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:
(1) 
Hospitals.
(2) 
Nursing homes (including all continuing care facilities as defined in Chapter 145, Zoning).
(3) 
Correctional facilities.
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;
(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;[1] and
[1]
Editor's Note: See 32 P.S. § 679.302.
(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.
In addition to the procedures set forth in Article IX of this Part 7:
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.