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.
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]
[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]
