[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitemarsh as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-24-2004 by Ord. No. 791[1]]
[1]
Editor's Note: This ordinance provided for the repeal of former Art. I, Standards of Regulation, adopted 10-14-1993 by Ord. No. 651, and Art. II, One- and Two-Family Dwellings, adopted 10-14-1993 by Ord. No. 651. This ordinance also redesignated former Art. III, Floodplain Regulations, as Art. II; consequently, former § 42-5 through § 42-8 were redesignated as § 42-7 through § 42-10, respectively.
This article shall be known and may be cited as the "Whitemarsh Township
Building Code" and/or the Pennsylvania "Uniform Construction Code."
In accordance with the Pennsylvania Construction Code Act, Act 45 of
1999, Chapter 5 section 501(a)(1), the Township of Whitemarsh, situate in
Montgomery County, Pennsylvania, hereby elects to administer and enforce the
Uniform Construction Code as its municipal building code and the International
Fuel Gas Code for purposes described in section 302(a) of said Act 45.
This adoption shall include all relative codes specifically provided
for in section 403.21 under said Act 45, to include but not limited to the
International Building Code, the International Residential Code, the International
Fuel Gas Code and all other referenced codes. As provided for under Act 45
section 304 all subsequent editions or successor codes are hereby adopted.
In addition the following appendixes to the International Building Code 2003
are hereby adopted: B, C, F, G and H, the following appendixes to the International
Residential Code 2003 are hereby adopted: A, B, C, F, G, and H, the following
appendixes of the International Fire Code are hereby adopted: B, C, D, E,
and F, and upon adoption by the Commonwealth of Pennsylvania of successor
codes, those codes and the appendixes corresponding to those listed are hereby
adopted.
Administration and enforcement of the Code within the Township shall
be undertaken in any of the following ways as determined by the Whitemarsh
Township Board of Supervisors, from time to time by resolution:
A.
By the designation of an employee of the Township to
serve as the municipal code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Township.
C.
By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the Township.
E.
By entering into an agreement with the Pennsylvania Department
of Labor and Industry for plan review, inspections, and enforcement of structures
other than one-family or two-family dwelling units and utility and miscellaneous
use structures.
[1]
Editor's Note: The ordinance that adopted this article also provided
that: “A Fee Schedule assessable
by Whitemarsh Township for the administration and enforcement undertaken pursuant
to this Ordinance and the Code shall be established by the governing body
of Whitemarsh Township by resolution from time to time.”
A.
Administrative: modification of the administrative regulations,
Chapter 403.
(1)
Section 401.2a(a) Add: "Fees for permits issued pursuant
to this chapter shall be in accordance with a schedule adopted by resolution
of the Board of Supervisors."
(2)
Effect on other regulations:
(a)
All building code ordinances or portions of ordinances
which were adopted by the Township 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 article 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
the Township not governed by the Code shall remain in full force and effect.
B.
Technical modifications of the International Building
Code 2003.
(1)
Section 106.2 is deleted in its entirety and replaced
to read as follows:
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"Section 106.2. Site plan. There shall also be a site plan showing to
scale the size and location of all new construction and all existing structures
on the site, distances from lot lines, the required front, side and rear yard
setbacks, the established or proposed street grades and the proposed finished
grades. In the case of new construction (except residential additions and
accessory structures), it shall also show finish foundation elevation, with
adjacent grades to the foundation shown; after the installation of the foundation,
the location and elevation must be verified by the professional engineer/surveyor,
and a sealed certification shall be submitted. If an approved grading plan
has been issued for the property, all pertinent information from the grading
plan shall also be shown, such as limits of regrading, steep slopes, drainage
swales and easements. Prior to the issuance of a use and occupancy certificate,
an accurate as-built site plan shall be submitted, showing all the information
as required with a building permit application. All site plans shall be drawn
in accordance with an accurate boundary line survey; the plan shall be signed
and sealed by a registered professional land surveyor or a registered professional
engineer. In the case of demolition, the site plan shall show all construction
to be demolished and the location and size of all existing structures and
construction that are to remain on the site or plot." (Old Ordinance Number
651, adopted 10-14-1993)
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(2)
Section 106.6 is added to read as follows:
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"Section 106.6 Special Review and Inspection Services. Whenever the
nature of the building involves construction which is determined by the Building
Official to require a review by an expert and/or specialized consultants to
assist him in conducting reviews of permit applications and inspections, the
Building Official may engage such experts and/or consultants. The costs thereof
shall be paid to the Township by the applicant prior to the issuance of any
permit."
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(Old Ordinance Number 651, adopted 10-14-1993)
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(3)
Section 106.7 is added to read as follows:
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"Section 106.7. Curbs and sidewalks. Concrete curbs and/or sidewalks
shall be required to be installed when a lot or lots being developed are in
an area where a curb and/or sidewalk exists on at least one side of adjacent
and contiguous lots. The sidewalk and curbs shall meet the specifications
of the Township. It shall be the intent of this section to require the continuity
of street improvements in an area where adjacent and contiguous property has
been so improved."
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(Old Ordinance Number 651, adopted 10-14-1993)
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(4)
Section 3110 is added to read as follows:
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"Section 3110.1. Driveways for use groups R-3 and R-4. All driveways,
except for reconstruction, repair or enlarging of existing driveways, shall
meet the following requirements:
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1.
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Driveway grades shall not exceed 15%.
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2.
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Driveways shall have a minimum width of 10 feet.
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3.
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Driveways shall be constructed in accordance with the Whitemarsh Township
Driveway Specifications."
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(Old Ordinance Number 651, adopted 10-14-1993)
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C.
Technical modifications of the International Residential
Code 2003.
(1)
The Design Data in Table R-301.2 (1) shall read as follows:
(a)
Snow load: 30 pounds per square foot.
(b)
Wind speed: 90 miles per hour.
(c)
Seismic design: Category C.
(d)
Weathering: severe.
(e)
Frost depth: 36 inches.
(f)
Termite probability: moderate to severe.
(g)
Decay: slight to moderate.
(h)
Winter design temp: 10° F.
(i)
Ice shield: NO.
(j)
Air freezing index: 1500.
(k)
Mean annual temp: 52°F.
(2)
Section 106.2 is deleted in its entirety and replaced
to read as follows:
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"Section 106.2. Site Plan. There shall also be a site plan showing to
scale the size and location of all new construction and all existing structures
on the site, distances from lot lines, the required front, side and rear yard
setbacks, the established or proposed street grades and the proposed finished
grades. In the case of new construction (except residential additions and
accessory structures), it shall also show finish foundation elevation, with
adjacent grades to the foundation shown; after the installation of the foundation,
the location and elevation must be verified by the professional engineer/surveyor,
and a sealed certification shall be submitted. If an approved grading plan
has been issued for the property, all pertinent information from the grading
plan shall also be shown, such as limits of regrading, steep slopes, drainage
swales and easements. Prior to the issuance of a use and occupancy certificate,
an accurate as-built site plan shall be submitted, showing all the information
as required with a building permit application. All site plans shall be drawn
in accordance with an accurate boundary line survey, the plan shall be signed
and sealed by a registered professional land surveyor or a registered professional
engineer. In the case of demolition, the site plan shall show all construction
to be demolished and the location and size of all existing structures and
construction that are to remain on the site or plot."
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(Old Ordinance Number 651, adopted 10-14-1993)
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(3)
Section R-402.1, Wood Foundations, is deleted in its
entirety.
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Section R-403.2, Footings for wood foundations, is deleted in its entirety.
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Section R-404.2, Wood Foundation walls, is deleted in its entirety.
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Section R-405.2, Wood Foundation, is deleted in its entirety.
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(Old Ordinance Number 651, adopted 10-14-1993)
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D.
Administrative modifications of Chapter One of the International
Fire Code 2003.
(1)
Section F-101.1, insert "Whitemarsh Township, Montgomery
County."
(2)
Section F-103.1, General, shall be modified and read
as follows:
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The Department of Fire Prevention is established within the jurisdiction
and under the direction of the Fire Marshal. The Fire Marshal/Code Official
shall be in charge of the operation of this Department and its function shall
be the implementation, administration, and enforcement of the provisions of
this code.
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(3)
Section F-103.2, Appointment, shall be deleted and the
following language substituted:
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The Fire Marshal position shall be filled as prescribed in the Code
of the Township of Whitemarsh.
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(4)
Add Section F-105.1.4, Fees:
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"Fees for fire permits shall be in accordance with a schedule adopted
by resolution of the Board of Supervisors."
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(5)
Sections F-105.6 and F-105.7, Required Permits, shall
read as follows:
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"The Fire Code Official is authorized to issue permits and collect fees
as enumerated in sections 105.6.1 through 105.6.47 and sections 105.7.1 through
105.7.12 in accordance with the fee schedule adopted by resolution of the
Board of Supervisors."
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E.
Technical modifications of the International Fire Code
2003.
(1)
Section F-202 shall have the following definitions added:
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FIRE MARSHAL -- The Fire Marshal of Whitemarsh Township, who shall also
be the Fire Chief and Fire Official as referred to in this code.
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(Old Ordinance Number 621, adopted 4-18-1991)
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(2)
Section F-508.1.1 shall be added as follows:
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"All water mains shall be of sufficient size to provide at least 1,500
gallons per minute for fire hydrants. A loop system shall be used unless otherwise
approved by the Fire Official."
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(Old Ordinance Number 502, adopted 12-13-1984)
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(3)
Section F-503.2.1 shall be deleted and the following
language substituted:
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"Dimensions. Access driveways/roads shall have a minimum width of 24
feet for two-way circulation and 12 feet for one-way circulation; the minimum
center-line radius on either type of access driveway shall be 70 feet; dead
ends that exceed 150 feet in length shall be provided with an adequate turnaround
area or a cul-de-sac with a minimum diameter of 90 feet; and no access driveway
shall be located closer than five feet to a structure.
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(Old Ordinance Number 502, adopted 12-13-1984)
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(4)
Section F-508.5.7 shall be added as follows:
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"508.5.7. Fire hydrants. Specifications. Fire hydrants shall be Muller
Hydrant, Model No. 107, or equivalent, with a dry barrel, three-outlet type
having two two-and-one-half-inch side outlets with National Standard fire
hose thread, 7 1/2 threads to the inch, and one four-and-one-half-inch
hard-suction connection, with National Standard fire hose thread, four threads
to the inch, located on the front side. The following criteria shall be required
regarding installation:
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1.
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The hard-suction connection shall face the street, access driveway or
fire walkway with the side outlets parallel to the cartway or walkway edge.
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2.
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A minimum clearance of 20 inches, measured from the bottom of the lowest
outlet to final grade of ground or pavement, shall be provided. In no case
shall said clearance be more than 26 inches.
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3.
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Fire hydrants shall be appropriately spaced so as not to exceed 500
feet between hydrants.
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4.
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Fire hydrants required to be located outside a street right-of-way shall
not be accepted as public fire hydrants by the Township.
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5.
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Fire hydrants shall be located within five feet of paved streets, access
driveways or fire walkways."
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(Old Ordinance Number 502, adopted 12-13-1984)
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(5)
Section F-603.4 shall be deleted and replaced as follows:
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"603.4. Portable heaters. Portable heaters, vented or unvented, in any
structure, other than a single-family dwelling, which is used wholly or in
part for human habitation, shall be prohibited. Portable heaters shall include,
but not be limited to, heaters having a barometrically fed fuel control, with
a fuel supply tank located less than 42 inches from the center control, with
a fuel supply tank located less than 42 inches from the center of the burner,
using gas, kerosene, range oil or No. 1 fuel oil for fuel.
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603.4.1. Prohibited locations. Unvented fuel-fired heating equipment
shall not be located in, or obtain combustion air from any of the following
rooms or spaces: sleeping rooms, bathrooms, toilet rooms or storage rooms.
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603.4.2. Certain sales prohibited. No person shall sell or offer for
sale or install a secondhand, previously owned, space heater or portable stove
which uses gas, kerosene, range oil or No. 1 fuel oil for fuel.
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603.4.3. Limited permissible uses of unvented kerosene heaters. Unvented
kerosene heaters may be used in an agricultural building or a building under
construction. Such heaters shall meet UL Subject 647 and bear the Underwriters'
Laboratories, Inc. label, so certifying compliance."
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(Old Ordinance Number 502, adopted 12-13-1984)
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(6)
Section 3301.2.4 shall be changed as follows;
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$100,000 shall be changed to $5,000,000
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(Old Ordinance Number 502, adopted 12-13-1984)
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[1]
Editor's Note: The ordinance adopting this article also provided for
change and/or modification “by the governing body of Whitemarsh Township,
in accordance with the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101-7210.1103, Section 503.”
A.
Creation of Appeals Board. A Building Code Board of Appeals
(hereinafter "Appeals Board") is hereby established in conformity with the
requirements of the Pennsylvania Construction Code Act, Act 45 of 1999, 35
P.S. §§ 7210.101-7210.1103; Section 501(c) and Title 34 Pa.
Code, Section 403.121. The Appeals Board shall hear and rule on appeals, requests
for variances and requests for extensions of time.
B.
Appointment of members. The Appeals Board shall consist
of five members appointed by the Board of Supervisors as follows: one member
shall be appointed to serve a five-year term; one member shall serve a four-year
term; one member shall serve a three-year term; one member shall serve a two-year
term; and one member shall serve a one-year term. After the initial appointments,
each new member shall serve for five years or until a successor has been appointed.
C.
Qualifications of members. The members of the Appeals
Board shall, in the discretion of the Board of Supervisors, be qualified by
training and experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or engineer,
experience in the construction industry, or training or experience as an inspector
or plan reviewer. No member of the Board of Supervisors nor any code inspector
employed by the Township may serve on the Appeals Board. If the Board of Supervisors
is unable to find a sufficient number of qualified individuals who reside
within the Township, it may appoint a qualified person who resides outside
of the Township to fill a position.
D.
Alternate members. The Board of Supervisors shall appoint
two alternate members who shall be called by the Appeals Board Chairperson
to hear appeals in the event of the absence or disqualification of a member.
Alternate members shall possess the qualifications required for Board membership
and shall be appointed for five years or until a successor has been appointed.
E.
Intergovernmental cooperation. The Board of Supervisors
is hereby authorized to enter into an intergovernmental cooperation agreement
with one or more municipalities to create an appeals board.
F.
Chairperson and secretary. The Appeals Board shall annually
select one of its members to serve as Chairperson and Secretary. The Secretary
shall file a detailed record of all proceedings in the office of the Township
Manager.
G.
Disqualification of member. A member of the Appeals Board
shall not hear an appeal in which that member has any personal, professional
or financial interest.
H.
Operation of Board of Appeals. The procedure for conduct
of hearing and notices of hearings shall be established by resolution of the
Board of Supervisors and shall be consistent with Pennsylvania law and regulations
of the Pennsylvania Department of Labor and Industry.
[Adopted 3-16-1989 as part of Ord. No.
575[1]]
The following provisions shall apply to all structures, construction
or development in any Floodplain Conservation District within Whitemarsh Township:
A.
Residential structure. Within any portion of the Floodplain
Conservation District, the lowest floor, including basement, of any new or
improved residential structure shall be at least two feet above the one-hundred-year-flood
elevation.
B.
Nonresidential structures. Within any portion of the
Floodplain Conservation District, all nonresidential structures shall conform
to all provisions for residential structures or be so designed and constructed
as to remain completely or essentially dry during flooding in accordance with
the standards of the United States Army Corps of Engineers' June 1972
publication, Floodproofing Requirements, or equal standard.
C.
Fill.
(1)
When using fill for floodproofing, it shall extend at
least 15 feet laterally beyond all points of the structure.
(2)
Fill shall be placed in accordance with Township regulations
and shall not occur without first obtaining permits required by other Township
ordinances.
(3)
Fill shall consist of soil and small rock materials only.
(4)
Fill shall be compacted and stabilized to resist erosion,
scouring or settling and shall provide necessary permeability.
(5)
The slopes of fill shall not exceed 2:1 (two vertical
to one horizontal).
(6)
Under no circumstances may fill be placed which adversely
affects adjacent properties.
D.
Placement and reviews. All structures shall be designed
and placed to offer the minimum obstruction to the flow of water.
E.
Anchoring. All structures shall be anchored to prevent
flotation, collapse, displacement or other movement.
F.
Floors, walls and ceilings. Where located at or below
the regulatory flood elevation:
(1)
Wood shall be installed to accommodate expansion without
incurring structural damage.
(2)
Plywood shall be marine or exterior grades of waterproof
variety.
(3)
Windows, doors and frames shall be metal and wire glass.
(4)
All construction shall be of sufficient strength and
performed and installed to eliminate structural damage from flooding water
and waterborne debris.
G.
Electrical system.
(1)
All electrical work and equipment shall be located above
the one-hundred-year-flood elevation.
(2)
Distributor panels shall not be less than five feet above
the one-hundred-year-flood elevation.
(3)
Levels below the one-hundred-year-flood elevation shall
be served by separate circuits dropped from above.
H.
Mechanical equipment.
(1)
Water heaters, furnaces and all mechanical equipment
shall be located with their lowest point two feet above the one-hundred-year-flood
elevation.
(2)
No portion of any on-site water supply or sewage disposal
system shall be located or constructed within the one-hundred-year Floodplain
Conservation District.
(3)
Water supply and sanitary sewerage systems shall be designed
and constructed to preclude infiltration by floodwater or discharge to floodwater.
(4)
All gas and petroleum fuel systems and parts thereof
shall be located two feet above the one-hundred-year-flood level.
(5)
All mechanical and plumbing systems and parts thereof
shall have provision for drainage of floodwaters from the system.
I.
Paints, adhesives and other materials. All paints and
adhesives shall be unaffected by inundation or exposure to dampness.
J.
Storage. There shall be no storage or provisions for
materials which are buoyant, flammable or explosive or which in flooding could
be injurious to human, plant or animal life to be stored at or below the one-hundred-year-floodplain
elevation.
K.
Drainage. Storm drainage facilities shall be constructed
and maintained to convey surface water without damage to persons or property.
The system shall accommodate all drainage across and from the property, provide
positive drainage away from structures and prevent excess or harmful discharge
upon adjacent properties.
L.
Sanitary sewage facilities; parts therefor, including
collectors, pump stations, package plants. All new and replacement systems
shall be designed, constructed and maintained to eliminate infiltration from
discharge due to floodwaters.
M.
Water facilities. All new or replacement water facilities
shall be designed, constructed and maintained to eliminate infiltration by
or discharge to floodwaters, and construction design and maintenance shall
be in a manner to eliminate damages and impairment from floodwaters.
N.
Streets. The finished elevation of all new, proposed
or reconstructed streets shall be not less than the elevation of the one-hundred-year-floodplain
elevation. Detailed engineering calculations and drawings shall be provided
to demonstrate compliance.
P.
Special flood damage control provisions for mobile homes
and mobile home parks in the designated Floodplain Districts.
(1)
All mobile homes, and any additions thereto, shall be
anchored to resist flotation, collapse or lateral movement. Over-the-top and
frame ties to ground anchors shall be provided in accordance with the American
National Standards Institute and National Fire Protection Association Standards
and other appropriate standards, such as the following:
(a)
Over-the-top ties shall be provided at each corner, with
two additional ties per side at intermediate locations for units 50 feet or
more in length, or one additional tie per side for units less than 50 feet
in length.
(b)
Frame ties shall be provided at each corner, with five
additional ties per side at intermediate locations for units 50 feet or more
in length, and four additional ties per side for units less than 50 feet in
length.
(c)
All components of the anchoring system shall be capable
of carrying a force of 4,800 pounds each.
(2)
For individual mobile homes to be located outside of
parks, for new mobile home parks, or expansions thereof, or for improvements
to such parks, the following requirements shall apply:
(a)
The stands or lots shall be such that the lowest floor
of the mobile home will be at least two feet above the one-hundred-year-floodplain
elevation.
(b)
Adequate surface drainage shall be provided.
(c)
Adequate access for a hauler shall be provided.
(d)
Where pilings are used for elevation, the lots shall
be large enough to permit steps; piling foundations shall be placed in stable
soil no more than 10 feet apart; reinforcement shall be provided for pilings
that will extend for six feet or more above the ground level.
(3)
An evacuation plan indicating at least two alternate
vehicular access and escape routes shall be filed with the appropriate Township
officials.
(4)
No mobile homes shall be placed within the one-hundred-year
Floodplain Conservation District.
Q.
Existing structures in designated Floodplain Districts.
Structures existing in any designated Floodplain Conservation Districts prior
to the enactment of this article, but which are not in compliance with these
provisions, may continue to remain, subject to the following:
(1)
Existing structures located in a designated Floodplain
Conservation District or area shall not be expanded or enlarged unless the
effect of the proposed expansion or enlargement on flood heights is fully
offset by accompanying improvements.
(2)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to the greatest
extent possible.
(3)
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 undertaken only in full compliance with the
provisions of this article for new construction.
R.
Variances.
(1)
If compliance with the elevation or floodproofing requirements
stated above would result in an exceptional hardship, other than monetary,
for a prospective builder, developer or landowner, the Township may, upon
request, grant relief from the strict application of the requirement.
(2)
Requests for variances to the strict application of the
provisions of this article may be granted by the Township Building Code Appeals
Board in accordance with the following procedures and criteria:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase in
the one-hundred-year-flood elevation.
(b)
If granted, a variance shall be only the least modification
necessary to provide relief.
(c)
In granting any variance, the Township may attach whatever
conditions and safeguards it considers necessary to protect the public health,
safety and welfare and to achieve the objectives of this article of the Whitemarsh
Township Code.
(e)
In reviewing any request for a variance, the Township
shall consider, but not be limited to, the following:
[1]
That there is 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
any unacceptable or prohibited increased 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 ordinances and regulations.
[4]
That the hardship has not been caused by the applicant.
(f)
A complete record of all variance requests and related
actions shall be maintained by the Township building offices. In addition,
a report of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
(3)
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of resisting
the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy
of the one-hundred-year flood and remain dry without effort by man, owner
and occupant.
A.
Plan requirements. In addition to the permit application
requirements normally required under the Building Code, the Township requires
the following information to be included as part of the application for a
building permit:
(1)
A plan which details the existing and proposed contours
and elevation, in relation to mean Township datum, of the ground and the lowest
floor of proposed construction; the one-hundred-year-flood elevations; and
other associated or relevant factors, such as pressures and impact forces,
storage elevations, size of the structure, location and elevations of streets,
water supply, sanitary facilities, soil types and floodproofing measures,
including specific reference to the level of the floodproofing in relation
to the one-hundred-year flood.
(2)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been adequately
designed to withstand hydrostatic and hydrodynamic and buoyancy factors associated
with the one-hundred-year flood. Such statement shall include a description
of the type and extent of floodproofing measures which have been incorporated
into the design of the structure.
B.
Review by County Conservation District. A copy of all
applications and plans for construction or development in any designated Floodplain
Conservation District shall be submitted by the Township Building Official
to the appropriate Conservation District for review and comment prior to the
issuance of a building permit. The recommendations of the Conservation District
shall be considered by the Township Building Official for incorporation into
the proposed plan and subsequent permit.
C.
Other permit issuance requirements. Prior to the issuance
of any building permit, the Township Building Official shall review the application
for permit to determine if all other permits required by those bodies having
legal jurisdictions have been obtained, including those required by Act 537,
the Pennsylvania Sewage Facilities Act,[1] the Pennsylvania Water Obstruction Act of 1913 and the Federal
Water Pollution Control Act Amendments of 1972, 404 and 33 U.S.C. § 1334.
No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 53 P.S. § 750.1 et seq.
D.
Start of construction. For purposes of this article,
construction shall be considered to have started with the locating of any
prefabricated structure or mobile home on a site or any land preparation,
clearing, grading, filling, excavation for basement, footings, piers, foundations
or any other reason, erection of temporary forms, the installation of pilings
or the installation of sewer, gas, water pipes, electric or other service
devices or lines.
The following definitions shall be used in interpretation of the provisions contained in §§ 42-7 and 42-8:
A space which will remain totally dry during flooding; the structure
is designed and constructed to prevent the passage of water and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Any man-made change to real estate, including but not limited to
structures, the placement of mobile homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation or drilling operations.
A space which will remain dry during flooding, except for the passage
of some water vapor or minor seepage; the structure is substantially impermeable
to the passage of water.
Those districts designated in the Township Zoning Ordinance[1] as being Floodplain Conservation Districts.
Any combination of additions, changes or adjustments to structures
which eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures and their contents.
A transportable structure, not necessarily limited to a single-family
dwelling, intended for permanent occupancy, office or place of assembly, contained
in one unit or in two units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site complete
and ready for occupancy, except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent foundation.
It does not include recreational vehicles or travel trailers.
A parcel of land under single ownership which has been planned and
improved for the placement of two or more mobile homes for nontransient use.
Any structure, construction, fill, excavation, channel,
rectification, culvert or matter in, along, across or projecting into any
channel, watercourse or designated Floodplain Conservation Districts which
may impede, retard or change the direction of the flow of water either in
itself or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream to the damage
of life and property.
A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a 1% chance of occurring each year, although the flood may
occur in any year). This is more precisely defined/delineated in the Township
Floodplain Conservation District Zoning Ordinance.[2]
The elevation established as two feet above the water elevation of
the one-hundred-year flood. Within the approximate floodplain, the regulatory
flood shall be established as the elevation of two feet above the point on
the boundary of the approximate floodplain closest to the construction site.
Any person or persons who shall violate any of the provisions of this
article, upon conviction thereof, shall be liable to pay a fine or penalty
not to exceed $1,000 for each and every offense. All fines and penalties imposed
by this chapter are recoverable by summary proceedings before the District
Justice in Whitemarsh Township, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of Whitemarsh
Township, against which the offenses are committed, and upon recovery thereof,
all such fines and penalties are to be paid into the treasury of the Township.
In default of payment of any fine or penalty imposed by any District Justice
under the provisions of this chapter, the person or persons so offending may
be committed to the Montgomery County Prison for a period not exceeding 30
days.
