Township of Lower Providence, PA Article VII Activities Requiring Special Floodplain Permits

§ 86-700 General.

In accordance with the administrative regulations promulgated by PA DCED to implement the Pennsylvania Flood Plain Management Act (Act 166 of 1978), the following activities shall be prohibited within the FCD unless a special floodplain permit has been issued by the Township. In order to apply for a special floodplain permit, a variance must first be obtained, as outlined in Article V of this chapter.

A. 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:

(1) Hospitals;

(2) Nursing homes; and

(3) Jails or prisons.

B. The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

§ 86-701 Application requirements for special floodplain permits.

Applicants for special floodplain permits shall provide five copies of the following items:

A. A written request including a completed special floodplain permit application form;

B. A small scale map showing the vicinity in which the proposed site is located;

C. 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) Topography based upon the NAVD of 1988, showing existing and proposed contours at intervals of two feet;

(3) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

(4) The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

(5) The location of any existing bodies of water or watercourses; buildings; structures and other public or private facilities, including railroad tracks and facilities; and any other natural and man-made features affecting, or affected by, the proposed activity or development;

(6) The location of the floodplain boundary line, information and spot elevations concerning the BFE, and information concerning the flow of water including direction and velocities;

(7) The location of all proposed buildings, structures, utilities, and any other improvements; and

(8) Any other information which the Township considers necessary for adequate review of the application.

D. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

(1) Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;

(2) For any proposed building, the elevation of the lowest floor and, as required, the elevation of any other floor;

(3) Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood;

(4) Detailed information concerning any proposed floodproofing measures;

(5) Cross section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;

(6) Profile drawings for all proposed streets, drives, and accessways including existing and proposed grades; and

(7) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities or facilities.

E. The following data and documentation:

(1) Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant;

(2) Certification from a licensed professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood;

(3) A statement, certified by a licensed professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life;

(4) A statement, certified by a licensed professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on base floods and flows;

(5) A statement, certified by a licensed professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the BFE and the effects such materials and debris may have on base floods and flows;

(6) The appropriate component of PA DEP's Planning Module for Land Development;

(7) Where any excavation or grading is proposed, a plan meeting the requirements of PA DEP and MCCD to implement and maintain erosion and sedimentation control;

(8) Any other applicable permits such as, but not limited to, a permit for any activity regulated by PA DEP under Section 302 of Act 1978 of 166; and

(9) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.

§ 86-702 Application review procedures.

Upon receipt of an application for a special floodplain permit by the Township, the following procedures shall apply in addition to those of Article VIII of this chapter:

A. Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the MCPC by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the LPT PC and Township Engineer for review and comment.

B. If an application is received that is incomplete, the Township shall return the application and notify the applicant in writing, stating in what respect(s) the application is deficient.

C. If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

D. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with PA DCED, by registered or certified mail, within five working days after the date of approval.

E. Before issuing the special floodplain permit, the Township shall allow PA DCED 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.

F. If the Township does not receive any communication from PA DCED during the thirty-day review period, it may issue a special floodplain permit to the applicant.

G. If PA DCED should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special floodplain permit.

§ 86-703 Special technical requirements.

In addition to the requirements set forth in Article VI of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special floodplain permit.

A. No application for a special floodplain permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:

(1) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:

(a) The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.

(b) The lowest floor will be elevated to at least one and one-half feet above the BFE.

(c) The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during a base flood.

(2) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

B. A hydrologic and hydraulic analysis in accordance with Article I of this chapter relating to hydrologic and hydraulic analyses in applicability shall be provided.