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1. The Zoning Officer is hereby appointed to administer and enforce this Part 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 with the approval of the Board of Supervisors, or
C. Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations with approval by the Board of Supervisors. 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. Section 59.22.
2. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Building Code Official.
(Ord. 2015-07, 11/23/2015)
1. 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 Parts.
2. 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.
3. 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.
4. 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 Parts. He/she shall make as many inspections during and upon completion of the work as are necessary.
5. 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.
6. In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and Parts, 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.
7. 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.
8. The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
9. 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.
10. The Floodplain Administrator shall consider the requirements of 34 PA Code and the 2009 IBC and the 2009 IRC or the latest edition thereof adopted by the State of Pennsylvania.
(Ord. 2015-07, 11/23/2015)
1. Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township of Dover. Such application shall contain the following:
A. Name and address of applicant.
B. Name and address of owner of land on which proposed construction is to occur.
C. Name and address of contractor.
D. Site location including address.
E. Listing of other permits required.
F. 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.
G. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
2. 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:
A. 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;
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 floatation, 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.
3. 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:
A. A completed permit application form.
B. 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:
(1) North arrow, scale, and date;
(2) Topographic contour lines, if available;
(3) The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(4) The location of all existing streets, drives, and other access ways; and
(5) 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.
C. Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(1) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(2) The elevation of the base flood;
(3) Supplemental information as may be necessary under 34 PA Code, the 2009 IBC or the 2009 IRC or latest edition thereof adopted by the State of Pennsylvania.
D. The following data and documentation:
(1) Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(2) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(3) Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within Floodway Area (See section § 4-132 A) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(4) 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.
(b) 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 Section § 4-144 during a base flood.
(6) The appropriate component of the Department of Environmental Protection's “Planning Module for Land Development.”
(7) 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.
4. Applications for permits shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
(Ord. 2015-07, 11/23/2015)
1. 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 York County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the York County Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
2. If after submission to the York County Conservation District, no correspondence and/or comments are received regarding the application within the York County Conservation District's standard or allowable review time, the application process may proceed as though the application was approved by York County Conservation District.
(Ord. 2015-07, 11/23/2015)
1. 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.
2. If after submission to the appropriate agencies and/or individuals no correspondence and/or comments are received regarding the application within the appropriate agencies and/or individuals standard or allowable review time, the application process may proceed as though the application was approved by appropriate agencies and/or individuals.
(Ord. 2015-07, 11/23/2015)
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.
(Ord. 2015-07, 11/23/2015)
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