Township of Hopewell, PA Chapter 89 Building Permits

[HISTORY: Adopted by the Board of Supervisors of the Township of Hopewell as indicated in article histories. Amendments noted where applicable.]

Article I Procedure for Issuance of Zoning Certificates; Building Fees

[Adopted 8-9-2004 by Ord. No. 2-2004]

§ 89-1 Standards and procedures for issuance of zoning certificates.

A. Certificate required. From and after the effective date hereof, it shall be unlawful for any persons, partnership or corporation to erect, construct or repair any new or existing building, shed other accessory building(s) or accessory use(s), either for residential, agricultural or commercial purposes, within the limits of the Township of Hopewell, Washington County, Pennsylvania, or to alter, repair or enlarge, as hereafter defined, any existing building or accessory use, or remove any existing building or accessory use within such limits until there has first been secured by the owner or owners of said building or accessory use a zoning certificate issued by the Code Enforcement Officer or Zoning Officer of the Township of Hopewell. For purposes of this article, "to alter, repair or enlarge" means any external construction intending to increase the building's living or use area. This article will not apply to those instances where the activity involves the repair and/or maintenance on a structure due to normal wear, tear, use and replacement. Accessory use(s) shall include decks, porches, permanent awnings and swimming pools.

B. Procedure.

(1) Prior to making application for a building permit, the applicant/owner shall be required to furnish the Code Enforcement Officer or Zoning Officer of the Township of Hopewell an application, in writing, which shall include a copy of the plans and specifications, together with the name of the architect, engineer and/or contractor, if applicable, a statement of the estimated costs of said building or alteration, enlargement or repair thereof and their mailing addresses. The Zoning or Code Enforcement Officer will have 10 days from receipt of the application to review Chapter 320, Zoning, and Chapter 282, Subdivision and Land Development, for Hopewell Township in order to insure compliance with the Township zoning regulations. A zoning certificate shall be issued on all construction.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) The applicant must first obtain a zoning certificate before applying for a building permit. No building permit is to be issued until a zoning certificate has been issued.

C. Permit lapse; reissuance of lapsed permit; zoning certificate.

(1) Any work authorized by any permit issued under this article that shall not have commenced within six months after issuance of such permit shall become invalid. Under such conditions, neither the permit fee nor any part thereof shall be returned to such permit holder and, if at any future time such permit holder shall make application for another permit for the same work, he shall follow the same procedure and pay the same fee as if no previous permit had been issued.

(2) Each property owner will be required to obtain a zoning certificate (AKA "occupancy certificate") from the Zoning Officer after the construction contemplated hereunder has been completed and before occupancy and use of the new structure can take place.

D. Building time period. All work shall be subject to all federal, commonwealth, county and Township codes, ordinances, rules and regulations and must be completed within one year from the date of issuance of permit unless an extension is granted by the Township, in writing, upon application duly made.

§ 89-2 Zoning certificate fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. New construction.

(1) Residential.

(a) Zoning certificate: a fee as set by the Board of Supervisors.

(2) Commercial.

(a) Zoning certificate: a fee as set by the Board of Supervisors.

(3) Agricultural.

(a) Construction of the primary barn:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

(b) Accessory buildings that are not considered primary barn facilities:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

B. Structures - renovation/remodeling.

(1) Residential.

(a) Zoning certificate: a fee as set by the Board of Supervisors.

(2) Commercial.

(a) Zoning certificate: a fee as set by the Board of Supervisors.

(3) Agricultural.

(a) Zoning certificate: a fee as set by the Board of Supervisors.

C. Accessory uses.

(1) Residential outbuildings.

(a) One hundred square feet or less:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

(b) One hundred square feet or more:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

(2) Garages.

(a) Five hundred square feet or less:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

(b) Five hundred square feet or more:

[1] Zoning certificate: a fee as set by the Board of Supervisors.

D. Swimming pools.

(1) A permit shall be required relative to the installation of any in-ground or aboveground swimming pool as follows:

(a) Zoning certificate: a fee as set by the Board of Supervisors.

(2) In addition, all in-ground pools must be enclosed on all sides with a fence and locked gate.

E. Demolition permit: a fee as set by the Board of Supervisors.

§ 89-3 Township rates, hearing fees and costs reimbursement.

A. Subdivision fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Filing fees.

(a) Minor subdivision (1 to 2 lots): a fee as set by the Board of Supervisors.

(b) All other subdivisions: a fee as set by the Board of Supervisors.

(c) Residential land developments (2): a fee as set by the Board of Supervisors.

(d) Nonresidential land developments (1 to 2): a fee as set by the Board of Supervisors.

(2) Application review fees.

(a) In addition to the filing fees, the Township will bill the applicant for the cost of application review by the Township Engineer, traffic consultant, planning consultant, Attorney and other professional consultants as warranted. All review fees shall be paid in full upon approval of the preliminary plans and again upon approval of the final plans. All fees will be billed according to the contractor's costs to the municipality. Any and all review fees shall be paid prior to the issuance of any and all permits.

(b) Disputes over the amount of the review fee shall be resolved in accordance with the procedure specified in Sections 503(1)(i) and (ii) and 510(g) of PA Act 247, Pennsylvania Municipalities Planning Code.[1]

[1] Editor's note: See 53 P.S. § 10503(1)(i) and (ii) and 53 P.S. § 10510(g), respectively.

(3) Other costs.

(a) The costs of reproduction, travel, subcontractors and rentals shall be charged according to the costs to the Township. Office copies: a fee as set by the Board of Supervisors.

(b) Disputes regarding bills shall be resolved in accordance with the procedures specified in Section 510(g) of PA Act 247, Pennsylvania Municipalities Planning Code.[2]Editor's Note: See 53 P.S. § 10510(g).

[2]

B. Zoning fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Zoning certificate/inspection fee.

(a) Residential: a fee as set by the Board of Supervisors.

(b) Commercial: a fee as set by the Board of Supervisors.

(2) Certificate of use in occupancy, including inspection by Zoning Officer.

(a) Residential: a fee as set by the Board of Supervisors.

(b) All others: a fee as set by the Board of Supervisors.

(3) Registration of nonconforming use: a fee as set by the Board of Supervisors.

(4) Application for conditional use approval:

(a) Minor: a fee as set by the Board of Supervisors.

(b) Major: a fee as set by the Board of Supervisors.

(5) Application for rezoning (text or map amendment): a fee as set by the Board of Supervisors.

(6) Landowner curative amendment: a fee as set by the Board of Supervisors.

(7) All fees shall be paid in advance. In addition to the fee, the applicant shall be charged 1/2 of the costs of the stenographer's appearance fee for the public hearing and for each separate continuation of the public hearing on the applicant's appeal.

C. Zoning Hearing Board and Township hearing fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Special exception: a fee as set by the Board of Supervisors.

(2) Conditional use: a fee as set by the Board of Supervisors.

(3) Conditional use:

(a) Surface mining applications and complex requests: a fee as set by the Board of Supervisors.

(4) Variances.

(a) One single-family lot: a fee as set by the Board of Supervisors.

(b) Complex cases: a fee as set by the Board of Supervisors.

(5) All fees shall be paid in advance. In addition to the above application fees, each applicant shall be charged 1/2 of the costs of the stenographer's appearance fee for the public hearing and for each separate continuation of that public hearing on the applicant's appeal. If costs exceed the initial fee charged, applicant will be billed for all applicable costs incurred. All unused hearing fees will be refunded.

D. Hearing costs and transcripts. If the Zoning Hearing Board orders the hearing transcript to be transcribed, the Board shall pay for the costs of transcription. Any other party to a Zoning Hearing Board proceeding who files an appeal and requests the original transcripts of the hearing for that appeal shall pay for the costs of transcription. Any person who requests a copy of the transcript shall be charged the costs for duplicating the original transcript.

E. Administrative charges.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Home occupation license: a fee as set by the Board of Supervisors.

(2) Municipal lien letter: a fee as set by the Board of Supervisors.

(3) Other legal correspondence: a fee as set by the Board of Supervisors.

(4) Township map: a fee as set by the Board of Supervisors.

(5) Zoning Map: a fee as set by the Board of Supervisors.

(6) Zoning Ordinance and Subdivision Ordinance: a fee as set by the Board of Supervisors.

F. Township employees. (Reserved)

G. Township equipment. (Reserved)

§ 89-4 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

§ 89-5 Changes.

All rates and fees may be changed by Board of Supervisors each year at their reorganization meeting and shall be done by resolution, which shall be dated and attached to this ordinance.

Article II Sewage Authorization Requirements

[Adopted 3-9-2015 by Ord. No. 2-2015]

§ 89-6 Purpose.

The purpose of this article is to establish the requirement of our building permit issuant to delay issuing a building permit unless he/she has seen one of the following sewage authorizations for the building and property in question.

§ 89-7 Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:

AGENCY

Hopewell Township, Washington County, Pennsylvania, or its designee.

BUILDING

Any structure requiring a building permit that also requires sewage authorization per the rules of the PADEP Sewage Facilities Act of Pennsylvania and known as "Act 537."[1]

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.

PERSON

And individual, partnership, company, association, corporation or other group or entity.

SEWAGE AUTHORIZATION

Any of the following:

A. On-lot sewage septic system permit.

B. Deemed adequate confirmation for connection to an existing system.

C. Deemed adequate confirmation for the ten-acre exemption system.

D. Commercial holding tank permit.

E. Receipt of the tap-in fee for a public sewer line.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

§ 89-8 Rules and regulations.

The Agency is hereby authorized and empowered to adopt such rules and regulations concerning permit issuing which it may deem necessary, from time to time, to effect the purpose herein.

§ 89-9 Rules and regulations to be in conformity with applicable law.

All such rules and regulations adopted by the Agency shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws, applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

§ 89-10 Violations and penalties.

A. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including judgment, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township.

§ 89-11 Severability.

If any sentence, clause, section or other part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Supervisors of the Township of Hopewell that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.