[HISTORY: Adopted by the Board of Supervisors of the Township
of Charleston 8-15-1974 by Ord.
No. 102. Amendments noted where applicable.]
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, the construction, reconstruction,
enlargement, alteration, or relocation of any building or construction
unless an approved building permit has been obtained from the Municipal
Building Permit Officer.
B.
A building permit shall not be required for repairs to existing buildings
or structures, provided that no structural changes or modifications
are involved.
For the purposes of this chapter, the following definitions
shall apply:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed
to or in the ground or to any other building or structure permanently
affixed to or in the ground. Included shall be such things as driveways,
carports, porches, swimming pools, etc.
Application for such a building permit shall be made in writing
to the Building Permit Officer on forms supplied by the municipality.
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 exact size and location of the proposed
construction as well as any existing buildings or structures.
The Building Permit Officer shall issue a building permit only
after it has been determined that the proposed construction will be
in conformance with all applicable requirements and regulations.
After the issuance of a building permit by the Building Permit
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 Permit Officer.
In addition to the building permit, the Building Permit 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 Permit Officer.
Work on the proposed construction shall begin within six 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
Permit Officer. Construction shall be considered to have started with
the first placement of permanent construction of the site, such as
the 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 or any part thereof on its pilings or foundation, or the
affixing of any prefabricated structure or mobile home 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, the installation of piling
under proposed subsurface footings, or the installation of sewer,
gas, and water pipes, or electric or other service lines from the
street.
During the construction period, the Building Permit Officer
or other authorized official may 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. In the event the Building Permit 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 Permit Officer shall revoke the building
permit and report such fact to the Supervisors for whatever action
it considers necessary.
Applications for a building permit shall be accompanied by a
fee, payable to the municipality, based upon the estimated cost of
the proposed construction as determined by the Building Permit Officer
at the following rates:
|
Estimated Cost
|
Fee
|
|---|---|
|
$0 to $200
|
$0
|
|
$201 to $1,000
|
$5
|
|
Each additional $1,000 or part thereof beyond the first $1,000
|
$1
|
Any person aggrieved by the Building Permit Officer's estimate
of the cost of the proposed construction may appeal to the supervisors.
Such appeal must be filed, in writing, within 30 days after the determination
by the Building Permit Officer. Upon receipt of such appeal, the supervisors
shall set a time and place not less than 10 days nor more than 30
days for the purpose of hearing the appeal. Notice of the time and
place of the hearing of the appeal shall be given to all parties,
at which time they may appear and be heard. The determination of the
estimated cost by the Supervisors shall be final in all cases.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 or direction of the Building Permit Officer or any
other authorized employee of the municipality shall be guilty of an
offense and, upon conviction, shall pay a fine to Charleston Township
of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith. The imposition of a fine
or penalty for any violation of or noncompliance with this chapter
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. Any structure or building
constructed, reconstructed, enlarged, altered, or relocated, in noncompliance
with this chapter may be declared by the Supervisors to be a public
nuisance and abatable as such.
If any section, paragraph, sentence or phrase of this chapter
should be declared invalid for any reason whatsoever, such decision
shall not affect the remaining portions of this chapter which shall
remain in full force and effect. For this purpose, the provisions
of this chapter are hereby declared to be severable.
This chapter shall become effective on August 15, 1974, and
shall remain in force until modified, amended, or rescinded, by the
Supervisors, Charleston Township, Tioga County, Pennsylvania.
