The Zoning Officer of the Borough of Greencastle is hereby appointed
to administer and enforce this chapter and is referred to herein as
the Floodplain Administrator.
A land use permit shall be required before any construction or development is undertaken within any area of the Borough of Greencastle in accordance with § 205-35 of the Code of the Borough of Greencastle, as amended from time to time.
A.
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 and all other applicable
codes and ordinances.
B.
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 (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No land use permit shall be issued until this determination has been
made.
C.
(Reserved)
D.
During the construction period, the Floodplain Administrator or other
authorized official may 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 may make as many inspections during and upon completion
of the work as are necessary.
E.
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.
F.
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 may revoke the land
use permit and report such fact to the Council of the Borough of Greencastle
for whatever action it considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2006 IBC and the 2006 IRC or latest revisions
thereof.
A.
In addition to the requirements for the issuance of a land use permit,
applications for a land use permit within a floodplain shall contain:
(1)
A listing of other permits required.
(2)
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(3)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
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 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 floatation, 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, air conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed land use permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation;
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (see § 122-18) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point;
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development;
(e)
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(5)
Applications for land use permits within the Floodplain shall be
accompanied by a fee as set by resolution from time to time. The applicant
shall be responsible for any other costs in excess of the initial
permit fee which the Borough may incur in reviewing the application.
The Floodplain Administrator may require the estimated cost of such
additional expense be submitted to the Borough prior to reviewing
the application.
A copy of all applications and plans for any proposed construction
or development in any floodplain district to be considered for approval
shall be submitted by the Zoning Officer to the Franklin County Conservation
District for review and comment prior to the issuance of a land use
permit. The recommendations of the Conservation District shall be
considered by the Zoning Officer 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., planning commission,
municipal engineer, etc.) for review and comment.
After the issuance of a land use 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 land use 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 permit and the date of its issuance and be signed by
the Floodplain Administrator.
A.
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the land use 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 basement, footings,
piers, or foundations, erection of temporary forms, the installation
of piling under proposed subsurface footings, or the installation
of sewer, gas and water pipes, or electrical or other service lines
from the street.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant at least 60 days prior to the expiration of the permit,
which sets forth sufficient and reasonable cause for the Floodplain
Administrator to approve such a request.
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 of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a summary offense and upon conviction shall pay a fine to Borough
of Greencastle of not less than $50 nor more than $600 plus costs
of prosecution. Each day that a violation continues shall be a separate
violation. In addition to the above penalties, the Borough reserves
the right to commence an action in equity for the proper enforcement
of this chapter or any other action permitted by law or equity. 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 noncompliance within the time
prescribed by the Floodplain Administrator or Court of competent jurisdiction.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by the Council of the Borough of Greencastle
to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter, may appeal to the Zoning Hearing Board in accordance with Article VIII of the Zoning Ordinance of the Borough of Greencastle.[1] Such appeal must be filed, in writing, within 30 days
after the decision, determination or action of the Floodplain Administrator.
