A.
In cases where reviews required under this Part 4 are being conducted for projects subject to another review listed in Part 10, a single unified review may take place, at the applicant's option. For stormwater management plans undertaken as part of a development requiring review under Part 5, 7 or 8, the stormwater management plan review and approval shall take place as part of the larger review process in a sequence manner consistent with the site and situation of the project.[1]
C.
For a unified review, the applicant shall pay one unified review
fee in place of all other fees which would normally be required. The
unified review fee is established by resolution of the City Council
from time to time.[3]
E.
Enforcement and appeals shall be as described in this article.
A.
Before submitting any environmental management plan, applicants are
urged to consult with the Stormwater Officer or Floodplain Administrator
(or both) on the applicable regulations and techniques for safely
managing runoff from the development site. The City may also be helpful
in providing necessary data for the stormwater management plan.
B.
Applicants are encouraged to submit a sketch plan with a narrative
description of the proposed management controls for general guidance
and discussion with the City and other agencies.
C.
The preapplication phase is not mandatory. Any review comments provided
by the City and its staff are advisory only and do not constitute
any legally binding action on the part of the City, although City
employees are hereby required to act in good faith.
Applications not reviewed under the unified review section above
shall be reviewed in accordance with the procedures established below.
A.
The appropriate officer shall review the plan and shall recommend
approval or disapproval based on the requirements of this chapter,
the standards and criteria of applicable plans, and good engineering
practice.
B.
The officer shall notify the applicant within 60 days from receipt
of a complete plan submission of his or her decision.
C.
A disapproval shall contain the reasons for disapproval and a listing
of the plan deficiencies.
D.
Failure of the officer to render a decision within the sixty-day
time limit shall be deemed an approval.
E.
The officer may require additional on-site mitigation pending existing
conditions or may require alterations of the submitted plans and design
as to the best interest of the City and/or abutting properties.
A.
A revision to an approved stormwater management plan which involves a change in control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the approved application (as determined by the Stormwater Officer), shall be approved under the procedures contained in § 535-126 of this article. The City shall notify the applicant when such plan revision is required.
(1)
If the request for a plan modification is initiated before construction
begins, the stormwater plan must be resubmitted and reviewed according
to the procedures above.
(2)
If the request for a plan modification is initiated after construction
is underway, the Stormwater Officer shall recommend approval or disapproval
of the modification based on field inspection, provided that: a) the
requested changes in stormwater controls do not result in any modifications
to other approved municipal land use/development requirements (e.g.,
building setbacks, yards, etc.); and b) the performance standards
in § 535-105A are met. Notification of the engineer's
action shall be sent to the Altoona City Planning Commission, which
may issue a stay of the plan modification within five days and require
the permittee to resubmit the plan modification for full stormwater
plan review.
B.
Revisions to erosion and sedimentation control plans, floodplain
plans, and all other types of stormwater management plans shall be
reviewed by the agency issuing approval in accordance with the review
procedures established above. Fees for amendments are established
by resolution of the City Council from time to time.[1]
A.
It shall be unlawful for any person, firm or corporation to undertake any earthmoving activity on any property except as provided in approvals granted pursuant to this Part 4.
B.
It shall also be unlawful to alter or remove any permanent control
structure required by this article or to allow the property to remain
in a condition which does not conform to the approved plan.
C.
Upon final plan approval and receipt of all necessary permits, the
applicant may commence to install or implement the approved mitigation
measures.
A.
When floodplain permits are issued, work on the proposed construction
and/or development shall begin within one month and shall be completed
within six months after the date of issuance of the partial and supplemental
building permits, or the permit shall expire unless a time extension
is granted, in writing, by the Building Inspector.
B.
For stormwater management and erosion and sedimentation control approvals,
if site development or building construction does not begin within
two years of the date of final approval of the mitigation plan, then
before doing so the applicant shall resubmit the mitigation plan to
verify that no condition has changed within the watershed that would
affect the feasibility or effectiveness of the previously approved
mitigation controls. Further, if for any reason development activities
are suspended for two years or more, then the same requirement for
resubmission of the mitigation plan shall apply.
C.
Construction and/or development shall be considered to have started
with the preparation of land, land clearing, grading, filling, excavation
for basement, footings, piers, or foundations, erection of temporary
forms, the installation of piling under proposed subsurface footings,
or the installation of sewer, gas, and water pipes, or electrical
or other service lines from the street.
D.
Time extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Building Inspector, Stormwater Officer, or Floodplain Permit
Officer to approve such a request.
A.
Schedule of inspections.
(1)
During the construction period, the Floodplain Administrator
and/or Building Permit Officer or other authorized official shall
inspect the premises to determine that the work is progressing in
compliance with the information provided on the building and floodplain
area 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. The permittee shall notify the officer
48 hours in advance of the completion of the following key development
phases:
(a)
At the completion of preliminary site preparation, including
stripping of vegetation, stockpiling of topsoil and construction of
temporary stormwater management and erosion control facilities.
(b)
At the completion of rough grading but prior to placing topsoil,
permanent drainage or other site development improvements and ground
covers.
(c)
During construction of the permanent stormwater facilities at
such times as specified by the Stormwater Officer.
(d)
Upon completion of permanent improvements including established
ground covers and plantings.
(e)
Upon completion of final grading, vegetative control measures
or other site restoration work done in accordance with the approved
plan and permit.
(2)
In the discharge of his or her duties, the Floodplain Administrator
and/or Building Permit Officer or any authorized representative 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.
(3)
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the Officer or Inspector shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
(4)
If during construction the contractor or permittee identifies
any site condition, such as subsurface soil conditions, alterations
in surface or subsurface drainage, which could affect the feasibility
of the approved improvements, he or she shall notify the Officer within
24 hours of the discovery of such condition and request a field inspection.
The Officer shall determine if the condition requires a plan modification.
(5)
In cases where improvements are to be installed in areas of
landslide-prone soils or other special site conditions exist, the
Officer may require special precautions such as soil tests and core
borings, full-time inspectors and/or similar measures. All costs of
any such measures shall be borne by the permittee.
(6)
In the event the Floodplain Administrator, Stormwater Officer, or Building Inspector 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, such official may revoke any approvals given under this Part 4 and report such to City Council.
(7)
After a certificate of occupancy has been issued for a project
involving a floodplain permit, inspection of structures or premises
will fall under the 2009 International Building Code, Section 104.6.
A.
When streets, sanitary sewers, stormwater management facilities,
waterlines or other required improvements in the development have
been completed in accordance with the final approved plan, such improvements
shall be deemed private until such time as they have been offered
for dedication to the City of Altoona and accepted by separate ordinance
or resolution or until they have been condemned for use as a public
facility.
B.
Prior to acceptance of any improvements or facilities, the Municipal
Engineer shall inspect it to ensure that it is constructed in accordance
with the approved plan and is functioning properly. In the case of
any stormwater control facility, it must be free of sediment and debris.
C.
The owner shall submit as-built plans for all facilities proposed
for dedication.
A.
Upon presentation of proper credentials, duly authorized representatives
of the City of Altoona may enter at reasonable times upon any property
within the City of Altoona to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
article.
B.
Whenever the Floodplain Administrator, Stormwater Officer, or Building
Inspector determines that there are reasonable grounds to believe
that there has been a violation of any provisions herein, or of any
regulation adopted pursuant thereto, the appropriate administrator
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 or 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 commonwealth.
(5)
Contain an outline of remedial action which, if taken, will
effect compliance.
(6)
The Floodplain Administrator shall notify all City departments
of violations of this article and direct each department to take appropriate
action if the violation of this article constitutes a violation of
any other City ordinance.
C.
Upon failure to comply within the time specified, unless otherwise
extended by the City of Altoona, the applicant, developer, owner or
his/her agent shall be subject to the penalty provisions of this article.
D.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this article may be declared by the Floodplain Administrator, Zoning
Officer, or Building Inspector to be a public nuisance and abatable
as such.
A.
Any person, partnership, or corporation failing to comply with any
or all of the requirements or provisions of this article or who fails
or refuses to comply with any notice, order or direction of the Stormwater
Officer, Floodplain Administrator, Zoning Officer or Building Inspector
shall be guilty of an offense and, upon conviction, shall pay a fine
to the City in accordance with the following schedule:
(1)
For violations under the Erosion and Sedimentation Regulations contained in Article XV of this Part 4, a fine of not less than $100 nor more than $500.
(2)
For violations under the Stormwater Management Regulations contained in Article XVI of this Part 4, a fine of not less than $250 nor more than $1,000.
(3)
For violations under the Floodplain Regulations contained in Article XVII of this Part 4, a fine of not less than $250 nor more than $1,000.
(4)
All fines shall have added to them the costs incurred by the
City for enforcement, including, but not limited to, court costs,
attorneys' fees, professional fees to engineers, architects, surveyors,
planners, landscape architects, or other design professionals, and
expert witness compensation.
B.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating this article to have
believed that there was no such violation. Under such circumstances,
there shall be deemed to have been only one such violation until the
fifth day following the date of the initial determination of a violation
by the Magisterial District Judge; thereafter, each day that a violation
continues shall constitute a separate violation.
C.
If the defendant neither pays nor timely appeals the judgment, the
City may enforce the judgment pursuant to the applicable rules of
civil procedure.
D.
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of this article.
E.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this article 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 noncompliance within 90 days.
F.
The court of competent jurisdiction, upon petition, may grant an
order of stay, upon cause shown, tolling the per-diem judgment pending
a final adjudication of the violation and judgment.
G.
Nothing contained within this section shall be construed or interpreted
to grant any person or entity other than the City the right to commence
action for enforcement pursuant to this section.
H.
In addition to the above remedies, the City may also seek remedies
and penalties under applicable Pennsylvania statutes or regulations
adopted pursuant thereto. Any activity conducted in violation of this
article or any Pennsylvania-approved watershed stormwater management
plan is declared a public nuisance by the City and abatable as such.
I.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section. The Zoning Hearing Board, City Council,
or the Planning Commission do not have jurisdiction once the enforcement
procedures contained in this section are initiated.
A.
In addition to other remedies, the City may institute and maintain
appropriate actions by law or equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The City may refuse to issue any permit or grant any approval necessary
to further improve or develop any real property which has been developed
or which has resulted from a subdivision of real property in violation
of this article. The authority to deny such a permit or approval shall
apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether the current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the City may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
A.
Right of appeal.[1]
(1)
Any order, requirement, decision or determination or interpretation of the City of Altoona Zoning Officer, Floodplain Administrator, or Stormwater Officer relative to the provisions of this article, which does not involve other development under Part 5 or Part 7, may be appealed to the City of Altoona Zoning Hearing Board, under Section 909.1(a)(9) of the Pennsylvania Municipalities Planning Code[2] by the owner, developer of land, general agent, contractor
or any other person aggrieved.
[2]
Editor's Note: See 53 P.S. § 10909.1(a)(9).
(2)
Any order, requirement, decision or determination or interpretation of the City of Altoona Zoning Officer, Floodplain Administrator, or Stormwater Officer relative to the provisions of this article, which also involves other development under Part 5 or Part 7, may be appealed to the Altoona City Planning Commission, under Section 909.1(b)(6) of the Pennsylvania Municipalities Planning Code[3] by the owner, developer of land, general agent, contractor
or any other person aggrieved.
[3]
Editor's Note: See 53 P.S. § 10909.1(b)(6).
B.
Procedure.
(1)
The following procedure shall apply for requests before the
Zoning Hearing Board under this section.
(a)
Application for variations of these regulations shall be submitted,
in writing, to the Floodplain Administrator or Stormwater Officer
on forms supplied by the City of Altoona, who, upon receipt, shall
transmit said requests to the Zoning Officer, Building Inspector,
Planning Administrator, and City Engineer.
(b)
The Zoning Officer shall, within five working days, acknowledge
receipt of all variation requests to the Floodplain Administrator
or Stormwater Officer.
(c)
Should any request for variation require review and approval
by the state or federal government, the Zoning Officer shall, within
five working days, send a copy of said variation request to the appropriate
governmental body or agency.
(d)
All those charged with reviewing the request shall, within 15
working days, conduct such a review and transmit comments to the Zoning
Officer to be forwarded to the Zoning Hearing Board for its consideration
at the hearing.
(e)
Failure to review the variation request and comment within the
time allotted shall be deemed that the nonresponding official has
no problems with the request. No time limits shall be placed upon
federal or state governmental bodies or agencies except the outer
time limits placed on hearings by the Municipalities Planning Code.
(f)
The Zoning Officer shall place the request for variation on the agenda of the Zoning Hearing Board in accordance with the normal procedures used for hearings under Part 3. Should federal or state governmental comments or approvals be required before the Zoning Hearing Board acts upon the request, the hearing shall be opened but then continued until the first meeting following the receipt of any said comments or approvals.
(g)
Upon hearing any request for variation of this article, the Zoning Hearing Board shall render a written decision within 45 days to the applicant, Zoning Officer, and the officials in Subsection B(1)(a) above. Each decision shall be accompanied by findings of fact and conclusions based on this chapter and shall contain a reference to the provision relied on and the reasons why the decision is deemed appropriate in light of the facts found.
(2)
The following procedure shall apply for requests before the
Planning Commission under this section:
(a)
Application for variations of these regulations shall be submitted,
in writing, to the Floodplain Administrator or Stormwater Officer
on forms supplied by the City of Altoona, who, upon receipt, shall
transmit said requests to the Planning Administrator, Building Inspector,
Zoning Officer, and City Engineer.
(b)
The Planning Administrator shall, within five working days,
acknowledge receipt of all variation requests to the Floodplain Administrator
or Stormwater Officer.
(c)
Should any request for variation require review and approval
by the state or federal government, the Planning Administrator shall,
within five working days, send a copy of said variation request to
the appropriate governmental body or agency.
(d)
All those charged with reviewing the request shall, within 15
working days, conduct such a review and transmit comments to the Planning
Administrator to be forwarded to the Planning Commission for its consideration
at the hearing.
(e)
Failure to review the variation request and comment within the
time allotted shall be deemed that the nonresponding official has
no problems with the request. No time limits shall be placed upon
federal or state governmental bodies or agencies except the outer
time limits placed on hearings by the Municipalities Planning Code.
(f)
The Planning Administrator shall place the request for variation on the agenda of the Planning Commission in accordance with the normal procedures used for City Council hearings under Part 3. Should federal or state governmental comments or approvals be required before the Planning Commission acts upon the request, the hearing shall be opened but then continued until the first meeting following the receipt of any said comments or approvals.
(g)
Upon hearing any request for variation of this article, the Planning Commission shall render a written decision within 45 days to the applicant, Planning Administrator, and the officials in Subsection B(2)(b) above. Each decision shall be accompanied by findings of fact and conclusions based on this chapter and shall contain a reference to the provision relied on and the reasons why the decision is deemed appropriate in light of the facts found.
C.
Criteria for granting variations.
(1)
In determining whether to vary the order, requirement, decision
or determination appealed from, the Board or Commission shall consider
whether an equally good or better form of mitigation is available.
(2)
Financial disadvantage of the property owner or developer is
not in and of itself sufficient evidence of a need to permit any variation.
(3)
No variation shall be granted for any construction, development,
use or activity within any identified floodway area that would cause
any increase in the one-hundred-year flood elevation.
(4)
No variation shall be granted for any construction, development,
or activity pertaining specifically to development regulated by § 535-116
(relative to development in the floodplain which endangers human life).
(5)
No variation shall be granted permitting structures to be designed
and constructed without the capacity to withstand the one-hundred-year
flood.
(6)
No variation shall be granted on the basis that compliance with
this article will increase the cost of construction, development,
use of land, or interior repair. The decision shall document the noneconomic
basis for the grant of the variation.
(7)
No variation of the regulations contained within this article
shall be granted if said variation serves to abrogate the terms or
requirements of any other federal, state, or local regulations and/or
ordinances.
(8)
If granted, a variation shall involve only the least modification
necessary to provide relief.
(9)
In granting any variation, the Board or Commission shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this article.
(10)
In reviewing any request for a variation, the Board or Commission
shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variation would result in exceptional
hardship to the applicant.
(c)
That the granting of the variation will not:
[1]
Result in an unacceptable or prohibited increase
in flood heights, additional threats to public safety, or extraordinary
public expense;
[2]
Create nuisances, cause fraud on, or victimize
the public, or conflict with any other applicable state or federal
statute or regulation or local ordinance or regulation.
D.
Exercise of power. In exercising the above powers, the Board or Commission
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from such order, requirement,
decision or determination as ought to be made and, to that end, shall
have all the powers of the officer or agency from whom the appeal
was taken. Every change granted or denied shall be accompanied by
written findings of fact based on sworn testimony and evidence, specifying
the reason for granting or denying the variation. The decision of
the Board or Commission shall be made a part of any plan approval.
E.
Variance record.
(1)
A complete record of all variation requests and related actions
shall be maintained by the following officers/offices:
(a)
For all floodplain regulation variations, the Floodplain Administrator
and the Zoning Hearing Board, depending on the jurisdiction.
(b)
For all stormwater regulation variations heard by the Zoning
Hearing Board, the Stormwater Officer and the Zoning Hearing Board.
(c)
For all erosion and sedimentation control variations heard by
the Zoning Hearing Board, the Planning Administrator and the Zoning
Hearing Board.
(d)
For all stormwater regulation variations heard by the Planning
Commission, the Stormwater Officer and the Planning Commission.
(e)
For all erosion and sedimentation control variations heard by
the Planning Commission, the Planning Commission.
(2)
In addition, a report of all variances granted during the year
shall be included in the annual report to the Federal Insurance Administration.
F.
Appeals. Any person aggrieved by any decision under this section
may seek relief therefrom by appeal to court as provided by the Municipalities
Planning Code.
