[Ord. 2146, 2/8/2016]
The Director of Licensing and Inspections is hereby appointed
to administer and enforce this chapter and is referred to herein as
the "Floodplain Administrator."
[Ord. 2146, 2/8/2016]
A permit shall be required before any construction or development
is undertaken within the Floodplain Conservation District. In the
case of a proposed hospital, nursing home, jail, prison, or manufactured
home park, the permit referred to here would be the special permit
of Part 8.
[Ord. 2146, 2/8/2016]
1.
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 chapter and all other applicable
codes and ordinances.
2.
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.
3.
In the case of existing structures, prior to the issuance of any
development/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.
4.
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 shall make as many inspections
during and upon completion of the work as are necessary.
5.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
6.
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 Pottstown Borough Council for whatever
action it considers necessary.
7.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
8.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2006 IBC and the 2006 IRC or latest revisions
thereof.
[Ord. 2146, 2/8/2016]
1.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Pottstown. Such
application shall contain the following:
A.
Name, address and contact name of the applicant.
B.
Name, address and contact name of the owner of land on which proposed
construction is to occur.
C.
Name, address and contact name of the contractor.
D.
Site location, including address.
E.
Listing of other permits or variances required.
F.
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.
2.
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
A.
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.
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement.
E.
Building materials are flood-resistant.
F.
Appropriate practices that minimize flood damage have been used.
G.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located 1 1/2
feet above the base flood elevation to prevent water entry or accumulation.
3.
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, at two-foot intervals;
(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;
(5)
The location of any and all utilities both above and below ground;
and
(6)
The location of any existing bodies of water or watercourses, the
Floodplain Conservation District, 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 a scale of one inch being equal to 100 feet or less, 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, as
amended, and the currently adopted edition of the ICC for both commercial
and residential construction.
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 detailed information concerning any proposed
floodproofing measures and corresponding elevations.
(2)
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 which have been incorporated into the design of the structure
and/or the development.
(3)
Detailed information needed to determine compliance with § 704F, Storage, and § 703, Subsection 1, Development Which May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances
referred to in §§ 703 and 704F which are intended to
be used, produced, stored or otherwise maintained on 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 § 703 during a base flood.
(4)
The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
(5)
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.
E.
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administration.
[Ord. 2146, 2/8/2016]
A copy of all applications and plans for any proposed construction
or development in any Floodplain Conservation District 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.
[Ord. 2146, 2/8/2016]
A copy of all plans and applications for any proposed construction
or development in any Floodplain Conservation District 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, Army Corps of Engineers, etc.) for review and
comment.
[Ord. 2146, 2/8/2016]
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.
[Ord. 2146, 2/8/2016]
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 and the date of its issuance and shall be signed by
the Floodplain Administrator.
[Ord. 2146, 2/8/2016]
1.
Work on the proposed construction 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.
The term "start of construction" shall be understood as defined in
§ 302 of this chapter.
2.
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.
[Ord. 2146, 2/8/2016]
1.
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.
2.
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 pay a fine
to Borough of Pottstown of not less than $100 nor more than $1,000
for each day of violation, plus costs of prosecution. 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 noncompliance 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 Pottstown Borough Council to be
a public nuisance and abatable as such. Any structure so designated
may be demolished if deemed a threat to the public safety. The cost
of the demolition shall be passed onto the property owner.
1.
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 Pottstown Borough Council. Such appeal must
be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
2.
Upon receipt of such appeal, the Pottstown Borough Council shall
set a time and place, within not less than 10 or not 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.