The Building Codes Official within the Borough is hereby appointed
to administer and enforce this chapter and is referred to herein as
the "Floodplain Administrator."
A permit shall be required before any construction or development
is undertaken, including the placement of manufactured homes, within
any area of the Borough of Paxtang.
A.
The Floodplain Administrator 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 and all other applicable
codes and ordinances.
B.
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, including, but not limited to, 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); 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.
C.
In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
history of repairs to the subject building so that any repetitive
loss issues can be addressed before the permit is issued.
D.
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. He/she shall make as many inspections during and upon
completion of the work as are necessary.
E.
In the discharge of his/her 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.
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 building
permit and report such fact to Borough Council for whatever action
it considers necessary.
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 Chapters 401 to 405 and the 2009 IBC and the 2009 IRC, or
latest revisions thereof.
A.
Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by the Borough of
Paxtang. 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 flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(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 building
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, including manufactured homes, 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.
(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 any pertinent information as may be required
by the Floodplain Administrator to make the above determination, which
may include the following:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale agreed
to by the Floodplain Administrator, 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:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with a base flood elevation.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (see § 220-18B), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(d)
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 base flood elevation.
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.
(e)
Detailed information needed to determine compliance with § 220-24F, Storage, and § 220-22G(1), Development which may endanger human life, including:
(f)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(g)
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.
(5)
Applications for building permits shall be accompanied by a fee,
payable to the municipality, based upon the estimated cost of the
proposed construction as determined by the Floodplain Administrator.
A copy of all applications and plans for any proposed construction
or development with disturbances greater than 1,000 square feet in
any identified floodplain area to be considered for approval shall
be submitted by the building permit officer to the Dauphin County
Conservation District for review and comment prior to the issuance
of a building permit. The recommendations of the Conservation District
shall be considered by the building permit officer for possible incorporation
into the proposed plan.
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., planning commission,
municipal engineer, etc.) for review and comment.
After the issuance of a building 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.
As part of the building 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 or development shall begin within
180 days after the date of issuance 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 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.
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.
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:
(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 or refuses
to comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a summary offense and, upon conviction, shall pay a fine of not
less than $25 nor more than $600, plus costs of prosecution. 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 noncompliance 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.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Borough Council. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
B.
Upon receipt of such appeal, the Borough Council shall set a time
and place, within not less than 10 nor more than 45 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.