[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy 1-15-2009 by Ord. No. 2009-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 35,
Building Permits and Floodplain Management, adopted 6-13-1984 by Ord.
No. 84-1; amended in its entirety 8-11-1988 by Ord. No. 88-2, as subsequently
amended.
The intent of this chapter is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Township unless a building permit has been obtained
from the Building Permit Officer.
B.
A building permit shall not be required for minor repairs to existing
buildings or structures.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter, the more restrictive
shall apply.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur; flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
Building permits shall be required before any construction or
development is undertaken within any area of the Township.
A.
The Building Permit Officer shall issue a building 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 building permit, the Building Permit
Officer 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);[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq., 32 P.S. § 693.1 et seq. and 35 P.S. § 691.1
et seq., respectively.
C.
In the case of existing structures, prior to the issuance of any
development/building permit, the Development/Building Permit Officer
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.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection Regional Office. In addition,
the Federal Emergency Management Agency and Pennsylvania Department
of Community and Economic Development, shall be notified by the Township
prior to any alteration or relocation of any watercourse.
A.
Application for such a building permit shall be made, in writing,
to the Building Permit Officer 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.
(6)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
(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 enable the Building Permit Officer 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; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Building Permit
Officer 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 inch being equal to 100 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 accessways;
and
(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 National Geodetic Vertical Datum of 1988;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Supplemental information as may be necessary under 34 PA Code,
Chapter 401-405, as amended, and Sec. 1612.5.1, Section 104.7 and
109.3 of the 2003 IBC and Section R106.1.3 and R104.7 of the 2003
IRC.
(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-year flood more than one foot at any point.
(b)
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 one-hundred-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)
Detailed information needed to determine compliance with § 35-24F,
Storage, and § 35-25, Development which may endanger human
life, including:
[1]
The amount, location and purpose of any materials or substances
referred to in §§ 35-24F and 35-25 which are intended
to be used, produced, stored or otherwise maintained on site.
[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 § 35-25 during a one-hundred-year
flood.
(d)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(e)
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.
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 Building Permit Officer to
the County Conservation District for review and comment prior to the
issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Building Permit Officer for possible
incorporation into the proposed plan.
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 Building Permit Officer to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
After the issuance of a building permit by the Building Permit
Officer, 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
Building Permit Officer. Requests for any such change shall be in
writing, and shall be submitted by the applicant to the Building Permit
Officer for consideration.
In addition to the building permit, the Building Permit Officer
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 Building Permit Officer.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 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 Building Permit
Officer. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of basement, footings, piers, or foundations, erection
of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Building Permit Officer to approve such a request.
A.
During the construction period, the Building Permit Officer 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 shall make as many inspections during and upon completion
of the work as are necessary.
B.
In the discharge of his duties, the Building Permit Officer 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.
C.
In the event the Building Permit Officer 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 Building Permit Officer shall revoke the building
permit and report such fact to the Board for whatever action it considers
necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
E.
The requirements of the 34 PA Code, Chapter 401-405, and the IBC
(Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and the 2003 IRC (R106.1.3,
109.1.3 and R104.7) or latest revisions thereof pertaining to elevation
certificates and record retention shall be considered.
A fee amount, based upon the estimated cost of proposed construction,
shall be paid for by applications or requests for development permits.
Such fee amount or schedule shall be set from time to time by resolution
of the Township Board of Supervisors.
A.
Notices. Whenever the Building Permit Officer 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 Building
Permit Officer 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 action 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 Building Permit
Officer or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Township of not less than $25 nor more than $600 plus costs of
prosecution. In default of such payment, such person shall be imprisoned
in 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 noncompliances
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 to
be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Building Permit
Officer concerning the administration of the provisions of this chapter,
may appeal to the Board. Such appeal must be filed, in writing, within
30 days after the decision, determination or action of the Building
Permit Officer.
B.
Upon receipt of such appeal the Board shall set a time and place,
within not less than 10 nor 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.
