Township of East Vincent, PA UNIFORM CONSTRUCTION CODE

[Ord. 143, 11/20/1996, §§ 1 and 2; as amended by Ord. 185, 8/2/2006]

This is an amendment to the Building Code of East Vincent Township (International Building Code (hereafter "IBC")) to provide compliance with § 60.3(d) of the National Flood Insurance Program and the Pennsylvania Floodplain Management Act of 1978 (1978-166). A new Chapter 36 is adopted herein for purposes of management of construction and development in designated flood hazard districts of East Vincent Township. If any later version of International Code is adopted by the Township, the following Chapter 36 shall be automatically adopted as a part of said code and shall be assigned a new chapter number following the last published number of said code.

CHAPTER 36
CONSTRUCTION AND DEVELOPMENT IN DESIGNATED FLOOD HAZARD DISTRICTS
SECTION 3600.1 - GENERAL
3600.1 Scope: The provisions of this chapter shall govern all construction and development within designated floodplain districts.
3600.2 Performance Standards: The provisions of this chapter shall be the minimum standards for construction and development within designated floodplain and flood hazard districts and shall not supersede, but shall be in addition to applicable provisions of other chapters of this code and of other lawfully adopted statutes, ordinances, rules and regulations. Except as may be otherwise specifically provided in this chapter, the interpretation of the provisions of this chapter is intended to be such that whenever the provisions contained herein are at variance with applicable provisions of other provisions of this code or of other lawfully adopted statutes, ordinances, rules and regulations, the most restrictive provisions shall govern.
SECTION 3601.0 - DEFINITIONS
3601.1 Application of Terms: The terms defined in this section, together with the general definitions set forth in chapter 2 of this code, shall be used to interpret the provisions of this chapter. In the event that the meanings of terms defined herein are at variance with those set forth in chapter 2 of this code, the meanings contained in this section shall control.
3601.2 Definitions: Unless otherwise expressly stated, the following terms, for the purposes of this chapter, shall have the meanings indicated:
Basement - any area of the building having its floor subgrade (below ground level) on all sides.
Completely dry space - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure including the placement of mobile homes or manufactured homes.
Designated flood hazard districts - those floodplain or flood hazard districts specifically designated in the East Vincent Township Zoning Ordinance [Chapter 27], as amended.
Designated floodway district or area - the FW Floodway Floodplain District and/or the floodway portion of the FA General Floodplain District designated in the East Vincent Township Zoning Ordinance, as amended.
Development - any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations, the storage of equipment or materials, and the subdivision of land.
Essentially dry space - a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
Floodproofing - any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
Floodway - the area of a designated flood hazard or floodplain district required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
Historic structure - any structure that is:
(1)	Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2)	Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significant of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3)	Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
(4)	Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a)	By an approved state program as determined by the Secretary of the Interior.
(b)	Directly by the Secretary of the Interior in states without approved programs.
Lowest floor — the lowest floor of the lowest fully enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
Manufactured home - see "mobile home."
Mobile home - a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
Mobile home park - a parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of two or more mobile homes for non-transient use.
New construction - Structures for which the "start of construction" commenced on or after August 20, 1969, which is the effective date of the original floodplain management regulations adopted by the Township of East Vincent and includes any subsequent improvement to such structures.
Obstructions - any wall, dam, wharf, embarkment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuses, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or designated floodplain district, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
One-hundred-year flood - a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
Recreational vehicle - a vehicle which is:
(1)	Built on a single chassis.
(2)	400 square feet or less when measured at the largest horizontal projection.
(3)	Designed to be self-propelled or permanently towable by a light duty truck.
(4)	Designed primarily not for use a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory flood elevation - the 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
Street - any way used or intended to be used by vehicular traffic or pedestrians, whether public or private, including, without limitation, a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, and viaduct.
Substantial damage - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial improvement - any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
(1)	Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
(2)	Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
SECTION 3602.0 - ELEVATION STANDARDS
3602.1 Residential Structures: Within any designated flood hazard district, the lowest floor (including basement) of any improved existing residential structure allowed as a special exception or by variance shall be at least 1 1/2 feet above the 100-year flood elevation.
3602.2 Nonresidential Structures:
A.	Within any designated floodplain district, the lowest floor (including basement) of any improved existing nonresidential structure allowed as a special exception or by variance shall be at least 1 1/2 feet above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
B.	Any existing structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992) for that type of construction.
3602.3 Fully Enclosed Area Below Lowest Floor: Except as hereinafter provided, a fully enclosed area below the lowest floor (including basement) of any residential or non-residential structure, which areas are subject to flooding, shall be prohibited. Existing fully enclosed areas below the lowest floor of any residential or non-residential structure, which areas are subject to flooding and usable solely for parking of vehicles, building access, or storage in an area other than a basement, shall be allowed to continue provided such areas are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement either must be certified as meeting this requirement by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: (A) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (B) the bottom of all openings shall be no higher than one foot above grade; and (C) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
SECTION 3603 - DESIGN AND CONSTRUCTION STANDARDS
3603.1 Drainage Facilities: Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage at all points along streets; and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
3603.2 Sanitary Sewer Facilities: All new or replacement sanitary sewer facilities (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
3603.3 Water Facilities: All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize or eliminate flood damages.
3603.4 Streets: The finished elevation of proposed new streets in any Flood Hazard District shall be no more than one foot below the regulatory flood elevation.
3603.5 Utilities: All utilities such as gas lines, electrical, and telephone systems should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
3603.6 Fill: If fill is allowed under a special exception or variance, it shall:
A.	Extend laterally at least 15 feet beyond the building line from all points.
B.	Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
C.	Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
D.	Be no steeper than one vertical to two horizontal, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Township Engineer.
E.	Be used to the extent to which it does not adversely affect adjacent properties.
3603.7 Placement of Buildings and Structures: All new buildings and structures shall be constructed and placed on the lot so as to be totally outside of any flood hazard area.
3603.8 Anchoring:
A.	All existing buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
B.	All existing air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.
3603.9 Floor, Walls and Ceilings: For existing buildings in a flood hazard area where located at or below the regulatory flood elevation:
A.	Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
B.	Plywood shall be of an "exterior" or "marine" grade and of a water resistant or waterproof variety.
C.	Walls and ceilings shall have sufficient wet strength and be so installed as to survive inundation.
D.	Windows and frames, doors and frames, doorjambs, and other components shall be made of metal or other water-resistant material.
3603.10 Electrical Systems:
A.	All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
B.	No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the 100-year flood elevation.
C.	Separate electrical circuits shall serve lower levels and shall be dropped from above.
3603.11 Plumbing and Other Systems (Existing Structures):
A.	Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
B.	No part of any on-site sewage disposal system shall be expanded within any designated flood hazard or floodplain district.
C.	Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of flood waters into the systems and discharges from the system into flood waters.
D.	All gas and oil supply systems for existing structures shall be designed to preclude the infiltration of flood waters into the systems and discharges from the systems into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
3603.12 Paints and Adhesives: For existing structures where located at or below the regulatory flood elevation:
A.	Adhesives shall have a bonding strength that is unaffected by inundation (i.e., "marine" or water-resistant quality).
B.	All wooden components such as doors, trim and cabinets, shall be sealed with a "marine" or water-resistant quality or similar product.
C.	Paints or other finishes shall be capable of surviving inundation (i.e., "marine" or water-resistant quality).
3603.13 Storage: All existing materials that are buoyant, flammable, explosive, or in time of flooding, possibly injurious to human, animal or plant life, and not listed in § 27-1501.9C of the Township Zoning Ordinance [Chapter 27], shall either be relocated and stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible or completely removed from any area affected by flooding.
SECTION 3604.0
SPECIAL FLOOD DAMAGE CONTROL PROVISIONS FOR EXISTING MOBILE HOMES AND EXISTING MOBILE HOME PARKS
3604.1 Application: The provisions contained in this section shall apply to any existing mobile homes and mobile home parks located in designated floodplain districts, and shall be in addition to other applicable provisions of this chapter.
3604.2 Anchoring: All existing mobile homes and any permitted additions thereto by special exception or variance shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards Institute and the National Fire Protection Association Standards as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA N. 501A-1974 (ANSI A119.3-1975)) as amended for Mobile Homes in Hurricane Zones or other appropriate standards such as the following:
A.	Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
B.	Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
C.	All components of the anchoring system shall be capable of carrying a force of 4,800 pounds per square inch.
3604.3 Elevation: All existing mobile homes and any additions thereto shall also be placed on a permanent foundation and elevated in accordance with the following requirements:
A.	The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be at or above the elevation of the regulatory flood. No expansion or enlargement of an existing mobile home shall be allowed within any floodway which would cause any increase in the elevation of the 100-year flood.
B.	Adequate surface drainage is provided.
C.	Adequate access for a hauler is provided.
D.	Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
3604.4 Evacuation Plan: An evacuation plan for mobile home parks, indicating alternate vehicular access and escape routes, shall be filed with the Code Enforcement Officer.
3604.5 Prohibition in Floodway: No existing mobile homes or existing mobile home parks shall be expanded or allowed in any designated floodway district or area.
SECTION 3605.0
OTHER EXISTING STRUCTURES IN DESIGNATED FLOODPLAIN DISTRICTS
3605.1 Application: Structures lawfully existing in any designated flood hazard or floodplain district prior to the enactment of this chapter, but which are not in compliance with the provisions of this chapter, may continue to remain subject to the provisions of this section.
3605.2 Offsetting Flood Height Effects: Existing structures located in a designated Floodway District or area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
3605.3 Alterations Under 50%: Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
3605.4 Alterations of or Greater Than 50%: Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
SECTION 3606.0 - CODE VARIANCES[1]
3606.1 General: If compliance with the elevation or floodproofing requirements stated in this chapter would result in an exceptional hardship for a prospective builder, developer, or land owner, the Board of Supervisors may, upon written application, grant relief from the strict application of the requirements, in accordance with the terms of this section.
3606.2 Standards for Review: Requests for variances to the strict application of the elevation or floodproofing requirements of this chapter may be granted by the Board of Supervisors in accordance with the following standards:
A.	No variance shall be granted for any construction, development use or activity within any designated floodway district or area that would cause any increase in the 100-year elevation.
B.	No variances shall be granted unless all structures proposed thereby shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, and the effects of buoyancy of the 100-year flood.
C.	Except for a possible modification of the freeboard requirement involved, no variance shall be granted to or from any requirements pertaining specifically to types of development, obstructions or activities regulated under the provisions of § 27-1501 of the Township Zoning Ordinance [Chapter 27], including without limitation those types of development, activities and obstructions requiring a special permit.
D.	In reviewing any requests for a variance, the Board of Supervisors shall consider, but not be limited to, the following:
(1)	That there is good and sufficient cause for the variance.
(2)	That the failure to grant the variance will result in exceptional hardship to the applicant.
(3)	That the granting of the variance will not result in any unacceptable or prohibited increased flood heights, additional threats to public safety, extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with any other applicable local or State ordinances and regulations.
E.	If granted, the variance shall involve only the least modification of the requirement in question necessary to provide relief.
F.	In granting any variance, the Board of Supervisors may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
3606.3 Notification: Whenever a code variance is granted, the Board of Supervisors shall notify the applicant in writing that:
A.	The granting of the variance may result in increased premium rates for flood insurance.
B.	Such variance may increase risks to life and property.
3606.4 Records: A complete record of all variance requests, decisions thereon, and related actions shall be maintained by the Board of Supervisors. In addition, a report of all variances granted during the year shall be included in the annual report of the Township to the Federal Insurance Administration.
SECTION 3607.0 - SUPPLEMENTARY ADMINISTRATIVE PROVISIONS
3607.1 General: In addition to the permit application requirements and procedures set forth in chapter 1 of this code, all proposed construction and development for expansion of an existing use within a designated floodplain district shall comply with the permit application and procedures set forth in this section.
3607.2 Additional Documentation and Information: The following specific documents and information shall be included as part of the application for a permit to allow construction or development in a designated flood hazard or floodplain district:
A.	A plan of the entire site, drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(1)	North arrow, scale and date.
(2)	A location map showing the vicinity in which the proposed activity or development is to be located within the Township.
(3)	Topography based upon the National Geodetic Vertical Datum showing existing and proposed contours at intervals of 2 feet.
(4)	All property and lot lines including dimensions, and the size of the site expressed in acres, and square feet.
(5)	The location of all existing streets, drives and other accessways with information concerning widths, pavement types and construction, and elevations.
(6)	The location of any existing bodies of water or watercourses, buildings, structures and other, public or private, facilities, and any other natural or man-made features affecting, or affected by, the proposed activity or development.
(7)	The location of the flood hazard or floodplain district boundary line; the floodway line if available; information and spot elevations concerning the 100-year flood elevations; and information concerning the flow of water including direction and velocities.
(8)	A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements, including the location of any existing or proposed subdivision and land development in order to assure that:
(a)	All such proposals are consistent with the need to minimize flood damage.
(b)	All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(c)	Adequate drainage is provided so as to reduce exposure to flood hazards.
B.	Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(1)	A detailed architectural or engineering drawings including building size, floor plans, sections, and exterior building elevations as appropriate.
(2)	The proposed lowest floor elevations of any proposed building based upon National Geodetic Vertical Datum.
(3)	Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with a 100-year flood.
(4)	Detailed information concerning any proposed flood-proofing measures.
(5)	Cross-section drawings for all proposed streets, drives, and 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.
(7)	Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(8)	Soil types.
C.	The following data and documentation:
(1)	A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100-year flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.
(2)	The appropriate component of the "Planning Module for Land Development" of the Pennsylvania Department of Environmental Protection.
(3)	Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Protection to implement and maintain erosion and sedimentation control.
3607.3 Review by Chester County Conservation District: A copy of all applications and plans for construction and development related to expansion of an existing use in any designated floodplain district to be considered for approval shall be submitted by the Code Enforcement Officer to the Chester County Conservation District for review and comment prior to the issuance of a permit.
3607.4 Review by Others: A copy of all plans and applications for any proposed construction or development for expansion of an existing use in any designated flood hazard or floodplain district to be considered for approval may be submitted by the Code Enforcement Officer to any other appropriate agencies and/or individuals, such as, without limitation, the Township Planning Commission and the Township Engineer, for review and comment.
3607.5 Other Permit Issuance Requirements: Prior to the issuance of any permit, the Code Enforcement Officer shall review the application for such permit to determine that all other necessary governmental permits have been obtained, such as those required by state and federal laws, including, without limitation, the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, the Dam Safety and Encroachments Act, Act of November 25, 1978, P.L. 1375, as amended; and the Federal Water Pollution Control Act Amendments of 1972, § 404, 33 U.S.C. § 1334. No permit shall be issued until such determination has been made.
3607.6 Additional Requirements and Procedures for the Application and Issuance of Special Permits:
A.	In addition to other permit application and issuance requirements of this section, the following information and documentation shall be required in applying for any special permit which may be required in the future by the Township Zoning Ordinance [Chapter 27] to allow activities, uses, construction, construction and development in a designated flood hazard or floodplain district:
(1)	Certification from the applicant that the site upon which the activity or development is proposed is an existing and single parcel, owned by the applicant or the client he represents.
(2)	Certification from a registered professional engineer or architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.
(3)	A statement, certified by a registered professional engineer, 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 100-year flood including a statement concerning the effects such pollution may have on human life.
(4)	A statement certified by a registered professional engineer, which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.
(5)	A statement, certified by a registered professional engineer, 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 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows.
(6)	An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
B.	Upon filing of an application for a special permit with the Township, the following procedures shall apply in addition to all other applicable permit procedures:
(1)	Within three working days following filing of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Chester County Planning Commission by registered or certified mail for its review and recommendation. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
(2)	If the application is incomplete, the Code Enforcement Officer shall notify the applicant in writing, stating in what respects the application is deficient.
(3)	If the Township, by and through the Code Enforcement Officer, decides to disapprove the application, the Code Enforcement Officer shall notify the applicant, in writing, of the reasons for the disapproval.
(4)	If the Township, by and through the Code Enforcement Officer, approves the application, it shall file written notification thereof, together with the application and all pertinent information with the Pennsylvania Department of Economic and Community Development, registered mail, within five working days after the date of approval.
(5)	Before issuing the special permit, the Code Enforcement Officer shall allow the Pennsylvania Department of Economic and Community Development 30 days, after the receipt by the Department of the written notification of approval, to review the application and the decision made by the Township by and through its Code Enforcement Officer.
(6)	If the Township does not receive any communication from the Pennsylvania Department of Economic and Community Development during the thirty-day review period, the Code Enforcement Officer may issue the special permit to the applicant if all other persons or agencies have approved the submission.
(7)	If the Pennsylvania Department of Economic and Community Development should decide to disapprove the application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Code Enforcement Officer shall not issue the special permit.
C.	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.
(1)	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:
(a)	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:
1)	The structure shall survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.
2)	The first floor elevation shall be at least at the regulatory flood elevation.
3)	The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
(b)	Prevent any significant possibility of pollution, increased flood levels, flows, or debris endangering life and property.
(2)	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, and the like shall be submitted in sufficient detail to allow a thorough technical review by the Code Enforcement Officer, Township Engineer, and other appropriate governmental officials and agencies, and by the Pennsylvania Department of Economic and Community Development.
SECTION 3608.0 - WARNING AND DISCLAIMER OF LIABILITY.
3608.1 Warning: The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur in rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. The provisions of this chapter do not imply that areas outside the designated floodplain districts, or that construction, development or other land uses permitted within such district, will be free from flooding or flood damages.
3608.2 Disclaimer of Liability: This chapter shall not create liability on the part of East Vincent Township, the Code Enforcement Officer, the Township Engineer, or any other officer or employee thereof, for any flood damages that may result from reliance on the provisions of this chapter or on any administrative decision lawfully made hereunder.
SECTION 3609.0 - STATE LAWS AND REGULATIONS, VALIDITY AND CONTINUATION OF EXISTING REGULATIONS.
3609.1 State Law and Regulations: In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the Commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or in excess of the provisions of this chapter. The Code shall control in all cases where the State requirements are not as strict as those contained in this chapter.
3609.2 Validity: The invalidity of any section or part of this chapter shall not affect the remaining Sections.
3609.3 Provisions to be Continuation of Existing Regulations: The provisions of this chapter so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any of the repealed ordinances.

[1]

Building Code variance, not a zoning variance.