Building permits shall be required before any construction or
development is undertaken within any area of the Township.
The Building Permit Officer within Allegheny Township is hereby
appointed to administer and enforce this chapter and is referred to
in this chapter as the "Floodplain Administrator." All references
herein to the "Building Permit Officer" are amended to "Floodplain
Administrator."
A.
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.
B.
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 Pennslyvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (1937-394, as amended);[3] and the U.S. Clean Water Act, § 404, 33 U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
C.
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.
D.
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.
E.
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.
F.
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 Allegheny Township Board of Supervisors
for whatever action it considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
A.
Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by the Township.
Such application shall contain 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)
Listing of other permits required.
(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 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 Floodplain Administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this chapter and all other
applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent floatation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Applicants shall file the following minimum information, plus any other pertinent information (e.g., any or all of the technical information contained in § 122-32) as may be required by the Floodplain Administrator to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at the scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
and
(f)
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.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with the one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(4)
The following data and documentation:
(a)
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 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.
(b)
(c)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(d)
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
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 comments prior to
the issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Floodplain Administrator for possible
incorporation into the proposed plan.
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,
Township Engineer, etc.) for review and comment.
After the issuance of a building 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.
In addition to the building 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 building permit, the date of its issuance and be signed
by the Floodplain Administrator.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 18 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 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.
B.
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.
A.
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 Township laws and ordinances.
He/she shall make inspections during and upon completion of the work
as are necessary.
B.
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 a reasonable hour to enforce the provisions
of this chapter.
C.
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 building
permit and report such fact to the Allegheny Township Board of Supervisors
for whatever action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
A.
Applications for a building permit shall be accompanied by a fee,
payable to Allegheny Township, based upon the estimated cost of the
proposed construction as determined by the Floodplain Administrator.
Fees shall be based on the same schedule as regular permit fees. The
building permit fee is nonrefundable.
B.
In addition to the building permit fee, an application must be accompanied
by a deposit of $500, payable to the Township of Allegheny, said deposit
to be used to defer and pay reasonable costs, expenses and fees, including,
but not limited to, consulting and/or professional fees incurred by
the Township of Allegheny. If the costs and fees in the opinion of
the Floodplain Administrator are expected to exceed $500, the applicant
shall deposit an additional sum, the amount of said sum to be established
by the Board of Supervisors.
C.
Following a determination upon the application, regardless of the
result thereof, an itemized invoice showing the precise amount of
the deposit spent by the Township for costs, fees and expenses shall
be provided to the applicant. In the event that the amount of the
invoice is greater than the required deposit, the amount of the difference
shall be returned to the applicant. In the event the invoice exceeds
the amount of the deposit, the applicant will be responsible for the
additional charges.
A.
Notices. Whenever the Floodplain Administrator or other authorized
Township representative determines 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 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 30 days, for the
performance of any act it requires;
(4)
Be served upon the property owner or his/her 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.
B.
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, upon conviction
in a summary proceeding brought before a District Justice under the
Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense
and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 90 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense, and each section of
this chapter that is violated shall also 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 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.
A.
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 Board of Supervisors. Such appeal must be
filed, in writing, 30 days after the decision or action of the Floodplain
Administrator.
B.
Upon receipt of such appeal, the Board shall set a time and place,
within not less than 10 nor 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.
