Building permits shall be required before any construction or
development is undertaken within any area of the Borough.
A.
The Code Enforcement Officer 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 building permit, the Code Enforcement
Officer 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); the Pennsylvania
Dam Safety and Encroachments Act (Act 1978-325, 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.
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 the Borough and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. No encroachment, alteration or improvement of any kind
shall be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[Amended 11-1-2010 by Ord. No. 7-2010]
D.
Floodplain Administrator.
[Added 11-1-2010 by Ord.
No. 7-2010]
(1)
The Code Enforcement Officer of the Borough of Vandergrift is hereby
appointed to administer and enforce this chapter and is referred to
herein as the "Floodplain Administrator."
(2)
Duties and responsibilities of the Floodplain Administrator:
(a)
The Floodplain Administrator 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 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, such as 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 permit
and report such fact to the 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 and the 2006 IBC and the 2006 IRC, or latest revision
thereof.
E.
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified by the Borough prior to any alteration
or relocation of any watercourse.
A.
Application for such a building permit shall be made, in writing,
to the Code Enforcement Officer on forms supplied by the Borough.
Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which the proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location.
(5)
List of other permits required.
(6)
Brief description of proposed work and estimated cost.
(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 Code Enforcement Officer 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 (e.g., any or all of the technical information contained in § 237-21) as may be required by the Code Enforcement Officer 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 buildings, structures and other improvements, drawn
at a suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929;
(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.
(4)
The following data and documentation:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(b)
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 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.
(c)
(d)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development; and
(e)
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.
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 Code Enforcement Officer to
the 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 Code Enforcement 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 Code Enforcement Officer 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 Code Enforcement
Officer, 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
Code Enforcement Officer. Requests for any such change shall be in
writing and shall be submitted by the applicant to the Code Enforcement
Officer for consideration.
In addition to the building permit, the Code Enforcement Officer
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 building permit, the date of its issuance, and be signed
by the Code Enforcement Officer.
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 Code Enforcement
Officer. 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 Code Enforcement Officer to approve such a request.
A.
During the construction period, the Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer shall revoke the building
permit and report such fact to the Council for whatever action is
considered necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Application fees for building permits for construction or development
in a flood-prone area shall be the same as fees for other building
permits issued by the Borough.
A.
Notices. Whenever the Code Enforcement Officer or other authorized
municipal representative determines that there has been a violation
of any provisions of this chapter, or of any regulations adopted pursuant
thereto, the Code Enforcement Officer 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 state;
(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 of direction of the Code Enforcement
Officer or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Borough of not less than $25 nor more than $300 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. 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 of the permit 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 Council
to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Code Enforcement
Officer concerning the administration of the provisions of this chapter
may appeal to the Council. Such appeal must be filed in writing within
30 days after the decision or action of the Code Enforcement Officer.
B.
Upon receipt of such appeal, the Council shall set a time and place,
within no less than 10 nor more than 30 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 Council may seek relief
therefrom by appeal to court, as provided by the laws of this commonwealth,
including the Pennsylvania Flood Plain Management Act.
