The provisions of this section shall be applicable, in addition to
any other applicable provisions of this chapter, or any other ordinance,
code or regulation.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
not more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises; or 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. The following list of
materials and substances are considered dangerous to human life:
Where permitted within any flood-fringe district or flood-fringe
area or general floodplain district or general floodplain area, any
structure of the kind described hereinabove shall be:
Any such structure, or part thereof, that will be built below the
regulatory flood elevation shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations (United States Army Corp of
Engineers, June 1972), or with some other equivalent watertight standard.
Within any general floodplain district or general floodplain area,
any structure of the kind described hereinabove shall be prohibited
within the area measured 50 feet landward from the top of the bank
of any watercourse.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
The provisions of this section shall be applicable, in addition to
any other applicable provisions of this chapter, or any other ordinance,
code or regulation.
Identification of activities requiring a special permit. In accordance
with the Pennsylvania Flood Plain Management Act of 1978[1] and the regulations adopted by the Department of Community
and Economic Development as required by said Act, the following obstructions
and activities are permitted only by special permit if located partially
or entirely within any floodplain district or identified floodplain
area:
The commencement of any of the following activities or the construction
or enlargement or expansion of any structure used or intended to be
used for hospitals, nursing homes, jails or prisons.
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.
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
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.
The location of the floodplain boundary lines, information and
spot elevations concerning the one-hundred-year flood elevations and
information concerning the flow of water, including direction and
velocities.
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the one-hundred-year
flood.
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 or the client he represents.
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.
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
a one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life.
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on one-hundred-year
flood elevations and flows.
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 one-hundred-year flood elevations and flows.
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166.[2]
Application review procedures. Upon receipt of an application for
a special permit by the Borough, the following procedures shall apply
in addition to all other applicable permit procedures which are already
established:
Within three working days following receipts 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 Borough Planning Commission
and Borough Engineer for review and comment.
If an application is received that is incomplete, the Borough shall
notify the applicant in writing, stating in what respects the application
is deficient.
If the Borough approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Department of Community and Economic Development, by registered
mail, within five working days after the date of approval.
Before issuing the special permit, the Borough shall allow the Department
of Community and Economic Development 30 days, after receipt of the
notification by the Department, to review the application for the
decision made by the Borough.
If the Borough 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.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Borough and the
applicant, in writing, of the reasons for the disapproval, and the
Borough shall not issue the special permit.
Technical requirements for development requiring a special permit.
In addition to any other applicable requirements, the following provisions
shall also apply to the activities requiring a special permit. If
there is any conflict between any of the following requirements and
any otherwise applicable provisions, the more restrictive provision
shall apply:
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:
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:
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.
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.
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 Borough and the Department of Community and Economic
Development.
Within any floodplain district and/or identified floodplain area, any structure of the kind described in Subsection B above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
Except for possible modification of the freeboard requirement involved,
no variance shall be granted for any of the other requirements of
this section.