Borough of Duncannon, PA Article II Administration and Enforcement

§ 126-7 Floodplain Administrator.

A. Identification of Floodplain Administrator. The Floodplain Administrator is the person charged by the Borough Council with the duty of administration and implementation of this chapter. In the event no person has been so charged by the Borough Council, or in the designated Floodplain Administrator's absence, the Borough Manager shall serve as the Floodplain Administrator.

B. Duties of the Floodplain Administrator. The Floodplain Administrator shall perform the following duties:

(1) Inspect all development within the flood hazard area to assure that the requirements of this chapter have been satisfied.

(2) Review all applications for proposed development within the flood hazard area for compliance with the requirements of this chapter and issue a floodplain development permit or special permit, as applicable, for applications that satisfy the requirements of this chapter.

(3) Review land development and subdivision proposals submitted for municipal review and approval under the Pennsylvania Municipalities Planning Code

Editor's Note: See 53 P.S. § 10101 et seq.

to determine whether the proposal is consistent with the need to minimize flood damage within the flood-prone area; all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and adequate drainage is provided to reduce exposure to flood hazards; and, where such a proposal is greater than 50 lots or five acres, whichever is less, base flood elevation data is provided.

(4) Advise the applicant that additional Borough, state or federal permits or approvals may be required for the development, and require that the applicant provide copies of all state and federal permits and approvals.

(5) Inspect new and substantially improved structures to verify and record compliance with the requirements of this chapter and the issued floodplain development permit, including but not limited to actual elevation data, floodproofing measures, and certifications of floodproofing.

(6) Make the necessary interpretation as to the exact location of boundaries of the flood hazard area where interpretation is needed because of a conflict between a mapped boundary and actual field conditions.

(7) When base flood elevation data or floodplain encroachment data has not been provided, obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source.

(8) Maintain all records pertaining to the administration of this chapter, including, but not limited to, historic and current flood insurance study reports and rate maps for the Borough of Duncannon, Perry County; map changes issued by the Federal Emergency Management Agency; issued floodplain protection permits; and enforcement actions.

(9) Serve notices of violation, issue stop-work orders, revoke permits, order (or undertake) corrective actions for noncompliance of any development with the requirements of this chapter.

(10) Consult with legal, engineering or construction professionals, as necessary, for the administration of this chapter.

(11) Coordinate permitting activities undertaken pursuant to this chapter with permitting and approval activities undertaken pursuant to the Borough ordinances regulating construction and subdivision and land development to assure consistency among the plan documents submitted for and relating to each permit or approval.

(12) Take any other action reasonably necessary for the administration or enforcement of this chapter.

§ 126-8 Floodplain development permit required.

A. A floodplain development permit shall be required before any construction or development is undertaken within the flood hazard area of the Borough.

B. The Floodplain Administrator shall issue a floodplain development permit only after he has determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter.

C. In the case of existing structures, prior to the issuance of a floodplain development permit, the Floodplain Administrator shall review the history of repairs to the structure to permit repetitive loss issues to be addressed before the issuance of the permit.

§ 126-9 Watercourse encroachments.

A. Prior to issuance of a floodplain development permit, no encroachment, alteration or improvement of any kind shall be made to any watercourse until:

(1) All adjacent municipalities which may be affected by such action have been notified by the Borough; and

(2) All required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection.

B. The Borough shall notify the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development prior to any alteration or relocation of any watercourse.

§ 126-10 Application for floodplain development permit; fees.

A. Application for a floodplain development permit shall be made on forms supplied by the Borough and shall contain, at a minimum, the following information:

(1) Site location, including a mailing address (where available).

(2) Name, address and telephone number of the applicant.

(3) Name, address and telephone number of the title owner(s) of land on which the proposed construction is to occur.

(4) If the applicant is not the owner(s), a statement of the legal right of the applicant to make the application.

(5) Name, address and telephone number of the contractor(s) performing the work.

(6) Listing of other local, state and federal permits or approvals required for the proposed structure and/or its intended use, and the status of such permits or approvals.

(7) A plan of the site, drawn at a scale of one inch equals 100 feet or less, showing the following:

(a) Map of the general area of the municipality, providing enough information to enable a person who is unfamiliar with the municipality to accurately determine the location of the site involved;

(b) North arrow and scale;

(c) Dates of the original plan and any revisions;

(d) Topographic contour lines based upon the North American Vertical Datum of 1988 (NAVD 88), showing existing and proposed contours at intervals of two feet in a geographic coordinate system grid referenced to the North American Datum of 1983 (NAD 83), Western Hemisphere;

(e) Property lines, including dimensions, and the size of the site, expressed in acres and square feet;

(f) Size and location of the proposed structures and other improvements;

(g) Size and location of any existing structures or improvements on the property;

(h) Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;

(i) Profile drawings for all proposed streets, drives, other accessways, including proposed grades;

(j) Plans and profiles of all proposed utility systems, including, but not limited to, sanitary sewer, water and stormwater systems;

(k) Location of any public or private facilities or utilities, and any other natural or man-made features affecting, or affected by, the proposed activity or development;

(l) Location of any structures adjacent to the property;

(m) Location of all proposed or existing streets, drives or accessways and parking areas, including information on size, pavement type and elevation;

(n) Location of any existing bodies of water or watercourses, including the direction and velocity of the flow of water; and

(o) Location and boundary of the floodplain and, as shown on the most current Flood Insurance Rate Map for the Borough of Duncannon, Perry County, the boundaries of the applicable floodway and information and spot elevations concerning the one-hundred-year-flood elevations and information concerning the flow of water, including direction and velocities.

(8) Plans of the proposed structure and improvements, drawn at a suitable scale, containing sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, and showing the following:

(a) Proposed finished floor elevations of any proposed structure;

(b) Proposed lowest floor elevation of each proposed structure based upon North American Vertical Datum of 1988;

(c) Elevation of the one-hundred-year flood;

(d) Information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood, if available; and

(e) Detailed information concerning any proposed floodproofing measures.

(9) Brief description and estimated cost of the proposed work, including a breakout of flood-related work and costs and, in such cases where the permit is sought to repair flood-damaged property, the market value of the structure before the flood damage occurred.

(10) The following data and documentation:

(a) Documentation, certified by a registered professional engineer, showing that the cumulative effect of any proposed development within a 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) Documentation, certified by a registered professional engineer or architect, stating 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.

(c) Documentation, certified by a registered professional engineer or architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.

(d) Documentation, certified by a registered professional engineer or architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year-flood elevations and flows.

(e) Documentation, certified by a registered professional engineer or architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year-flood elevation and the effects such materials and debris may have on one-hundred-year-flood elevations and flows.

(f) The appropriate component of the Department of Environmental Protection's Planning Module for Land Development."

(g) Detailed information to permit a determination of compliance with § 126-19, Development which may endanger human life, including:

[1] The amount, location and purpose of any materials or substances referred to in § 126-19A, 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 § 126-19A during the one-hundred-year flood.

(h) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain sedimentation and erosion control.

(i) NPDES permit issued by the Department of Environmental Protection for the development, if applicable.

(j) Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of the Act.

Editor's Note: See 32 P.S. § 679.302.

(11) If any proposed construction or development is located entirely or partially within the floodplain, applicants 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; and

(c) Adequate drainage is provided so as to reduce exposure to flood hazards.

B. Fees. The application for a floodplain development permit shall be accompanied by payment of the then-current administrative fees as have been established by the Borough Council. An application submitted without payment of fees will not be accepted for processing.

§ 126-11 Modifications.

For purposes of this chapter, the term "modification" is substituted for the term "variance" used in Section 301 of the Pennsylvania Flood Plain Management Act and Part 60.6 of the federal regulations.

Editor's Note: See 32 P.S. § 679.301 and 44 CFR 60.6, respectively.

A. Modification, generally.

(1) If compliance with any of the requirements of this chapter would result in an exceptional hardship, the Borough may, upon request and in conformance with Subsection B of this section, grant relief from the strict application of the requirements in the form of a modification of the requirement.

(2) The granting of a modification is for floodplain management purposes only.

B. Availability of relief in the form of modification.

(1) No modification shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.

(2) No modification shall be granted for any construction, development, use or activity within any floodplain that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.

(3) Relief in the form of modification is generally limited to new construction and substantial improvements to a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level.

(4) A modification may be issued for the repair or rehabilitation of an historic structure upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the modification is the minimum necessary to preserve the historic character and design of the structure.

(5) Except for a possible modification of the one-and-one-half-foot freeboard requirement for special permits, no modification shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development which may endanger human life.

(6) An applicant seeking modification of the freeboard requirement shall demonstrate:

(a) That there are unique physical circumstances, including exceptional topographical or other existing natural or man-made conditions peculiar to the property;

(b) Because of such physical circumstances and conditions, the proposed substantial improvement cannot be reasonably designed and constructed in compliance with the provisions of the applicable requirements, and that a reduction is therefore necessary;

(c) That the requested modification is the least necessary to provide relief;

(d) That failure to grant such request will result in exceptional hardship to the applicant;

(e) That approval of the request will not result in increased flood heights within any designated floodway;

(f) That approval of the request will not result in any additional threat to public health and safety, or result in any extraordinary public expense or create any nuisance; and

(g) That approval of the request will not result in any conflict with any other applicable laws or regulations.

C. Procedure.

(1) A request for modification of any requirement of this chapter shall be made in writing. The request shall provide sufficient detail to permit an understanding of the hardship and the relief requested. The request shall affirmatively state, with supporting explanation, that it is the least modification necessary to provide relief.

(2) Upon receipt of the request for modification, the Borough, under the signature of the Floodplain Administrator, shall notify the applicant in writing that:

(a) The issuance of a modification to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(b) Such construction below the base flood level increases risks to life and property.

(3) The Borough Council shall consider the request no later than 30 days after its receipt.

(4) The Borough shall provide written notice to the applicant of the time and place at which the request will be considered.

(5) In the event the request for modification is granted, the Borough shall notify the applicant in writing:

(a) Stating the specific relief granted;

(b) Advising that the granting of the request may result in increased premium rates for flood insurance; and

(c) Advising that the grant of relief may increase the risks to life and property.

(6) A report of all modifications granted during the year shall be included in the Borough's annual report to the Federal Emergency Management Agency.

D. Standards for relief.

(1) The modification shall be the least necessary to provide relief.

(2) In considering the request for relief, the Borough Council shall determine:

(a) That there is good and sufficient cause for the request for relief;

(b) That the failure to grant the modification would result in exceptional hardship to the applicant; and

(c) That the granting of the request will not:

[1] Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; or

[2] Create a nuisance, cause fraud on, or victimize the public or conflict with any other applicable state or local ordinances and regulations.

E. Conditions. In granting the modification, the Borough Council shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.

§ 126-12 Changes to permit application.

After the issuance of a floodplain development permit, no change of any kind shall be made to the application, permit or related plans and documentation submitted with the application without the written consent or approval of the Borough. Requests for any change shall be in writing.

§ 126-13 Enforcement; violations and penalties.

A. On-site inspection. During the construction period, the Floodplain Administrator, upon presentation of proper credentials, shall have the authority to enter the premises and any structure, at any reasonable hour and as often as is necessary, to determine whether:

(1) Work performed under a floodplain development permit is being done in accordance with the requirements of this chapter, the terms of the permit and the information provided on the permit application; or

(2) Work is being performed without a floodplain development permit.

B. Stop-work orders. Whenever a structure, or part thereof, is being repaired, constructed, reconstructed or altered or development occurs, in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. If the person doing the work is not the title owner of the property, a copy of the stop-work order also shall be directed to the title owner of the property as determined from the tax records maintained by Perry County. The stop-work order shall specifically state the work to be stopped, the reason(s) for the stoppage, and the condition(s) under which the work may be resumed, including, but not limited to, corrective actions to be undertaken and the specified time frame in which to undertake the corrective actions.

C. Revocation of floodplain development permit. The Floodplain Administrator may revoke the floodplain development permit by notifying the permit holder, in writing, stating the reason for the revocation and reporting such fact to the Borough Council for whatever action it considers necessary. Such permits may be revoked for:

(1) Substantial departure from the terms of the permit;

(2) False statements or misrepresentations made by the applicant in securing the permit; or

(3) A permit mistakenly issued in violation of applicable Borough, state or federal law.

D. Violation notice. Whenever the Borough determines that there are reasonable grounds to believe that there has been a violation of this chapter, the Borough shall give notice of such alleged violation to the applicant. Such notice shall:

(1) Be in writing;

(2) Include a statement of the reasons for its issuance;

(3) State the remedial actions which, if taken, will effect compliance with the issued permit and this chapter;

(4) Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires;

(5) State the right of appeal from the notice of violation; and

(6) Be served upon the applicant in person or by first-class mail.

E. Penalties. Any person who fails to comply with the permit, any requirements of this chapter, or who fails or refuses to comply with any notice of violation shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $25 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. The imposition of a fine or penalty for any violation of this chapter shall not excuse the violation; the applicant shall be required to correct or remedy such violations within a reasonable time.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Injunction. In addition to the imposition of the penalties described above, the Borough may pursue an action in equity to restrain, prevent or abate violation of this chapter and for the proper enforcement of this chapter.

G. Nuisance. Any obstruction; structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter; or other conduct in violation of this chapter may be declared by the Borough Council to be a public nuisance and abatable as such.

§ 126-14 Appeals.

A. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter, including a determination of the boundary of any part of the floodplain, may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

B. Upon receipt of the appeal, the Borough Council shall set a time and place for the purpose of considering the appeal, within not less than 10 days nor more than 30 days from the date of receipt of the appeal. Written notice of the time and place at which the appeal will be considered shall be given to the applicant.

C. Any person aggrieved by the decision of the Borough Council may seek relief by appeal to the court, as provided by the laws of the commonwealth, including the Local Agency Law and the Pennsylvania Flood Plain Management Act.

Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq. and 32 P.S. § 679.101 et seq., respectively.