[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna 6-14-2004 by Ord. No. 163. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Mount Gretna
Construction Code Ordinance," and may be referred to herein as "the
code," and hereby amends the applicable Code of ordinances of the
municipality.
The purpose of this chapter is to promote the general health,
safety and welfare of the residents of Mount Gretna, to conform to
the requirements of the Pennsylvania Uniform Construction Code Act,
to comply with the regulations issued by the Pennsylvania Department
of Labor and Industry within the Pennsylvania Uniform Construction
Code (UCC), including all standards, codes and other information incorporated
herein and to adopt administrative and enforcement regulations.
Mount Gretna Borough (hereinafter sometimes referred to as "municipality")
hereby adopts and incorporated by reference the Pennsylvania Uniform
Construction Code, as contained in 34 Pa. Code, Chapters 401 through
405 and amendments thereto, and declares this to be the Mount Gretna
Construction Code Ordinance, referred to herein as "the code."
The code and regulations shall control all matters concerning
the construction, alteration, addition, repair, removal, demolition,
location, occupancy and maintenance of all buildings and structures
and shall apply to existing or proposed structures, unless exempted
by the Pennsylvania Uniform Construction Code (UCC). All other ordinances
of the municipality which are more stringent shall apply. It shall
be the joint responsibility of the owner, lessee, if any, and the
contractor to obtain the required code permit before performing any
work.
The municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act 45 of 1999, 35
P.S. § 7210.101 through 7210.1103, as amended from time
to time, and its regulations.
A.
Administration.
(1)
Administration and enforcement of the code within the municipality
shall be undertaken in any of the following ways as determined by
the governing body of this municipality from time to time by resolution.
(a)
By the designation of an employee of the municipality to serve
as the municipal code official to act on behalf of the municipality;
(b)
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the municipality;
(c)
By agreement with one or more other municipalities for the joint
administration and enforcement of this chapter through an intermunicipal
agreement;
(d)
By entering into a contract with another municipality for the
administration and enforcement with this chapter on behalf of this
municipality;
(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.
(2)
For purposes of this chapter, the term "Building Code Official" shall
include all employees and contracted agents of the Borough of Mount
Gretna who are Building Code Officials, Code Administrators, Construction
Code Officials, current Code Administrators or individuals similarly
licensed and/or certified by the State of Pennsylvania to perform
code work.
(3)
The Building Code Official shall have all the powers and duties set
forth in the Pennsylvania Uniform Construction Code (UCC), this chapter,
the contract with the County of Lebanon and the Pennsylvania Department
of Labor and Industry Regulations. Specifically, in addition to such
other powers and duties provided, the Building Code Official shall
be authorized to receive code permit applications; issue or deny code
permits; collect fees for permits, plan reviews and inspections; make
inspections and require such work to be performed as may be necessary
to carry out the provisions of the code; issue certificates of occupancy;
and enter buildings and premises within normal business hours or at
other times with permission of the owner or contractor. Additionally,
the Building Code Official may perform code enforcement activities
including, but not limited to, issuance of notices of violation, stop-work
orders, vacate orders or other legal action necessary to enforce,
restrain, abate or correct violations of the code.
(4)
The application for a code permit shall be on forms provided by the
Building Code Official. At the time of code permit application and
prior to issuance of a code permit, the applicant shall submit to
the Building Code Official two sets of construction documents with
plans and specifications, all required fees, and a copy of any required
zoning permit. No code permit application shall be deemed complete
without the required construction plans, fees, zoning permit copy
and other required approvals. Additionally, the applicant shall pay
all outstanding permit and inspection fees required during the course
of construction prior to the issuance of a certificate of use and
occupancy.
(5)
The application, plan review, permit and inspections fees shall be
paid by each applicant in accordance with the fee schedule established
by resolution of this municipality and maintained by the Building
Code Official.
(6)
A Board of Appeals shall be established by resolution of the governing
body of this municipality 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.
(7)
All building code ordinances or portions of ordinances which were
adopted by this municipality 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.
(8)
All building code ordinances or portion of ordinances which are in
effect as of the effective date of this chapter and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
(9)
All relevant ordinances, regulations and policies of this municipality
note governed by the code shall remain in full force and effect.
B.
Violations and penalties.
(1)
It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, remove, demolish, use or occupy
any building, structure or equipment regulated by this code, or to
permit or cause same to be done, in conflict with or in violation
of this code, and in violation of the regulations adopted hereunder.
(2)
The Building Code Official may serve and enforce a notice of violation,
stop-work order, vacate order or other lawful enforcement notice on
any person responsible for the erection, construction, alteration,
extension, repair, removal, demolition, use or occupy a building,
structure or equipment in violation of the provisions of this code
or any permit issued under the provisions of this code.
(3)
If the Building Code Official has served a notice of violation and
the notice of violation is not complied with by the deadline prescribed,
summary enforcement proceedings may be initiated by the Building Code
Official against the violator. Additionally, appropriate proceedings
at law or in equity may be instituted by this municipality and/or
the Building Code Official to restrain, correct or abate a violation,
to prevent unlawful construction or to prevent illegal occupancy of
a building, structure or premises.
(4)
Any person who shall violate a provision of this code or the regulations
adopted hereunder or who shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter, extend, repair, remove,
demolish, use or occupy, or permit the use or occupancy of, any building,
structure or equipment regulated by this code in violation of the
provisions of this code or of an approved plan or of a directive of
the Building Code Official or of a permit or certificate issued under
the provision of this code or who shall permit the use, occupancy,
erection, construction, alteration, extension, removal, demolition
or repair of the building, structure or equipment in violation thereof,
shall, upon being found guilty in a summary enforcement proceeding
commenced by this municipality or its appointed Building Code Official,
pay a penalty of not less than $400 and not more than $1,000 for each
violation plus all costs of prosecution, which fines or penalties
may be collected as provided by law. Upon judgment against any person
by summary conviction, or by proceedings by summons on default of
the payment of the fine or penalty imposed and the costs, the defendant
may be sentenced for a period not exceeding 30 days. Each day that
a violation continues shall be deemed a separate offense, and each
section of the code which is violated shall be deemed a separate offense.
The Building Code Official may request the Police Department to make
arrests for any offense against the code or orders of the Building
Code Official affecting the immediate safety of the public.[1]
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this chapter and the code shall
be established by the governing body by resolution from time to time.
A.
With the Borough of Mount Gretna being essentially a wooded community
with constant danger of fire spreading, only single- or one-family
detached residence shall be erected within the Borough of Mount Gretna
except in the area north of Pennsylvania Avenue.
B.
With the Borough of Mount Gretna being essentially a wooded community
with constant danger of fire spreading, no structure shall be built
closer to a side division property line than 12 feet, and no closer
than 15 feet from the front division line, and no closer than 10 feet
from the rear division line and be covered with siding, shingles or
masonry approved according to recognized standards, and under no circumstances
shall the height exceed 2 1/2 stories.
C.
With the Borough of Mount Gretna being essentially a wooded community
with constant danger of fire spreading, no new structure shall be
erected on any land less than 80 feet wide and 60 feet in depth.
D.
With the Borough of Mount Gretna being essentially a wooded community
with the constant danger of fire spreading, no tent, shack, trailer,
mobile home, recreational vehicle, or other similar structure may
at any time be placed, erected or used for human habitation within
the Borough of Mount Gretna.
E.
Garages or out buildings on the rear of lots may be constructed but
must comply with the same rules as set forth for dwellings, alterations
or improvements as set forth herein.
F.
With the Borough of Mount Gretna being essentially a wooded community
with constant danger of fire spreading, no fences or dog pounds of
any kind shall be permitted on any property within said Borough of
Mount Gretna.
G.
During construction on any lot or the removal of trees on any lot
within the Borough of Mount Gretna, the landowner shall provide for
erosion and sediment control as directed by the Mount Gretna Borough
Director of Public Works, to prevent erosion, sediment, and/or stormwater
runoff during and after construction or removal of trees.
[Added 3-14-2016 by Ord.
No. 203]
H.
A homeowner shall set forth upon a plot plan, at the time of application
for any building permit, the proposed location of any structure(s)
to be constructed, trees which will be removed in the footprint of
the structure(s), trees to be removed as a result of the construction,
and a plan to replant trees in the construction zone after the completion
of the building.
[Added 3-14-2016 by Ord.
No. 203]
I.
Construction
or repair of buildings. The erection, excavation, demolition or alteration
or repair of any building other than between the hours of 7:00 a.m.
and 7:00 p.m., Monday through Saturday, excluding national holidays,
from September 16 until the day before Memorial Day, and from 8:00
a.m. until 5:00 p.m. from Memorial Day until September 15, is hereby
prohibited.
[Added 11-13-2017 by Ord.
No. 209; amended 11-11-2019 by Ord. No. 217]
