[Added 11-11-2009 by Ord. No. 540]
A. Building permits required. Building permits shall be required before
any construction or development is undertaken within any area of the
Borough.
B. Issuance of building permit.
(1)
The Building Code Official 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 and all other
applicable codes and ordinances.
(2)
Prior to the issuance of any zoning permit, 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); 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)
In the case of existing structures, prior to the issuance of
any development/building permit, 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.
(4)
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 Borough and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection Regional Office.
(5)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the Borough prior to any alteration or relocation of any watercourse.
C. 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 may be submitted by the Building
Code Official to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, County Conservation
District, etc.) for review and comment.
D. Changes. After the issuance of a building permit by the Building
Code Official, 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 Code Official. Requests for any such change shall be in writing,
and shall be submitted by the applicant to Building Code Official
for consideration.
E. Placards. In addition to the building permit, the Building Code Official
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 and the date of its issuance and be
signed by the Building Code Official.
F. Start of construction.
(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 Code
Official. 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 a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Building Code Official to approve such a request.
G. Inspection and revocation.
(1)
During the construction period, the Building Code Official or
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.
(2)
In the discharge of his duties, 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.
(3)
In the event 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 Building Code Official shall revoke the building
permit and report such fact to the Council for whatever action it
considers necessary.
(4)
A record of all such inspections and violations of this chapter
shall be maintained.
(5)
The requirements of the 34 Pa. Code Chapters 401 through 405
and the IBC (Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and the
2003 IRC (Sections R106.1.3, 109.1.3 and R104.7) or latest revisions
thereof pertaining to elevation certificates and record retention
shall be considered.
H. Fees. Applications for a building permit shall be accompanied by
a fee, payable to the municipality based upon the estimated cost of
the proposed construction as determined by the Building Code Official
at the following rates:
|
Estimated Cost
|
Fee
|
---|
|
$0 to $200
|
$0
|
|
$201 to $1,000
|
$5
|
|
Each additional $1,000 or part thereof beyond the first $1,000
|
$1
|
I. Enforcement.
(1)
Notices. Whenever the Building Code Official 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
Code Official shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
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;
(e)
Contain an outline of remedial action which, if 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 of direction of the Building Code
Official or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
Borough 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. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this chapter may be declared by the Council to be a public nuisance
and abatable as such.
J. Appeals.
(1)
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 Council. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Building Code Official.
(2)
Upon receipt of such appeal the Council shall set a time and
place, within not less than 10 nor more than 30 days, for the purpose
of considering the appeal. 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 Council may seek
relief therefrom by appeal to court, as provided by the laws of this
commonwealth including the Pennsylvania Flood Plain Management Act.