Loading...
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)
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
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)
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
1. Requests for variances shall be considered by the Township of Dover in accordance with the procedures contained in Section § 4-121 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
B. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Section F) or to Development Which May Endanger Human Life (§ 4-144).
C. If granted, a variance shall involve only the least modification necessary to provide relief.
D. In granting any variance, the Township of Dover shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Part.
E. Whenever a variance is granted, the Township of Dover shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates for flood insurance.
(2) Such variances may increase the risks to life and property.
F. In reviewing any request for a variance, the Township of Dover shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship to the applicant.
(3) That the granting of the variance will:
(a) Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense,
(b) Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local Parts and regulations.
G. A complete record of all variance requests and related actions shall be maintained by the Township of Dover. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
2. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
(Ord. 2015-07, 11/23/2015)
Loading...