[HISTORY: Adopted by the Board of Supervisors of the Township
of Bern as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-6-2011 by Ord. No. 269-2011]
To establish an Emergency Management Committee that will be
responsible for the complete and efficient utilization of all Township
facilities to safeguard and protect life and property within Bern
Township during a state of war, a local emergency or disaster, and
during normal day-to-day operations.
For the purpose of this article, certain words herein are defined
as follows:
A direct or indirect assault against Bern Township, its government,
its environs, or of the nation, by the forces of a hostile nation
or agents thereof, including, but not limited to, assault by bombings;
radiological, chemical or biological means; or sabotage.
A continuity of operations plan prepared for government operations,
including staff, equipment, facilities and temporary off-site locations,
in the event of a disaster occurring to same staff, equipment and
facilities.
A plan prepared for the clearing and removal of debris, generated
by a natural or human-made disaster, from public or personal properties.
A local disaster emergency declared by the Chairperson or
Vice-Chairperson of the Bern Township Board of Supervisors, in consultation
with the Emergency Management Coordinator, and ratified by the Board
of Supervisor's of Bern Township at the next regularly scheduled
Township Supervisor's meeting or special meeting occurring next
after the declaration of disaster. The declaration shall not be continued
or renewed for a period in excess of seven days except by or with
the consent of the Township Board of Supervisors. Any order or proclamation
declaring, continuing or terminating a local disaster emergency shall
be given prompt and general publicity and shall be filed promptly
with the Pennsylvania Emergency Management Agency. The effect of a
declaration of a local disaster emergency is to activate the response
and recovery aspects of any and all applicable local emergency management
plans and to authorize the furnishing of aid and assistance thereunder.
The person appointed to assist the Emergency Management Coordinator
and to perform the tasks of Emergency Management Coordinator, if necessary,
in the appointed Coordinator's absence.
An occurrence or threat of widespread or severe damage, injury
or loss of life or property resulting from natural or human-made cause,
including but not limited to fire, flood, snowstorm, ice storm, tornado,
wind storm, hazardous material spill, water contamination, utility
failure, hazardous peacetime radiological incident, major transportation
accident, oil spill, epidemic, air contamination, blight, drought,
infestation, explosion or hostile military action or parliamentary
action, or similar occurrences resulting from terrorist activities,
riots, civil disorders and all other actions necessitated by emergency
circumstances.
Led by the Emergency Management Coordinator, and a committee
consisting of the Township Manager, Chief of Police, Township Secretary,
one Township Supervisor as appointed by the Chairman of the Bern Township
Board of Supervisors, Township staff, emergency management volunteers
or designees.
The person appointed to coordinate the emergency management
operations and all matters pertaining to emergency management within
Bern Township.
The employees, equipment and facilities of all Township departments,
boards, institutions and commissions, and all volunteer personnel,
equipment and facilities contributed by or obtained from volunteer
persons or agencies.
A program to coordinate mitigation, preparedness, response
and recovery activities for all emergency or disaster situations within
the Township of Bern. Such a program has an appointed Emergency Management
Coordinator.
Any person duly enrolled, identified and appointed by the
Emergency Management Coordinator, and assigned to participate in Emergency
Management operations, without remuneration.
The plan developed and maintained by the Emergency Management
Committee of Bern Township for the purpose of responding to all emergency
or disaster situations by identifying and organizing the disaster
relief force.
An executive order or proclamation by the Governor that implements
the disaster and recovery aspects of the Pennsylvania Emergency Management
Agency's plan and applicable local plans of the county or Township
programs affected.
An executive order or proclamation by the Governor that implements
the emergency response and recovery aspects of the Pennsylvania Emergency
Management Agency's plan and applicable plans of the county or
Township programs effected.
Any individual, firm, corporation, association or partnership,
including the plural as well as the singular, and both genders.
An agreement established prior to the occurrence of a natural
or human-made disaster to identify services and related costs for
outside persons to assist the Township in the event of a disaster.
The Township of Bern.
A.Â
There is hereby created an Emergency Management Committee for the
Township of Bern. The Emergency Management Committee shall consist
of a coordinator known as the "Emergency Management Coordinator,"
who shall be appointed by the Township Board of Supervisors. The Coordinator
shall be authorized to serve until replaced by another appointment
by the Township Board of Supervisors. The Coordinator may appoint
a staff as is necessary, but in all circumstances said appointments,
if any, shall be with the express approval of the Township Board of
Supervisors.
B.Â
The employees, equipment and facilities of all Township departments,
boards, institutions and commissions will be at the disposal of the
Emergency Management Committee and will participate as directed by
the Coordinator with the approval of the Township Board of Supervisors;
provided, however, that duties assigned to the various departments
shall be the same or similar to the normal activities of said department.
C.Â
During normal day-to-day activities each department head shall be
responsible for practicing emergency management within the department,
and final Emergency Management Committee authority will rest with
the Township Board of Supervisors; provided, however, that the Township
Board of Supervisors may delegate such final authority to the Township
Fire Marshall regarding the Fire Department and the Chief of Police
with regard to the Police Department.
The Emergency Management Committee shall:
A.Â
Identify departments and agencies to be included in the Emergency
Operations Plan as part of the relief force.
B.Â
Coordinate the recruitment, appointment and utilization of volunteer
personnel.
C.Â
Educate the population on actions necessary for the protection of
life and property in an emergency or disaster.
D.Â
Coordinate all preparedness activities, including maintaining primary
and alternate emergency operations centers.
E.Â
Identify mitigation opportunities within the Township and encourage
departments/agencies to implement mitigation measures.
F.Â
Provide prompt and accurate information regarding local disaster
emergencies to appropriate commonwealth and local officials and agencies
and the general public.
The Emergency Management Coordinator shall accomplish the following
tasks:
A.Â
Prepares and maintains an EOP for the municipality subject to the
promulgation of the elected officials; reviews and updates as required;
B.Â
Maintains coordination with the county EMA, and provides prompt information
on emergencies, as available;
C.Â
In coordination with the county EMA, identifies hazards and vulnerabilities
that may affect the municipality;
D.Â
Identifies resources within the municipality that can be used to
respond to a major emergency or disaster situation and requests needed
resources from mutual aid partners or the county EMA;
E.Â
Develops and maintains a trained staff and current emergency response
checklists appropriate for the emergency needs and resources of the
community;
F.Â
Mobilizes the EOC and acts as or delegates the command function within
the EOC during an emergency;
G.Â
Compiles cost figures for the conduct of emergency operations; and
H.Â
Attends training and workshops provided by the county and other sources
to maintain proficiency and currency in emergency management and emergency
response planning and procedures.
A.Â
When circumstances within the Township of Bern indicate that the
occurrence or threat of occurrence of widespread or severe damage,
injury or loss of life or property from natural or human-made cause
exists, the Bern Township Chairperson, Vice-Chairperson, or in their
absence the Emergency Management Coordinator, or other designated
official, may declare a local state of emergency/disaster.
B.Â
The Emergency Management Coordinator shall implement the Emergency
Operations Plan as appropriate upon declaration of a local state of
emergency/disaster.
Personnel of the disaster relief force, while on duty, shall
have the following rights:
A.Â
If they are employees of the municipality or other governmental agency,
regardless of where serving, the powers, duties, rights, privileges
and immunities and the compensation incidental to their employment.
B.Â
If they are not employees of the municipality or other governmental
agency, they shall be afforded the same rights and immunities as provided
for by law.
The Bern Township Board of Supervisors shall provide for the
temporary movement and reestablishment of essential government offices
in the event that existing facilities cannot be used.
Neither the Township of Bern, its agents, employees or representatives
engaged in any emergency services activities, person under contract
with them to provide equipment or work on a cost basis to be used
in disaster relief, or any person, firm, corporation or an agent or
employee of any of them engaged in disaster services activities, except
in cases of willful misconduct or gross negligence, while complying
with or attempting to comply with this article or any rule or regulation
promulgated pursuant to the provisions of this part, shall be liable
for the death of or any injury to persons or loss or damage to property
as a result of that activity.
It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces in the enforcement of accomplishment of any rule or regulation issued pursuant to this article or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or other means of identification as a member of the emergency services forces of the Township of Bern unless authority to do so has been granted to such person by proper officials. Convictions for violations of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
[Adopted 9-6-2011 by Ord. No. 270-2011]
The purpose of this article is:
A.Â
To authorize the creation of an organization to plan and prepare
in advance of a major disaster for orderly and expeditious post-disaster
recovery and to direct and coordinate recovery and reconstruction
activities; and
B.Â
To direct the preparation of a pre-event plan for post-disaster recovery
and reconstruction to be updated on a continuing basis; and
C.Â
To authorize in advance of a major disaster the exercise of certain
planning and regulatory powers related to disaster recovery and reconstruction
to be implemented upon declaration of a local emergency; and
D.Â
To identify means by which Bern Township will take cooperative action
with other governmental entities in expediting recovery; and implement
means by which Bern Township will consult with and assist citizens,
businesses, and community organizations during the planning and implementation
of recovery and reconstruction procedures.
For the purpose of this article, certain words herein are defined
as follows:
A field survey to determine levels of damage for structures
and identify the condition of structures.
A plan prepared for the clearing and removal of debris, generated
by a natural or human-made disaster, from public or personal properties.
The person appointed to assist the Emergency Management Coordinator
and to perform the tasks of Emergency Management Coordinator, if necessary,
in the appointed Coordinator's absence.
A temporary hold, for a defined period of time, on the issuance
of building permits, approval of land use applications or other permits
and entitlements related to the use, development, redevelopment, repair,
and the occupancy of private property in the interests of protection
of life and property.
A center established by FEMA for coordinating disaster response
and recovery operations, staffed by representatives of federal, state,
and local agencies as identified in the federal response plan (FRP)
and determined by disaster circumstances.
A multi-agency center organized by FEMA for coordinating
assistance to disaster victims.
A local emergency, as defined by the municipal Code, which
has been declared by the Bern Township Board of Supervisors for a
specific disaster and has not been terminated.
The person appointed to coordinate the emergency management
operations and all matters pertaining to emergency management within
Bern Township.
Any natural occurrence that results in the declaration of
a state of emergency and shall include earthquakes, fires, floods,
wind storms, hurricanes, etc.
An official map of the community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
A federal program that assists states and local communities
in implementing long-term hazard mitigation measures following a major
disaster declaration.
Any building or structure listed or eligible for listing
on the National Register of Historic Places, as specified by federal
regulation, the state register of historic places or points of interest,
or a local register of historic places, and any buildings and structures
having historic significance.
The same as the prior building or structure in size, height
and shape, type of construction, number of units, general location
and appearance.
Any natural catastrophe (including hurricane, tornado, storm,
high water, wind-driven water, earthquake, volcanic eruption, landslide,
mudslide, snowstorm or drought), or, regardless of cause, any fire,
flood, or explosion, which in the determination of the President of
the United States causes damage of sufficient severity and magnitude
to warrant major disaster assistance under the Stafford Act to supplement
the efforts and available resources of states, jurisdictions, and
disaster relief organizations in alleviating the damage, loss, hardship,
or suffering caused thereby.
A plan to coordinate efforts of the government in providing
response to natural disasters, technological emergencies, and other
incidents requiring federal assistance under the Stafford Act in an
expeditious manner.
A claim by a local jurisdiction for financial reimbursement
for repair or replacement of a public facility damaged in a major
disaster, as authorized under the Stafford Act and related federal
regulations, plans, and policies.
The rebuilding of permanent replacement housing, construction
of large-scale public or private facilities badly damaged or destroyed
in a major disaster, addition of major community improvements, and
full restoration of a healthy economy.
The process by which most of private and public buildings
and structures not severely damaged or destroyed in a major disaster
are repaired and most public and commercial services are restored
to normal.
An interdepartmental organization that coordinates Bern Township
staff actions in planning and implementing disaster recovery and reconstruction
functions. The Commission shall consist of the Emergency Management
Committee and the Zoning Officer/Building Inspector, with the support
of the Bern Township Board of Supervisors.
A pre-event plan for post-disaster recovery and reconstruction,
composed of policies, plans, implementation actions, and designated
responsibilities related to expeditious and orderly post-disaster
recovery and rebuilding, with an emphasis on mitigation.
A post-disaster strategic program identifying and prioritizing
major actions contemplated or under way regarding such essential recovery
functions as business resumption, economic reinvestment, industrial
recovery, housing replacement, infrastructure restoration, and potential
sources of financing to support these functions.
An element of the comprehensive, long-term general plan for
the physical development of a community that addresses protection
of the community from unreasonable risks associated with the effects
of earthquakes, landslides, flooding, wildland and urban fires, wind
and other natural and technological disasters.
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Public Law 93-288, as amended).
The Township of Bern.
There is hereby created the Recovery Commission for the purpose
of coordinating Bern Township actions in planning and implementing
disaster recovery and reconstruction activities.
A.Â
The Recovery Commission shall have such powers as enable it to carry
out the purposes, provisions and procedures of this chapter, as identified
in this article.
B.Â
When an emergency declaration is not in force, the Recovery Commission
shall meet monthly or more frequently. After a declaration of emergency,
and for the duration of that declared emergency period, the Recovery
Commission shall meet daily or as frequently as determined by the
Emergency Management Coordinator.
C.Â
In the absence of the Emergency Management Coordinator, the Deputy
Emergency Management Coordinator, or in his absence, the Chairman
of the Board of the Bern Township Supervisors, or his/her designee,
shall carry out the duties and lead the Recovery Commission.
Before a major disaster, the Recovery Commission shall prepare
a pre-event plan for post-disaster recovery and reconstruction, referred
to as the recovery plan, which shall be comprised of pre-event and
post-disaster policies, plans, implementation actions, and designated
responsibilities related to expeditious and orderly post-disaster
recovery and rebuilding, and will incorporate hazard mitigation consideration
in all elements of the plan.
A.Â
The recovery plan shall address policies, implementation actions
and designated responsibilities for such subjects as business resumption,
damage assessment, demolitions, debris removal and storage, expedited
repair permitting, fiscal reserves, hazards evaluation, hazard mitigation,
historical buildings, illegal buildings and uses, moratorium procedures,
nonconforming buildings and uses, rebuilding plans, redevelopment
procedures, relation to emergency response plan and comprehensive
general plan, restoration of infrastructure, restoration of standard
operating procedures, temporary and replacement housing, and such
other subjects as may be appropriate to expeditious and wise recovery.
B.Â
The recovery plan shall identify relationships of planned recovery
actions with those of adjacent communities and state, federal, or
mutual aid agencies involved in disaster recovery and reconstruction,
including but not limited to the Federal Emergency Management Agency
(FEMA), the Pennsylvania Emergency Management Agency (PEMA), the American
Red Cross, the Department of Housing and Urban Development (HUD),
the Small Business Administration (SBA), the Environmental Protection
Administration (EPA), the Department of Environmental Protection (DEP),
the Pennsylvania Department of Transportation (PennDOT), and other
entities that may provide assistance in the event of a major disaster.
C.Â
Following formulation, the recovery plan shall be provided to the
Bern Township Board of Supervisors for review and approval.
D.Â
The Recovery Commission shall be responsible for implementation of
the plan both before and after a major disaster, as applicable. Before
a declaration of emergency, the Emergency Management Coordinator,
or his designee, shall prepare and submit reports annually, or more
frequently as necessary, to fully advise the Bern Township Board of
Supervisors on the progress of preparation or implementation of the
recovery plan. After declaration of emergency in a major disaster,
the Emergency Management Coordinator, or his designee, shall report
to the Bern Township Board of Supervisors as often as necessary on
implementation actions taken in the post-disaster setting, identify
policy and procedural issues, and receive direction and authorization
to proceed with plan modifications necessitated by specific circumstances.
E.Â
The Recovery Commission shall organize and conduct periodic training
and exercises annually, or more often as necessary, in order to develop,
convey, and update the contents of the recovery plan. Such training
and exercises will be conducted in coordination with similar training
and exercises related to the emergency operations plan.
F.Â
The recovery plan shall be prepared in coordination with related
elements of the Bern Township Comprehensive and Emergency Operation
Plans, or such other plans as may be pertinent. Such related plan
elements shall be periodically amended by the Bern Township Board
of Supervisors to be consistent with key provisions of the recovery
plan, and vice versa.
The following general provisions shall be applicable to implementation
of this chapter following a disaster declaration:
A.Â
Following a disaster declaration, and while such declaration is in
force, the Recovery Commission shall have authority to exercise powers
and procedures authorized by this chapter, subject to extension, modification,
or replacement of all or portions of these provisions by separate
ordinances adopted by the Bern Township Board of Supervisors.
B.Â
The Recovery Commission shall direct and control post-disaster recovery
and reconstruction operations, including but not limited to the following:
(1)Â
Activate and deploy damage assessment teams to identify damaged structures
and to determine further actions that should be taken regarding such
structures;
(2)Â
Activate and deploy hazards evaluation teams to locate and determine
the severity of natural or technological hazards that may influence
the location, timing, and procedures for repair and rebuilding processes;
(3)Â
Maintain liaison with other public and private entities, such as
FEMA, PEMA and the American Red Cross, in providing necessary information
on damaged and destroyed buildings or infrastructure, natural and
technological hazards, street and utility restoration priorities,
temporary housing needs and similar recovery concerns;
(4)Â
Establish "one-stop" field offices located in or near impacted areas
where appropriate, staffed by trained personnel from appropriate departments,
to provide information about repair and rebuilding procedures, issue
repair and reconstruction permits, and provide information and support
services on such matters as business resumption, industrial recovery,
and temporary and permanent housing;
(5)Â
Activate streamlined procedures to expedite repair and rebuilding
of properties damaged or destroyed in the disaster;
(6)Â
Recommend to the Bern Township Board of Supervisors and other appropriate
entities necessary actions for reconstruction of damaged infrastructure;
(7)Â
Prepare plans and proposals for actions by the Bern Township Board
of Supervisors for redevelopment projects, redesign of previously
established projects or other appropriate special measures addressing
reconstruction of heavily damaged areas;
(8)Â
Formulate proposals for action by the Bern Township Board of Supervisors
to amend the Bern Township Comprehensive Plan, Emergency Operations
Plan, and other relevant plans, programs, and regulations in response
to new needs generated by the disaster;
(9)Â
Such other recovery and reconstruction activities identified in the
recovery plan or by this chapter, or as deemed by the Recovery Commission
as necessary to public health, safety, and well-being.
(10)Â
The Recovery Commission shall secure and direct temporary paid
personal (such as clerical staff; structural engineers, medical providers,
etc.), in the event that an adequate amount of volunteers in addition
to Township staff are not available, and direct the purchase of supplies
for emergency recovery purposes, only after verbal approval of the
majority of the Board of Supervisors and subject to their ratification
at the next Board of Supervisors public meeting. The Recovery Commission
shall keep record of all committed expenditures made in the emergency
recovery effort, shall make available for review by the Board of Supervisors
at any time, and shall submit an accounting of the expenditures to
the Board of Supervisors on a weekly basis.
C.Â
The Recovery Commission shall coordinate recovery and reconstruction
actions with those of state, federal, or mutual aid agencies involved
in disaster response and recovery, including but not limited to the
Federal Emergency Management Agency (FEMA), the Pennsylvania Emergency
Management Agency (PEMA), the American Red Cross, the Department of
Housing and Urban Development (HUD), the Small Business Administration
(SBA) and other entities that provide assistance in the event of a
major disaster. Intergovernmental coordination tasks including but
not limited to the following:
(1)Â
Assign trained personnel to provide information and logistical support
to the FEMA disaster field office;
(2)Â
Supply personnel to provide information support for FEMA disaster
recovery centers (DRCs);
(3)Â
Participate in damage assessment surveys conducted in cooperation
with FEMA and other entities;
(4)Â
Cooperate in the joint establishment with other agencies of one-stop
service centers for issuance of repair and reconstruction options
and permits, business resumption support, counseling regarding temporary
and permanent housing, and other information regarding support services
available from various governmental and private entities;
(5)Â
Coordinate the preparation and submission of supporting documentation
for damage survey reports (DSRs) to FEMA;
(6)Â
Determine whether damaged structures and units are within floodplains
identified on Flood Insurance Rate Maps (FIRMs) and whether substantial
damage has occurred;
(7)Â
Implement such other coordination tasks as may be required under
the specific circumstances of the disaster.
The Recovery Commission shall have the authority to administer
the provisions of this section temporarily modifying provisions of
the Code of the Township of Bern dealing with building and occupancy
permits, demolition permits, and restrictions on the use, development
or the occupancy of private property, provided that such action, in
the opinion of the Recovery Commission, is reasonably justifiable
for protection of life and property, mitigation of hazardous conditions,
avoidance of undue displacement of households or businesses, or prompt
restoration of public infrastructure.
A.Â
The provisions of this section shall be in effect from the date of
a local emergency declaration following a declared disaster until
termination of a state of local emergency, or until these provisions
are extended, modified, replaced by new provisions, or terminated,
in whole or in part, by action of the Bern Township Board of Supervisors
through separate ordinances.
B.Â
The Recovery Commission shall direct damage assessment teams having
authority to conduct field surveys of damaged structures and post
placards designating the condition of such structures as follows:
(1)Â
A placard indicating "Inspected — Lawful Occupancy Permitted"
is to be posted on any building in which no apparent structural hazard
has been found. This does not mean there are not other forms of damage
that may temporarily affect occupancy. This is commonly known as the
"green tag" placard.
(2)Â
A placard indicating "Restricted Use" is to be posted on any building
in which damage has resulted in some form of restriction to continued
occupancy. The individual posting this placard shall note in general
terms the type of damage encountered and shall clearly and concisely
note the restrictions on continued occupancy. This is commonly known
as the "yellow tag" placard.
(3)Â
A placard indicating "Unsafe — Do Not Enter or Occupy" is to
be posted on any building that has been damaged to the extent that
continued occupancy poses a threat to life safety. Buildings posted
with this placard shall not be entered under any circumstances except
as authorized in writing by the department that posted it on the building
or by authorized members of damage assessment teams. The individual
posting this placard shall note in general terms the type of damage
encountered. This placard is not to be considered a demolition order.
This is commonly known as the "red tag" placard.
(4)Â
This chapter and section number, the name of the department, its
address, and phone number shall be permanently affixed to each placard.
(5)Â
Once a placard has been attached to a building, it shall not be removed,
altered or covered until done so by an authorized representative of
Bern Township or upon written notification from Bern Township.
C.Â
The Recovery Commission shall have the authority to remove from public
rights-of-way debris and rubble, trees, damaged or destroyed cars,
trailers, equipment, and other private property, without notice to
owners, provided that in the opinion of the Recovery Commission such
action is reasonably justifiable for protection of life and property,
provision of emergency evacuation, assurance of firefighting or ambulance
access, mitigation of otherwise hazardous conditions, or restoration
of public infrastructure. The Recovery Commission shall also have
the authority to secure emergency waivers of environmental regulations
from state and federal authorities and to call upon outside support
from such agencies for debris clearance, hazardous materials spills,
and restoration of ground access.
D.Â
The Recovery Commission shall establish a one-stop center, staffed
by representatives of pertinent departments, for the purpose of establishing
and implementing streamlined permit processing to expedite repair
and reconstruction of buildings, and to provide information support
for provision of temporary housing and encouragement of business resumption
and industrial recovery. The Recovery Commission shall establish such
center and procedures in coordination with other governmental entities
that may provide services and support, such as FEMA, PEMA, SBA, the
American Red Cross or HUD.
E.Â
The Recovery Commission shall have the authority to issue permits
in any residential, commercial, industrial or other zone for the temporary
use of property that will aid in the immediate restoration of an area
adversely impacted by a declared disaster, subject to the following
provisions:
(1)Â
Any police, fire, emergency medical, or emergency communications
facility that will aid in the immediate restoration of the area may
be permitted in any zone for the duration of the declared emergency;
(2)Â
Temporary use permits may be issued in any zone, with conditions,
as necessary, provided written findings are made establishing a factual
basis that the proposed temporary use:
(3)Â
Temporary use permits may be issued for a period not to exceed one
year following the declaration of local emergency.
F.Â
Following a declared disaster, temporary emergency repairs to secure
structures and property damaged in the disaster against further damage
or to protect adjoining structures or property may be made by the
owner of the property, his contractor or designee without fee or permit
where such repairs are not already exempt under other provisions of
the Uniform Construction Code. The building inspector must be notified
of such repairs within 10 working days, and regular permits with fees
may then be required.
G.Â
Except for temporary repairs issued under provisions of this article,
all other repairs, restoration, and reconstruction of buildings damaged
or destroyed in the disaster shall be approved through permit under
provisions of the Uniform Construction Code. Fees for such repair
and reconstruction permits may be deferred until issuance of certificates
of occupancy.
H.Â
Buildings damaged or destroyed in the disaster that are legally nonconforming
as to use, yards, height, number of stories, lot area, floor area,
residential density, parking or other provisions of the Bern Township
Code, may be repaired and reconstructed in-kind, provided that:
(1)Â
The building is damaged in such a manner that the structural strength
or stability of the building is appreciably lessened by the disaster
and is less than the minimum requirements of the Bern Township Code
for a new building;
(2)Â
All structural, plumbing, electrical, and related requirements of
the Bern Township Code are met at current standards;
(3)Â
The building is reconstructed to the same configuration, floor area,
height, and occupancy as the original building or structure;
(4)Â
No portion of the building or structure encroaches into an area planned
for widening or extension of existing or future streets as determined
by the comprehensive general plan;
(5)Â
Repair or reconstruction shall commence within one year of the date
of the declaration of local emergency in a disaster and shall be completed
within two years of the date on which permits are issued.
(6)Â
Nothing herein shall be interpreted as authorizing the continuation
of a nonconforming use beyond the time limits set forth under other
sections of the Bern Township Code that were applicable to the site
prior to the disaster.
The Recovery Commission shall have authority to order the condemnation
and demolition of buildings and structures damaged in the disaster
under the standard provisions of the Bern Township Code, except as
otherwise indicated below:
A.Â
Within 10 days after the disaster, the building official shall notify
the property owner, and the State Historic Preservation Officer (if
the structure is registered), that one of the following actions will
be taken with respect to any building or structure determined by the
building official to represent an imminent hazard to public health
and safety or to pose an imminent threat to the public right-of-way:
(1)Â
Where possible, within reasonable limits as determined by the building
official, the building or structure shall be braced or shored in such
manner as to mitigate the hazard to public health and safety or the
hazard to the public right-of-way.
(2)Â
Whenever bracing or shoring is determined not to be reasonable, the building official shall give the property owner notice to cause the building or structure to be condemned and immediately demolished. The property owner shall be afforded the opportunity of having the non-registered historic structure demolished to remove the threat to public health, safety or the public right-of-way. Within fourteen days after providing such notice, and the threat to public health, safety or the public right-of-way has not been removed, the building official shall require the property owner to sign the Right of Entry Agreement and Consent to Condemnation and Demolition form.[1]
[1]
Editor's Note: The Right of Entry Agreement and Consent to Condemnation and Demolition form is included at the end of this chapter.
B.Â
If, after the specified time frame noted in § 13-17A and less than 30 days after the disaster, a historic building or structure is determined by the building official to represent a hazard to the health and safety of the public or to pose a threat to the public right-of-way, the building official shall notify the property owner of the intent to proceed with a condemnation hearing within 30 business days of the notice in accordance with Bern Township Code; the building official shall also notify FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, of the intent to hold a condemnation hearing.
C.Â
Within 30 days after the disaster, for any historic building or structure
which the building official and the owner have agreed to demolish,
the building official shall submit to FEMA, in accordance with the
National Historic Preservation Act of 1966, as amended, a request
for approval to demolish. Such request shall include all substantiating
data.
D.Â
If, after 30 days from the event, the building official and the owner
of a historic building or structure agree that the building or structure
should be demolished, such action will be subject to the review process
established by the National Historic Preservation Act of 1966, as
amended.
The Recovery Commission shall assign staff to work with FEMA, PEMA, SBA, HUD, and other appropriate governmental and private entities to identify special programs by which provisions can be made for temporary or permanent replacement housing that will help avoid undue displacement of people and businesses. Such programs may include deployment of manufactured housing and manufactured housing developments under the temporary use permit procedures provided in § 13-16 of this article, use of SBA loans, and available Section 8 and Community Development Block Grant funds to offset repair and replacement housing costs, and other initiatives appropriate to the conditions found after a declared disaster.
Prior to a major disaster, the Recovery Commission shall establish
a comprehensive hazard mitigation program that includes both long-term
and short-term components.
A.Â
The long-term component shall be prepared and adopted by resolution
of the Board of Supervisors as the safety or natural hazards element
of the Bern Township Comprehensive Plan for the purpose of enhancing
long-term safety against future disasters. The safety element shall
identify and map the presence, location, extent and severity of natural
hazards, such as:
(1)Â
Severe flooding;
(2)Â
Wildland and urban fires;
(3)Â
Seismic hazards such as ground shaking and deformation, fault rupture,
liquefaction, tsunamis, and dam failure;
(4)Â
Slope instability, mudslides, landslides, and subsidence;
(5)Â
Hurricanes and other high winds;
(6)Â
Technological hazards, such as oil spills, natural gas leakage and
fires, hazardous and toxic materials contamination, and nuclear power
plant and radiological accidents.
B.Â
The safety element shall determine and assess the community's
vulnerability to such known hazards and shall propose measures to
be taken both before and after a declared disaster to mitigate such
hazards. It shall contain linkages between its own provisions and
those of other Comprehensive Plan elements including, but not limited
to, land use, transportation, housing, economic development, and any
other pertinent element, so that development and infrastructure decisions
will incorporate considerations of natural hazards.
C.Â
A short-term hazard mitigation program shall be included in the recovery
plan. It shall be comprised of hazard mitigation program elements
of the highest priority for action, including preparation and adoption
of separate ordinances dealing with specific hazard mitigation and
abatement measures, as necessary. Such ordinances may require special
site planning, land-use, and development restrictions or structural
measures in areas affected by flooding, urban/wildland fire, wind,
seismic, or other natural hazards, or remediation of known technological
hazards, such as toxic contamination.
At the earliest practicable time following the declaration of
local emergency in a disaster, the Recovery Commission shall prepare
a strategic program for recovery and reconstruction based on the pre-disaster
plan and its policies.
A.Â
To be known as the recovery strategy, the proposed strategic program
shall identify and prioritize major actions contemplated or underway
regarding such essential functions as business resumption, economic
reinvestment, industrial recovery, housing replacement, infrastructure
restoration, and potential sources of financing to support these functions.
B.Â
The recovery strategy shall be forwarded to the Board of Supervisors
for review and approval following consultation with other governmental
agencies and business and citizen representatives. The recovery strategy
shall provide detailed information regarding proposed and ongoing
implementation of initiatives necessary to the expeditious fulfillment
of critical priorities and will identify amendment of any other plans,
codes, or ordinances that might otherwise contradict or block strategic
action. The Recovery Commission shall periodically report to the Board
of Supervisors regarding progress toward implementation of the recovery
strategy, together with any adjustments that may be called for by
changing circumstances and conditions.
It shall be unlawful for any person willfully to obstruct, hinder or delay any recovery commission forces in the enforcement of accomplishment of any rule or regulation issued pursuant to this article or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. Convictions for violations of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
