Building permits shall be required before any proposed construction or development is undertaken within any identified flood-prone area of the Borough of Jim Thorpe, Carbon County, Pennsylvania.
A. 
The Building Permit 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. 
No building permit shall be issued until all other required permits have been obtained from any other office or agency.
A. 
Application for such a building permit shall be made, in writing, to the Building Permit Officer, on forms supplied by the Borough of Jim Thorpe, Carbon County, Pennsylvania. Such application shall contain at least the following:
(1) 
Name and address of applicant.
(2) 
Name and address or owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location.
(5) 
Proposed lowest floor and basement elevations in relation to mean sea level.
(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 within or adjacent to any identified flood-prone area, applicants for building permits shall also provide the following specific information:
(1) 
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:
(a) 
All such proposals are consistent with the need to minimize flood damage;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2) 
Such plan shall also include existing and proposed contours; information concerning flood elevation, velocities, and other applicable information such as pressures, impact and uplift forces, associated with the one-hundred-year flood; size of structures, location and elevations of streets; water supply and sanitary sewage facilities; soil types; and floodproofing measures.
(3) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year flood; elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one-hundred-year flood.
C. 
Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
A copy of all applications and plans for any proposed construction or development in any identified flood-prone area to be considered for approval shall be submitted by the Building Permit 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 Building Permit Officer for possible incorporation into the proposed plan.
A copy of all plans and applications for any proposed construction or development in any identified flood-prone area to be considered for approval may be submitted by the Building Permit Officer to any other appropriate agencies and or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
Prior to the issuance of any building permit, the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913,[2] and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See now the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.
After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plan, specifications or other documents submitted with the application without the written consent or approval of the Building Permit Officer.
In addition to the building permit, the Building Permit 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 Building Permit Officer.
Work on the proposed construction shall begin within six 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 Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, 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.
During the construction period, the Building Permit Officer or other authorized official may 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 of Jim Thorpe laws and ordinances. In the event the Building Permit 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 Building Permit Officer shall revoke the building permit and report such fact to the Council of the Borough of Jim Thorpe for whatever action it considers necessary.
Applications for a building permit shall be accompanied by a fee, payable to the Borough of Jim Thorpe, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer at the following rates:
Estimated Cost
Fee
$0 to $5,000
$10
Each additional $1,000, or part thereof beyond the first $5,000
$1
A. 
Notices. Whenever the Building Permit Officer or other authorized municipal 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, such authority 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 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, or any part thereof, and with the regulations adopted pursuant thereto.
B. 
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Council of the Borough of Jim Thorpe, provided that such person shall file with the Borough of Jim Thorpe Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough of Jim Thorpe Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner, the Borough of Jim Thorpe Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
C. 
Findings and order. After such hearing, the Council of the Borough of Jim Thorpe shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice which shall be served as provided in Subsection A of this section.
D. 
Record and appeals. The proceedings at such a hearing, including the findings and decision of the Council of the Borough of Jim Thorpe, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough of Jim Thorpe, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Borough of Jim Thorpe may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
E. 
Penalties. Any person who fails to comply with any or all of the requirements of provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Building Permit 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 Jim Thorpe 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 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 structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by the Council of the Borough of Jim Thorpe to be a public nuisance and abatable as such.
A. 
Any person aggrieved by an action or decision of the Building Permit Officer, or by any of the requirements of this chapter, may appeal to the Council of the Borough of Jim Thorpe. Such appeal must be filed, in writing within 30 days after the decision or action of the Building Permit Officer. Upon receipt of such appeal, the Council of the Borough of Jim Thorpe shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard.
B. 
Any person aggrieved by any decision of the Council of the Borough of Jim Thorpe may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.