A.
The Borough Manager is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator 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.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Emergency Management
Coordinator.
Building permits shall be required before any construction or development is undertaken within any area of the Floodplain Conservation District. In the case of a proposed hospital, nursing home, jail, prison or manufactured home park, the permit referred to here would be the special permit of § 248-37.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
F.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 International Building Code (IBC) and the 2009
International Residential Code (IRC) or latest revisions thereof.
A.
The Building Code Official 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 Building Code Official
shall review the application for permit to determine if all other
necessary governmental 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 Dam Safety and Encroachments Act (Act 1978-325, as
amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1334; and the Pennsylvania Clean Streams Act (Act 1937-394,
as amended).[3] 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 and Waterway
Management.
D.
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development 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 Building Code Official on forms supplied by the Borough. Such
application shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the land on which proposed construction
is to occur.
(3)
The name and address of the contractor.
(4)
Site location.
(5)
A listing of other permits required.
(6)
A 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 the 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 Building Code Official 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 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 the following minimum information plus any
other pertinent information as may be required by the Building Code
Official 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.
D.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988;
(2)
The elevation of the one-percent-annual-chance flood;
(3)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-percent-annual-chance
flood;
(4)
Detailed information concerning any proposed floodproofing measures;
and
(5)
Supplemental information as may be necessary under 34 Pa. Code, the
2009 IBC or the 2009 IRC.
E.
The following data and documentation:
(1)
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-percent-annual-chance 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 development.
(2)
Detailed information needed to determine compliance with § 248-33F, Storage, and § 248-34, Development that may endanger human life, including:
(3)
The appropriate component of the Department of Environmental Protection's
Planning Module for Land Development.
(4)
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)
Documentation, certified by a registered professional engineer or
architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway, when combined with all
other existing and anticipated development, will not increase the
base flood elevation more than one foot at any point.
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 Code Official 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 Building Code Official 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 Building Code Official to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Borough Engineer, etc.) for review and comment.
After the issuance of a building permit by the Building Code
Official, 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 Code Official. Requests for any such change shall be in writing.
The building permit, issued by the Building Code Official's
Officer, shall be displayed on the premises during the time construction
is in progress and be visible from the street. This placard shall
show the number of the building permit, the date of its issuance,
and be signed by the Building Code Official.
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 Building Code
Official. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation for 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. Time extensions shall be granted
only if a written request is submitted by the applicant which sets
forth sufficient and reasonable cause for the Building Code Official
to approve such a request.
A.
During the construction period, the Building Code Official 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 Borough laws and ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
B.
In the discharge of his duties, the Building Code Official 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 Building Code Official 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 Code Official shall revoke the building
permit and report such fact to the Council for whatever action it
considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a building permit shall be accompanied by a
fee, payable to the Borough based upon the estimated cost of the proposed
construction as determined by the Building Code Official at the rates
as established from time to time by the Borough Council by resolution.
A.
Notices. Whenever the Building Code Official or other authorized
Borough representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulation adopted pursuant thereto, the Building
Code Official 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 or direction of the Building Code
Official or any other authorized employee of the Borough shall be
guilty of an offense and, upon conviction, shall pay a fine to the
Borough of not less than $25 or more 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 30 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
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 Council to be a public nuisance
and abatable as such.
A.
Any person aggrieved by any action or decision of the Building Code
Official involving 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 Building Code Official.
B.
Upon receipt of such appeal, the Council shall set a time and place,
within not 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.
