This chapter is enacted for the purpose of maintaining an accurate public record of all construction and development activity within the township, establishing certain minimum standards of site construction and use and providing procedures for the same.
[HISTORY: Adopted by the Board of Supervisors of the Township of Salem 11-19-1984. Amendments noted where applicable.]
A.
Words used in the singular shall also apply to the plural and vice versa.
B. ALTERATION BUILDING CONSTRUCTION DEVELOPMENT FLOOD FLOOD-PRONE AREA MANUFACTURED HOME ONE-HUNDRED-YEAR FLOOD
The following are definitions of key words and phrases:
Any modification to an existing structure, which change shall result in a building addition. Replacements or renovations of existing features shall not be considered "alterations."
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
[Amended 5-16-1988]
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
[Amended 5-16-1988]
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the subdivision of land, the placement of manufactured homes, street and other paving, utilities and filling, grading, excavation, mining, dredging or drilling operations.
[Amended 5-16-1988]
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers and recreational and other similar vehicles placed on a site for more than 180 consecutive days.
[Amended 5-16-1988]
A flood that on the average is likely to occur once in every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
No person shall cause or permit the construction or alteration of any residential or other principal structure or undertake any development without first registering the same with Salem Township and obtaining a building or development permit pursuant to this chapter. Accessory buildings greater than 100 square feet in size and mobile homes shall also require permits.
A.
Buildings, building improvements and developments proposed shall be registered with the township by the filing of a satisfactory application for a permit. The application shall require the names and addresses of the owners of the land on which the building, structure, trailer or mobile home or development will be located and such other information as the Township Supervisors find necessary to determine compliance with this chapter and other township ordinances, as well as state and federal law.
B.
Issuance of permits.
[Amended 8-12-2002]
(1)
Application forms shall be developed and may be changed from time to time by resolution of the Board of Supervisors. The applications shall be obtained from the Township Secretary. A building permit shall be issued upon an application for a nonresidential building or agriculture building improvement which does not require sewage disposal, or alteration to the existing sewage system, by the signature of the Township Secretary or Ordinance Enforcement Officer upon determination that the proposed building or building improvement complies with Salem Township regulations.
(2)
A building permit shall be issued upon an application for a building or building improvement which requires sewage approval for either an existing system or the construction of a new sewage system, by the signature of the Sewage Enforcement Officer and at least one supervisor and the Township Secretary, upon determination that the proposed building or building improvement complies with Salem Township regulations and standards.
(3)
A building permit shall be issued upon an application for a building or building improvement which involves an industrial or commercial activity by approval of a majority of the Board of Supervisors upon the Board's determination that the proposed building or building improvement complies with Township regulations and shall be valid only when witnessed by at least two members of the Board of Supervisors by affixing their signatures.
(4)
In instances where compliance is not indicated, the permit shall be denied by letter, and in all cases, building permit applications shall be acted upon within 90 days of their receipt.
(5)
In instances where the nature of the permit or the type or use of intended building requires Board determination, the application for the permit shall be reviewed by the Board of Supervisors, and an approval by the majority of the Supervisors is necessary to approve said permit, and said permit is valid only when witnessed by at least two members of the Board of Supervisors.
C.
Any member or duly authorized representative of the Board may from time to time enter onto the property of the applicant to make inspection of the work in progress as to ascertain its completion. The Board of Supervisors shall, by resolution, revoke the permit of any applicant who has not complied fully with the Salem Township's requirements, and the permit shall only be reinstated after the applicant has corrected the deficiency and paid all municipal costs involved in the proceedings. Any such revocation may also be appealed under the terms of the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa. C.S.A. § 105.
D.
All building permits shall expire two years from the date of their issuance but may be extended by a resolution of the Board of Supervisors if circumstances justify.
A.
Application fees shall be as set forth from time to time by resolution of the Board of Supervisors in order to reflect the true costs of this chapter's administration.
[Amended 6-12-1995]
B.
The Board reserves the right to waive a fee in instances where a public or nonprofit entity is involved and by resolution to require a greater fee in instances where application for a permit has not been made in a timely manner as required by this chapter.
[Amended 9-11-1995]
A building permit shall be issued only if the proposed building or building improvement will comply with the following standards:
A.
All roads and streets shall have a minimum right-of-way width of 50 feet.
B.
All roads and streets shall be graded to a minimum width of 30 feet with a minimum cartway of 18 feet.
C.
Stumps, roots and sods shall be removed from said minimum width of the road.
D.
Topsoil shall not be used as fill in the subgrade.
E.
Supervisors shall approve fill materials or have any unsuitable materials removed.
F.
No building shall be constructed which is 35 feet higher than the mean level of the ground to the farthest point of the roof.
G.
No building or buildings, mobile homes, trailers or double wides shall be constructed on a lot which exceeds the following:
H.
No mobile home shall be erected on a lot which violates the following standards:
(1)
Mobile homes having an off-site water supply and having an approved sewage and treatment system whereby the sewage is treated by a community system shall be separated from each other and from other buildings and structures by at least 100 feet on all sides.
(2)
Mobile homes shall not be erected or laid out to have a density of more than two mobile homes per acre with central sewage or community sewage available, or more than one mobile home per acre with on-site individual septic tanks.
A.
No construction or development shall take place within the one-hundred-year floodplain area as shown on the Flood Rate Map (FIRM) which accompanies the flood insurance study by the Federal Emergency Management Agency, dated July 15, 1988, or the most recent revision thereof.
[Amended 5-16-1988]
B.
The one-hundred-year floodplain areas shall be those areas identified as an AE Zone on the FIRM (areas where one-hundred-year flood elevations have been provided) and those areas identified as an A Zone on the FIRM (areas where one-hundred-year flood elevations have not been provided). In the A Zone, elevation and floodway information from other federal, state or other acceptable sources shall be used when available. In lieu of the above, the township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the township.
[Amended 5-16-1988]
C.
Should a dispute concerning any district boundary arise, an initial determination shall be made by the Township Planning Commission, and any party aggrieved by this decision may appeal to the Township Supervisors. The burden of proof shall be on the applicant.
D.
Prior to any proposed alteration or relocation of any stream or watercourse within the township, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division, as specified in the Water Obstruction Act of 1913, as amended.[1] Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs. Under no circumstances shall any use, activity and/or development adversely affect the flood-carrying capacity of the channels or floodways of any altered or relocated watercourse identified as part of the flood-prone area on the Official Flood Hazard Boundary Map.
[1]
Editor's Note: This Act was repealed 10-23-1979 by P.L. 204, No. 70, § 1, effective immediately. See now the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.
E.
Prior to the issuance of any building permit, the Building Official shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained, including those required by Act 537, The Pennsylvania Sewage Facilities Act,[2] and the Federal Water Pollution Control Act Amendments of 1972, 1334 U.S.C. § 404,33. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
F.
Structures existing in any identified flood-prone area prior to the enactment of this chapter, but which are not in compliance with these provisions, may continue to remain subject to the following, provided that any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be prohibited.
G.
No changes to the boundaries of the identified flood-prone area shall be made, except to account for natural or man-made changes which may have occurred within the flood-prone area and/or unless sufficient documentation has been provided by a qualified agency or individual and then with the specific approval of the Federal Emergency Management Agency or its successor agencies.
A.
If compliance with the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the township may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the township in accordance with the following procedures:
(1)
If granted, a variance shall involve only the least modification necessary to provide relief.
(2)
In granting any variance, the township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.
C.
In reviewing any request for a variance, the township shall consider, but not be limited to, the following:
(1)
That there is a good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional hardship to the applicant.
(3)
That the granting of the variance will not result in an increase in flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state ordinance and regulations.
(4)
That no variance will be granted for any construction or development within any floodway area that would cause any increase in the one-hundred-year flood elevation.
[Added 5-16-1988]
D.
A complete record of all variance requests and related actions shall be maintained by the township. In addition, a report of all variances granted during the year shall be included in the appeal report to the Federal Insurance Administration.
E.
There will be no variance granted which will allow the following activities and development to locate within the flood-prone area as they present a special hazard to the health and safety of the public.
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
Individual mobile homes, mobile home parks, mobile home subdivisions and substantial improvements thereto, as well as individual mobile homes.
(5)
The production, storage or maintenance of a supply of 550 gallons or more of hazardous materials and substances, including but not limited to acetone, ammonia, benzine, calcium, carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, petroleum products (gasoline, fuel oil and so forth), phosphorous, potassium, sodium, sulfur and sulfur products, pesticides and radioactive substances.
F.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood in accordance with the provisions of the Corps of Engineers publication entitled "Flood-Proofing Regulations, June 1972," and no variance shall be issued which will not meet the requirements of Section 60.3(c) and (d) of the National Flood Insurance Program.
[Amended 5-16-1988]
A copy of any building permit issued under this chapter shall be sent to the County Assessor and another copy retained for the township files.
[Amended 5-16-1988[1] ]
Any person who shall violate any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment thereof, shall be imprisoned for a term not to exceed 30 days.