(A) Preapplication procedures.
(1) Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Protection concerning soil suitability when on-site sewage disposal facilities are proposed.
(2) Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development.
(B) Preliminary plan requirements. The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer:
(1) Name of engineer, or other qualified person responsible for providing the information required in this section;
(2) A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restrictions; and
(3) Where the subdivision and/or land development lies partially or completely within any designated floodplain district, or where the subdivision and/or land development borders on a floodplain district, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the floodplain districts.
(C) Final plan requirements.
(1) The following information shall be required as part of the final plan and shall be prepared by a registered engineer:
(a) All information required for the submission of the preliminary plan incorporating any changes requested by the borough’s Planning Commission; and
(b) A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the floodprone areas.
(2) Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other Commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community Affairs and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.
(D) Identification of activities requiring a special approval. In accordance with the Pennsylvania Floodplain Management Act (Act 1978-166), being 35 P.S. §§ 679.101 et seq., and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only by special approval, if located partially or entirely within any floodplain district:
(1) The commencement of any subdivision or land development of any of the following activities:
(a) Hospitals;
(b) Nursing homes; and
(c) Jails or prisons.
(2) The commencement of a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
(E) Application requirements. Application for special approval shall provide five copies of the following items:
(1) A written request including a completed subdivision or land development application form;
(2) A small scale map showing the vicinity in which the proposed subdivision or land development is located;
(3) 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:
(a) 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, pavement types and construction and elevations;
(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 any other improvements; and
(h) Any other information which the borough 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 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 rights-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 sewer systems, water supply systems, and any other utilities and facilities.
(5) The following data and documentation:
(a) Certification from the applicant that the site upon which the activity or subdivision or land 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 subdivision or land development 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 subdivision or land 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 subdivision or land 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 any 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’s 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 Act 1978-166; 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.
(F) Application review procedures. Upon receipt of all applications for a special approval by the borough, the following procedures shall apply, in addition to all other applicable approval 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 borough’s Planning Commission and Borough Engineer for review and comment;
(2) If an application is received that is incomplete the borough shall notify the applicant in writing, stating in which respects the application is deficient;
(3) If the borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval;
(4) If the borough 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 approval, the borough shall allow the Department of Community Affairs 30 days, after receipt of the notification by the Department, to review the application and the decision made by the borough;
(6) If the borough does not receive any communication from the Department of Community Affairs during the 30-day review period, it may issue a special approval to the applicant; and
(7) If the Department of Community Affairs 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 approval.
(G) Technical requirements for a subdivision and/or land development requiring a special approval. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special approval. 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 approval shall be approved unless it can be determined that the 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 occupancy 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 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 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 can 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 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 borough and the Department of Community Affairs.
(H) Within any floodplain district, any subdivision or land development of the kind described in division (D) above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(I) Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
(Prior Code, Ch. 22, § 902) (Ord. 173, passed 10-5-1970; Ord. 245, passed 5-5-1986, § 9.20; Ord. 323, passed 7-6-1998)