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Dover Township Overview
Dover Township, PA Code of Ordinances
CODE OF ORDINANCES of the TOWNSHIP OF DOVER
OFFICIALS of the TOWNSHIP OF DOVER County of York, Pennsylvania
FOREWORD
ADOPTING ORDINANCE
Chapter 1 Administration and Government
Chapter 2 [Reserved]
Chapter 3 [Reserved]
Chapter 4 Buildings
Chapter 5 Code Enforcement
Chapter 6 Conduct
Chapter 7 Fire Prevention and Fire Protection
Chapter 8 Fire Insurance Escrow
Chapter 9 [Reserved]
Chapter 10 Health and Safety
Chapter 11 Housing
Chapter 12 [Reserved]
Chapter 13 Licenses, Permits and General Business Regulations
Chapter 14 Mobile Homes and Mobile Home Parks
Chapter 15 Motor Vehicles and Traffic
Chapter 16 Parks and Recreation
Chapter 17 [Reserved]
Chapter 18 [Reserved]
Chapter 19 Stormwater Management
Chapter 20 Solid Waste
Chapter 21 Streets and Sidewalks
Chapter 22 Subdivision and Land Development
Chapter 23 [Reserved]
Chapter 24 Taxation; Special
Chapter 25 [Reserved]
Chapter 26 Water, Sewer and Sewage Disposal
Chapter 27 Zoning
Appendix
Table to Disposition of All Ordinances
Table to Disposition of Significant Resolutions
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§ 4-115.   Review by County Conservation District.
   1.   A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the York County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the York County Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
   2.   If after submission to the York County Conservation District, no correspondence and/or comments are received regarding the application within the York County Conservation District's standard or allowable review time, the application process may proceed as though the application was approved by York County Conservation District.
(Ord. 2015-07, 11/23/2015)
§ 4-116.   Review of Application by Others.
   1.   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, etc.) for review and comment.
   2.   If after submission to the appropriate agencies and/or individuals no correspondence and/or comments are received regarding the application within the appropriate agencies and/or individuals standard or allowable review time, the application process may proceed as though the application was approved by appropriate agencies and/or individuals.
(Ord. 2015-07, 11/23/2015)
§ 4-117.   Changes.
   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.
(Ord. 2015-07, 11/23/2015)
§ 4-118.   Placards.
   In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, 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.
(Ord. 2015-07, 11/23/2015)
§ 4-119.   Start of Construction.
   1.   Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development 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 development permit does not refer to the zoning approval.
   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, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the Part and FIRM/FIS in effect at the time the extension is granted.
(Ord. 2015-07, 11/23/2015)
§ 4-120.   Enforcement.
   1.   Notices.
      A.   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 Part, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
         (1)   Be in writing;
         (2)   Include a statement of the reasons for its issuance;
         (3)   Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
         (4)   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;
         (5)   Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this Part.
      B.   Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter pursuant to §909.1 of the Municipalities Planning Code, 53 P.S. §10909.1.
   2.   Penalties. Any person who fails to comply with any or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Township for a violation of any provision of this Part, enforcement shall be brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1000 per violation plus costs, to a term of imprisonment to the extent allowed by law of the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedures. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part or other ordinance which is found to have been violated. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of, or noncompliance with this Part shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Part may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
(Ord. 2015-07, 11/23/2015)
§ 4-121.   Appeals.
   1.   Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Part, 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 Municipal Planning Code and any other local Part.
   3.   Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.
(Ord. 2015-07, 11/23/2015)
C. Identification of Floodplain Areas
§ 4-131.   Identification.
   1.   The identified floodplain area shall be:
      A.   Any areas of Township of Dover, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated December 16, 2015 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the flood insurance.
   2.   The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Township of Dover and declared to be a part of this Part.
(Ord. 2015-07, 11/23/2015)
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