[HISTORY: Adopted by the Board of Supervisors
of Carroll Township 6-20-2000 by Ord. No. 43. Amendments noted where
applicable.]
This chapter shall be known as the "Carroll
Township Building Permit Ordinance."
For the administration of this chapter, a Building
Permit Officer, who shall not hold any elective office in the municipality,
shall be appointed by the Carroll Township Board of Supervisors. The
Building Permit Officer shall report directly to the Carroll Township
Board of Supervisors. The Building Permit Officer may hold other positions
and duties in the Township as seen fit by the Carroll Township Board
of Supervisors.
It shall be the duty of the Building Permit
Officer, or a duly authorized representative, to enforce all rules
and regulations applicable to this chapter within Carroll Township.
The regulations contained herein shall not apply
in the case of normal maintenance activities, minor repairs, and alterations
that do not structurally change a building or structure.
A.
It shall be unlawful to construct, enlarge, alter, remove or demolish, or to commence to construct, enlarge, alter, remove or demolish, other than what is permitted in § 51-4, any building or structure without first filing an application in writing with the Building Permit Officer of Carroll Township and obtaining the required permit.
C.
The application for a building permit shall be submitted
pursuant to the requirements of this chapter along with the required
fee. The application shall have attached thereto as exhibits written
evidence of compliance by the applicant with all pertinent state,
county, and/or municipal statutes, ordinances, and/or regulations
and no permit shall be issued by the Building Permit Officer until
all such statutes, ordinances, and/or regulations have been complied
with by the applicant.
D.
The owner of the building or structure, or an authorized
agent thereof, shall file all building permit applications. The application
shall contain the full name and address of the owner(s), owner's signature
and, if the owner is a corporate body, the name of its responsible
officer.
E.
The building permit application shall include a general
description of the proposed work, the location, building setbacks,
the proposed use and occupancy of all parts of the building or structure,
plot plan, reference to an approved land development plan, if required,
verification of sewage system approval, if required, erosion and sedimentation
control plan approval, if required, and market value of the proposed
work.
F.
All work relating to a building permit shall begin
within one year of the date of issuance or said permit shall expire,
except where a time extension has been granted in writing by the Building
Permit Officer.
G.
The Building Permit Officer shall act upon a request
within 30 days following receipt of a completed application. In the
case of an incomplete application, the Building Permit Officer shall
notify the applicant of the deficiencies within seven days following
receipt of the building permit application. Failure of the applicant
to address the deficiencies shall result in the application being
denied.
H.
A temporary building permit for structures/buildings associated with, but not limited to, a construction trailer and temporary sales office may be authorized by the Building Permit Officer, upon issuance of a zoning permit by the Zoning Officer. Such permit shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years. All temporary structures/buildings and uses shall comply with the provisions of this chapter and Chapter 138, Zoning.
A.
No permit to construct, enlarge, alter, remove or demolish, or to commence to construct, enlarge, alter, remove or demolish, other than what is permitted in § 51-4, shall be issued until the proper fees have been paid to the Building Permit Officer.
B.
The Building Permit Officer shall keep an accurate
account of all fees collected and such fees shall be immediately given
to the Township Secretary/Treasurer and deposited into the appropriate
banking account.
C.
The fee schedule is based on the market value of construction
activity. Fee schedule and market value determination shall be set
by resolution by the Carroll Township Board of Supervisors.
The building permit issued in accordance with
this chapter shall be conspicuously posted on the building itself
or in the immediate vicinity thereof at all times until work is completed.
A.
All multifamily dwelling units hereinafter constructed
shall have a smoke alarm on each floor, which said smoke alarms shall
be tied together on the same circuit.
B.
All multifamily dwelling units shall be constructed
with a vertical fireproof wall of a five-eighths-inch fire shield,
or six-inch masonry wall between all residential units to extend up
to the roofline.
C.
On the effective date of the Pennsylvania Construction
Code Act, Act 45 of 1999, all residential and nonresidential construction
activity shall comply with the provisions and procedures of Act 45.
Sections of this chapter which are not consistent with the provisions
of Act 45 shall be automatically repealed upon its effective date.
Before a residential dwelling or nonresidential
structure is permitted to be occupied or used, the Building Permit
Officer shall issue a certificate of occupancy. The certificate of
occupancy shall ensure that the dwelling or structure complies with
the provisions of this chapter and all Carroll Township ordinances,
as well as certification of compliance by the Carroll Township Sewage
Enforcement Officer.
The Building Permit Officer, upon consultation
with the Zoning Officer, may revoke a building permit issued under
the provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans serving as the basis on
which the permit was issued.
A.
Any person aggrieved by this chapter, except as provided in § 51-5B, may appeal the Building Permit Officer's decision to the Carroll Township Board of Supervisors. Such appeal must be filed in writing with the Secretary/Treasurer of the Township within 10 days after the decision of the Building Permit Officer. Upon receipt of such appeal, the Board of Supervisors shall schedule a public hearing, pursuant to public notice, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties by certified mail, return receipt requested, at which time they may appear. Appeals of § 51-5B shall be made to the Carroll Township Zoning Hearing Board.
B.
Appeals to the Carroll Township Board of Supervisors
shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate
to be affected by such proposal.
(3)
A brief description and location of the real estate
to be affected by such proposal.
(4)
A statement of the present zoning classification of
the real estate in question, the improvements thereon, and the present
use thereof.
(5)
A statement of the section of this chapter governing
the situation in which the alleged erroneous ruling is being appealed,
and reasons for the appeal.
(6)
Any other pertinent data required by the Carroll Township
Board of Supervisors, and/or Building Permit Officer, as appropriate
to their individual authorities set forth in this chapter.
In such instances where building construction
activity or a change of use is regulated by the Pennsylvania Department
of Labor and Industry, as authorized by the Pennsylvania Code, Title
34, the applicant shall present proof that the Department of Labor
and Industry has reviewed and approved the activity prior to the issuance
a building permit and/or a certificate of occupancy.
A.
Except as indicated in Subsection B below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
If enforcement of this chapter is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation of this chapter, shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
