Building permits shall be required before any construction or
development is undertaken within any area of the Borough.
A.
The BCO shall issue a building permit hereunder only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building permit, the BCO shall review
the application for the permit to determine if all other necessary
government permits required by state and federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966, P.L. 1535, No. 537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978, P.L. 1375, No. 325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937, P.L. 1987,
No. 394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by such person or entity
proposing such encroachment, alteration or improvement and until all
required permits or approvals have been first obtained from the DEP
Regional Office.
D.
In addition, FEMA and DCED shall be notified by such person or entity
proposing such encroachment, alteration or relocation prior to any
such action to any watercourse.
A.
Application for such a building permit shall be made, in writing,
to the BCO on forms supplied by the Borough. Such application shall
contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
(8)
Any other information required of an applicant for a building permit
for construction outside of an identified floodplain area.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the BCO to determine that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 117-23) as may be required by the BCO to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
and
(f)
The location of any existing bodies of water or watercourses,
identified floodplain, areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 to 405, as amended, and Sections 1612.5.1, 106.2 and
106.2 of the 2006 IBC, and Sections R106.1.3 and R104.7 of the 2006
IRC.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the 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 flood proofing measures which have been
incorporated into the design of the structure and/or the development.
(b)
Detailed information needed to determine compliance with § 117-24F, Storage, and § 117-25, Development which may endanger human life, including:
[1]
The amount, location and purpose of any dangerous materials
or substances which are intended to be used, produced, stored or otherwise
maintained on site.
(c)
The appropriate component of DEP's "Planning Module for
Land Development."
(d)
Where any excavation of grading is proposed, a plan meeting
the requirements of DEP, to implement and maintain erosion and sedimentation
control.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the BCO to any other appropriate
agencies and/or individuals (e.g., Zoning Officer, Planning Commission,
Borough Engineer, etc.) for review and comment.
After the issuance of a building permit by the BCO, 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 BCO. Requests for any
such change shall be in writing and shall be submitted by the applicant
to the BCO for consideration.
The BCO shall issue a permit which shall be displayed on the
premises during the time construction is in progress. This permit
shall show the number of the building permit, the date of its issuance
and be signed by the BCO.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the building permit or the permit shall expire
unless a time extension is granted, in writing, by the BCO. Construction
and/or development shall be considered to have started with the preparation
of land, land clearing, grading, filling, excavation of basement,
footings, piers, or foundations, erection of temporary forms, the
installation of piling under proposed subsurface footings, or the
installation of sewer, gas and water pipes, or electrical or other
service lines from the street.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the BCO to approve such a request.
A.
During the construction period, the BCO or other authorized official
shall inspect the premises to determine that the work is progressing
in compliance with the information provided on the permit application
and with all applicable municipal laws and ordinances. He shall make
as many inspections during and upon completion of the work as are
necessary.
B.
In the discharge of his duties, the BCO shall have the authority
to enter any building, structure, premises or development in the identified
floodplain area, upon presentation of proper credentials, at any reasonable
hour to enforce the provisions of this chapter.
C.
In the event the BCO 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 BCO shall revoke the building permit and report such fact to the
Borough Council for whatever action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
E.
The requirements of the 34 Pa. Code Chapters 401 to 405 and the 2006
IBC (Sections 109.3.3, 1612.5.1, and 104.7) and the 2006 IRC (Sections
R106.1.3, 109.1.3 and R104.7) or latest revisions thereof pertaining
to elevation certificates and record retention shall be considered.
Applications for a building permit shall be accompanied by a
fee, payable to the Borough, which fee or fees shall be adopted by
the Borough by resolution from time to time.
A.
Notices. Whenever the BCO or other authorized municipal representative
determines that there are reasonable grounds to believe that there
has been a violation of any provisions of this chapter, or of any
regulations adopted pursuant thereto, the BCO shall give notice of
such alleged violation as hereinafter provided. Such notice shall:
(1)
Be
in writing;
(2)
Include
a statement of the reasons for its issuance;
(3)
Allow
a reasonable time not to exceed a period of 30 days for the performance
of any act it requires;
(4)
Be
served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
(5)
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the BCO 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 $600, plus costs of prosecution. In default
of such payment, such person shall be imprisoned in county prison
for a period not to exceed 10 days. Each day during which any violation
of this chapter continues shall constitute a separate offense. In
addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of or noncompliance
with this chapter shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliances within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by the Borough Council to be a public
nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the BCO concerning
the issuance or denial of a building permit may appeal such decision
to the UCC Board of Appeals as provided by Borough ordinance, subject
to the procedure prescribed therein. Any person aggrieved by any action
or decision of the BCO concerning the issuance or denial of a building
permit concerning the administration of the provisions of this chapter,
exclusive of matters pertaining to the issuance or denial of a building
permit, may appeal to the Board. In the event of an appeal, such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the BCO.
B.
Upon receipt of such appeal the Borough Council shall set a time
and place, within not less than 10 days nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
