1.   Required Area Cannot Be Reduced. No zone lot, yard, parking are or other space shall be reduced in area or dimension so as to make it less than the minimum required by this Chapter, but if already less than the minimum required by this Chapter, said area may be continued but not further reduced.

   2.   Exception for Small Existing Nonconforming Lots in Residential Districts. A single-family dwelling may be constructed on any vacant nonconforming lot, irrespective of its area or width which is located in all R Districts if it complies with the following:

      A.   Said lot is in existence as an entity at the time of the adoption of this Chapter.

      B.   The owner of the lot does not own an adjoining lot.

      C.   The front yard conforms with the requirements of §501.

      D.   Each side yard is not less than 5 feet.

   3.   Usable Open Space. An area of at least 250 square feet of usable open space shall be provided for every dwelling unit erected on any lot.

   4.   Height Limitations. District height limitations shall not apply church spires, cupolas and domes, monuments, water towers, chimney smokestacks, silos, aerials, farm structures, and parapet walls extending not more than 4 feet above the limiting height of the building.

   5.   Yard Regulations.

      A.   Front Yard Requirements. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the one in which located. Corner lots should provide the minimum front yard requirements for the respective zone for both intersection streets.

      B.   No front yards shall be used for open storage of boats, trucks, recreational vehicles, or any other equipment except for vehicular parking on driveways.

      C.   Wherever there is pronounced alignment of buildings and depth of front yards on one side of a street within a given block, said alignment existed at the time of enactment of this Chapter, any buildings erected on such side of such street within such block may conform in alignment with those on adjoining lots, notwithstanding front yard requirements set forth in Schedule 27-II of this Chapter.

      D.   Width of One Side Yard May be Reduced. The width of one side yard may be reduced to not less than 3 feet, provided that the combined side yards shall not be less than the minimum required for the lot. Similarly, the distance between the proposed structure and another existing or proposed structure on an adjacent lot, may not be less than the minimum sum of the two side yards. A reduction of width may be authorized only by the Board when warranted by the location of existing buildings, or when conducive to the desirable development of two or more lots.

      E.   Side Yard or Corner Lot. The side yard on the side street of a corner lot shall be equal to one-half of the required front yard.

      F.   Fences and Walls Located in Yards. Fences, walls, and hedges not exceeding 6 feet in height may be located in any yard or court.

      G.   Projections into Yards. Projections into required yards shall be permitted as follows, except that in no case shall a structure or projection be located closer than 3 feet to any side or rear line, or 10 feet to any front lot line:

         (1)   Cornices, canopies, eaves, or other architectural features not required for structural support may project into a side yard not more than 3 inches per foot of side yard width, but may not exceed a total of 3 feet.

         (2)   Fire escapes and balconies to fire exits may not project into a front yard.

         (3)   Bay windows, fireplaces, chimneys, uncovered stairs and landings, and balconies not required for fire escape purposes may project up to 4 feet provided that they do not together occupy more than one-third of the length of the building wall.

      H.   Patios. Patios may be located in side and rear yards no closer than 3 feet to any adjacent property line. In case of a corner lot, they shall not reduce the side yard on the side street below the required width.

   6.   Two or More Buildings on a Lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Chapter which would normally apply to each building if each were on a separate zone lot. Two or more principal buildings located on one lot constitutes a land development and a land development plan must be filed with the Tioga County Planning Commission. [Ord. 270]

   7.   Corner Lots. At the intersection of two or more streets, no hedge, fence, or wall which is higher than 3 feet above curb level nor any other obstruction (other than a post or tree) to vision, shall be permitted in the area formed by a 15-foot radius whose center point is either the intersection of the face of curb lines or the intersection of the paved portion of street right-of-way.

   8.   Through Lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley the widest street shall be deemed the street upon which the property fronts. No principal structure shall be erected on the rear of the lot, except specified in subsection .6.

   9.   Accessory Structures. All accessory structures shall conform with the minimum yard regulations established in Schedule 27-II, except as permitted below:

      A.   Attached Accessory Structures. Accessory structures which are attached to the principal building shall comply with all of the yard requirements for the principal structures.

      B.   Unattached Accessory Structures in R District and C District. Accessory structures not attached to principal residential structures in an R District or C District shall include firewood piles. They may be erected within the required side and rear yards of a principal structure provided that it conforms with the following:

         (1)   Maximum Height. One and one-half stories or 15 feet in height except firewood piles which will be a maximum 6 feet.

         (2)   Distance from Side Lot Line. Not less than 3 feet from the side lot line unless adjoining owner consents to less (with regard to wood piles only).

         (3)   Distance from Rear Lot Line. Not less than 5 feet from the rear lot line unless adjoining owner consents to less (with regard to wood piles only) except when the structure abuts an alley, then 10 feet shall be required.

         (4)   Distance from Principal Structure. No less than 10 feet from a principal structure on an adjoining lot.

      C.   Unattached Nondwelling Accessory Structures. Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure. They shall have a rear yard of at least 10 feet. Firewood piles are included.

      D.   Number of Accessory Structures Limited. No more than two accessory structures, including a private garage are permitted on each residential zone lot, not counting firewood piles.

(Ord. 244A, 3/3/1975, Art. VIII, §8.100; as amended by Ord. 270, 6/2/198 and by Ord. 292, 10/3/1983)

   1.   Business Signs. One or more signs which direct attention to a business, profession; commodity, service or entertainment sold or offered on the premises in the C-1, C-2, I-1 and I-2 Districts are permitted provided that such are in accordance with the requirements of Schedule 27-III.

   2.   Residential Signs. Signs accessory to residential uses in the R-1 and R-2 Districts are permitted provided that such signs are in accordance with the requirements of Schedule 27-III and the following provisions:

      A.   The number of signs shall be restricted to one to each property or dwelling unit, entrance, exit, or building to which it pertains, except that properties located on corner lots may have one sign facing each street.

   3.   Height and Projection of Signs.

      A.   Signs accessory to residential uses shall not project into any public way or project higher than one story.

      B.   Business signs shall not project into any public way, nor shall they project more than 6 feet from the main wall of a building and shall not restrict vehicular or pedestrian traffic.

   4.   General Sign Regulations. The following regulations shall apply to permitted sign uses:

      A.   All signs shall conform to the same height, side yard setback and rear yard requirements established for principal buildings in the district in which the sign is located, except as follows:

         (1)   Signs which are to be attached flat against any building existing at the effective date of this Chapter.

         (2)   Signs permitted in residential district may freestanding signs located 5 feet in front of the principal building.

         (3)   Where drive-in or parking facilities are provided, one business sign not exceeding 45 square feet in area may be erected in any required setback area if it is not located nearer to the street or highway right-of-way line than one- third the required setback distance.

      B.   Signs, other than official traffic signs, shall not be erected within the right- of-way lines of any street.

      C.   No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window, or fire escape, or so as prevent free access from one part of a roof to any other part. No sign of any kind shall be attached to a standpipe or fire escape.

      D.   A zoning permit shall not be required for the erection, alteration or maintenance of any sign accessory to a residential use less than 9 square feet in area.

      E.   A zoning permit shall be required for the erection or reconstruction of any business sign.

      F.   All temporary signs erected for a special event shall be removed by the property owner when the circumstances leading to their erection no longer apply.

      G.   No sign shall be erected at the intersection of streets so as to obstruct free and clear vision, and if located within the direct line of vision of any traffic control sign or signal, shall not have flashing or intermittent lighting, or red, green or amber illumination.

(Ord. 244A, 3/3/1975, Art. VIII, §8.200)

   1.   Off-Street Parking.

      A.   Number of Parking Spaces Required. In all districts, at the time any building is erected, enlarged or increased in capacity, off-street parking spaces shall be provided as set forth in Schedule 27-I.

      B.   Size. Each off-street parking space shall have an area of no less than 200 square feet exclusive of access drive or aisles, in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than 3 spaces.

      C.   Access.

         (1)   There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private all or easement of access, there shall be provided an access drive not less than 12 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage areas or loading spaces.

         (2)   Access to off-street parking areas shall be limited to several well- defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

      D.   Location of Facilities. Off-site facilities shall be located on the same zone lot as the use to which they are accessory, or else within a radius of 400 feet. They must also be in the same ownership as the use to which they are accessory, subject to deed restrictions filed in an office of record, requiring the maintenance of the required number of spaces throughout the life of the use.

      E.   Modification of Parking Requirements. The Zoning Hearing Board may authorize, on appeal, a modification, reduction, or waiver of the foregoing in parking requirements in exceptional cases of use, zone lot size or shape, or other unusual situations.

   2.   Off-Street Loading. Every building which requires the receipt or distribution by vehicles of material or merchandise, shall provide off-street loading berths in accordance with the following:

      A.   Loading Space Requirements.

 

 

   3.   Joint Facilities for Parking or Loading. Off-street parking and fading facilities may be provided jointly for separate uses if approved by the Zoning Hearing Board. The total number of spaces shall not be less than the sum of the separate requirements for each use, and shall comply with all regulations governing location of accessory spaces.

(Ord. 244A, 3/3/1985, Art. VIII, §8.300)

   1.   Animal Hospital and Boarding Kennels. Shall be located no closer than 100 feet to any residential dwelling, restaurant or hotel within the Highway Commercial Zone, and shall show that adequate measures and controls have been taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.

   2.   Junkyards and Similar Storage Areas, Including Automobile Wrecking. No new junkyards or similar storage areas shall be permitted within the Borough limits from the date of adoption of this Chapter.

      A.   All junkyards and similar storage facilities shall be completely enclosed by a fence or wall at least 6 feet in height.

      B.   No highly inflammable or explosive material shall be stored in bulk above ground, with the exception of fuel tanks or drums which are directly connected with heating appliances.

      C.   All materials or wastes causing fumes or dust, constituting a fire hazard, or attractive to rodents or insects, may be stored outdoors only in enclosed containers.

      D.   No operations which cause a general nuisance (see §27-104) shall be permitted.

   3.   Mobile Homes.

      A.   Individual Mobile Homes.

         (1)   Where Permitted. Individual mobile homes, used for living or sleeping purposes are permitted only as a special use in the R-1 zone or in a designed mobile home court. Existing mobile homes may be replaced in the R-1 or R-2 Districts.

         (2)   Visiting Mobile Homes. Visiting mobile homes may obtain a permit to locate on a residence zone lot in R-1 and R-2 zones only for a period not to exceed 20 days during any 12-month period. Visiting mobile homes may be used for sleeping purposes only.

         (3)   Storage of Unoccupied Mobile Homes. The outdoor storage of an unoccupied mobile home on a farm, sales lot, or mobile home court may be permitted provided that it is placed to the rear of the principal building on the lot and provided that it adequately screened, or so located that it does not detract from the general appearance of the neighborhood.

         (4)   Occupancy During Construction of a Residence. A temporary 12-month permit may be issued for not more than one mobile home for the use of an owner during the construction of a residence for which a permit has been issued. Such a mobile home must conform to all of the requirements of the district which it is located and shall be supplied with adequate sewage, water and electrical facilities.

      B.   Mobile Home Courts.

         (1)   Minimum Property Requirements. Mobile home courts may be permitted as a special use in R-1 and R-2 Districts in accordance with the provisions of    this Chapter and provided that such courts shall comply with all of the minimum property requirements established by Tioga County Planning Commission. A copy of said minimum property requirements is on file at the office of the Borough Secretary and the office of the Zoning Officer [Ord. 270]

         (2)   Supplementary Provisions. The following provisions shall supplement the requirements of the FHA Minimum Property Requirements:

            (a)   No mobile home court shall be developed on a zone less than 5 acres in size.

            (b)   Individual mobile home lots located in a mobile home court shall contain at least 3,000 square feet of lot area.

            (c)   No mobile home shall be located closer than 50 feet to any property line defining the external bounds of the court.

            (d)   The minimum side clearance between any two adjacent mobile homes shall be 20 feet.

            (e)   Roadway or area lighting shall be reflected away from adjoining properties.

            (f)   The sale of mobile homes from a dealer within the mobile home court shall be prohibited.

            (g)   Individual tenants at the mobile home court may construct attached enclosures to individual mobile home provided that such enclosures do not exceed 50 percent of the floor area of the mobile home. Individual zoning permits shall be required for each enclosure in each case.

   4.   Automobile Service, Parking Garages and Parking Lots.

      A.   Location of Exits and Entrances. No vehicular entrance or exit shall be permitted within 50 feet along the same side of a street of any school, public playground, church, hospital, public library, institution for dependents or children, except where such property is in another block or on another street on which the zone lot does not abut. Such access shall not be closer to the intersection of any two street lot lines than 30 feet.

      B.   Location of Appliances or Pits. All automobile servicing pits shall be located entirely within a building.

   5.   Fences.   Fences may be erected, altered or reconstructed in accordance with all other provisions of this Chapter:

      A.   Fences running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed 4 feet above ground level when located within 25 feet of the street line in a residential zone.

      B.   Fences running parallel to the front property line may erected, altered or reconstructed to a height not to exceed 7 feet above ground level when located within 25 feet from the street line when in a commercial zone.

      C.   All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.

      D.   All fences shall be maintained in a safe, sound and upright condition.

      E.   If the Building Inspector, upon inspection, determines that any fence, or portion of any fence, is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of the written notice.

      F.   These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

   6.   Parking Standards.

      A.   Off-street parking space shall be provided as specified in this Chapter, and shall be furnished with necessary passageways and driveways.

      B.   All commercial parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces.

      C.   None of the off-street parking facilities as required in this Chapter shall be required for any existing building or use, unless said building or use shall be enlarged, in which case the provisions of this Chapter shall apply to the enlarged portion of the building or use.

   7.   Other Provisions.

      A.   No lot shall have erected upon it more than one principal residential building except in apartment developments.

      B.   Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough's requirement

      C.   At the intersection of two or more streets, no hedge fence, or wall which is higher than 3 feet above curb level, nor any other obstruction (other than a post) to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining 30 feet distant from said intersection.

      D.   Trees shall be trimmed to provide clear unobstructed vision.

(Ord. 244A, 3/3/1975, Art. VIII, §8.400; as amended by Ord. 270, 6/2/1980)

   1.   Delineation of Flood-Prone Areas. For the purposes of this Chapter, the identified floodprone area shall be those areas of the Borough which have been identified as being subject to flooding by a 100-year flood in the Flood Insurance Study prepared for the Borough by the Federal Emergency Management Agency, dated January, 1980. A map showing all areas considered to be flood-prone is available for inspection at the Borough Offices. For the purposes of this Chapter the following nomenclature is used in referring to the various kinds of flood-prone areas:

      A.   The floodway area is based on the criteria that the portion of the floodplain selected must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of the flood more than 1 foot at any one point. The areas identified as “Floodway” in the FIS prepared by the FEMA shall be supplemented with floodway areas which have been identified in other available studies or sources of information.

      B.   The Flood-Fringe Area (FF) shall be that area of the 100-year floodplain not included in the Floodway Area. The basis for the outermost boundary of this area shall be the 100-year flood elevation contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.

   The areas considered to be flood-prone may be revised or modified by the Borough 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 area identified as being flood-prone in the Flood Insurance Study prepared by tie Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration.

   2.   Use of Flood Prone Areas.

      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 municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Resources, Dams and Encroachment Division Protection. [A.O.]

      B.   Within any designated floodway (FW) area, no new construction, development, use, activity, or encroachment of any kind shall be allowed, except where the rise in flood heights caused by the proposal development is fully offset by accompanying improvements. Any development that is permitted shall be undertaken in strict compliance with the provisions contained in this Chapter and any other applicable codes, ordinances and regulations, particularly the Flood Damage Control Regulations of the Blossburg Borough Building Code.

      C.   Within any designated flood-fringe (FF) area new construction and other development, uses and activities shall be allowed, provided that they are undertaken in strict compliance with the provisions contained in this Chapter and any other applicable code ordinances and regulations, particularly the Flood Damage Control Regulations of the Blossburg Borough Building Code.

   3.   Supplementary Administrative Provisions.

      A.   A zoning permit shall be required prior to the undertaking any development in any floodplain area.

      B.   Prior to the issuance of any building permit, the Permit Office shall obtain, review, and reasonably utilize base flood evaluation and floodway data available from Federal, State, or other sources to regulate construction in a floodprone area. The Permit Office shall also review the application for permit to determine if all other necessary governmental permits such as those required by Federal, State County, and Municipal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq., the Water Obstruction Act of 1913 Dam Safety and Encroachments Act, 32 P.S. §693.1 et seq. and the Federal Water Pollution Control Amendments of 1972, §404, 33 USC 1334. No permit shall be issued until these documents have been made.

      C.   In addition to the application requirements found in §27-701, the applicant for zoning permit shall include the following:

         (1)   One hundred year flood elevations.

         (2)   Proposed lowest floor elevations in relation to mean sea level, i.e., National Geodetic Vertical Datum of 1929.

      D.   For structures to be floodproofed to the regulatory flood elevation, a document, certified by a registered professional engine or architect, which states that the proposed construction has been adequately designed to withstand the 100- year flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have to be incorporated into the design of the structure.

      E.   In granting any variance the Zoning Hearing Board shall employ the following criteria in addition to those required by §27-715.

         (1)   No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100- year flood elevation.

         (2)   Whenever a variance is granted, the Borough shall notify the applicant in writing that:

            (a)   The granting of the variance may result in increased premium rates for flood insurance.

            (b)   Such variances may increase the risks to life and property.

   4.   Supplementary Definitions.

      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.

      Flood–a temporary inundation of normally dry land areas.

      Flood-prone area–those floodplain districts specifically designated in subsection .1, above.

      100-year flood–a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1 percent chance of occurring each year, although the flood may occur in any year.)

      Regulatory flood elevation–the 100-year flood elevation.

      Where existing, the terms “mobile home” and “mobile home park” shall be read to mean “manufactured home” and “manufactured home park,” respectively throughout the Part.

[Ord. 316]

   5.   Activities Requiring Special Permits.

      A.   The provisions of this subsection shall be applicable, in addition to any other applicable provisions of this Chapter, or any other ordinance, code or regulation.

      B.   Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166), 32 P.S. §679.101 et seq., and regulations adopted by the Department of Community Affairs 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.O.]

         (1)   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:

            (a)   Hospitals.

            (b)   Nursing homes.

            (c)   Jails or prisons.

         (2)   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.

      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 1 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 2 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 100-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 buildings 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 100-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 right-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 a 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 100-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 100-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 of the proposed development will have on 100- 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 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flow:

            (f)   The appropriate component of the Department of Environmental Resources' Protections’s “Planning Module for Land Development.” [A.O.]

            (g)   Where any excavation or grading is proposed, a plan meeting the requirement of the Department of Environmental Resources Protection to implement and maintain erosion and sediment control. [A.O.]

            (h)   Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources Protection under §302 of Act 1978-166, 32 P.S. §679-302.

            (i)   An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.

      D.   Application Review Procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:

         (1)   Within 3 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 Borough Planning Commission and Borough Engineer for review document.

         (2)   If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respects the application is deficient.

         (3)   If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

         (4)   If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs and Economic Development by registered mail, within 5 working days after the date approval. [A.O.]

         (5)   Before issuing the special permit, the Borough shall allow the Department of Community Affairs and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough. [A.O.]

         (6) If the Borough does not receive any communication from the Department of Community Affairs and Economic Development during the 30- day review period, it may issue a special permit to the applicant. [A.O.]

         (7)   If the Department of Community Affairs and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit. [A.O.]

      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, a one new structures shall be designed, located and constructed so that:

               1)   The structure will survive inundation by waters of the 100- year flood without a lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100- year flood elevation.

               2)   The lowest floor elevation (including basement) will be at least 1 ½ feet above the 100-year flood elevation.

               3)   The occupants of the structure can remain inside for an indefinite period of time and be safety evacuated at any time during the 100-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 Borough and the Department of Community Affairs and Economic Development. [A.O.]

      F.   Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this Section.

(Ord. 244A, 3/3/1975; as amended by Ord. 265, –/–/----; by Ord. 297, 1/3/1984; by Ord. 315, 6/1/1987; by Ord. 316, 6/1/1987, §§1–3; and by A.O.)