[Adopted 11-19-1994 by Ord. No. 9-1994]
[Amended 8-13-1996 by Ord. No. 6-1996; 8-10-2004 by Ord. No.
10-2004]
Certain documents, one copy of each of which shall be on file in the office of the Borough Manager/Secretary of the Borough of Upland, being marked and designated as the “International Residential Code, 2003 Edition,” and all subsequent editions, including appendix chapters, as published by the International Code Council, be and is hereby adopted as the Residential Code of the Borough of Upland, Commonwealth of Pennsylvania, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and adopting the “International Existing Building Code, 2003 Edition,” and all subsequent editions, as published by the International Code Council, for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code and said Residential Code on file in the Office of the Borough of Upland are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any prescribed in § 60-2 of this article.
[Added 10-12-2004 by Ord. No. 13-2004]
As amended by the Commonwealth’s Senate
Bill 1139 (signed July 15, 2004) and Act 93 of 2004, “Changes
to the Uniform Construction Code,” municipalities now may require
building, electrical, gas, mechanical and plumbing permits for any
and all excluded work, under the Uniform Construction Code, to he
done in a manner that was approved by the Borough’s Building,
Mechanical, Plumbing and Electrical Codes that were in effect as of
July 1, 1999 or thereafter. Work to be done in any manner must be
first permitted, including, but not limited to accessory structures,
fences, retaining walls, sidewalks, driveways, electrical wiring,
heating appliances, cooling units, drains, fixtures and pipes. And
to further accept any changes, amendments, revisions, deletions, exclusions,
restrictions and/or implementations that the commonwealth sets forth,
regarding die Uniform Construction Code, that are applicable to the
Borough of Upland and for the best interest of the community; after
first being considered and approved by the Code Officials and the
Borough Council, will be incorporated by reference.
A.
The following changes are made to the above-mentioned
codes:
[Amended 12-10-1996 by Ord. No. 9-1996; 4-10-2001 by Ord. No. 4-2001; 1-13-2004 by Ord. No. 2-2004; 8-10-2004 by Ord. No.
10-2004]
B.
Height limits and maintenance of fences and walls.
[Added 5-12-1998 by Ord. No. 2-1998;
amended 11-13-2001 by Ord. No. 7-2001]
(1)
No fence or wall may be erected over four feet in
height under all of the following conditions:
(a)
In the front of any dwelling. The front is described
as the corner of the surface of the building (not including porches
or additions) that faces the street that the property is addressed
to, to the property line that borders that street. In cases where
the front corner of the dwelling as described above is less than 20
feet from the property line, there must be a twenty-foot offset from
that property line, in a residential district.
(b)
On any other part of a property (side or rear)
that is not at least 20 feet offset in distance from that dwelling's
property line that borders any public street or public property in
a residential district.
(c)
On any other part of a property (side or rear)
bordering any alley that is not offset by at least five feet from
the property line that borders that alley, in a residential district.
(2)
No fence or wall may be erected over six feet in height
on any residential property.
(3)
No fence or wall may be erected over eight feet in
height in a business/industrial district or land occupied by an institution.
(4)
Any request in exception of the above limitations
must receive special permission of Borough Council.
(5)
All fences and walls must be installed so that any
exposed support structure, post, pole or frame faces inward and away
from the sight of any adjoining lot or property, and must be properly
maintained and waterproofed over the entire life of said fence or
wall.
[Amended 10-8-2002 by Ord. No. 7-2002]
C.
The Code Official, as defined in this chapter, shall
receive compensation as shall be determined from time to time by resolution
of Borough Council.
[Added 1-13-2004 by Ord. No. 2-2004]
[Added 8-10-2004 by Ord. No. 10-2004]
All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
[Added 8-10-2004 by Ord. No. 10-2004]
If any section. subsection, sentence, clause
or phrase of this article is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this article. The Upland Borough Council hereby declares that it
would have passed this article and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, clauses and phrases be declared unconstitutional.
[Added 8-10-2004 by Ord. No. 10-2004]
Nothing in this article or in the Existing Building Code and/or International Residential Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed in § 60-2.1 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
The Borough Manager/Secretary shall certify
to the adoption of this article and cause the same to be published
as required by law; and this article shall take full force and effect
immediately upon the date and time of final passage and approval by
the Upland Borough Council.
