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.