[Amended 2-18-2011 by Ord. No. 2011-01]
The Chief Zoning Officer within the Township of Hempfield is
hereby appointed to administer and enforce this chapter and is referred
to herein as the Floodplain Administrator.
Building permits shall be required before any construction or
development is undertaken within any area of the Township of Hempfield.
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.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., the Planning
and Zoning Commission, Township Engineer, etc.) for review and comment.
After the issuance of a building permit by the Floodplain Administrator,
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 Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
In addition to the building permit, the Floodplain Administrator
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, the date of its issuance and shall
be signed by the Floodplain Administrator.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the building permit, or the permit shall expire,
unless a time extension is granted, in writing, by the Floodplain
Administrator. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of a basement, footings, piers or foundations,
erection of temporary forms, installation of piling under proposed
subsurface footings or installation of sewer, gas and water pipes
or electrical or other service lines from the street.
[Amended 2-18-2011 by Ord. No. 2011-01]
Applications for a building permit shall be accompanied by a
fee, payable to the municipality, as set from time to time by resolution
of the Board of Supervisors.
[Amended 2-18-2011 by Ord. No. 2011-01]
A. Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as set forth in the CABO One- and Two-Family Dwelling Code, as adopted by the Township of Hempfield pursuant to Chapter
40, Building Code.
B. 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 or order of direction of the Floodplain
Administrator or any other authorized employee of the municipality
shall be guilty of an offense and, upon conviction, shall pay a maximum
fine to Township of Hempfield of $1,000, plus costs of prosecution.
In default of such payment, such person shall be imprisoned in the
county prison for a period not to exceed 30 days. Each day during
which any violation of this chapter continues 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 Board of
Supervisors of the Township of Hempfield to be a public nuisance and
to be abatable as such.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may exercise appeal rights, as provided in the Pennsylvania
Construction Code Act (Act 45 of 1999), adopted by the Township of Hempfield, and shall be governed
by the provisions of said code with respect to said appeals.