[Ord. 02-2, 2/6/2002, § 2.00]
Building permits shall be required before any construction or
development is undertaken within any area of the Township.
[Ord. 02-2, 2/6/2002, § 2.01]
1.
The Building Permit Officer 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 Chapter and all other
applicable codes and ordinances.
2.
Prior to the issuance of any building permit, the Building Permit
Officer 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 things required by the Pennsylvania
Sewage Facilities Act (Act 1966 — 537, as amended), the Pennsylvania
Dam Safety and Encroachments Act (Act 1978 — 325, as amended),
the Pennsylvania Clean Streams Act (Act 1937 — 394, as amended)
and the U.S. Clean Water Act, Section 404 (33 U.S.C. § 1344).
No permit shall be issued until this determination has been made.
3.
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 Township and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Insurance Administrator and
Pennsylvania Department of Community and Economic Development shall
be notified by the Township prior to any alteration or revocation
of any watercourse.
[Ord. 02-2, 2/6/2002, § 2.02]
1.
Application for such a building permit shall be made, in writing,
on forms supplied by the Township. Such application shall contain
the following:
A.
An exact address of the property.
B.
Name and address of the owner of land on which proposed construction
is to occur.
C.
Name and address of the contractor.
D.
Tax map page, block and lot number.
E.
Listing of other permits required and contractors performing work.
F.
Brief description of proposed work and estimated cost.
G.
The plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
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 Building Permit Officer to determine
that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this Chapter and all other
applicable codes and ordinances.
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
3.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Building Permit
Officer to make the above determination:
A.
A completed building permit application form.
B.
Two copies of a plan of the entire site, clearly and legibly drawn
to a scale of one inch being equal to 100 feet or less, showing the
following:
(1)
North arrow, scale and date.
(2)
Topographic contour lines, if available.
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(4)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development.
(5)
The location of all existing streets, drives and other accessways.
(6)
The location of any existing bodies of water or watercourse,
identified floodplain areas and, if available, information pertaining
to the floodway and the flow of water, including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(2)
The elevation of the one-hundred-year flood.
(3)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing measures.
D.
The following data and documentation:
(1)
Documentation, certified by the registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(2)
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.
(3)
(4)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(5)
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
[Ord. 02-2, 2/6/2002, § 2.03]
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 Building Permit Officer 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 Building Permit Officer for possible
incorporation into the proposed plan.
[Ord. 02-2. 2/6/2002, § 2.04]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Building Permit Officer to
the Planning Commission and Township Engineer and any other appropriate
agencies and/or individuals for review and comment.
[Ord. 02-2. 2/6/2002, § 2.05]
After the issuance of the 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. Request for any such change shall be in writing
and shall be submitted by the applicant to the Building Permit Officer
for consideration.
[Ord. 02-2. 2/6/2002, § 2.06]
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.
[Ord. 02-2. 2/6/2002, § 2.07]
1.
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 Building Permit
Officer. 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.
2.
Time extensions shall be granted only if any written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Building Permit Officer to approve such a request.
[Ord. 02-2. 2/6/2002, § 2.08]
1.
During the construction period, the Building Permit Officer or other
authorized official shall inspect the premises to determine that the
work is progressing and 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.
2.
In the discharge of his duties, the Building Permit Officer 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.
3.
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.
4.
A record of all such inspections and violations of this Chapter shall
be maintained.
[Ord. 02-2, 2/6/2002, § 2.09]
Applications for a building permit shall be accompanied by a
fee, payable to the Township, determined by the Building Permit Officer,
as set forth in a resolution duly adopted by the Board of Supervisors.
[Ord. 02-2, 2/6/2002, § 2.10]
1.
Notices. Whenever the Building Permit Officer 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 Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall: (i) be in writing; (ii) include a statement
of the reasons for its issuance; (iii) allow a reasonable time not
to exceed a period of 30 days for the performance of any act it requires;
(iv) 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; (v) contain an outline of remedial
action which, it taken, will effect compliance with the provisions
of this Chapter.
2.
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 Building Permit
Officer or any other authorized employee of the Township shall be
guilty of an offense and, upon conviction thereof, shall pay a fine
to the Township of not less than $25 nor more than $600 plus costs
of prosecution. In default of such payment, such person shall be imprisoned
in Lehigh 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 noncompliance 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 Board of Supervisors to be a public nuisance and abatable as
such.
[Ord. 02-2. 2/6/2002, § 2.11]
1.
Any person aggrieved by any action or decision of the Building Permit
Officer concerning the administration of the provisions of this Chapter
may appeal to the Board of Supervisors. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Building Permit Officer.
2.
Under receipt of such appeal, the Board of Supervisors shall set
a time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal herein. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
3.
Any person aggrieved by any decision of the Board of Supervisors
may seek relief therefrom by appeal to the Court of Common Pleas,
as provided by the laws of this commonwealth including the Pennsylvania
Floodplain Management Act.
