[Ord. 782, 9/17/1986,
§ 201]
In compliance with Borough codes and ordinances, building permits
shall be required before any construction or development is undertaken
within any area of the Forest Hills Borough.
[Ord. 782, 9/17/1986,
§ 202; as amended by Ord. 830, 3/18/1992; and by Ord. 976,
1/16/2008]
1.
The Borough Code Enforcement Officer, or such other official as designated
from time to time by Council, 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.
A.
Prior to the issuance of any building permit, the Borough Code Enforcement
Officer, or such other official as designated from time to time by
Council, shall review the application for permit to determine if all
other necessary governmental permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act, 35 P.S. § 750.1 et seq.; the Dam
Safety and Encroachments Act, as amended, 32 P.S. § 693.1
et seq.; the U.S. Clean Water Act, § 404, 33 U.S.C. § 1334;
and the Pennsylvania Clean Streams Act 35 P.S. § 691.1 et
seq. No permit shall be issued until this determination has been made.
It shall be the responsibility of the applicant, and not the Borough
Code Enforcement Officer, or such other official as designated from
time to time by Council, to obtain all such necessary other governmental
permits.
B.
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.
C.
The Federal Insurance Administrator and Pennsylvania Department of
Community and Economic Development, shall be notified by the Borough
prior to any alteration or relocation of any watercourse.
[Ord. 782, 9/17/1986,
§ 203; as amended by Ord. 830, 3/18/1992; by Ord. 857, 9/20/1995,
§§ 5-7; and by Ord. 976, 1/16/2008]
1.
Application for such a building permit shall be made, in writing,
to the Borough Code Enforcement Officer, or such other official as
designated from time to time by Council, on forms supplied by the
Borough. Such application shall contain all information required by
Borough regulations.
2.
Such application shall also contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location.
E.
Listing of other permits required.
F.
Brief description of proposed work and estimated cost.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing building or structures.
3.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Borough Code Enforcement Officer,
or such other official as designated from time to time by Council,
to determine that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances.
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
4.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Borough Code
Enforcement Officer, or such other official as designated from time
to time by Council, to make the above determination:
A.
A completed building permit application form.
B.
A plan of the entire site at a scale no smaller than one inch equals
100 feet, showing:
(1)
North arrow, scale, and date.
(2)
Topographic contour lines of the site at vertical intervals
of two feet.
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
(4)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
(5)
The location of all existing streets, drives, and other accessways.
(6)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(1)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(2)
The elevation of the one-hundred-year flood.
(3)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing measures.
(5)
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 — 405, as amended, and §§ 1612.5.1,
104.7, and 109.3 of the 2006 IBC and §§ R106.1.3 and
R104.7 of the 2006 IRC.
D.
The following data and documentation:
(1)
A document, certified by a registered professional surveyor,
engineer or architect, which states that the proposed construction
of development has been adequately designed to withstand the one-hundred-year
flood elevations, pressures, velocities, impact and uplift forces
associated with the one-hundred-year flood. Such statement shall include
a description of the type and extent of floodproofing measures which
have been incorporated into the design of the structure and/or the
development.
(2)
The appropriate component of the Department of Environmental
Protection "Planning Module for Land Development."
(3)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Resources, to
implement and maintain erosion and sedimentation control.
(4)
(5)
The appropriate component of the Department of Environmental
Protection "Planning Module for Land Development."
(6)
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
E.
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Building Permit Officer to
the County Conservation District for review and comment prior to the
issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Building Permit Officer for possible
incorporation into the proposed plan.
[Ord. 782, 9/17/1986,
§ 204; as amended by Ord. 830, 3/18/1992]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Borough Code Enforcement Officer,
or such other official as designated from time to time by Council,
to the Borough Planning Commission and the Borough Engineer for review
and comment.
[Ord. 782, 9/17/1986,
§ 205; as amended by Ord. 830, 3/18/1992]
After the issuance of a building permit by the Borough Code
Enforcement Officer, or such other official as designated from time
to time by Council, no change 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
Code Enforcement Official. Requests for any such change shall be in
writing, and shall be submitted by the applicant to the Code Enforcement
Official for consideration.
[Ord. 782, 9/17/1986,
§ 206; as amended by Ord. 830, 3/18/1992]
The Borough Code Enforcement Officer, or such other official
as designated from time to time by Council, 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, the date of its issuance and be signed by the Borough Code
Enforcement Officer, or such other official as designated from time
to time by Council.
[Ord. 782, 9/17/1986,
§ 207; as amended by Ord. 830, 3/18/1992]
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 Code Enforcement
Officer. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation for 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 Borough Code Enforcement Officer, or such other official as
designated from time to time by Council, to approve such a request.
[Ord. 782, 9/17/1986,
§ 208; as amended by Ord. 830, 3/18/1992; and by Ord. 976,
1/16/2008]
1.
During the construction period, the Borough Code Enforcement Officer,
or such other official as designated from time to time by Council,
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 Borough laws and ordinances. He shall make
as many inspections during and upon completion of the work as are
necessary.
2.
During construction the Borough Code Enforcement Officer, or such
other official as designated from time to time by Council, may require
that the developer provide a certification by a qualified engineer
or surveyor that all buildings and structures are being built in conformance
with the required elevations as approved in the building permit.
3.
In the discharge of his duties, the Borough Code Enforcement Officer,
or such other official as designated from time to time by Council,
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.
4.
In the event the Borough Code Enforcement Officer, or such other
official as designated from time to time by Council, 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 Borough Code Enforcement Officer, or such other
official as designated from time to time by Council, shall revoke
the building permit and report such fact to the Council for whatever
action it considers necessary.
5.
A record of all such inspections and violations of this chapter shall
be maintained.
6.
The requirements of 34 Pa. Code, Chapters 401 — 405, and the
2006 IBC, §§ 109.3.3, 1612.5.1, 104.7 and 103.8, and
the 2006 IRC, §§ R106.1.3, R109.1.3, and R104.7, or
latest revisions thereof pertaining to elevation certificates and
record retention, shall be considered.
[Ord. 782, 9/17/1986,
§ 209]
Applications for a building permit shall be accompanied by a
fee as shall be established by resolution of Council.
[Ord. 782, 9/17/1986,
§ 210; as amended by Ord. 830, 3/18/1992]
1.
Whenever the Code Enforcement Officer or other authorized Borough
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter,
or of any regulation adopted pursuant thereto, the Code Enforcement
Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in writing.
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.
[Ord. 782, 9/17/1986,
§ 211; as amended by Ord. 830, 3/18/1992; and by Ord. 976,
1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
4.
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
of 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 Council to be
a public nuisance and abatable as such.
[Ord. 782, 9/17/1986,
§ 212; as amended by Ord. 830, 3/18/1992]
1.
Any person aggrieved by any action of the Code Enforcement Officer
involving the administration of the provisions of this chapter may
appeal to Council. Such appeal must be filed, in writing, within 30
days after the decision or action of the Code Enforcement Officer.
2.
Upon receipt of such appeal, 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 Council may seek relief therefrom
by appeal to court, as provided by the laws of this Commonwealth including
the Pennsylvania Floodplain Management Act, 32 P.S. § 679.101
et seq.
