[Ord. 795-12, 4/23/2012]
The Zoning Officer of the Borough of Hamburg is hereby appointed
to administer and enforce this Chapter and is referred to herein as
the Floodplain Administrator.
[Ord. 795-12, 4/23/2012]
A permit shall be required before any construction or development
is undertaken within any identified floodplain areas in the Borough
of Hamburg, including, but not limited to, within those special flood
hazard areas as shown on Flood Insurance Rate Maps of the Borough.
[Ord. 795-12, 4/23/2012]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
The Floodplain Administrator shall maintain all records associated
with the requirements of this Chapter, including, but not limited
to, permitting, inspection and enforcement.
7.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 International Building Code and the 2009
International Residential Code or latest revisions thereof.
[Ord. 795-12, 4/23/2012]
1.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Hamburg. Such application
shall contain the following:
A.
The name and address of the applicant.
B.
The name and address of the owner of land on which proposed construction
is to occur.
C.
The name and address of the contractor.
D.
The site location, including address.
E.
A listing of other permits required.
F.
A 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.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
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:
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.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
D.
Structures will be anchored to prevent flotation, collapse, or lateral
movement.
E.
Building materials are flood-resistant.
F.
Appropriate practices that minimize flood damage have been used.
G.
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
3.
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:
A.
A completed 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)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)
The location of all existing streets, drives, and other accessways;
and
(5)
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 base flood;
(3)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 International Building Code or the 2009 International Residential
Code.
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(3)
Documentation, certified by a registered professional engineer,
to show that the effect of any proposed development within an AE Area/District
will not result in a new base flood elevation more than one foot greater
than the base flood elevation existing at the effective date of this
Chapter.
(4)
A document, certified by a registered professional engineer,
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 floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(5)
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development," if applicable.
(7)
Where any excavation or grading is proposed, a plan to implement
and maintain erosion and sedimentation control meeting the requirements
of the Department of Environmental Protection.
4.
Applications for permits shall be accompanied by a fee, payable to
the municipality, based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
[Ord. 795-12, 4/23/2012]
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 or Borough
Council, in their respective discretion, to any other appropriate
agencies and/or individuals (e.g., Planning Commission, Municipal
Engineer, etc.) for review and comment.
[Ord. 795-12, 4/23/2012]
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. 795-12, 4/23/2012]
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 and the date of its issuance and be signed by the Floodplain
Administrator.
[Ord. 795-12, 4/23/2012]
1.
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall 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 "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.
2.
Time extensions shall be granted only if a written request, which
sets forth sufficient and reasonable cause for the Floodplain Administrator
to approve such a request, is submitted by the applicant.
[Ord. 795-12, 4/23/2012]
1.
Notices. 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
Chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires to cure the violation;
D.
Be served upon the applicant, the property owner and/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 applicant and
owner or agent when a copy thereof has been mailed via certified mail
or recognized overnight courier to their respective addresses listed
on the permit application;
E.
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this Chapter.
2.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this Chapter or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the Borough of Hamburg shall be
guilty of a misdemeanor and, upon conviction, shall pay a fine to
the Borough of Hamburg of not less than $25 nor more than $600 plus
costs of prosecution. In addition to the above penalties, all other
actions are hereby reserved, including an action in equity for the
proper enforcement of this Chapter. 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, and
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 Chapter may be declared
by the Borough Council to be a public nuisance and abatable as such.
[Ord. 795-12, 4/23/2012]
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 Borough Council. 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 Borough Council shall set a time
and place, within not less than 10 or not more than 30 days, for the
purpose of considering the appeal. Notice of the time and place at
which the appeal will be considered shall be given to all parties.
3.
Any person aggrieved by any decision of the Borough Council may seek
relief therefrom by appeal to court, as provided by the laws of this
State, including the Pennsylvania Flood Plain Management Act.