Building permits shall be required before any construction or
development is undertaken within any area of the Township of Independence.
A.
The Building Permit 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.
B.
Prior to the issuance of any building permit, the Building Permit
Officer shall review the application for permit to determine if all
other necessary government permits such as those required by state
and federal laws have been obtained, such as those required by Act
537, the Pennsylvania Sewage Facilities Act[1]; the Dam Safety and Encroachments Act[2]; the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334;
and the Pennsylvania Clean Streams Act.[3] No permit shall be issued until this determination has
been made.
C.
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 Township of Independence
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterway Management.
A.
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the Township of
Independence. Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits and special permits shall also provide the following specific
information:
(1)
A plan of the entire site, drawn at a scale of one inch being equal
to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
A location map showing the vicinity in which the proposed activity
or development is to be located within the municipality.
(c)
Topography based upon the National Geodetic Vertical Datum of
1929, showing existing and proposed contours at intervals of two feet.
(d)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(e)
The location of all existing streets, drives and other accessways,
with information concerning widths, pavement types and construction,
and elevations.
(f)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, and
any other natural or man-made features affecting or affected by the
proposed activity or development.
(g)
The location of the identified floodplain area boundary line;
floodway line, if available; information and spot elevations concerning
the one-hundred-year flood elevations; and information concerning
the flow of water, including direction and velocities.
(h)
A general plan of the entire site accurately showing the location
of all proposed buildings, structures and any other improvements,
including the location of any existing or proposed subdivision and
land development, in order to assure that:
[1]
All such proposals are consistent with the need to minimize
flood damage;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(2)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
Detailed architectural or engineering drawings including building
size, floor plans, sections, and exterior building elevations, as
appropriate.
(b)
The proposed lowest floor elevations of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives and
other accessways and parking areas, showing all rights-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 and storm sewer
systems, water supply systems, and any other utilities and facilities.
(h)
Soil types.
(3)
The following data and documentation:
(a)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the one-hundred-year flood elevations,
pressures, velocities, impact and uplift forces and other hydrostatic,
hydrodynamic and buoyancy factors associated with the one-hundred-year
flood. Such statement shall include a description of the type and
extent of floodproofing measures which have been incorporated into
the design of the structure and/or the development.
(b)
(c)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(d)
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.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Building Permit Officer to any
other appropriate agencies and/or individuals (e.g., planning commission,
municipal engineer, etc.) for review and comment.
After the issuance of a building permit by the Building Permit
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
Building Permit Officer. Requests for any such change shall be in
writing and shall be submitted by the applicant to the Building Permit
Officer for consideration.
In addition to the building permit, the Building Permit 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 Building Permit Officer.
A.
Work on the proposed construction and/or development shall begin
within six months after the date of issuance of the building permit,
or the permit shall expire unless a time extension is granted, in
writing, by the Building Permit Officer. Construction and/or development
shall be considered to have started with the preparation of land,
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.
B.
Time extensions shall be granted only if a written request submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Building Permit Officer to approve such a request.
A.
During the construction periods, the Building Permit Officer or any
other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Township of Independence
laws and ordinances. He shall make as many inspections during and
upon completion of the work as are necessary.
B.
In the discharge of his duties, the Building Permit Officer shall
have the authority to enter any building, structure, premises or development
in the identified flood-prone area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this chapter.
C.
In the event the Building Permit 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 Building Permit Officer shall revoke the building
permit and report such fact to the governing body for whatever action
it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
A.
Application for a building permit shall be accompanied by a fee,
payable to the Township of Independence, based upon the estimated
cost of the proposed construction, as determined by the Building Permit
Officer, at the rates previously determined by Independence Township
pursuant to a prior ordinance of Independence Township which was adopted
at a regular meeting of Independence Township on May 18, 1974, at
12:30 p.m., wherein, Independence Township adopted a fee schedule
pursuant to the BOCA Basic Building Code as follows:[1]
(1)
BOCA Basic Building Code. The fees required for permits under the
BOCA Basic Building Code shall be as follows:
(a)
New construction and alternations. A fee of $1.25 per $1,000
of total valuation, excluding the value of plumbing and electrical
work, except that no fee shall be less than $5 nor more than $300.
(b)
Moving of buildings. A fee of $0.10 for each $100 of the estimated
cost of moving any structure, plus the cost of new foundations and
all other necessary work required to affix the structure to the site.
(c)
Demolition. A fee of $1 for each $1,000 of the cost of demolition,
except that no fee shall be less than $7 nor more than $200. In addition,
for any structure to be demolished which has an assessed valuation
in excess of $500, the applicant shall post a bond with the Code Enforcement
Officer for a sum equal to no less than four times the assessed valuation
of the building to be demolished, which bond shall be for the faithful
performance of the demolition in accordance with the applicable codes
and ordinances.
[Amended 5-16-2012; 5-21-2014]
(2)
National Electrical Code. A fee of $0.50 for each $100 of total valuation
of electrical work to be performed, except that no fee shall be less
than $5 nor more than $100
(3)
BOCA Basic Plumbing Code. A fee of $0.50 for each $100 of total valuation
of plumbing work to be performed, except that no fee shall be less
than $5 nor more than $100.
(4)
BOCA Basic Fire Prevention Code. A fee of $25 for the establishment
and operation of any use or activity provided in the BOCA Basic Fire
Prevention Code, where such uses require a permit.
B.
All permits granted under any of the above applicable codes and ordinances
shall be good for a period of one year, provided that extensions may
be requested in writing and such extensions may be granted by the
Code Enforcement Officer for good reason; except that any permit granted
for demolition activities shall be valid for six months only, and
if such demolition work is not completed within that time, any bond
posted by the applicant shall be forfeited.
[Amended 5-16-2012; 5-21-2014]
The following certification shall be required in accordance
with the provision of these other applicable codes or ordinances which
the Office of Code Enforcement has the responsibility to administer.
Said certification may be issued separately or combined in the form
of a single certificate.
A.
Certificate of use and occupancy. In accordance with Section 120.0
of the BOCA Basic Building Code, a certificate of use and occupancy
shall be required, and no new building of portion of an existing building
which is enlarged or altered shall be used or occupied in whole or
in part until such a certificate of use and occupancy shall have been
issued by the Code Enforcement Officer.
[Amended 5-16-2012; 5-21-2014]
B.
Certificate of approval. A certificate of approval shall required
for any electrical or plumbing work completed under the provisions
of the applicable codes and ordinances.[1] All applicants shall apply to the Office of Code Enforcement
for such a certificate of approval within 30 days of the completion
of the building, structure, work or premises.
C.
Other certification. Any other permits, certificates or licenses,
as required by the applicable codes and ordinances, shall be obtained
by the applicant in accordance with the provisions of said applicable
codes and ordinances. Application for such permits, certificates or
licenses shall be made to the Code Enforcement Officer.
[Amended 5-16-2012; 5-21-2014]
A.
Notices. Whenever the Building Permit Officer or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulation adopted pursuant thereto, the Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be
in writing;
(2)
Include
a statement of the reasons for its issuance;
(3)
Allow
a reasonable time not to exceed a period of 30 days for the performance
of any act it requires;
(4)
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 authorized or
required by the laws of this state; and
(5)
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order or direction of the Building Permit
Officer or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Township of Independence of not less than $25 nor more than $300,
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in the county prison for a period not to exceed
10 days. Each day during which any violation of this chapter continues
shall constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this chapter. The imposition of a fine
or penalty for any violation of, or noncompliance with, this chapter
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed enlarged,
altered or relocated in noncompliance with this chapter may be declared
by the Township of Independence to be a public nuisance and abatable
as such.
A.
Any person aggrieved by an action or decision of the Building Permit
Officer, refusing to grant modification to the provisions of this
chapter covering the development of land in the manner of construction
or materials to be used in the erection, alteration, modification,
etc., of a building or structure, may appeal to the Township of Independence.
Such appeal must be filed, in writing, within 30 days after the decision
or action of the Building Permit Officer.
B.
Upon receipt of such appeal, the Township of Independence shall set
a time and place, within not less than 10 days nor more than 30 days,
for the purpose of considering the appeal. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
