Township of Rostraver, PA Article VI Activities Requiring Special Permits

§ 97-29 General.

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

A. The commencement of any of the following activities or 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.

§ 97-30 Application requirements for special permits.

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

A. A written request, including a completed zoning 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 National Geodetic Vertical Datum 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 accessways 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 one-hundred-year-flood elevations 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 municipality 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 one-hundred-year 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 one-hundred-year 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 one-hundred-year 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 one-hundred-year-flood elevations 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 amount 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;

(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;

(9) An evacuation plan which fully explain the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.

§ 97-31 Application review procedures.

Upon receipt of an application for a special permit by Rostraver Township, the following procedures shall apply in addition to those of Article III:

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 forward to the Township Planning Agency and Township Engineer for review and comment.

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

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

D. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, by registered or certified mail, within five working days after the date of approval.

E. Before issuing the special permit, the Township shall allow the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.

F. If the Township does not receive any communication from the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, during the thirty-day review period, it may issue a special permit to the applicant.

G. If the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, 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.

§ 97-32 Special technical requirements.

A. In addition to the requirements of Article V of this chapter, 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 Article V of this chapter 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 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.

(b) The lowest floor (including basement) elevation will be at least 1 1/2 feet above the one-hundred-year-flood elevation. Within the FO Area, the lowest floor (including basement) elevation will be above the highest adjacent grade at least 1 1/2 feet above the depth number specified in feet on the Flood Insurance Rate Map.

(c) 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.

(2) Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property. 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 Rostraver Township and the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office.