[Ord. 349, 3/20/2017]
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:
(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:
(2)
Nursing homes, group homes and personal care facilities; and
(3)
Jails, prisons or correctional facilities.
(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.
[Ord. 349, 3/20/2017]
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 Township 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, and that
the applicant has full legal authority to file and pursue such application;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from a base 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 base 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 base
flood elevation 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 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 that fully explains the manner in which the
site will be safely evacuated before or during the course of a base
flood, which shall be posted at reasonable points throughout the facility.
(f) The applicant shall indemnify and hold harmless the Township, the
Floodplain Administrator and any other Township appointed or elected
officials and employees with respect to the review and administration
of this chapter and the issuance of any Special permit hereunder,
except with respect to willful, intentional violations of the same
by such individuals.
[Ord. 349, 3/20/2017]
Upon receipt of an application for a Special permit by the Township
of Lower Heidelberg the following procedures shall apply in addition
to those of Part 3:
(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 of Lower Heidelberg
Planning Commission and the Township of Lower Heidelberg's engineer
for review and comment.
(b) If an application is received that is incomplete, the Township of
Lower Heidelberg shall notify the applicant in writing, stating in
what respect the application is deficient.
(c) If the Township of Lower Heidelberg decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(d) If the Township of Lower Heidelberg 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 and before the landowner commences any activity on the land pursuant to the permit, the Township of Lower Heidelberg 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 Township of Lower Heidelberg. Any and all time limitations imposed on the Township or Floodplain Administrator in issuing a permit or special permit shall be tolled until the Department of Community and Economic Development issues a review and approval of the same as provided herein and in Subsection
(f).
(f) If the Township of Lower Heidelberg 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 Township of Lower
Heidelberg and the applicant, in writing, of the reasons for the disapproval,
and the Township of Lower Heidelberg shall not issue the special permit
nor shall the landowner commence any activity on the land pursuant
to the same.