A. 
The Floodplain Manager is hereby appointed to administer and enforce this chapter and is referred to herein as the "Floodplain Manager." The Floodplain Manager may fulfill the duties and responsibilities set forth in this chapter, delegate duties and responsibilities set forth in this chapter 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 this chapter. Administration of any part of this chapter by another entity shall not relieve the City 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 Manager, the Floodplain Manager duties are to be fulfilled by the Director of Community and Economic Development or designee.
A floodplain development (as the term "development" is defined in § 298-9) permit shall be required before any construction or development is undertaken within any identified floodplain area within the City of Allentown.
A. 
The Floodplain Manager 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 chapter and all other applicable codes and ordinances.
B. 
Prior to the issuance of any permit, the Floodplain Manager 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);[1] 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.; 32 P.S. § 693.1 et seq.; and 35 P.S. § 691.1 et seq., respectively.
C. 
In the case of existing structures, prior to the issuance of any floodplain development permit, the Floodplain Manager shall review the proposed cost of improvements or repairs and the preimprovement 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 development permit, the Floodplain Manager 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. 
The Floodplain Manager 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.
F. 
The Floodplain Manager is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.
G. 
The responsibility, authority and means to implement the commitments of the Floodplain Manager can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in this chapter as the Floodplain Manager.
H. 
The Floodplain Manager shall consider the requirements of the 34 Pa. Code and the 2015 IBC and the 2015 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
A. 
Application for such a floodplain development permit shall be made, in writing, to the Floodplain Manager on forms supplied by the City of Allentown and be accompanied with a $25 nonrefundable application fee. Such application shall contain the following:
(1) 
Name and address of the applicant.
(2) 
Name and address of the owner of land on which proposed construction is to occur.
(3) 
Name and address of the contractor.
(4) 
Site location, including address.
(5) 
Listing of other permits required.
(6) 
Brief description of proposed work and estimated costs of construction, repairs or improvements, and the market value of the structure. If there is flood-related damage, then include a breakout of flood-related cost 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 floodplain development permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Manager to determine that:
(1) 
All such proposals are 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 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; and
(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 Manager to make the above determination:
(1) 
A completed floodplain development 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, 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:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988 and by what method the datum was established;
(b) 
The North American Vertical Datum of 1988 elevation of the base flood;
(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, certified by a professional land surveyor.
(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) 
No-rise certification, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within identified floodplain areas [See § 298-22A and B(2).] when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation. AE Areas outside the designated floodway (flood fringe) are exempt from the no-rise requirement.
(e) 
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.
(f) 
Detailed information needed to determine compliance with § 298-28F, Storage, and § 298-29, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 298-28F and 298-29 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 § 298-29 during a base flood.
(g) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(h) 
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.
(i) 
The Floodplain Manager has the authority to request an independent third-party review by a registered professional engineer of the proposed project to evaluate for full compliance with Article VI, Technical Provisions, contained in this chapter, and other applicable codes ordinances, and regulations.
[Added 8-2-2023 by Ord. No. 15933]
D. 
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 Manager.
A copy of all applications and plans for any proposed construction or development equal to or greater than one acre in size and located in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Manager to the Lehigh County Conservation District for review and comment prior to the issuance of a floodplain development permit. The recommendations of the Lehigh County Conservation District shall be considered by the Floodplain Manager 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 Manager 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 development permit by the Floodplain Manager, 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 Manager. Requests for any such change shall be in writing and shall be submitted by the applicant to the Floodplain Manager for consideration.
A. 
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the floodplain 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 Manager. The issuance of a floodplain development permit does not apply to any zoning, planning or building permit approvals.
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 Manager to approve such a request and the original permit is compliant with this chapter and the Flood Insurance Rate Map (FIRM)/Flood Insurance Study (FIS) in effect at the time the extension is granted.
A. 
The Floodplain Manager or his designee may, upon advance notice and presentation of proper credentials:
(1) 
Investigate complaints;
(2) 
Enter upon any land for the purpose of surveying floodplain;
(3) 
Enter any land in a floodplain for the purpose of ascertaining the location and condition of obstructions;
(4) 
Enter land or, while under construction, any structure located in a floodplain for the purpose of ascertaining the compliance or noncompliance with this chapter.
B. 
Whenever the Floodplain Manager or his designee has been refused access to property for the purpose of conducting a survey or an inspection, the Floodplain Manager or his designee may apply for an administrative warrant to the appropriate court authorized to issue administrative search warrants to enable him access and to inspect the property. It shall be sufficient probable cause to issue an administrative inspection warrant that the inspection is necessary to properly enforce the provisions of this chapter.
C. 
In the event the Floodplain Manager or his designee discovers that work does not comply with the floodplain development permit or any applicable laws or ordinances, or that there has been a false statement or misrepresentation on an application by any applicant, the Floodplain Manager or his designee may revoke the floodplain development permit.
A. 
Notices. Whenever the Floodplain Manager 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 Manager 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 commonwealth.
(5) 
Contain an outline of remedial actions which, if taken, will affect 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 Manager or any other authorized employee of the municipality shall, upon conviction, pay a fine to the City of Allentown of not more than $600, plus costs of prosecution, or imprisoned not more than 90 days, or both. 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 Floodplain Manager to be a public nuisance and abatable as such.
A. 
Any person aggrieved by any action or decision of the Floodplain Manager 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 Manager.
B. 
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code.
C. 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to the Lehigh County Court, in accordance with the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Fee for appeals. All persons hereafter taking an appeal from the decision of the Floodplain Manager to the Zoning Hearing Board shall be subject to the payment of a reasonable fee, same to be decided upon from time to time by the Mayor of the City of Allentown and approved by City Council by ordinance for the filing, docketing, hearing, and recording of such appeal, as well as for the service of notices thereof. The fee or charge shall be paid to the City of Allentown prior to the entry or filing thereof. The Zoning Officer shall collect and receive all such appeal fees, and pay the same over to the City Treasurer, at the end of each and every month, and shall accompany such payment with a full and complete report of all appeal fees received during the course of the month.