Township of Halfmoon, PA Administration

Prior to the issuance of any zoning permit and/or building permit, the Zoning Officer and the Building Code Official 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 those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[2]); the Pennsylvania Clean Streams Law (Act 1937-394, as amended[3]); 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.

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

[2]

Editor's Note: 32 P.S. § 693.1 et seq.

[3]

Editor's Note: See 35 P.S. § 691.1 et seq.

In the case of existing structures, prior to the issuance of any land development permit, the Zoning Officer and the Building Code Official shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

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 of Halfmoon and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Township of Halfmoon prior to any alteration or relocation of any watercourse.

§ 118-7 Application procedures and requirements.

Application for such a zoning permit and/or a building permit shall be made, in writing, to the Zoning Officer and the Building Code Official on forms supplied by the Township. Such application shall contain at minimum the following:

(1)

Name and address of applicant.

(2)

Name and address of owner of land on which proposed construction is to occur.

(3)

Name and address of contractor.

(4)

Site location including address.

(5)

Listing of other permits required.

(6)

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

(7)

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

If any proposed construction or development is located entirely or partially within any identified floodplain area:

(1)

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; and

(c)

Adequate drainage is provided so as to reduce exposure to flood hazards.

(2)

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:[1]

(a)

A completed building permit application form.

(b)

A plan of the entire site, clearly and legibly drawn at 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; and

[6]

The location of any existing bodies of water or watercourses, 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 North American Vertical Datum of 1988;

[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; and

[5]

Supplemental information as may be necessary under 34 Pa. Code Chapters 401 to 405, as amended, and Sections 1612.5.1, 104.7 and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.

(d)

The following data and documentation:

[1]

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 one-hundred-year-flood elevations, 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 development.

[2]

Detailed information needed to determine compliance with § 118-22F, Storage, and § 118-23, Development which may endanger human life, including:

[a]

The amount, location and purpose of any dangerous materials or substances which are intended to be used produced, stored or otherwise maintained on site.

[b]

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 118-23 during a one-hundred-year flood.

[3]

The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."

[4]

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 118-8 Review by County Conservation District.

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 Zoning Officer and the Building Code Official to the Centre County Conservation District for review and comment prior to the issuance of any zoning permit or building permit. The recommendations of the Conservation District shall be considered by the Zoning Officer and the Building Code Official for possible incorporation into the proposed plan.

§ 118-9 Review of application by others.

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 Zoning Officer to other appropriate agencies and/or individuals at minimum: the municipal and regional planning commission for review and comment; Municipal Engineer, for approval. The Board of Supervisors may hold a public hearing(s) regarding the proposal and may require permit by conditional use only.

§ 118-10 Changes.

After the issuance of a zoning permit by the Zoning Officer and a building permit by the Building Code 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 Township.

Requests. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Township for consideration.

§ 118-11 Placards.

In addition to the zoning permit and building permit, the Zoning Officer and the Building Code Official shall issue a placard(s) which shall be displayed on the premises during the time construction is in progress.

This placard shall show the number of the zoning permit and building permit and the date of its issuance and shall be signed by the Zoning Officer and/or the Building Code Official.

§ 118-12 Start of construction.

Work on the proposed construction and/or development shall begin within three months and shall be completed within 12 months after the date of issuance of the zoning permit and/or the building permit or the permit shall expire unless a time extension is granted, in writing.

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.

Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause to approve such a request.

§ 118-13 Inspection and revocation.

During the construction period, the Zoning Officer and the Building Code Official or any other authorized official shall 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. He shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of his duties, the Zoning Officer and the Building Code Official 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.

In the event the Zoning Officer and the Building Code Official 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 Zoning Officer and the Building Code Official shall revoke the zoning and building permit and report such fact to the Board of Supervisors for whatever action the Township considers necessary.

A record of all such inspections and violations of this chapter shall be maintained.

The requirements of 34 Pa. Code Chapters 401 to 405 and the IBC (Sections 109.3.3, 1612.5.1, 104.7 and 103.8[1]) and the 2003 IRC (R106.1.3, R109.1.3 and R104.7) or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.

[1]

Editor's Note: The 2003, 2006 and 2009 versions of the IBC do not include a Section 103.8.

§ 118-14 Fees.

Applications for a zoning permit or a building permit shall be accompanied by a fee, payable to the municipality or the Code Administration Office at the following rates:

As described and listed in the Schedule of Fees of the municipality adopted by resolution of the Township of Halfmoon.

§ 118-15 Enforcement; violations and penalties.

Notices. Whenever the Zoning Officer, Building Code Official, Municipal Engineer 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, they shall give notice of such alleged violation as hereinafter provided. Such notice shall:

(1)

Be in writing;

(2)

Include a statement of the reasons for its issuance;

(3)

Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;

(4)

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 commonwealth;

(5)

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

Penalties.

(1)

Violations or citation issued by the Building Code Official.

(a)

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 of direction of the Building Code Official or any other authorized employee of the municipality (in a code enforcement capacity) shall be guilty of a summary offense and, upon conviction, shall pay a fine to Township of Halfmoon of not less than $25 nor more than $600 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 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 noncompliances within a reasonable time.

(b)

Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by the Township of Halfmoon to be a public nuisance and abatable as such.

(2)

Violations or civil citation issued by the Zoning Officer or Municipal Engineer.

(a)

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 of direction of the Zoning Officer or the Municipal Engineer or any other authorized employee of the municipality shall be guilty of a civil offense and, upon conviction, shall pay a civil fine to Township of Halfmoon of not less than $500 plus costs of prosecution. 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.

(b)

(c)

Any notice of violation issued by the Zoning Officer or the Municipal Engineer: 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 of direction of the Zoning Officer or the Municipal Engineer or any other authorized employee of the municipality shall be give notice that they have the right to appeal as provided for under § 118-16 of this chapter, within 30 days of receiving such notice. Such appeal 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 until such appeal has been adjudicated by the Zoning Hearing Board or a court of competent jurisdiction.

§ 118-16 Appeals.

Any person aggrieved by any action or decision of the Building Code Official concerning the administration of the provisions of this chapter may appeal to the Centre Region Building and Housing Code Board of Appeals.

(1)

Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Code Official.

(2)

Upon receipt of such appeal the Centre Region Building and Housing Code Board of Appeals shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal.

(3)

Notice of the time and place at which the appeal will be considered shall be given to all parties.

(4)

Any person aggrieved by any decision of the Centre Region Building and Housing Code Board of Appeals may seek relief therefrom by appeal to the Court of Common Pleas, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act.[1]

[1]

Editor's Note: See 32 P.S. § 679.101 et seq.

Any person aggrieved by any action or decision of the Zoning Officer or the Municipal Engineer concerning the administration of the provisions of this chapter may appeal to the Halfmoon Township Zoning Hearing Board as provided for in Article XVII of Chapter 255, Zoning, of the Code of the Township of Halfmoon.

(1)

Any person aggrieved by any decision of the Halfmoon Township Zoning Hearing Board may seek relief therefrom by appeal to the Court of Common Pleas, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act.[2]

[2]

Editor's Note: See 32 P.S. § 679.101 et seq.