Building permits shall be required before any
proposed construction or development is undertaken within any identified
flood-prone area of the Borough of Palmerton, Carbon County, Pennsylvania.
A.
The following obstructions and activities are prohibited
if located entirely or partially within any floodplain district:
[Added 2-14-1985 by Ord. No. 439[1]]
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
New mobile home parks and mobile home subdivisions,
and substantial improvements to existing mobile home parks.
[1]
Editor's Note: This ordinance was approved 2-15-1985.
B.
Development which may endanger human life.
[Added 2-14-1985 by Ord. No. 439[2]]
(1)
In accordance with the Pennsylvania Flood Plain Management
Act[3] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply
(more than 550 gallons or other comparable volume or any amount of
radioactive substances) of any of the following dangerous materials
or substances on the premises shall be subject to the provisions of
this section, in addition to all other applicable provisions:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides
and rodenticides).
(r)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any FW (floodway), any structure of the kind described in Subsection B(1), above, shall be prohibited.
(3)
Where permitted within an FF (floodway fringe) or F3 (approximated floodplain), any structure of the kind described in Subsection B(1), above, shall be:
(4)
Any such structure, or part thereof, that will be
built below the regulatory flood elevation shall be designed and constructed
in accordance with the standards for completely dry floodproofing
contained in the publication Floodproofing Regulations, United States
Army Corps of Engineers, June 1972, or with some other equivalent
watertight standard.
[2]
Editor's Note: This ordinance was approved 2-15-1985.
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
Part 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 Palmerton, Carbon County, Pennsylvania. Such application
shall contain at least the following:
(1)
Name and address of applicant.
(2)
Name and address of 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 NGVD datum of 1929.
(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.
Proposed construction.
[Amended 4-14-1993 by Ord. No. 516]
(1)
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 Building Permit Officer
to determine that:
(a)
All such proposals are consistent with the need
to minimize flood damage and conform to 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; and
(c)
Adequate drainage is provided as to reduce exposure
to flood hazards.
(2)
Applicants shall file the following minimum information
plus any other pertinent information as may be required by the Building
Permit Officer to make the above determination:
(a)
A completed building 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]
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings,
structures and other improvements, including the location of any existing
or proposed subdivision and land development.
[5]
The location of all existing streets, drives
and other accessways.
(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 National Geodetic Vertical Datum of 1929.
[2]
The elevation of the 100-year flood.
[3]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a 100-year flood.
[4]
Detailed information concerning any proposed
floodproofing measures.
(d)
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 100-year-flood
elevation, pressures, velocities, impact and uplift forces associated
with the 100-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.
[2]
[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.
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.
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 and the date of its issuance
and shall 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
on the site, 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
installment 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 Palmerton laws and ordinances. In the event that 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 Palmerton for whatever action it considers
necessary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Applications for a building permit shall be
accompanied by a fee, payable to the Borough of Palmerton, in accordance
with the established fee schedule as adopted by resolution of the
Borough Council from time to time.
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 Part 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 Part 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 Part 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 Palmerton, provided that such person shall file with
the Borough of Palmerton Manager 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 Palmerton Manager shall
set a time and a 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 Palmerton Manager 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 Palmerton shall make findings as to compliance with the provisions of this Part 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 hearing,
including the findings and decision of the Council of the Borough
of Palmerton, together with a copy of every notice and order related
thereto, shall be entered as a matter of public record in the Borough
of Palmerton, 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 Palmerton
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 or provisions of this Part 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 be punishable as provided in Chapter 1, General Provisions, Article II, of the Code of the Borough of Palmerton. Each day during which any violation of this Part 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 Part. The imposition of a fine or penalty for any violation of or noncompliance with this Part 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 Part may be declared by the Council of the Borough of Palmerton to be a public nuisance and shall be abatable as such.
[Amended 2-19-1980 by Ord. No. 404]
A.
Any person aggrieved by an action or decision of the
Building Permit Officer or by any of the requirements of this Part
may appeal to the Council of the Borough of Palmerton. 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 Palmerton 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 Palmerton may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of this commonwealth.
