A land use permit shall be required for all construction and development within any floodplain District, which shall include, but not be limited to, buildings or other structures, paving, grading, filling, excavation, mining, dredging, or drilling activities. Permits shall be administered in accordance with the land use permit requirements set forth in Ordinance No. 2011-14.
Requirements are addressed in the land use permit Ordinance No. 2011-14. Applicants shall file permit applications in accordance with the requirements of Land Use Permit Ordinance No. 2011-14.
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 Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
The Borough may submit a copy of all plans and applications for any proposed subdivision or land development in an identified floodplain area under consideration for approval to any appropriate agencies and/or individuals for review and comment.
The Borough may submit a copy of all plans and applications for any proposed subdivision or land development in an identified floodplain area under consideration for approval to the Franklin County Conservation District for review and comment prior to review by the Borough Council.
The Zoning Officer of the Borough of Chambersburg or his designee is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.
Notices. Whenever the Floodplain Administrator 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 Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
Be in writing;
Include a statement of the reasons for its issuance;
Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires;
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;
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
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 or direction of the Floodplain Administrator or any other authorized employee of the Borough shall be guilty of a summary offense and, upon conviction, shall pay a fine to the Borough of Chambersburg of not less than $100 nor more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 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. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. 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. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by the Borough of Chambersburg to be a public nuisance and abatable as such.
Appeals. Any person aggrieved by the application, administration, or enforcement of the provisions of this chapter may appeal to the Zoning Hearing Board of the Borough of Chambersburg in accordance with the procedures set forth in the Chambersburg Borough Zoning Ordinance (Chapter 300 of the Code of the Borough of Chambersburg, as amended from time to time).