Building permits shall be required before any proposed construction or development is undertaken within any area of the Borough of Wilson.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
A. 
The floodplain administrator 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, the floodplain administrator shall review the application for the permit to determine if all other necessary government permits 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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344, have been obtained. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
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.
D. 
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.
E. 
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 Council of the Borough of Wilson for whatever action it considers necessary.
F. 
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this chapter, including but not limited to finished construction elevation data, permitting, inspection and enforcement.
G. 
The floodplain administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
H. 
The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated. However, the ultimate responsibility lies with the floodplain administrator.
I. 
The floodplain administrator shall consider the requirements of 34 Pa. Code, the 2009 International Building Code (IBC) and the 2009 International Residential Building Code (IRC) or latest revisions thereof.
[Amended 7-8-1991 by Ord. No. 627, approved 7-8-1991]
A. 
In addition to the building permit application requirements normally required by the Borough of Wilson, the floodplain administrator shall require the following additional information, in writing, on forms supplied by the Borough as part of the application for a building permit:
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
(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) 
Proposed lowest floor and basement elevations in relation to mean sea level.
(6) 
Brief description of proposed work and estimated cost.
(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 within or adjacent to any identified flood-prone area, applicants for building permits shall also provide the following specific information:
(1) 
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:
(a) 
All such proposals are consistent with the need to minimize flood damage;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2) 
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:
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
(a) 
A completed building 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] 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
[4] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development; and
[5] 
The location of all existing streets, drives, and other accessways;
(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 one-hundred-year flood;
[3] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;
[4] 
Detailed information concerning any proposed floodproofing measures; and
[5] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.
(d) 
The following data and documentation:
[1] 
A document, certified by or registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, 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.
[2] 
Detailed information needed to determine compliance with § 110-24, Development which may endanger human life, including:
[a] 
The amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site.
[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 § 110-24 during a one-hundred-year flood.
[3] 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
[4] 
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.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
A copy of all applications and plans for any proposed construction or development in any identified flood-prone 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 building permit. The recommendations of the Conservation District shall be considered by the floodplain administrator for possible incorporation into the proposed plan.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
A copy of all plans and applications for any proposed construction or development in any identified flood-prone area to be considered for approval shall be submitted by the floodplain administrator to any other appropriate agencies and/or individuals, including the Wilson Borough Planning Commission and the Engineer, for review and comment.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
Prior to the issuance of any building permit, the floodplain administrator shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Water Obstruction Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
After the issuance of a building 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 or the floodplain administrator.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
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 be in a manner and form as designated by the Borough of Wilson and shall show the number of the building permit, the date of its issuance, and be signed by the floodplain administrator.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
Work on the proposed construction 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 floodplain administrator. Construction shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for 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.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
During the construction period, the floodplain administrator or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. 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 building permit and report such fact to the Council of Wilson Borough for whatever action it considers necessary.
Applications for a building permit shall be accompanied by a fee, payable to the Borough of Wilson based upon the fee schedule of said Borough.
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 provision of this chapter, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; include a statement of their reasons for its issuance; allow a reasonable time for the performance of any act it requires; 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; and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulations adopted pursuant thereto.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
B. 
Hearings. Any person aggrieved by any action or decision of the floodplain administrator, or by any of the requirements of this chapter, may appeal to the Wilson Borough Zoning Hearing Board. Such appeal must be filed in writing within 30 days after the decision or action of the floodplain administrator. Upon receipt of such appeal, the Zoning Hearing Board shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing on the appeal shall be given to all parties, at which time they may appear and be heard. The hearing shall be conducted in accordance with the rules and regulations of the Wilson Borough Zoning Hearing Board.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]
C. 
Findings and order. After such hearing, the Wilson Borough Zoning Hearing Board shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice, which shall be served as provided in Subsection A of this section.
D. 
Record and appeals. The proceedings at such a hearing, including the findings and decision of the Wilson Borough Zoning Hearing Board, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough of Wilson, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Wilson Borough Zoning Hearing Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this commonwealth.
E. 
Violations and 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 or direction of the floodplain administrator or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than $25 nor more than $300, 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 structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the Council of Wilson Borough to be a public nuisance and abatable as such.
[Amended 7-14-2014 by Ord. No. 773, approved 7-14-2014]