City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter regulates construction and development within the City's identified floodplain areas, including building permits, elevation and floodproofing standards, and restrictions on floodway encroachment.

Who this affects

Anyone undertaking construction or development in Pottsville, especially property owners, contractors, and developers with land in or near a floodplain, who must obtain a building permit and meet flood-resistant design requirements.

Key rules

• "It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the City unless a building permit has been obtained from the Building Permit Officer."
• Work must begin within six months and be completed within 12 months of permit issuance, or the permit expires unless an extension is granted in writing.
• Within a floodway area, no encroachments (fill, new construction, substantial improvements) are permitted unless hydrologic and hydraulic analysis shows no increase in flood levels.
• New residential structures must have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.
• "Fully enclosed space below the lowest floor (including basement) is prohibited."
• Recreational vehicle storage is prohibited within any Identified Floodplain Area unless a variance is obtained; if a variance is granted, RVs in certain zones must be on-site fewer than 180 consecutive days and fully licensed and ready for highway use, or meet manufactured home permit requirements.
• Manufactured homes are prohibited within any Floodway Area; where permitted elsewhere, they must be on a permanent foundation, elevated so the lowest floor is 1½ feet or more above the base flood elevation, and anchored against flotation, collapse, or lateral movement.
• Hospitals, nursing homes, jails or prisons, and new or expanded manufactured home parks/subdivisions require a special permit within any identified floodplain area.
• Accessory structures need not be elevated or floodproofed but are limited to 600 square feet, may not be used for human habitation, and are barred from having permanently affixed utility equipment or sanitary facilities.
• No new construction or development may be located within 50 feet landward from the top-of-bank of any watercourse without a Department of Environmental Protection permit.
• Substantial improvement (alteration costing 50% or more of a structure's market value) triggers full compliance with the chapter's requirements.
• Variances cannot be granted for any activity that would increase the base flood elevation within a floodway, nor for accessory structures exceeding 600 square feet.

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 Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the City 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." Noncompliant structures or developments may also be declared a public nuisance by City Council.

Notable and archaic details

• The chapter explicitly disclaims City liability for flood damages: "This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder."
• Whenever a variance is granted, the City must notify the applicant in writing that the variance may result in increased flood insurance premiums and may increase risks to life and property.
• Nonresidential structures that are floodproofed must maintain a detailed flood emergency operation plan, including an established chain of command, notification procedures, and at least annual training drills coordinated with community officials.