[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
1. In accordance with the Pennsylvania Floodplain Management Act and
regulations adopted by the Department of Community and Economic Development,
as required by the Act, the following obstructions and activities
are permitted only by special permit, if located partially or entirely
within any identified floodplain area:
A. 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:
(4)
New manufactured home parks or manufactured home subdivisions,
and substantial improvement to an existing manufactured home park
or manufactured home subdivision.
[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
1. Applicants for special permits shall provide five copies of the following
items:
A. A written request including a completed building 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 National Geodetic Vertical Datum of
1929, 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 access ways
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 one-hundred-year flood elevations and
information concerning the flow of water including direction and velocities.
(7)
The location of all proposed buildings, structures, utilities
and any other improvements.
(8)
Any other information which the Borough 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 one-hundred-year
flood.
(4)
Detailed information concerning any proposed flood-proofing
measures.
(5)
Cross-section drawings for all proposed streets, drives, other
access ways and parking areas, showing all rights-of-way and pavement
widths.
(6)
Profile drawings for all proposed streets, drives and vehicular
access ways including existing and proposed grades.
(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 one-hundred-year flood.
(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 one-hundred-year flood, 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 one-hundred-year
flood elevations 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 one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year flood elevations and flows.
(6)
The appropriate component of the Department of Environmental
Protections' "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 § 302 of Act 1978-16.
(9)
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.
[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
1. 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.
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 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.
B. If an application is received that is incomplete, the Borough shall
notify the applicant in writing, stating in what respects the application
is deficient.
C. If the Borough decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D. 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 certified
mail, within five working days after the date of approval.
E. 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 and the decision
made by the Borough.
F. 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.
G. 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.
[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
1. 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 provision, the more restrictive provision
shall apply:
A. 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 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.
(b)
The lowest floor elevation (including basement) will be at least
1 1/2 feet above the one-hundred-year flood elevation.
(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)
Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life and property.
B. 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.
[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
Within any identified floodplain area, any structure of the kind described in §
8-404, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
[Ord. 782, 9/17/1986;
as added by Ord. 976, 1/16/2008]
Except for a possible modification of the freeboard requirement
involved, no variance shall be granted for any of the other requirements
of this chapter.