[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
Building permits shall be required before any new construction, reconstruction, enlargement, alteration, location, placement or relocation of any building or structure is undertaken in flood-prone areas.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
The Zoning Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
1. 
Application for such a building permit shall be made, in writing, to the Zoning Officer on forms supplied by the Township of Kelly. 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.
2. 
If any proposed new construction is located within, or adjacent to, any flood-prone area, applicants for building permits shall also provide the following specific information:
A. 
A plan, prepared by a registered surveyor or engineer, which accurately locates the construction proposal with respect to the flood-prone area boundaries, stream channel and existing flood-prone developments. Included shall be all plans for proposed subdivision and/or land development to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage;
(2) 
All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
B. 
Such plan shall also include existent and proposed contours and elevation of the ground, storage elevations, size of the structure, location and elevations of streets, water supply, sanitary facilities, soil types and floodproofing measures.
C. 
A document certified by a registered professional engineer or architect stating that adequate precautions against flood damage have been taken with respect to the design of any building or structure, and that the plans for the development of the site adhere to the requirements and provisions in this chapter.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
1. 
The provisions of this section shall be applicable to and in addition to any other applicable provisions of this chapter, 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)[1] and regulations adopted by the Department of Community and Economic Development as required by the Act, as amended from time to time 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
3. 
Application Requirements. Applicants for special permits shall provide five copies of the following items:
A. 
A written request including a completed building 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 1929, 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 area, with information concerning widths, pavement types and construction, and elevations;
(5) 
The location of all 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 100-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 100-year flood;
(4) 
Detailed information concerning any proposed floodproofing measures;
(5) 
Cross-section drawings for all proposed streets, drives, other access ways, 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 system, 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 100-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 100-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 100-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 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 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;[2] and
[2]
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 100-year flood.
4. 
Application Review Procedures. Upon receipt of an application for a special permit by the Township of Kelly, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
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 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.
B. 
If an application is received that is incomplete, the Township shall notify the applicant, in writing, stating in what respects 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 Department of Community and Economic Development, by registered mail, within five working days after the date of approval.
E. 
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.
F. 
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.
G. 
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.
5. 
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.
A. 
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 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.
(b) 
The lowest floor elevation (including basement) will be at least 1 1/2 feet above the 100-year flood elevation.
(c) 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
(2) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
B. 
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, analysis, 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.
6. 
Within any identified 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.
7. 
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. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
A copy of all applications and plans for new construction in any flood-prone area to be considered for approval shall be submitted by the Zoning Officer to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Zoning Officer for possible incorporation into the proposed plan.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
A copy of all plans and applications for new construction in any flood prone area to be considered for approval may be submitted by the Zoning Officer to Kelly Township Supervisors and Planning Commission for review and comment.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
After the issuance of a building permit by the Zoning Officer, no changes 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 Zoning Officer.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
In addition to the building permit, the Zoning 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 Zoning Officer.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
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 timely extension is granted, in writing, by the Zoning 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 electrical or other service lines from the street.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
During the construction period, the Zoning 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 laws and ordinances. In the event the Zoning 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 Zoning Officer shall revoke the building permit and report such fact to the Supervisors of Kelly Township for whatever action it considers necessary.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
1. 
Applications for a building permit shall be accompanied by a fee, payable to the Township of Kelly, based upon the estimated cost of the proposed construction as determined by the Zoning Officer at the following rates:
Estimated Cost
Fee
$0 to $200
$10
$201 to $1,000
$25
Each additional $1,000 or part thereof beyond the first $1,000
$5
2. 
Any person aggrieved by the Zoning Officer's estimate of the cost of the proposed construction may appeal to the Supervisors of Kelly Township. Such appeal must be filed, in writing, within 30 days after the determination by the Zoning Officer. Upon receipt of such appeal, the Supervisors of Kelly Township 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 of the Supervisors of Kelly Township shall be final in all cases.
[Ord. No. 1-77, 2/23/1977; as amended by Ord. No. 4-85, 7/5/1985]
1. 
Notices. Whenever the Zoning Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant hereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall: a) be in writing; b) include a statement of the reasons for its issuance; c) allow a reasonable time for the performance of any act it requires; d) be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method the Commonwealth of Pennsylvania authorized or required by the laws of; e) contain an outline of remedial action which, if taken will effect compliance with the provisions of this chapter, or any part hereof, and with the regulations adopted pursuant thereto.
2. 
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant hereto, may request and shall be granted a hearing on the matter before the Supervisors of Kelly Township provided that such person shall file with the Township of Kelly Secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice. Upon receipt of such petition, the Township of Kelly Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner, the Township of Kelly Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
3. 
Findings and Order. After such hearings the Supervisors of Kelly Township shall make findings as to compliance with the provisions of this chapter and regulations issued hereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice which shall be served as provided in Subsection 1 of this section.
4. 
Record and Appeals. The proceedings at such a hearing, including the findings and decision of the Supervisors of Kelly Township and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the Township of Kelly but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Township of Kelly may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.