Building permits shall be required before any construction or
development is undertaken within any area of the Borough of Lehighton.
A.
The Borough Code Official shall issue a building permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building permit, the Borough Code Official
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended[2]); the Pennsylvania Clean Streams Act (Act 1937-394, as
amended[3]); and the United States Clean Water Act, Section 404,
33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities which may be
affected by such action have been notified by the Borough of Lehighton
and until all required permits or approvals have been first obtained
from the Department of Environmental Resources, Bureau of Dams, Waterways
and Wetlands.
D.
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community Affairs, Bureau of Community Planning, shall
be notified by the Borough of Lehighton prior to any alteration or
relocation of any watercourse.
A.
Application for such a building permit shall be made, in writing,
to the Borough Code Official on forms supplied by the Borough of Lehighton.
Such application shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of land on which proposed construction
is to occur.
(3)
The name and address of the contractor.
(4)
Site location.
(5)
A listing of other permits required.
(6)
A brief description of the proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location of the proposed
construction, as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Borough Code Official to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this chapter and all other
applicable codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
Applicants shall file the following minimum information, plus any
other pertinent information as may be required by the Borough Code
Official to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development.
(e)
The location of all existing streets, drives and other accessways.
(f)
The location of any existing bodies of water or watercourses,
identified floodplain areas and, if available, information pertaining
to the floodway and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces 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 and/or the development.
(b)
(c)
The appropriate component of the Department of Environmental
Resources' Planning Module for Land Development.
(d)
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Resources to implement
and maintain erosion and sedimentation control.
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Borough Code Official to the
County 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 Borough Code Official for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Borough Code Official to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Borough Engineer, etc.) for review and comment.
After the issuance of a building permit by the Borough Code
Official, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Borough Code Official. Requests for any such change shall be in writing
and shall be submitted by the applicant to Borough Code Official for
consideration.
In addition to the building permit, the Borough Code Official
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the building permit and the date of its issuance and be
signed by the Borough Code Official.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the building permit or the permit shall expire
unless a time extension is granted, in writing, by the Borough Code
Official. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of basement, footings, piers or foundations, erection of
temporary forms, the installation of piling under proposed subsurface
footings or the installation of sewer, gas and water pipes or electrical
or other service lines from the street.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Borough Code Official to approve such a request.
A.
During the construction period, the Borough Code Official or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He shall make as many inspections during and upon completion
of the work as are necessary.
B.
In the discharge of his duties, the Borough Code Official shall have
the authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this chapter.
C.
In the event that the Borough Code Official discovers that the work
does not comply with the permit application or any applicable laws
and ordinances or that there has been a false statement or misrepresentation
by any applicant, the Borough Code Official shall revoke the building
permit and report such fact to the Lehighton Council for whatever
action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a building permit shall be accompanied by a
fee as established by current resolution of Borough Council.
A.
Notices. Whenever the Borough Code Official or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter
or of any regulations adopted pursuant thereto, the Borough Code Official
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires.
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order or direction of the Borough Code
Official or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Borough of Lehighton of not less than $25 nor more than $300,
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in the county prison for a period not to exceed
10 days. Each day during which any violation of this chapter continues
shall constitute a separate offense. In addition to the above penalties
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this chapter. The imposition of a fine
or penalty for any violation of, or noncompliance with, this chapter
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliances within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered or relocated in noncompliance with this chapter may be declared
by the Lehighton Council to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Borough Code
Official concerning the administration of the provisions of this chapter
may appeal to the Lehighton Council. Such appeal must be filed, in
writing, within 30 days after the decision or action of the Borough
Code Official.
B.
Upon receipt of such appeal the Lehighton Council shall set a time
and place, within not less than 10 nor more than 30 days, for the
purpose of considering the appeal. Notice of the time and place at
which the appeal will be considered shall be given to all parties.
