[Ord. 843, 9/8/2014]
1.
The Building Inspector is hereby appointed to administer and enforce
this chapter and is referred to herein as the "floodplain administrator"
or "Building Inspector." The Building Inspector may:
A.
Fulfill the duties and responsibilities set forth in these regulations;
B.
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
C.
Enter into a written agreement or written contract with another agency
or private-sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
2.
In the absence of a designated floodplain administrator, the floodplain
administrator duties are to be fulfilled by the Borough Manager.
[Ord. 843, 9/8/2014]
A permit shall be required before any construction or development
is undertaken within any area of the Borough of Jefferson Hills.
[Ord. 843, 9/8/2014]
1.
The Building Inspector shall issue a permit only after it has been
determined that the proposed work to be undertaken will be in conformance
with the requirements of this chapter and all other applicable codes
and ordinances.
2.
Prior to the issuance of any permit, the Building Inspector 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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
3.
In the case of existing structures, prior to the issuance of any
development/permit, the Building Inspector shall review the history
of repairs to the subject building, so that any repetitive loss concerns
can be addressed before the permit is issued.
4.
During the construction period, the Building Inspector 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.
5.
In the discharge of his/her duties, the Building Inspector 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.
6.
In the event the Building Inspector 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 Building Inspector shall revoke the permit and
report such fact to the Council for whatever action it considers necessary.
7.
The Building Inspector shall maintain in perpetuity all records associated
with the requirements of this chapter, including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
8.
The Building Inspector is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
9.
The responsibility, authority and means to implement the commitments
of the Building Inspector can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this chapter as the floodplain administrator/manager.
10.
The Building Inspector shall consider the requirements of 34 Pa.
Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
[Ord. 843, 9/8/2014]
1.
Application for such a permit shall be made, in writing, to the Building
Inspector on forms supplied by the Borough of Jefferson Hills. Such
application shall contain the following:
A.
The name and address of the applicant.
B.
The name and address of the owner of land on which proposed construction
is to occur.
C.
The name and address of the contractor.
D.
The site location, including address.
E.
A listing of other permits required.
F.
A brief description of the 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.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Building Inspector to determine that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this chapter and all other
applicable codes and ordinances;
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage;
C.
Adequate drainage is provided so as to reduce exposure to flood hazards;
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
and
G.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
3.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Building Inspector
to make the above determination:
A.
A completed permit application form.
B.
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:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)
The location of all existing streets, drives, and other accessways;
and
(5)
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.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
D.
The following data and documentation:
(1)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(2)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 8-401), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
(3)
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. 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.
(4)
(5)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(6)
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.
4.
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the Building Inspector.
[Ord. 843, 9/8/2014]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Building Inspector to the County
Conservation District for review and comment prior to the issuance
of a permit. The recommendations of the Conservation District shall
be considered by the Building Inspector for possible incorporation
into the proposed plan.
[Ord. 843, 9/8/2014]
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 Building Inspector to any other
appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
[Ord. 843, 9/8/2014]
After the issuance of a permit by the Building Inspector, 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 Building
Inspector. Requests for any such change shall be in writing and shall
be submitted by the applicant to the Building Inspector for consideration.
[Ord. 843, 9/8/2014]
In addition to the permit, the Building Inspector 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 and the date of its issuance and be signed by the Building
Inspector.
[Ord. 843, 9/8/2014]
1.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also 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 Building Inspector. The issuance of
a development permit does not refer to the zoning approval.
2.
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.
3.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Building Inspector to approve such a request and the original
permit is compliant with this chapter and the FIRM/FIS in effect at
the time the extension is granted.
[Ord. 843, 9/8/2014]
1.
Notices. Whenever the Building Inspector 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 Building Inspector
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
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 state;
E.
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
2.
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 Building Inspector
or any other authorized employee of the municipality shall be guilty
of a summary offense and, upon conviction, shall pay a fine to the
Borough of Jefferson Hills, 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.
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 the Council to be a public nuisance and abatable as such.
[Ord. 843, 9/8/2014]
1.
Any person aggrieved by any action or decision of the Building Inspector
concerning the administration of the provisions of this chapter may
appeal to the Zoning Hearing Board. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Building Inspector.