[Ord. No. 278, 6/20/2012]
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 unless a
special permit has been issued by the Township:
[Ord. No. 278, 6/20/2012]
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 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 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 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 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;
(2)
Certification from a registered professional engineer;
(3)
Architect, or landscape architect that the proposed construction
has been adequately designed to protect against damage from the base
flood;
(4)
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;
(5)
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;
(6)
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;
(7)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(8)
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)
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
(10)
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.
[Ord. No. 278, 6/20/2012]
Upon receipt of an application for a special permit by the Township
the following procedures shall apply in addition to those of Part
2:
(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 Berks 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 respect 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 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 Township 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.
(f)
If the Township 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 and the
applicant, in writing, of the reasons for the disapproval, and the
Township shall not issue the special permit.
[Ord. No. 278, 6/20/2012]
(a)
In addition to the requirements of Part 4 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 Part 4 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:
(i)
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 BFE.
(ii)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
(iii)
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.
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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 Township and the Department of Community and
Economic Development.
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