[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.