[Ord. 213, 5/14/2012, § 3.01]
The Building Permit Officer within the Township is hereby appointed
to administer and enforce this chapter and is referred to herein as
the Floodplain Administrator.
[Ord. 213, 5/14/2012, § 3.02]
A permit shall be required before any construction or development
is undertaken within any area of the Township of Cambria.
[Ord. 213, 5/14/2012, § 3.03]
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); 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, § 404,
33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
3.
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 Township, and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection. In addition, the Federal
Insurance Administrator and Pennsylvania Department of Community Economic
Development shall be notified by the Township prior to any alteration
or relocation of any watercourse.
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 Board of Supervisors 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 and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
[Ord. 213, 5/14/2012, § 3.04]
1.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Cambria. Such application
shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location including address.
E.
Listing of other permits required.
F.
Brief description of 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 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.
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.
(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.
(6)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
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 elevation.
(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 § 8-302.2) 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 elevation.
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)
Detailed information needed to determine compliance with § 8-403F, "Storage," and § 8-404, "Development Which May Endanger Human Life," including:
(a)
The amount, location and purpose of any materials or substances
referred to in §§ 8-403F and 8-404 which are intended
to be used, produced, stored or otherwise maintained on site.
(6)
If 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 municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administration.
[Ord. 213, 5/14/2012, § 3.05]
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. 213, 5/14/2012, § 3.06]
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. 213, 5/14/2012, § 3.07]
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 Floodplain Administrator for
consideration.
[Ord. 213, 5/14/2012, § 3.08]
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. 213, 5/14/2012, § 3.09]
1.
Work on the proposed construction 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. 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.
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.
2.
Use of Streets. The use of streets for the storage of material in
the process of construction or alteration of a building may be granted
when the same will not unduly interfere with traffic and will not
reduce the usable width of the street to less than 18 feet: no portion
of a street other than that directly abutting on the premises on which
work is being done shall be used except with the consent of the owner
or occupant of the premises abutting on such portion. Any person seeking
to make such use of the street shall file an application with the
Secretary of the Township or a designated agent, to indemnify the
Township for any loss or damage which may be incurred by reason of
such use and occupation.
3.
Night Operations. No construction or alteration operations shall
be carried on at nighttime, if the same are accompanied by loud or
annoying noises between the hours of 11:00 p.m. to 6:00 a.m.
4.
Sidewalks. No sidewalks shall be obstructed in the course of building
operation without a special permit from the Secretary; and, whenever
a removal of a sidewalk is required, such work shall not be done until
a special permit is secured from the Secretary.
5.
Safeguards. It shall be the duty of a person or corporation doing
any construction, altering, or wrecking to do the same with proper
care for the safety of persons and property. Warning barricades and
lights shall be maintained whenever necessary for the protection of
pedestrians or traffic; and, temporary roofs over sidewalks shall
be constructed whenever there is danger from falling articles or materials
to pedestrians.
[Ord. 213, 5/14/2012, § 3.10]
1.
Notices. Whenever the Floodplain Administrator or other authorized
Township representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, or of any regulation adopted pursuant thereto, the Floodplain
Administrator 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 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 of direction of the Floodplain Administrator
or any other authorized employee of the Township shall be guilty of
a misdemeanor and upon conviction shall pay a fine to Township of
Cambria, of not less than $25 nor more than $1,000 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 and 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 Board of Supervisors to be a public
nuisance and abatable as such.
[Ord. 213, 5/14/2012, § 3.11]
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 Cambria Township Zoning Hearing Board.
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 Cambria Township Zoning Hearing Board
shall set a time and place, within not less than 10 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.
3.
Any person aggrieved by any decision of the Cambria Township Zoning
Hearing Board may seek relief there from by appeal to court, as provided
by the laws of this State including the Pennsylvania Flood Plain Management
Act.
[Ord. 213, 5/14/2012, § 3.12]
1.
A certificate of occupancy must be applied for and issued by the
Cambria Township Floodplain Administrator prior to the following occurrences:
A.
Occupancy or use of a building, structure or development constructed,
reconstructed, restored, structurally altered or moved with the exception
of a building or structure which will be utilized as a residence/family
residence.
B.
Occupancy or use where there has/will be a change of use when such changed use will be other than permitted use designated for such district in the Cambria Township Zoning Ordinance [Chapter 27] and/or any and all (including future) amendments thereto.
C.
Any change in the use of nonconforming uses.
D.
Any change of use allowed by a special exception or variance allowed/permitted
by appropriate governmental action.
2.
No certificate of occupancy shall be issued until such time as inspection has been made by the Cambria Township Building Permit Officer and/or other designated Township agent(s) to determine and it is determined that there has been compliance with all the provisions of this Part and other ordinances (including the Cambria Township Zoning Ordinance [Chapter 27] and Subdivision Ordinance [Chapter 22]) and/or codes/regulations and/or any duly enacted amendments/revisions thereto.
3.
An application for a certificate of occupancy on a form to be furnished
by the Township shall be made to Cambria Township accompanied by a
fee in an amount as established from time to time by resolution(s)
of the Cambria Township Supervisors.
