[Added 5-23-1985 by Ord. No. 85-7]
The provisions of this article shall be applicable,
in addition to any other applicable provisions of this chapter, or
any other ordinance, code, or regulation.
In accordance with the Pennsylvania Floodplain
Management Act (Act 1978-166) and regulations adopted by the Department
of Community and Economic Development as required by the Act, the
following obstructions and activities are permitted only by a special
permit, if located partially or entirely within any identified floodplain
area:
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 1929, 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, 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 the one-hundred-year flood elevations and flows;
(6)
The appropriate component of the Department of Environmental
Protection "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 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 all other applicable permit procedures which are already established.
A.
Within three 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 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
respects 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 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 the 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.
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.
A.
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 elevation (including basement)
will be at least 1 1/2 feet above the one-hundred-year flood elevation;
and
(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.
B.
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.
Except for a possible modification of the freeboard
requirement involved, no variance shall be granted for any of the
other requirements of this article.
