[HISTORY: Adopted by the Borough Council of the Borough of
Prospect 1-4-2021 by Ord. No. 2021-2. Amendments noted where applicable.]
The text of this chapter shall be known as the "Demolition Ordinance"
for the Borough of Prospect.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicated otherwise.
A combination of materials to form a permanent structure
having walls and roof. Included in the definition of "building" shall
be all mobile homes and trailers (excluding recreational vehicles
not attached to the land).
The act of destroying, wrecking and/or removal of a building
or other structure or any portion thereof in the restoration of the
demolition site to grade.
A permit issued by the Borough through its designated appointee
for demolition pursuant to this chapter.
Real estate in or upon which a building or structure to be
demolished is located.
Includes natural persons, individuals, entities, partnerships,
companies, limited-liability companies, societies, business trusts,
trusts, associations, estates, or foundations, personal representatives
of any of the foregoing, and corporations, public or private.
Anything constructed, placed or erected on the ground or
attached to the ground, including, but not limited to, buildings,
sheds, mobiles homes, manufactured homes, barns, warehouses, garages,
car ports, porches, towers and other similar structures. Excluded
from the definition of "structure" are structures or buildings that
are less than 500 square feet in gross area, and have never been serviced
by any utility, whether overhead or underground.
No person shall demolish, remove or relocate any building or
structure or any portion thereof without a valid demolition permit.
Any person seeking to obtain a demolition permit shall submit
an application to the Borough's Code Enforcement Officer or other
designated official on a form provided by the Borough. The application
shall identify the following:
A.
The type of building or structure to be demolished;
B.
The location of the building or structure to be demolished;
C.
The owner of the building or structure to be demolished;
D.
The deed recording information, including deed book volume and page
number, of the building or structure to be demolished;
E.
The name of the person to perform the demolition of the building
or structure;
F.
The proposed date of commencement of the demolition of the building
or structure;
G.
The anticipated time to complete the demolition of the building or
structure;
H.
The anticipated cost to complete the demolition of the building or
structure;
I.
The demolition procedure;
J.
The proposed restoration; and
K.
Such other information as the Borough from time to time deems appropriate
and necessary.
An applicant for a demolition permit shall submit with the application
a nonrefundable fee to be set from time to time by resolution of the
Borough for the cost of administrating the provisions of this chapter.
The Borough's appointed designee shall approve or disapprove
of the application within 30 days of its submission. If the application
is amended or resubmitted prior to its initial approval or disapproval,
there shall be no additional fee. Failure to approve or disapprove
the application within the time of audit shall not be deemed an approval
of the application, and unless the applicant agrees, in writing, to
an extended time beyond 30 days for approval or disapproval, the application
shall be deemed denied and the application fee shall be refunded to
the applicant.
Prior to the issuance of a demolition permit, all utility services
must be disconnected between the street, curb and sidewalk. All sanitary
sewer connections shall be cut off and sealed with an approved cap
and/or cemented at the main sewer line. All work must be inspected
and approved by the Borough's appointed designee for a fee to
be set from time to time by resolution of the Borough. Inspection
by the Borough shall require 24 hours' notice and shall be conducted
between 7:00 a.m. and 3:00 p.m., Monday through Friday.
The applicant must demonstrate that notice has been given to
all utilities. The applicant must also provide pre-demolition notice
to PA One Call if any of the demolition activities will involve subsurface
work.
A demolition permit issued by the Borough shall expire 30 days
after demolition has commenced or 90 days after the issuance of the
permit, whichever occurs earlier. If, prior to expiration of the demolition
permit, the applicant requests, in writing, an extension of the expiration
of the demolition permit, the Borough's designated appointee,
at its sole discretion, may extend the expiration date of the permit.
The applicant shall take all precautionary action necessary
to adequately protect the public and adjacent properties from debris,
damage or harm resulting from the demolition of the building or structure.
Such precautionary action may be determined by the Borough's
appointed designee and shall be set forth, in writing, prior to or
in conjunction with the issuance of the demolition permit. Nevertheless,
at a minimum, where appropriate, the applicant must erect barricades
over and illuminate abutting sidewalks and streets or portions thereof
during demolition of the structure.
Demolition shall not be deemed to have been completed until
or unless the demolition site is in conformity with the following:
A.
All garbage, rubbish and debris have been removed from the demolition
site;
B.
The demolition site has been properly backfilled, graded, resurfaced
consistent with the proposed future use and restored to a neat, clean
and sanitary condition; and
C.
All improvements, including, but not limited to, sidewalks, walkways
and driveways, have been returned to a proper state of repair and
free from hazardous conditions.
The Borough Code Enforcement Officer or another designated official
shall have the right to enter the demolition site for purposes of
inspecting the demolition of the building or structure to determine
the compliance with this chapter.
Any person who violates or fails to comply with any provision
of this chapter 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 chapter that is violated
shall also constitute a separate offense.
Borough Council shall, by resolution, adopt, establish and amend,
as it deems proper in its sole discretion, all forms, fees, rules
and/or regulations necessary to administer the provisions of this
chapter.
In the event that any provision, section, sentence, clause or
part of this chapter is held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this chapter, it being the intent of Prospect Borough that
such remainder shall be and shall remain in full force and effect
and for this purpose the provisions of this chapter are hereby declared
to be severable.
This chapter was ordained and enacted this fourth day of January,
2021, by the Council of the Borough of Prospect, to be effective January
5, 2021.
