[Ord. 1-1973, 7/17/1973, § 1; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
1.
It shall be unlawful for any person, partnership, business or corporation
to undertake or cause to be undertaken the construction, reconstruction,
enlargement, alteration or relocation of any building or structure
unless an approved preconstruction permit has been obtained from the
Township Secretary/Manager.
2.
A preconstruction permit shall not be required for repairs to existing
buildings or structures, provided that no structural changes or modifications
are involved.
[Ord. 1-1973, 7/17/1973, § 2; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
For the purpose of this Part, the following definitions shall
apply:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes, trailers
to be used for human habitation, manufactured homes and all swimming
pools.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed
to or in the ground or to any other building or structure permanently
affixed to or in the ground. Included shall be such things as driveways,
carports, porches, swimming pools, etc.
[Ord. 1-1973, 7/17/1973, § 3; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
1.
Application for such a preconstruction permit shall be made in writing
to the Township Secretary/Manager on forms supplied by the municipality.
Such application shall contain at least the following:
A.
Name, address and telephone number of the applicant.
B.
Name, address and telephone number of owner of land on which proposed
construction is to occur.
C.
Site location.
D.
Brief description of proposed work.
E.
Estimated cost of proposed work.
F.
Certificate of Insurance from the contractor.
G.
Floodplain information.
H.
Luzerne County zoning permit information.
I.
Hunlock Township sewage information.
J.
Manufactured homes should have a model number and year.
K.
Contractor's name, address and telephone number.
L.
Copy of certified inspectors state certification and a certificate
of insurance for the proposed construction.
M.
Upon completion of construction, a copy of the Luzerne County occupancy
permit.
N.
A copy of the completion report from the certified inspector within
90 days upon completion.
O.
Copy of PADOT highway occupancy permit for any construction which
occurs within the legal right-of-way of any legislative route in Pennsylvania.
[Ord. 1-1973, 7/17/1973, § 4; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
The Township Secretary/Manager shall issue a preconstruction
permit only after it has been determined that the proposed construction
will be in conformance with all applicable requirements and regulations.
[Ord. 1-1973, 7/17/1973, § 5; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
After the issuance of a preconstruction permit by the Township
Secretary/Manager, no changes 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
Township Secretary/Manager.
[Ord. 1-1973, 7/17/1973, § 6; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
In addition to the preconstruction permit, the Township Secretary/Manager
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 preconstruction permit, the date of its issuance and
be signed by the Township Secretary/Manager.
[Ord. 1-1973, 7/17/1973, § 7; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
Work on the proposed construction shall begin within six months
after the date of issuance of the preconstruction permit or the permit
shall expire unless a time extension is granted, in writing, by the
Township Secretary/Manager. Construction shall be considered to have
started with the first placement of permanent construction of the
site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. For a structure without a basement or poured
footings, the start of construction includes the first 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 or 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 electric or other
service lines from the street.
[Ord. 1-1973, 7/17/1973, § 8; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
During the construction period, the Township Secretary/Manager
or other authorized official may inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. In the event the Township Secretary/Manager 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 Township Secretary/Manager shall revoke the
preconstruction permit and report such fact to the Supervisors of
Hunlock Township for whatever action it considers necessary.
[Ord. 1-1973, 7/17/1973, § 9; as amended by Ord.
85-1, 3/5/1985; by Ord. of 9/19/2002; and by Ord. of 10/27/2005]
Applications for a preconstruction permit shall be accompanied
by a fee, payable to Hunlock Township, in the amount of $20.
[Ord. 1-1973, 7/17/1973, § 10; as amended by Ord.
85-1, 3/5/1985; and by Ord. of 10/27/2005]
Any person aggrieved by the Township Secretary/Manager's
estimate of the cost of the proposed construction may appeal to the
Supervisors of Hunlock Township. Such appeals must be filed, in writing,
within 30 days after the determination by the Township Secretary/Manager.
Upon receipt of such appeal, the Supervisors of Hunlock Township shall
set a time and place not less than 10 nor more than 30 days for the
purpose of hearing the appeal. Notice of the time and place of the
hearing of the appeal shall be given to all parties at which time
they may appear and be heard. The determination of the estimated cost
by the Supervisors of Hunlock Township shall be final in all cases.
[Ord. 1-1973, 7/17/1973, § 11; as amended by Ord.
85-1, 3/5/1985; by Ord. 2-1997, 8/28/1997; and by Ord. of 10/27/2005]
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 this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
2.
In addition to the above penalties, all other actions are hereby
reserved including an action in equity for the proper enforcement
of this Part. The imposition of a fine or penalty for any violation
of, or noncompliance with this Part shall not excuse the violation
or noncompliance nor permit it to continue; and all such persons shall
be required to correct or remedy such violations and noncompliances
within a reasonable time. Any structure or building constructed, reconstructed,
enlarged, altered or relocated in noncompliance with this Part may
be declared by the Supervisors of Hunlock Township as a public nuisance
and abatable as such.
