The Code Enforcement Officer is hereby appointed to administer
and enforce this chapter and is referred to herein as the Floodplain
Administrator.
Permits for building or alterations or developments under this chapter and under all provisions of Chapter 166, Zoning, or other ordinances shall be required before any construction or development is undertaken within any area of Latrobe that is in the flood-prone area.
A.
The Floodplain Administrator 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 the chapter 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 Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
A.
Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by Latrobe. Such
application shall contain at least the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of that land on which the proposed
construction is to occur.
(3)
The name and address of the contractor.
(4)
The site location.
(5)
A listing of other permits required.
(6)
The proposed lowest floor and basement elevation in relation to mean
sea level based upon North American Vertical Datum of 1988.
(7)
A brief description of the proposed work and estimated cost.
(8)
A plan of the site showing the exact size and location of the proposed
construction, as well as any existing buildings or structures.
B.
Required information.
(1)
Applications for the proposed construction or development located
within or partially within any identified flood-prone area additionally
shall provide the following specific information.
(a)
A plan which accurately delineates the identified flood-prone
area, the location of the proposed construction, the location of any
adjacent flood-prone development or structures and the location of
any existing or proposed subdivision and land development in order
to assure that:
[1]
All such proposals are consistent with the need to minimize
flood damage.
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage; and
[3]
Adequate drainage is provided so 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 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 accessways;
and
[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.
(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 North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under 34 Pa. Code,
the 2006 International Building Code or the 2006 International Residential
Code.
(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; and
[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 an FF (Flood-Fringe Area) 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 process associated with the base flood elevation.
[5]
Such statement shall include a description of the type and extent
of floodproofing measures that have been incorporated into the design
of the structure and/or the development.
[6]
[7]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[8]
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.
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.
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 Floodplain
Administrator. Start of construction [for other than new construction
or substantial improvements under the Coastal Barrier Resources Act
(P.L. 97-348)] includes substantial improvement and means the date
the building permit was issued, provided that the actual start of
construction, repair, reconstruction, replacement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring 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 part of
the main structure.
During the construction period, the Floodplain Administrator
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 Latrobe laws and ordinances. In the event
that the Floodplain Administrator discovers that the work does not
comply with the permit application or any applicable law or ordinance
or that there has been a false statement or misrepresentation by an
applicant, the Floodplain Administrator shall revoke the building
permit and cite the applicant for violation under the penalty section
of this chapter or any other applicable ordinance. The Floodplain
Administrator shall maintain all records associated with the requirements
of this chapter, including, but not limited to, permitting, inspection
and enforcement.
The application shall be accompanied by a fee in cash or payable to Latrobe in such amount and in accordance with the schedule as provided in Chapter 108, Building Construction, now in effect in Latrobe or any amendments thereto or regulation issued thereunder.
A.
Notices. Whenever the Floodplain Administrator determines that there has been a violation of any provisions of this chapter or of any ordinance, he shall give notice of such violation, setting forth in such notice the required information and following the procedures as set forth in Chapter 98, Administration and Enforcement, under the code enforcement section for violation and notices to be given as a result thereof.
B.
In addition to its duties and function under Chapter 166, Zoning, the Zoning Hearing Board shall hear all appeals under this chapter. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter may request and shall be granted hearing on the matter before the Zoning Hearing Board, provided that such person shall file with the Floodplain Administrator a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 20 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 Floodplain Administrator shall transmit it to the Zoning Hearing Board. It, in turn, shall set a time and place for the hearing.
C.
Findings and order. After such hearing, the Zoning Hearing Board
shall make findings as to compliance with the provisions of this chapter
and all other applicable ordinances of Latrobe and shall issue an
order, in writing, sustaining, modifying or withdrawing the notice.
Such findings shall be served upon the parties filing the petition
in the same manner as the original notice of violation by the Floodplain
Administrator.
D.
Record and appeals. The proceedings at such hearing, including the findings and decision of the Zoning Hearing Board, and together with a copy of every notice and order related thereto, shall be kept in accordance with the rules and regulations of Chapter 166, Zoning. Appeals from any finding of the Zoning Hearing Board shall be to the Court of Common Pleas of Westmoreland County, Pennsylvania, and shall be taken by an aggrieved party on or before 30 days from the date notice of the decision of the Zoning Hearing Board is given to the petitioner.
E.
Any person who fails to comply with any of the requirements or provisions
of this chapter or who fails or refuses to comply with any notice,
order or direction of the Floodplain Administrator shall be guilty
of an offense and, upon conviction before any District Justice, shall
pay a fine to Latrobe of not more than $600 plus costs of prosecution.
In default of such payment, such person shall be imprisoned in county
prison for a period not to exceed 30 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 Latrobe to be a public nuisance
and abatable as such.
A.
Any person aggrieved by an action or decision of the Floodplain Administrator may appeal to the Zoning Hearing Board. Such appeal must be filed in writing within 20 days after the decision of the Floodplain Administrator. Upon receipt of the appeal, the Zoning Hearing Board shall set a time and place for the hearing in the same manner as other hearings are set under the requirements of Chapter 166. Notice of the time and place of the hearing shall be given to the party filing the appeal at which such party may appear and be heard.
B.
Any person aggrieved by any decision of the Zoning Hearing Board
may appeal to the Court of Common Pleas of Westmoreland County, Pennsylvania,
and shall file such appeal on or before 30 days after the date of
the decisions of the Zoning Hearing Board.
