A. 
The Chairman of the Board of Supervisors is hereby appointed to administer and enforce this chapter and is referred to herein as the "floodplain administrator." The floodplain administrator may administer this chapter or cause this chapter to be administered in one of the following ways:
(1) 
The floodplain administrator may directly fulfill the duties and responsibilities set forth in these regulations.
(2) 
The floodplain administrator may delegate duties and responsibilities set forth in this chapter to qualified technical personnel, plan examiners, inspectors, and other employees.
(3) 
The floodplain administrator may, with authorization from the Board of Supervisors, 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 duties of the floodplain administrator shall be fulfilled by the Vice Chairman of the Board of Supervisors.
C. 
The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated from the person identified. However, the ultimate responsibility for the administration of this chapter lies with the floodplain administrator.
A. 
The floodplain administrator shall issue a floodplain management permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances. Where other codes and ordinances are administrated by an official other than the floodplain administrator, the floodplain administrator shall coordinate with said other officials to ensure that compliance with other codes and ordinances is achieved.
B. 
Prior to the issuance of any floodplain management permit, the floodplain administrator shall review the application for said 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.
[1]
Editor’s Note: See 35 P.S. § 750.1 et seq.
[2]
Editor’s Note: See 32 P.S. § 693.1 et seq.
[3]
Editor’s Note: See 35 P.S. § 691.1 et seq.
C. 
In the case of existing structures, prior to the issuance of any floodplain management permit, the floodplain administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.
D. 
In the case of existing structures, prior to the issuance of any floodplain management permit, the floodplain administrator shall review the history of repairs to the subject building so that any cumulative substantial damage concerns can be addressed before the permit is issued.
E. 
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 floodplain management permit application. He/she shall make as many inspections during and upon completion of the work as are necessary.
F. 
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.
G. 
In the event the floodplain administrator discovers that the work does not comply with the floodplain management permit application, or that there has been a false statement or misrepresentation by any applicant, the floodplain administrator shall revoke the floodplain management permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
H. 
The floodplain administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this chapter, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
I. 
The floodplain administrator shall submit a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.
A. 
For all proposed development within the Township of Hamilton, the floodplain administrator shall determine whether the proposed development is located within an identified floodplain area.
B. 
Where the floodplain administrator determines that proposed development is located within an identified floodplain area, a floodplain management permit shall be required before any construction or development is undertaken within said identified floodplain area.
A. 
Application for a floodplain management permit shall be made, in writing, to the floodplain administrator on forms supplied by the Township of Hamilton. Such application shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed development is to occur.
(3) 
Name and address of contractor.
(4) 
Site location, including address.
(5) 
Listing of other permits required. Where such other permits are already issued, copies of the approved other permits shall be provided.
(6) 
Brief description of proposed work and estimated cost, including a breakdown 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 development as well as any existing buildings or structures.
B. 
If any proposed construction or development is located entirely or partially within an identified floodplain area, the applicant for the floodplain management permit shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine the following:
(1) 
The proposal is consistent with the need to minimize flood damage and conform with the requirements of this chapter 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 are anchored to prevent flotation, collapse, or lateral movement.
(5) 
Building materials are flood-resistant.
(6) 
Appropriate practices that minimize flood damage are being used.
(7) 
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities are being 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 100 feet or less, showing the following:
(a) 
North arrow, scale, and date.
(b) 
Topographic contour lines, if available.
(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, driveways, and other accessways.
(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:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
(b) 
The base flood elevation.
(c) 
Supplemental information as may be necessary under 34 Pa. Code, the 2015 IBC or the 2015 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(4) 
The following data and documentation:
(a) 
FEMA elevation certificate.
(b) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(d) 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area will not increase the base flood elevation at any point.
(e) 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway, A Zone or AE Zone without floodway will not result in any increase the base flood elevation at any point within the community.
(f) 
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.
(g) 
Detailed information needed to determine compliance with § 69-21F, Storage, and § 69-22, Development that may endanger human life, including the following/
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 69-21F and 69-22 and which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
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 § 69-22 during a base flood.
(h) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(i) 
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.
D. 
Applications for floodplain management permits shall be accompanied by a fee, payable to the municipality, based upon the fee schedule as determined by resolution by the Township of Hamilton.
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.
After the issuance of a floodplain management permit by the floodplain administrator, no changes of any kind shall be made to the application, the 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 floodplain management 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 floodplain management permit and 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 of the floodplain management 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.
B. 
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.
C. 
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. A time extension may only be approved if the original permit is compliant with this chapter and with the FIRM/FIS in effect at the time the extension is requested.
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 regulation adopted pursuant thereto, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall comply with the following:
(1) 
The notice shall be in writing.
(2) 
The notice shall include a statement of the reasons for its issuance.
(3) 
The notice shall allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires to correct the violation.
(4) 
The notice shall be served upon the property owner or his agent, as the case may require; provided, however, that such notice 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 the Commonwealth of Pennsylvania.
(5) 
The notice shall 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, or direction of the floodplain administrator or any other authorized official of the municipality, shall be guilty of a summary offense and, upon conviction, shall pay a fine to the Township of Hamilton 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. 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 Board of Supervisors 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 consider the appeal in accordance with the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended)[1] and any other local ordinance.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
C. 
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 Floodplain Management Act (Act of Oct. 5, 1978, P.L. 851, No. 166).[2]
[2]
Editor’s Note: See 32 P.S. § 679.101 et seq.