The Director of Engineering within the Engineering and Codes
Department is hereby appointed to administer and enforce this chapter
and is referred to herein as the "Floodplain Administrator."
A permit shall be required before any construction or development
is undertaken within any special flood hazard area of Muhlenberg Township.
A.
The Floodplain Administrator shall
issue a permit 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.
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 (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.
C.
In the case of existing structures,
prior to the issuance of any development permit, the Floodplain Administrator
may review the history of repairs to the subject building so that
any repetitive loss issues can be addressed before the permit is issued.
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 permit application and with all
applicable municipal laws, codes, and ordinances. 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 to enforce the provisions of this chapter, either upon presentation
of proper credentials and consent of the property owner to such entry
or with a properly obtained search warrant.
F.
In the event the Floodplain Administrator
discovers that the work does not comply with the permit application
or any applicable laws, codes 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 Commissioners for whatever action it considers necessary.
G.
The Floodplain Administrator shall
maintain all records associated with the requirements of this chapter,
including, but not limited to, permitting, inspection and enforcement.
H.
The Floodplain Administrator shall
consider the requirements of the 34 Pa. Code and the 2009 International
Building Code and the 2009 International Residential Code or latest
revisions thereof.
A.
Application for such a permit
shall be made, in writing, to the Floodplain Administrator on forms
supplied by Muhlenberg Township. Such application shall contain all
of the following:
(1)
The name and address of the
applicant.
(2)
The name and address of the
owner of the land on which the proposed construction is to occur.
(3)
The name and address of the
contractor.
(4)
The site location, including
address.
(5)
A listing of other permits
required.
(6)
A brief description of the
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. The plans shall show the elevation
of floodplain and floodway if applicable.
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 all of the following are true:
(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, when applicable, above base flood
elevation to prevent water entry or accumulation.
C.
Applicants shall file all of
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 permit application
form.
(2)
A plan of the entire site,
clearly and legibly drawn at a scale of one inch being equal to 50
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)
The elevation of the lowest
floor, which shall be elevated up to, or above, the regulatory flood
elevation (two feet above base flood elevation); and
(d)
Supplemental information
as may be necessary under 34 Pa. Code, the 2009 International Building
Code or the 2009 International Residential Code.
(4)
The following data and documentation:
(a)
If available, information
concerning flood depths, pressures, velocities, impact and uplift
forces and other factors associated with a base flood.
(b)
Detailed information concerning
any proposed floodproofing measures and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (see § 183-18B), 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. Such statement shall include a description of
the type and extent of flood proofing measures which 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," where sewage facilities are proposed.
(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.
D.
Applications for building permits
shall be accompanied by a fee, payable to the municipality, and based
upon the fee schedule of Muhlenberg Township,[1] as adopted and amended from time to time by resolution
of the Board of Commissioners.
[1]
Editor's Note: Said fee schedule is on file in the Township
offices.
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,
municipal 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 and 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
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. "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,
"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.
B.
Time extensions shall be granted
only if a written request, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request,
is submitted by 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;
(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; and
(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 or
direction of the Floodplain Administrator or any other authorized
employee of the municipality shall be guilty of a misdemeanor and,
upon conviction, shall pay a fine to Muhlenberg Township of not less
than $250 nor more than $600 plus costs of prosecution. In default
of such payment, such person shall be imprisoned in Berks 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, 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 Commissioners 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.
A fee shall be required to be submitted with an appeal, payable to
the Township of Muhlenberg, and based upon the Township's fee schedule[1] as adopted and amended from time to time by resolution
of the Board of Commissioners.
[1]
Editor's Note: Said fee schedule is on file in the Township
offices.
B.
Upon receipt of such appeal,
the Zoning Hearing Board shall set a time and place, within not less
than 10 or not more than 30 days, for the purpose of considering the
appeal. Notice of the time and place at which the appeal will be considered
shall be given to all parties.