[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-14-1994 by Ord. No. 1994-2]
[Amended 2-13-2006 by Ord. No. 2006-03; 1-22-2007 by Ord. No.
2007-1]
A certain document, three copies of which are on file in the office of the Township Manager of the Township of Newtown, being marked and designated as the 2006 Edition of the International Building Code, as published by the International Code Council, be and is hereby adopted as the Building Code of the Township of Newtown in the Commonwealth of Pennsylvania for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 69-5 and § 69-6 of this article.
No building permits shall be issued for any building, the plans
for which must be approved by the Commonwealth Department of Labor
and Industry, until such time as the approval of the Commonwealth
Department of Labor and Industry to such plans has been given. Plans
approved by the Commonwealth Department of Labor and Industry must
be submitted for all buildings requiring such approval as part of
the application for a building permit.
[Amended 2-13-2006 by Ord. No. 2006-04]
Certificates of use and occupancy for the transfer of a residential
property shall be issued in accordance with the following procedures:
A.
Application. Applications for a certificate of use and occupancy
shall be filed with the Code Department by the seller of the property
not later than the date of execution of an agreement for sale between
the buyer and seller. Applications shall contain such information
as the Township may require. A fee in the amount of $75 shall accompany
the residential application, and a fee of $125 for a commercial or
industrial application.
B.
Inspection.
(1)
Upon receipt of a completed application, the Code Department shall,
within five business days, conduct an inspection of the property to
determine compliance with the following Township standards:
(a)
Display of house numbers, which shall be:
[1]
Clearly visible from the street on which the number is assigned.
[2]
At least four inches high and 2 1/2 inches wide with Scotchlite
reflective material.
[3]
Of a color which contrasts with their background.
[4]
Displayed in such a way as to avoid confusion regarding which
building or unit is being identified.
(b)
Maintenance of public sidewalks and curbs and/or gutters in accordance with Article I of Chapter 145, Street and Sidewalks, § 145-4, of the Code of the Township of Newtown. Sidewalks and curbs which abut the property shall be kept in good repair and in a safe condition for public use. Sidewalks and curbs with a horizontal crack or a difference in elevation shall be replaced upon the issuance of a permit by the Township Engineer or Code Enforcement Officer.
(2)
If a violation is determined during the inspection, the seller shall
be mailed a notice within three business days of the inspection, which
shall clearly describe the violation and remedial action for compliance.
C.
Reinspection. Upon correction of any violation or violations, the
applicant shall notify the Code Department, in writing, for a reinspection,
which shall be conducted within five business days from receipt of
this letter.
(1)
Where it is determined by the Township that, due to unique circumstances
or weather conditions, sidewalks cannot be replaced or repaired to
comply with Township standards, or house numbers cannot be installed,
the Township shall establish a dollar value to complete the work necessary
to comply with the terms of this chapter, which shall be escrowed
by the seller with the Township of Newtown on behalf of the buyer.
D.
Certification statement. Prior to the issuance of a certificate of
use and occupancy, the Township shall be in receipt of a notarized
statement, signed by the sellers and purchasers, which shall certify
compliance with the following provisions of the Township Code:
(1)
That operating smoke detectors or a smoke-detection system is located
within the immediate vicinity of all bedrooms and on every level of
the building in compliance with the IBC Property Maintenance Code
as adopted by the Board of Supervisors.
(2)
That all sump pump(s) or other devices which discharge drainage resulting from rainwater, springs, wells, or other groundwater have been disconnected from the sanitary sewer system in accordance with Chapter 121 of the Township Code.
(3)
The certification statement shall be on forms provided by the Township
and shall contain such information as the Township may require.
E.
Upon determining that the property complies with the full provisions
of this article, a certificate of occupancy shall be issued by the
Director. Such certificate shall be valid for a period of 12 months
from the date of issuance.
F.
Any building, residential or commercial, hereafter erected, transferred,
or altered as to occupancy shall not be occupied until a certificate
of occupancy has been issued therefor by Newtown Township, signed
by the Building Official, Fire Marshal, Plumbing Inspector and Zoning
Officer. It shall be the responsibility of the owner, builder, or
seller to secure such certificate of occupancy from the Township before
permitting the building to be occupied. If the owner, builder, or
seller proposes to convey title to the building to a new owner, it
shall be the responsibility of the owner, seller, or builder conveying
title to secure such certificate of occupancy before permitting the
conveyance to be consummated. The Township shall keep a record of
all certificates issued and shall charge a fee for certificates for
each individual dwelling or dwelling unit and a fee for certificates
for all other buildings or parts thereof. Should any owner, seller,
or builder of a building permit the occupancy of the same prior to
the issuance of a certificate of occupancy for such building or should
any owner or builder permit the occupancy of one or more units within
a building prior to the issuance of the certificate of occupancy for
such building or units, each such occupation shall constitutes a separate
violation of this Building Code. Whenever such owner, seller, or builder
has been officially notified by the Building Official, Zoning Officer
or any other official of Newtown Township or by service of a summons
in a prosecution or in any other official manner of a violation of
this section, each day thereafter that such violation continues shall
constitute a new and separate offense punishable by fine or penalty
as provided in this Building Code.
Driveways and parking lots shall be constructed in accordance
with the applicable sections of the Pennsylvania Department of Transportation
(PennDOT) Form 408, Specifications, as amended to date. All material
thicknesses shall be thicknesses after compaction of materials. Construction
methods other than those listed below may be allowed if permitted
under PennDOT Form 408, Specifications, and approved by the Township
Engineer.
A.
Apartments and offices; driveway and parking areas.
(1)
Subbase shall consist of the preparation of the surface of the graded
roadway as per Section 3.7, Form 408, Pennsylvania Highway Specifications.
(2)
The compacted finished base course shall consist of a six-inch thickness
of crushed aggregate or 3A modified stone rolled and compacted with
a ten-ton roller or other approved attainable compaction equipment.
(3)
Bituminous surface course shall consist of two courses, a one-inch
binder course and a one-inch wearing course, constructed of ID-2 bituminous
material, with each course being rolled and compacted as approved
by the Township Engineer.
B.
Shopping center and other commercial construction.
(1)
Surface drives and through drives.
(a)
Subbase shall consist of the preparation of the surface of the
graded roadway as per Section 3.7, Form 408, Pennsylvania Highway
Specifications.
(b)
The compacted finished base course shall consist of eight inches
of No. 3 crushed stone or slag rolled and compacted with a ten-ton
roller or other approved attainable compaction. After final compacted
thickness of base course has been obtained, it shall be choked by
application of No. 1 screenings such as to fill all voids and ensure
smooth, hard monolithic surface.
(c)
The bituminous surface course shall consist of two courses,
a 1 1/2 inch binder course and a one-inch wearing course, constructed
of ID-2 bituminous material, with each course being rolled and compacted
with a ten-ton roller or other approved attainable compaction equipment.
(2)
Parking areas.
(a)
Subbase shall consist of the preparation of the surface of the
graded roadway as per Section 3.7, Form 408, Pennsylvania Highway
Specifications.
(b)
The compacted finished base course shall consist of six inches
of No. 3 crushed stone or slag rolled and compacted with a ten-ton
roller or other approved attainable compaction equipment. After final
compacted thickness of base course, it shall be choked by application
of No. 1 screenings such as to fill voids and ensure a smooth, hard
and monolithic surface.
(c)
The bituminous surface course shall consist of two courses,
a one-inch binder course and a one-inch wearing course, constructed
of ID-2 bituminous material, with each course being rolled and compacted
with a ten-ton roller or other approved attainable compaction equipment.
[Amended 12-27-2001 by Ord. No. 2001-6]
A.
Purpose. The Board of Supervisors finds it in the best interest of
the residents of Newtown Township, Delaware County, Pennsylvania,
that persons or firms who engage in construction, repairs, remodeling,
rehabilitation or demolition, and operating as general contractors,
and including, but not limited to mechanical contractors, electrical
contractors, plumbing contractors, fire prevention contractors, specialty
contractors, home improvement contractors, elevator contractors, grading
contractors, roofing contractors, painting contractors, paperhanging
contractors, tree surgeons, or landscapers, who may be prime contractors
or subcontractors shall be required to obtain a license from the Township
for such purpose, to the end that only responsible and qualified persons
shall be permitted to engage in such business in said Township of
Newtown.
B.
Compliance with regulations. No person or firm may engage in or transact
any construction, building repairs, remodeling, rehabilitation or
demolition business, or hold themselves out to the public as doing
such business or solicit such business, in the Township of Newtown,
Pennsylvania, except in compliance with the applicable provisions
of this section. No person or firm may engage in this Township in
any trade or practice or other act prohibited by any provision of
this section, and any person or firm who willfully participates in
a prohibited act or violation is subject to the criminal penalty therefor.
The provisions of this section may not be waived by agreement.
C.
License limitations; nonapplicability.
(1)
A license issued pursuant to this section may not be construed to
authorize the licensee to perform any particular type of work or kind
of business which is reserved to qualified licensees under other provisions
of state or local law, nor shall any license or authority other than
as issued or permitted pursuant to this section authorize engaging
in construction, building repairs, remodeling, rehabilitation, demolition
or home improvement business in the Township of Newtown.
(2)
This section shall not apply to the official transaction of an authorized
representative of the United States of America or any instrumentality
thereof, or of any state, the District of Colombia, territory of the
United States or any city or county thereof or of any instrumentality
of a state or political subdivision thereof.
D.
CODE ENFORCEMENT OFFICER
CONTRACT
CONTRACTOR
OWNER
PERSON
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
Whenever the terms "Building Inspector" or "Assistant Building
Inspector" appear in this chapter, it shall be and mean the duly appointed
Code Enforcement Officer or his assistant, or deputy, of the Township
of Newtown, said terms being synonymous.
An agreement, whether oral or written or contained in one
or more documents, between a contractor and an owner for the performance
of work, including all labor, services and materials to be furnished
and performed thereunder.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to work, whether or not such person is licensed
or subject to the licensing requirements of this section and whether
or not such person is a prime contractor or subcontractor with respect
to the owner.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, subcontractor, specialty
contractor or home improvement contractor, or the person entitled
to the work of such pursuant to a contract.
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman or other legal entity.
E.
Administration and enforcement; certificate of insurance.
(1)
It is the duty of the Building Inspector or Assistant Building Inspector to administer and provide for the enforcement of all the provisions of this section and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with provisions of this section, and to refuse licenses to or suspend or revoke licenses issued to persons who do not so quality or so comply. The Township Building Inspector or Assistant is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by Subsection I(2), and the license fee having been paid.
(2)
A certificate of insurance acceptable to the Building Inspector shall
be filed with the Township prior to the issuance of a license. These
certificates shall contain a provision that coverage afforded under
the policy will not be cancelled until at least 15 days prior to written
notice having been given the Township of Newtown.
F.
License fee. No license shall be issued or become effective until the applicant pays the required fee, payable to the Township of Newtown as follows: All contractors as provided for in Subsection A and who are in good standing may be issued an annual license on a calendar year basis beginning January 1 of each year upon application and the payment of a fee of $50. An abatement of said fee shall be made on September 1 for the balance of the calendar year at the rate of $25.
G.
License required. Except as otherwise specifically exempted by the
provisions of this section, no person shall act in the capacity of
general contractor, subcontractor, specialty contractor or home improvement
contractor unless authorized to do so by an existing license issued
in accordance with the provisions of this section.
H.
Exceptions to license requirements. No contractor's license shall
be required of any person when acting in the particular capacity or
particular type of transaction set forth in this section:
(1)
An individual who performs labor or services for a contractor for
wages or salary.
(2)
Any person who is required by state or local law to attain standards
of competency or experience as a prerequisite to engaging in such
craft or profession, and who is acting exclusively within the scope
of the craft or profession for which he is currently licensed pursuant
to such other law.
I.
Issuance, refusal and renewal of licenses; insurance.
(1)
When an application has been filed with the Building Inspector or
Assistant Building Inspector, in proper form, he must, within a period
of 30 days from the date following the date the application is received,
issue or refuse the appropriate contractor's license to the applicant.
If an application for a license is refused, the applicant shall be
sent a written statement setting forth the reason for the refusal
to grant the license.
(2)
An applicant for any license required by the provisions of this section
shall file a written application on a form supplied by the Township,
which shall be signed and under oath. The application shall require
(among other items) the names of owners, partners, directors and officers
of the applicant, and the business addresses and trade names of the
applicant, together with a certificate of insurance written for not
less than any limit of coverage specified under this section. The
contractor shall take out and maintain at his own expense, during
the life of the license, public liability, property damage, products
liability and completed operations insurance. Said applicant must
provide a current certificate of insurance to the Township written
for a minimum policy of $500,000 combined single limits covering said
requirement.
(3)
Every contractor licensee shall within 10 days after a change in
control of ownership or management, or change of address or trade
name, notify the Building Inspector of such changes.
(4)
Licenses of all contractors shall expire on December 31 following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee, as prescribed by Subsection F, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as the Board revoked or suspended the license.
J.
Standard for license issuance or continuance. For the protection
of the people of this Township, no license shall be issued or continued
if already issued, where:
K.
Grounds for refusal, revocation or suspension of license.
(1)
The Building Inspector shall have the power, upon approval of the
board of Supervisors, to refuse, suspend or revoke any licenses issued
under the provisions of this section where the Building Inspector
or Board of Supervisors finds that the licensee has violated any provisions
of this section or is performing or attempting to perform any act
prohibited by this section, or violates the Township of Newtown Building
Code.
(2)
A violation of any condition of a permit shall be cause for suspension
or revocation of the license.
(3)
Any violation of any of the provisions of this section upon the part
of any director, manager, partner, officer, salesman, agent or employee
of a contractor shall be cause for suspension or revocation of the
license of the contractor unless it shall appear to the satisfaction
of the Board of Supervisors and Building Inspector that the individuals
engaged in the management of the contractor:
L.
Hearing.
(1)
The Board shall suspend or revoke any license or authority to do
business only after a hearing. At least 10 days prior to the date
set for the hearing, the Building Inspector shall notify the licensee
in writing of any change made, and afford said licensee an opportunity
to be heard in person and by counsel in reference thereto. Such written
notice shall be served by delivery of the same to the licensee by
certified mail to the business address of such licensee of record
with the Board. The hearing on such changes shall be at such time
and place as the Board of Supervisors shall prescribe.
(2)
If the Board of Supervisors shall determine that any licensee is
guilty of any violation of any of the provisions of this section,
the authority of the licensee to do business may be revoked or suspended
for such period of time as shall be determined by the Board of Supervisors.
(3)
If a license is refused, the applicant may, within 10 days from the
date the notice of refusal is mailed, request a hearing. Said hearing
must be held within 30 days from the date of the request, and the
Board of Supervisors must render its decision within 20 days following
the hearing.
M.
Prohibited acts.
(1)
The following acts are prohibited:
(a)
Abandonment or willful failure to perform, without justification,
any contract or project engaged in or undertaken by a contractor,
or willful deviation from or disregard of plans or specifications
in any material respect without obtaining the consent of the owner
in writing and without providing the Township building officials notification
of such changes.
(b)
Making any substantial misrepresentation in the procurement
of a contract, or making any false promise of character likely to
influence, persuade or induce.
(c)
Any fraud in the execution of, or in the material alteration
of any contract, mortgage, promissory note or other document incident
to a contractual transaction.
(d)
Preparing or accepting any mortgage, promissory note or other
evidence of indebtedness upon the obligation of a contractual transaction
with knowledge that it received a greater monetary obligation than
the consideration for the work to be performed, which consideration
may be a time-sale price.
(e)
Directly or indirectly publishing any advertisement relating
to work or services which continue an assertion, representation or
statement of fact which is false, deceptive or misleading, provided
that any advertisement which is subject to and complies with the then
existing rules, regulations or guides of the Federal Trade Commission
shall not be deemed false, deceptive or misleading; or by any means
advertising or purporting to offer the general public any work or
service with the intent not to accept contracts for the particular
work or at the price which is advertised or offered to the public.
(f)
Willful or deliberate disregard and violation of the building
laws of this state or this Township, or of the safety of labor or
workmen's compensation insurance laws of this state.
(g)
Doing any business with or through any person who is subject
to the licensing requirements of this section with the knowledge that
such person is not licensed as required.
(h)
Misrepresentation of a material fact by an applicant in obtaining
a license.
(i)
Willful failure to notify the Board of any change of control
in ownership, management or business name or location.
(j)
Conducting a business in any name other than the one in which
the contractor or salesman is licensed.
(k)
Willful failure to comply with any order, demand or requirement
lawfully made by the Board of Supervisors under and within the authority
of this section.
(2)
Violations of any of the prohibitions of this section shall subject
any violator, to whom the licensing provisions of this section apply,
to the administrative sanctions of this section and to criminal prosecution.
N.
Doing business without a license. Any person who shall knowingly
and willfully engage in building construction, repairs, remodeling,
rehabilitation or demolition without obtaining a license as required
by this section, and who is not otherwise exempted from said licensing
requirements, and any person who continues in business as a contractor
after revocation or during suspension, shall be punished by a fine
not exceeding $1,000 for each separate violation, and in default of
payment thereof be imprisoned for a term not exceeding 30 days.
O.
(Reserved)
P.
Severability. If any provision of this section or the application
thereof to any person or circumstance is held invalid for any reason,
such invalidity shall not affect the other provisions or any other
application of this section which can be given effect without the
invalid provisions or application; and to this end, all provisions
of this section are declared to be severable.
The following sections of the BOCA National Building Code, Twelfth
Edition, 1993, are hereby revised as follows:
A.
Section 101.1 (Title). Insert "Township of Newtown."
B.
Section 108.2, Suspension of permit, is amended to read as follows:
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108.2 Suspension of permit: Any permit issued shall
become invalid if the authorized work is not commenced within six
months from the issuance of the permit or if the authorized work is
suspended or abandoned for a period of six months from the time the
work commences or if all work is not completed within a period of
two years after commencing the work. If a permit becomes invalid,
a new permit must be obtained for any work.
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C.
Section 112.3.1, Fee schedule, is amended to read as follows:
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112.3.1 Fee schedule: The fees to be charged by
the Township of Newtown shall be specified by the Board of Supervisors
from time to time by resolution in applying the provisions of this
code. The value of the work shall be determined by the Building Official
on the basis of estimated current costs.
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D.
Sections 112.4, Accounting, is amended to read as follows:
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112.4 Accounting: The Township Manager or his designee
shall keep an accurate account of all fees collected; and such fees
collected shall be deposited in a timely manner in the appropriate
Township account.
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E.
Section 116.4, Violation penalties, is amended to read as follows:
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116.4 Violation penalties: It shall be unlawful
for any person to erect, use, occupy or maintain any building or structure
in violation of any provision of this code or to cause, permit or
suffer any such violations to be committed. For any and every violation
of the provisions of this Building Code, the owner, general agent
or contractor of a building or premises where such violation has been
committed or exists and the lessee or tenants of the entire building
or entire premises where such violation has been committed or exists
and the general agent, architect, builder, contractor or any other
person who knowingly commits, takes part or assists in any such violation
shall be liable, on conviction thereof, to a fine or penalty of not
less than $75 nor more than $300 for each and every offense. Whenever
such person has been officially notified by the Building Inspector
or by any other official of the Township or by service of a summons
in a prosecution or in any other official manner that he is committing
a violation of this Building Code, each day that he continues such
violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall
be collected as like fines or penalties are now collected by law.
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F.
Section 117.2, Unlawful continuance, is amended to read as follows:
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117.2 Unlawful continuance: Any person who continues
any work in or about the structure after having been served with a
stop-work order, except such work as he is directed to perform to
remove a violation or unsafe conditions, shall be liable to a fine
of not more than $300.
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G.
Section 121.2, Membership of board, is amended to read as follows:
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121.2 Membership of board: The Board of Supervisors
of the Township shall act as the Board of Appeals.
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H.
Section 914.2, Where required, is amended to read as follows:
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914.2 Where required: Standpipe systems shall be
installed where required by this code and in the locations indicated
in Sections 914.2.3 and 914.2.4.
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I.
In Section 3407, Historic Buildings, add a new Subsection 3407.3
to provide as follows:
[Added 2-28-2022 by Ord.
No. 2022-01[1]]
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§ 3407.3 Special Requirements for Building Permits - Historic Resources: The following special requirements shall apply to a building permit to demolish a building, structure, or site listed on the Newtown Township Historic Resource Inventory, Chapter A177. Terms set forth herein shall be defined in Chapters 93 and 172.
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1.
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Applicability of Special Requirements.
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a.
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No historic resource on the Historic Resource Inventory, Chapter A177, of the Township of Newtown Code, may be demolished, in whole or in part for whatever purpose, nor shall there be the removal, stripping, concealing or destruction of any significant architectural features of an historic resource, for whatever purpose, including but not limited to for new construction or reconstruction, unless a building permit therefor is obtained from the Code Enforcement Officer in accordance with the procedures and requirements of this section.
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b.
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These provisions shall not be construed to prevent the ordinary
maintenance or repair of any historic resource where such work does
not otherwise require a permit and where the purpose and effect of
such work is to correct any deterioration or decay of, or damage to,
a historic resource, to restore same to its condition prior to the
occurrence of such deterioration, decay or damage.
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2.
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Procedure for Obtaining Building Permit - Class II Resource.
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a.
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The applicant shall submit one copy of an application for a building permit to the Code Enforcement Officer in a form acceptable to the Township. If the Code Enforcement Officer determines that the permit request is for the demolition of a building, structure or site listed as a Class II resource on the Historic Resource Inventory, Chapter A177, he shall not issue the building permit and the application shall be forwarded to the Historic Commission.
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b.
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Information to be Provided. In addition to the other requirements
of this section, an applicant seeking a permit to demolish an historic
resource on the Historic Resource Inventory shall provide the following
information:
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i.
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Name and address of the owner of record.
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ii.
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Site plan showing all buildings and structures on the property.
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iii.
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Recent photographs of the resource proposed for demolition (the
applicant may request the Township to secure photographs provided
permission is given to the Township for this purpose).
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iv.
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Reasons for the demolition.
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v.
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Proposed method of demolition.
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vi.
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Intended future use of the site and of the architecturally significant
materials from the demolished resources.
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vii.
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Where applicable, plans showing any proposed new construction
or reconstruction.
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c.
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The applicant or the Code Enforcement Officer shall, within
15 business days from the filing thereof, post notice on the property
indicating that the property owner has applied for a permit to demolish
an historic resource on the property. The notice shall be posted on
each street frontage of the premises with which the notice is concerned
and shall be clearly visible to the public. Posting of a notice shall
not be required in the event of an emergency which is determined by
the Code Enforcement Officer to require immediate action to protect
the health or safety of the public.
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d.
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Review by Historic Commission. Within 45 days of receipt of
a complete application from the Code Enforcement Officer, the Historic
Commission, at a regular or special meeting, shall review the application
for demolition. The applicant will be notified of such meeting at
least 10 days prior to its date and shall have the opportunity to
present the reasons for filing the application. The Historic Commission
shall consider the following:
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1.
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The effect of demolition on the historical significance and
architectural integrity of the resource in question and neighboring
historic resources.
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2.
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Whether the applicant has demonstrated that he has considered
all alternatives to demolition.
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3.
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Economic feasibility of adaptive re-use of the resource proposed
for demolition.
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4.
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Alternatives to demolition of the resource.
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5.
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Whether the resource in its current condition presents a threat
to public safety.
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6.
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Whether the resource has been intentionally neglected.
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7.
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Whether the retention of the historic resource would represent
an unreasonable economic hardship.
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e.
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Where the Historic Commission determines that additional information
is needed from the applicant in order to adequately address the issues
enumerated in Subsection 2d above, request for such information shall
be made in writing to the applicant prior to the expiration of the
initial forty-five-day review period.
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f.
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Historic Commission recommendation. Within 30 days following
conclusion of the meeting and the receipt of the additional requested
information, whichever is later, the Historic Commission shall set
forth its recommendations in a written report to the Board of Supervisors,
which shall include one of the following:
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1.
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Immediate approval. After reviewing the building permit application
with attachments, the Commission:
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i.
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Approval of the permit, as provided under Subsection 2g1, below;
or
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ii.
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Conditional approval subject to the applicant providing appropriate
documentation of the historical significance of the resource(s) prior
to demolition, in the same manner as provided in Subsection 2h2 below.
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2.
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Delay of Demolition. Alternatively, the Historic Commission
may recommend delay of demolition in accordance with Subsection 2h
below.
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g.
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Approval of building permit or delay of demolition by the Board
of Supervisors.
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1.
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Within 30 days after receiving the recommendation from the Historic
Commission, the Board of Supervisors shall consider the application,
together with the recommendations of the Historic Commission, and
vote either to approve the application, approve the application with
changes and/or conditions as agreed to by the applicant, or delaying
demolition for up to 90 days as set forth in Subsection 2h below.
The applicant shall be notified of the meeting of the Board at least
10 days prior to its date, and shall have the opportunity to present
his reasons for filing the application. Within seven days after making
its decision, the Board of Supervisors shall provide written communication
of its decision to the applicant, the Historic Commission, and the
Code Enforcement Officer.
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2.
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Issuance of building permit. Where the Board acts to approve
the application, it shall authorize the Code Enforcement Officer to
issue the permit. Where the approval is granted with conditions attached,
the Code Enforcement Officer shall be authorized to issue the permit
subject to those conditions. At the expiration of the delay period
of up to 90 days, the permit shall be issued.
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h.
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Delay of demolition.
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1.
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The specified period of delay up to 90 days shall be used to
provide an opportunity to engage in discussion with the applicant
about alternatives to demolition of an historic resource; to allow
for appropriate documentation of the resource pursuant to Subsection
2h2 as set forth below. The Historic Commission shall make every effort
to communicate with the applicant to inform him of the historical
importance of the resource, its significance to the Township, and
alternatives to demolition.
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2.
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Documentation of historic resources. When ordering the delay
of demolition, the Board of Supervisors may request the Historic Commission
to provide documentation of the resource proposed for demolition.
Such documentation may include, as available: historical data, surveys,
and other data provided by local, state, and federal historic preservation
organizations and agencies; photographs; floor plans; measured drawings;
archaeological surveys (if appropriate); and any other comparable
form of documentation recommended by the Historic Commission. The
extent of documentation required shall reasonably relate to the architectural
quality and/or historical significance of the resource(s). Where the
Historic Commission determines that additional information is needed
from the applicant in order to adequately address the issues enumerated
above, request for such information shall be made in writing to the
applicant prior to the expiration of the initial thirty-day review
period. The Board of Supervisors may extend the stipulated 90 days
until the applicant has sufficiently satisfied the documentation requirements.
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3.
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Procedure for Obtaining Building Permit - Class I Resource.
The procedure for obtaining a building permit to demolish a Class
I resource shall be the same as that for a Class II resource, except
as follows:
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(a)
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No permit shall be issued for the demolition of a Class I resource
except in cases where the applicant specifically alleges, and after
recommendation by the Historic Commission and a hearing the Board
of Supervisors agrees, that demolition is necessary due to unreasonable
economic hardship. In such cases, the Board of Supervisors may, during
the period of delay, request that the applicant prepare and submit
the basis for this allegation. This may include a financial analysis
to the Board containing some or all of the following information,
as applicable and available:
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(i)
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Amount paid for the property;
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(ii)
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Date of purchase and party from whom purchased, including a
description of the relationship, if any, whether business or familial,
between the owner and the person from whom the property was purchased;
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(iii)
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Assessed value of the land and improvements thereon according
to the most recent assessment;
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(iv)
|
A pro forma financial statement prepared by an accountant or
broker of record;
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(v)
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All appraisals obtained by the owner in connection with his
purchase or financing of the property, or during his ownership of
the property, if any;
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(vi)
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Bona fide offers to sell or rent the property, the price asked,
and offers received, if any;
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(vii)
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Any consideration by the owner as to profitable, adaptive uses
for the property, and any other practical uses; incentives which could
be offered by the Township to preserve the resource; and any input
from local, state, or federal historic preservation and architectural
organizations or agencies;
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(viii)
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Where relevant, written estimates of the cost(s) of restoration
and/or renovation from at least two professional restoration contractors.
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(b)
|
Historical Commission recommendation.
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1.
|
During the period of delay of demolition, the Historic Commission
shall review the application again together with any further documentation
requested by the Board of Supervisors at its next regular meeting.
The Commission may recommend to the Board of Supervisors approval
of the permit or, where the Commission does not believe that the applicant
has proven unreasonable economic hardship or the lack of a reasonable
alternative, recommend denial of the permit. The Commission shall
consider the following in making its recommendation:
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(i.i)
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The effect of demolition on the historical significance and
architectural integrity of the resource in question and neighboring
historic resources;
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(i.ii)
|
Whether the applicant has demonstrated that he has considered
all alternatives to demolition;
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(i.iii)
|
The economic feasibility of adaptive reuse of the resource proposed
for demolition;
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(i.iv)
|
Alternatives to demolition of the resource;
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(i.v)
|
Whether the resource in its current condition presents a threat
to public safety;
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(i.vi)
|
Whether the resource has been intentionally neglected;
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(i.vii)
|
Whether the retention of the resource would represent an unreasonable
economic hardship.
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|
(c)
|
Approval or denial of building permit for Class I resources
after delay of demolition.
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|
(i)
|
At its next regular meeting after receiving the recommendation
from the Historic Commission, or at a special meeting if necessary
to comply with Subsection 3(c)(iii) below, unless an extension of
time has been granted by the applicant, the Board of Supervisors shall
again consider the application, together with the recommendations
of the Historic Commission and any further documentation which had
been requested, and vote either to approve the application or to approve
the application with conditions, or to deny the application.
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(ii)
|
Denial of application. Where the Board acts to deny the application,
a notice of denial shall be sent to the applicant indicating what
changes in the plans and specifications, if any, would be sufficient
to meet the standards of this section.
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(iii)
|
Action by the Board of Supervisors including appropriate notification
to the applicant, shall occur within 60 days of the expiration of
the ninety-day delay period, unless extended by the applicant.
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(d)
|
A decision by the Board of Supervisors to deny the permit or
apply conditions to the permit shall be appealable to the Court of
Common Pleas of Delaware County.
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[1]
Editor's Note: This ordinance also redesignated former Subsection
I as Subsection K.
J.
In Section 3407, Historic Buildings, add a new Subsection 3407.4,
to provide as follows:
[Added 2-28-2022 by Ord.
No. 2022-01]
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3407.4 Enforcement of Special Requirements for Building
Permits for Historic Resources:
|
|
Any person who demolishes a building, structure, or site on the Historic Resource Inventory, Chapter A177 of the Newtown Township Code, in violation of the provisions of Section 3407.3, or in violation of any conditions or requirements specified in a permit issued under Section 3407.3, shall be required to restore the building, structure, or site involved to its appearance prior to the violation, in default of which the Township may perform such restoration and charge the cost thereof together with an administrative fee of 10% as a municipal lien against the property. Such restoration shall be in addition to and not in lieu of any penalty or remedy available under Chapter 69 of the Newtown Township Code or any other applicable Township Code provision or law.
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The following sections of the BOCA National Building Code, Twelfth
Edition, 1993, are hereby deleted:
A.
Section 102.2, Existing structures.
B.
Section 104.3, Organization.
C.
Section 104.4, Deputy.
D.
Section 108.7, Approval of part.
E.
Section 112.3, New construction and alterations.
F.
Section 121.2.1, Qualifications.
G.
Section 121.3, Notice of meeting.
H.
Section 109.0, Temporary structures.
I.
Section 914.2.1, Building height.
J.
Section 914.2.2, Building area.
K.
Section 3102.4.3, Permit exemptions.
L.
Section 3102.13.2, Additional permits.
[Adopted 6-8-1992 by Ord. No. 1992-3]
A.
In order to promote the public health, safety and welfare of the
Township and to provide protection from failure of storage tanks from
causing environmental damage, the Township Building Code and Plumbing
Code are hereby respectively amended to require that a secondary containment
synthetic liner system shall also be installed. Such synthetic liner
system shall conform with all standards of the commonwealth and federal
agencies and shall, if not in conflict with these standards, be equal
to the Petrogard System of MPC Containment Systems, Ltd.
B.
Propane tanks and tanks supplied with a secondary containment system
with a Township-approved interstitial monitoring system shall not
be required to install a synthetic liner.
[Added 6-12-1995 by Ord. No. 1995-5]
Any person, firm or corporation violating any provision of this
article shall, upon conviction, be punishable by a fine not exceeding
$1,000 for each offense, plus costs of prosecution, and, in default
of payment of such fine and costs, shall be imprisoned for a term
not exceeding 30 days.
