[Ord. 5-2015, 12/3/2015]
1.
The Board of Supervisors shall, by resolution, appoint a floodplain
administrator to administer and enforce this chapter. The floodplain
administrator may:
A.
Fulfill the duties and responsibilities set forth in these regulations.
B.
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
C.
Enter into a written agreement or written contract with another agency
or private-sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
2.
The Board of Supervisors may, by resolution, appoint an alternate
floodplain administrator to serve in the absence of the floodplain
administrator.
[Ord. 5-2015, 12/3/2015]
1.
A land use permit, as defined in § 8-802, shall be required for any regulated activity proposed within a floodplain area. Land use permits shall be approved and issued by the floodplain administrator.
2.
Land use permits shall be issued only after it has been determined
that the proposed work has been planned and designed in conformance
with the requirements of this chapter and all other applicable regulations,
codes and ordinances.
3.
Land use permits shall be issued only after the applicant demonstrates
that all other applicable county, state and federal requirements have
been met.
4.
If an activity requiring a land use permit would result in modifications
to the boundary or elevation of the floodplain in an adjoining municipality,
then the approval of the affected municipality shall be required prior
to issuance of a land use permit by the Township.
5.
Prior to the issuance of any land use permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act, 35 P.S. § 750.1 et seq.; the Pennsylvania Dam Safety
and Encroachments Act, 32 P.S. § 693.1 et seq.; the Pennsylvania
Clean Streams Act, 35 P.S. § 691.1 et seq.; and the United
States Clean Water Act, Section 404, 33 U.S.C. § 1344. No
permit shall be issued until this determination has been made.
6.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities which may be
affected by such action have been notified by the Township and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection's regional office.
[Ord. 5-2015, 12/3/2015]
1.
The applicant shall notify the Pennsylvania DCED of any modifications
to the floodplain boundary or floodplain elevation. Confirmation of
such notification shall be provided to the Township in the form of
a certified-mail return receipt.
2.
The applicant shall notify the Township if a request is made for
either a letter of map revision (LOMR) or conditional letter of map
revision (CLOMR) from the Federal Emergency Management Agency (FEMA).
The final determination and letter issued by FEMA shall be provided
to the Township along with the supporting documentation, calculations,
analysis, etc., submitted to FEMA for the LOMR or CLOMR request.
[Ord. 5-2015, 12/3/2015]
1.
The floodplain administrator shall issue a land use permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this chapter and all other
applicable codes and ordinances.
2.
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the United States Clean Water Act,
Section 404, 33 U.S.C. § 1344. No permit shall be issued
until this determination has been made.
3.
In the case of existing structures, prior to the issuance of any
land use permit, the floodplain administrator shall review the history
of repairs to the subject building, so that any repetitive loss concerns
can be addressed before the permit is issued.
4.
During the construction period, the floodplain administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
5.
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
6.
In the event the floodplain administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the land
use permit and report such fact to the Board of Supervisors for whatever
action it considers necessary.
7.
The floodplain administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
8.
The floodplain administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
9.
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this chapter as the floodplain administrator/manager.
10.
The floodplain administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.
[Ord. 5-2015, 12/3/2015]
1.
Application for land use permits shall be made in writing to the
floodplain administrator on forms provided by the Township.
2.
The following information shall be submitted with the land use permit
application:
A.
A plan of the entire site, clearly and legibly drawn at a scale no
smaller than one inch equals 100 feet, and containing the following:
(1)
The names, addresses and telephone numbers of the applicant
and all property owners and developers, as well as the site location
and address.
(2)
The name, address and telephone number of the individual or
firm preparing the plan as well as the date that the plan was prepared
and date(s) of subsequent revisions.
(3)
The applicable FEMA Flood Insurance Rate Map and panel number.
(4)
The location of floodplains with the FEMA zone indicated (i.e.,
Zone A. Zone AE, etc.).
(5)
The floodplain area as identified in § 8-302 of this chapter in which regulated activities are proposed.
(7)
A listing of all local, county, state and federal permits required
for the proposed project.
(8)
The location of the project shown on a USGS 7.5-Minute Series
Topographic Map at a scale of one inch equals 2,000 feet.
(9)
A North arrow.
(10)
The property boundary, including the metes and bounds of all
lot lines, and the size of the property expressed in acres and square
feet.
(11)
The name and title reference of all adjoining properties.
(12)
Existing and proposed topographic contours shown at a maximum
two-foot contour interval in areas where slopes are 15% or less. In
areas where slopes are steeper than 15%, a five-foot contour interval
can be used. Topography shall be based upon the North American Vertical
Datum of 1988.
(13)
The location of all existing and proposed buildings, structures,
roads, utilities and other improvements, including the location of
any existing or proposed subdivision or land development, within the
project area. If the project would result in any modification to the
location or elevation of the floodplain, then the aforementioned features
shall be shown in any and all areas that would be impacted by the
floodplain modification(s).
(14)
Profile drawing details of proposed streets, drives and other
vehicular accessways, including rights-of-way and pavement widths.
(15)
Cross-section details of all proposed streets, drives and other
vehicular accessways, including existing and proposed grades and the
elevation of the one-hundred-year flood.
(16)
Profile drawings of all proposed sanitary sewer lines, water
mains and storm sewers.
(17)
The lowest floor elevation (and first-floor elevation, if not
the lowest floor) of any proposed building based upon the North American
Vertical Datum of 1988.
(18)
Existing waterways, water bodies and wetlands within the project
area. The absence or presence of wetlands shall be determined by a
qualified wetlands delineator according to the criteria contained
in the 1987 United States Army Corps of Engineers Wetlands Delineation
Manual.
(19)
An overlay showing soil names and boundaries with hydric soils
identified.
(20)
The locations of all utilities, sanitary sewers and water lines
in, and within 50 feet of, the project area.
(21)
A staging and implementation schedule for construction.
(22)
A statement, signed by the landowner, acknowledging that the
nature and scope of the activities depicted on the plan cannot be
modified without prior written authorization by the Township.
(23)
A note identifying the owner of all improvements and/or facilities
and the individual, party or entity responsible for maintenance and
operation of the same.
(24)
Detailed architectural or engineering drawings of all proposed
buildings and structures, including floor plans, sections, exterior
elevations, the elevation of all floors, including the basement, and
the elevation of the one-hundred-year flood.
(25)
A brief description of the proposed work and estimated cost,
including a breakout of the flood-related cost and, if relevant, the
market value of the building before the flood damage occurred.
(26)
A statement, signed by a registered professional engineer, who
states that the proposed structures and other improvements have been
adequately designed to withstand the applicable pressures, velocities,
impact and uplift forces of the one-hundred-year flood. An architect's
certification shall be accepted for structures.
B.
Technical documentation and data as follows:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(2)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(3)
Hydrologic and hydraulic analyses and design computations, certified
by a registered professional engineer, demonstrating the adequacy
of all proposed drainage structures, flood-conveyance structures and
flood-control measures.
(4)
Documentation, having sufficient detail to permit a thorough technical review, certified by a registered professional engineer, to demonstrate that the impact(s) (or lack thereof) of the regulated activity on the floodplain are in accordance with the provisions of § 8-402.
(8)
The appropriate component of the DEP's "Planning Module
for Land Development."
C.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary 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 chapter 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, and air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
D.
Where any excavation or grading is proposed, a plan, meeting the
requirements of the DEP, to implement and maintain erosion and sedimentation
control.
E.
The Township shall have the right to require additional information
it considers necessary to conduct an adequate review of the application.
[Ord. 5-2015, 12/3/2015]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the applicant to the York County
Conservation District for review and comment prior to the issuance
of a land use permit. The comments of the Conservation District shall
be considered by the Township prior to approving a land use permit.
[Ord. 5-2015, 12/3/2015]
A copy of all land use permit applications may be submitted
by the Township to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment. The comments generated by such reviews shall be considered
by the Township prior to approval of applications.
[Ord. 5-2015, 12/3/2015]
After the issuance of a land use permit by the Township, 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 Township.
Requests for any such change shall be in writing and shall be submitted
by the applicant to the Township for consideration.
[Ord. 5-2015, 12/3/2015]
In addition to the building permit, the Township's permit
officer 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 building permit and the date of its issuance and
be signed by the permit officer.
[Ord. 5-2015, 12/3/2015]
Land use permits shall be valid for the same period of time, and subject to the same renewals, as a zoning permit as established in the Township's Zoning Ordinance [Chapter 27].
[Ord. 5-2015, 12/3/2015]
1.
The Township or its designated official(s) shall have the authority
to enter the premises or development in the identified floodplain
area, upon presentation of proper credentials, at reasonable hours
to enforce the provisions of this chapter.
2.
In the event that the Township 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 the
applicant, the Township shall revoke the land use permit until such
time that appropriate remedial action is taken to bring the project
into compliance with the applicable regulations and terms of the approved
land use permit application.
3.
A record of all such inspections and violations of this chapter shall
be maintained by the Township.
4.
The requirements of Title 34 of the Pa. Code, the IBC, latest edition,
and the IRC, latest edition, pertaining to elevation certificates
and records retention shall be considered.
[Ord. 5-2015, 12/3/2015]
An application fee schedule shall be available at the Township
office at all times. The application fee shall be established by resolution
by the Board of Supervisors from time to time. In addition to the
application fee, the applicant shall be responsible to reimburse the
Township for any consulting fees that may be incurred as part of any
technical review of the application required to determine compliance
with this chapter.
[Ord. 5-2015, 12/3/2015]
1.
Except as provided in § 8-214, Subsection 4, any person aggrieved by any action or decision of the Township concerning the administration of the provisions of this chapter may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Building Permit Officer.
2.
Upon receipt of such appeal, the Board of Supervisors shall set a
time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
3.
Any person aggrieved by any decision of the Board of Supervisors
may seek relief therefrom by appeal to court, as provided by the laws
of this commonwealth, including the Pennsylvania Flood Plain Management
Act, 32 P.S. § 619.101 et seq.
[Ord. 5-2015, 12/3/2015]
1.
Notices. Whenever the Township or authorized representative determines
that there are reasonable grounds to believe that there has been a
violation of any provisions of this chapter, or of any regulations
adopted pursuant thereto, the Township shall give notice of such alleged
violation as hereinafter provided. Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
Be served upon the property owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
2.
If the Township's Zoning Officer determines that the violation also constitutes a violation of the Township's Zoning Ordinance [Chapter 27], then the Zoning Officer may also send a violation notice pursuant to and compliant with the Township's Zoning Ordinance [Chapter 27] and Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and the violator shall additionally be subject to the penalties prescribed therein.
3.
Penalties.
A.
Any person, firm or corporation who fails to comply with any or all
of the requirements or who shall violate any provision of this chapter,
or who fails or refuses to comply with any notice, order or direction
of the Township or its authorized representative shall be guilty of
an offense and, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000, plus costs and reasonable attorneys' fees incurred by
the Township in the proceeding, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this chapter continues or each section of
this chapter which shall be found to have been violated shall constitute
a separate offense.
B.
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of this chapter.
C.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliances within a reasonable
time.
D.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this chapter may be declared by the Board of Supervisors to be a public
nuisance, pursuant to Section 502(a) of the Flood Plain Management
Act, 32 P.S. § 679.502(a), and abatable as such.
