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.
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)
(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.
