In accordance with the administrative regulations promulgated
by PA DCED to implement the Pennsylvania Flood Plain Management Act
(Act 166-1978),[1] the activities indicated in the subsections immediately below (§ 108-801A) and further below (§ 108-801B) shall be prohibited within any FCD unless a special permit has been issued by the Township of Lower Moreland. In order to apply for a special permit, a variance must first be obtained, as outlined in Article 6 of this chapter.
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request including a completed special 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 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 BFE, 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 Township of Lower Moreland 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
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 BFE;
(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 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, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the BFE;
(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
a BFE, including a statement concerning the effects such pollution
may have on human life;
(4)
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 BFEs
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 BFE and the effects such materials and debris may have on BFEs
and flows;
(6)
The appropriate component of PA DEP's "Planning Module
for Land Development";
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of PA DEP to implement and maintain erosion and sedimentation
control;
(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 Township of Lower Moreland, the following procedures shall apply in addition to those of Article 2 of this chapter:
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 MCPC by registered or certified mail for
its review and recommendations. Copies of the application shall also
be forwarded to the LMT PC and Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Township of
Lower Moreland shall notify the applicant in writing, stating in what
respect the application is deficient.
C.
If the Township of Lower Moreland decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
D.
If the Township of Lower Moreland approves an application, it shall
file written notification, together with the application and all pertinent
information, with PA DCED, by registered or certified mail, within
five working days after the date of approval.
E.
Before issuing the special permit, the Township of Lower Moreland
shall allow PA DCED 30 days, after receipt of the notification by
the Department, to review the application and decision made by the
Township of Lower Moreland.
F.
If the Township of Lower Moreland does not receive any communication
from PA DCED during the thirty-day review period, it may issue a special
permit to the applicant.
G.
If PA DCED should decide to disapprove an application, it shall notify
the Township of Lower Moreland and the applicant, in writing, of the
reasons for the disapproval, and the Township of Lower Moreland shall
not issue the special permit.
A.
In addition to the requirements set forth in Article 7 of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit.
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 BFE without
any lateral movement or damage to either the structure itself, or
to any of its equipment or contents below the BFE.
(b)
The lowest floor will be elevated to at least 1 1/2 feet
above the BFE.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the BFE.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
