[HISTORY: Adopted by the Board of Supervisors
of the Township of Union as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-19-1985 by Ord. No. 85-3]
[Amended 9-20-2004 by Ord. No. 2004-14]
All applications for curative amendments submitted
to the Union Township Board of Supervisors shall be accompanied by
an application fee in an amount as shall be set from time to time,
consistent with statute and entered on the schedule of fees as on
file, which fee shall not be refundable.
[Adopted 8-21-1995 by Ord. No. 95-3]
A.
Section 701 of the Second Class Township Code vests
the Board of Supervisors of Union Township (Board) with the authority
to regulate building and housing and to provide for the inspection
of building and housing within the Township. Pursuant to these and
other powers, the Board adopted Res. No. 86-04 which established a
schedule of building/zoning permit fees.
B.
Section 701 of the Second Class Township Code also
vests the Board with the authority to adopt, by reference, any nationally
recognized code. Pursuant to these powers, the Board enacted Ord.
No. 91-2[1] which adopted the BOCA National Building Code/1990 Edition
by reference, with certain enumerated deletions, modifications and
additions (the BOCA Code). As adopted by Ord. No. 91-2, the BOCA Code
requires that a building permit be obtained prior to the commencement
of work on significant building events and requires that a building
permit shall not be issued until a building permit fee has been paid.
C.
Additionally, the Union Township Zoning Ordinance
of 1995 (the Zoning Ordinance)[2] provides for the imposition and collection of certain
other permit fees. The Zoning Ordinance provides that the Board shall
establish a schedule of fees, charges and expenses for zoning permits,
certificates of occupancy, special exceptions, variances, appeals
and other matters pertaining to the Zoning Ordinance.
D.
After considering the expenses incurred by the Township
in inspecting and governing building and construction activities and
after reviewing the building permit fees currently being charged by
other municipalities, the Board has concluded that the building permit
fee schedule adopted by Res. No. 86-04 should be revised. The Board
has also concluded that minor changes need to be made to the BOCA
Code, as adopted by the Board, in order to render the BOCA Code, as
adopted, consistent with the provisions of this article.
E.
Finally, the Board recognizes that the building permit
fees and the fees referenced in the Zoning Ordinance will need to
be revised from time to time in the future. Accordingly, it is the
Board's intention to provide that future modifications and additions
to the Township fee schedule may hereafter by made by resolution so
as to avoid the necessity of continually incurring the costs associated
with the adoption of an ordinance.[3]
[3]
Editor's Note: Original Section II, Amendments
to the BOCA Code as Adopted by the Township, was repealed 9-20-2004
by Ord. No. 2004-14.
The building, zoning and occupancy fees set
forth on the Permit Fee Schedule attached hereto as Exhibit A[1] and incorporated herein by reference are hereby adopted
as the current building, zoning and occupancy fees for the Township.
[1]
Editor's Note: Exhibit A, Permit Fee Schedule,
is on file in the Township offices.
In the event that the Board hereafter elects from time to time to set, establish, amend or modify any fee authorized by Chapter 200, Zoning, Chapter 172, Subdivision and Land Development, the BOCA Code as adopted and modified by the Board, this article, the Municipalities Planning Code and the Second Class Township Code, the Board may effectuate such action by resolution and need not, unless otherwise required by law, effectuate such change by ordinance.
The provisions of this article, so far as they
are the same as those of ordinances and regulations in force immediately
before the enactment of this article, are intended as a continuation
of those earlier ordinances and regulations, and not as new enactments.
Nothing in this article shall affect any act done or liability incurred,
or any suit or prosecution pending or to be instituted under any of
those repealed or superseded ordinances or regulations.
