Applications for floodplain permits shall be accompanied by a fee, payable to the Borough, based upon the estimated cost of the proposed construction and/or development as determined by the Floodplain Administrator.
A copy of all plans and applications for any proposed construction and/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, Municipal Engineer, 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 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 the 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 and/or development shall begin within 180 days after the date of issuance of the floodplain permit. 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 floodplain permit does not refer to a zoning approval or the approval of any other applicable permit.
B. 
The actual start of construction and/or development means either the first placement of permanent construction of a structure or other improvement 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/or 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 and/or development 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Enforcement of this chapter shall be in accordance with Articles XVI and XVIII of Chapter 290, Zoning, of the Code of the Borough of Elverson.
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 shall 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 Municipalities Planning Code[1] and Article XVIII of Chapter 290, Zoning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
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 Pennsylvania Flood Plain Management Act.