A.
The Zoning Officer, unless otherwise designated by Borough Council,
is hereby appointed to administer and enforce this chapter and is
referred to herein as the Floodplain Administrator. The Floodplain
Administrator may fulfill the duties and responsibilities set forth
in these regulations, delegate duties and responsibilities set forth
in these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees, or 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.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the President of Council.
A permit shall be required before any construction or development
is undertaken within any area of the Borough of Hellertown.
A.
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.
B.
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);[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 U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
D.
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.
E.
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.
F.
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.
G.
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
34 PA Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough of Hellertown. Such
application shall contain the following:
(1)
Name, address, phone number, and email (if available) of applicant.
(2)
Name, address, phone number, and email (if available) of owner of
land on which proposed construction is to occur.
(3)
Name, address, phone number, and email (if available) of contractor.
(4)
Site location including address.
(5)
Listing of other permits required.
(6)
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.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
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:
(1)
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.
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4)
Structures will be anchored to prevent floatation, collapse, or lateral
movement.
(5)
Building materials are flood resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
C.
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:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 30 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
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.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (See § 204-22B.), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(d)
A document, certified by a registered professional engineer
or architect, 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.
(e)
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
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 County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
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.
Prior to the issuance of any permit, the applicant shall apply
for and obtain all other necessary government permits, such as those
required by commonwealth and federal laws. Copies of such approvals
shall be provided to the Floodplain Administrator.
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.
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, the date of its issuance and be signed by the Floodplain
Administrator.
A.
Work on the proposed construction 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.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request, and the
original permit is compliant with the ordinance and FIRM/FIS in effect
at the time the extension is granted.
During the construction period, the Floodplain Administrator, Building Codes Official, or other Borough-authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. In the event the inspection reveals 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 an applicant, the Floodplain Administrator shall provide notice and assess a penalty per § 204-19, Enforcement; violations and penalties.
Applications for a permit shall be accompanied by a fee, payable
to the Borough. Such fee shall be in the amount as specified by Borough
Council resolution or ordinance.
A.
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:
(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 chapter.
B.
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 municipality shall be guilty
of a misdemeanor and, upon conviction, shall pay a fine to the Borough
of Hellertown 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.
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 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 Zoning Hearing Board 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.