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.[1]
Requirements are addressed in the land use permit Ordinance
No. 2011-14.[1] 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.
A.
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.
B.
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.
A.
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.
B.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
A.
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:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
(4)
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;
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter.
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, 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.
C.
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).
