1. Designation of the Floodplain Administrator. The Township 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. 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 C.F.R. §59.22.
2. Conditional Use Permit Required. A conditional use permit shall be required before any construction or development is undertaken in, on, under, across or through any floodplain area of the Township.
3. Duties and Responsibilities of the Floodplain Administrator.
A. The Floodplain Administrator shall issue a conditional use 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 for (1) completeness and (2) 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, §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 permit, the Floodplain Administrator shall 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 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 Chapter.
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 Supervisors 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, finished construction elevation data, permitting, inspection and enforcement.
H. The Floodplain Administrator is the official responsible for submitting a biennial report to the FEMA concerning community participation in the National Flood Insurance Program.
I. The Floodplain Administrator shall consider the requirements of the 34 Pa.Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
4. Application Procedures and Requirements.
A. Application for a conditional permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. 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 for the project.
(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 site plan showing the exact size and location of the proposed construction as well as the information required by subsections (4)(D)(2), (3) and (4) of this Chapter.
(8) This application shall be accompanied by five (5) copies of the site plan and all supporting documentation prepared in accordance with this Chapter. Six (6) copies of all plans and supporting documents shall be submitted when the application involves property within five hundred (500) feet of an adjacent municipality; and, seven (7) copies of all plans and supporting documents shall be submitted when the application involves a watercourse bordering an adjacent municipality. Two (2) additional copies of all plans and supporting documents shall be submitted when the application involves the alteration or relocation of any watercourse.
(9) The conditional use application shall be reviewed by the appropriate agencies as per subsections (5) and (6) hereof and a public hearing (upon public notice) before the Township Board of Supervisors shall be scheduled within sixty (60) days of the filing of a full and complete application with all supporting documents. A decision on the application shall be made by the Board to be issued in writing no later than forty-five (45) days after the close of the hearing. The applicant may extend the time to conduct this hearing or to receive the written decision either in writing or on the record. The conduct of the hearing shall follow the procedures as outlined in the PA Municipalities Planning Code, 53 P.S. §10908 (as amended). If the Board of Supervisors fails to render a written decision within the forty-five (45) days (or any extension thereof), the application shall be deemed denied.
B. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for a permit shall also 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 equipments, and other service facilities have been designed and/or located to prevent water entry or accumulation.
C. Applicants shall also file the following minimum information (plus any other pertinent information as may be required by the Floodplain Administrator to make the above determinations):
(1) A completed conditional use application form and request for a public hearing before the Township Board of Supervisors.
(2) A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (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 access ways.
(e) The location of any existing bodies of water of watercourses, identified floodplain areas, limits of earth disturbance, 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 development, 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.
(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) Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within an AE Area without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one (1) foot 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.
2) A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in §107(C)(7) during a base flood.
(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 and stormwater management.
D. Applications for conditional use 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 Administration and the administrative costs and expenses to schedule a public hearing.
5. Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for incorporation into the proposed plan.
6. Review of Application by Others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the Township Planning Commission for review and comment and he/she may also submit a copy of all plans and applications any other appropriate agencies and/or individuals (e.g., county planning commission, municipal engineer, municipal solicitor so forth) for review and comment.
7. Changes. After the issuance of a conditional use 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 and the Township Board of Supervisors. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator who shall forward such requests with the Board of Supervisors for consideration.
8. Placards. 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.
9. Start of Construction. Work on the proposed construction or development shall begin within one hundred and eighty (180) days after the date of issuance and shall be completed within twelve (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 with the approval of the Board of Supervisors. 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 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 and the Board of Supervisors to approve such a request.
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 thirty (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 by personal service or by any other method and manner of service of non-original process as authorized by the laws of this Commonwealth.
(5) Contain an outline of remedial action which, if taken, will affect 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 municipality shall be guilty of an ungraded misdemeanor and upon conviction in a proceeding before a District Judge shall pay a fine to Township, of not less than seven hundred and fifty ($750.00) dollars nor more than one thousand ($1,000.00) dollars plus costs of prosecution. 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. Every day that a violation continues shall be deemed a separate offense.
C. Other Remedies and Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be, built, erected, constructed, reconstructed, enlarged, repaired, expanded, altered, converted, remodeled, relocated, maintained, developed or used in violation of this Chapter then, in addition to the above penalties, all other remedies and causes of actions, whether in law or in equity, are hereby reserved to prevent, restrain, correct, abate or enjoin any violation of this Chapter, whether as a public nuisance or otherwise.
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 Township Board of Supervisors. Such appeal must be filed, in writing, within thirty (30) days after the decision, determination or action of the Floodplain Administrator and filed with the Floodplain Administrator.
B. Upon receipt of such appeal, the Township Board of Supervisors shall set a time and place, within not less than ten (10) or not more than thirty (30) days, for the purpose of considering the appeal. The matter shall be heard pursuant to the procedure of the PA Local Agency Law, 2 Pa. C.S.A. §§551-555. Written notice of the time and place at which the appeal will be considered shall be given to all parties.
C. Any person aggrieved by any decision of the Township Board of Supervisors may seek relief there from by appeal to court, as provided by the laws of this Commonwealth including the Pennsylvania Floodplain Management Act. (Ord. 210, 4/30/2013, §3.01)