Notice of Public Hearing – July 6, 2020

The Straban Township Board of Supervisors will hold a public hearing on Monday, July 6, 2020, 6:45 p.m. in the Municipal Building, 1745 Granite Station Road, Gettysburg, Pennsylvania, to receive comments on the proposed Floodplain Ordinance. The Straban Township Board of Supervisors may adopt the proposed amendments to the Floodplain Ordinance on Monday, July 6, 2020, 7:00 p.m. in the Municipal Building, 1745 Granite Station Road, Gettysburg, Pennsylvania, to wit:
AN ORDINANCE OF STRABAN TOWNSHIP, ADAMS COUNTY, PENNSYLVANIA REPEALING AND REPLACING CHAPTER 71 OF THE CODE OF THE TOWNSHIP OF STRABAN, ENTITLED “FLOODPLAIN DEVELOPMENT” AND AMENDING CHAPTER 117 “SUBDIVISION OF LAND” AND CHAPTER 140 “ZONING” TO PROVIDE CONSISTENCY IN FLOODPLAIN PROVISIONS.
The purpose of the proposed Ordinance is to meet the requirements of the Pennsylvania Flood Plain Management Act, 32 P.S. §§ 679.101 – 679.601, (the “Floodplain Management Act”), at Section 679.202, wherein certain municipalities are required to adopt floodplain management regulations within six months after a floodplain map is approved or promulgated for the municipality by the United States Department of Housing and Urban Development.
The provisions of the proposed Ordinance are summarized as follows:
SECTION 1. Repeals and replaces Chapter 71, entitled “Floodplain Development”.
§ 71-1 Intent. The purpose is to minimize risks posed in floodplain areas and comply
with federal and state floodplain management requirements.
§ 71-2 Applicability. Permit required for construction or development.
§ 71-3 Abrogation and Greater Restrictions. This Chapter supersedes any conflicting
regulations. In event of conflict, more restrictive provision applies.
§ 71-4. Warning and Disclaimer of Liability. These regulations do not guarantee freedom
from flood damage. The Township is not liable for flood damage resulting from reliance
on this Chapter.
§ 71-5. Designation of the Floodplain Administrator. The Township’s Zoning Officer shall
serve as Floodplain Administrator. In absence of Floodplain Administrator, duties will be
fulfilled by the Township Manager.
§ 71-6 Permits Required. A permit is required prior to undertaking construction or
development in the Township.
§ 71-7 Duties and Responsibilities of the Floodplain Administrator. Sets forth the duties of
the Floodplain Administrator, including issuing and revoking permits, entering buildings
or developments, and submitting reports to FEMA.
§ 71-8 Application Procedures and Requirements. Sets forth the procedures and
requirements for applying for a permit.
§ 71-9 Review by County Conservation District. Proposed construction or development
plans must be submitted to the County Conservation District for review.
§ 71-10 Review of Application by Others. Plans and applications may be submitted by
Floodplain Administrator to other appropriate agencies.
§ 71-11 Changes. After permit issuance, changes must be approved by the Floodplain
Administrator.
§ 71-12 Placards. Placard must be displayed on premises during construction.
§ 71-13 Start of Construction. Construction must begin within 180 days after permit
issuance and must be completed within 365 days after permit issuance. Time extensions
may be granted.
§ 71-14 Enforcement. Sets forth requirements for notices of violation. Violations shall be
a summary offense and may carry a fine of $100.00 to $600.00. Each day shall be a separate
offense.
§ 71-15 Appeals. Provides for appeals of Floodplain Administrator actions to the Zoning
Hearing Board within 30 days.
§ 71-16 Identification. Adopts the Flood Insurance Study (FIS) and the Flood Insurance
Rate Maps (FIRMs) issued by FEMA.
§ 71-17 Description and Special Requirements of Identified Floodplain Areas. Identified
Floodplain Areas are set forth in the Zoning Ordinance.
§ 71-18 Technical Provisions: General. Sets forth general technical provisions for
construction and development in floodplain areas.
§ 71-19 Elevation and Floodproofing Requirements. Sets forth requirements for residential
and nonresidential structures, basements, and historic and accessory structures.
§ 71-20 Design and Construction Standards. Sets forth standards with respect to fill,
drainage, water and sanitary sewer systems, utilities, streets, storage, placement of
structures, anchoring, floors, walls, and ceilings, paints and adhesives, electrical
components, equipment, fuel supply systems, and UCC coordination.
§ 71-21 Development That May Endanger Human Life. Regulation of such development
is set forth in the Zoning Ordinance.
§ 71-22 Special Requirements for Subdivision and Development. Certain proposals must
be supported by hydrologic and hydraulic engineering analyses.
§ 71-23 Special Requirements for Mobile or Manufactured Homes. Requirements are set
forth in Article XII of Chapter 117.
§ 71-24 Activities requiring special permits are governed by the Zoning Ordinance.
§ 71-25 Existing Structures. No changes or improvements are required to be made to
existing structures.
§ 71-26 Improvements. When improvements are made to existing structures, the
requirements of this section apply.
§ 71-27 Variances: General. Relief from strict application of these requirements may be
granted in accordance with standards set forth in the Zoning Ordinance.
§ 71-28 Definitions: General. If not defined, words shall be interpreted to give provisions
most reasonable application.
§ 71-29 Specific Definitions. Defines certain terms used in this Ordinance.
SECTION 2. Amends Article XII of Chapter 117, entitled “Mobile Homes and Mobile Home Parks” to set forth floodplain standards for mobile and manufactured homes in Identified Floodplain Areas.
SECTION 3. Amends Section 140-5 of Chapter 140 to add defined terms related to floodplain management.
SECTION 4. Amends Section 14-5 of Chapter 140 to amend defined terms related to floodplain management.
SECTION 5. Amends Section 140-36 of Chapter 140 to incorporate floodplain regulations and provisions identifying and describing specific floodplain areas into Zoning Ordinance.
SECTION 6. Amends Section 117-10 of Chapter 117 to provide that land located within Identified Floodplain Areas must be developed in accordance with the Floodplain Ordinance and the Zoning Ordinance.
SECTION 7. Amends Section 117-29 of Chapter 117 to provide that land located within Identified Floodplain Areas must be developed in accordance with the Floodplain Ordinance and the Zoning Ordinance.
SECTION 8. REPEALER. All provisions of previous ordinances contrary to or inconsistent with this Ordinance are repealed.
SECTION 9. SAVINGS CLAUSE. In all other respects, the Code of the Township of Straban shall remain as previously enacted and ordained.
SECTION 10. SEVERABILITY. If any portion of this Ordinance is deemed void, it shall be severable, and the other provisions of this ordinance shall remain in full effect.
SECTION 11. EFFECTIVE DATE. This ordinance shall take effect July 22, 2020.
The full text of the proposed Ordinance may be examined without charge at the Straban Township Municipal Building, 1745 Granite Station Road, Gettysburg, Monday through Thursday, 9:00 a.m. to 4:00 p.m. A copy will be provided upon request without charge. A copy of the proposed Ordinance has also been filed with the newspaper publishing this Notice and at the Adams County Law Library, 117 Baltimore Street, Room 305, Gettysburg, PA 17325.