In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act
(Act 1978-166), and the mandate of the Board of Commissioners of Swatara
Township, the following obstructions and activities are prohibited
if located entirely or partially within an identified floodplain area
unless a special permit is issued:
A.
Hospitals (public or private).
B.
Nursing homes (public or private).
C.
Jails or prisons.
D.
New manufactured home parks and manufactured home subdivisions and
substantial improvements to existing manufactured home parks.
E.
Schools (public or private).
F.
Day-care centers (public or private).
G.
Churches.
H.
Theaters.
Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to those in Article III:
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 Township Planning Commission
and Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Township shall
notify the applicant, in writing, stating in what respects the application
is deficient.
C.
If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the DCED, by registered or certified mail, within five working days
after the date of approval.
E.
Before issuing the special permit, the Township shall allow the DCED
30 days, after receipt of the notification by the Department, to review
the application and the decision made by the Township.
F.
If the Township does not receive any communication from the DCED
during the thirty-day review period, it may issue a special permit
to the applicant.
G.
If the DCED should decide to disapprove an application, it shall
notify the Township and the applicant, in writing, of the reasons
for the disapproval, and the Township shall not issue the special
permit.
A.
In addition to the requirements of Article V of this chapter, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Article V of this chapter or in any other code, ordinance, or regulation, the more-restrictive provision shall apply.
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. At a minimum, all new structures shall be designed, located,
and constructed so that:
(a)
The structure will survive inundation by waters of the base
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the base flood
elevation.
(b)
The lowest floor elevation, including basement, will be at least
1 1/2 feet above the base 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 base
flood.
(2)
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property.
C.
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 and computations shall
be submitted in sufficient detail to allow a thorough technical review
by the Township and DCED.
