[Ord. No. 2-2016, 5/9/2016]
1. The
Council member is hereby appointed to administer and enforce this
Part 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.
2. In
the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the President of Council.
[Ord. No. 2-2016, 5/9/2016]
A permit shall be required before any construction or development
is undertaken within any area of the Borough of Hughesville.
[Ord. No. 2-2016, 5/9/2016]
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 Part 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 United States 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 Part.
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 Council for whatever action it considers
necessary.
6. The
Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this Part, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
7. The
Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
8. 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.
9. The
Floodplain Administrator shall consider the requirements of 34 Pa.
Code and the 2009 IBC and the 2009 IRC or the latest edition thereof
adopted by the State of Pennsylvania.
[Ord. No. 2-2016, 5/9/2016]
1. Application
for such a permit shall be made, in writing, to the Floodplain Administrator
on forms supplied by the Borough of Hughesville. Such application
shall contain the following:
A. Name and address of applicant.
B. Name and address of owner of land on which proposed construction
is to occur.
C. Name and address of contractor.
D. Site location, including address.
E. Listing of other permits required.
F. 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 Part 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;
and
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 IBC or the 2009 IRC or latest edition thereof adopted by the
State of Pennsylvania.
D. The following data and documentation:
(1) Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(2) If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(3) Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within the Floodway Area (See § 632, Subsection
1A), when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(4) 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 § 632, Subsection
1B), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
(5) 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.
(6) Detailed information needed to determine compliance with §
643, Subsection
1F, Storage, and §
644, Development Which May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances referred to in §§
643, Subsection
1F, and
644 which are intended to be used, produced, stored or otherwise maintained on site.
(b)
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in §
644 during a base flood.
(7) The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
(8) 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.
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. No. 2-2016, 5/9/2016]
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.
[Ord. No. 2-2016, 5/9/2016]
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. No. 2-2016, 5/9/2016]
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 and the date of its issuance,
and shall be signed by the Floodplain Administrator.
[Ord. No. 2-2016, 5/9/2016]
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 a 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 ordinance and FIRM/FIS in effect at the
time the extension is granted.
[Ord. No. 2-2016, 5/9/2016]
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 Part, or
of any regulations adopted pursuant thereto, the Floodplain Administrator
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
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;
D. 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;
E. Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this Part.
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 or direction of the Floodplain Administrator or
any other authorized employee of the municipality shall be guilty
of a summary offense and, upon conviction, shall pay a fine to Borough
of Hughesville 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 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 Council to be a public nuisance and abatable as such.
[Ord. No. 2-2016, 5/9/2016]
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 Municipalities Planning Code and any other local ordinance.
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.