[Ord. 136, 3/24/1991, Art. II]
East Rockhill Township hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, equipment, fire protection and safety of buildings and structures, including administration, building permits and penalties, the building code known as the "BOCA National Building Code, Eleventh Edition, 1990," save and except such portions as are hereinafter deleted, modified or amended, and the same is hereby adopted and incorporated as fully as if set forth at length herein. From the date on which this Part shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within East Rockhill Township.
[Ord. 136, 3/24/1991, Art. II; as amended by Ord. 149, 4/20/1993, Art. I; and by Ord. 192, 4/18/2000]
1. 
The Building Code hereby adopted is amended as follows:
A. 
"East Rockhill Township" shall be inserted wherever the words "name of municipality" appear in brackets therein. Whenever the term "legal officer" or "legal representative" is used in this Part, it shall be held to mean the East Rockhill Township Solicitor.
B. 
Section 109.1 is hereby amended to read as follows:
§ 109.1. Building Inspector. The Office of Building Inspector is hereby created, and the executive official in charge shall be known as the "Building Inspector."
C. 
Section 109.2 is hereby amended to read as follows:
§ 109.2. Appointment. The Building Inspector shall be appointed by the Board of Supervisors of East Rockhill Township. His appointment shall continue during good behavior and satisfactory service.
D. 
Section 109.4 is hereby amended to read as follows:
§ 109.4. Deputy. During temporary absence or disability of the Building Inspector, the appointing authority shall designate an Acting Building Inspector.
E. 
Section 111.6 is amended to add §§ 111.6.2, 111.6.3 and 111.6.4 as follows:
(1) 
§ 111.6.2. Erosion and Sedimentation Control Plan. An erosion and sedimentation control plan shall be submitted with all applications wherein excavation, placement of fill and/or grading activities are proposed. The plan shall include a construction staging narrative indicating the sequence of earthmoving activities and proposed erosion and sedimentation control procedures. Measures used to control erosion and reduce sedimentation during construction activities shall conform to the standards and specifications of the Bucks County Conservation District. At a minimum, the following measures shall be included where applicable:
(a) 
Stripping of vegetation, regrading or other activities shall be done in a way that will minimize erosion and resulting sedimentation.
(b) 
Cut and fill operations shall be kept to a minimum. Wherever feasible, natural vegetation shall be retained, protected and supplemented.
(c) 
All erosion and sedimentation control measures shall be installed per the approved plan prior to any earthmoving activities.
(d) 
The disturbed earthen area and the duration of exposure shall be kept to a practical minimum but shall not exceed 20 days. All disturbed soils and topsoil stockpile areas shall be stabilized as quickly as possible and, if necessary, seeded with temporary vegetation and mulched. If stockpile areas are located on sloping ground or near waters of the commonwealth, same shall be enclosed with silt fencing.
(e) 
Permanent vegetation shall be installed as soon as practical on all sites.
(f) 
All runoff from project areas shall be collected and diverted to facilities for removal of sediment.
(g) 
Runoff from a project area shall not be discharged into the waters of the commonwealth without means to prevent sedimentation.
(h) 
Sedimentation in the runoff water shall be trapped and filtered until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.
(i) 
Sediment barriers shall be properly installed with silt fencing trenched and hay bales staked.
(j) 
Tire-cleaning areas constructed of PennDOT No. 4 stone and at least 50 feet in length shall provided at each point of access to the lot.
(k) 
During construction activities, necessary measures for dust control must be exercised.
(l) 
It shall be the responsibility of each person, corporation or other entity performing grading and/or building activities to install and maintain erosion and sedimentation controls until the site is stabilized. In the event any mud and/or debris is transported from the site onto a public roadway, the debris shall be removed and the roadway swept and/or washed as deemed necessary by the Township at the owner's expense.
(2) 
§ 111.6.3. Grading Plans. Applications for building permits wherein excavation, placement of fill and/or grading activities are proposed on any residential lot less than 50,000 square feet in area, all nonresidential applications, and all applications for any residential lot where, in the opinion of the Building Inspector, lot features such as slope, soils or other natural features require special consideration of on-lot grading, shall be accompanied by a site plan providing the following information:
(a) 
A plot plan prepared by an engineer or surveyor licensed in the Commonwealth of Pennsylvania showing the proposed and existing topography of the site; all existing improvements to the site; dimensions, first-floor elevations and setbacks from property lines for all existing and proposed buildings; and location of all existing and proposed wells, waterlines, utility lines, septic systems, sewer lines, storm sewers, sump pump drains, easements, trees to be removed, trees to remain, etc. The plan shall bear the imprint of the responsible licensed engineer or surveyor.
(b) 
Plot plans shall include sufficient off-site topographic information to determine the impact of any off-site runoff draining onto or through the property.
(c) 
A statement signed and sealed by a licensed engineer indicating that, to the best of his/her knowledge and belief, the proposed grading activities shall not significantly increase runoff to, and/or otherwise adversely impact, downstream properties except as may be part of an approved stormwater runoff collection and management plan.
(3) 
§ 111.6.4. Site Plan Review.
(a) 
The site plan shall be reviewed by the Building Inspector and shall conform in every respect to the approved subdivision and/or land development plan for the site. If, in the opinion of the Building Inspector, the proposed grading activities do not conform to previously approved plans, the application shall be referred to the Township Engineer for review.
(b) 
In the event the Township Engineer determines that the proposed grading activities do not conform to previously approved drawings, issuance of the building permit shall not occur unless and until the revised grading plan is reviewed and approved by the Board of Supervisors.
F. 
Section 113.0, Conditions of Permit, is hereby amended to add the following subsections:
(1) 
§ 131.6. First-Floor Certification. Prior to approval to commence with construction of any new dwelling or nonresidential building, the owner/builder shall submit certification that the first-floor elevation of the proposed structure conforms to the site plan. The certification shall be submitted to the Township Building Inspector on a form approved by the Township.
(2) 
§ 113.7. General Grading Requirements. All building construction wherein excavation, placement of fill and/or grading activities are performed shall conform to the following general requirements:
(a) 
No excavation or fill shall be made with a face steeper than three horizontal to one vertical, except under one or both of the following conditions:
1) 
The material is sufficiently stable to sustain a steeper slope. A written statement to that effect from a civil engineer licensed in the Commonwealth of Pennsylvania and experienced in erosion control shall be submitted to the Building Inspector. The statement shall affirm that the site has been inspected and the deviation from the slope restriction shall not result in injury to persons or damage to property. A detail of the treatment of the slope (proposed grade, seeding, erosion protection, etc.) shall be submitted with the application.
2) 
A concrete, masonry or other approved retaining wall constructed in accordance with approved standards is provided to support the face of the excavation or fill.
(b) 
Edges of slopes shall be a minimum of five feet from property lines or right-of-way lines of streets in order to permit the normal rounding of the edge without encroachment on abutting property.
(c) 
Adequate provision shall be made to prevent surface water from damaging the cut face of an excavation and the sloping surfaces of fills.
(d) 
No person, corporation or other such entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing or perform any work that will affect the normal or flood flow in any stream or watercourse without having obtained prior approval from the Township and/or Department of Environmental Protection, whichever is applicable.
(e) 
All lots, tracts or parcels shall be graded to provide positive drainage away from buildings and dispose of it without ponding, except where ponding (detention basins, swales, etc.) is part of the stormwater management plan for the site.
(f) 
Concentration of surface water runoff shall be permitted only in swales, watercourses or detention basins.
(g) 
All plans wherein a sump pump or basement drain is proposed to be installed shall provided for discharge of the sump pump/drain to a natural watercourse, drainage swale, stormwater easement or storm sewer system.
(h) 
Each person, corporation or other entity which makes any surface changes shall be required to:
1) 
Collect on-site surface runoff and control it to a point of discharge into the natural watercourse of the drainage area, stormwater easement or storm sewer system.
2) 
Control existing off-site runoff drainage through the property by designing it to discharge to the natural watercourse of the drainage area, stormwater easement or storm sewer system.
(i) 
In no case shall grading be done in such a manner as to divert water onto the property of another landowner unless part of a stormwater management plan.
(j) 
During grading operations, necessary measures for dust control must be exercised.
(k) 
No grading equipment shall be permitted to be loaded and/or unloaded on a public street, and no grading equipment shall be permitted to travel on or across a public street unless licensed for operation on public thoroughfares.
(l) 
Grading equipment shall not be permitted to cross live streams. Temporary crossing shall only be permitted where application is made, and approval received, from the DEP (where applicable) and East Rockhill Township.
G. 
Section 113.8 is hereby revised and amended to read as follows:
§ 113.8. As-Built Drawings.
(1) 
For all applications required to prepare a site plan in accordance with § 111.6.1, as-built plans indicating compliance with the site plan shall be prepared by a licensed surveyor or engineer and submitted to the Township prior to issuance of a use and occupancy permit. In the event the site grading does not conform to the approved site plan, the applicant shall either regrade the site to conform to the plan or submit an as-built plan to the Township Supervisors for review and approval.
(2) 
No use and occupancy of the structure constructed pursuant to the building permit shall be permitted until the final grading is approved by the Township. In the event that the structure constructed is substantially completed as certified by the Building Inspector, but the final grading, seeding, paving or other on-lot improvements are unable to be completed due to weather or other compelling reasons, a use and occupancy permit for the structure may be issued; provided that the applicant or proposed occupant posts financial security in an amount deemed sufficient by the Township to guarantee the final completion of all incomplete grading, seeding, paving or other on-lot improvements not finally done at the time of occupancy. The amount of financial security for such conditional occupancy shall be set by the Board of Supervisors by separate resolution.
H. 
Section 114.3.1. shall be amended to read as follows:
§ 114.3.1. Fee Schedule. The fees charged by East Rockhill Township for building-related activities in the issuance of permits shall be as established by East Rockhill Township from time to time by separate resolution.
I. 
Section 117.4 shall be amended to read as follows:
§ 117.4. Violation Penalties. Any person, copartnership or corporation in violation of any of the provisions of this Part or of the Building Code hereby adopted, upon conviction thereof in an action brought before a District Justice 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.
J. 
§ 118.2. Unlawful Continuance.
(1) 
Any person who shall continue any work in or about the structure after having been served with a stop-work order pursuant to this Part or to any other ordinance of East Rockhill Township, except such work as that person is directed to perform to remove a violation or unsafe condition, shall, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to a fine not exceeding $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.
(2) 
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions by an action at law or in equity instituted by the Township of East Rockhill.
K. 
Section 123.0 is hereby deleted.
L. 
Section 2906.1 is hereby amended to read as follows:
§ 2906.1. Filing Bond. No person shall erect, install, remove or rehang any sign for which a permit is required under the provisions of the basic code until an approved bond shall have been filed in the sum to be determined by resolution.
[Ord. 136, 3/24/1991, Art. II]
Exempted from the provisions of the code shall be accessory prefabricated buildings or structures which do not house people or animals and which are erected on site or delivered erected to the site and installed without masonry or pole-type foundation below ground surface and not exceeding 100 square feet.
[Ord. 136, 3/24/1991, Art. II; as amended by Ord. 192, 4/18/2000]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice 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 the Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions by an action at law or in equity instituted by the Township of East Rockhill.
[Ord. 136, 3/24/1991, Art. II; as added by Ord. 192, 4/18/2000]
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall be controlling where the requirements thereof are the same as or more limiting than the provisions of this Part. The foregoing codes shall control in all cases where the state requirements are not as strict as those contained in this Part.
[Ord. 136, 3/24/1991, Art. II; as added by Ord. 192, 4/18/2000]
The provisions of this Part, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this Part, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this Part shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense, under the authority of any of the repealed ordinances.