[Adopted 12-15-1997 by Ord. No. 1997-M]
The Board finds that buyers of homes and other structures need to be assured that homes and other structures are built in accordance with building permit applications and grading plans submitted by home builders and developers. It is further determined that all parties will be protected if variance from grading plans submitted with building permit applications is discovered and corrected as soon as possible and in all instances prior to the issuance of an occupancy permit. This article is adopted for the purposes stated and to protect property owners, builders and home buyers within this Township.
The owner and those building a structure or expanding a structure on lands of owner. which construction includes a basement or foundation of any type, shall construct such structure in accord with the building permit application and grading plan filed with said application and shall submit to the Conewago Township Manager or his or her designee a plot plan showing the elevation of the top of the foundation wall and elevation of the basement floor and showing compliance with the submitted grading plan. The plot plan submission shall also include setback dimensions and the location of the basement walls or foundation to ensure compliance with applicable setback requirements and the grading plan. The obligation to make such submission is an obligation of both the owner and builder, but submission by one or the other will meet the requirements of this article. A claim that a person required to make a submission believed that someone else filed the required materials will not be, however, a defense to a prosecution hereunder. This required plot plan must be submitted immediately upon completion of the foundation wall and prior to any construction above the level of the foundation wall.
In addition, the persons and entities required to file the plot plan referred to in § 56-9 hereof shall provide an as-built plan showing compliance with the grading plan as submitted previously to Conewago Township. This second plot plan shall be submitted at the time request is made for an occupancy permit.
Both plot plans must be prepared and certified in writing as to its accuracy by a professional land surveyor or a professional engineer and must include the location of all applicable building setback lines.
The plot plans must confirm that all construction and grading are in accordance with the grading plan submitted together with the building permit application. If such is not the case, the Township Manager or his or her designee is authorized to revoke the building permit forthwith, to refuse to issue an occupancy permit and to immediately seek to enjoin further construction through court action.
This article applies to individuals, partnerships, corporations and all other forms of joint business ventures, whether as owner or builder. Partners, corporate officers and those directing construction activities are each subject to the provisions of this article as well as the landowner.
This article is deemed a building and housing ordinance, and a violation of any of its terms shall be a summary offense and punishable by a fine of not less than $100 nor more than $1,000 and up to 30 days in jail. Each day the violation continues after a person subject to this article is notified orally or in writing of the violation shall be deemed a separate and subsequent offense punishable in the same manner.