[Ord. No. 913, 8/11/2008, § 2.00, as amended by Ord. No.
999, 9/16/2019]
Floodplain development permits shall be required before any
construction, improvement, development, nonstructural development
and repairs are undertaken within any Bloomsburg identified floodplain
area of the Town of Bloomsburg.
[Ord. No. 913, 8/11/2008, § 2.01, as amended by Ord. No.
999, 9/16/2019]
1.
The floodplain administrator shall issue a floodplain development
permit only after it has been determined that the proposed work to
be undertaken will be in conformance with the requirements of this
chapter, the Uniform Construction Code and all other applicable statutes,
codes and ordinances. The Town of Bloomsburg shall not be responsible
for providing a list of additional permits, licenses, approvals, etc.
As such, the issuance of a floodplain development permit does not,
in and of itself, preclude the requirements of any other agency.
A.
The floodplain administrator shall issue a permit 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 permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); 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.
In the case of existing structures, prior to the issuance of any
development permit, the floodplain administrator shall review the
proposed cost of improvements or repairs and the preimprovement market
value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
D.
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.
E.
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.
F.
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 Town Council for whatever action it considers
necessary.
G.
The floodplain administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this chapter including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
H.
The floodplain administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program, as requested.
I.
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
J.
The floodplain administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
2.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the property owner
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office. In
addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the property owner prior to any alteration or relocation of any
watercourse.
3.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[Ord. No. 913, 8/11/2008, § 2.02, as amended by Ord. No.
999, 9/16/2019]
1.
Application for a floodplain development permit shall be made, in
writing, to the floodplain administrator on forms supplied by the
Town of Bloomsburg and shall contain the following (two copies required):
A.
Name and address of applicant;
B.
Name and address of owner of land on which proposed construction
is to occur;
C.
Name and address of contractor;
D.
Site location, including address;
E.
Listing of other permits required;
F.
A description of proposed work and estimated cost, including a breakdown
of the flood-related cost and the market value of the building before
any flood damage and/or improvement is proposed to occur;
G.
A plan of the site showing the exact size and location of the proposed
construction, as well as any existing buildings or structures; and
H.
Elevation certificate.
(1)
An elevation certificate shall be required prior to the start
of construction as well as a finished elevation certificate (as built)
in order to verify compliance with floodplain regulations. A certificate
of occupancy will not be issued prior to the receipt of the aforementioned
certificate. As such, occupancy of the building, structure, or parts
thereof will be prohibited.
(2)
Nonstructural development. Elevation certificates as well as
certificates of occupancy may not be required based on compliance
with these regulations as well as other federal, commonwealth and
local laws.
2.
If any proposed construction or development is located entirely or
partially within any Bloomsburg identified floodplain area, applicants
for floodplain development permits shall provide all the necessary
information in sufficient detail and clarity to enable the floodplain
administrator to determine that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this chapter, the UCC and
all other applicable statutes, codes and ordinances;
B.
All 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;
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
and
G.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
H.
To demonstrate best practices for sound stormwater drainage management.
3.
Applicants may be required to file the following minimum information
plus any other pertinent information as may be required by the floodplain
administrator to make the above determination:
A.
A completed floodplain development 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:
(5)
The location of all existing streets, drives, and other accessways;
and
(6)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway. Water flows including direction and velocities may
also be required by the floodplain administrator.
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 base flood elevation and the regulatory flood elevation.
(3)
Detailed illustration concerning proposed floodproofing measures
and elevations (if applicable).
(4)
Supplemental information as may be necessary under the requirements
of the Pennsylvania Construction Code Act and subsequent regulations
(UCC) and/or ASCE 24.
D.
The following data and documentation:
(1)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact, and uplift forces associated with the one-percent 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 must be submitted.
[Ord. No. 913, 8/11/2008, § 2.03, as amended by Ord. No.
999, 9/16/2019]
Plans may be submitted to the Columbia County Conservation Department
for review and recommendation at the discretion of the floodplain
administrator.
[Ord. No. 913, 8/11/2008, § 2.04, as amended by Ord. No.
999, 9/16/2019]
A copy of all plans and applications for any proposed construction
or development in any Bloomsburg identified floodplain area to be
considered for approval may be submitted by the floodplain administrator
to any other appropriate agencies and/or individuals (e.g., Planning
Commission, Municipal Engineer, etc.) for review and comment.
[Ord. No. 913, 8/11/2008, § 2.05, as amended by Ord. No.
999, 9/16/2019]
After the issuance of a floodplain development 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 of the floodplain administrator. Requests for any such
change shall be in writing and shall be submitted by the applicant
to the floodplain administrator for consideration.
[Ord. No. 913, 8/11/2008, § 2.06, as amended by Ord. No.
999, 9/16/2019]
In addition to the floodplain development 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 show the identification number of the building permit, the date
of its issuance, a description of the approved construction, expiration
date, list of any required inspections, and it shall be signed by
the floodplain administrator, or his or her designee.
[Ord. No. 913, 8/11/2008, § 2.07, as amended by Ord. No.
999, 9/16/2019]
1.
Start of construction includes substantial improvements and other
proposed new development and means the date the permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days after the date of the permit and shall be completed within
12 months after the date of issuance of the permit unless a time extension
is granted, in writing, by the floodplain administrator. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include
the installation of streets and walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
2.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the floodplain administrator to approve such a request, and the
original permit is compliant with the ordinance and FIRM/FIS in effect
at the time the extension is granted.
[Ord. No. 913, 8/11/2008, § 2.08, as amended by Ord. No.
999, 9/16/2019]
1.
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.
2.
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises,
or development in the Bloomsburg identified floodplain area, upon
presentation of proper credentials, at any reasonable hour to enforce
the provisions of this chapter.
3.
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 suspend and/or
revoke the building permit.
4.
A record of all such inspections and violations of this chapter shall
be maintained.
[Ord. No. 913, 8/11/2008, § 2.09, as amended by Ord. No.
999, 9/16/2019]
An application for a floodplain development permit shall be
accompanied by a fee payable to the Town of Bloomsburg in an amount
as established by resolution of the Town Council of the Town of Bloomsburg
from time to time.
[Ord. No. 913, 8/11/2008, § 2.10, as amended by Ord. No.
999, 9/16/2019]
1.
The Town Manager shall be designated by the Bloomsburg Town Council
to administer and enforce this chapter and is referred to herein as
the "floodplain administrator." The floodplain administrator is responsible
for the administration and enforcement of these regulations. The Town
may also fulfill the duties and responsibilities set forth in these
regulations in one, or more, of the following manners;
A.
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other staff members; and/or
B.
Enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations.
2.
In the absence of a designated floodplain administrator, the floodplain
administrator duties are to be fulfilled by the chief executive officer,
or his/her designee, of the Town of Bloomsburg.
3.
Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in the Code of Federal Regulations at 44 CFR 59.22.
4.
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 provisions of this
chapter, or of any regulations adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. The notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires;
D.
Be served upon the property owner or his/her 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
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
[Ord. No. 913, 8/11/2008, § 2.11, as amended by Ord. No.
999, 9/16/2019]
1.
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board of the Town of Bloomsburg.
Such appeal must be filed, in writing, within 30 days after the decision,
determination, or action of the floodplain administrator and shall
be accompanied by a fee payable to the Town of Bloomsburg in an amount
as established by resolution of the Town Council of the Town of Bloomsburg
from time to time.
2.
Upon receipt of such appeal, the Zoning Hearing Board 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. The hearing will be held in accordance with the provisions
of the Local Agency Act.
3.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this commonwealth, including the Pennsylvania Floodplain Management
Act.
[Added by Ord. No. 999, 9/16/2019]
Any person violating any of the ordinances adopted by the Town
Council shall, upon conviction thereof in a summary proceeding, be
sentenced to pay such fine as may be prescribed in such ordinances
by the Town Council but not in excess of $1,000, to be paid to the
use of the incorporated town, with costs of prosecution, or to be
imprisoned for not more than 10 days, or both. 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. All such persons shall be required to correct
or remedy such violations and noncompliance 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 Town to be a public nuisance and
abatable as such.
