The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
Building permits shall be required before any construction or
development is undertaken within any area of the Borough.
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 this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building 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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
C.
In the case of existing structures, prior to the issuance of any
development/building 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 Housing and Zoning Committee 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.
A.
Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by the Borough.
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 with the requirements of this 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 flotation, collapse or lateral
movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(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 § 110-28) 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 a 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 for 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 1988;
(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 a 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 one-hundred-year flood
elevations, 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)
Detailed information needed to determine compliance with § 110-22F, Storage, and § 110-23, Development which may endanger human life, including:
[1]
The amount, location and purpose of any dangerous materials
or substances which are intended to be used, produced, stored or otherwise
maintained on site.
(c)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(d)
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.
Applications for a building permit shall be accompanied by a
fee, payable to the municipality, based upon the estimated cost of
the proposed construction as determined by the Floodplain Administrator,
as provided by resolution of Clarion Borough Council.
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,
Municipal Engineer, etc.) for review and comment.
After the issuance of a 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 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 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 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the 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 prior to the date of expiration which sets forth
sufficient and reasonable cause for the Floodplain Administrator to
approve such a request.
A.
Notices. Whenever the Floodplain Administrator 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 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 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 via United States Postal Service First Class Mail
or 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.
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 or direction of the Floodplain Administrator
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 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 development initiated or any structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this chapter may be declared by the Council 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 Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision or action of
the Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing 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
as provided in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
