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 Zoning Hearing Board:
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.
Editor's Note: See 32 P.S. § 679.101 et seq.
Applicants for special permits shall provide five copies of the following items:
A written request including a completed permit application form.
A small scale map showing the vicinity in which the proposed site is located.
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:
North arrow, scale and date;
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
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;
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;
The location of all proposed buildings, structures, utilities, and any other improvements; and
Any other information which the municipality considers necessary for adequate review of the application.
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood;
Detailed information concerning any proposed floodproofing measures;
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
The following data and documentation:
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;
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood;
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;
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;
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;
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development";
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;
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.
Upon receipt of an application for a special permit by the Borough of Middletown, the following procedures shall apply, in addition to those of Article II:
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 Borough of Middletown Planning Commission and Borough of Middletown Engineer for review and comment.
If an application is received that is incomplete, the Borough of Middletown shall notify the applicant in writing, stating in what respect the application is deficient.
If the Borough of Middletown decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
If the Borough of Middletown 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 calendar days after the date of approval.
Before issuing the special permit, the Borough of Middletown 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 of Middletown.
If the Borough of Middletown 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.
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough of Middletown and the applicant, in writing, of the reasons for the disapproval, and the Borough of Middletown shall not issue the special permit.
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.
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:
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:
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.
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.
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.
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
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 of Middletown and the Department of Community and Economic Development.