In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the Borough:
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 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 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 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; 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 one-hundred-year
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, 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 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;
(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.
Upon receipt of an application for a special permit by the 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 Lemoyne 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 respect 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 registered
or 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 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.
A.
In addition to the requirements of Article IV 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 IV 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 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 (including basement) elevation 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.
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, 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.
