[Adopted 6-8-1977 by Ord. No. 76 (Ch. 4, Part 1, of the
1994 Code)]
This article shall be known as "the Spring Garden Township Building
Permit Ordinance."
Unless otherwise expressly stated, the following words shall,
for the purpose of this article, have the meanings herein indicated:
Any change, rearrangement, enlargement, moving, relocation,
removal or demolition of any structure or of the structural parts
thereof.
The construction, erection, location, placement, altering,
raising, fabricating, making, repairing, enlarging, paving or restoration
of any structure or part thereof, but not including the mere painting
or finishing of surfaces when not accompanied by any other activity
herein referred to.
Any structure or edifice designed or intended for use as
an enclosure, a shelter, or for protection of persons, animals or
property.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Those floodplain areas specifically designated by the Federal Insurance Administration or by the Spring Garden Township Zoning Chapter (see Chapter 310) as being inundated primarily by the one-hundred-year flood.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude as specifically defined by the Federal Insurance Administration
or in the Spring Garden Township Zoning Chapter.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving, utilities, mining, dredging, filling, grading, excavation,
or drilling operations.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term does not include recreational
vehicles, travel trailers or camper units.
A parcel of land owned by a person, which parcel has been
planned and improved for the placement of two or more mobile homes
for nontransient use.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel, watercourse or designated floodplain area, which
may impede, retard or change the direction of the flow of water or
might carry the same downstream to the damage of life or property.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year). This is more precisely
defined/delineated in the Spring Garden Township Flood Insurance Study
and the Spring Garden Township Zoning Chapter.
Includes an individual, partnership, association, firm, trust,
club, company or corporation.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Any device for visual communication that is used to bring
a subject to the attention of the public.
Includes street, avenue, boulevard, road, highway, freeway,
lane, alley, viaduct and any other dedicated and accepted public right-of-way
used or intended to be used by vehicular traffic or pedestrians.
The officially established grade of the street upon which
a lot fronts, or in its absence the established grade of other streets
upon which the lot abuts, at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the "right-of-way
line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A.
It shall be unlawful for any person to build or alter any building
or structure in Spring Garden Township without having obtained a permit
therefor as herein provided.
B.
It shall be unlawful for any person to begin any work for the building
or alteration of any building or structure unless and until a building
permit has been duly issued therefor.
[Amended 10-9-2002 by Ord. No. 02-11]
A.
All applications for building permits shall be filed with the Building
Permit Officer on the forms provided for that purpose.
B.
All applications shall be accompanied by a drawing showing the shape,
size and dimension of the lot to be built upon, the size and location
of all buildings or structures existing thereon, and the size and
location of all buildings or structures proposed to be built or altered.
C.
Such applications shall set forth the name and address of the applicant,
the location of the site, the name of the builder and architect, the
zoning district, the estimated cost of the proposed building or structure,
a description of each proposed building or structure, and all other
information which may be required to determine whether the provisions
of this article and all other ordinances of the Township have been
and will be complied with.
D.
Within 15 days after the receipt of an application for a building
permit for a single-family or two-family dwelling or within 30 days
after the receipt of an application for any other type of structure,
the Building Permit Officer must grant or refuse the permit. If the
permit is not granted, he or she must state in writing the grounds
for refusal. The applicant may appeal the decision to the Township's
Board of Commissioners.
The Board of Commissioners of Spring Garden Township shall by
resolution create a schedule of fees to be paid by the applicant at
the time of the filing of an application for a building permit under
the provisions of this article.
A.
No permit shall be issued for the building or alteration of any building
or structure within the right-of-way limits of any street or highway,
with the exception of drainage structures, curbing or pavement.
B.
No permit shall be issued for the building or alteration of any building or structure unless such building or alteration conforms to required building setback lines as specified in the Spring Garden Township Zoning Chapter (see Chapter 310).
C.
No permit shall be issued for the building or alteration of any building
or structure unless surface drainage of the land, as required, is
provided for.
D.
No permit shall be issued for the building or alteration of any building
or structure upon land in a subdivision unless and until a final plan
of such subdivision shall have been approved and properly recorded.
E.
No permit shall be issued unless or until any required sewerage permits
have been issued.
A.
All buildings or structures built or altered shall conform to the
lines and grades of the streets and highways on which they abut.
B.
All excavations and ditches shall be kept adequately drained, and
all such excavations, ditches, supplies and materials on or about
the premises shall be properly protected, screened, shielded or covered
and illuminated at night to avoid damage or injury to persons or property.
C.
No building materials or supplies may be stored on a public street.
D.
All building permits shall be immediately posted by the applicant
at a conspicuous place on the premises upon which the work is to be
performed, and shall remain posted thereon until completion of the
work.
E.
All building permits shall expire unless the work authorized therein
shall have been undertaken within a period of 90 calendar days from
the date of issuance, and unless such work shall have been fully completed
within a period of one calendar year from the date of issuance; provided,
however, that in the case of large or extensive projects the applicant
may specify estimated project completion date upon concurrence of
the Building Permit Officer, on which date the permit shall expire,
or the Building Permit Officer may extend the time for completion
to a period not exceeding two years from the date of issuance.
Within 90 days from or after the date of completion of the work
authorized by the permit, the applicant shall file with the Building
Permit Officer, on a form provided for that purpose, a report certifying
the completion of the work and setting forth the actual cost thereof
and shall pay to the Building Permit Officer any additional fee provided
for herein.
It shall be the duty of the Building Permit Officer to forthwith
revoke any building permit issued hereunder if it shall be determined
that the same shall have been improperly or wrongfully issued by reason
of any false statement in the application or by reason of any mistake
of fact or law or that the work therein authorized would constitute
the violation of any statute or ordinance. Such revocation shall become
effective upon the mailing by the Building Permit Officer to the applicant
at his address shown in the application thereof. Upon such revocation,
all work authorized by said permit shall immediately cease and shall
not be resumed unless and until a permit therefor has been properly
issued.
Upon the violation of any of the terms of this article or of
any rule or regulation made hereunder, the Township Board of Commissioners
may, in addition to any other remedies, institute in the name of the
Township any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate any such violations.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
A.
Any person who knowingly commits, participates in or permits the
violation of any of the terms of this article shall, upon conviction
thereof before any Magisterial District Judge in a summary proceeding,
be sentenced for each such violation to pay a fine not exceeding $1,000
and costs of such proceedings and, in default thereof, to undergo
imprisonment for a period not exceeding 30 days.
B.
Each day that any such violation shall continue shall constitute
a separate offense hereunder and shall be punishable as such.
The provisions of this article shall not be taken or construed
to conflict with or otherwise limit the provisions of any other statute
or ordinance imposing any other or greater requirements or restrictions,
and in the event of any such duplication, the provisions imposing
the greater requirement or restriction shall prevail.
