[Amended 12-12-2000 by Ord. No. 9-00]
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act (Act 1978-166),[1] the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area unless a special permit is issued:
A. 
Hospitals (public or private).
B. 
Nursing homes (public or private).
C. 
Jails or prisons.
D. 
New mobile home parks and mobile home subdivisions and substantial improvements to existing mobile home parks.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
Upon receipt of an application for a special permit by the City of New Kensington, the following procedures shall apply in addition to those in Article III:
A. 
Within three working days following receipt of an 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 City of New Kensington Planning Commission and City Engineer for review and comment.
B. 
If an application is received that is incomplete, the City of New Kensington shall notify the applicant, in writing, stating in what respects the application is deficient.
C. 
If the City of New Kensington decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D. 
If the City of New Kensington 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.
[Amended 12-12-2000 by Ord. No. 9-00]
E. 
Before issuing the special permit, the City of New Kensington 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 City of New Kensington.
[Amended 12-12-2000 by Ord. No. 9-00]
F. 
If the City of New Kensington 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.
[Amended 12-12-2000 by Ord. No. 9-00]
G. 
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the City of New Kensington and the applicant, in writing, of the reasons for the disapproval, and the City of New Kensington shall not issue the special permit.
[Amended 12-12-2000 by Ord. No. 9-00]
A. 
In addition to the requirements of Article V 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 V 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. 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 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 City of New Kensington and the Department of Community and Economic Development.
[Amended 12-12-2000 by Ord. No. 9-00]