A.
Floodplain permits shall be required before any construction or development
is undertaken within any identified floodplain area of Potter Township.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
The building permit officer shall issue a floodplain 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 floodplain permit, the building permit
officer shall review the application for 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
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]; the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334.
No permit shall be issued until this determination has been made.
No permit shall be issued until all other necessary permits have been
obtained and no permit shall be issued that is contingent in any manner
upon approval of any other permit, agency or person.
[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.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all the adjacent municipalities which may
be affected by such action have been notified by Potter Township and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection, Bureau of Dams and Waterway
Management.
D.
In addition, the Federal Emergency Management Agency (FEMA) and Pennsylvania
Department of Community and Economic Development shall be notified
by Potter Township prior to any alteration or relocation of any watercourse.
[Amended 4-13-2009 by Ord. No. 1-2009]
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Application for the above floodplain permit shall be made, in writing,
to the building permit officer on forms supplied by the Township.
Such application shall contain the following:
(1)
Name and address of the applicant.
(2)
Name and address of the owner of the land on which the proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Exact site location.
(5)
Listing of other permits required and copies of the correctly issued
permits.
(6)
Brief description of proposed work and itemized estimated costs.
(7)
A plan of the site showing the exact size and location or 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 floodplain
permits shall provide all the necessary information in sufficient
detail and clarity to enable the building permit officer to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with 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 so as to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 96-26 ) as may be required by the building permit officer to make the above determination:
(1)
A completed floodplain 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 of all 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.
D.
Plans of all proposed buildings, structures and other improvements,
drawn at a suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed buildings based
upon the North American Vertical Datum of 1988.
[Amended 4-13-2009 by Ord. No. 1-2009]
(2)
The elevation of a one-hundred-year flood.
(3)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood.
(4)
Detailed information concerning any proposed floodproofing measures.
E.
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 one-hundred-year flood's
elevations, pressures, velocities, impact and uplift forces associated
with a one-hundred-year flood. Such statement shall include a description
of the type of floodproofing measures which have been incorporated
into the design of the structure and/or the development.
(2)
Detailed information needed to determine compliance with § 96-22F, Storage, and § 96-27, Development which may endanger human life, including:
(a)
The amount, location and purpose of any dangerous materials
or substances which are intended to be used, produced, stored or otherwise
maintained on the site.
(b)
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 96-23 during a one-hundred-year flood.
(c)
The appropriate component of the State 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.
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 building permit officer to
the County Conservation District for review and comment prior to the
issuance of a floodplain 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 floodplain 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,
Township Engineer, Township Solicitor, etc.) for review and comment.
After the issuance of a floodplain permit by the building permit
officer, no changes whatsoever 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 building
permit officer. Requests for any such change shall be in writing and
shall be submitted by the applicant to the building permit officer
for consideration.
In addition to the floodplain permit, the building permit officer
shall issue a placard which shall be prominently displayed on the
premises during the time construction is in progress. This placard
shall show the number of the floodplain permit, the date of is issuance
and be signed by the building permit officer.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the floodplain permit or the permit shall expire;
unless a time extension is granted, in writing, by the building permit
officer. Construction and/or development shall be considered to have
started with the preparation of land, 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 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 building permit officer to approve a request.
A.
During the period of construction, the building permit officer, 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 ordinances.
He shall make as many inspections during and upon completion of the
work as are necessary.
B.
In the discharge of his duties, the building permit officer shall
have the authority to enter any lands, building, structure, premises
or development in the identified flood-prone area, upon presentation
of the proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
C.
In the event that the building permit officer discovers that the work does not comply with the permit application or any applicable laws and/or ordinances or that there has been a false statement or misrepresentation by any applicant, the building permit officer shall be obliged to immediately give notice to the property owner as set forth in § 96-15A. Should the property owner fail to take the remedial action described in the notice within the time set forth therein, the building permit officer shall be obliged to immediately revoke the floodplain permit and report such fact to the Board of Supervisors for whatever action they shall consider necessary. In all such cases, all work in progress on the site shall cease immediately upon revocation of the floodplain permit, except such work as may be reasonably necessary to prevent loss or damage due to weather or other spoilage. Work shall not recommence until the floodplain permit has been reissued. The performance of any work on such site, except as above noted, after a floodplain permit has been revoked but before it is reissued shall be treated as a prima facie violation of this chapter.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a floodplain permit shall be accompanied by
a fee, payable to Potter Township, based upon the estimated cost of
the proposed construction as determined by the building permit officer
at a rate to be determined, from time to time, by the Potter Township
Board of Supervisors and adopted by them by resolution.
[Amended 9-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]
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
chapter, or of any regulation pursuant thereto, the building permit
officer 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, including the
alleged violations.
(3)
Allow a reasonable time, in no event to exceed 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 Pennsylvania.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
B.
Penalties.
(1)
Any person, firm or corporation who shall violate any provision of
this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
(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 other relief as necessary. The imposition of a
fine or other 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 or noncompliances within a reasonable time.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with,
or violation of, this chapter may be declared by the Board of Supervisors,
by resolution, to be a public nuisance and abatable as such.
A.
Any person aggrieved by an action or decision of the building permit
officer concerning the administration of the provisions of this chapter
may appeal to the Board of Supervisors of Potter Township. Such appeal
must be filed, in writing, with the Township Secretary within 30 calendar
days after the decision or action of the building permit officer.
B.
Upon receipt of such appeal, the Board of Supervisors shall set a
time and place, within not less than 10 days 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.
