[Ord. 974, 3/17/2016]
1.
The applicant shall apply to the Borough for a permit under this
chapter on forms supplied by the Borough for a use or structure which
will be located in or above the Floodplain District.
2.
Applicants shall file the following minimum information plus any
other pertinent information (e.g., any or all of the technical information
contained in § 501) as may be required by the Building Permit
Officer 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 and proposing buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(5)
The location of all existing streets, drives, and other accessways;
and
(6)
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.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988;
(2)
The elevation of the five-hundred-year flood;
(3)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a five-hundred-year
flood;
(4)
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;
(5)
Appropriate practices that minimize flood damage have been used;
(6)
Detailed information concerning any proposed floodproofing measures;
and
(7)
Supplemental information as may be necessary under 34 Pa. Code Chapters
401 through 405, as amended, and all applicable provisions of the
International Building Code and International Residential Code.
3.
If such application is filed less than 14 calendars days in advance
of the regular Planning Commission meeting, the application will not
be reviewed by the Commission until its next regular meeting. There
will be a ninety-day time period for Borough review and discussion
beginning 14 calendar days in advance of the Borough Planning Commission
meeting when the application is to be initially reviewed.
4.
The Borough Council will make its decision at a public meeting.
[Ord. 974, 3/17/2016]
1.
The Building Permit Officer of the Borough shall issue a permit only
if the application meets all applicable requirements of this chapter
and all other ordinances of the Borough.
2.
Prior to the issuance of any building permit, the Building Permit
Officer shall review the application for the permit to determine if
all other necessary government permits required by the 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 United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
3.
Any applicant aggrieved by the decision or action of the Building
Permit Officer may appeal such decision or action to the Elizabethtown
Borough Council. Borough Council may schedule a public hearing and
may affirm the decision of the Building Permit Officer or may reverse
or alter the decision and order the Building Permit Officer to take
other appropriate action.
4.
The procedures for the granting of a conditional use permit by the
Elizabethtown Borough Council as follows:
[Ord. 974, 3/17/2016; as amended by Ord. 976, 6/16/2016]
A.
In granting any conditional use, the Borough of Elizabethtown 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.
B.
In reviewing any request for a variance, the Borough of Elizabethtown
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the conditional use would result in exceptional
hardship to the applicant.
(3)
That the granting of the conditional use will neither:
(a)
Result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety, or extraordinary public expense;
nor
(b)
Create nuisances, cause fraud on, or victimize the public or
conflict with any other applicable state statutes or local ordinances,
and/or regulations.
C.
A complete record of all conditional use requests and related actions
shall be maintained by the Borough of Elizabethtown. In addition,
a report of all conditional uses granted during the year shall be
included in the annual report to the Federal Emergency Management
Agency.
[Ord. 974, 3/17/2016]
1.
Uses or structures specifically listed in this chapter as being allowed
by special use permits shall only be permitted by action of Borough
Council taken at public meeting. Borough Council may also hold a public
hearing if desired, but such decision shall be within the discretion
of Borough Council.
2.
The application for a special use permit shall be presented to the
Building Permit Officer, who shall immediately submit a copy thereof
to the Borough Planning Commission for review and recommendation.
3.
Borough Council shall make a decision within 90 days of the receipt
of a completed application.
[Ord. 974, 3/17/2016]
1.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
2.
The granting of a municipal appeal will not relieve a landowner or
a municipality from the obligation to comply with the minimum requirements
of the National Flood Insurance Program. Landowners and municipalities
that fail to meet the program's minimum requirements, notwithstanding
any appellate decision to the contrary, are in violation of the National
Flood Insurance Program and remain subject to the accompanying penalties.
[Added by Ord. 976, 6/16/2016]
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 Elizabethtown Zoning Hearing Board. Such
appeal must be filed, in writing, within 30 days after the decision,
determination or action of the Floodplain Administrator.
B.
Upon receipt of such appeal, the Elizabethtown Zoning Hearing Board
shall consider the appeal in accordance with the Municipality Planning
Code and any other local ordinance.
C.
Any person aggrieved by any decision of the Elizabethtown Zoning
Hearing Board may seek relief therefrom by appeal to the appropriate
court, as provided by the laws of the Commonwealth of Pennsylvania,
including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 974, 3/17/2016]
In case any buildings, structures or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough, in addition to
other remedies, may institute, in the name of the Borough, any appropriate
action or proceedings to prevent, restrain, correct or abate such
building, structure or land or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation.
[Ord. 974, 3/17/2016]
The provisions of this chapter are severable, and if any section,
clause, sentence, part or provisions thereof shall be held illegal,
invalid or unconstitutional, the decision of the court shall not affect
or impair any of the remaining sections, clauses, sentences, parts
or provisions of this chapter. It is hereby declared to be the legislative
intent of the Borough Council of the Borough of Elizabethtown, Lancaster
County, Pennsylvania, that this chapter would have been adopted if
such illegal, invalid or unconstitutional section, clause, sentence,
part or provision had not been included herein.
[Ord. 974, 3/17/2016]
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter, the more restrictive
shall apply.
[Ord. 974, 3/17/2016]
1.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas or that land uses
permitted within such areas will be free from flooding or flood damages.
2.
This chapter shall not create liability on the part of the Borough
of Elizabethtown, Lancaster County, Pennsylvania, or any officer or
employee thereof, for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
[Ord. 974, 3/17/2016]
1.
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator".
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. In the absence
of a designated Floodplain Administrator, the Floodplain Administrator
duties are to be fulfilled by the Assistant Zoning Officer.
2.
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.
3.
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.
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 Borough Council 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 the latest edition
thereof adopted by the Commonwealth of Pennsylvania.
