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Saturday, April 18, 2015

PUBLIC NOTICE BILL NO. 15-2015 Notice is hereby

Wednesday, April 15, 2015 in Legals

PUBLIC NOTICE BILL NO. 15-2015 Notice is hereby provided pursuant to Sections 609(b) Public Notice of Hearing, 53, P.S. 10609(b) and 610 Notice of Intent to Enact Proposed Ordinance, 53 P.S. 10610(a) that the Board of Commissioners of the Township of Whitehall will hold a public hearing on the 11th day of May, 2015, commencing at 7:00 p.m. at the Whitehall Township Municipal Building located at 3219 MacArthur Road, Whitehall, Pennsylvania, relating to the adoption of an Amendment in its entirety of Article XVI of Chaper 27 of the Whitehall Township Codified Ordinances, entitled Flood Plain Districts, as more particularly set forth in proposed Bill No. 15-2015. The Board of Commissioners of the Township of Whitehall intends to consider passage of Bill No. 15-2015 at a public meeting to be held on the 11th day of May, 2015, commencing immediately upon conclusion of the above noted public hearing. Said public meeting shall take place at the Whitehall Township Municipal Building located at 3219 MacArthur Road, Whitehall, Pennsylvania. The following constitues a summary of the contents of Bill No. 15-2015, prepared pursuant to Section 610(a) of the Municipalities Planning Code, as amended, (53 P.S. 10610(a)). The title of the Ordinance is FLOOD PLAIN DISTRICT. The Ordinance is designated as Bill No. 15-2015 and constitutes an amendment in its entirety of Article XVI of Chapter 27 of the Whitehall Township Codified Ordinances, Flood Plain District, and adoption that shall constitute a repeal of the Flood Plain Ordinance previously enacted. The text of the amendment is summarized as follows: ARTICLE I. STATUTORY AUTHORITY The Legislature of the Commonwealth of Pennsylvania has delegated responsibility to local government units to adopt Flood Plain Management Regulations under the Flood Plain Management Act of 1978 adopts an Ordinance. ARTICLE II. GENERAL PROVISIONS Section 27-166. Intent The intent of the proposed Ordinance is to: Promote the general health, welfare, and safety of the community. Section 27-167, Applicability It shall be unlawful for any person, partnership, business or corporation within Whitehall Township to undertake, the construction or development unless a Permit has been obtained from the Floodplain Administrator. Section 27-168, Abrogation and Greater Restrictions This proposed ordinance supersedes any other conflicting provisions. Section 27-169. Severability If any part of the within Ordinance shall be declared invalid, such decision shall not affect the remaining portions of the Ordinance. Section 27-170. Warning and Disclaimer of Liability The enactment of the proposed Ordinance shall not create any liability on the part of Whitehall Township or any officer or employee thereof for any flood damage that results from reliance on this Ordinance. Section 27-171, Administration A. Designation of the Floodplain Administrator. The Whitehall Township Zoning Officer is hereby appointed as the Floodplain Administrator. B. Permits Required. A Permit shall be required. C. Duties and Responsibilities of the Floodplain Administrator. 1) Issue a Permit. 2) Review the application. 3) Inspect the premises. 4) The Floodplain Administrator shall have the authority to enter any building, structure, premises or development upon presentation of proper credentials; 5) Floodplain Administrator may revoke the Permit; 6) The Floodplain Administrator shall maintain all. 7) The Floodplain Administrator shall submit a biennial report. 8) The Floowplain Administrator can delegate. 9) The Floodplain Administrator shall consider the requirements of the 34 PA Code and the 2009 IBC and the 2009 IRC or latest revisions thereof D. Application Procedures and Requirements 1) Application for a Permit to be in writing and include certain information. 2) Applicants for Permits shall provide all the necessary information to enable the Floodplain Administrator to determine that there has been compliance with regulations set forth therein. 3) Applicants shall file: a) A completed Permit Application Form; b) Site Plans; c) Plans of all proposed buildings, structures and other improvements; d) Data and documentation to demonstrate compliance with flood plain regulations set forth in applicable state and federal regulations; E. Review of Application by Others The Floodplain Administrator may submit plans and applications to other appropriate agencies and/or individuals for review and comment. F. Changes No changes shall be made without the written consent or approval of the Floodplain Administrator. G. Placards The Floodplain Administrator shall issue a placard. H. Start of Construction Work on proposed construction or development shall begin within 180 days and be completed within twelve (12) months. I. Enforcement 1) Notices The Floodplain Administrator shall give notice of violations of any provisions of this Ordinance. Such notice shall include certain information. 2. Penalties Pay a fine to Whitehall Township, of not less than Twenty-five Dollars ($25.00) nor more than Six Hundred Dollars ($600.00) 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 Ordinance. J. Appeals Any person aggrieved by any action or decision of the Floodplain Administrator may appeal to the Whitehall Township Zoning Hearing Board. SECTION 27-172. IDENTIFICATION OF FLOODPLAIN AREAS A. Identification The identified floodplain area shall be: 1) any areas of Whitehall Township, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 16, 2004; and 2) Any Community Identified Flood Hazard Areas. B. Description and Special Requirements of Identified Floodplain Areas The identified floodplain area shall consist of the following specific areas: 1) The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway a) Within any floodway area, no encroachments; b) Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office. 2. The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS pepared by FEMA for which base flood elevations have been provided. 3. The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. 4. The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. C. Changes in Identification of Area The Identified Floodplain Area may be revised or modified by the Whitehall Township Board of Commissioners. D. Boundary Disputes Should a dispute arise, an initial determination shall be made by Whitehall Township and any party aggrieved by this decision or determination may appeal to the Whitehall Township Zoning Hearing Board. E. Jurisdictional Boundary Changes Prior to development occuring in areas where annexation or other corporate boundary changes are proposed or have occured, the community shall review flood hazard data affecting the lands subject to boundary changes. Section 27-173. Technical Provisions A. General 1. Alteration or Relocation of Watercourse a) no encroachment, alteration, or improvement of any kind shall be made to any water- course until all adjacent municipalities have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environ- mental Protection Regional Office. b) No encroachment, alteration, or improvement of any kind shall be made to any water- course unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way. c) In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified by the applicant prior to any alteration or relocation of any watercourse. 2. If the Township proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE or alteration or relocation of a stream (including but not limited to installing culverts and bridges) the applicant shall (as per 44 CFR Part 65.12): a) apply to FEMA for conditional approval. b) Upon receipt of the Administrator's conditional approval, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and / or revised floodway reflecting the post- project condition. c) Upon completion of the proposed encroachments, a community shall provide as- built certifications. 3. Any new construction, development, uses or activities area shall be undertaken in strict compliance with the provisions contained in this Ordinance and any other applicable codes, ordinances and regulations. B. Elevation and Flood proofing Requirements Within any Identified Floodplain Area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria contained herein, then certain provisions apply as set forth in the Ordinance: a) In A Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely flood proofed up to, or above, the regulatory flood elevation. b) In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely flood proofed above the highest adjacent grade. c) Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be flood proofed. d) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive. 3. Space below the lowest floor a) shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. b) Designs for meeting this requirement must either be certified by a registered pro- fessional engineer or architect, or meet or exceed the following minimum criteria as set forth in the Ordinance. 4. Historic Structures Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this ordinance, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Accessory structures Structures accessory to a principal building need not be elevated or flood proofed to remain dry, but shall comply, at a minimum, with requirements as set forth in the Ordinance. C. Design and Construction Standards The following minimum standards shall apply for all construction and development proposed within any identified floodplain area as set forth in the Ordinance. D. Development Which May Endanger Human Life 1) any new or substantially improved structure which: a) will be used for the production or storage of any of the following dangerous materials or substances identified in the Ordinance; or, b) will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises as set forth in the Ordinance; or, c) will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. 2) Within any Identified Floodplain Area, any new or substantially improved structure of the kind described in Subsection A., above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. 3) Within any Floodway Area, any structure of the kind described in Subsection A., above, shall be prohibited. 4) Where permitted within any Identified Floodplain Area, any new or substantially improved non-residential structure of the kind described in Section 5.04 (A) above, shall be built in accordance with Sections 5.01, 5.02 and 5.03 including: a) elevated, or designed and constructed to remain completely dry up to at least one and one half (1 '/2), and b) designed to prevent pollution. E. Special Requirements for Subdivisions and Development All subdivision proposals and development proposals containing at least 50 lots or at least 5 acres, whichever is the lesser, in Identified Floodplain Areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. F. Special Requirements for Manufactured Homes Within any Identified Floodplain Area manufactured homes shall be prohibited. G. Special Requirements for Recreational Vehicles Within any Identified Floodplain Area recreational vehicles shall be prohibited. SECTION 27-174. PROHIBITED ACTIVITIES A. General In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any Identified Floodplain Area: 1) The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities: a) Hospitals b) Nursing homes c) Jails or prisons 2) The commencement of, or any construction of, a new manufactured home park or manu- factured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision. SECTION 27-175. EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS A. Existing Structures The provisions of this Ordinance do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Section 7.02 shall apply. B. Improvements The following provisions as set forth in the Ordinance shall apply whenever any improvement is made to an existing structure located within any Identified Floodplain Area: Section 27-176. VARIANCES A. General If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Whitehall Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. B. Variance Procedures and Conditions Requests for variances shall be considered by the Whitehall Township Zoning Hearing Board in accordance with the procedures contained herein and the criteria set forth in the Ordinance Section 27.177. DEFINITIONS A. General Unless specifically defined below, words and phrases used in this Article shall be interpreted so as to give this Article its most reasonable application. B. Specific Definitions 1) Accessory use or structure; 2) Base flood; 3) Base flood discharge; 4) Base flood elevation (BFE); 5) Basement; 6) Building; 7) Development; 8) Existing manufactured home park or subdivision; 9) Expansion to an existing manufactured home park or subdivision; 10) Flood; 11) Flood Insurance Rate Map (FIRM); 12) Flood Insurance Study (FIS; 13) Floodplain area; 14) Flood proofing; 15 ) Floodway; 16) Highest Adjacent Grade; 17) Historic structures; 18) Identified Floodplain Area; 19) Lowest floor; 20) Manufactured home; 21) Manufactured home park or subdivision; 22) Minor repair; 23) New construction; 24) New manufactured home park or sub- division; 25) Person; 26) Post-FIRM Structure; 27) Pre-FIRM Structure; 28) Recrea- tional vehicle; 29) Regulatory flood elevation; 30) Repetitive loss; 31) Special permit; 32) Special flood hazard area (SFHA); 33) Start of construction; 34) Structure; 35) Subdivision; 36) Substantial damage; 37) Substantial improvement; 38) Uniform Construction Code (UCC); 39) Variance; 40) Violation ARTICLE X. ENACTMENT 33. Section 10.01 Adoption This Ordinance shall be effective on June 11, 2015 and shall remain in force until modified, amended or rescinded by Whitehall Township, Lehigh County, Pennsylvania. Copies of the complete Bill No. 15-2015 may be examined and/or obtained at the Whitehall Township municipal building located at 3219 MacArthur Road, Whitehall, Pennsylvania, during normal business hours and a copy of the proposed Ordinance is available at cost. Normal business hours are Monday through Friday, from 8:00 a.m. to 4:30 p.m. In addition, and in accordance with Section 610 of the Municipalities Planning Code, as amended, (53 P.S. 10610), attested copies of the proposed Ordinance have been filed in the Lehigh County Law Library, (Lehigh County Court House 455 W. Hamilton Street, Allentown, PA.), the Lehigh County Department of Law (Lehigh County Government Center) 17 S. 7th Street, Allentown, and Whitehall Township Building, 3219 MacArthur Road, Whitehall, PA 18051. Public comment is welcome at the hearing and copies of the proposed amendments may be inspected and are available at the cost thereof at the Township Building daily, 8:30 a.m. to 4:00 p.m. except weekends and holidays. Apr. 15, 29

PUBLIC NOTICE ESTATE NOTICE Estate of George R.

Wednesday, April 15, 2015 in Legals

PUBLIC NOTICE ESTATE NOTICE Estate of George R. Kraynek, Sr. a/k/a George R. Kraynek, late of Whitehall, Lehigh County, Pennsylvania. Letters Testamentary have been granted to the undersigned, who request all persons having claims or demands against the Estate of the Decedent to make known the same, and all persons indebted to the Decedent to make payments without delay to Kathleen Vaglica, c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102 or her Attorney, Lisa A. Bartera, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Apr. 15, 22, 29

PUBLIC NOTICE ESTATE of HOPE L. LONG, deceased,

Wednesday, April 15, 2015 in Legals

PUBLIC NOTICE ESTATE of HOPE L. LONG, deceased, late of Macungie, Lehigh County, Pennsylvania. Letters of Administration DBNCTA have been granted to the undersigned, who requests all persons having claims or demands against the Estate of the Decedent to make known the same, and all persons indebted to the Decedent to make payments without delay to Kathy J. Seaman, Administratrix c/o Michael Ira Stump, Esquire 207 E. Main Street, Suite 100 Macungie, PA 18062 Or to her Attorney: Michael Ira Stump, Esquire 207 E. Main St., Suite 100 Macungie, PA 18062 Apr. 15, 22, 29

PUBLIC NOTICE ESTATE of JOHANNA M. HOPPES, a/k/a

Wednesday, April 15, 2015 in Legals

PUBLIC NOTICE ESTATE of JOHANNA M. HOPPES, a/k/a JOHANNA MARIE HOPPES, Deceased, late of Whitehall, Lehigh County, Pennsylvania. Letters of Administration C.T.A. have been granted to the undersigned, who requests all persons having claims or demands against the estate of the decedent to make known the same, and all persons indebted to the decedent to make payments without delay to: DONALD B. HOPPES, Administrator C.T.A. c/o his attorney: JOHN M. ASHCRAFT, III, Esquire Address: 20 North 5th St., Suite #1 Emmaus, PA 18049-2406 Apr. 15, 22, 29

PUBLIC NOTICE Estate of MARY R. SPOTTS, deceased,

Wednesday, April 15, 2015 in Legals

PUBLIC NOTICE Estate of MARY R. SPOTTS, deceased, late of Bath, Northampton County, Pennsylvania, Letters Testamentary have been granted to the undersigned, who requests all persons having claims or demands against the Estate of the Decedent to make known the same, and all persons indebted to the Decedent to make payments without delay to: Linda M. Troop, Executrix c/o YOUNG & YOUNG Rebecca M. Young, Esq. Lia K. Snyder, Esq. 119 E. Main Street Macungie, PA 18062 Or to her Attorney: YOUNG & YOUNG Rebecca M. Young, Esq. Lia K. Snyder, Esq. 19 E. Main Street Macungie, PA 18062 Apr. 15, 22, 29