§ 4-151. General.

   In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Township of Dover:

      A.   The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

         (1)   Hospitals

         (2)   Nursing homes

         (3)   Jails or prisons.

      B.   The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

(Ord. 2015-07, 11/23/2015)

§ 4-152. Application Requirements for Special Permits.

   Applicants for special permits shall provide five copies of the following items:

      A.   A written request including a completed 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 North American Vertical Datum (NAVD) of 1988, 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 access ways, 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 concerning the base flood elevation, 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 Township 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 base 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 base 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 base 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 base flood elevation 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 base flood elevation and the effects such materials and debris may have on base flood elevation and flows;

         (6)   The appropriate component of the Department of Environmental Protection's “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 base flood.

(Ord. 2015-07, 11/23/2015)

§ 4-153. Application Review Procedures.

   Upon receipt of an application for a special permit by the Township of Dover the following procedures shall apply in addition to those of Section C:

      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 Township of Dover Planning Commission and Township of Dover engineer for review and comment.

      B.   If an application is received that is incomplete, the Township of Dover shall notify the applicant in writing, stating in what respect the application is deficient.

      C.   If the Township of Dover decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

      D.   If the Township of Dover 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 Township of Dover 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 Township of Dover.

      F.   If the Township of Dover 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 Township of Dover and the applicant, in writing, of the reasons for the disapproval, and the Township of Dover shall not issue the special permit.

(Ord. 2015-07, 11/23/2015)

§ 4-154. Special Technical Requirements.

   1.   In addition to the requirements of Section E of this Part, 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 Section E of this Part or in any other code, Part, or regulation, the more restrictive provision shall apply.

   2.   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 base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.

         (2)   The lowest floor (including basement) will be elevated to at least one and one-half feet above base flood elevation.

         (3)   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.

      B.   Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

   3.   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 Township of Dover and the Department of Community and Economic Development.

(Ord. 2015-07, 11/23/2015)

F. Existing Structures in Identified Floodplain Areas

§ 4-171. Existing Structures.

   The provisions of this Part 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 § 4-172 shall apply.

(Ord. 2015-07, 11/23/2015)

§ 4-172. 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.   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 Part.

      C.   The above activity shall also address the requirements of the 34 PA Code, as amended and the 2009 IBC and the 2009 IRC or most recent revision thereof adopted by the State of Pennsylvania.

      D.   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.

      E.    Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of “repetitive loss” shall be undertaken only in full compliance with the provisions of this Part.

(Ord. 2015-07, 11/23/2015)

G. Variances