[Ord. 32, 9/23/1974, § 1]
1. 
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken, the construction, reconstruction, enlargement, alteration, or relocation of any building or structure unless an approved building permit has been obtained from the Township Building Permit Officer.
2. 
A building permit shall not be required for repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
[Ord. 32, 9/23/1974, § 2]
For the purposes of this Part, the following definitions shall apply:
ALTERATION
Any work or rearrangement, removal or replacement of any exterior wall, roof or support where the actual cost thereof shall exceed $1,000.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
PERSON
Any person, persons, partnership, business or corporation.
STRUCTURE
A combination of materials to form anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, mobile homes, carports, perches, driveways, swimming pools, and ether similar items.
[Ord. 32, 9/23/1974, § 3]
1. 
Application for such a building permit shall be made in writing to the Building Permit Officer on forms supplied by the Township. Such application shall contain at least the following:
A. 
Name and address of applicant.
B. 
Name and address of owner of land on which proposed construction is to occur.
C. 
Name and address of contractor.
D. 
Site location.
E. 
Brief description of proposed work and estimated cost.
F. 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
[Ord. 32, 9/23/1974, § 4; as amended by Ord. 50, 9/22/1981, § 1; and by Ord. 05-112, 7/26/2005]
1. 
All development within the area of a floodplain shall be subject to the issuance of a building permit in accordance with the provisions herein.
2. 
Prior to the issuance of any building permit, the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Dam Safety and Encroachments Act (Act 1978-325, as amended); the U.S. Clean Water Act, § 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended). No permit shall be issued until this determination has been made.
3. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, shall be notified by the municipality prior to any alteration or relocation of any watercourse.
4. 
The plot plan shall also show:
A. 
The location of the identified floodplain area boundary line, floodway line if available, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water including direction and velocities.
B. 
A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements, including the location of any existing or proposed subdivision and land development in order to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
The proposed lowest floor elevations of any proposed building based upon National Geodetic Vertical Datum of 1929.
D. 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
E. 
Detailed information concerning any proposed floodproofing measures.
5. 
The applicant shall also set forth as additional information and data a document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[Ord. 32, 9/23/1974, § 5]
After the issuance of a building permit by the Building Permit Officer, no change of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Building Permit Officer.
[Ord. 32, 9/23/1974, § 6]
In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Permit Officer.
[Ord. 32, 9/23/1974, § 7]
Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling; excavation for basement, footings, piers, or foundations; erection of temporary forms; the installation of piling under proposed subsurface footings; or the installation of sewer, gas, and water pipes, or electric or other service lines from the street.
[Ord. 32, 9/23/1974, § 8]
During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
[Ord. 32, 9/23/1974, § 9; as amended by Ord. 05-112, 7/26/2005]
Applications for a building permit shall be accompanied by a fee, payable to the Township, based upon the estimated cost of the proposed construction in an amount as established from time to time by resolution of the Board of Supervisors.
[Ord. 32, 9/23/1974, § 10]
Any person aggrieved by the Building Permit Officer's estimate of the cost of the proposed construction may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the determination by the Building Permit Officer. Upon receipt of such appeal, the Board of Supervisors shall set a time and place not less than 10 nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination of the estimated cost by the Board of Supervisors shall be final in all cases.
[Ord. 32, 9/23/1974, § 11; and by Ord. 05-112, 7/26/2005]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of, or noncompliance with, this Part shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Part may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
[Ord. 32, 3/12/1960; as added by Ord. 50, 9/22/1981, § 2; as amended by Ord. 05-112, 7/26/2005]
1. 
Designation of Floodplain Areas. For the purposes of this Part, the areas considered to be floodplain within the Township shall be those, areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Township by the Federal Insurance Administration dated February 3, 1981. A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection at the Township offices. For the purposes of this Part, the following nomenclature is used in referring to the various kinds of floodplain areas:
A. 
FW (Floodway Area). The areas identified as "Floodway" in the Flood Insurance Study prepared by the FIA.
B. 
FF (Flood-Fringe Area). The areas identified as "Floodway Fringe" in the Flood Insurance Study prepared by the FIA.
C. 
FA (General Floodplain Area). The areas identified as "approximate one-hundred-year floodplain" in the Flood Insurance Study prepared by the FIA.
(1) 
The FW (Floodway Area) is delineated for purposes of this Part using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the Floodway Data Table contained in the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.
(2) 
The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map.
(3) 
The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood profiles or elevations are provided. Such areas are shown on the maps accompanying the Flood Insurance Study prepared by the FIA. In determining the necessary elevations for the purposes of this Part, other sources of data may be used such as:
(a) 
Corps of Engineers - Floodplain Information Reports.
(b) 
U.S. Geological Survey - Flood-prone Quadrangles.
(c) 
USDA, Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information.
(d) 
Pennsylvania Department of Environmental Protection flood control investigations.
(e) 
Known high-water marks from past floods.
(f) 
Other sources.
2. 
Changes in Floodplain Area Delineations. The areas considered to be floodplain may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need or possibility for such revision. No modification or revision of any floodplain area identified in the Flood Insurance Study prepared by the Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration.
3. 
Disputes. Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Board. The burden of proof shall be on the appellant.
[Ord. 32, 9/23/1974; as added by Ord. 50, 9/22/1981, § 3; and by Ord. 05-112, 7/26/2005]
1. 
General.
A. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection.
In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
B. 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances and regulations.
C. 
No new construction shall be permitted within any identified floodplain area.
2. 
Special Floodway and Stream Setback Requirements.
A. 
Within any FW (Floodway Area), the following provisions apply:
(1) 
No development or encroachment of any kind, shall be allowed, except where the rise in flood heights caused by the proposed development is fully offset by accompanying improvements.
(2) 
No development shall be allowed, unless a permit is obtained from the Department of Environmental Protection.
3. 
Elevation and Floodproofing Requirements.
A. 
Within any FW, FF, or FA, the lowest floor level (including basement) of any substantially improved structure shall be at least 1 1/2 feet above the one-hundred-year floodplain elevation.
B. 
Any structure, or part thereof, which cannot be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other, equivalent standard, for that type of construction.
4. 
Design and Construction Standards. The following minimum standards shall apply for all substantial improvements proposed to be undertaken within any identified floodplain area:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points.
(2) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(4) 
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Building Permit Officer.
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Drainage. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Water and Sanitary Sewer Facilities and Systems.
(1) 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damage and the infiltration of floodwaters.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
D. 
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Electrical Components.
(1) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
J. 
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.
K. 
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
5. 
Special Requirements for Mobile Homes.
A. 
Within any FW (Floodway Area), mobile homes shall be prohibited.
B. 
Within any FA (General Floodplain Area), mobile homes shall be prohibited within the area measured 50 feet landward from top-of-bank of any watercourse.
C. 
Where permitted within any FF (Flood-Fringe Area) or AA (General Floodplain Area), all mobile homes and any additions thereto shall be:
(1) 
Anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Homes including Mobile Home Park Requirements (NAPA No. 501A-1974 (ANSI A119.3-1975)) as amended for Mobile Homes in Hurricane Zones or other appropriate standards such as the following:
(a) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
(b) 
Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
(c) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(2) 
Elevated in accordance with the following requirements:
(a) 
The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(b) 
Adequate surface drainage is provided.
(c) 
Adequate access for a hauler is provided.
(d) 
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
D. 
An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township officials for mobile home parks.
[Ord. 32, 9/23/1974; as added by Ord. 50, 9/22/1981, § 4]
1. 
General. Structures existing in any identified floodplain area prior to the enactment of this Part may continue subject to the following provisions:
A. 
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in flood heights.
B. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 1/2% 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. 
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. 32, 9/23/1974; as added by Ord. 50, 9/22/1981, § 5]
1. 
General. If compliance with any requirement of this Part would result in an exceptional hardship for a prospective builder, developer, or landowner, the Township may, upon request, grant relief from the strict application of the requirement.
2. 
Variance Procedures and Requirements. Requests for variances shall be considered by the Township in accordance with the following:
A. 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
B. 
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development which may endanger human life.
C. 
If granted, a variance shall involve only the least modification necessary to provide relief.
D. 
In granting any variance, the Township 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 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 shall consider, but not be limited to, 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 statute or regulation, or local ordinance or regulation.
G. 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
[Ord. 32, 9/23/1974; as added by Ord. 50, 9/22/1981, § 6]
1. 
General. Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.
2. 
Specific Definitions.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this Part as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Flood-Plain (FA).
LAND DEVELOPMENT
(1) 
The improvement of one lot, or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
A group of two or more buildings.
(b) 
The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(2) 
A subdivision of land.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.
OBSTRUCTION
Any well, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area.
(1) 
Which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water.
(2) 
Which is placed where the flow of the water might carry the same downstream to the damage of life and property.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year)
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, a floodplain.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, shed, mobile homes, and other similar items.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) 
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
[Ord. 32, 9/23/1974; as added by Ord. 50, 9/22/1981, § 7; and as amended by Ord. 55, 4/23/1985, § 1; and by Ord. 05-112, 7/26/2005]
1. 
The provisions of this section shall be applicable, in addition to any other applicable provisions of this Part, or any other ordinance, code, or regulation.
2. 
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
A. 
Will be used for the production or storage of any of the following dangerous materials or substances;
B. 
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises;
C. 
Will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.).
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
3. 
Within any Floodway Area any structure of the kind described in Subsection 2 above shall be prohibited.
4. 
Where permitted within any Flood-Fringe Area or General Floodplain Area, any structure of the kind described in Subsection 2 above shall be:
A. 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood.
B. 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
5. 
Within any General Floodplain Area, any structure of the kind described in Subsection 2 above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
6. 
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.
[Ord. 32, 9/23/1974; as added by Ord. 55, 4/23/1985, § 2; and as amended by Ord. 05-112, 7/26/2005]
1. 
The provisions of this section shall be applicable, in addition to any other applicable provisions of this Part, or any other ordinance, code, or regulation.
2. 
Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any identified floodplain area:
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 mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
C. 
Application Requirements. Applicants for special permits shall provide five copies of the following items:
(1) 
A written request including a completed 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 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 man-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 one-hundred-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.
(h) 
Any other information which the municipality 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 one-hundred-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.
(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 development is proposed is an existing separate and single parcel, owned by the applicant or the client he 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 one-hundred-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 one-hundred-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 one-hundred-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 one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-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.
(i) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
D. 
Application Review Procedures. Upon receipt of an application for 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 and Economic Development, 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 and Economic Development 30 days, after receipt of the 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 and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7) 
If the Department of Community and Economic Development should decide 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:
(i) 
The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
(ii) 
The lowest floor elevation (including basement) will be at least 1 1/2 feet above the one-hundred-year flood elevation.
(iii) 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-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, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Department of Community and Economic Development.
F. 
Within any identified floodplain area, any structure of the kind described in Subsection 2B above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.