Township of Lower Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Moreland 6-23-2004 by Ord. No. 557.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historic District — See Ch. 24.
Numbering of buildings — See Ch. 86.
Fire prevention — See Ch. 105.
Floodplain conservation and damage prevention — See Ch. 108.
Plumbing — See Ch. 144.
Property maintenance — See Ch. 150.
Stormwater management — See Ch. 172.
Subdivision and land development — See Ch. 180.
Zoning — See Ch. 208.
Building construction fees — See Ch. A214.
[1]
Editor's Note: This ordinance also repealed former Ch. 82, Building Construction, adopted 7-16-2003 by Ord. No. 546.

§ 82-1 Election to administer and enforce.

Lower Moreland Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.

§ 82-2 Adoption and incorporation by reference.

The Uniform Construction Code (hereinafter referred to as "the code") contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of Lower Moreland Township.

§ 82-3 Methods for administration and enforcement.

The administration and enforcement of the code shall be provided by the Board of Commissioners by resolution as follows:
A. 
By designation of a municipal code official to act on behalf of Lower Moreland Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Lower Moreland Township.

§ 82-4 Board of Appeals.

[Amended 1-18-2006 by Ord. No. 580; 7-12-2016 by Ord. No. 716]
A. 
A Township Board of Appeals shall be established to hear appeals, requests for variances or extensions of time in accordance with the provisions of the Pennsylvania Uniform Construction Code, 53 P.S. § 7210.101.
B. 
The Township shall have the authority to appoint and reappoint five (5) members of the Board of Appeals by resolution, as required, which members shall serve as follows: one for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years and one for one (1) year. Thereafter, each new member shall serve for five (5) years or until a successor is appointed. Such members may be removed with or without cause by a majority vote of the Board of Commissioners of Lower Moreland Township. The Board of Appeals shall annually select one of its members to serve as a chairman. The Board of Commissioners shall appoint two (2) alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership under the Pennsylvania Uniform Construction Code and shall be appointed for five years or until a successor has been appointed. The composition of the Board shall be subject to the limitations of and in conformity with the provisions of the Pennsylvania Uniform Construction Code and the regulations adopted thereunder and set forth in 34 Pa. Code §§ 403.121 and 403.122.
C. 
The proper officers of the Township are authorized and directed to take all such actions, execute, deliver, file and/or record all such documents, publish all notices and otherwise comply with the provisions of this section and the Act on behalf of the Township.

§ 82-5 Effect on other regulations.

A. 
All building code ordinances or portions of ordinances which were adopted by this municipality on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of this municipality not governed by the code shall remain in full force and effect.

§ 82-6 Modification of administration and enforcement requirements.

The amending of the following sections relating to the administration and enforcement requirements of the Uniform Construction Code meet or exceed those requirements.
A. 
Section 403.42.(c)(1)(i) is deleted and replaced with the following:
Fences that are not over three feet high.
B. 
Section 403.42.(c)(1)(iii) is deleted and replaced with the following:
Retaining walls, which are not over 30 inches in height measured from the lowest level of grade to the top of the wall, unless they are supporting a surcharge or impounding Class I, II or III-A liquids.
C. 
Section 403.45.(c) is amended by the insertion of the following:
Inspection notice shall be provided no less than 48 business hours prior to when work is ready for inspection.
D. 
Section 403.46 is amended by the addition of the following subsection:
(e)
A certificate of occupancy shall require the submittal of an as-built site plan not smaller than one inch equals 40 feet. The plan at a minimum shall indicate the following:
1.
Actual building envelope of the structure with dimensions.
2.
Actual dimensions from property lines (front, side and rear) to the structure.
3.
Front and rear entry, accessory structures, porches and/or decks.
4.
Driveway location dimensions and slopes.
5.
Finish floor elevation of the garage and first floor of the building.
6.
Property lines, building setback lines and street locations showing curbs, sidewalks, driveway aprons, etc.
7.
Grades for the entire site, including spot elevations at the outside corners of each building, as well as a grading plan at two-foot contour intervals indicating contour lines.
8.
Direction and percent of slope and center line of drainage channels, diversion terraces, top of grate and invert elevations of stormwater facilities.
9.
The location of any retaining walls, tree wells, wing-walls or berms.
10.
The location of significant trees or woodland masses and other natural features or man-made features such as streams, roads or walkways.
11.
The location of street trees or site landscaping per the codes of the Township.
12.
The plot plan shall show the lot area, the area of dwellings and structures, the area of driveways and parking areas, the area of other impervious coverage, the percentage of building coverage and the percentage of impervious coverage.
13.
Easements, right-of-way or other deed-restricted areas.
14.
The plan shall be prepared by a registered professional surveyor of the Commonwealth of Pennsylvania who shall certify that all information is true and correct.
E. 
Section 403.62.(c)(1)(i) is deleted and replaced with the following:
Fences that are not over three feet high.
F. 
Section 403.62.(c)(1)(iii) is deleted and replaced with the following:
Retaining walls, which are not over 30 inches in height measured from the lowest level of grade to the top of the wall, unless they are supporting a surcharge of impounding Class I, II, III-A liquids.
G. 
Section 403.62.(c)(1)(iv) is deleted in its entirety.
H. 
Section 403.62.(c)(1)(xiv) is deleted in its entirety.
I. 
Section 403.62.(c)(1)(xvii) is deleted and replaced with the following:
Installation of an uncovered deck where the floor of the deck is no more than six inches above grade.
J. 
Section 403.64.(b) is amended by the insertion of the following:
Inspection notice shall be provided no less than 48 business hours prior to when work is ready for inspection.
K. 
Section 403.65 is amended by the addition of the following subsection:
(f)
A certificate of occupancy shall require the submittal of an as-built site plan not smaller than one inch equals 40 feet. The plan at a minimum shall indicate the following:
1.
Actual building envelope of the structure with dimensions.
2.
Actual dimensions from property lines (front, side and rear) to the structure.
3.
Front and rear entry, accessory structures, porches and/or decks.
4.
Driveway location dimensions and slopes.
5.
Finish floor elevation of the garage and first floor of the building.
6.
Property lines, building setback lines and street locations showing curbs, sidewalks, driveway aprons, etc.
7.
Grades for the entire site, including spot elevations at the outside corners of each building, as well as a grading plan at two-foot contour intervals indicating contour lines.
8.
Direction and percent of slope and center line of drainage channels, diversion terraces, top of grate and invert elevations of stormwater facilities.
9.
The location of any retaining walls, tree wells, wing-walls or berms.
10.
The location of significant trees or woodland masses and other natural features or man-made features such as streams, roads or walkways.
11.
The location of street trees or site landscaping per the codes of the Township.
12.
The plot plan shall show the lot area, the area of dwellings and structures, the area of driveways and parking areas, the area of other impervious coverage, the percentage of building coverage and the percentage of impervious coverage.
13.
Easements, right-of-way or other deed restricted areas.
14.
The plan shall be prepared by a registered professional surveyor of the Commonwealth of Pennsylvania who shall certify that all information is true and correct.

§ 82-7 Violations and penalties.

[Added 7-11-2006 by Ord. No. 589]
Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter, shall be guilty of a civil or summary criminal offense, punishable by fine of not more than $1,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense.