The provisions of this chapter are applicable to the demolition in whole or in part of all structures that are in excess of 12 feet in height or in excess of 120 square feet in total size, and to the demolition in whole or in part of all buildings. For the purposes of this chapter, the terms "structure" and "building" shall have the meanings set forth in Chapter 375, Zoning.
[HISTORY: Adopted by the Board of Supervisors of the Township of East Lampeter 10-6-1997 by Ord. No. 208 (Ch. 4, Part 1, of the 2002 Code of Ordinances). Amendments noted where applicable.]
Prior to the commencement of any demolition activity, the property owner, or the authorized agent of the property owner, shall apply for and secure a demolition permit from the Township Code Official.
[Amended 6-3-2002 by Ord. No. 232]
In addition to such other information as is reasonably required by the Code Official or policy adopted from time to time by resolution of the Board of Supervisors of the Township, the application shall describe, by street address and by Tax Map number, the property involved, shall depict, both in narrative form and with appropriate illustration, the structure or building or portion thereof to be demolished, the proposed dates of commencement of demolition and completion of demolition, the plans for removing the demolished materials, the plans for traffic and pedestrian control in the vicinity of the demolition activities, the plans for securing the area affected by the demolition and the plans for repairing or rehabilitating the area affected by the demolition. The Board of Supervisors may adopt a fee schedule for permit applications.
As part of or in addition to the demolition application, the applicant shall submit to the Code Officer written releases from all utilities having service connections within the building or structure, such as water, electric, gas or sewer services. No permit for demolition shall be issued, except in emergency circumstances, until such written releases are obtained from all such utility companies, stating that their respective service connections and appurtenant equipment had been removed or sealed and plugged in a safe manner.
As part of or in addition to the demolition application, any applicant who is proposing to demolish any building or structure, the height of which, in either case, is greater than 1/2 the distance between the nearest point of the building or structure and the property line of any abutting property, shall submit evidence from all owners of such abutting property, acknowledging receipt of notice of the proposed demolition. No permit for demolition shall be issued, except in emergency circumstances, until written statements are obtained from all such property owners acknowledging receipt of such notice or other acceptable proof of notice is furnished.
During all demolition activities, the lot shall be maintained free from all unsafe or hazardous conditions. The established grade shall be restored and all necessary retaining walls and fences shall be erected in such a manner as to prevent injury or damage to all persons, to adjoining properties and to those persons using adjoining public roads, sidewalks or other rights-of-way.
Unless extended by the Code Officer upon reasonable demonstration of a need for additional time, all demolition activities shall be completed and the established grades of the affected land shall be restored and any necessary retaining walls and fences installed within 30 days after the issuance of the permit.
One or more individuals or entities may be appointed from time to time by resolution of the Board of Supervisors to serve as Code Officer. Until changed by subsequent resolution or ordinance, the Code Officer shall be the Zoning Officer of East Lampeter Township.
[Amended 6-3-2002 by Ord. No. 232]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. In addition, violations of this chapter may be enforced through an action in equity and in any other lawful manner. The Board of Supervisors may delegate enforcement activities to one or more officers or agents as the Township deems qualified for that purpose, either by resolution or by proper Board action on a case by case basis.