[1]
Editor's Note: This article was amended 6-12-2013 by Ord. No. 2013-03 to repeal "inconsistent parts … with respect to the fees, expenses or costs only permitted or outlined" herein and to provide that "sections, parts or subsections authorizing or permitting the charging of fees, expenses or costs" herein are amended to "permit changes in said fees, expenses or costs by resolution at any time by the Langhorne Borough Council."
A. 
A special building permit shall be required before any construction or development is undertaken within 100 feet of any natural resource protection area anywhere in the Borough.
B. 
If applicant plans to or is presenting a concept plan, a sketch plan, a preliminary development plan or a land use plan under Chapter 390, Subdivision and Land Development, of the Code of the Borough of Langhorne, applicant shall be required to apply for a special building permit and to provide all required supporting information, prior to consideration of any proposal, plan, or application for development or land use. Failure to present said information shall rendered the application incomplete and no review, including concept or sketch review, shall proceed.
[Amended 6-8-2005 by Ord. No. 2005-05]
A. 
The Building Permit Officer shall issue a special building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
B. 
Issuance of special building permit is amended to reference a review of the applicability of the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[1] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
C. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
D. 
The Federal Insurance and Mitigation Administrator and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
A. 
Application for such a special building permit shall be made, in writing, to the Building Code Official on forms supplied by the Borough. Such application shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location.
(5) 
Listing of other permits required.
(6) 
Brief description of proposed work and estimated cost.
(7) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B. 
If any proposed construction or development is located entirely within, partially within or within 100 feet of any identified natural resource protection area or floodplain area, applicants for special building permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Code Official to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 295-33) as may be required by the Building Permit Officer to make the above determination:
(1) 
A completed building permit application form.
(2) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if available;
(c) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
(e) 
The building envelope (that area of a lot that has no development restrictions). The building envelope shall not include the area of any required setbacks, (except for driveways which would cross yards), buffer yards, natural features with 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified by the provisions of this chapter. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter. Within any proposed subdivision, all residential lots shall have a contiguous building envelope of at least 30% greater than the footprint of the proposed building inclusive of garages, patios, decks and walkways.
(f) 
The location of all existing streets, drives, and other access ways; and
(g) 
The location of any existing bodies of water or watercourses, identified floodplain areas, flood fringes and floodplain margins and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(3) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
(b) 
The elevation of the 100-year flood;
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood; and
(d) 
Detailed information concerning any proposed floodproofing measures.
(4) 
The following data and documentation:
(a) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
(b) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(c) 
Detailed information needed to determine compliance with § 295-25F, Storage, and § 295-26, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 295-25F and 295-26 which are intended to be used, produced, stored or otherwise maintained on-site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 295-26 during a 100-year flood.
(d) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(e) 
Where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Building Code Official to the Bucks County Conservation District for review and comment prior to the issuance of a special building permit. The recommendations of the Conservation District shall be considered by the Building Code Official for possible incorporation into the proposed plan.
A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Building Code Official to any other appropriate agencies and/or individuals, including the Borough and the County Planning Commissions, the Borough Engineer, and the Borough Solicitor, etc., for review and comment.
After the issuance of a special building permit by the Building Code Official, 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 Code Official. Requests for any such change shall be in writing, and shall be submitted by the applicant to Building Code Official for consideration.
In addition to the special building permit, the Building Code Official 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 special building permit, the date of its issuance, and the signature of the Building Permit Officer. It shall be prominently displayed and visible from the street. It shall be the obligation of the applicant to make sure that the permit remains visible and in good condition during the course of construction or work.
Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the special building permit or the permit shall expire. applicant may, thereafter, apply for a new permit. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of 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 electrical or other service lines from the street. A special building permit issued during an application under Chapter 390, Subdivision and Land Development, shall remain valid until six months after the issuance of final approval of the final development or land use plans by Borough Council.
A. 
During the construction period, the Building Code Official or other authorized official shall inspect the premises and the entire property 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. There is no limit to the number of inspections and as many inspections as are needed shall be made during and upon completion of the work as are necessary.
B. 
In the discharge of duties, the Building Code Official shall have the authority to walk upon the entire property or to enter any building, structure, premises or development in the identified natural resource protection area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
C. 
In the event the Building Code Official 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 Code Official shall revoke the special building permit and report such fact to the Borough Council for whatever action it considers necessary.
D. 
A record of all such inspections and violations of this chapter shall be maintained.
Applications for a special building permit shall be accompanied by a fee, payable to the Borough based upon the rate structure established by resolution by the Borough Council. The fee shall be in addition to the fees for a regular building permit or land development application.
A. 
Notices. Whenever the Building Code Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, the Building Code Official shall give notice of such alleged violation as provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(4) 
Be served upon the property owner or his agent; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(5) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
B. 
Penalties.
(1) 
Any person who fails to comply with the provisions of this chapter or who fails or refuses to comply with any notice or direction of the Building Code Official or any other authorized employee of the Borough shall be guilty of an offense and, upon conviction, shall pay a fine to Borough of not less than $25 nor more than $600 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days.
(2) 
Each day during which any violation of this chapter continues shall constitute a separate offense.
(3) 
In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter.
(4) 
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.
(5) 
Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter shall be deemed a public nuisance and may be declared as such by the Borough Council and abatable as such.
A. 
Any person aggrieved by any action or decision of the Building Code Official concerning the administration of the provisions of this chapter, may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Building Code Official.
B. 
Upon receipt of such appeal the Borough Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.
C. 
Any person aggrieved by any decision of the Borough Council may seek relief by appeal to court, as provided by the laws of this commonwealth including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.