103.4 Construction of unlawful use: The continuation of occupancy or use of a building or structure,
or a part thereof, contrary to the provisions of this code, shall
be deemed a violation and subject to the penalties prescribed in this
article.
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104.1 Building Inspector: The department
of building inspection hereby created and the executive official in
charge thereof shall be known as the "Building Inspector." Wherever
the term "Code Official" appears with BOCA National Building Code/1996,
Thirteenth Edition, it is the purpose of this article to substitute
the term "Building Inspector."
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104.2 Appointment and qualifications: To be eligible for appointment, the person selected as Building
Inspector shall meet the requirements as established by the Borough
of Eddystone. The Building Inspector shall serve at the will and desire
of the Borough Council of the Borough of Eddystone.
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104.4 Deputy: In the event the
Building Inspector can not serve for any reason the Council for the
Borough of Eddystone may appoint a temporary Deputy to exercise all
of the power of the Building Inspector.
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104.7 Official records: An official
record shall be kept of all business and activities of the office
of the Building Inspector, and all such records shall be open to the
public for inspection at all appropriate times, except that no individual
owner, operator, occupant or other person shall be subject to unwarranted
invasion of privacy and except that all evidence or information obtained
in the course of any inspection shall be considered privileged information
and shall be kept confidential. Such evidence or information shall
not be disclosed except as may be necessary in the judgment of the
Building Inspector for the proper and effective administration and
enforcement of the provisions of this article and shall not otherwise
be made public without the consent of the owner, occupant, operator
or other person in charge of the unit, structure or premises inspected.
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107.1 Permit application: It shall
be unlawful to construct, enlarge, alter, repair or demolish a structure,
or change the occupancy of a building or structure requiring greater
strength, exitway or sanitary provision to change to another use,
or to install or alter any equipment for which provision is made or
the installation of which is regulated by this code, without first
filing an application with the Building Inspector in writing and obtaining
the required permit therefor; except that repairs, as defined in Section
107.1.1 and which do not involve any violations of this code, shall
be exempted from this provision. It shall be unlawful for any contractor
or subcontractor (to include the officers thereof if a corporation
or the members thereof is a partnership) to perform any work for which
a permit is required unless said permit is first obtained and is posted
as required by Section 108.8.
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Section 107.2 Form of application: The application for a building permit shall be submitted in such
form as the Building Inspector may prescribe in this article.
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Section 107.10 Other permits required: At the time of filing an application for a permit, the applicant
shall present to the Building Inspector evidence that he/she has obtained
all necessary permits, licenses, approvals and/or variances as may
be required by the laws of the Borough of Eddystone and the Commonwealth
of Pennsylvania. Individuals, agencies, boards and commissions issuing
aforesaid permits, licenses, approvals and/or variances shall include,
but not be limited to, the Zoning Hearing Board, the Fire Marshal,
the State Police Fire Marshal, the Pennsylvania Department of Environmental
Protection, the Pennsylvania Department of Community and Economic
Development, the Pennsylvania Department of Labor and Industry, the
Delaware County Planning Commission and other applicable local, county,
state and federal agencies.
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Section 108.3 Previous approvals: This code shall not require changes in the plans, construction or
designated use of a building for which a lawful permit has been heretofore
issued or otherwise lawfully authorized and the construction of which
shall have been actively prosecuted within the 90 days after the date
of this article, and the entire building shall be completed, as authorized,
within two years after the date of approval of the application, except
as herein provided: In the case of a building which, because of its
size or complexity of construction, requires a longer period of completion,
no changes in plans, construction or designated use of the building
shall be required for the construction contract documents if prepared
by a registered architect and/or engineer.
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Section 108.4 Signature to permit: The Building Inspector's signature shall be affixed to every permit.
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Section 108.5 Approved construction documents: The Building Inspector shall stamp and endorse in writing all sets
of plans "Approved," and two sets of such approved plans shall be
retained by the Building Inspector and the other set shall be kept
at the building site, open to inspection of the Building Inspector
or an authorized representative at all reasonable times.
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Section 110.1.1 Determination by Building
Inspector: In the event that the owner or agent is unable to
obtain the releases required in Section 110.1, the Building Inspector
shall inspect the premises for which application has been made to
determine that utility service connections and appurtenant equipment
have been removed or sealed and plugged in a safe manner.
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Section 110.4 Technical specifications: All demolition shall conform to the following requirements. Where,
under these requirements, responsibilities are imposed upon a "contractor,"
that term shall also mean any person performing the demolition work,
including contractors and the owner or agents of the owner. Final
responsibility for compliance with all requirements shall be that
of the owner of the structure being demolished.
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Section 110.4.1 Demolition and cleanup: The work to be performed shall include the demolition of all structures,
vaults, steps and walls and the disposal of all excess material, junk
and rubbish.
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Section 110.4.2 Building permit required: The contractor shall not commence work, nor shall be/she remove
from the site of demolition anything or any materials, until the contractor
has received a building permit from the Borough of Eddystone.
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Section 110.4.3 Sidewalk sheds: If the structure to be demolished is more than two stories or 25
feet high, measured from the sidewalk or street level, and the horizontal
distance from the inside of the sidewalk to the structure is 15 feet
or less, a substantial sidewalk shed shall be constructed over the
entire length of the sidewalk, adjacent to the structure, of sufficient
width to accommodate pedestrian traffic without causing congestion.
The sidewalk shed shall be lighted, either by natural or artificial
means sufficient to ensure safety at all times.
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Section 110.4.4 Fences and demolition
using machinery methods: When the horizontal distance from
the inside of the sidewalk to a structure is more than 15 feet and
less than 25 feet, a sidewalk shed may be constructed over the sidewalk
as described above, or in place of such a shed, a substantial fence
shall be constructed along the inside edge of the sidewalk, or if
permission has been granted to close the sidewalk, a substantial fence
eight feet high may be constructed at the curbline and a safe place
to walk in the cartway of the street shall be provided. When demolition
work using machinery methods are employed, the buildings may be demolished
in a step-like fashion as long as adequate lateral support of the
structure exists. No wall, chimney or other construction shall be
allowed to fall in mass on an upper floor. Bulky material, such as
beams and columns, shall be lowered and not allowed to fall.
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Section 110.4.5 Barriers around openings: Suitable barriers subject to the approval of the Building Inspector
shall be erected and maintained by the contractor around all openings
in the ground as long as such openings shall, in the opinion of the
Building Inspector, constitute a hazard or a dangerous condition.
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Section 110.4.6 Signs: The contractor
shall furnish, erect and maintain approved danger, warning and keep-out
signs as are warranted, especially in a working area, or as directed
by the Building Inspector.
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Section 110.4.7 Work to be kept wet: During the demolition of buildings and structures, the work shall
be kept thoroughly wetted down to prevent the spread of dust. The
contractor shall provide necessary water and connections therefor.
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Section 110.4.8 Capping of sewers: All sewer laterals must be capped at the curb by the contractor
before any demolition starts. A permit must be obtained from the Plumbing
Inspector of the Borough of Eddystone.
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Section 110.4.9 Combustible materials: All combustible materials from the demolition activity shall be
removed from the site and any basements or pits exposed by such demolition
activity shall be backfilled to at least the adjacent grade levels.
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Section 110.4.10 Removal of window and
door frames: Window and door frames shall not be removed until
the demolition work shall have progressed to their elevations in the
walls.
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Section 110.4.11 Removal of walls above
first floor: No portions of walls above the elevations of the
first floor and located immediately adjacent and parallel to any street
shall be thrown but shall be barred loose and demolished piecemeal.
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Section 110.4.12 Removal of floors and
other fixtures: All floor construction, except basement floor,
shall be removed regardless of elevation or location. All basement
partitions, furnaces, heating apparatus, piping, gasoline or oil tanks,
miscellaneous fixtures and stairways shall be removed from the area
of demolition.
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Section 110.4.13 Contiguous buildings: The contractor shall leave contiguous buildings in a safe condition
and shall not deface, mar, hurt or jeopardize any adjacent buildings,
and any damages done to such adjacent or nearby building shall be
repaired or restored by the contractor to the satisfaction of the
Building Inspector. Extreme care must be exercised in the demolition
of buildings adjacent to other structures which are to remain. The
contractor shall be responsible for damages to adjacent buildings,
and all repairs shall be made by the contractor at no expense to the
adjacent building owner. Any walls of contiguous buildings left exposed
by this demolition shall be preserved and treated in the manner specified
in the BOCA National Building Code/1996, Thirteenth Edition, Section
1813 et seq. so as to seal the surface of such walls and provide adequate
weather protection. All work required by this subsection shall be
completed within 30 days from the date any demolition work results
in exposure to the elements of contiguous building walls or parapets,
which time may be extended by the Building Inspector for good cause.
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Section 110.4.14 Filling subsurface areas: The contractor shall furnish, at his expense, all additional materials
required for filling subsurface areas to the grade of the surface
of the adjoining ground. Said materials required shall be of a quality
acceptable to the Building Inspector and a sufficient quantity shall
be on hand to ensure uninterrupted progress in completing the backfilling.
On completion of the demolition, the cellars shall be filled to a
level not higher than the existing sidewalk and yard. All back filling
shall be done in twelve-inch layers and each layer compacted by a
ten-ton roller or its equivalent. Compacting the backfill with any
loader is not acceptable. Eighteen inches of soil free from stones,
clods and debris shall be evenly spread over all demolished structures.
This entire area shall be cleaned and graded so a rotary mower can
be used in cutting the grass or weeds.
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Section 110.4.15 Burning prohibited: No burning shall be permitted on the site. Combustible material
shall be disposed of by the contractor.
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Section 110.4.16 Removal of debris: The contractor shall remove all debris and equipment and dispose
of all material from the site of the work and leave the ground clear
of all materials, rubbish and debris and in a clean and neat condition
as demolition of each structure is completed.
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Section 112.3 Fee schedule: The
following building permit fees shall be paid to the Borough of Eddystone
upon filing of an application and shall apply to construction, renovation,
demolition, moving of buildings, roofing, sand blasting, water blasting
with sand and/or chemicals, air conditioning and swimming pools. The
fee shall be based on the actual contract price of any such work or,
if no contract price has been agreed upon, then the applicant's estimated
cost; provided, however, that upon review of the Building Inspector,
with the assistance of the Borough Engineer, if required, such contract
price or estimated cost is unrealistic, then the Building Inspector
shall make the estimate of the cost which shall be final.
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Section 112.3.1 Residential: New construction,
alterations, additions and repairs: $20 per $1,000 of cost
or fraction thereof.
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Section 112.3.2 All new construction,
other than residential: $30 per $1,000 of cost or fraction
thereof for the first $50,000; then $15 per $1,000 of cost or fraction
thereof for cost above $50,000.
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Section 112.3.3 All alterations, additions
and repairs other than residential: $30 per $1,000 of cost
or fraction thereof for the first $20,000; then $15 per $1,000 of
cost or fraction thereof for cost above $20,000.
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Section 112.3.4 Demolition and moving
of any building: Base fee of $100, plus $10 for each $1,000
of cost or fraction thereof.
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Section 112.3.5 Work started prior to
obtaining permit: Where work for which a permit is required
by this article is started prior to obtaining the required permit,
the fees set forth herein for such permit shall not relieve any persons
from fully complying with the requirements of this article in the
execution of the work or from any other penalties prescribed herein.
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Section 112.3.6 License required: Any person, firm or corporation who shall contract to perform construction,
demolition, alteration or repair work or who shall perform construction,
demolition, alteration or repair work within the Borough of Eddystone,
with estimated costs in excess of $2,500, must obtain a construction
license and pay a fee of $50 for the same. The license obtained hereunder
shall be a yearly license that shall run from January 1 of the given
year and expire on December 31 of the same given year.
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Section 113.4 Right of entry: Except
in the case of an emergency or a mutually convenient time agreed to
by the owner, operator or occupant or other person in charge of any
structure or premises, the Building Inspector or his authorized representative
in discharging of his duties, upon showing proper identification where
requested, is hereby authorized to enter and inspect, between the
hours of 9:00 a.m. and 4:00 p.m., any structure or premises in the
Borough of Eddystone to enforce the provisions of this article and
of those other applicable codes and ordinances; the assistance and
cooperation of all other Borough officials including Police and Fire
Departments shall be available to the Building Inspector to assist
in the performance of his duties and in securing right of entry. However,
the Building Inspector may accept reports of inspection by approved
agencies or individuals, and all reports of such inspections shall
be in writing and certified by a responsible individual. The Building
Inspector may engage such expert opinion as may be deemed necessary
to report upon unusual technical issues that may arise subject to
the approval of the appointing authority.
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Section 117.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall constitute a violation and shall be liable to a fine as prescribed in § 85-4 of this article.
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Section 118.1 (a) Existing buildings and
use certificates: Any person, firm or corporation who owns real property within the Borough of Eddystone and desires to sell said property shall first obtain a use and occupancy certificate from the requisite building or housing official of the Borough of Eddystone in accordance with § 97-2 of Chapter 97 of the Code of the Borough of Eddystone, Delaware County, Pennsylvania.
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Section 119.1 Conditions: All buildings
or structures or existing equipment that are or hereafter shall become
unsafe, unsanitary or deficient in adequate exit facilities or which
constitute a fire hazard or are otherwise dangerous to human life
or the public welfare or which involve illegal or improper use, occupancy
or maintenance shall be deemed unsafe buildings or structures. Parapet
walls, cornices, spires, towers, tanks, statuary and other appendages
or structural members which are supported by, attached to or part
of a building and which are in deteriorated condition or otherwise
unable to sustain the design loads which are specified in the Building
Code are hereby designated as unsafe building appendages. A vacant
building, unguarded or open at door or window, shall be deemed a fire
hazard and unsafe within the meaning of this code. All such unsafe
buildings, structures or appendages are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedures set forth in the code
or which alternate procedures as may have been or may be adopted by
this jurisdiction. As an alternative, the Building Inspector or other
Building Inspector or other building or housing official or other
inspector designated by the Borough Council of the Borough of Eddystone
may institute any other appropriate action to prevent, restrain, correct
or abate the violation.
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Person: Any natural person, association,
fiduciary, partnership, corporation or other entity. Whenever used
in any clause prescribing and imposing a penalty or imposing a fine
or imprisonment, or both, the term "person," as applied to an association
or partnership, shall include the members thereof and, as applied
to a corporation, the officers thereof.
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SECTION 406.0 BUILDING PERMITS FOR FLOOD-PRONE AREAS AND
FLOOD-RESISTIVE CONSTRUCTION
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406.1 Legislative intent: The intent of this Section
406.0 is to:
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A.
|
Promote the general health, welfare and safety of the community
with regard to construction in flood-prone areas.
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B.
|
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
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C.
|
Minimize danger to public health by protecting water supply
and natural drainage.
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D.
|
Reduce financial burdens imposed on the community and its residents
by preventing excessive development in areas subject to flow.
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406.2 Permit required; exceptions:
| ||||
A.
|
It shall be unlawful for any person, partnership, business or
corporation to undertake or cause to be undertaken the construction,
reconstruction, enlargement, alteration or relocation of any building
or structure within a flood-prone area as set forth on the attached
plan prepared by the Federal Insurance Administration, which is attached
hereto and made a part hereof by reference, unless an approved building
permit has been obtained from the appropriate Borough Official.
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B.
|
A building permit shall not be required for minor repairs to
existing buildings or structures, provided that no structural changes
or modifications are involved.
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406.3 More restrictive provisions to govern: This
Section 406.0 supersedes any provision currently in effect in flood-prone
areas. However, any underlying ordinance or section thereof shall
remain in full force and effect to the extent that those provisions
are more restrictive.
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406.4 Municipal liability: The granting of a building
permit or approval of a subdivision or land development plan in an
identified flood-prone area shall not constitute a representation,
guaranty or warranty of any kind by the Borough of Eddystone, or by
any official or employee thereof, of the practicability or safety
of the proposed use and shall create no liability upon the Borough
of Eddystone, its officials or employees.
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406.5 Permit required prior to construction: Building
permits shall be required before any new development, construction,
reconstruction, enlargement, alteration or relocation of any building
or structure is undertaken.
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406.6 Issuance of permit: Prior to the issuance
of any building permit pursuant to the provisions of Section 406.0,
the applicant shall submit to the appropriate Borough Official any
and all necessary permits required by state and/or federal law.
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406.7 Contents of application:
| ||||
A.
|
Applications for such a building permit shall be made, in writing,
to the appropriate Borough Official on forms supplied by the Borough
of Eddystone. Such application shall contain at least the following:
| |||
(1)
|
The name and address of the applicant.
| |||
(2)
|
The name and address of the owner of land on which proposed
construction is to occur.
| |||
(3)
|
The name and address of the contractor.
| |||
(4)
|
The location of the site.
| |||
(5)
|
A brief description of proposed work and estimated cost.
| |||
(6)
|
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 new construction is located within or adjacent
to any flood-prone area, applicants for building permits shall also
provide the following specific information:
| |||
(1)
|
A plan which accurately locates the construction proposal with
respect to the flood-prone-area boundaries, stream channel and existing
flood-prone developments. Included shall be all plans for proposed
subdivision and/or land development to assure that:
| |||
(a)
|
All such proposals are consistent with the need to minimize
flood damage.
| |||
(b)
|
All public utilities and facilities, such as sewer, gas electrical
and water systems, are located and constructed to minimize or eliminate
flood damage.
| |||
(c)
|
Adequate drainage is provided so as to reduce exposure to flood
hazards.
| |||
(2)
|
Such plan shall also include existing and proposed contours
and elevation of the ground, lowest floor (including basement), storage
elevations, size of the structure, location and elevation of streets,
water supply, sanitary facilities, soil types and floodproofing measures.
| |||
(3)
|
A document certified by a registered professional engineer or
architect that adequate precautions against flood damage have been
taken with respect to the design of any building or structure and
that the plans for the development of the site adhere to the requirements
and provisions in Section 406.20 of this Section 406.0.
| |||
(4)
|
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
| |||
(a)
|
The elevation of the 100-year flood;
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(b)
|
The proposed lowest floor elevation of any proposed building
based upon the North American Vertical Datum of 1988.
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406.8 Review of application and plans by county: A copy of all applications and plans for new construction in any
flood-prone area to be considered for approval shall be submitted
by the appropriate Borough Official 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 appropriate Borough Official for possible incorporation into
the proposed plan.
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406.9 Review of applications and plans by others: A copy of all plans and applications for new construction in any
flood-prone area to be considered for approval may be submitted by
the appropriate Borough Official to any other appropriate agencies
and/or individuals, e.g., Planning Commission, Municipal Engineer,
etc., for review and comment.
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406.10 Changes after issuance of permit: After
the issuance of a building permit by the appropriate Borough Official,
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 appropriate
Borough Official.
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406.11 Placard: In addition to the building permit,
the appropriate Borough Official shall issue a placard which shall
be displayed on the premises during the time that construction is
in progress. This placard shall show the number of the building permit,
the date of its issuance and shall be signed by the appropriate Borough
Official.
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406.12 Start of construction: Work on the proposed
construction shall begin within six 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 appropriate Borough Official. Construction
shall be considered to have started with the first placement of permanent
construction on the site, such as the pouring of slabs or footings
or any work beyond the state of excavation. For a structure without
a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation, or the affixing of any prefabricated
structure or manufactured home to its permanent site. Permanent construction
does not include land preparation, 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.
| ||||
406.13 Inspection and revocation: During the construction
period, the appropriate Borough Official 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 of Eddystone laws and ordinances.
In the event that the appropriate Borough Official discovers that
the work does not comply with the permit application or with any applicable
laws and ordinances or that there has been a false statement or misrepresentation
by any applicant, the appropriate Borough Official shall revoke the
building permit and report such fact to the Borough of Eddystone for
whatever action it considers necessary.
| ||||
406.14 Fees: The present fees for the issuance
of a building permit as set forth in Section 114.3, Fee Schedule,
shall be applicable to this Section 406.0.
| ||||
406.15 Notices; hearings; orders; appeals:
| ||||
A.
|
Notices. Whenever the appropriate Borough Official or other
authorized municipal representative determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this Section 406.0, or if any regulation adopted pursuant thereto,
such authority shall give notice of such alleged violation as hereinafter
provided. Such notice shall be in writing; shall allow a reasonable
time for the performance of any act it requires; shall 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 shall contain an outline or remedial action
which, if taken, will effect compliance with the provisions of this
Section 406.0 or any part thereof and with the regulations adopted
pursuant thereto.
| |||
B.
|
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this Section
406.0, or of any regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Borough of
Eddystone, provided that such person shall file with the Borough of
Eddystone Secretary a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10
days after the notice was served. The filing of the request for a
hearing shall operate as a stay of the notice and the suspension.
Upon receipt of such petition, the Borough of Eddystone Secretary
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice shall be modified
or withdrawn. The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that, upon
application of the petitioner, the Borough of Eddystone Secretary
may postpone the date of the hearing for a reasonable time beyond
such ten-day period when, in his judgment, the petitioner has submitted
good and sufficient reasons for such postponement.
| |||
C.
|
Findings and order. After such hearing, the Borough Council of the Borough of Eddystone shall make findings as to compliance with the provisions of this Section 406.0 and regulations issued thereunder and shall issue and 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 Borough Council of the Borough of
Eddystone, together with a copy of every notice and order related
thereto, shall be entered as a matter of public record in the Borough
of Eddystone, 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 Borough of Eddystone
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this commonwealth.
| |||
406.16 Identification of floodplain areas:
| ||||
A.
|
Identification. The identified floodplain area shall be those
areas of Eddystone Borough which are subject to the 100-year flood,
which is identified as Zone A (Area of Special Flood Hazard) in the
Flood Insurance Study (FIS) prepared for the Borough by the Federal
Emergency Management Agency (FEMA), dated November 18, 2009, and the
accompanying maps or the most recent revision thereof as issued by
the Federal Emergency Management Agency, including all digital data
developed as part of the Flood Insurance Study.
| |||
B.
|
Description of floodplain areas. The identified floodplain area
shall consist of the following specific areas:
| |||
(1)
|
FW (Floodway Area). The areas identified as "Floodway" in the
AE Zone in the Flood Insurance Study prepared by FEMA. The term shall
also include the floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
For the purposes of this section, the floodway is based upon the criteria
that a certain area within the floodplain would be capable of carrying
the waters of the 100-year flood without increasing the water surface
elevation of the flood more than one foot at any point.
| |||
(2)
|
FF (Flood-Fringe Area). The remaining portions of the 100-year
floodplain in those areas identified as Zone AE in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the 100-year flood elevations as shown
in the flood profiles contained in the Flood Insurance Study.
| |||
(3)
|
FE (Special Floodplain Area). The areas identified as Zone AE
in the Flood Insurance Study, where 100-year flood elevations have
been provided, but no floodway has been delineated.
| |||
(4)
|
FA (General Floodplain Area). The areas identified as Zone A
in the Flood Insurance Study for which no elevations have been provided.
When available, information from other federal, state or other acceptable
sources shall be used to determine the 100-year elevation, as well
as the floodway area, if possible. When no other information is available,
the 100-year elevation shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the construction
site in question.
| |||
406.17 Map showing flood-prone areas: For the purpose
of this Section 406.0, the boundaries of the Floodplain District within
the Borough of Eddystone are shown on the Flood Insurance Rate Maps
(FIRM) provided by the FEMA, which are available for inspection at
the offices of the Borough of Eddystone.
| ||||
406.18 Changes in boundaries of flood-prone areas: For the purposes of this Section 406.0, the boundaries of the Floodplain
District may be revised or modified by the Borough Council of the
Borough of Eddystone only where necessary because of natural or man-made
changes which have occurred and/or where more detailed studies undertaken
by a qualified agency or individual may document the need for such
revision. All such changes shall be subject to the review and approval
of the Federal Insurance Administration.
| ||||
406.19 Boundary disputes: Should a dispute arise
concerning the boundary of the Floodplain District, an initial determination
shall be made by the Zoning Officer or Engineer, and any party aggrieved
by this decision may appeal to the Borough Council of the Borough
of Eddystone. The burden of proof shall be on the appellant.
| ||||
406.20 Construction regulations: In order to prevent
damage to buildings and structures due to conditions of flooding,
the following regulations shall apply to all new construction and
substantial improvements within the Floodplain District.
| ||||
A.
|
Floodway regulations. In the Floodway Area, the following regulations
shall apply:
| |||
(1)
|
No modification, alteration, repair or construction of buildings,
structures, fill or any combination of these shall be permitted which
would impair its ability to carry and discharge floodwaters or increase
the water surface elevation of the 100-year flood.
| |||
(2)
|
Existing nonconforming structures shall not be expanded but
may be otherwise modified, altered or repaired, provided that such
measures incorporate floodproofing measures and do not raise the level
of the 100-year flood.
| |||
a.
|
Any modification, alteration, or reconstruction, of any kind
to an existing structure, to an extent or amount of 50% or more of
its market value, shall constitute a substantial improvement and shall
be undertaken only in full compliance with the provisions of this
section.
| |||
b.
|
No modification, alteration or reconstruction of an existing
structure shall be allowed within any FE area that would, together
with all other existing and anticipated development, increase the
100-year flood elevation more than one foot at any point.
| |||
(3)
|
Any new construction, development, use, activity, or encroachment
that would cause any increase in flood heights shall be prohibited.
| |||
(4)
|
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
| |||
B.
|
Within any FE (Special Floodplain Area), no new construction
or development shall be allowed unless it is demonstrated that the
cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the elevation of the 100-year flood more than one foot at any point.
| |||
C.
|
Within any FE (Special Floodplain Area) or FA (General Floodplain
Area), no new construction or development shall be located within
the area measured 50 feet from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
| |||
D.
|
Within any identified floodplain area or zone, the following
elevations and floodproofing (nonresidential) regulations shall apply:
| |||
(1)
|
First-floor elevations.
| |||
(a)
|
Nonresidential structures:
| |||
i.
|
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation, or be designed and constructed so that
the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
| |||
ii.
|
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
100-year flood elevation, shall be floodproofed in a completely or
essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above referenced standards.
| |||
(b)
|
The lowest floor, including basement, of construction of residential
structures shall be constructed at an elevation of at least 1 1/2
feet above the level of the 100-year flood.
| |||
(c)
|
Together with attendant utilities and sanitary facilities, be
designed and constructed so that the structure is watertight and shall
be capable of withstanding the hydrostatic and hydrodynamic loads
and the effects of buoyancy to an elevation of at least 1 1/2
feet above the level of the 100-year flood.
| |||
(2)
|
Fill. If fill is used, it shall:
| |||
(a)
|
Extend laterally at least 15 feet beyond the building line from
all points.
| |||
(b)
|
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
| |||
(c)
|
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
| |||
(d)
|
Be no steeper than one vertical to two horizontal, unless substantiating
data justifying steeper slopes are submitted to and approved by the
appropriate Borough Official.
| |||
(e)
|
Be used to the extent to which it does not adversely affect
adjacent properties.
| |||
(3)
|
Placement of buildings and structures. All buildings and structures
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
| |||
(4)
|
Anchoring.
| |||
(a)
|
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent lateral movement, collapse
or flotation, thus reducing the threat to life and property and decreasing
the possibility of the blockage of bridge openings and other restricted
sections of the watercourse.
| |||
(b)
|
All air ducts, large pipes and storage tanks located at or below
the first-floor level shall be firmly anchored to prevent flotation.
| |||
(5)
|
Floors, walls and ceilings.
| |||
(a)
|
Wood flooring used at or below the first-floor level shall be
installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without incurring structural damage to the
building.
| |||
(b)
|
Plywood used at or below the first-floor level shall be of an
exterior or marine grade and of water-resistant or waterproof variety.
| |||
(c)
|
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
| |||
(d)
|
Window frames, door frames and door jambs used at or below the
first-floor level shall be made of metal.
| |||
(6)
|
Electrical systems.
| |||
(a)
|
All electric water heaters, electric furnaces, electric air-conditioning
and ventilating systems and other critical electrical installations
shall be permitted only at elevations of 1 1/2 feet or more above
the 100-year flood elevation.
| |||
(b)
|
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the 100-year flood elevation.
| |||
(c)
|
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
| |||
(7)
|
Plumbing.
| |||
(a)
|
Water heaters, furnaces and other critical mechanical installations
shall be permitted only at elevations of 1 1/2 feet or more above
the 100-year flood elevation.
| |||
(b)
|
No part of any on-site sewage disposal system shall be constructed
within any flood-prone area.
| |||
(c)
|
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of floodwaters into the systems and discharges
from the system into floodwaters.
| |||
(d)
|
All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters into the systems and discharges from
the systems into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
| |||
(8)
|
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
| |||
(9)
|
Paints and adhesives.
| |||
(a)
|
Adhesives used at or below the first-floor level shall have
a bonding strength that is unaffected by inundation.
| |||
(b)
|
Doors and all wood trim at or below the first-floor level shall
be capable of surviving inundation.
| |||
(c)
|
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
| |||
(10)
|
Storage. No materials that are buoyant, flammable, explosive
or, in times of flooding could be injurious to human, animal or plant
life shall be stored below an elevation of 1 1/2 feet above the
100-year floodplain.
| |||
(11)
|
Partially enclosed space below lowest floor. Require, for all
new construction and substantial improvements, that partially enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. The term "partially enclosed space"
also includes crawl spaces. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria: A minimum of two
openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
| |||
(12)
|
Fully enclosed space below the lowest floor. Fully enclosed
space below the lowest floor (including basement) is prohibited.
| |||
E.
|
Manufactured homes. No manufactured home shall be placed within
any of the subdistricts of the floodplain.
| |||
F.
|
Altering or relocating watercourse. No watercourse within the
Borough of Eddystone shall be altered or relocated unless the following
conditions are met:
| |||
(1)
|
The applicant shall assure the Borough Council of the Borough
of Eddystone that the carrying capacity of the watercourse shall be
maintained.
| |||
(2)
|
The applicant shall furnish to the Borough Council of Eddystone
evidence that the applicant has notified all adjacent municipalities
and the Department of Community and Economic Development of the Commonwealth
of Pennsylvania of the alteration or relocation and all required permits
or approvals have been first obtained from the Department of Environmental
Protection Regional Office. Copies of such notifications shall be
submitted to the Federal Emergency Management Agency (FEMA).
| |||
406.21 Definitions:
| ||||
A.
|
General. Unless specifically defined below, words and phrases
used in this Section 406.0 shall be interpreted so as to give them
the same meaning as they have in common usage and so as to give this
Section 406.0 its most reasonable application.
| |||
B.
|
As used in this Section 406.0, the following terms shall have
the meanings indicated:
| |||
100-YEAR FLOOD or BASE FLOOD — The flood having a one-percent
chance of being equaled or exceeding in any given year.
| ||||
ACCESSORY USE OR STRUCTURE — A use or structure on the
same lot with and of a nature customarily incidental and subordinate
to the principal use or structure.
| ||||
BASEMENT — Any area of the building having its floor subgrade
(below ground level) on all sides.
| ||||
BUILDING — See "structure."
| ||||
COMPLETELY DRY SPACE — A space which will remain totally
dry during flooding; the structure is designed and constructed to
prevent the passage of water and water vapor.
| ||||
DEVELOPMENT — Any man-made change to improved or unimproved
real estate, including but not limited to the construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets, and other
paving; utilities; filling, grading and excavation; mining; dredging;
drilling operations; storage of equipment or materials; and the subdivision
of land.
| ||||
ESSENTIALLY DRY SPACE — A space which will remain dry
during flooding, except for the passage of some water vapor or minor
seepage; the structure is substantially impermeable to the passage
of water.
| ||||
FLOODWAY — The designated area of a floodplain required
to carry and discharge flood waters of a given magnitude. For the
purposes of this section, the floodway shall be capable of accommodating
a flood of the 100-year magnitude.
| ||||
HISTORIC STRUCTURE — Any structure that is:
| ||||
(i)
|
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
| |||
(ii)
|
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
| |||
(iii)
|
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
| |||
(iv)
|
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
| |||
(1)
|
By an approved state program as determined by the Secretary
of the Interior; or
| |||
(2)
|
Directly by the Secretary of the Interior in states without
approved programs.
| |||
IDENTIFIED FLOODPLAIN AREA — The floodplain area specifically
identified in this section as being inundated by the 100-year flood.
Included would be areas identified as Floodway (FW), Flood-Fringe
(FF), Special Floodplain (FE) and General Floodplain (FA).
| ||||
LAND DEVELOPMENT — The improvement of one lot or two or
more contiguous lots, tracts or parcels of land for any purpose involving
a group of two or more buildings; or the division or allocation of
land or space between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features; or a
subdivision of land.
| ||||
LOWEST FLOOR — The lowest floor of the lowest enclosed
area (including basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or storage,
in an area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this section.
| ||||
MANUFACTURED HOME — A transportable, single-family dwelling
intended for permanent occupancy, office or place of assembly, contained
in one or more sections, built on a permanent chassis, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and constructed so that is may
be used with or without a permanent foundation. The term includes
park trailers, travel trailers or other similar vehicles which are
placed on a site for more than 180 consecutive days.
| ||||
MANUFACTURED HOME PARK — A parcel of land under single
ownership which has been planned and improved for the placement of
two or more manufactured homes for nontransient use.
| ||||
MINOR REPAIR — The replacement of existing work with equivalent
materials for the purpose of its routine maintenance and upkeep, but
not including any addition, change or modification in construction,
exit facilities or permanent fixtures or equipment.
| ||||
NEW CONSTRUCTION — Structures for which the start of construction
commenced on or after February 2, 1977, and includes any subsequent
improvements thereto.
| ||||
OBSTRUCTION — Any wall, dam, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel, rectification,
culvert, building, fence, stockpile, refuse, fill, structure or matter
in, along, across or projected into any channel, watercourse or flood-prone
area, which may impede, retard or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water, or is placed where the flow of water might carry the
same downstream to the damage of life or property.
| ||||
RECREATIONAL VEHICLE — A vehicle which is built on a single
chassis; 400 square feet or less when measured at the largest horizontal
projection; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
| ||||
REGULATORY FLOOD ELEVATION — The 100-year flood elevation
plus a freeboard safety factor of 1 1/2 feet.
| ||||
STRUCTURE — Anything constructed or erected on the ground
or attached to the ground including, but not limited to, buildings,
sheds, manufactured homes, and other similar items. This term includes
any man-made object having an ascertainable stationary location on
or in land or water whether or not affixed to land.
| ||||
SUBDIVISION — The division or redivision of a lot, tract
or parcel of land by any means into two or more lots, tracts, parcels
or other divisions of land, including changes in existing lot lines,
for the purpose, whether immediate or future, of lease transfer or
ownership or building or lot development; provided, however, that
the division of land for agricultural purposes into parcels of more
that 10 acres not involving any new street or easement of access shall
be exempt.
| ||||
SUBSTANTIAL DAMAGE — Damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before-damaged
condition would equal or exceed 50% of the market value of the structure
before the damage occurred.
| ||||
SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure either before the improvement
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply
with existing state or local health, sanitary or safety code specifications
which are necessary solely to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or on the State Inventory of Historic Places.
| ||||
406.22 Variances:
| ||||
A.
|
It is understood that the literal enforcement of the provisions
of this Section 406.0 upon applicants may create hardships upon an
applicant which require the Borough Council of the Borough of Eddystone
to grant a variance and/or variances to an applicant. No variance
and/or variances shall be granted by the Borough Council of the Borough
of Eddystone except upon the following criteria:
| |||
(1)
|
Variances shall not be issued by the Borough Council of the
Borough of Eddystone within any designated regulatory floodway if
any increase of flood levels during the base flood discharge would
result.
| |||
(2)
|
Variances shall only be issued by Borough Council of the Borough
of Eddystone upon a showing of good and sufficient cause, a determination
that failure to grant the variance would result in exceptional hardship
to the applicant and a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety or extraordinary public expense nor create nuisances,
cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
| |||
(3)
|
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
| |||
B.
|
The Borough Council of the Borough of Eddystone shall notify
the applicant, in writing, over the signature of the President of
the Borough Council or his or her designee, that the issuance of a
variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts
as high as $25 for $100 of insurance coverage and that such construction
below the base flood level increases risks to life and property. Such
notification shall be maintained with a record of all variance actions
as required in Subsection C of this section.
| |||
C.
|
The Borough of Eddystone shall maintain a record of all variance
actions, including justification for their issuance, and shall report
such variances issued in its annual report submitted to the Federal
Insurance Administrator.
| |||
406.23 Development which may endanger human life.
| ||||
A.
|
The provisions of this section shall be applicable in addition
to any other applicable provisions of this Section 406.0 or any other
ordinance, code or regulation.
| |||
B.
|
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following materials or substances, or which will be
used for any activity requiring the maintenance of a supply (more
that 550 gallons or other comparable volume, or any amount of radioactive
substances) of any of the following materials or substances on the
premises, shall be subject to the provisions of this section, in addition
to all other applicable provisions:
| |||
(1)
|
Acetone.
| |||
(2)
|
Ammonia.
| |||
(3)
|
Benzene.
| |||
(4)
|
Calcium carbide.
| |||
(5)
|
Carbon disulfide.
| |||
(6)
|
Celluloid.
| |||
(7)
|
Chlorine.
| |||
(8)
|
Hydrochloric acid.
| |||
(9)
|
Hydrocyanic acid.
| |||
(10)
|
Magnesium.
| |||
(11)
|
Nitric acid and oxides of nitrogen.
| |||
(12)
|
Petroleum products (gasoline, fuel, oil, etc.).
| |||
(13)
|
Phosphorus.
| |||
(14)
|
Potassium.
| |||
(15)
|
Sodium.
| |||
(16)
|
Sulphur and sulphur products.
| |||
(17)
|
Pesticides (including insecticides, fungicides, and rodenticides).
| |||
(18)
|
Radioactive substances, insofar as such substances are not otherwise
regulated.
| |||
C.
|
Within any floodway area any structure of the kind described
in Subsection B above shall be prohibited.
| |||
D.
|
Where permitted in any floodplain area, any structure of the
kind described in Subsection B above shall be:
| |||
(1)
|
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the 100-year flood elevation;
and
| |||
(2)
|
Designed to prevent pollution from the structure or activity
during the course of a 100-year flood.
| |||
E.
|
Any structure or part thereof that will be built below the regulatory
flood elevation shall be designed and constructed in accordance with
standards for completely dry floodproofing contained in the publication
Floodproofing Regulations (United States Army Corps of Engineers,
June 1972, as amended March 1992) or with some other equivalent watertight
standard.
| |||
F.
|
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
| |||
406.24 Activities requiring special permits:
| ||||
A.
|
The provisions of this section shall be applicable in addition
to any other applicable provisions of this Section 406.0 or any other
ordinance, code or regulation.
| |||
B.
|
Identification of activities requiring a special permit. In
accordance with the Pennsylvania Flood Plain Management Act (Act No.
166 of 1978)[2], and regulations adopted by the Department of Community
and Economic Development as
required by the Act, the following obstructions and activities are
permitted only by special permit if located partially or entirely
within any identified floodplain area:
| |||
(1)
|
Hospitals, public or private.
| |||
(2)
|
Nursing homes, public or private.
| |||
(3)
|
Jails.
| |||
(4)
|
New manufactured home parks and manufactured home subdivisions,
and substantial improvements to existing manufactured home parks.
| |||
C.
|
Application requirements. Applicants for special permits shall
provide five copies of the following items:
| |||
(1)
|
A written request, including a completed building permit application
form.
| |||
(2)
|
A small scale map showing the vicinity in which the proposed
site is located.
| |||
(3)
|
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)
|
Topography based upon the National Geodetic Vertical Datum of
1988, showing existing and proposed contours at intervals of two feet.
| |||
(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 exiting streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction and elevations.
| |||
(e)
|
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting or affected by the proposed activity or development.
| |||
(f)
|
The location of the floodplain boundary line, information and
spot elevations concerning the 100-year flood elevations and information
concerning the flow of water, including direction and velocities.
| |||
(g)
|
The location of all proposed buildings, structures, utilities
and any other improvements.
| |||
(h)
|
Any other information which the municipality considers necessary
for adequate review of the application.
| |||
(4)
|
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at a suitable scale showing the following:
| |||
(a)
|
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
| |||
(b)
|
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
| |||
(c)
|
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the 100-year
flood.
| |||
(d)
|
Detailed information concerning any proposed floodproofing measures.
| |||
(5)
|
The following data and documentation:
| |||
(a)
|
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents.
| |||
(b)
|
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the 100-year flood.
| |||
(c)
|
A statement, certified by a registered professional engineer,
architect, landscape architect or other qualified person, which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a 100-year flood, including a statement concerning the effects such
pollution may have on human life.
| |||
(d)
|
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on the
100-year flood elevations and flows.
| |||
(e)
|
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the 100-year flood elevation and the effects such materials and debris
may have on the 100-year flood elevation and flows.
| |||
(f)
|
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
| |||
(g)
|
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.
| |||
(h)
|
Any other applicable permits, such as but not limited to a permit
for any activity regulated by the Department of Environmental Protection
under § 302 of Act No. 166 of 1978.[3]
| |||
(i)
|
Any evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of the
100-year flood.
| |||
D.
|
Application review procedures. Upon receipt of an application
for a special permit by the Borough, the following procedures shall
apply in addition to all other applicable permit procedures which
are already established:
| |||
(1)
|
Within three working days following receipt of an application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendation. Copies of the
application shall also be forwarded to the Borough Planning Commission
and Borough Engineer for review and comment.
| |||
(2)
|
If an application is received that is incomplete, the Borough
shall notify the applicant, in writing, stating in what respects the
application is deficient.
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(3)
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If the Borough decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
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(4)
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If the Borough approves an application, it shall file written
notification, together with the application and all pertinent information,
with the Department of Community and Economic Development, by registered
mail, within five working days after the date of approval.
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(5)
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Before issuing the special permit, the Borough shall allow the
Department of Community and Economic Development 30 days, after receipt
of the notification by the Department, to review the application and
the decision made by the Borough.
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(6)
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If the Borough does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special permit to the applicant.
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(7)
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If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the Borough and
the applicant, in writing, of the reasons for disapproval, and the
borough shall not issue the special permit.
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E.
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Technical requirements for development requiring a special permit.
In addition to any other applicable requirements, the following provisions
shall also apply to the activities requiring a special permit. If
there is any conflict between any of the following requirements and
any otherwise applicable provision, the more restrictive provision
shall apply.
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(1)
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No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
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(a)
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Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
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[1]
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The structure will service inundation by waters of the 100-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the 100-year flood
elevation.
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[2]
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The lowest floor elevation, including basement, will be at least
1 1/2 feet above the 100-year flood elevation.
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[3]
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The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the 100-year
flood.
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(b)
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Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life and property.
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(2)
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All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough and the Department of Community and
Economic Development.
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F.
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Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
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SECTION 514.0 STORMWATER MANAGEMENT
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514.1 Rooftop storage of stormwater: The design of large roof surfaces shall consider the storage of precipitation
on the roof structure in accordance with the criteria and standards
adopted in the watershed stormwater management plan.
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514.2 Parking lot surfaces: Parking
lots shall be graded with rolled or compacted cinders, gravel or other
approved materials, including porous pavement, where feasible.
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514.3 Stormwater drainage of parking lots: The design of parking lots shall consider seepage pits or basins,
detention basins, either above or underground, among other methods
to control the rate of runoff from stormwater. The design of parking
lots shall ensure that runoff be managed to adequately protect health
and property from possible injury.
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514.4 Ponding: Roofs shall be designed
for the maximum possible depth of water that may be ponded thereon
as determined by the relative levels of roof deck and overflow weirs,
scuppers, edges or serviceable drains in combinations with the deflected
structural elements. Where rooftop storage is being considered for
stormwater detention purposes, storage volume shall be designed according
to criteria and standards adopted in the watershed stormwater management
plan.
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514.5 Stormwater systems, general: Every building in which people live, work or congregate shall be
provided with a stormwater system which shall safely collect and release
stormwater runoff from building roof surfaces in accordance with the
Pennsylvania Stormwater Management Act No. 167._
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514.6 System design: The design
of each building's stormwater system shall include those measures
necessary to meet the standards for stormwater release established
in the watershed stormwater management plan. The design of systems
will be included in building plans and approved by the building code
enforcement officer.
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514.7 Building permit applications: The building official shall examine or cause to be examined all
applications for permits and amendments thereto within a reasonable
time after filing. If the application or the plans do not conform
to the requirements of all pertinent laws, he/she shall reject such
application in writing, stating the reasons therefor. If he/she is
satisfied that the application/plans conform to the requirements of
this code and all laws and ordinances applicable thereto, he/she shall
issue a permit therefor as soon as practicable. The building official
shall not issue any permit for construction unless all activities
and uses shall comply with the standards and criteria of the Ridley
Creek Stormwater Management Plan, as regulated by the Ridley Creek
Stormwater Management Ordinance, now in effect or later amended or
adopted.
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819.4 Construction: Exterior stairs,
porches and balconies shall be constructed entirely of steel or other
approved noncombustible materials with handrails on both sides of
stairways and platforms.
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821.3 Construction: The fire escape
shall be designed to support a live load of 100 pounds per square
foot (psf) and shall be constructed of steel or other approved noncombustible
material.
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1106.1 Uniform live load: The plans
of all buildings and structures intended for other than residential
uses shall specify the live loads for which each floor or part thereof
has been designed. The minimum uniformly distributed live load in
pounds per square foot (psf) shall be as provided in Table 1106 and
for all concentrated loads wherever they occur as provided in Section
1107.0.
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Section M-114.2 Periodic inspections. All fees for periodic inspection as provided herein shall be as
established, from time to time, by resolution of the Borough Council.
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M-114.3.1 Residential: New construction,
alterations, additions and repairs: $20 per $1,000 of cost or fraction
thereof.
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M-114.3.2 All new construction, other
than residential: Thirty dollars per $1,000 of cost or fraction
thereof for the first $50,000; then $15 per $1,000 of cost or faction
thereof for cost above $50,000.
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M-114.3.3 All alterations, additions and
repairs other than residential: Thirty dollars per $1,000 of
cost or fraction thereof for the first $20,000; then $15 per $1,000
of cost or fraction thereof for cost above $20,000.
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