A.
The Zoning
Officer is hereby appointed to administer and enforce this chapter
and is referred to herein as the "floodplain administrator."
B.
The floodplain
administrator may:
(1)
Fulfill
the duties and responsibilities set forth in these regulations;
(2)
Delegate
duties and responsibilities set forth in these regulations to qualified
technical personnel, plan examiners, inspectors, and other employees;
or
(3)
Enter
into a written agreement or written contract with another agency or
private sector entity to administer specific provisions of these regulations.
C.
Administration
of any part of these regulations by another entity shall not relieve
the Borough 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.
A permit shall be required before any construction or development
is undertaken within any area of the Borough.
A.
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 chapter and all other applicable
codes and ordinances.
B.
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.
C.
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.
D.
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.
E.
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 Borough Council for whatever action it considers
necessary.
F.
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.
G.
The floodplain administrator is the official responsible for submitting
a biennial report to FEMA concerning Borough participation in the
National Flood Insurance Program.
H.
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated but the ultimate
responsibility lies with the Zoning Officer.
I.
The floodplain administrator shall consider the requirements of the
UCC.
A.
An application for a permit required by this chapter shall be made,
in writing, to the floodplain administrator on forms supplied by the
Borough. Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
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.
(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 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 chapter 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 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 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.
(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; and floodway area (see § 171-18A) when combined with all other existing and anticipated development, will not increase the BFE at any point.
(b)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE area/district without floodway (see § 171-18B) when combined with all other existing and anticipated development, will not increase the BFE more than one foot at any point within the Borough.
(c)
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. 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.
(d)
(e)
The appropriate component of the DEP Planning Module for Land
Development.
(f)
Where any excavation or grading is proposed, a plan meeting
the requirements of the DEP to implement and maintain erosion and
sedimentation control.
D.
Applications for permits shall be accompanied by the fee established
by resolution of Borough Council. No application is complete without
the required fee.
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
Conservation District for review and comment prior to the issuance
of a permit. The recommendations of the Conservation District may
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., Planning Commission,
Borough Engineer, etc.) for review and comment.
After the issuance of a 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 floodplain administrator for
consideration.
In addition to the 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, the date of its issuance, and be signed by the floodplain
administrator.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the permit. Work shall also
be completed within 12 months after the date of issuance of the permit
or the permit shall expire unless a time extension is granted, in
writing, by the floodplain administrator. The issuance of permit does
not refer to the zoning approval.
B.
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 manufacture 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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who 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 the FIRM/FIS in effect at
the time the extension is granted.
A.
Enforcement 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, the floodplain administrator
shall give written notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Include a statement of the reasons for its issuance.
(2)
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
(3)
Allow a reasonable time not to exceed 30 days for the performance
of any act it requires.
(4)
Be served upon the property owner and any other person against whom
the Borough may commence an enforcement action. Service of said notice
may be made in any of the following manners: by delivering the same
personally or by delivering the same to and leaving it with any adult
person in charge of the said premises or by affixing the same in a
conspicuous position upon said premises or by sending said notice
by certified or registered mail addressed to the owner at the last
known address with return receipt requested. Such procedures shall
be deemed the equivalent of personal notice.
B.
Appeals.
(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 Zoning Hearing Board. 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 appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
the Zoning Ordinance.
(3)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to the Court of Common Pleas as
provided by law.
C.
Penalties and remedies.
(1)
Any person who shall violate a provision of this chapter, or who
shall fail to comply with any of the requirements thereof; or who
shall use, maintain or alter a lot, building or structure in violation
of any approved plan or directive of the floodplain administrator
or of any order, permit or certificate issued under the provisions
of this chapter; or who shall violate any order of the floodplain
administrator shall be liable, upon summary conviction therefor, to
fines and penalties of: a) not less than $100 nor more than $1,000,
plus all costs of prosecution, for a first offense; b) not less than
$200 nor more than $1,000, plus all costs of prosecution, for a second
offense; and c) not less than $300 nor more than $1,000, plus all
costs of prosecution, for a third or subsequent offense, which fines
and penalties may be collected as provided by law. Costs of prosecution
shall include the Borough's attorneys' fees to the extent
permitted by law. Each day that a violation continues and each section
of this chapter which is violated shall be deemed a separate offense.
This chapter may also be enforced by an action in equity brought in
the Lancaster County Court of Common Pleas.
(2)
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. All such persons shall be required to correct
or remedy such. Any development initiated or any structure or building
constructed, reconstructed, enlarged, altered, or relocated, in noncompliance
with this chapter may be declared by Borough Council to be a public
nuisance and abatable as such.
