[Ord. 10-2001-491, 10/25/2001, § 2.00]
Building permits shall be required before any construction or
development is undertaken within any area of the Township of Salisbury.
[Ord. 10-2001-491, 10/25/2001, § 2.01]
1.
The Building Inspector/Code Enforcement Officer 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.
2.
Prior to the issuance of any building permit, the Building Inspector/Code
Enforcement Officer shall review the application for the permit to
determine if all other necessary government permits required by state
and federal laws have been obtained, such as those required by the
Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the
Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);
the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and
the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[Ord. 10-2001-491, 10/25/2001, § 2.02]
1.
Application for such a building permit shall be made, in writing,
to the Building Inspector/Code Enforcement Officer on forms supplied
by the Township of Salisbury. Such application shall contain the following:
A.
Name and address of the 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 buildings or structures.
2.
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 Building Inspector/Code Enforcement
Officer 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.
3.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Building Inspector/Code
Enforcement Officer to make the above determination:
A.
A completed building permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date.
(2)
Topographic contour lines, if available.
(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 access
ways.
(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 a 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 flood proofing
measures.
D.
The following data and documentation:
(1)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one hundred year flood more than one foot at any point.
(2)
A document certified by a registered professional engineer or
architect, which states that the proposed construction or development
has been adequately designed to withstand the 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 the flood proofing measures which have been incorporated into the
design of the structure and/or the development.
(3)
(4)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(5)
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.
[Ord. 10-2001-491, 10/25/2001, § 2.03]
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 Building Inspector/Code Enforcement
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 Inspector/Code
Enforcement Officer for possible incorporation into the proposed plan.
[Ord. 10-2001-491, 10/25/2001, § 2.04]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Building Inspector/Code Enforcement
Officer to any other appropriate agencies and/or individuals (e.g.
planning commission, municipal engineer, etc.) for review and comment.
[Ord. 10-2001-491, 10/25/2001, § 2.05]
After the issuance of a building permit by the Building Inspector/Code
Enforcement Officer, 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
Building Inspector/Code Enforcement Officer. Requests for any such
change shall be in writing, and shall be submitted by the applicant
to Building Inspector/Code Enforcement Officer for consideration.
[Ord. 10-2001-491, 10/25/2001, § 2.06]
In addition to the building permit, the Building Inspector/Code
Enforcement Officer 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 Building Inspector/Code Enforcement
Officer.
[Ord. 10-2001-491, 10/25/2001, § 2.07]
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 Building Inspector/Code
Enforcement Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of 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 Building Inspector/Code Enforcement Officer to approve such
request.
[Ord. 10-2001-491, 10/25/2001, § 2.08]
1.
During the construction period, the Building Inspector/Code Enforcement
Officer or other authorized official 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 municipal
laws and ordinances. He shall make as many inspections during and
upon completion of the work as are necessary.
2.
In the discharge of his duties, the Building Inspector/Code Enforcement
Officer 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 provisions
of this chapter.
3.
In the event the Building Inspector/Code Enforcement Officer 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 Building Inspector/Code Enforcement Officer
shall revoke the building permit and report such fact to the Board
of Commissioners for whatever action it deems necessary.
4.
A record of all such inspections and violations of this chapter shall
be maintained.
[Ord. 10-2001-491, 10/25/2001, § 2.09]
Applications for a building permit shall be accompanied by a
fee, payable to the Township of Salisbury based upon the estimated
cost of the proposed construction as determined by the Building Inspector/Code
Enforcement Officer at the following rates:
|
Estimated Cost
|
Fee
|
|---|---|
|
First 500 square feet of new construction
|
$50
|
|
Each square feet over the first 500 square feet
|
$0.12 per square foot
|
[Ord. 10-2001-491, 10/25/2001, § 2.10]
1.
Notices. Whenever the Building Inspector/Code Enforcement Officer
or other authorized municipal representative determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this chapter, or of any regulations adopted pursuant
thereto, Building Inspector/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.
2.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the Building Inspector/Code
Enforcement Officer or any other authorized employee of the Township
of Salisbury shall be guilty of an offense and, upon conviction, shall
pay a fine to the Township of Salisbury of not less than $25 nor more
than $600, plus costs of prosecution. In default of such payment,
such person shall be imprisoned in county prison for a period not
to exceed 10 days. Each day during which any violation of this chapter
continues shall constitute a separate offense. 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 non-compliance with,
this chapter shall not excuse the violation or non-compliance or permit
it to continue and all such persons shall be required to correct or
remedy such violations and non-compliances 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 the Board of Commissioners to be a
public nuisance and abatable as such.
[Ord. 10-2001-491, 10/25/2001, § 2.11]
1.
Any person aggrieved by any action or decision of the Building Inspector/Code
Enforcement Officer concerning the administration of the provisions
of this chapter, may appeal to the Board of Commissioners. Such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the Building Inspector/Code Enforcement Officer.
2.
Upon receipt of such appeal the Board of Commissioners 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 the Board of Commissioners,
may seek relief therefrom by appeal to court as provided by the laws
of this commonwealth including the Pennsylvania Flood Plain Management
Act.
