[HISTORY: Adopted by the Board of Supervisors
of the Township of Chadds Ford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-1-2004 by Ord. No. 102]
Chadds Ford Township hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as
amended from time to time, and all regulations promulgated thereunder.
The Uniform Construction Code, contained in
34 Pa. Code Chapters 401 to 405, as amended from time to time, is
hereby adopted and incorporated herein by reference as the building
code of Chadds Ford Township.
Administration and enforcement of the code within
Chadds Ford Township shall be undertaken in any of the following ways
as determined by the Board of Supervisors of Chadds Ford Township
from time to time by resolution:
A.
By the designation of a Chadds Ford Township employee
to serve as the municipal code official to act on behalf of Chadds
Ford Township;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of Chadds Ford
Township;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through intermunicipal
agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of Chadds
Ford Township; and
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 Chadds Ford Township Board of Supervisors 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 Chadds Ford 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.[1]
[1]
Editor's Note: More restrictive provisions
are still in effect as they apply. The Building Code is on file in
the Township offices.
B.
All building code ordinances, regulations and policies
of Chadds Ford Township not governed by the code shall remain in full
force and effect.
C.
All relevant ordinances, regulations and policies
of Chadds Ford Township not governed by the code shall remain in full
force and effect.
Fees assessable by Chadds Ford Township for
the administration and enforcement undertaken pursuant to this article
and the code shall be established by the Board of Supervisors by resolution
from time to time.
[Adopted 4-2-2007 by Ord. No. 118]
Any individual, partnership, corporation, governmental
authority, company, association, trust, joint venture, unincorporated
association, or other entity which owns improved residential or commercial
real property situate within the Township of Chadds Ford and who desires
to sell or lease such property, and said property is located within
150 feet of a Township sewer line, shall first obtain a certificate
of compliance from the Office of Codes Enforcement of Chadds Ford
Township or other official as designated by the Township and provide
a copy of such certificate to the buyer at settlement or to the tenant
at the time of commencement of the lease.
The Township Office of Codes Enforcement or
other official as designated by the Township shall, when appropriate,
issue a certificate of compliance which shall contain the following certifications: a statement by
the Office of Codes Enforcement, designee (SEO), Township Engineer
or other official as designated by the Township that there are no
uncorrected violations of record of any ordinances, codes or regulations
of Chadds Ford Township or Chadds Ford Township Sewer Authority on
the property or leasehold.
A.
All properties being sold or leased and which are located within 150 feet of a Township sewer line will be inspected by the Township Office of Codes Enforcement or other official as designated by the Township to determine if the property is in compliance with Chapter 95, Sewers, of the Code of the Township of Chadds Ford and all rules and regulations of the Township and the Township Sewer Authority relating thereto.
B.
Any commercial, residential or agricultural building
located within 150 feet of a Township sewer line must connect to the
Township sewer system prior to issuance of the certificate of compliance,
regardless of the condition of the on-lot sewage system.
Any violations discovered on a property or leasehold
as a result of inspection must be corrected prior to the issuance
of any certificate of compliance. If the seller or landlord of the
property cannot correct all violations found on the property or leasehold,
a certificate of compliance may be issued by the Office of Codes Enforcement
or other official as designated by the Township only if the Township
finds that the following conditions will be sufficient to guarantee
further compliance and insure that no danger to the health and safety
of the residents will be posed by the issuance of a certificate of
compliance:
A.
The seller or landlord must place sufficient funds
in an escrow account to cover, in full, the cost of the required improvements
and/or repairs. The amount of the funds required to be deposited in
escrow shall be determined by the Office of Codes Enforcement or other
official as designated by the Township.
B.
The buyer or tenant may sign an agreement with the
seller by which the buyer or tenant must demonstrate, to the satisfaction
of the Township, that the buyer or tenant has the financial ability
to correct all of the violations, either by depositing funds in escrow
or by some other means acceptable to the Office of Codes Enforcement
or other official as designated by the Township.
C.
All corrections, improvements and repairs must be
completed within 30 days from the date of the issuance of the certificate
of compliance. An extension of time within which to complete such
repairs, corrections and improvements may be granted by the Township
Board of Supervisors upon good cause shown. If the required improvements
are not made within the six-month time period, or any extension thereof
granted by the Township Board of Supervisors, the Township will pursue
legal action against the buyer or tenant and will seek therein recovery
of all legal fees incurred by the Township in such proceedings.
A fee for the issuance of the certificate of
compliance shall be as set from time to time by resolution in the
fee schedule authorized by the Board of Supervisors and posted in
the Chadds Ford Township Municipal Building.
A.
An application for issuance of a certificate of compliance
shall be submitted to the Office of Codes Enforcement or other official
as designated by the Township at least two weeks prior to the date
of settlement or the commencement of the lease. The application shall
include the name of the seller or landlord and the address of the
property as well as a description of the current and intended uses
of the property or leasehold.
B.
The Township will issue the certificate of compliance
as soon as practicable but no later than two weeks after submission
of the application.
Failure of any person, firm, partnership, corporation,
association or governmental unit to comply with the regulations of
this article may result in the following penalties:
A.
Each violation continuing for a separate day after
notice by the Township and each violation of any provision of this
article shall constitute a separate and distinct violation subject
to a separate and additional fine of $1,000; and
B.
Any person or entity who violates or permits the violation
of any provision of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by Chadds Ford Township,
pay the fine prescribed by this article, plus all court costs, including
reasonable attorney fees, incurred by Chadds Ford Township.
Enforcement of this article shall be the responsibility
of the Office of Codes Enforcement or other official as designated
by the Township.
