Land use permits shall be required before any construction or development is undertaken within any area of the Township.
A. 
The Codes Enforcement Officer shall issue a land use permit for any construction or development to be located entirely or partially within any identified floodplain area 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 chapters.
B. 
Prior to the issuance of any land use permit, the Codes Enforcement Officer 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
In the case of existing structures, prior to the issuance of any land use permit, the Codes Enforcement Officer shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
D. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection (DEP). In addition, the Federal Emergency Management Agency (FEMA) and Pennsylvania Department of Community and Economic Development (DCED), shall be notified by the Township prior to any alteration or relocation of any watercourse.
A. 
Application for such a land use permit shall be made, in writing, to the Codes Enforcement Officer on forms supplied by the Township. Such application shall comply with § 255-75 of this Code. Applicants for land use permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this 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; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
B. 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
(1) 
A completed land use 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) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;
(e) 
The location of all existing streets, drives and other accessways; and
(f) 
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 elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the one-hundred-year flood;
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;
(d) 
Detailed information concerning any proposed floodproofing measures; and
(e) 
Any supplemental information as may be necessary under 34 Pa. Code, Chapters 401 to 405, as amended, and Sections 1612.5.1, 104.7 and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.
(4) 
The following data and documentation:
(a) 
Documentation, certified by a professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
(b) 
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 one-hundred-year 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.
(c) 
Detailed information needed to determine compliance with §§ 108-18 and 108-20 of this Code, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 108-18 and 108-20 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 § 108-20 during a one-hundred-year flood.
(d) 
The appropriate component of DEP's "Planning Module for Land Development."
(e) 
Where any excavation of grading is proposed, a plan meeting the requirements of DEP, to implement and maintain erosion and sedimentation control.
C. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for land use permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[Added 12-8-2015 by Ord. No. 2015-6]
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this 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.
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Codes Enforcement Officer to the York County Conservation District for review and comment prior to the issuance of a land use permit. The recommendations of the Conservation District shall be considered by the Codes Enforcement Officer 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 Codes Enforcement Officer to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.
After the issuance of a land use permit by the Codes Enforcement Officer, 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 Codes Enforcement Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Codes Enforcement Officer for consideration.