Article 1371
ADMINISTRATION
Sections:
1371.01 Designation of the floodplain administrator.
1371.03 Duties and responsibilities of the floodplain administrator.
1371.04 Application procedures and requirements.
1371.05 Review of application by others.
1371.08 Start of construction.
1371.12 Additional enforcement remedies.
1371.01 Designation of the floodplain administrator.
This title shall be administered by the zoning administrator, also known as the floodplain administrator, and such deputies as may be specifically appointed by the city. (Ord. 3702 § 1, 2012)
1371.02 Permits required.
A permit shall be required before any construction or development or use of land is undertaken within any floodplain area of the City of Meadville that is designated and identified under Article 1372 MMC. (Ord. 3702 § 1, 2012)
1371.03 Duties and responsibilities of the floodplain administrator.
(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.
(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 or will be 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); the U.S. Clean Water Act, 33 U.S.C. 1344; the Pennsylvania Uniform Construction Code; Zoning; Subdivision and Land Development; and Stormwater Management Regulations. No permit shall be issued until this determination has been made.
(c) During the construction period, the floodplain administrator or other authorized official shall have the right and shall inspect premises as often as necessary 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.
(d) 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 title.
(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 the city for appropriate action.
(f) The floodplain administrator shall maintain all records associated with the requirements of this title, including, but not limited to, permitting, inspection and enforcement. (Ord. 3702 § 1, 2012)
1371.04 Application procedures and requirements.
For any construction or development or use of land within any designated or identified floodplain area, an application with the following information must be completed and filed with the floodplain administrator.
(a) A permit application form which contains 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.
(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, if available;
(3) The size and location of all existing and proposed buildings, structures, and other improvements on the site, including the location of any existing or proposed subdivision and development;
(4) The location of all existing streets, drives and other access ways; and
(5) The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information which pertains to the floodway and the flow of water, including direction and velocities.
(c) Plans of all proposed buildings, structures and other improvements within the designated floodplain area, drawn at suitable scale and 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 the Pennsylvania Uniform Construction Code and applicable regulations.
(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;
(2) Detailed information concerning any proposed floodproofing measures and corresponding elevations;
(3) Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special flood hazard area, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point;
(4) When required by the Uniform Construction Code, 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 floods.
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.
(5) Detailed information needed to determine compliance with MMC 1373.03 and 1373.04, including the amount, location and purpose of any materials or substances referred to in MMC 1373.03(f) and 1373.04 which are intended to be used, produced, stored or otherwise maintained on site, and 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 MMC 1373.04 during a base flood.
(6) The appropriate component of the Department of Environmental Protection’s “Planning Module for Land Development.”
(7) 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) The application shall provide all 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 designated and/or located to prevent water entry or accumulation.
(f) Applications for permits shall be accompanied by a fee, payable to the City of Meadville, as established by resolution of the City of Meadville. (Ord. 3702 § 1, 2012)
1371.05 Review of application by others.
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, county conservation district, adjacent municipalities, municipal engineer, etc.) for review and comment. (Ord. 3702 § 1, 2012)
1371.06 Changes.
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. (Ord. 3702 § 1, 2012)
1371.07 Placards.
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. (Ord. 3702 § 1, 2012)
1371.08 Start of construction.
Work on the proposed construction and/or development shall begin within 180 days after the date of issuance of the permit and shall be completed within 12 months after the date of issuance of the permit, at which time 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.
Time extensions shall be granted only if a written request, which sets forth reasonable cause for the extension, is submitted by the applicant. (Ord. 3702 § 1, 2012)
1371.09 Enforcement notice.
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 title, or any conditions pertaining to the issuance of the permit, the floodplain administrator shall give written notice of such alleged violation as hereinafter provided. Such notice shall state the following:
(a) The name and owner of record and any other responsible person;
(b) The location of the property in violation;
(c) The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this title;
(d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed, not to exceed 30 days;
(e) That the recipient of the notice has the right to appeal to the board of appeals within a prescribed period of time, in accordance with procedures set forth in this title;
(f) That failure to comply within the time specified, unless extended by appeal, constitutes a violation with possible sanctions clearly described. (Ord. 3702 § 1, 2012)
1371.10 Remedies.
If the violation has not been corrected and if no appeal is taken from the enforcement notice within 30 days, the city council or floodplain administrator may seek any remedy provided by the Pennsylvania Municipalities Planning Code or amendment thereto, or otherwise permitted by law, including a civil enforcement proceeding before the district magistrate to obtain a civil penalty as provided in MMC 1371.11. (Ord. 3702 § 1, 2012)
1371.11 Civil penalty.
Any person, partnership or corporation who or which has violated or permitted the violation of this title shall, upon being found liable therefor in a civil enforcement proceeding commenced by the city, pay a judgment of not more than $500.00, plus all court costs, including reasonable attorneys’ fees incurred by the city as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district magistrate. If the defendant neither pays nor timely appeals the judgment, the city may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation continues shall constitute a separate violation, unless the district magistrate determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this title to have believed that there was no such violation; in which event, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district magistrate. Each day thereafter a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys’ fees collected for the violation of this title shall be paid over to the city. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the city and its floodplain administrator the right to commence any action for enforcement pursuant to this section. (Ord. 3702 § 1, 2012)
1371.12 Additional enforcement remedies.
In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this title, the city, in addition to other remedies, may institute in its name any appropriate action or proceeding to prevent, restrain, correct or abate such violation, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. (Ord. 3702 § 1, 2012)
1371.13 Fees.
The city may, by resolution, establish a schedule of fees for permits, appeals, and other matters pertaining to the administration of this title. Until all applicable fees, charges and expenses have been paid, no action shall be taken on any application or appeal. (Ord. 3702 § 1, 2012)
1371.14 Appeals.
(a) Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this title may appeal to the board of appeals. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
(b) The board of appeals shall be the zoning hearing board.
(c) Upon receipt of such appeal, the board shall set a time and place, within not less than 10 and not more than 60 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.
(d) The board shall conduct the hearing in accordance with the applicable requirements of Section 908 of the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10908, as amended. All hearings shall be subject to the requirements of the Pennsylvania Sunshine Law, 65 PA C.S. Sections 701 through 716.
(e) Any person aggrieved by any decision of the board of appeals may appeal to the Court of Common Pleas of Crawford County as provided by the laws of this Commonwealth, including the Municipalities Planning Code and the Pennsylvania Flood Plain Management Act. (Ord. 3702 § 1, 2012)