The Zoning Officer within the Borough of Bradford Woods is hereby
appointed to administer and enforce this chapter and is referred to
herein as the "floodplain administrator." The floodplain administrator
may: fulfill the duties and responsibilities set forth in these regulations;
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or enter into a written agreement or written contract
with any agency or private sector entity to administer specific provisions
of these regulations. 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.
Building permits shall be required before any construction or
development is undertaken within any area of the Borough of Bradford
Woods.
A.
The Zoning Officer shall issue a building permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this chapter and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building permit, the Zoning Officer
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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
The floodplain administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
[Amended 8-11-2014 by Ord. No. 440]
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 Zoning Officer to determine that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this chapter 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;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
[Added 8-11-2014 by Ord.
No. 440]
(5)
Building materials are flood-resistant;
[Added 8-11-2014 by Ord.
No. 440]
(6)
Appropriate practices that minimize flood damage have been used;
and
[Added 8-11-2014 by Ord.
No. 440]
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
[Added 8-11-2014 by Ord.
No. 440]
C.
In addition to the information required by the Bradford Woods Building
Code,[2] applicants shall file the following minimum information
plus any other pertinent information as may be required by the Zoning
Officer 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 National Geodetic Vertical Datum of 1988;
[Amended 8-11-2014 by Ord. No. 440]
(b)
The elevation of the base flood;
[Amended 8-11-2014 by Ord. No. 440]
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and
[Amended 8-11-2014 by Ord. No. 440]
(d)
Detailed information concerning any proposed floodproofing measures.
(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 base flood elevations,
pressures, velocities, impact and uplift forces associated with the
base 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.
[Amended 8-11-2014 by Ord. No. 440]
(b)
Detailed information needed to determine compliance with § 124-21F, Storage, and § 124-22, 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 the Department of Environmental
Protection's "Planning Module for Land Development."
(d)
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.
A copy of all plans and applications for any proposed construction
or development in an identified floodplain area to be considered for
approval shall be submitted by the Zoning Officer to any other appropriate
agencies and/or individuals (e.g., Planning Commission, Municipal
Engineer, etc.) for review and comment.
After the issuance of a building permit by the Zoning Officer,
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 Zoning
Officer. Requests for any such change shall be in writing and shall
be submitted by the applicant to the Zoning Officer for consideration.
In addition to the building permit, the Zoning Officer shall
issue a placard which shall be displayed on the premises during the
time construction is in process. This placard shall show the number
of the building permit and the date of its issuance and be signed
by the Zoning Officer.
[Amended 8-11-2014 by Ord. No. 440]
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire, unless a time extension
is granted, in writing, by the floodplain administrator. The issuance
of a development permit does not refer to the zoning approval.
B.
The "actual start of construction" 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/or 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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who 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.
A.
During the construction period, the Zoning Officer 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 these duties, the Zoning Officer 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 Zoning Officer 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 Zoning Officer shall revoke the building permit and
report such fact to the Council for whatever action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a permit shall be accompanied by a fee, payable
to the Borough as determined by the Bradford Woods Fee Schedule, as
amended from time to time, or any successor ordinance.
A.
Notices. Whenever the Zoning Officer 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 Zoning Officer
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 commonwealth.
(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 to refuses
to comply with any notice, order or direction of the Zoning Officer,
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 more than $600, plus costs of prosecution, and, in default
of payment of such fine and costs, shall be subject to imprisonment
for not more than 30 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 Council to be a public nuisance
and abatable as such.
[Amended 8-11-2014 by Ord. No. 440]
A.
Any person aggrieved by an action or decision of the Zoning Officer
concerning the administration of the provisions of this chapter may
appeal to the Zoning Hearing Board. Such appeal must be filed, in
writing, within 30 days after the decision or action of the Zoning
Officer.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall set a
time and place within not less than 10 nor more than 30 days for the
purpose of considering the appeal. Notice of the time and place at
which the appeal will be considered shall be given to all parties.
