In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by North East Borough:
A. The commencement of any of the activities listed in §
500-15, Permitted Use and Special Exception Use Table, of Chapter
500, Zoning, of the Code of the Borough of North East or the construction, enlargement, or expansion of any structure used or intended to be used for such activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
C. 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 shall be prohibited within
any identified floodplain area, unless a special permit has been issued:
Applicants for special permits shall provide five copies of
the following items:
A. A written request including a completed 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 North American Vertical Datum (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 base flood elevation, 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 municipality 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 (including
basement) 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 vehicular
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 and 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 or the client he represents;
(2) Certification from a registered professional engineer or civil engineer,
that the proposed construction has been adequately designed to protect
against damage from the base flood;
(3) A statement, certified by a registered professional engineer or civil
engineer, 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 registered professional engineer or civil
engineer, which contains a complete and accurate description of the
effects the proposed development will have on base flood elevation
and flows;
(5) A statement, certified by a registered professional engineer or civil
engineer, 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 base flood elevation
and the effects such materials and debris may have on base flood elevation
and flows;
(6) The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development;"
(7) 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;
(8) 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; 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.
Upon receipt of an application for a special permit by the North East Borough, 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 North East Borough Planning
Commission and North East Borough Engineer for review and comment.
B. If an application is received that is incomplete, the North East
Borough shall notify the applicant in writing, stating in what respect
the application is deficient.
C. If the North East Borough decides to disapprove an application, it
shall notify the applicant, in writing, of the reasons for the disapproval.
D. If the North East 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 or certified mail, within five working days after the
date of approval.
E. Before issuing the special permit, the North East Borough 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 North East Borough.
F. If the North East 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.
G. If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the North East Borough
and the applicant, in writing, of the reasons for the disapproval,
and the North East Borough shall not issue the special permit.