[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 12-19-2005 as Ch. 38
of the 2005 Code. Amendments noted where applicable.]
[Added 8-7-2017]
The purpose of this chapter is to regulate structures not reviewed
under the Uniform Construction Code as authorized under the Borough
Code found at 8 Pa.C.S.A. § 32A02.
The intent of this chapter is to inform the municipality on
construction of structures that do not require permits under the Pennsylvania
UCC[1] for assessment purposes.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
It shall be unlawful for any person, partnership or business
or corporation to undertake, or cause to be undertaken, the construction,
renovation or repair of any agricultural building, manufactured housing,
historical building, accessory or miscellaneous-use structure less
than 500 square feet which is nonhabitable and limited to one story
anywhere within the municipality unless an approved assessment permit
has been obtained from the municipality.
This chapter supersedes any provisions currently in effect.
However, any underlying ordinance shall remain in full force and effect
to the extent that those provisions are more restrictive.[1]
This chapter shall not create liability on the part of the municipality
or any officer or employee thereof for any damages, that result from
reliance on this chapter or any administrative decision lawfully made
hereunder.
Application for such an assessment permit shall be made in writing
to the Borough Secretary. Such application shall contain at least
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.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the size and location of the proposed
construction as well as any existing buildings or structures, with
set back dimensions.
A.
The Borough Secretary shall issue an assessment permit only after
if has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes or ordinances.
B.
After the issuance of an assessment permit, 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 municipality.
Work on the proposed construction shall begin within six months
from the date of issuance of the assessment permit. The proposed construction
shall be completed within 12 months after the date of issuance of
the assessment permit. Construction shall be considered to have started
with the first placement of permanent construction to the site, such
as 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 of any part thereof on its pilings or foundation or the
affixing of any prefabricated structure to its permanent site. Permanent
construction does not include land preparation, land clearing, grading,
filing, excavation for basement, footings, piers or foundations, erection
of temporary forms, or installation of piling under proposed subsurface
footings.
[Amended 8-7-2017]
A fee schedule will be adopted by the Borough Council and may
be amended from time to time by the Borough Council and will become
part of this chapter.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals. The term shall not include
habitable space or spaces in which agricultural products are processed,
treated or packaged and shall not be construed to mean a place of
occupancy by the general public.
The construction or relocation of a building or structure.
Under Section 901(a) of the Act [35 P.S. § 7210.901(a)],
housing which bears a label as required by and referenced in the Manufactured
Housing Act (35 P.S. §§ 1656.1 through 1656.9), certifying
that it conforms to federal construction and safety standards adopted
under the National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C.A. §§ 5401 through 5426).
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds and other
similar items.
This chapter shall become effective on July 1, 2005, and shall
remain in force until modified, amended, or rescinded by the Borough
of Wyalusing, Bradford County, Pennsylvania.
[Added 8-7-2017]
In the even that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
