(a) Application of section. The provisions of this section shall be applicable, in addition to any other applicable provisions of this chapter or any other ordinance, code or regulation of the township.
(b) Activities requiring special permits. In accordance with the Pennsylvania Floodplain Management Act, and regulations adopted by the Department of Community Affairs as required by such Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any identified floodplain area:
(1) Hospitals, public or private;
(2) Nursing homes, public or private;
(3) Jails; and
(4) New manufactured home parks and manufactured home subdivisions and substantial improvements to existing manufactured home parks.
(c) Permit applications; contents. Applicants for special permits shall provide five copies of the following items:
(1) A written request, including a complete building permit application form;
(2) A small scale map showing the vicinity in which the proposed site is located;
(3) A plan of the entire site, clearly and legibly drawn to a scale of one inch equals 100 feet or less, showing the following:
A. The north arrow, scale and date;
B. Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;
C. All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
D. The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavements, types, construction and elevation;
E. 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 human-made features affecting or affected by the proposed activity or development;
F. The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations and information concerning the flow of water, including direction and velocities;
G. The location of all proposed buildings, structures, utilities and other improvements; and
H. Any other information which the township considers necessary for adequate review of the application;
(4) Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:
A. Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate;
B. For any proposed building, the elevation of the lowest floor (including the basement) and, as required, the elevation of any other floor;
C. Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood;
D. Detailed information concerning any proposed floodproofing measures;
E. Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all right-of-way and pavement widths;
F. Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades; and
G. Plans and profiles of all proposed sanitary and storm sewerage systems, water supply systems and other utilities and facilities.
(5) The following data and documentation:
A. 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 or she represents;
B. Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood;
C. 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 100-year flood, including a statement concerning the effects such pollution may have on human life;
D. 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 100-year flood elevations and flows;
E. 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 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:
F. The appropriate component of the Department of Environmental Protection “Planning Module for Land Development”;
G. 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;
H. Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under § 302 of the Pennsylvania Floodplain Management Act; and
I. 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.
(d) Application review procedures. Upon receipt of an application for a special permit by the township, the following procedures shall apply in addition to all other applicable permit procedures which are already established.
(1) 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 Township Planning Commission and Township Engineer for review and comment.
(2) If an application is received that is incomplete, the township shall notify the applicant, in writing, stating in what respects the application is deficient.
(3) If the township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4) If the township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs, by registered mail, within five working days after the date of approval.
(5) Before issuing the special permit, the township shall allow the Department of Community Affairs 30 days, after receipt of such notification by the Department, to review the application and the decision made by the township.
(6) If the township does not receive any communication from the Department of Community Affairs during the 30-day review period, it may issue a special permit to the applicant.
(7) If the Department of Community Affairs decides 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.
(e) Technical requirements for development requiring a 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.
(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 will survive inundation by waters of the 100-year flood elevation 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 lowest floor elevation (including the basement) will be at least one and one-half feet above the 100-year flood elevation; and
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 or flows or debris endangering life and property.
(2) All hydrologic and hydraulic analyses shall be undertaken 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 township and the Department of Community Affairs.
(f) Variances. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
(Ord. 622, passed 5-20-1987; Ord. 623, passed 5-20-1987; Ord. 628, passed 7-15-1987)