A.
The Building Inspector/Zoning Officer is hereby appointed to administer
and enforce this part 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 Township Manager.
A permit shall be required before any construction or development
is undertaken within any area of the Township of Shaler.
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 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); 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 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 shall review the
history of repairs to the subject building, so that any repetitive
loss concerns 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 and
ordinances. He/she 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 part.
F.
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 permit
and report such fact to the Board of Commissioners for whatever action
it considers necessary.
G.
Whenever the Building Inspector or other authorized municipal representative
determines that there are reasonable grounds to believe that a violation
of this part or of any regulation adopted pursuant thereto has occurred
or is occurring, he shall notify the owner of the property on which
the violation has occurred or is occurring. Notice shall be written,
include a description of the violation and an outline of the remedial
action which will effect compliance with this part or any regulation
adopted pursuant thereto, and shall establish a reasonable time period
within which remedial action must be taken. Notice shall be served
upon the property owner or his agent as the case may require; provided,
however, that such notice shall be deemed to have been properly served
upon such owner or agent when a copy thereof has been served by any
method or in any manner authorized by law.
H.
The floodplain administrator shall maintain in perpetuity all records
associated with the requirements of this part, 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.
J.
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this part as the floodplain administrator/manager.
K.
The floodplain administrator shall consider the requirements of Title
34 Pennsylvania Code and the 2009 IBC and the 2009 IRC, or latest
revisions thereof.
A.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township of Shaler. 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.
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;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
C.
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:
(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 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:
(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; and floodway area (see § 130-21A), when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(c)
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.
(d)
(e)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(f)
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 permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the floodplain administrator.
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 the 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.
A.
Work on the proposed construction or development shall begin within
90 days after the date of issuance of the development permit. Work
shall also 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 issuance
of a development permit does not refer to the 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
permit is compliant with the ordinance and FIRM/FIS in effect at the
time the extension is granted.
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
part, 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 part.
B.
Penalties. Any person, firm, corporation or group of individuals
who or which fails to comply with any or all of the requirements or
provisions of this part 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 pay a fine to
the Township of Shaler of not less than $25 nor more than $1,000,
plus costs of prosecution, and may be sentenced to a period of incarceration
not exceeding 90 days in the Allegheny County Jail. In addition to
the above penalties, all other actions are hereby reserved, including
an action in equity, for the proper enforcement of this part. The
imposition of a fine or penalty for any violation of or noncompliance
with this part 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 part 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
part 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.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
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.
A.
Any person aggrieved by any notice which has been issued in connection
with the enforcement of the provisions of this part or any regulation
adopted pursuant thereto may request and shall be granted a hearing
on the matter before the Zoning Hearing Board of Shaler Township,
provided that such person shall file with the Township Zoning Officer
a written petition requesting such a hearing and setting forth a brief
statement of the grounds thereof within 10 days after the notice was
served. The filing of the request for a hearing shall operate as a
stay of the notice and suspension unless, in the opinion of the Zoning
Officer, to permit the work to continue would jeopardize the safety
of persons or property. On receipt of such petition, the Zoning Officer
shall record the same and place the petition on the agenda of the
Zoning Hearing Board; such meeting shall be no later than 40 days
from date of receipt of the petition.
B.
After hearing such petition, the Zoning Hearing Board shall make findings as to compliance with the provisions of this part and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice, which shall be served as provided in Chapter 225, Zoning, of the Code of the Township of Shaler for any matters coming before the Zoning Hearing Board. The proceedings at the hearing, including the findings and decision of the Zoning Hearing Board, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Township files, but the transcript of the proceedings need not be transcribed except upon request of a party, at his expense. Any person aggrieved by a decision of the Township may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the Commonwealth of Pennsylvania.