A permit shall be required before any construction or development
is undertaken within any area of the Borough of Lewistown.
A.
The Zoning Officer within the Borough of Lewistown is hereby appointed
to administer and enforce this chapter and is referred to herein as
"the Floodplain Administrator."
B.
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.
C.
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),[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.;
32 P.S. § 693.1 et seq.; and 35 P.S. § 691.1 et
seq., respectively.
D.
During the construction period the Floodplain Administrator and/or
other authorized official, including but not limited to the Building
Code Officer, 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.
The Floodplain Administrator and/or other authorized official may
make as many inspections during and upon completion of the work as
are necessary.
E.
The Floodplain Administrator and/or other authorized official, including
but not limited to the Building Code 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.
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 Borough Council of the Borough of Lewistown for action in accordance with § 125-12, Enforcement; violations and penalties.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code, the 2009 International Building Code and the 2009 International
Residential Code or the latest revisions thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Lewistown. 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.
For purposes of this section, market value may be based on either
the fair market value as set forth in the records of the Mifflin County
Assessment Office, or an appraisal prepared by a certified appraiser
which is not more than six months old.
(7)
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 construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator 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;
(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;
(5)
Building materials are flood resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Applicants shall file the following minimum information in addition
to any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(1)
A completed 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 1929;
(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;
(d)
Detailed information concerning any proposed floodproofing measures;
and
(e)
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 through 405, as amended, and the relevant sections of
the 2009 International Building Code and the 2009 International Residential
Code, or latest revisions thereof.
(4)
The following data and documentation:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(b)
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-hundred-year 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.
(c)
(d)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(e)
Where any excavation of 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 any 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., Lewistown Borough
Planning Commission, Borough Engineer, etc.) for review and comment.
After the issuance of a 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.
In addition to the 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 number
of the permit, the date of its issuance and be signed by the Floodplain
Administrator.
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 permit or the permit shall expire unless a
time extension is granted, in writing, by the Floodplain Administrator.
The start of construction and/or development includes substantial
improvement, and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the
permit date. 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/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.
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 Floodplain Administrator to approve such a request.
A.
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. The Floodplain Administrator or other authorized official
shall make as many inspections during and upon completion of the work
as are necessary.
B.
In the discharge of his 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.
C.
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 Lewistown Borough Council for action in accordance with § 125-12, Enforcement; violations and penalties.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
E.
The requirements of 34 Pa. Code Chapters 401 through 405 and the
provisions of the 2009 International Building Code and the 2009 International
Residential Code or latest revisions thereof pertaining to elevation
certificates and record retention shall be considered.
A.
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. Such 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 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; e) 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 Floodplain Administrator
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 Lewistown 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 Borough Council
to be a public nuisance and abatable as such.
A.
The Zoning Hearing Board shall have jurisdiction to hear and decide all appeals, challenges or requests for variances in cases under this chapter which involve any of the following matters: 1) the use or development of land or a variance in use or development; 2) the location or use of individual buildings, structures or land features, or a variance in the location and use of the same; 3) a regulation prescribed by Chapter 240, Zoning; 4) a nonconforming use or a nonconforming structure in a flood zone; 5) an order, requirement or decision made under §§ 125-18 or 125-19. For the procedures for filing an appeal, challenge, or request for a variance, and the functions, duties and powers of the Zoning Hearing Board, please see § 240-66 of Chapter 240, Zoning.
B.
The Board of Building Appeals, as set forth in the Code of the Borough of Lewistown, specifically, Chapter 10, or the Board of Appeals per the Uniform Construction Code, Chapter 110, Article III, of the Code of the Borough of Lewistown, or latest revisions thereof as appropriate, shall have jurisdiction to hear and decide all appeals in cases under this chapter that are not under the jurisdiction of the Zoning Hearing Board under Subsection A of this section.
