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Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
A permit shall be required before any construction or development is undertaken within any area of the Borough of Lewistown.
A. 
The Zoning Officer within the Borough of Lewistown is hereby appointed to administer and enforce this chapter and is referred to herein as "the Floodplain Administrator."
B. 
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.
C. 
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); 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.
D. 
During the construction period the Floodplain Administrator and/or other authorized official, including but not limited to the Building Code Officer, 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. The Floodplain Administrator and/or other authorized official may make as many inspections during and upon completion of the work as are necessary.
E. 
The Floodplain Administrator and/or other authorized official, including but not limited to the Building Code Officer, 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 Borough Council of the Borough of Lewistown for action in accordance with § 125-12, Enforcement; violations and penalties.
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, the 2009 International Building Code and the 2009 International Residential Code or the latest revisions thereof.
A. 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Borough of Lewistown. 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 the flood-related cost and the market value of the building. For purposes of this section, market value may be based on either the fair market value as set forth in the records of the Mifflin County Assessment Office, or an appraisal prepared by a certified appraiser which is not more than six months old.
(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 flotation, 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 in addition to 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) 
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 a one-hundred-year flood;
(d) 
Detailed information concerning any proposed floodproofing measures; and
(e) 
Supplemental information as may be necessary under 34 Pa. Code, Chapters 401 through 405, as amended, and the relevant sections of the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof.
(4) 
The following data and documentation:
(a) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
(b) 
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.
(c) 
Detailed information needed to determine compliance with § 125-21F, Storage, and § 125-22, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 125-21F and 125-22 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 § 125-22 during a one-hundred-year flood.
(d) 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
(e) 
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 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., Lewistown Borough Planning Commission, Borough 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 six months 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. The start of construction and/or development includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, 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 of 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 not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
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 municipal laws and ordinances. The Floodplain Administrator or other authorized official shall make as many inspections during and upon completion of the work as are necessary.
B. 
In the discharge of his 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.
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 permit and report such fact to the Lewistown Borough Council for action in accordance with § 125-12, Enforcement; violations and penalties.
D. 
A record of all such inspections and violations of this chapter shall be maintained.
E. 
The requirements of 34 Pa. Code Chapters 401 through 405 and the provisions of the 2009 International Building Code and the 2009 International Residential Code or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.
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 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: a) be in writing; b) include a statement of the reasons for its issuance; c) allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires; d) 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 this state; e) 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 municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of Lewistown of not less than $25 nor 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 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 Borough Council to be a public nuisance and abatable as such.
A. 
The Zoning Hearing Board shall have jurisdiction to hear and decide all appeals, challenges or requests for variances in cases under this chapter which involve any of the following matters: 1) the use or development of land or a variance in use or development; 2) the location or use of individual buildings, structures or land features, or a variance in the location and use of the same; 3) a regulation prescribed by Chapter 240, Zoning; 4) a nonconforming use or a nonconforming structure in a flood zone; 5) an order, requirement or decision made under §§ 125-18 or 125-19. For the procedures for filing an appeal, challenge, or request for a variance, and the functions, duties and powers of the Zoning Hearing Board, please see § 240-66 of Chapter 240, Zoning.
B. 
The Board of Building Appeals, as set forth in the Code of the Borough of Lewistown, specifically, Chapter 10, or the Board of Appeals per the Uniform Construction Code, Chapter 110, Article III, of the Code of the Borough of Lewistown, or latest revisions thereof as appropriate, shall have jurisdiction to hear and decide all appeals in cases under this chapter that are not under the jurisdiction of the Zoning Hearing Board under Subsection A of this section.