[Ord. 482 (2015-04), 12/16/2015]
1. The Borough Secretary is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
2. The Floodplain Administrator may: (a) fulfill the duties and responsibilities
set forth in these regulations; (b) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or (c) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
3. In the absence of the designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the President of Borough
Council.
4. Building permits shall be required before any construction or development
is undertaken within any area of the Borough of Glen Rock.
[Ord. 482 (2015-04), 12/16/2015]
1. The Floodplain Administrator shall issue a building 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.
2. Prior to the issuance of any zoning permit, 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); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33, U.S.C.
§ 1344, as amended. The latest revision/edition of the noted
ordinances, laws, rules or regulations shall apply. No permit shall
be issued until this determination has been made.
3. 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 of Glen
Rock and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office. In
addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development, shall be notified
by the Glen Rock Borough prior to any alteration or relocation of
any watercourse.
4. Prior to the issuance of any building permit, the Floodplain Administrator
shall determine that the applicant has acquired proper water and sewer
connection permits, if required. Proof thereof must be submitted to
the Floodplain Administrator in advance of the issuance of a building
permit.
[Ord. 482 (2015-04), 12/16/2015]
1. The Floodplain Administrator shall issue a 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.
2. Prior to the issuance of any 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); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended); the Pennsylvania Clean Streams Act (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.
3. In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss concerns can be addressed before the permit is issued.
4. During the construction period, the Floodplain Administrator 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/she shall make as many inspections during and upon
completion of the work as are necessary.
5. 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.
6. 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 shall revoke the permit
and report such fact to the Board, Council, etc. for whatever action
it considers necessary.
7. The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
8. The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
9. The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the Floodplain Administrator/Manager.
10. The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
[Ord. 482 (2015-04), 12/16/2015]
1. Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by Glen Rock Borough.
Such application shall contain the following:
A. Name and address of applicant.
B. Name and address of owner of land on which proposed construction
is to occur.
C. Name and address of contractor.
D. Site location including address.
E. Listing of other permits required.
F. Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
G. A plan of the site showing the exact size and location of the proposed
construction, as well as any existing buildings or structures.
2. If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
A. 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;
B. All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage;
C. Adequate drainage is provided so as to reduce exposure to flood hazards;
D. Structures will be anchored to prevent flotation, collapse, or lateral
movement;
E. Building materials are flood-resistant;
F. Appropriate practices that minimize flood damage have been used;
and
G. Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
3. 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:
A. A completed building permit application form.
B. 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:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, and other accessways
with information concerning widths;
(5)
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;
(6)
The location of all existing and proposed buildings, structures
and other improvements, public or private facilities and any other
natural or man-made features affecting, or affected by, the proposed
activity or development, including the location of any existing or
proposed subdivisions and land development in order to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
C. Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(1)
Detailed architectural or engineering drawings including building
size, floor plans, sections, and exterior building elevations, as
appropriate;
(2)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(3)
The elevation of the base flood;
(4)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood base flood; and floodway area when combined with
all other existing and anticipated development, will not increase
the base flood elevation at any point;
(5)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(6)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC;
(7)
The latest revision/edition of the noted ordinances, laws, rules
or regulations shall apply;
(8)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities;
and
D. The following data and documentation:
(1)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(2)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed construction
or development within an AE Area/District without floodway when combined
with all other existing and anticipated development, will not increase
the base flood elevation more than one foot at any point within the
community.
(3)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
within an FE or FA Area has been adequately designed to withstand
the pressures, velocities, impact and uplift forces and other hydrostatic,
hydrodynamic and buoyancy factors associated with the base flood.
(4)
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 to include the corresponding
elevations.
(5)
Detailed information needed to determine compliance with §
8-404, Subsection 1F, Storage, and §
8-406, Development Which May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances referred to in §
8-404, Subsection 1F, and §
8-406, which are intended to be used, produced, stored or otherwise maintained on site.
(b)
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 §
8-406 during a base flood.
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(8)
A certification in the form of a letter on the letterhead of
a qualified registered professional engineer, signed and sealed by
said registered professional engineer, either:
(a) Transmitting copies of permits obtained pursuant to the provisions of the statutes listed in §
8-202 hereof and the regulations enacted pursuant thereto; or
(b) Certifying to the Code Enforcement Officer/Building Permit Officer that no permit is required for the applicant's project by the statues listed in §
8-202 hereof and the regulations enacted pursuant thereto.
4. Applications for permits shall be accompanied by a fee, payable to
the municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
[Ord. 482 (2015-04), 12/16/2015]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to the
County Conservation District for review and comment prior to the issuance
of a permit. The Floodplain Administrator shall make the determination
as to whether such application shall be forwarded to the York County
Conservation District for review and recommendation. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
[Ord. 482 (2015-04), 12/16/2015]
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, Solicitor, hydrogeologic consultants) for review
and comment as a part of the permit process.
[Ord. 482 (2015-04), 12/16/2015]
After the issuance of a building permit by the Floodplain Administrator
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 Floodplain Administrator for consideration.
[Ord. 482 (2015-04), 12/16/2015]
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 be signed
by the Floodplain Administrator.
[Ord. 482 (2015-04), 12/16/2015]
1. 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, except that if the proposed structure is greater than
10,000 square feet, work shall be completed within two years after
the date of issuance of the permit. 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.
2. The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first, alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
3. Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request and the
original permit is compliant with this Chapter and FIRM/FIS in effect
at the time the extension is granted. Delays caused by a force of
nature shall be considered a reasonable cause of delay.
[Ord. 482 (2015-04), 12/16/2015]
Applications for a building permit shall be accompanied by a
fee, payable to the Glen Rock Borough, as set from time to time by
resolution. Said fee shall be based upon actual cost incurred by the
Borough for engineering, legal and administrative services rendered
by the Borough Engineer, Solicitor, Floodplain Administrator and the
consultants, and other Borough personnel in the course of review and
approval of plans and applications and during the course of development
and filed inspections. Upon completion of the applicant's project
and final inspection and approval thereof, the Borough, upon the written
request of the applicant, shall refund to the applicant any unused
portion of the aforesaid application fee. If, during the application
review process, the amount of the application fee is depleted to less
than 50% of the original amount thereof, the Borough may require the
applicant to deposit such additional funds with the Borough as are
necessary to restore the application fee account balance to its original
amount.
[Ord. 482 (2015-04), 12/16/2015]
1. 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 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:
B. Include a statement of the reasons for its issuance;
C. Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires;
D. 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; and
E. Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
2. Penalties.
A. Any person, firm or corporation 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 the Borough of Glen Rock of not more than $1,000 plus costs
of prosecution. In default of such payment, such person shall be imprisoned
in 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.
B. 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 Council to be a public
nuisance and abatable as such.
[Ord. 482 (2015-04), 12/16/2015]
1. 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 Uniform Construction Code Board of Appeals
regarding the issuance or denial of a building permit. For matters
regarding other aspects of the administration of this Chapter, the
applicant can appeal to the Glen Rock Borough Council. Such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
2. Upon receipt of such administrative 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.
3. Any person aggrieved by any decision of the Glen Rock Borough Council
may seek relief therefrom by appeal to the courts of the commonwealth,
as provided by the laws of this commonwealth, including the Pennsylvania
Flood Plain Management Act.