The Zoning Officer of the City and the Office of Code Enforcement
is hereby appointed to administer and enforce this chapter and is
referred to herein as the Floodplain Administrator.
A permit shall be required before any construction or development
is undertaken within any area in the City that is a special flood
hazard area.
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 of the City, and Acts of the Legislature and
Congress.
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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made. Further, if the application proposes new construction or development in the identified floodplain area, the Floodplain Administrator shall require that the applicant seek and obtain a permit from the Department of Environmental Protection Regional Office [see Article IV, § 230-19A(2)(b)].
C.
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.
D.
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.
E.
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 Council for whatever action it considers necessary.
F.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
G.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the City. 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, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(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 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 floatation, 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 as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed 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)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
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:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an special floodplain area (See § 320-19B.) when
combined with all other existing and anticipated development, will
not increase the base flood elevation more than one foot at any point.
(d)
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 base flood elevation.
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.
(e)
Detailed information needed to determine compliance with § 320-24F,
Storage, and § 320-25, Development which may endanger human
life, including:
[1]
The amount, location and purpose of any materials or substances
referred to in §§ 320-24F and 320-25 which are intended
to be used, produced, stored or otherwise maintained on site.
[2]
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 § 320-25 during a base
flood.
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(g)
The proposed location of any excavation or grading is proposed,
and 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 comment prior to the
issuance of a 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 shall be submitted by the Floodplain Administrator to
the City Engineer 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 Floodplain Administrator for
consideration.
In addition to the permit, the Floodplain Administrator shall
issue a placard that 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 shall 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, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request.
A.
Notices. Whenever the Floodplain Administrator determines that 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 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 the notice has
been served personally by the Floodplain Administrator or upon passage
of three days from the placement of the notice in the U.S. mail;
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
B.
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 Floodplain Administrator shall
be guilty of a summary offense and upon conviction shall pay a fine
of not less than $200 nor more than $1,000 plus costs of prosecution.
(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.
(3)
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance,
and shall not be construed as permission by the City that it may continue.
All such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time.
(4)
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by City Council to be a public nuisance
and abatable as such.
(5)
The failure to comply with a provision of this chapter, or with any
notice, order or direction of the Floodplain Administrator after service
of due notice and compliance within the time specified by the Floodplain
Administrator or within a reasonable time, shall constitute a further
violation and authorize the Floodplain Administrator to issue further
citations and prosecute until compliance is accomplished.
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 City Council. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
B.
Upon receipt of such appeal, Council shall set a time and place,
within not less than 10 days or not more than 30 days, for the purpose
of considering the appeal. Notice of the time and place of the appeal
hearing shall be given to all parties.