Presenter
Presented by Mr. Koch
Title
Ordinance amending and supplementing Chapters 906, 922 and 924 of Title Nine, Zoning, of the Pittsburgh Code to include cross references to the Title Ten: Building, Chapter 1003 stormwater amendments, to provide for enforcement procedures and penalties for violations of Stormwater Management Ordinances or of approved Stormwater Management Site Plans and Stormwater Management Best Management Practices and to conform certain Zoning Code amendments to the Storm Water amendments of Title Ten: Building and of the Pittsburgh Zoning Code.
Body
WHEREAS, the City of Pittsburgh ("City") finds that inadequate management of accelerated runoff of storm water resulting from development throughout a watershed increases flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control storm water, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point source pollution of water resources; and
WHEREAS, a comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, the City, their resources and the environment; and
WHEREAS, the City has been obliged to amend certain ordinances in order to implement the requirements of the federal and state laws addressing stormwater management; and
WHEREAS, the City is required by federal and state law to promulgate regulations for the enforcement of stormwater management ordinances, approved Stormwater Management Site Plans and Stormwater Management Best Management Practices, and to provide for penalties for violations thereof,
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Chapters 906, 922 and 924 of Title Nine, Zoning, of the Pittsburgh Code are amended and supplemented to include cross references to the Title Ten: Building, Chapter 1003 Storm Water Ordinance amendments, to provide for enforcement procedures and penalties for violations of Stormwater Management Ordinances or of approved Stormwater Management Site Plans and Stormwater Management Best Management Practices and to conform certain Zoning Code ordinances to the storm water amendments of Title Ten: Building and of the Pittsburgh Zoning Code, as hereinafter provided.
Title Nine, Zoning, Article III, Overlay Zoning Districts, Chapter 906, Environmental Overlay Districts, Section 906.07, Stormwater Management Overlay District, is amended as follows:
906.07. SM-O, Stormwater Management Overlay District.
906.07.A Purpose
The purpose for stormwater management as required by federal and state laws and regulations are set forth in Chapter 1001 of Title Ten: Building, at section 1001.04.
The purposes set forth in section 1001.04, to the extent that they contradict or conflict with the purposes set forth in this section 906.07.A., supersede the purposes set forth in this section 906.07.A.
The purpose of the SM-O, Stormwater Management Overlay District, is:
1. To manage stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed management plans adopted by Allegheny County and approved by the Pennsylvania Department of Environmental Resources as required by the Pennsylvania Storm Water Management Act (Act 167 of 1978);
2. To assure that development activities do not result in increased stormwater flows which could cause injury or property damage;
3. To utilize and preserve the desirable existing natural drainage systems; to preserve the flood-carrying capacity of streams; and to maintain and improve the quality of streams; and
4. To encourage natural infiltration of rainfall to preserve groundwater supplies and streamflow.
906.07.B Definitions
The definitions applicable to stormwater management as required by federal and state laws and regulations are set forth in Chapter 1003 of Title Ten: Building at section 1003.01. The definitions provided in section 1003.01, to the extent they contradict or conflict with the definitions provided herein, supersede the definitions provided in this section 906.07.B.
The following special definitions shall apply to the SM-O District:
1. Act means the Storm Water Management Act (Act of October 4, 1978, P.L. 864 No. 167; 32 P.S. 680.1-680.17, as amended by Act of May 24, 1984, P.L. 324, No. 63).
2. Channel means a natural stream that conveys water; a ditch or open channel excavated for the flow of water.
3. Conduit means any channel intended for the conveyance of water, whether open or closed.
4. Confluence means points where watercourses join together.
5. Conservation District (ACCD) means the Allegheny County Conservation District.
6. County means the County of Allegheny, Pennsylvania.
7. Culvert means a pipe, conduit or similar structure including appurtenant works which carries a stream under or through an embankment or fill.
8. Dam means any artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water, or a structure for highway, railroad or other purposes which may impound water.
9. Design Storm means the amount of precipitation from a storm event measured in probability of frequency of occurrence (e.g., 50-year storm) and duration (e.g., 24-hour), and used in computing stormwater management control systems.
10. Detention means slowing, dampening, or attenuating runoff flows entering the storm drainage system by temporarily holding water in areas such as detention basins, reservoirs, on roof tops, in streets, parking lots, or within the drainage system itself, and releasing the water at a desired rate of discharge.
11. Detention basin means the basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
12. Developer means any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or land development.
13. Development means any activity, construction, alteration, change in land use or similar action that affects storm water runoff characteristics.
14. Discharge means rate of flow, specifically fluid flow. A volume of fluid flowing from a conduit or channel, or being released from detention storage, per unit of time. Commonly expressed as cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm), or cubic meters per second (cms).
15. Discharge control point means the point of hydraulic concern, such as a bridge, culvert, or channel section, for which the rate of runoff is computed or measured in the watershed plan.
16. Drainage means interception and removal of excess surface water or groundwater from land by artificial or natural means.
17. Drainage Area means the contributing area to a single drainage basin, expressed in acres, square miles, or other units of area; also called a catchment area, watershed, or river basin, the area served by a drainage system or by a watercourse receiving storm and surface water.
18. Encroachment means any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water.
19. Erosion means the wearing away of the land surface by running water, wind, ice, or other geological agents.
20. Flood Control Project means any device or structure designed and constructed to protect a designated area from flood flows of a specified magnitude and probability (frequency) of occurrence.
21. Flood Hazard Area means a normally dry land area that has been and is susceptible to being inundated by surface or subsurface flow in addition to stream overflow.
22. Groundwater means that part of the subsurface water which is below the zone of saturation.
23. Hydraulic Characteristics means the features of a watercourse which determine its water conveyance capacity. These include size and configuration of the cross section of the watercourse, alignment of watercourse, gradient of the watercourse, texture of materials along the watercourse, amount and type of vegetation within the watercourse, and size, configuration and other characteristics of structures within the watercourse.
24. Hydrology means the science dealing with the waters of the earth and their distribution and circulation through the atmosphere. Engineering hydrology deals with the application of hydrologic concepts to the design of projects for use and control of water.
25. Impervious Material or Surface means material which resists the entrance or passing through of water or other liquids.
26. Infiltration means the penetration and movement of water through the earth's surface.
27. Land Disturbance means any activity involving grading, tilling, digging, filling, or stripping of vegetation; or any other activity which causes land to be exposed to the danger of erosion.
28. Outfall means points or areas at which storm water runoff leaves a site, which may include streams, storm sewers, swales or other well defined natural or artificial drainage features, as well as areas of dispersed overland flows.
29. Outlet Structure means a structure designed to control the volume of storm water runoff that passes through it during a specific length of time.
30. Peak Rate of Runoff (or Discharge) means the maximum rate of flow of water at a given point and time resulting from a predetermined storm.
31. Performance Standard means a standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it.
32. Permeability means the rate at which water will move through a saturated soil.
33. Pervious Material means material which permits the passage or entrance of water or other liquid.
34. Point of Interest means a point of hydrological and hydraulic importance used for computing a release rate percentage. These may include points of stream confluences, an existing obstruction or problem area, or other similar points.
35. Rate of Runoff means instantaneous measurement of water flow expressed in a unit of volume per unit of time, also referred to as discharge. Usually stated in cubic
feet per second (cfs) or gallons per minute (gpm).
36. Release Rate Percentage means the percentage of predevelopment peak rate of runoff from a watershed subarea (as delineated in the watershed plan), which defines the allowable post-development peak discharge from any development site in that subarea. The release rate percentage is determined by computing the following:
[(Subarea predevelopment rate of runoff contributing to peak at downstream point of interest) / (subarea predevelopment peak)] x 100 = Release Rate Percentage.
37. Reservoir means any basin, either natural or artificial, which contains or will contain the water impounded by a dam.
38. Runoff Characteristics means the surface components of any watershed which affect the rate, amount, and direction of storm water runoff. These may include but are not limited to: vegetation, soils, slopes, and man-made landscape alterations.
39. SCS means Soil Conservation Service, U.S. Department of Agriculture.
40. Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by air, water, gravity, or ice and has come to rest on the earth's surface.
41. Sedimentation means the process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity.
42. Soil-Cover Complex Method means a method of runoff computation developed by the U.S. Soil Conservation Service and found in its publication "Urban Hydrology for Small Watersheds, "Technical Release No. 55, SCS, January 1975 (or most current edition).
43. Storm Sewer means a sewer that carries intercepted surface runoff, street water, and other washwaters, or drainage, but excludes sewage and industrial wastes.
44. Storm Sewer Discharge means flow from a storm sewer that is discharged into a receiving stream.
45. Storm Water Collection System means natural or engineered structures which collect and transport storm water through or from a drainage area to the point of final outlet, including but not limited to, any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, streets and pumping stations.
46. Storm Water Management Plan means the plan for managing storm water runoff from a specific development site.
47. Storm Water Runoff means waters resulting from snow melt or precipitation within a drainage basin, flowing over the surface of the ground, collected in channels and conduits, and carried by receiving streams.
48. Subarea means a portion of the watershed that has similar hydrological characteristics and drains to a common point.
49. Time of Concentration means the time period necessary for surface runoff to reach the outlet of a subarea from the hydraulically most remote point in the tributary drainage area.
50. Volume of Storm Water Runoff means quantity of water normally measured in inches, cubic feet, or acre-feet, measured or determined analytically from (1) runoff coefficients; (2) rainfall/runoff ratios; and (3) areas underneath hydrographs.
51. Watercourse (Waterway) means any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
52. Watershed means the entire region or area drained by a river or other body of water whether natural or artificial.
53. Watershed Storm Water Management Plan (or Watershed Plan) means the plan for management of storm water runoff throughout a designated watershed as required by the Pennsylvania Storm Water Management Act.
906.07.C Application
Land may be used and structures may be constructed, altered or enlarged for uses which are listed in the underlying zoning districts as permitted uses or as use exceptions in conformance with all other applicable provisions of this Zoning Ordinance and as further limited or prohibited by this section. Any earth disturbance or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff are subject to regulation by this ordinance as supplemented, or unless superseded, by Chapter 1003 of Title Ten: Building.
906.07.D General Provisions
1. Land alteration and development activities must be in conformance with the applicable watershed storm water management plan;
2. If such plan has not yet been developed, adopted by the County Commissioners and approved by the Pennsylvania Department of Environmental Resources then development may proceed in that watershed provided that:
(a) The maximum rate of storm water runoff after development is no greater than before development; or
(b) The quantity, velocity and direction of resulting stormwater runoff is managed in a manner which otherwise adequately protects health and property from possible injury.
3. Where there is an applicable stormwater management plan all alterations of land and all development must submit a project site stormwater plan meeting the following requirements in order to determine compliance with the applicable plan:
(a) General Format
1. The stormwater plan shall be drawn to a scale of not less than 1 inch = 100 feet. All sheets shall contain a title block with: name and address of applicant and engineer, scale, north arrow, legend and date of preparation.
2. The stormwater management plan (including all calculations) must be prepared and sealed by a registered professional engineer, surveyor or landscape architect with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required.
3. A brief written description of the proposed development and stormwater management controls shall be included.
4. Calculations shall be indexed, and all charts, figures, tables or similar information obtained from texts or other materials shall be referenced.
5. The omission of any of these general items shall cause the plan to be returned immediately to the applicant for corrections.
(b) Plan Contents
The plan shall show the following:
(1) Watershed Location
Provide a key map showing development site's location within the watershed(s) and watershed subarea(s). On all site drawings, show the boundaries of the watershed(s) and subarea(s) as they are located on the development site and identify watershed name(s) and subarea number(s).
(2) Floodplain boundaries
Identify one hundred-year floodplains on the development site (as appropriate) based on the municipal Flood Insurance Study maps or delineated by applicable Federal Emergency Management Agency ("FEMA") maps and studies as being a special flood hazard area.
.
(3) Natural features
Show all bodies of water (natural and artificial), watercourses (permanent and intermittent), swales, wetlands and other natural drainage courses on the development site and off-site if they will be affected by runoff from the development.
(4) Soils
Provide an overlay showing soil types and boundaries within development site (consult SCS, U.S. Geological Survey for information).
(5) Contours
Show existing and final contours at intervals of two (2) feet; in areas with slopes greater than fifteen (15) percent, five-foot contour intervals may be used.
(6) Existing stormwater controls
Show any existing stormwater management or drainage controls and/or structures, such as sanitary and storm sewers, swales, culverts, etc. which are located on the development site, or which are located off-site but will be affected by runoff from the development.
(7) Runoff calculations
Submit calculations for determining pre- and post-development discharge rates and for designing proposed stormwater control facilities with the stormwater management plan. All calculations shall be prepared using the method and data prescribed by applicable watershed stormwater management plans or the Pennsylvania Stormwater Best Management Practices Manual, PA DEP 363-0300-002, December 30, 2006, as amended. The Rational Method may be utilized for development sites of less than two hundred (200) acres.
(8) Proposed stormwater controls
Show all proposed stormwater runoff control measures on the plan including methods for collecting, conveying and storing stormwater runoff on-site, which are to be used both during and after construction. Erosion/sedimentation controls shall be shown in accordance with applicable municipal and County Conservation District requirements. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and relationship to the existing watershed drainage system.
(i) If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to manage stormwater runoff safely during each stage of development.
(ii) A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.
(9) Easements, rights-of-way, deed restrictions
Show all existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities and identify the proposed owner. Show any areas subject to special deed restrictions relative to or affecting stormwater management on the development site.
(10) Other permits/approvals
Include a list of any permits/approvals related to stormwater management that will be required from other governmental agencies (e.g., an obstructions permit from Pa DEP) and the anticipated dates of submission and/or approval. Copies of permit application may be requested.
(11) Maintenance program
Provide a proposed maintenance plan for all stormwater control facilities constructed as part of the development affected by the development's runoff. The maintenance plan shall:
(i) Identify the proposed ownership entity (initial, interim and final) and the time period for which each is responsible.
(ii) Include a maintenance program for all facilities, outlining the type of maintenance activities required, probable frequencies, personnel and equipment requirements and estimated annual maintenance costs.
(iii) Identify method of financing continuing operation and maintenance if the facility is to be owned by other that the municipality or a governmental agency.
906.07.E Specific Watershed Provisions
906.07.E.1 Girty's Run
(a) Development which connects its stormwater collection system to the City sewer system, which drains to the East Street Valley and therefore out of the Girty's Run Watershed, is in compliance with the requirements of this section provided sufficient capacity exists in the City sewer system to transmit the increased flows without adversely affecting health, property or the system; and provided any increase in runoff resulting from the development is captured by the collection system; and provided the collection system is designed to collect and convey to the City's system the design flows (volumes and rates) computed in accordance with the Watershed Plan's parameters for design storms and runoff calculations and demonstrated on a stormwater management plan. Development is encouraged to minimize the provision of impervious surface in order to maximize infiltration and reduce runoff.
(b) Development which results in less than five thousand (5,000) square feet of impervious surface need not submit a stormwater management plan provided no downstream properties or watercourses are adversely affected by increased runoff or sedimentation.
(c) Predevelopment and post development peak runoff rates and volumes must be calculated for the two-, five-, ten-, fifty-, and one hundred-year storm frequencies. Either the SCS Type II or the PDT region I storm distributions may be used for analyzing stormwater runoff, but the same storm distribution shall be used for analyzing both pre- and post-development conditions.
(d) For the purposes of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one (1) of the following: SCS publications, Technical Release (TR) 55 or 20, or the Penn State Runoff Model (PSRM). The Rational Method may be utilized for development sites of twenty (20) acres or less and must be utilized for the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities.
(e) The release rate percentages area:
TABLE INSET:
Subarea 26 70% (2, 5, 10 year storms)
55% (50, 100 year storms)
Subarea 27 55% (2, 4, 10 year storms)
100% (50, 100 year storms)
(f) As an alternative to compliance with the specified release rate percentages a developer may submit an analysis by a registered engineer with expertise in hydrology and hydraulics which demonstrates that reasonable options exist to protect downstream areas from harmful storm runoff impacts. This analysis shall be in accord with the procedure specified in the plan.
906.07.F Monongahela River Watershed
906.07.F.1 Applicability
The stormwater performance standards contained in this section are intended to implement the standards and criteria contained in the Monongahela River Stormwater Management Plan, adopted and approved in accordance with the Pennsylvania Storm Water Management Act. If there is any discrepancy between the provisions of this section and the standards and criteria of the plan, or if the watershed plan is subsequently amended, then the standards/criteria of the current watershed plans shall govern. Development which results in less than five thousand (5,000) square feet of impervious surface need not submit a stormwater management plan provided no downstream properties or watercourses are adversely affected by increased runoff or sedimentation.
906.07.F.2 Storm Frequencies
Stormwater management facilities on all development sites shall control the peak stormwater discharge for the 2-, 10-, 25-, and 100-year storm frequencies. The SCS 24-hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre and post development conditions. The 24-hour total rainfall for these storm frequencies in the watershed are:
TABLE INSET:
2 year 2.50 inches
5 year 3.61 inches
10 year 4.31 inches
100 year 5.71 inches
906.07.F.3 Calculation Methods
(a) Development Sites
For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one (1) of the following: SCS publications, Technical Release (TR) 55 or 20, HEC I. Penn State Runoff Model (PSRM) or Modified Rational Method.
(b) Stormwater Collection/ Conveyance Facilities
For purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, the Rational Method shall be applied. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.
(c) Detention/Retention Facilities
Routing of hydrographs through detention/ retention facilities for the purpose of designing those facilities shall be accomplished using the Modified-Puls Method of other recognized reservoir routing method subject to the approval of the City.
(d) Predevelopment Conditions
Predevelopment Conditions shall be assumed to be those which exist on any site at the time of adoption of the Monongahela River Stormwater Management Plan. Hydrologic conditions for all areas with pervious cover shall be assumed to be in good condition and the lowest recommended SCS runoff curve number shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.
(e) Release Rate Percentages
Release Rate Percentages are:
TABLE INSET:
Subarea 1 100%
Subarea 2 100%
Subarea 4 60%
Subarea 6 60%
Subarea 7 50%
Subarea 8 80%
Subarea 9 90%
Subarea 11 60%
Subarea 12 50%
Subarea 13 100%
Subarea 15 70%
Subarea 19 70%
Subarea 22 60%
Subarea 23 80%
Subarea 24 70%
Subarea 29 50%
(f) No-Harm Evaluation
(1) An applicant may seek to exceed the otherwise applicable subarea release rate percentage by performing the "No Harm Evaluation". This evaluation requires an independent engineering analysis to demonstrate that other reasonable options exist to prevent the occurrence of increased stormwater runoff discharge rates and/or velocities or those measures can be provided to prevent increased stormwater discharge rates or velocities from increasing flood elevations and accelerating erosion at all downstream points in the watershed.
(2) A "No-Harm Evaluation" will be considered only where the discharge to a stream channel from the development site occurs directly to:
(i) The Monongahela River;
(ii) An adequately sized storm or combined sewer which discharges directly into the Monongahela River; or
(iii) Through a properly sized regional stormwater detention facility.
(3) The No-Harm Evaluation shall be prepared by a registered engineer who is experienced in hydrology and hydraulics who shall utilize the procedure specified in the Monongahela Stormwater Ma
Break1
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Section 2. The Pittsburgh Code of Ordinances, Title Nine, Zoning, Chapter 922, Development Review Procedures, Section 922.04.E, Site Plan Review Criteria, is amended so that it may conform to the storm water amendments of Title Ten: Building and of the Pittsburgh Zoning Code as follows:
922.04.E Site Plan Review Criteria
. . .
6. For all properties and uses that contain a new structure with a footprint area in excess of fifty thousand (50,000) square feet and are specifically required by the Code to undergo site plan review the following standards shall apply:
. . .
l. Storm Water Management
A sStorm wWater mManagement pPlan shall be submitted in a form prescribed by the Zoning Administrator in accordance wth Title Ten: Building, Chapter 1003: Lan Operations Control and Stormwater Management, as amended.
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Section 3. Chapter 924 of Title Nine, Zoning, of the Pittsburgh Code is amended and supplemented to include enforcement measures and penalties for violations of Stormwater Management Ordinances, or of approved Stormwater Management Site Plans and Stormwater Management Best Management Practices, as follows:
CHAPTER 924: ENFORCEMENT AND PENALTIES
924.01. Authority.
924.02. Issuance of Permits.
924.03. Types of Violations.
924.04. Remedies.
924.05. Enforcement Procedures.
924.06. Other Enforcement Matters.
924.01. Authority.
This Code shall be enforced by the Chief of the Bureau of Building Inspection or Code Official or such other officer of the City as may from time to time be designated by the City Council or its designee.
924.02. Issuance of Permits.
No person in the employ of the City or acting on behalf of the City shall
(a) Issue any building permit, grant any Certificate of Occupancy or otherwise allow a building or use that would violate the provisions of this Code. Any permit issued upon a false statement of fact that is material to the issuance of such permit shall be void.
(b) Approve any SWM Site Plan, make any final determination on maintenance responsibilities or accept dedication of facilities where the SWM Site Plan or the SWM BMPs do not meet the design standards and criteria of this Zoning Code or of Chapter 1003 of Title Ten: Building, or otherwise violate the provisions of this Code or Chapter 1003 of Title Ten: Building. Any approval based upon a false statement of fact that is material to the grant of such approval shall be void.
924.03. Types of Violations.
Any of the following shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Code and by state law:
924.03.A Development or Use Without Permits
(a) To engage in any development, use, construction, remodeling or other activity of any nature that is subject to the provisions of this Code without all of the required permits, approvals, certificates and other forms of authorization required by this Code in order to conduct or engage in such activity;
(b) To engage in any Regulated Activity, as defined in this Code or in Chapter 1003 of Title Ten: Building, without all of the required permits, approvals, certificates and other forms of authorization required by such Codes in order to conduct or engage in such activity;
924.03.B Development or Use Inconsistent with Permit
To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, approved Stormwater Management Site Plan, certificate or other form of authorization required in order to engage in such activity;
924.03.C Development or Use or Regulated Activity Inconsistent with Conditions
To violate, by act or omission, any term, condition, or qualification placed upon a required permit, approved Stormwater Management Site Plan, certificate, or other form of authorization;
924.03.D Development or Use or Regulated Activity Inconsistent with Code
To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to use any land, or perform any Regulated Activity, in violation or contravention of any regulation of this Code or of Chapter 1003 of Title Ten: Building;
924.03.E Making Lot or Setback Noncomplying
To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Code;
924.03.F Increasing Intensity of Use
To increase the intensity of use of land or structure, except in accordance with the procedural and substantive requirements of this Code;
924.03.G Continuing Violation
To continue any of the above violations; and
924.03.H Removing, Defacing, Obscuring Notice
To remove, deface, obscure or otherwise interfere with any notice required by this Code.
924.04. Remedies.
The City shall have the following remedies and enforcement powers:
924.04.A Withhold Permits and Approvals.
The City may deny or withhold all permits, certificates, approvals or other forms of authorization, or for any SWM Site Plan or SWM BMPs, on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Code or of Chapter 1003 of Title Ten: Building, or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City, Planning Commission, or Code Official, or the applicable Zoning Board of Adjustment.
The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected.
The provisions of this section shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
The City may deny or withhold all permits, approvals, certificates or other forms of authorization or for any SWM Site Plan or SWM BMPs on any land or structure or improvements or Development owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Code or of Chapter 1003 of Title Ten: Building or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.
924.04.B Revoke Permits and Approvals
924.04.B.1 Permits for Construction
Any permit may be revoked when the Chief of the Bureau of Building Inspection determines that any of the following conditions exist:
(a) That there is departure from the plans, specifications, or conditions that apply to the permit;
(b) That the same was procured by false representation or was issued by mistake; or
(c) That any of the provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, his or her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
924.04.B.2 Permits for Occupancy
Any permit allowing legal occupancy of a structure or a lot, including the Certificate of Occupancy, may be revoked when the Chief of Building Inspection determines that any of the following conditions exist:
(a) That there has been a violation of the approved plan, specifications or conditions that apply to the permit, including violations resulting from changes to the structure or lot from the approved plan;
(b) There has been a violation of the approved plan or conditions that apply to the approved plan or permit which result from non-compliance with operational aspects of the structure or lot, which include but are not limited to hours of operation, violation of the noise, vibration or other environmental standards of this Code, or other management practices of the building or lot which are in clear violation of the approved plans.
924.04.B.3. Approval of SWM Site Plan and SWM BMPs
Any approval may be revoked when the Code Official determines that any of the following conditions exist:
(a) That there is departure from the SWM Site Plan or SWM BMP specifications or conditions that apply to the SWM Site Plan; or
(b) That the same was procured by false representation or was issued by mistake; or
(c) That any of the provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, Developer, his or her agent, or contractor, or upon any person employed on the development or structure for which such approval was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
924.04.C Stop Work
With or without revoking permits, the City may stop work on any Development, Regulated Activity, building or structure on any land on which there is an uncorrected violation of a provision of this Code or of Chapter 1003 or of a permit or approval or other form of authorization issued hereunder, in accordance with its power to stop work under the Building Code Title.
924.04.D Revoke Plan, SWM Site Plan Approval or Other Approvals
Where the violation involves a failure to comply with approved plans or conditions to which the approval of was made subject, the body with authority to approve the plans or applications may, upon notice to the applicant and after a hearing, revoke the plan or other approval, or condition the continuance of approval on such conditions as the City Council may reasonably impose.
924.04.E Injunctive Relief
The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of the Stormwater Management provisions of Title Ten: Building.
924.04.F Abatement
The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
924.04.G Penalties
Any person, firm, association, or corporation violating any provision of this Zoning Ordinance, or of the Stormwater Management provisions of Chapter 1003 of Title Ten: Building, shall upon conviction be fined not more than one thousand dollars ($1,000.00) for each offense and costs, and in default of payment of such fine and costs, shall be imprisoned in the county jail or workhouse for not more than thirty (30) days. Each day a violation is continued shall constitute a separate offense. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof.
924.04.H Other Remedies
The City shall have such other remedies as are and as may be from time to time provided by Pennsylvania law for the violation of stormwater managements plans or ordinances or zoning or related provisions of its Code.
924.04.I Remedies Cumulative
These remedies shall be cumulative.
924.05. Enforcement Procedures.
In enforcing this Code, the City shall follow the procedures set forth in this section.
924.05.A Notice
In the case of violations not involving continuing construction or development, or any emergency situation, the Chief of the Bureau of Building Inspection or the appropriate Code Official shall give written notice of the nature of the violation to the owner of the land and to any person who is a party to the agreement or an applicant for any relevant permit, certificate or approval, after which the person receiving such notice shall have thirty (30) days to correct the violation before further enforcement action.
924.05.B Immediate Enforcement
In the case of a violation involving either continuing construction or development or an emergency situation (as reasonably determined by the Chief of the Bureau of Building Inspection or the appropriate Code Official), the City may use the enforcement powers and remedies available to it under this chapter without prior notice. Simultaneously with beginning enforcement action, the Chief of the Bureau of Building Inspection or the appropriate Code Official shall send notice to the owner of the land and to any person who is a party to the agreement or an applicant for any relevant permit, certificate or approval.
924.06. Other Enforcement Matters.
924.06.A Other Powers
In addition to the enforcement powers specified in this chapter, the City may exercise any and all enforcement powers granted to them by Pennsylvania law, as it may be amended from time to time.
924.06.B Continuation
Nothing in this Code shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid resolutions, ordinances and laws.
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