Land use permits shall be required before any construction or development is undertaken within any area of the Borough.
A. 
The Zoning Officer shall issue a land use permit for any construction or development to be located entirely or partially within any identified floodplain area 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 chapters.
B. 
Prior to the issuance of any zoning permit, the Zoning Officer 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[1] (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act[2] (Act 1 978-325, as amended); the Pennsylvania Clean Streams Act[3] (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
In the case of existing structures, prior to the issuance of any land use permit, the Zoning Officer shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
D. 
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 Borough and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection (DEP).
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development (DCED), shall be notified by the Borough prior to any alteration or relocation of any watercourse.
A. 
Application for such a land use permit shall be made, in writing, to the Zoning Officer on forms supplied by the Borough. Such application shall comply with Chapter 175, Building Permits, and any other relevant portion of the Borough Code. Such application shall contain the following:
(1) 
Name and address of the applicant.
(2) 
Name and address of owner of land on which the proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location, including physical address.
(5) 
Listing of other permits required.
(6) 
Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and market value of the building before the flood damage occurred.
(7) 
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 land use permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform to 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; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
Applicants shall file the following minimum information, plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
(1) 
A completed land use 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) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;
(e) 
The location of all existing streets, drives and other accessways; and
(f) 
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:
(a) 
The proposed lowest elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the one-hundred-year flood;
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;
(d) 
Detailed information concerning any proposed floodproofing measures; and
(e) 
Any supplemental information as may be necessary under 34 Pa. Code Chapters 401 through 405, as amended, and Section 1612.5.1, Sections 104.7 and 109.3 of the 2003 IBC[1] and Sections R106.1.3 and R104.7 of the 2003 IRC.[2]
[1]
Editor's Note: "IBC" refers to the International Building Code.
[2]
Editor's Note: "IRC" refers to the International Residential Code.
(4) 
The following data and documentation:
(a) 
Documentation, certified by a 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.
(b) 
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 one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(c) 
Detailed information needed to determine compliance with §§ 221-23 and 221-25 of this Code, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 221-23 and 221-25 which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 221-25 during a one-hundred-year flood.
(d) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(e) 
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.
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 Zoning Officer to the York County Conservation District for review and comment prior to the issuance of a land use permit. The review shall be completed no later than 45 days from the date the application is accepted by the Borough. 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 Zoning Officer to any other appropriate agencies and/or individuals (e.g., Borough Council, Municipal Engineer, etc.) for review and comment.
After the issuance of a land use permit by the Zoning Officer, 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 Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to Zoning Officer for consideration.
In addition to a land use permit, the Zoning 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 land use permit, the date of its issuance, and be signed by the Zoning Officer.
A. 
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 land use permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. 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 the 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 which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.
A. 
During the construction period, the Zoning Officer 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 shall make as many inspections during and upon completion of the work as are necessary.
B. 
In the discharge of his duties, the Zoning Officer 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.
C. 
In the event the Zoning Officer 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 Zoning Officer shall revoke the land use permit and report such fact to the Borough Council for whatever action it deems necessary.
D. 
A record of all such inspections and violations of this chapter shall be maintained.
E. 
The requirements of the 34 Pa. Code Chapters 401 through 405 and the IBC (Sections 109.3.3, 1612.5.1 and 103.8[1]) and the 2003 IRC (R106.1.3, R109.1.3 and R104.7) or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.
[1]
Editor's Note: The 2003, 2006 and 2009 versions of the IBC do not include a Section 103.8.
Applications for a land use permit shall be accompanied by a fee, payable to the municipality, with such fee to be set from time to time by the Borough Council by resolution. The initial fee shall be set at the current amount prevailing for conventional building permits within the Borough.
A. 
Any person aggrieved by any action or decision of the Zoning Officer concerning the administration of the provisions of this chapter may appeal to the Borough Council. Such appeal must be filed in writing within 30 days after the decision, determination or action of the Zoning Officer. Appeals of decisions related to the Uniform Construction Code or building permit process may be appealed to the Uniform Construction Code Board of Appeals. Such appeal must be filed in writing within 30 days after the decision, determination or action of the Uniform Construction Code enforcement entity serving the Borough.
B. 
Upon receipt of such appeal, the Borough Council 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.
C. 
Any person aggrieved by the decision of the Borough Council may seek relief therefrom by an appeal to court as provided by the laws of the commonwealth, including the Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.