[HISTORY: Adopted by the Borough Council of the Borough of
Mount Wolf 11-11-1997 by Ord. No.
1997-02. Amendments noted where applicable.]
A.
Permit required. No structure shall be erected, structurally altered,
improved or repaired without a building permit.
C.
Conformity with code. No building permit shall be issued unless the proposed project is in full conformity with this chapter, Chapter 450, Zoning, and other pertinent provisions of this Code.
D.
Definition. For the purposes of this chapter, "structure" shall mean
any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land, including
but not limited to buildings, fences, walls, pools, signs, antennas
and driveways and other paved areas.
A.
Requirements. Every application for a building permit for the erection
of a new structure or for structural alteration shall contain the
following information and be accompanied by a site development plan
drawn to scale.
(1)
The shape, dimensions, radii, angles and area of the lot.
(2)
The street address and county Tax Map number and parcel number.
(3)
The size and location on the lot of the proposed structure or structural
modification, and of all existing structures on the lot.
(4)
The dimensions of all yards in relation to the subject structure,
and the distances between the subject structure and all other existing
structures on the lot.
(5)
The existing and intended uses of all structures existing and proposed,
the use of the land and the number of dwelling or other units the
structures are designed to accommodate.
(6)
Such topographic and other information with respect to the structures, the lot or neighboring lots as may be necessary to determine that drainage and all other elements of the project will conform to the provisions of this chapter, Chapter 450, Zoning, and other pertinent provisions of this Code.
B.
Survey. Council may require a survey prepared by a licensed engineer
or registered surveyor.
A.
Review by Zoning Officer. Prior to issuance of a building permit,
the Zoning Officer or his duly authorized assistant will review the
application to determine if all other necessary governmental permits
have been obtained, including those required by the Pennsylvania Sewage
Facilities Act, the Water Obstruction Act of 1913[1] and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1344. No building permit
will be issued unless all applicable governmental permits have been
obtained.
[1]
Editor's Note: The Water Obstructions Act of 1913 (P.L. 555,
No. 355), 32 P.S. §§ 681 through 691, was repealed
by Section 27 of the Act of October 23, 1979 (P.L. 204, No. 70), 32
P.S. § 693.27, the Dam Safety and Encroachments Act, 32
P.S. § 693.1 et seq.
B.
C.
Issuance or denial of permit.
(1)
The Zoning Officer shall issue or deny a building permit within 10 days, unless the application is submitted to Council under Subsection B.
(2)
Council shall approve or deny a permit no later than one week after
its next meeting. The Zoning Officer shall issue an approved permit
within two days of approval by Council.
(3)
Denial of a building permit by the Zoning Officer or Council shall
be accompanied by written reasons for the denial.
If a building permit is issued in violation of the provisions of this chapter, Chapter 450, Zoning, or another pertinent provision of this Code, to an applicant who applied for and received the permit in good faith, Council, upon discovery of the error, may:
A.
Waive the violation or violations;
B.
Revoke the permit, in which case the Borough shall reimburse the
applicant for the costs of all work undertaken in good faith pursuant
to the permit, or
C.
With the concurrence of the applicant, modify the permit by attaching
conditions, in which case the Borough may contribute to any added
expenses incurred by the applicant as a result of the conditions.
A.
Non-access. A building permit will not be issued for construction
of a structure on a lot having no access to a street.
B.
Conditional use. A building permit will not be issued for a project which requires conditional use approval by Council unless approval has been given in accordance with the procedures set forth in § 450-23, Conditional uses.
C.
Change after issuance. After issuance of a building permit, no change
may be made to the application or permit or to any plan, specification
or other document submitted with the application without the written
consent of the Zoning Officer.
B.
Extension of time limits. The time limits may be extended by Council,
subject to any zoning or other applicable ordinances which may have
been enacted since the original issuance of the building permit.
C.
Construction shall be considered to have commenced with the placement
of permanent construction of a structure, such as the pouring of slabs
or footings or other work beyond the excavation stage. For a structure
without a basement or poured footings, commencement of construction
includes erection of permanent framing or assembly of the structure
or any part thereof on its pilings or foundation, or the affixing
of any prefabricated structure or manufactured home to its permanent
site. Permanent construction does not include land preparation, land
clearing, grading, filling, excavation, erection of temporary forms,
installation of piling under proposed subsurface footings, or installations
of sewer, gas, water, electrical or other service lines from the street.
Council may require that a survey be prepared by a licensed
engineer or registered surveyor and filed with the Zoning Officer
upon completion of the foundation of a new structure or of an addition
to an existing structure and before first-story framing or wall construction
is begun. The survey must show the exact location of the foundation
with respect to the street and property lines of the lot.
A.
Display of permit. The building permit shall be visibly displayed
on the premises while construction is in progress.
B.
Curb and street grade. Before erecting, altering, moving or removing
a building or other structure the curb and street grade shall be obtained
from the Borough Engineer. Any engineering costs shall be paid by
the building permittee. Any person who changes, removes, damages or
destroys a stake, pin, stone or other mark by which any grade shall
be designated commits a summary offense.
C.
Passageway. During any project a passageway at least four feet wide
shall be kept open along the sidewalk. It shall be provided with a
board or other roof if deemed necessary by Council.
D.
Storage of building materials; temporary structures.
(1)
No building materials shall be stored and no temporary structure
erected on a street without a building permit.
(2)
With a building permit, building materials may be stored and/or a
temporary structure erected immediately in front of the property and,
if the owners shall consent in writing, in front of the adjoining
properties.
(a)
Building materials and temporary structure must not extend toward
the center of the street more than one-third of the distance between
opposite curblines, or 10 feet toward the center of the street, whichever
is less.
(b)
When any portion of the street is occupied by building materials
or a temporary structure, a sufficient number of lights, conspicuously
placed, shall be lighted from dusk to dawn to render the street safe.
(c)
Building materials and temporary structure must not obstruct
the free flow of water in the gutter or along the curb.
(d)
Building materials and temporary structure must not be placed
in the street until necessary, nor may rubbish be permitted to remain
in the street any longer than necessary. The Borough may, at the cost
of the permittee or contractor, remove all rubbish and unnecessary
obstructions after 48 hours' notice.
(e)
Upon completion of the project, the street, curb and sidewalk
shall be restored to their original condition.
E.
Excavations. All cellars, ditches or other excavations must be kept
drained and be protected by sufficient cover, guardrail or fences.
During the construction period, the Zoning Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided in the permit application and with all applicable provisions of this chapter, Chapter 450, Zoning, and other pertinent provisions of this Code. If the Zoning Officer or other authorized official ascertains that the work does not comply with the permit application, a document submitted with the application, or an applicable provision of this chapter, Chapter 450, Zoning, or any other pertinent provision of this Code, or that there has been a false statement or misrepresentation by the applicant or his agent or contractor, the Zoning Officer may revoke the building permit and report the fact to Council for such action as it may consider necessary or desirable.
B.
Approval required. A certificate of occupancy will not be issued
for conditional use of a structure or land which requires conditional
use approval or for land or use which requires site plan approval
unless the conditional use or site plan has been approved.
C.
Time for application. Application for a certificate of occupancy
may not be made until the project has been substantially completed.
Application shall be made on a form provided by the Borough, and,
in the case of a new, structurally-altered or moved structure, shall
be accompanied by an accurate plot plan or survey showing the location
of all structures as built or relocated.
D.
Issuance of certificate of occupancy. If the project and proposed use are in conformity with the provisions of this chapter, Chapter 450, Zoning, and all other applicable codes and ordinances, a certificate of occupancy will be issued within 15 days after receipt of the properly-completed application, or within one week after the next meeting of Council, whichever comes later. If a certificate of occupancy is denied, the reasons for the denial will be provided in writing to the applicant.
E.
Copies of certificates. Copies of certificates of occupancy will
be retained by the Borough. Copies will be provided to interested
persons upon payment of the fee established by resolution of Council.
The following shall apply to projects and uses which are subject
to performance standards:
A.
Normal replacement or addition of equipment or machinery not affecting
the operation or degree or nature of dangerous and objectionable elements
emitted will not be considered to be a change in use.
B.
If continuous or frequent, even though intermittent, violations of
performance standards or other requirements occur after occupancy
for a period of five days without bona fide and immediate corrective
work, the Zoning Officer or Council may suspend or revoke the occupancy
permit, and the operation shall immediately cease until it can be
shown to the satisfaction of the Zoning Officer or Council that it
can be operated in accordance with the performance standards or other
requirements.
C.
The Borough may investigate any alleged violation of performance
standards, and may employ qualified experts in any such investigation.
If a violation is shown to have occurred, the cost of the investigation
shall be paid by the permittee. The Borough may refuse to issue or
reinstate an occupancy permit until the cost of investigation has
been paid by the permittee.
Council, by resolution, shall establish fees for building permits
and such other fees and charges as it shall determine to be necessary
for the administration of this chapter.
