[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 10-21-2010 by Ord. No. 527. Amendments noted where
applicable.]
It shall be unlawful for any person, partnership, business,
or corporation to undertake or cause to be undertaken the construction,
reconstruction, enlargement, alteration or relocation of any building
or structure unless an approved building permit has been obtained
from Building Code Official (BCO).
For the purpose of this chapter, the following definitions shall
apply:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation, subject to applicable Pennsylvania
law.
A permit required for construction under the provisions of
this chapter and/or applicable Pennsylvania law, as is considered
within normal procedure and nomenclature.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything constructed or
erected on the ground or attached to the ground, including, but not
limited to, buildings, factories, mobile homes, to the extent permissible
under applicable Pennsylvania law including 34 Pa. Code 5403.25, swimming
pools, decks, regardless of height, accessory structures greater than
250 square feet.
A permit required for the construction of retaining walls
equal to or less than four feet in height; fences equal to or less
than six feet in height; structures equal to or less than 1,000 square
feet.
Application for such a building permit or zoning permit shall
be made in writing to the BCO on forms supplied by the municipality.
Such application shall contain as least the following:
The BCO shall issue a building permit or zoning permit only
after it has been determined that the proposed construction will be
in conformance with all applicable requirements and regulations. The
duration of the validity of a building permit issued by the BCO shall
be limited to 180 days from the date of issuance. Extension of a building
permit whose validity has expired shall be subject to approval by
the BCO.
After the issuance of a building permit or zoning permit by
the BCO, 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
BCO.
In addition to the building permit, the BCO 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 BCO.
Work on the proposed construction shall begin within 180 days
after the date of issuance of the building permit, or the permit shall
expire unless a time extension is granted in writing by the BCO. Construction
shall be considered to have started with the first placement of permanent
construction on 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; or the installation
of sewer, gas and water pipes, or electric or other service lines
from the street.
During the construction period, the BCO 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 municipal law, building codes, and ordinances.
In the event the BCO discovers that the work does not comply with
the permit application or any applicable laws, building codes, and
ordinances, or that there has been a false statement or misrepresentation
by any applicant, the BCO shall revoke the building permit and report
such fact to the Board of Commissioners for whatever action is considered
necessary.
A.Â
The zoning permit fee shall be $50.
B.Â
All other fees, including building permit fees, shall be established
by the Township and its third party inspector, Building Inspection
Underwriters of Pennsylvania, Inc., as exhibited in the attached fee
schedule;[1] or any other party assigned as inspector by the Township
Board of Commissioners. The Township Board of Commissioners may from
time to time, by resolution, change or increase the fees for Building
and Zoning permits.
[1]
Editor's Note: The fee schedule is on file in the Township
Offices.
Any person aggrieved by the building permit officer's estimate
of the cost of the proposed construction may appeal to the Board of
Commissioners. Such appeal must be filed, in writing within 30 days
after the determinations by the building permit officer. Upon receipt
of such appeal, the Board of Commissioners shall set a time and place
not less than 10 days 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 by the Board of Commissioners
shall be final in all cases.
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 BCO or any other authorized
employee of the Township shall be guilty of an offense and, upon conviction,
shall pay a fine to the Township of Crescent of not less than $25
nor more than $300, plus all costs of prosecution and/or enforcement.
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 the 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 violation or noncompliance with
a reasonable time. Any structure or building constructed, reconstructed,
enlarged, altered, or relocated, in noncompliance with this chapter
may be declared by the Board of Commissioners to be a public nuisance
and abatable as such.
If any section, paragraph, sentence or phrase or provision of
the chapter should be declared or determined to be invalid for any
reason, then only that provision shall be deemed stricken and invalid,
and in all other respects the provisions of this chapter shall be
considered valid and shall remain in full force and effect, the provisions
of this chapter being considered severable as the same is considered
under applicable Pennsylvania law.
