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§ 153.077 APPLICATION REVIEW PROCEDURES.
   Upon receipt of an application for a special permit by the city, the following procedures shall apply in addition to those of §§ 153.020 through 153.029.
   (A)   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 City Planning Commission and City Engineer for review and comment.
   (B)   If an application is received that is incomplete, the city shall notify the applicant in writing, stating in what respect the application is deficient.
   (C)   If the city decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
   (D)   If the city 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.
   (E)   Before issuing the special permit, the city 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 city.
   (F)   If the city does not receive any communication from the Department of Community and Economic Development during the 30-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 city and the applicant, in writing, of the reasons for the disapproval, and the city shall not issue the special permit.
(Ord. 1534, passed 3-3-2014)
§ 153.078 SPECIAL TECHNICAL REQUIREMENTS.
   (A)   In addition to the requirements of §§ 153.055 through 153.061, 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 §§ 153.055 through 153.061, 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 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 base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE;
         (b)   The lowest floor, including basement, will be elevated to at least one and one-half feet above base 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 base 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 and the like shall be submitted in sufficient detail to allow a thorough technical review by the city and the Department of Community and Economic Development.
(Ord. 1534, passed 3-3-2014)
EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN AREAS
§ 153.090 EXISTING STRUCTURES.
   The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 153.091 shall apply.
(Ord. 1534, passed 3-3-2014)
§ 153.091 IMPROVEMENTS.
   The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area.
   (A)   No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
   (B)   No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
   (C)   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.
   (D)   The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
   (E)   Within any Floodway Area/District (see § 153.041(A)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
   (F)   Within any AE Area/District without floodway (See § 153.041(B)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
   (G)   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.
(Ord. 1534, passed 3-3-2014)
VARIANCES
§ 153.105 GENERAL.
   If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the city may, upon request, grant relief from the strict application of the requirements.
(Ord. 1534, passed 3-3-2014)
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