Building permits shall be required before any
construction or development is undertaken within any area of the Borough
of Riverside.
A.
The Riverside Borough 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 chapter and all other applicable codes and ordinances.
B.
Prior to the issuance of any permit, a designated
Borough 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[1]); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended[2]); the Pennsylvania Clean Streams Act (Act 1937-394, as
amended[3]); and the United States 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 building permit, the Borough Council's designated 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.[4]
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 Borough
of Riverside 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 the
Pennsylvania Department of Community and Economic Development shall
be notified by the Borough of Riverside prior to any alteration or
relocation of any watercourse.[5]
A.
Application for such a building permit shall be made,
in writing, to the Riverside Borough Building Permit Officer on forms
supplied by the Borough of Riverside. 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 designated Building Permit
Officer to determine that:[1]
(1)
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this chapter
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:[2]
(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 a 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 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;
(d)
Detailed information concerning any proposed
floodproofing measures; and
(e)
Supplemental information as may be necessary
under 34 Pa. Code, Chapters 401 thorough 405, as amended, and Sections
1612.5.1, 104.7 and 109.3 of the 2003 IBC and Sections 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)
(d)
The appropriate component of the Department
of Environmental Protection's "Planning Module for Land Development."
(e)
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.
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 designated
Borough Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, County Conservation District, etc.) for
review and comment.
After the issuance of a building permit by the
designated 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 Officer. Requests for any such change shall
be in writing and shall be submitted by the applicant to 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 Borough 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 Riverside Borough Council. 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 Borough Council
to approve such a request.
A.
During the construction period, a member of the Riverside
Borough Council or other authorized officer 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.
B.
In the discharge of their duties, the Borough 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 Riverside Borough 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 Borough Officer shall revoke the building permit
and report such fact to the Riverside Borough Council 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 34 Pa. Code, Chapters 401 through
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.
Applications for a building permit shall be
accompanied by a fee, payable to the municipality, based upon the
estimated cost of the proposed construction as determined by the Riverside
Borough Council fee schedule.[1]
[1]
Editor's Note: Said fee schedule is on file in the Borough
offices.
Whenever the Riverside Borough Council 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 Borough Council
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
A.
Be in writing.
B.
Include a statement of the reasons for its issuance.
C.
Allow a reasonable time, not to exceed a period of
30 days, for the performance of any act it requires.
D.
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.
E.
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
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 or direction of the Riverside Borough Council or
any other authorized officer, employee or agent of the municipality
shall be guilty of an offense and, upon conviction, shall be punishable
by a maximum fine of $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, imprisonment for a term not exceeding
30 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 Riverside Borough Council to be a public nuisance and abatable
as such.
A.
Any person aggrieved by any action or decision of
the Officer of Riverside Borough concerning the administration of
the provisions of this chapter may appeal to the Riverside Borough
Council. Such appeal must be filed, in writing, within 30 days after
the decision, determination or action of the Officer of Riverside
Borough.
B.
Upon receipt of such appeal, the Riverside Borough
Council 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.
