[HISTORY: Adopted by the Board of Supervisors
of the Township of Palmer 11-7-1966 by Ord. No. 81; amended in its
entirety 9-17-1973 by Ord. No. 145. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 60.
Electrical Code — See Ch. 72.
Fire prevention — See Ch. 81.
Mechanical Code — See Ch. 99.
One- and Two-Family Dwelling Unit Code — See Ch. 112.
Plumbing Code — See Ch. 124.
Property maintenance — See Ch. 128.
Individual sewage disposal systems — See Ch. 145.
Sewer use — See Ch. 147.
Stormwater management — See Ch. 158.
Street and sidewalk construction — See Ch. 160.
Subdivision and land development — See Ch. 165.
Zoning — See Ch. 190.
The short title of this ordinance shall be the
"Palmer Township Basic Building Code."
[Amended 2-24-1976 by Ord. No. 161; 4-14-1981 by Ord. No. 186; 7-28-1987 by Ord. No. 221; 7-27-1993 by Ord. No. 253; 12-18-2000 by Ord. No.
2000-293]
The publication entitled the "International
Building Code/2000," (hereafter "IBC"), and its amendments and errata
sheets, published by International Code Council, hereinafter called
the "code," is hereby accepted, adopted and incorporated in its entirety,
except as may be hereinafter otherwise indicated, as the Palmer Township
Basic Building Code. Wherever in said code blanks appear, the obvious
required or indicated insertions are to be considered made; and wherever
in said code the words "municipality" or "name of municipality" appear,
the words "Palmer Township" are to be considered as inserted.
[Amended 2-24-1976 by Ord. No. 161; 7-28-1987 by Ord. No. 221; 12-18-2000 by Ord. No.
2000-293]
The following words and figures shall be considered
inserted in the blanks appearing in the indicated sections of the
code and any equivalent section of any revision of said code:
Section
|
Title
|
Words Inserted
|
---|---|---|
101.1
|
Title
|
Palmer Township
|
[Added 12-18-2000 by Ord. No. 2000-293[1]]
The following sections of the code, denoting
work not requiring permits, shall require a zoning permit, with such
fees based upon the adopted construction valuation and fee schedule
and subject to Zoning Ordinance requirements: Section 105.2 IBC, work
exempt from permits, Building: numbers 1, 2, 4, 5, 6, 8, 9 and 10.
[1]
Editor's Note: This ordinance also provided
for the repeal of former § 55-4, Excluded sections, as amended.
Whenever a provision of this ordinance or the
code conflicts with a provision of another township ordinance or law,
the most restrictive of the two provisions shall prevail. Building
height, setback and use regulations of the Township Zoning Ordinance[1] shall prevail over provisions pertaining to similar topics
in this ordinance or the code. The standards contained in amended
Township Ordinance No. 36 for street, sidewalk and curb construction[2] shall prevail over any standards in the code for construction
of the same. Provisions of this ordinance shall prevail in any conflict
with provisions of the code incorporated herein.
All fees chargeable hereunder shall be set by
the Board of Supervisors by resolution. Unless separate provisions
are made, the value of the building shall determine the fee for moving
or demolition of the same.
[Amended 10-25-1988 by Ord. No. 227]
A.
Any person, partnership, corporation, trust or other
entity who or which is any way violates any of the provisions of this
ordinance or the code or who or which refuses to obey any lawful order
issued thereunder shall be liable, upon conviction in a summary proceeding
before any Alderman, District Magistrate or Justice of the Peace,
to pay a fine or penalty to the Township of Palmer and for the use
of said township in an amount not less than $10 nor more than $1,000
or be sentenced to imprisonment in the county prison for a period
not exceeding 30 days, as provided by law.
B.
Each day of violation of the particular code or ordinance
applicable shall be considered a separate offense, for which the fines
and penalties stated herein may be imposed on a daily basis.
Any person, partnership, corporation, trust
or other entity aggrieved or affected by any provision of this ordinance
or the code or any order issued thereunder may appeal the same to
the Township Board of Supervisors or the Board of Appeals.
The frost line in Palmer Township shall always
be taken to be three feet below finished grade line.
Main building traps shall be provided, and whenever
possible buildings accessible to public sewers, water and utilities
shall be connected to the same as provided by amended Ordinance No.
107.[1] Unused private sewage systems and tanks shall be filled
or secured. Depths given by the township for lateral connections cannot
be guaranteed as more than approximate.
[Amended 11-17-2003 by Ord. No. 2003-342]
It is the intent of this ordinance that all
roads in Palmer Township shall be curbed. The Board of Supervisors
may implement this provision from time to time and place to place
by ordinance and charge expenses to abutting property owners. In addition,
all new Township roads shall be curbed and all lots upon which new
buildings of 1,000 square feet or more are constructed shall be fully
curbed on all sides. Curbing shall be constructed according to the
specifications of Township Ordinance No. 36 as amended.[1] The Township Engineer shall supply grades for curbing
when curbing is going to be installed.
[Amended 11-17-2003 by Ord. No. 2003-342]
Sidewalks shall be provided when a new building
of 1,000 square feet or more is built upon a lot fronting on a road
designated on the Township Zoning Map as minor arterial or when the
street is already equipped with a sidewalk or when the same is necessary
to assure safety or when the same is required by the Township Supervisors
by ordinance. Sidewalks shall be constructed according to the specifications
of Township Ordinance No. 36 as amended.[1] The Township Engineer shall supply grades for sidewalks
when sidewalks are going to be installed.
Dedicated public streets shall adjoin lots containing
buildings of 1,000 square feet or more unless special permission is
given by the Board of Supervisors for a private road. If the lot upon
which a building of 1,000 square feet or more adjoins an unaccepted
or unopened street, an appropriate bond or unaccepted street agreement
authorizing opening of the street and providing for payment of the
costs of the same and utilities by the lot owner shall be filed. Specifications
for street and driveway construction shall be as set by Township Ordinance
No. 36 as amended.[1] A permit shall be required to construct or reconstruct
any driveway.
The Zoning Officer shall have authority to enforce
the provisions of this code in addition to the code enforcement personnel
appointed by virtue of this ordinance.
The grade and elevation for the foundation and
surrounding grounds of all buildings shall be supplied or approved
by the township. Grounds, utility splice boxes and the top of the
foundation shall not be below street level without special permission,
and lots built up or filled shall have easements at least 20 feet
wide with pipes and catch basins if natural watercourses are encroached.
Wood and wood scraps shall not be buried underground as fill, and
grading shall not cause water puddles.
Persons to whom permits are issued shall notify
the Building Inspector upon the completion of work or if deviations
are to be made from original plans.
No building or other permit shall be issued
for any structure requiring labor and industry or other similar approval
until such approval has been given.
The Occupational Health and Safety Act and other
safety requirements shall be fully complied with during construction
of structures. Buildings under construction shall be locked, when
unattended, as soon as feasible. Lumber and building materials shall
be stacked in a safe manner and location. Cellar excavations shall
be fenced when unattended if required by the Building Inspector and
shall be kept free of water. Temporary services shall be raintight
and sealed or locked so that there is no access to electrically charged
conductors, plug fuses, lugs, bus bars or knife switches. Ladders
shall be taken down when unattended. Portable space heaters shall
not be left unattended or used unless there is adequate ventilation
to the outside. Power tools shall not be left unattended in operable
condition.
Unless special permission is given, construction
which is noise producing shall not commence until 7:00 a.m. and shall
be discontinued by 11:00 p.m.
The provisions of this ordinance and the code
are severable. If any provision of this ordinance or the code is for
any reason invalid, such invalidity shall not affect the remaining
provisions of this ordinance or the code. It is hereby declared to
be the intent of the Board of Supervisors that this ordinance or the
code would have been enacted without such invalid provision.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
This ordinance shall take effect five days from
the date of this enactment.
[1]
Editor's Note: Former § 55-23, Smoke
detectors, as amended 12-6-1976 by Ord. No. 164, was repealed 12-18-2000
by Ord. No. 2000-293.
[Added 12-6-1976 by Ord. No. 164]
Unless authorized, no person shall remove, deface
or alter any official township placard, sign, poster, zoning hearing
notice or sticker.
[Added 12-6-1976 by Ord. No. 164]
Sections 55-25 through 55-38 of the Building Code shall apply, in addition to all other applicable sections of the Palmer Code, to all construction, substantial improvements, alterations, reconstruction and related activities, including earth moving, in any flood-prone area, floodplain district established by the Zoning Ordinance in § 190-14A, or elsewhere, and any relatively flat or low land area or other area adjoining a stream, river or watercourse found by the Zoning Officer or Code Enforcement Department to be a flood-prone area because it is subject to the unusual and rapid accumulation of surface waters from any source. New construction in any such area or district is hereby prohibited, and the alteration or reconstruction of existing buildings or structures is hereby prohibited except as expressly provided herein.
[Amended 12-6-1976 by Ord. No. 164]
Structures in any floodplain district or flood-prone
area which lawfully existed before the enactment of this ordinance,
but which are not in compliance with the provisions of this ordinance,
may continue to remain, subject to the following:
A.
Existing structures located in such area or district
shall not be extended, expanded or enlarged, unless any effect of
the proposed extension, expansion or enlargement on flood heights
is fully offset by accompanying stream improvements.
B.
Any modification, alteration, repair, reconstruction
or improvement of any kind to an existing structure, to an extent
or amount of less than 50% of its market value, shall be elevated
and/or floodproofed at least 1 1/2 feet above the standard project
flood or the one-hundred-year flood, whichever is greater, to the
greatest extent possible.
C.
Any modification, alteration, reconstruction, repair
or improvement of any kind to an existing structure, to an extent
or amount of 50% or more of its market value, shall be undertaken
only in full compliance with the provisions of this ordinance and
all other applicable ordinances and regulations.
[Added 12-6-1976 by Ord. No. 164]
Any application for a building or zoning permit concerning a property which is located in or adjacent to a floodplain district or flood-prone area as defined in § 55-25 shall, as a minimum, be accompanied by the following:
A.
A plan which accurately locates the construction proposal
with respect to the floodplain district or 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 all such proposals are consistent with the need to minimize flood
damage; that all public utilities and facilities, such as sewer, gas,
electrical and water systems are located and constructed to minimize
or eliminate flood damage; and that adequate drainage is provided
so as to reduce exposure to flood hazards.
B.
Such plan shall also include existing and proposed
contours and elevations of the ground, storage elevations, size of
the structure, elevation of the lowest floor of the structure, location
and elevations of streets, water supply, sanitary facilities, soil
types and floodproofing measures.
[Amended 8-1-1977 by Ord. No. 167]
C.
A document certified by a registered professional
engineer or architect 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 of the Palmer Code, including this ordinance.
[Added 12-6-1976 by Ord. No. 164]
A.
A copy of all applications and plans for construction,
alterations or reconstruction in any floodplain district or 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, and the plans and
applications may be submitted by the Zoning Officer to any other appropriate
agencies and/or individuals (e.g., Planning Commission, Municipal
Engineer, etc.) for review and comment.
B.
If the plan involves changes in the boundaries of
a floodplain district or flood-prone area, a copy of such plan shall
be forwarded to the Federal Insurance Administration, and no modifications
to the boundaries of the floodplain district or flood-prone area,
due to natural or man-made physical changes, shall be made without
the prior approval of the Federal Insurance Administration.
[Added 12-6-1976 by Ord. No. 164; amended 8-1-1977 by Ord. No. 167]
In a floodplain district or flood-prone area:
A.
All lowest floor levels and basements in residential
structures shall be constructed at an elevation of at least 1 1/2
feet above the standard project flood elevation or the one-hundred-year-flood
elevation, whichever is greater.
B.
Lowest floor levels and basements in nonresidential
buildings may be constructed below the level of the standard project
flood, provided that they and their attendant utilities and sanitary
facilities are designed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
[Added 12-6-1976 by Ord. No. 164]
If fill is used, in a floodplain district or
flood-prone area, it shall:
A.
Extend laterally at least 15 feet beyond the building
line from all points.
B.
Consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
C.
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
D.
Be no steeper than one vertical to two horizontal,
unless substantiating data justifying steeper slopes is submitted
to and approved by the Building Permit Officer.
E.
Be used to the extent to which it does not adversely
affect adjacent properties.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas,
all buildings and structures shall be designed, located and constructed
so as to offer the minimum obstruction to the flow of water and shall
be designed to have a minimum effect upon the flow and height of floodwater.
[Added 12-6-1976 by Ord. No. 164; amended 8-1-1977 by Ord. No. 167]
In floodplain districts and flood-prone areas:
A.
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse and lateral movement, thus reducing the threat to life and
property and decreasing the possibility of the blockage of bridge
openings and other restricted sections of the watercourse.
B.
All air ducts, large pipes and storage tanks located
at or below the first-floor level shall be firmly anchored to prevent
flotation.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas:
A.
Wood flooring used at or below the first-floor level
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without incurring structural
damage to the building.
B.
Plywood used at or below the first-floor level shall
be of any exterior or marine grade and of a water-resistant or waterproof
variety.
C.
Basement ceilings in nonresidential structures shall
have sufficient wet strength and be so installed as to survive inundation.
D.
Window frames, door frames and door jambs used at
or below the first-floor level shall be made of metal.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas:
A.
All electric water heaters, electric furnaces, electric
air-conditioning and ventilating systems and other critical electrical
installations shall be permitted only at elevations of 1 1/2 feet
or more above the standard project flood elevation or the one-hundred-year-flood
elevation, whichever is greater.
B.
No electrical distribution panels shall be allowed
at an elevation less than three feet above the level of the standard
project flood elevation or the one-hundred-year-flood elevation, whichever
is greater.
C.
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas:
A.
Water heaters, furnaces and other critical mechanical
installations shall be permitted only at elevations of 1 1/2 feet
or more above the standard project flood elevation or the one-hundred-year-flood
elevation, whichever is greater.
B.
No part of any on-site sewage disposal system shall
be constructed within any flood-prone area or floodplain district.
C.
Water supply systems and sanitary sewage systems shall
be designed to preclude infiltration of floodwaters into the systems
and discharges from the system into floodwaters.
D.
All gas and oil supply systems shall be designed to
preclude the infiltration of floodwaters into the systems and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas:
A.
Adhesives used at or below the first-floor level shall
have a bonding strength that is unaffected by inundation.
B.
Doors and all wood trim at or below the first-floor
level shall be sealed with a waterproof paint or similar product.
C.
Paints or other finishes used at or below the first-floor
level shall be capable of surviving inundation.
[Added 12-6-1976 by Ord. No. 164]
In floodplain districts and flood-prone areas
no materials that are buoyant, flammable, explosive or, in times of
flooding, could be injurious to human, animal or plant life shall
be stored below an elevation 1 1/2 feet above the standard project
flood elevation or the one-hundred-year-flood elevation, whichever
is greater.
[Added 12-6-1976 by Ord. No. 164]
Section 190-154 of the Zoning Ordinance which pertains to floodplains is expressly incorporated herein by reference. No construction, substantial improvement reconstruction or alterations shall be made hereunder until the requirements of these sections of the Zoning Ordinance have also been complied with.[1]
[Added 7-18-2005 by Ord. No. 2005-359]
A.
A building permit shall be required where a proposed
construction, renovation or conversion of any new or old basement
of a residential structure involves constructing, renovating or converting
such residential basement into a habitable space regardless of whether
such construction, renovation or conversion is structural or nonstructural
in nature.
B.
The applicant seeking to construct a residential basement
shall be required to comply with Section R310 of the 2003 International
Residential Code, as amended, entitled Emergency Escape and Rescue
Openings, as adopted by the Palmer Township Board of Supervisors by
Ordinance No. 2004-352 on June 29, 2004.
C.
This section shall not apply to any residential basement
made habitable prior to July 6, 2004.
[1]
Editor's Note: Former § 55-40, Individual lot grading
plan required, added 5-27-2008 by Ord. No. 2008-377, was repealed
9-25-2012 by Ord. No. 2012-413.