In accordance with the administrative regulations promulgated
by the Pennsylvania DCED to implement the Pennsylvania Flood Plain
Management Act,[1] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by Millcreek Township:
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:
B.
The commencement of or any construction of, a new manufactured home
park or manufactured home development, or substantial improvement
to an existing manufactured home park or manufactured home development.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
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 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 elevations, and information concerning
the flow of water including direction and velocities;
(7)
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 elevation;
(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
access ways 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 or she 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 elevation;
(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 elevation, 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
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 amounts of any loose buoyant materials or debris
that may possibly exist or be located on the site below the base flood
elevations and the effects such materials and debris may have on base
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;
(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.
A.
Prior to submission of an application for a special permit to the
Township, the applicant shall submit to the County Planning Department,
by personal delivery or certified mail, return receipt requested,
a completed copy of the application and all accompanying documentation
for their review and recommendations.
B.
Four copies of the application for a special permit and of the information
and documentation to be provided with it shall be submitted to the
Floodplain Administrator, together with proof of delivery of a copy
of the application to the County's Department of Planning.
A.
The Floodplain Administrator shall provide a copy of the application
to the Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Floodplain
Administrator shall notify the applicant in writing, stating in what
respect the application is deficient. Unless all items cited in the
Floodplain Administrator's notice are provided to assure a complete
application, the Township shall take no further action on the application.
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, after review, determines that an application should
be approved, the Township shall submit to the Pennsylvania DCED notice
of such intention, together with one copy of the application and all
pertinent information, with the Pennsylvania DCED, by registered or
certified mail, within five working days after the date of the Township's
determination.
E.
Any approval determination shall be conditional on Pennsylvania DCED
approval and no permit shall be issued until the process established
in this section has been completed.
F.
The Township shall allow the Pennsylvania DCED 30 days after its
receipt of the notification from the Township, to review the application
and decision made by the Township.
G.
If the Pennsylvania DCED should decide to disapprove an application,
it shall notify the Floodplain Administrator and the applicant, in
writing, of the reasons for the disapproval, and in this event, the
Township's conditional approval shall be nullified and no special
permit shall be issued.
H.
If the Floodplain Administrator does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, the Township may then issue a special permit
to the applicant.
A.
In addition to the requirements of Articles X and XI of this Part 7, 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 Articles X and XI of this Part 7 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 base flood
elevation without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the base flood
elevation (BFE).
(b)
The lowest floor (including basement) will be elevated to at least
1 1/2 feet above the BFE.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the BFE.
(d)
Any significant possibility of pollution, increased flood levels
or flows, or debris endangering life and property is prevented.
C.
All hydrologic
and hydraulic analyses shall be undertaken only by professional engineers,
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 Pennsylvania DCED.
