[Adopted 11-19-2007 by Ord. No. 610, approved 11-19-2007 (Ch. 43,
Art. V, of the 1977 Code)]
The intent of this article is to inform the
Borough property owners on construction of structures that do not
require permits under the Pennsylvania UCC for construction purposes.
Furthermore, the Borough requires a building permit for the construction
activities set forth in this article to insure compliance with the
zoning requirements for lot coverage and setbacks as well as the safety
of the structure being constructed.
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, recreational cabin, accessory or miscellaneous-use
structure less than 1,000 square feet which is nonhabitable anywhere
within the Borough unless an approved building permit has been obtained
from the Borough.
This article 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.
This article shall not create liability on the
part of the Borough or any officer or employee thereof for any damages,
that result from reliance on this article or any administrative decision
lawfully made hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for such a building permit shall
be made, in writing, to Athens Borough or their designated Building
Official, on forms provided by Athens Borough or their designated
Building Official. Such application shall contain at least the following:
A.
Name, address
and phone number of applicant.
B.
Name, address
and phone number of owner of land on which proposed construction is
to occur.
C.
Name, address
and phone number 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 setback dimensions
as well as all measurements of the improvements.
G.
Project start
date.
H.
Total cost or
value of project.
I.
If a driveway
request must obtain either Borough or PennDOT approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Athens Borough
or their designated Building Official shall issue a building permit
only after if has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this article and all
other applicable codes or ordinances.
B.
After the issuance
of a building permit, no changes of any kind shall be made to the
application, building 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 building permit.
The proposed construction shall be completed within 18 months after
the date of issuance of the building 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, filling, excavation for basement, footings, piers
or foundations, erection of temporary forms, or installation of piling
under proposed subsurface footings.
A Project Permit Fee Schedule has been established
by resolution by the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person who fails to comply with any or all of
the requirements or provisions of this article or who fails or refuses
to comply with any notice, order, or direction of the Building Official
or any other authorized employee of the Borough shall be guilty of
an offense and, upon conviction, shall pay a fine to the Borough of
not less than $25 nor more than $600, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Bradford County.
B.
In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this article. The imposition of a fine or penalty for
any violation of, or noncompliance with, this article shall not excuse
the violation or 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.
Unless specifically defined below, words and
phrases used in this article shall be interpreted so as to give this
article its most reasonable application.
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 § 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. §§ 1658.1 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. §§ 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Must be equipped
with at least one smoke detector, one fire extinguisher and one carbon
monoxide detector in both the kitchen and sleeping quarters. In addition
to the state requirement, the Borough requires compliance with the
National Fire Protection Agency (NFPA) Fire Alarm Code 72.
B.
The cabin owner
files with Athens Borough or their designated Building Official either:
(1)
An affidavit
on a form prescribed by the Pennsylvania Department of Labor and Industry
attesting to the fact that the cabin meets the definition of a "recreational
cabin" in Section 103 of the Pennsylvania Uniform Construction Code;
or
(2)
A valid proof
of insurance for the recreational cabin, written and issued by an
insurer authorized to do business in this commonwealth, stating that
the structure meets the definition of a "recreational cabin" in Section
103 of the PA Uniform Construction Code.
C.
If a recreational
cabin is subject to exclusion, upon transfer of ownership of the recreational
cabin, written notice must be provided in the sales agreement and
deed that the recreational cabin is:
D.
Failure to comply
with the notice requirement shall render the sale voidable at the
option of the purchaser.
Building permits shall be required for construction
and follow the Project Permit Fee Schedule established by resolution
by the Borough Council for any of the following activities:
A.
One- and two-family
dwellings and recreational cabins that meet the provisions set by
Senate Bill 1139.
B.
New dwellings
or a change in the footprint of an existing one- or two-family dwelling.
C.
Detached one-
and two-family dwelling accessory structures: carports, private garages,
greenhouses, toolsheds, storage sheds, and pool house shed, gazebos,
playhouses, workshops, and similar use buildings, regardless of size,
as determined by the Code Officer.
D.
Agricultural
building: 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 including poll barns.
E.
Premanufactured
or industrialized housing which bears a label indicating compliance
to the Manufactured Housing Construction and Safety Standards Act:[1] footings/foundation, utility/site connections and any
attached structures that have not been inspected during the dwelling
manufacturing process (e.g., attached garage built on site).
[1]
Editor's Note: See 35 P.S. § 1658.1 et seq.
F.
All fences.
G.
All retaining
walls four feet or over in height.
H.
Installation
of all decks, porches, steps, and stoops.
I.
Sidewalks and
driveways.
J.
Prefabricated
swimming pools accessory to residential occupancy that are more than
18 inches deep, regardless of size and regardless of material, including
plastic, vinyl, inflatable, or any other material.
K.
Remodeling and
repairs to existing residential building:
(1)
Only if enlarge,
move, demolish, or change the use of the occupancy.
(2)
Cutting away
a structural wall, structural partition or portion of a structure
wall.
(3)
The removal
or cutting of any structural beam or load-bearing support.
(4)
The removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the egress requirements (stairways, ramps,
exterior exit balconies, hallways, required egress windows and doors).
(5)
Including
but not limited to the replacement of a roof and the required construction
for said replacement.
(6)
Including
but not limited to the replacement of siding and the required construction
for said replacement.
L.
Window awnings:
window awnings on commercial buildings that are over 48 inches in
width.
M.
Replacement windows
when more than five windows are being replaced at one time, or the
total cost of the replacement is greater than $1,000, regardless of
the number.
N.
Residential alteration
creating a habitable basement where it was only used for storage or
mechanical purposes before, including improvements that do not change
an existing means of egress or that are not structural alterations.
O.
Demolitions (with
and without foundations).
