Borough of Matamoras, PA Article III Administration

§ 63-7 Permits required.

A. Floodplain development permits shall be required before any construction or development is undertaken in any identified floodplain area. Such permits shall be issued only after it has been determined the proposed work will conform to the requirements of this and all other applicable codes and ordinances. No permit shall be issued until it has been determined that all other necessary governmental permits have been obtained, including those required by the Dam Safety and Encroachments Act; the U.S. Clean Water Act (Section 404); and the Pennsylvania Clean Streams Law.[1] Application for a permit under the Pennsylvania Sewage Facilities Act[2] shall be made concurrently with application for a floodplain development permit, and no permits shall be issued until the base flood elevation (see § 63-18) shall have first been determined.

[1] Editor's Note: See 35 P.S. § 691.1 et seq.

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

B. 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, the Federal Insurance Administrator and the Pennsylvania Department of Community Affairs have been notified by Matamoras Borough.

§ 63-8 Administration; enforcement.

This chapter shall be administered by the Matamoras Borough Council which may, at any time, designate a representative(s) to act on its behalf in the enforcement of the provisions contained herein.

§ 63-9 Application procedures and requirements.

Application for a floodplain development permit shall be made to the Borough Council by letter or on forms supplied by the borough. Such application shall contain the following:

A. The name and address of the applicant.

B. The name and address of the owner of land on which the proposed construction is to occur.

C. The name and address of the contractor.

D. A plan of the entire site, drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following:

(1) North arrow, scale and date.

(2) A location map showing the vicinity in which the proposed activity or development is to be located within the municipality.

(3) Topography showing existing and proposed contours at intervals of two (2) feet.

(4) All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.

(5) The location of all existing streets, drives and other accessways with information concerning widths, pavement types and construction, and elevations.

(6) The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities and any other natural or man-made features affecting or affected by the proposed activity or development.

(7) The location of the identified floodplain area boundary line, floodway line as determined by the applicant, one-hundred-year-flood elevations and complete information concerning the flow of water, including direction and velocities, flood depths, pressures, impact and uplift forces and other factors associated with a one-hundred-year flood.

(8) Accurate location of all proposed buildings, structures and any other improvements, including any existing or proposed subdivision and land development, 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 and constructed to minimize or eliminate flood damage; and

(c) Adequate drainage is provided so as to reduce exposure to flood hazards.

E. Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

(1) Detailed architectural or engineering drawings including building size, floor plans, section and exterior building elevations, as appropriate.

(2) The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.

(3) Detailed information concerning any proposed floodproofing measures.

(4) Cross-section drawings for all proposed streets, drives and other accessways and parking areas showing all rights-of-way and pavement widths.

(5) Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.

(6) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

(7) Soil types.

F. The following data and documentation:

(1) 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 hydrodynamic and buoyancy factors associated with the one-hundred-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 and certify that the proposed activity will comply in all other respects with this chapter.

(2) A signed and notarized statement by the applicant(s) that the proposed development will comply with § 63-23 of this chapter and will not involve any of the activities prohibited thereunder.

(3) The appropriate component(s) of the Department of Environmental Resources' Planning Module for Land Development.

(4) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control.

§ 63-10 Review of application by other agencies and individuals.

Copies of all plans and applications for any proposed construction or development may be submitted by the borough to any other appropriate agencies and with individuals, including but not limited to the County and Borough Planning Commissions, County Conservation District, Department of Environmental Resources, for review and comment, provided that the application is acted upon within the ninety-day period provided by commonwealth statute.

§ 63-11 Approval of changes required.

After the issuance of a floodplain development permit by the Borough, 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 Borough Council or its designee. Requests for any such change shall be in writing and shall be submitted by the applicant to the Council for consideration.

§ 63-12 Start of construction.

Work on the proposed construction and/or development shall begin within six (6) months after the date of issuance of the permit unless a time extension is granted, in writing, by the borough. Construction and/or development shall be considered to have started with the preparation of land, the installation of sewer, gas and water pipes or electrical or other service lines from the street.

§ 63-13 Inspection and revocation.

A. During and following the construction period, an authorized official of the Borough Council shall inspect the premises to determine that the work is progressing and is completed in compliance with the information provided on the application and with all applicable Matamoras Borough laws and ordinances.

B. In the discharge of their duties, borough officials 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 that the inspecting 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, he shall revoke the permit and report such fact to the Borough Council for whatever action it considers necessary.

D. A record of all such inspections and violations of this chapter shall be maintained.

§ 63-14 Fees.

Application for floodplain development permits shall be accompanied by a fee, payable to Borough Council and according to a schedule of fees as shall be adopted and amended from time to time by resolution of the Matamoras Borough Council. Applicants shall also be required to reimburse the borough for all advertising and professional costs associated with inspections, hearings and application processing.

§ 63-15 Notices; violations and penalties.

A. Notices. Whenever the Borough Council or any authorized 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 Council or such representative 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 thirty (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 commonwealth.

(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

B. Violations and penalties.

(1) 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 Council or any other authorized representative of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to Matamoras Borough of not less than twenty-five dollars ($25.) nor more than one thousand dollars ($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 ten (10) days. Each day during which any violation of this chapter continues shall constitute a separate offense.

[Amended 9-6-1988 by Ord. No. 217]

(2) In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter and the imposition of a fine or penalty 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 Matamoras Borough Council to be a public nuisance and abatable as such.

§ 63-16 Appeals.

A. Any person aggrieved by an action or decision of a borough representative refusing to grant a modification to the provisions of this chapter covering the development of land or the manner of construction or materials to be used in a building or structure may appeal to the Borough Council. Such appeal must be filed, in writing, within thirty (30) days after the decision or action of the representative.

B. Upon receipt of such appeal, the Matamoras Borough Council shall set a time and place, within not less than ten (10) nor more than thirty (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.

C. Any person aggrieved by any decision of the Borough Council may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act.[1]

[1] Editor's Note: See 32 P.S. § 679.101 et seq.