Building permits shall be required before any construction or development is undertaken within any identified floodplain area of the Borough.
A. 
The BCO 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 zoning permit, the Borough Engineer 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 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.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Notification.
(1) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by such person or entity proposing such encroachment, alteration or improvement and until all required permits or approvals have been first obtained from the DEP Regional Office.
(2) 
In addition, FEMA and DCED shall be notified by such person or entity proposing such encroachment, alteration or relocation prior to any such action to any watercourse.
A. 
Application for such a building permit shall be made, in writing, to the BCO on forms supplied by the Borough. Such application shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of the 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 before the flood damage occurred.
(7) 
A plan of the site showing the exact size and location of the proposed construction, as well as any existing buildings or structures.
(8) 
Any other information required of an applicant for a building permit for construction outside of an identified floodplain area.
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 BCO 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; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the BCO 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 North American Vertical Datum of 1988;
(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; and
(d) 
Detailed information concerning any proposed floodproofing measures.
(e) 
Supplemental information as may be necessary under 34 Pa. Code Chapters 401 to 405, as amended; Sections 106.2 and 1612.5(1) of the 2006 IBC; and Sections R104.7 and R106.1.3 of the 2006 IRC.
(4) 
The following data and documentation:
(a) 
A document, certified by a Pennsylvania-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.
(b) 
Detailed information needed to determine compliance with § 213-27F, Storage, and § 213-28, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 213-27F and 213-28 which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
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 § 213-28 during a one-hundred-year flood.
(c) 
The appropriate component of the DEP's "Planning Module for Land Development."
(d) 
Where any excavation or grading is proposed, a plan meeting the requirements of the DEP, 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 BCO to any other appropriate agencies and/or individuals (e.g., Zoning Officer, Borough Planning Commission, Borough Engineer, etc.) for review and comment. Failure of such agencies and/or individuals to respond/comment within 30 days shall be deemed to be a favorable recommendation from such agencies and/or individuals to which the application was submitted, and the BCO shall act on the application.
After the issuance of a building permit by the BCO, 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 BCO. Requests for any such change shall be in writing and shall be submitted by the applicant to BCO for consideration.
The BCO shall issue a building permit which shall be displayed on the premises during the time construction is in progress. This permit shall show, at a minimum, the number of the building permit, the date of its issuance and be signed by the BCO.
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 building permit or the permit shall expire unless a time extension is granted, in writing, by the BCO. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
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 BCO to approve such a request.
A. 
During the construction period, the BCO 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 his duties, the BCO 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 BCO 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 BCO shall revoke the building permit and report such fact to Borough Council.
D. 
A record of all such inspections and violations of this chapter shall be maintained in accordance with the Borough Document Retention Policy.
E. 
The requirements of the 34 Pa. Code Chapters 401 to 405 and the 2006 IBC [Sections 104.7, 109.3.3, and 1612.5(1)] and the 2006 IRC (Sections 104.7, R106.1.3, and R109.1.3) or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.
Applications for a building permit shall be accompanied by a fee, payable to the Borough, which fee or fees shall be adopted by the Borough by resolution from time to time.
A. 
Notices. Whenever the BCO 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 BCO 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.
(1) 
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 BCO or any other authorized employee of the municipality shall be subject to a civil proceeding before a Magisterial District Judge and, upon the finding of a violation by the Magisterial District Judge , shall pay a fine to the Borough of not less than $1,000 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.
(2) 
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 Borough Council to be a public nuisance and abatable as such.
A. 
Any person aggrieved by any action or decision of the BCO concerning the issuance or denial of a building permit may appeal such decision to the UCC Board of Appeals as provided by Township. Any person aggrieved by any action or decision of the BCO concerning the administration of the provisions of this chapter, exclusive of matters pertaining to the issuance or denial of a building permit, may appeal to the Borough Council. Any such appeal shall be filed with the Township, in writing, within 30 days after the decision, determination or action of the BCO.
B. 
Upon receipt of such appeal, the Borough Council or the Board of Appeals, as the case may be, shall set a time and place, within not more than 60 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.
C. 
Any person aggrieved by any decision of the Borough Council may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq.