1. Designation of the Floodplain Administrator. The Township Engineer of Hanover Township, Lehigh County, is hereby appointed to administer and enforce this Chapter, except where otherwise indicated, and is referred to as the Floodplain Administrator. [Ord. 531]
3. Building Permits. The Zoning Officer shall issue a building permit for construction in any floodplain area only after approval by the Floodplain Administrator and the Floodplain Administrator’s determination that it will be undertaken in conformance with the requirements of this Chapter. No building permit shall be issued for any improvement in any floodplain area unless all other government permits required by State and Federal laws authorizing such improvement have been received 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, or such agency has confirmed in writing that no permit is necessary.
A. No encroachment, alteration or improvement of any kind shall be made to any watercourse until (1) all adjacent municipalities which may be affected by such action have been notified by the Township, (2) a permit or approval has been obtained from the Department of Environmental Protection, Regional Office or such agency has confirmed in writing that no permit is necessary, (3) applicant has demonstrated that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way, and (4) applicant has provided the Floodplain Administrator with copies of notices of such alteration or relocation of any watercourse within any designated floodplain, given to the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development.
B. For each structure or other development applicant shall provide certificates or other evidence of compliance with 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) and (e)(5).
[Ord. 531]
4. Application Procedures and Requirements.
A. Application for a building permit for any building or structure within any indicated floodplain shall contain in addition to any informa tion otherwise required for a building permit the following: [Ord. 531]
(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.
(5) Listing of other permits required.
(6) Brief description of proposed work and estimated cost, including, where the application is to repair a flood-damaged building, a breakout of flood-related cost and the market value of the building before the flood damages occurred where appropriate. [Ord. 531]
(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 building permits shall provide all the necessary information in sufficient detail and clarity to demonstrate 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 are anchored to prevent floatation, collapse, or lateral movement. [Ord. 531]
(5) Building materials are flood-resistant. [Ord. 531]
(6) Appropriate practices that minimize flood damage are used. [Ord. 531]
(7) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are designed to prevent water entry or accumulation. [Ord. 531]
C. Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 105) as may be required by the Township to make the above determination:
(1) A completed building permit application form.
(2) A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to fifty (50) feet or less, showing the following:
(a) North arrow, scale, and date.
(b) Topographic contour lines, if available.
(c) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
(d) The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.
(e) The location of all existing streets, drives, and other access ways.
(f) 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 the North American Vertical Datum of 1988. [Ord. 531]
(b) The elevation of the one hundred (100) year flood.
(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood.
(d) Detailed information concerning any proposed flood proofing measures and corresponding elevations. [Ord. 531]
(e) Supplemental information as may be necessary under Title 34 of the Pa.Code, as amended, the 2009 International Building Code (IBC), or the 2009 International Residential Code (IRC). [Ord. 531]
(4) The following data and documentation:
(a) Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the one hundred (100) year flood more than one (1) foot at any point.
(b) A document, certified by a registered professional engineer or architect, which states that the proposed construc tion or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one hundred (100) year 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.
(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one hundred (100) year flood. [Ord. 531]
(d) Detailed information needed to determine compliance with § 105(5) and (7), “Design and Construction Standards,” and § 105(8), “Development Which May Endanger Human Life,” including:
(i) The amount, location and purpose of any materials or substances referred to in § 105(4)(G) and (5) which are intended to be used, produced, stored or otherwise main tained on site.
(ii) 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 § 105(8) during a one hundred (100) year flood.
[Ord. 531]
(e) The appropriate component of the Department of Environmental Protections “Planning Module for Land Development” or “Planning Module Exemption.”
(f) Where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
5. 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 may, at the discretion of the Floodplain Administrator, be submitted by the Floodplain Administrator or other authorized municipal representative to any other appropriate agencies and/or individuals for review and comment. [Ord. 531]
6. Changes. After the issuance of a building permit for any building or structure in an identified floodplain by the building official, no changes of any kind shall be made to the application, building permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the building official. Requests for any such change shall be in writing and shall be submitted by the applicant to Zoning Officer and Floodplain Administrator for consideration. [Ord. 531]
7. Inspection and Revocation.
A. During the construction period, the Floodplain Administrator and other authorized municipal representative as appropriate shall inspect the premises to determine that the work is progressing in compliance with the information provided on the building permit application and with all applicable municipal laws and ordinances. He shall make as many inspec tions during and upon completion of the work as are necessary. [Ord. 531]
B. In the discharge of his duties, the Floodplain Administrator or other authorized municipal representative 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. [Ord. 531]
C. A record of all such inspections and violations of this Chapter shall be maintained.
D. If the Floodplain Administrator or other authorized representa tive 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, the Floodplain Administrator shall revoke the building permit and report such fact to the Zoning Officer for whatever action it considers necessary. [Ord. 531]
8. Placards. In addition to the building 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 building permit, the date of its issuance, and be signed by the Floodplain Administrator. [Ord. 531]
9. Actual Start of Construction. Work on the proposed construction or development shall begin within one hundred eighty (180) days after the date of issuance and shall be completed within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. 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 manufacture 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.
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 to approve such a request.
[Ord. 531]
10. Enforcement.
A. Notice. 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 or other authorized municipal representative 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 mailed to 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 autho rized 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 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 municipal representative shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of not less than twenty-five dollars ($25.00) nor more than six hundred dollars ($600.00) plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed ten (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 Council to be a public nuisance and abatable as such.
[Ord. 531]
11. Appeals.
A. Any person aggrieved by any action or decision of the Zoning Officer concerning the administration of the provisions of this Chapter, may appeal to the Zoning Hearing Board pursuant to the provisions for appeals in the Zoning Ordinance [Chapter 27] and the provisions of § 108 herein, including the time for filing any appeal.
B. Any person aggrieved by an action or decision of the building official concerning the administration of the provisions of this Chapter may appeal to the Hanover Township Building Code Board of Appeals pursuant to the provisions of the building code and the provisions of § 108 herein.
C. Any person aggrieved by an action or decision of the Floodplain Administrator concerning the administration of the provisions of this Chapter may appeal to the Hanover Township Council pursuant to the provisions of § 108 herein. [Ord. 531]
D. Council may grant waivers from any provisions of this Chapter subject to Council’s review under provisions of the Subdivision and Land Development Ordinance [Chapter 22]. Any person aggrieved by any actions or decision of Council may appeal to the Court of Common Pleas of Lehigh County in accordance with the appeal provisions of the Hanover Township Subdivision and Land Development Ordinance [Chapter 22], § 108 herein and the Municipalities Planning Code.
12. Records. The Floodplain Administrator or other authorized municipal representative shall maintain all records associated with the requirements of this Chapter including, but not limited to, permitting, inspection and enforcement.
(Ord. 414, 1/16/2002, Pt. II; as amended by Ord. 531, 2/15/2012)