72.10.1.
The Municipal Engineer within the Municipality of Bethel Park
is hereby appointed to administer and enforce this ordinance and is
referred to herein as the "floodplain administrator."
72.11.1.
The floodplain administrator shall review the documentation
required for all municipal permits, including but not limited to grading,
building and/or development, to determine if the requirements in this
ordinance need to be included in the permit approval process.
72.11.2.
Prior to the issuance of any municipal permit, the floodplain
administrator shall review the information submitted to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Uniform Building Code (Act 1999-45, as amended)[1] the Pennsylvania Sewage Facilities Act (Act 1966-537,
as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344.
72.12.1.
If the proposed construction, including accessory structures,
decks, other improvements and manufactured homes (on a permanent foundation),
is fully or partially located in an identified floodplain area as
designated as Zone AE or A by FEMA or other identified floodplain
areas not designated by FEMA, the applicant(s) shall file plans, prepared
by a surveyor or professional engineer, with the following minimum
information, plus any other pertinent information as may be required
by the floodplain administrator, prior to the issuance of any municipal
permit:
1.
The scale of the plan shall not be less than 100 feet equals one
inch;
2.
The maximum size of the plan sheets shall be 24 inches by 36 inches;
3.
North arrow, scale and date;
4.
Site location map;
5.
Name and address of the property owner;
6.
Topography based upon North American Vertical Datum (NAVD) of 1988,
showing existing and proposed contours at intervals of two feet;
7.
The location of all existing and proposed buildings, structures,
and other improvements, and gas wells, including the location of any
existing or proposed subdivision and development;
8.
All property lines, including dimensions and area in acres and square
feet;
9.
The location of all existing streets, drives, other accessways, and
parking areas;
10.
The location of any existing bodies of water, detention systems,
watercourses, streams, rivers, floodplain areas, wetlands and floodways;
11.
The location and size of all existing and proposed buildings, structures,
utilities, storm sewers, culverts, sanitary sewers, septic systems
and any other improvements;
12.
The location of existing and proposed contour elevations of any proposed
fill or cut to be completed on the property shown to a maximum of
a two-foot interval;
13.
The elevation of the lowest floor (including the basement) of the
existing and proposed structure located in an identified floodplain;
14.
The location and elevation of any proposed accessory structures located
in an identified floodplain;
15.
A minimum of two cross sections in the area of the proposed fill
or cut to be completed on the site within the floodplain area, showing
the proposed location of the base flood elevation, must be shown;
16.
The erosion and sedimentation control devices to be used for any
proposed construction;
17.
The location of the floodplain boundary line and floodway limits
for the base flood elevation as shown on the current FIRM;
18.
The elevation for the base flood and the lowest floor of the existing
and proposed building or structure based on the North American Vertical
Datum (NAVD) of 1988;
19.
The seal and signature of the surveyor or professional engineer who
prepared the plan;
20.
Storage elevations; and
21.
Soil types.
72.12.2.
If any proposed construction is located entirely or partially
within any identified floodplain area, the applicant(s) shall provide
all the necessary information in sufficient detail and clarity to
enable the administrator to determine that:
1.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this ordinance and all
other applicable ordinances.
2.
Storage elevations.
3.
All utilities and facilities, such as gas, sewer, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
4.
Adequate drainage is provided so as to reduce exposure to flood hazards.
5.
Structures will be anchored to prevent floatation, collapse, or lateral
movement.
6.
Building materials are flood-resistant.
7.
Appropriate practices that minimize flood damage have been used.
8.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
9.
Detailed information concerning any proposed floodproofing measures
and corresponding elevation is provided.
10.
Documentation, certified by a professional engineer or surveyor,
is provided to show that the cumulative effect of any proposed development
or construction within an identified floodplain area, when combined
with all other existing and anticipated development, will not increase
the base flood elevation at any point within the Municipality.
11.
Documentation, certified by a professional engineer or architect,
is provided which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
This 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.
72.13.1.
A copy of all plans for proposed construction or development
located within an identified floodplain area shall be submitted by
the applicant to the Allegheny County Conservation District for review
and approval of the erosion and sedimentation control plan. A copy
of the approval letter from the Allegheny County Conservation District
shall be submitted to the floodplain administrator prior the issuance
of any required permit.
72.13.2.
A copy of the plans for proposed construction or development
located in a floodway shall be submitted by the applicant to the Pennsylvania
Department of Environmental Protection for review and approval. A
copy of a permit waiver letter or the encroachment permit approval
received from the Pennsylvania Department of Environmental Protection
shall be submitted to the floodplain administrator prior the issuance
of any required permit.
72.14.1.
The applicant shall submit an elevation certificate prepared,
signed and sealed by a professional engineer or surveyor certifying
to the final elevation of the lowest floor of the proposed structure
after it was constructed.
72.14.2.
The applicant shall submit an as-built survey, signed and sealed
by a professional surveyor, showing the location of the floodplain
and/or floodway and the location of all structures and buildings with
the elevation of the lowest floor of the new construction shown on
the plan.
72.14.3.
If the construction for nonresidential structures is located
within a floodplain, the applicant shall submit a floodproofing certificate
prepared, signed and sealed by a professional engineer or architect.
72.15.1.
After the issuance of all required municipal permit(s), no changes
of any kind shall be made to the approved plans or other documents
submitted without the written consent or approval of the municipal
representative(s) who issued the permit(s). Requests for any such
change shall be in writing and shall be submitted by the applicant
to the appropriate municipal representative(s) that issued the permit(s).
72.16.1.
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 approved permit documentation 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.
72.16.2.
In the event the floodplain administrator or other authorized
official discovers that the work does not comply with the approved
permit documents or any applicable laws and ordinances, or that there
has been a false statement or misrepresentation by any applicant,
the floodplain administrator or other authorized official shall revoke
or suspend the approved permit(s).
72.16.3.
The floodplain administrator shall maintain in perpetuity all
records associated with the requirements of this ordinance, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
72.16.4.
In the discharge of his duties, the floodplain administrator
or other authorized official 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 ordinance.
72.16.5.
The floodplain administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
72.17.1.
No person shall construct, enlarge, alter, or repair any structure
or maintain or perform grading operations, excavation or fill, or
cause the same to be done, within an identified floodplain or floodway,
contrary to or in violation of any provision of this ordinance.
72.17.2.
When notice of any violation of, or noncompliance with, the
provisions of this ordinance has been given by the floodplain administrator
or the Code Enforcement Officer to any person, such violation shall
be discontinued immediately or within a reasonable time limit specified
in such notice. If such violation is not discontinued or extends beyond
the specified time limit, the Code Enforcement Officer or floodplain
administrator shall revoke the permit approved for the construction,
and the violator shall be subject to the applicable penalty.
72.17.3.
If a violation causes no immediate danger to life, public health,
or property, in its sole discretion, the Municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the Municipality will provide the owner with a written notice
of the violation and the time period allowed for the owner to correct
the violation. If the owner does not correct the violation within
the allowed time period, the Municipality may revoke or suspend any,
or all, applicable approvals or permits pertaining to any provision
of this ordinance.
72.17.4.
Any person violating any of the provisions of this ordinance
shall be liable, on conviction thereof, to a penalty not exceeding
$200. Whenever such person shall have been notified by the Code Enforcement
Officer or the floodplain administrator, by service of summons in
a prosecution, or in any other way, that he is committing such violation
of this ordinance, each day that he shall continue such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected. The imposition
of a fine or penalty for any violation of, or noncompliance with,
this ordinance 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.
72.18.1.
In case any work is performed by any person in violation of
any of the provisions of this ordinance, the proper officer of the
Municipality of Bethel Park, in addition to other remedies, may institute
in the name of the Municipality an appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
72.19.1.
Any person aggrieved by any decision of the Municipality relevant
to the provisions of this ordinance may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the Municipality's decision.
