[Ord. No. 2011-238, 2/17/2011]
The Zoning and Code Officer of the Borough of New Stanton is
hereby appointed to administer, and is appointed as one of the persons
authorized to enforce, this chapter and is referred to herein as the
floodplain administrator. In addition, any police officer or the Building
Code Official of the Borough of New Stanton may enforce this chapter.
[Ord. No. 2011-238, 2/17/2011]
A permit shall be required before any construction or development
is undertaken within any area of the Borough of New Stanton.
[Ord. No. 2011-238, 2/17/2011]
1.
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.
2.
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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Law (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 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.
4.
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.
5.
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.
6.
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.
7.
The floodplain administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
8.
The floodplain administrator shall consider the requirements of the
34 Pa. Code Chapters 401 to 405 inclusive, as amended, and the 2009
IBC and the 2009 IRC or latest adopted revisions thereof.
[Ord. No. 2011-238, 2/17/2011]
1.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Borough of New Stanton. Such
application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
or development is to occur.
C.
Name and address of all persons or entities who will be involved
in the proposed construction or development.
D.
Site location, including address and tax parcel identification number.
E.
Listing of other permits required.
F.
Brief description of proposed work, construction and development,
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 or development 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 floodplain administrator to determine that:
A.
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;
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/or 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 floodplain administrator
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 access
ways; 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:
(1)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 to 405, inclusive, as amended, and the 2009 IBC or the
2009 IRC or latest adopted revisions thereof.
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(3)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (see § 8-402, Subsection 1B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(4)
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 flood proofing
measures which have been incorporated into the design of the structure
and/or the development.
(5)
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
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.
E.
Applications for permits shall be accompanied by a fee, payable to
the Borough based upon a fee schedule established by the Borough Council
by resolution.
[Ord. No. 2011-238, 2/17/2011]
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 floodplain administrator 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 floodplain administrator for possible incorporation
into the proposed plan.
[Ord. No. 2011-238, 2/17/2011]
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 floodplain administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Municipal Engineer, etc.) for review and comment.
[Ord. No. 2011-238, 2/17/2011]
After the issuance of a permit by the floodplain administrator,
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 floodplain
administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the floodplain administrator
for consideration.
[Ord. No. 2011-238, 2/17/2011]
In addition to the permit, the floodplain administrator 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, the date of its issuance and be signed by the floodplain
administrator.
[Ord. No. 2011-238, 2/17/2011]
1.
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall 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 floodplain administrator. 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.
2.
Time extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the floodplain administrator to approve such a request.
[Ord. No. 2011-238, 2/17/2011]
1.
Notices. Whenever the floodplain administrator, any other authorized
municipal representative or any police officer 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 floodplain administrator, municipal representative or
police officer 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 shall be deemed to have been properly
served upon such owner or agent when the notice has been served by
any other method authorized or required by the laws of this commonwealth;
E.
Contain an outline of remedial action 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 floodplain administrator
or any other authorized employee of the municipality shall be guilty
of summary offense and upon conviction shall pay a fine to the Borough
of New Stanton of not less than $25 nor more than $1,000, plus costs
of prosecution. In addition to the above penalties, all other rights
and 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 noncompliance. 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. Such declaration may be made by adopted motion
of the Council.
[Ord. No. 2011-238, 2/17/2011]
1.
Any person aggrieved by any action or decision of the floodplain
administrator 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, determination or action of the
floodplain administrator.
2.
Upon receipt of such appeal, the Council shall set a time and place,
within not less than 10 days or not 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.
