[HISTORY: Adopted by the Board of Supervisors of the Township of
Shirley as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-1975 by Ord. No. 1975-1]
A.
It shall be unlawful for any person, partnership, business
or corporation to undertake, or cause to be undertaken, the construction,
reconstruction, enlargement, alteration, or relocation of any building or
structure, or an earthmoving activity affecting five or more acres of land
unless an approved building permit has been obtained from the Municipal Building
Permit Officer.
B.
A building permit shall not be required for repairs to
existing buildings or structures, provided that no structural changes or modifications
are involved.
For the purpose of this article, the following definitions shall apply:
A combination of materials to form a permanent structure having walls
and a roof. Included shall be all mobile homes and trailers to be used for
human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed to
or in the ground or to any other building or structure permanently affixed
to or in the ground. Included shall be such things as driveways, carports,
porches, swimming pools, etc.
Application for such a building permit shall be made in writing to the
Building Permit Officer on forms supplied by the municipality. Such application
shall contain at least the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location.
E.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or structures.
The Building Permit Officer shall issue a building permit only after
it has been determined that the proposed construction will be in conformance
with all applicable requirements and regulations.
After the issuance of a building permit by the Building Permit Officer,
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 Building Permit Officer.
In addition to the building permit, the Building Permit Officer 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,
the date of its issuance and be signed by the Building Permit Officer.
Work on the proposed construction shall begin within six 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 Building Permit Officer. Construction
shall be considered to have started with the first placement of permanent
construction on the site, such as the pouring of slabs or footings or any
work beyond the stage of excavation. For a structure without a basement or
poured footings, the start of construction includes the first permanent framing
or assembly of the structure or any part thereof on its pilings or foundation,
or the affixing of any prefabricated structure or mobile home to its permanent
site. Permanent construction does not include land preparation, land clearing,
grading, filling; excavation for 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 electric
or other service lines from the street.
During the construction period, the Building Permit Officer or other
authorized official may 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. In the event the Building
Permit Officer 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 Building Permit Officer shall revoke
the building permit and report such fact to the Board of Supervisors for whatever
action it considers necessary.
A.
Applications for a building permit shall be accompanied by a
fee, payable to the municipality, based upon the estimated cost of the proposed
construction as determined by the Building Permit Officer at the following
rates:
|
Estimated Cost
|
Fee
| |
|---|---|---|
|
$0.00 to $1,500.00
|
$0.00
| |
|
$1,500.01 to $5,000.00
|
$20.00
| |
|
$5,000.01 to $20,000.00
|
$30.00
| |
|
$20,000.01 to $50,000.00
|
$40.00
| |
|
$50,000.01 to $100,000.00
|
$1.00 per $1,000.00 of estimated cost
| |
|
Over $100,000.00
|
$1.50 per $1,000.00 of estimated cost
|
B.
Moving of buildings: $15.
Any person aggrieved by the Building Permit Officer's estimate of the
cost of the proposed construction may appeal to the Board of Supervisors.
Such appeal must be filed, in writing, within 30 days after the determination
by the Building Permit Officer. Upon receipt of such appeal, the Board of
Supervisors shall set a time and place not less than 10 nor more than 30 days
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 at which time they may
appear and be heard. The determination of the estimated cost by the Board
of Supervisors shall be final in all cases.
Any person who fails to comply with any or all of the requirements or
provisions of this article or who fails or refuses to comply with any notice,
order or direction of the Building Permit Officer or any other authorized
employee of the municipality shall be guilty of an offense and, upon conviction,
shall pay a fine to Shirley Township of not less than $25 nor more than $100
plus costs of prosecution. In default of such payment, such person shall be
imprisoned in county prison for a period not to exceed 10 days. Each day during
which any violation of this article 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
article. The imposition of a fine or penalty for any violation of, or noncompliance
with, this article 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 structure
or building constructed, reconstructed, enlarged, altered, or relocated in
noncompliance with this article may be declared by the Board of Supervisors
to be a public nuisance and abatable as such.
[Adopted 6-24-2004 by Ord. No. 2004-4]
Shirley Township, Huntingdon County, Pennsylvania hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act, Act
45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405,
as amended from time to time, is hereby adopted and incorporated herein by
reference as the municipal building code of Shirley Township, Huntingdon County,
Pennsylvania.
Administration and enforcement of the code within Shirley Township,
Huntingdon County, Pennsylvania shall be undertaken in any of the following
ways as determined by the governing body of Shirley Township, Huntingdon County,
Pennsylvania from time to time by resolution:
A.
By the designation of an employee of Shirley Township,
Huntingdon County, Pennsylvania to serve as the municipal code official and
to act on behalf of Shirley Township, Huntingdon County, Pennsylvania;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of Shirley Township, Huntingdon County,
Pennsylvania;
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 Shirley Township,
Huntingdon County, Pennsylvania;
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.
A Board of Appeals shall be established by resolution of the governing
body of Shirley Township, Huntingdon County, Pennsylvania in conformity with
the requirements of the relevant provisions of the code, as amended from time
to time, and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the participating
municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by Shirley Township, Huntingdon County, Pennsylvania 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
to the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of
Shirley Township, Huntingdon County, Pennsylvania not governed by the code
shall remain in full force and effect.
Fees assessable by Shirley Township, Huntingdon County, Pennsylvania
for the administration and enforcement undertaken pursuant to this article
and the code shall be established by the governing body by resolution from
time to time.
