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."
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.
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) 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 United States Clean Water Act, Section 404, 33 U.S.C. § 1344.
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:
The scale of the plan shall not be less than 100 feet equals one inch;
The maximum size of the plan sheets shall be 24 inches by 36 inches;
North arrow, scale and date;
Site location map;
Name and address of the property owner;
Topography based upon North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
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;
All property lines, including dimensions and area in acres and square feet;
The location of all existing streets, drives, other accessways, and parking areas;
The location of any existing bodies of water, detention systems, watercourses, streams, rivers, floodplain areas, wetlands and floodways;
The location and size of all existing and proposed buildings, structures, utilities, storm sewers, culverts, sanitary sewers, septic systems and any other improvements;
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;
The elevation of the lowest floor (including the basement) of the existing and proposed structure located in an identified floodplain;
The location and elevation of any proposed accessory structures located in an identified floodplain;
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;
The erosion and sedimentation control devices to be used for any proposed construction;
The location of the floodplain boundary line and floodway limits for the base flood elevation as shown on the current FIRM;
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;
The seal and signature of the surveyor or professional engineer who prepared the plan;
Storage elevations; and
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:
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.
All utilities and facilities, such as gas, sewer, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
Adequate drainage is provided so as to reduce exposure to flood hazards.
Structures will be anchored to prevent floatation, collapse, or lateral movement.
Building materials are flood-resistant.
Appropriate practices that minimize flood damage have been used.
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
Detailed information concerning any proposed floodproofing measures and corresponding elevation is provided.
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.
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.
Detailed information needed to determine compliance with Section 72.25.8, Storage, and Section 72.26, Development which may endanger human life, is provided, including:
The amount, location and purpose of any materials or substances referred to in Sections 72.25 and 72.26 which are intended to be used, produced, stored or otherwise maintained on site.
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 72.26 during a base flood.
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.
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.
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.
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.
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.
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).
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.
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).
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.
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.
The floodplain administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
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.
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.
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.
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.
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.
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.