Borough of Duncannon, PA Article IV Special Permits

§ 126-20 Applicability.

The commencement or expansion of the following activities or the construction or enlargement of any structure used or intended to be used for the following activities shall be prohibited within any floodplain areas unless a special permit has been issued by the Borough:

A. Hospital.

B. Nursing home.

C. Jail or prison.

D. New manufactured home park or subdivision or substantial improvement to an existing manufactured home park or subdivision. For purposes of this chapter, a "manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational vehicles, and other similar vehicles which are placed on a site for more than 180 consecutive days. For purposes of this chapter, a "manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more lots for rent or sale for placement of manufactured homes.

§ 126-21 Application requirements.

An applicant for a special permit shall provide five copies of the following:

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

B. All information required under § 126-10;

C. 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;

D. Payment of the then-current administrative fees as have been established by the Borough Council. An application submitted without payment of fees will be considered incomplete and will not be accepted for processing.

§ 126-22 Application review procedures.

A. Applications for special permits shall be submitted to the Floodplain Administrator for a completeness review. If complete upon submission, the Floodplain Administrator shall review and process the application. If incomplete upon submission, the Floodplain Administrator shall return the application to the applicant, along with a writing stating in what respect the application is deficient.

B. Within three working days following receipt of a complete application, the Borough shall forward, by registered or certified mail, a complete copy of the application and all accompanying documentation to the County Planning Commission for its review and recommendations. The Borough shall concurrently provide the Floodplain Administrator with documentation of the required service on the county.

C. The Floodplain Administrator shall forward the application to the Borough's Planning Commission and engineer for review and comment.

D. If the Floodplain Administrator disapproves the application, he shall notify the applicant, in writing, stating the reasons for the disapproval.

E. If the Floodplain Administrator approves the application, he shall file written notification of the approval, 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 of the date of approval.

F. If after 30 days the Department of Community and Economic Development has not issued a comment on the application, the Floodplain Administrator shall issue the special permit. The special permit may not be issued if the Department notifies the Borough in writing that it has disapproved the application and stated the reasons for disapproval.

§ 126-23 Requirements for special permits.

A. In addition to the requirements of § 126-10 of this chapter, the following minimum requirements apply to any proposed development requiring a special permit. In the event of a conflict between the following requirements and those set forth in § 126-10, the more restrictive requirements shall apply. No application for special permit shall be approved unless the applicant demonstrates and the Floodplain Administrator determines that the structure or activity will be located, constructed, and maintained in a manner which:

(1) Will fully protect the health and safety of the public and any occupants of the structure. At a minimum, all 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 the structure or to any of its equipment or contents located below the one-hundred-year flood elevation;

(b) The lowest floor elevation is at least 1 1/2 feet above the one-hundred-year flood elevation; and

(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) Will prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property; and

(3) Will comply with the requirements of the National Flood Insurance Program.

B. All hydrological and hydraulic analyses supporting the application shall be undertaken only by professional engineers or other professional of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses and computations shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Department of Community and Economic Development.

C. Any manufactured home in the AE Zone shall be elevated on a permanent foundation such that the lowest floor is elevated to 1 1/2 feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

§ 126-24 Conditions applicable to all special permits.

All special permits shall be conditioned upon compliance with all feasible floodproofing and other requirements necessary to minimize damage and the hindrance of flood flows and to minimize potential danger to life and property.