In accordance with the Department of Community and Economic
Development's administration regulations implementing the Pennsylvania
Floodplain Management Act, (Act 1978-166), the following obstructions
and activities are prohibited if located entirely or partially within
an identified floodplain area, unless a special permit is issued:
Application for a special permit shall consist of at least five
copies of the following items:
A.
A written request which includes the information specified in § 210-7 pertaining to building permit application procedures.
B.
The following documentation:
(1)
Certification from the applicant that the site upon which the activity
or development is proposed is an existing and single parcel owned
by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood;
(3)
A statement, certified by a registered 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 the
one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life;
(4)
A statement, certified by a registered professional engineer or landscape
architect, which contains a complete and accurate description of the
effects the proposed development may have on the one-hundred-year
flood elevations and flows;
(5)
A statement, certified by a registered 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 one-hundred-year
flood elevation, and the effects such materials and debris may have
on the one-hundred-year flood elevations and flows; and
(6)
An evacuation plan which fully explains the manner in which the site
will be safely evacuated before or during the course of a one-hundred-year
flood.
Upon receipt of an application for a special permit by the Township of Independence, the following procedures shall apply in addition to those of Article II:
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 County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Township of Independence
Planning Commission and the Township of Independence Engineer for
review and comment.
B.
If an application is received that is not complete, the Township
of Independence shall notify the applicant, in writing, stating in
what respects the application is deficient.
C.
If the Township of Independence decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for disapproval.
D.
If the Township of Independence approves the application, it shall
file written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
E.
Before issuing the special permit, the Township of Independence shall
allow the Department of Community and Economic Development 30 days
after receipt of the notification by the Department to review the
application and decision made by the Township of Independence.
F.
If the Township of Independence does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, it may issue a special permit to the applicant.
G.
If the Department of Community and Economic Development should decide
to disapprove the application, it shall notify the Township of Independence
and the applicant, in writing, of the reasons for the disapproval,
and the Township of Independence shall not issue a special permit.
A.
In addition to the requirements of Article IV of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Article IV of this chapter or in any other code, ordinance or regulation, the more restrictive provision shall apply.
B.
No application for a special 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 one-hundred-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the one-hundred-year
flood elevation.
(b)
The first floor elevation will be at least 1 1/2 feet above
the one-hundred-year flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the one-hundred-year
flood.
(2)
Prevent any significant possibility of pollution-increased flood
levels or flows or debris endangering life and property.
C.
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.
shall be submitted in sufficient detail to allow a thorough technical
review by the Township of Independence and the Department of Community
and Economic Development.
