Ordinance No. 884: Construction or Development Permits Within The Floodplain

Ordinance No. 884: Floodplain Construction Permits in Hollidaysburg

The Borough of Hollidaysburg has enacted Ordinance No. 884 to regulate construction and development within flood-prone areas. The ordinance became effective on July 12, 2018, and was adopted by the Borough Council on that same date.

Purpose & Intent

The ordinance aims to:

• Protect public health, safety, and welfare.
• Prevent or minimize future flood damage through appropriate construction practices.
• Protect water supplies and natural drainage systems.
• Reduce financial burdens on the community by limiting excessive development in flood zones.
• Comply with federal and state floodplain management requirements.

Who Must Get a Permit?

Any person, partnership, business, or corporation planning to undertake construction or development within the Borough of Hollidaysburg must obtain a permit from the Floodplain Administrator before starting work.

Key Rules & Requirements

• Permit Required Before Work Begins: No construction or development can start without an approved permit.
• Review Process: The Floodplain Administrator must verify that all necessary state and federal permits (e.g., sewage, dam safety, clean streams) are obtained before issuing a local permit.
• Existing Structures: For repairs or improvements to existing buildings, the administrator will assess whether the project qualifies as “substantial improvement” or “substantial damage,” which triggers stricter rules.
• Inspections: The administrator (or authorized official) will inspect sites during and after construction to ensure compliance.
• Authority to Enter: Officials may enter any property in identified floodplain areas at reasonable hours to enforce the ordinance.
• Penalties: Failure to comply may result in permit revocation and reporting to the Borough Council for further action.
• Record Keeping: All records related to permits, inspections, and enforcement must be maintained permanently.

Administration

• The Director of Planning & Zoning is designated as the Floodplain Administrator.
• If no administrator is appointed, duties fall to the Borough Manager.
• The administrator may delegate tasks to qualified staff or contract with other agencies/entities — but the Borough retains ultimate responsibility under the National Flood Insurance Program.

Legal Notes

• This ordinance supersedes conflicting local laws but allows more restrictive provisions to remain in effect.
• It includes a severability clause: if one part is invalid, the rest remains enforceable.
• The Borough disclaims liability for flood damages resulting from reliance on this ordinance or administrative decisions made under it.

Signatures & Approval

• Adopted by the Council on July 12, 2018.
• Attested by Patricia J. Duron, Secretary.
• Signed by Joseph A. Pompa, President of the Council.
• Approved by Mayor Joseph R. Dodson on July 12, 2018.

This ordinance ensures that new and modified structures in Hollidaysburg’s floodplains meet safety standards, reducing risk to residents and property while aligning with state and federal regulations.