[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 310.
[Adopted 4-21-2004 by Ord. No. 174]
Washington Township hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code,
Act 45 of 1999,[1] and applicable regulations as promulgated by the Pennsylvania
Department of Labor and Industry, as amended from time to time.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 through 405, as well as those ancillary
codes referenced in Department of Labor and Industry regulations Section
403.21, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal Building Code of Washington Township.
Administration and enforcement of the code within
Washington Township shall be undertaken in any of the following ways
as determined by the Board of Supervisors from time to time by resolution:
A.
By the designation of an employee of the Township
to serve as the municipal code official to act on behalf of the Township;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Township;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this code through
an intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this code on behalf of the
Township; or
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections and
enforcement of the code provisions for structures other than one-family
or two-family dwelling units and utility and miscellaneous use structures.
A Board of Appeals shall be established by ordinance
or resolution of the Board of Supervisors in conformity with the requirements
of the relevant provisions of the code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
Any person who violates or permits a violation
of this article 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 article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
A.
All building code ordinances or portions of ordinances
heretofore adopted by the Township are hereby repealed.
B.
All relevant ordinances, regulations and policies
of the Township not governed by the code shall remain in full force
and effect.
C.
When any building or construction activity is contemplated
within the Township, application shall first be made to the Township
at the Township offices on a form to be provided by the Township for
the issuance of a land use permit. Issuance by the Township of a land
use permit for the specific project shall be a prerequisite to making
application for a construction permit. No construction permit application
will be accepted without a completed land use permit.
D.
Validity of construction permit; revocation.
(1)
All construction permits issued pursuant to this article
shall be valid for one year; provided construction of the structure
being permitted is commenced within six months of the date of issuance
of the construction permit. If construction is not begun within the
said six-month period, the permit shall be void and application for
a new permit must be made prior to the commencement of any construction
on the structure. No extension of the six-month starting period shall
be granted.
(2)
For reasonable cause shown, the one-year period for
completing the construction authorized by a construction permit may
be extended for an additional one-year period. However, not more than
two such extensions shall be granted.
E.
Validity of land use permit; revocation.
(1)
All land use permits issued pursuant to this article
shall be valid for 18 months, provided construction on the project
is begun within nine months of the date of issuance of the land use
permit. If construction is not begun within the said nine-month period,
the permit shall be void and application for a new permit must be
made prior to the commencement of any construction on the project.
No extension of the nine-month starting period shall be granted.
(2)
For reasonable cause shown, the eighteen-month period
for completing the construction authorized by a land use permit may
be extended for an additional eighteen-month period. However, not
more than one such extension shall be granted.
F.
Occupancy permits.
(1)
At the completion of any construction activity for
which either a construction permit or a land use permit is issued,
the project owner or agent of the project owner shall make application
for a building occupancy permit for the structure for which a construction
permit has been issued and application for land use occupancy permit
for the project for which a land use permit has been issued. No land
use occupancy permit shall be issued until a construction occupancy
permit, where required, has been issued.
(2)
No use or occupancy of the premises covered by the
construction permit and the land use permit shall occur until both
required occupancy permits have been issued.
Fees assessable by the Township for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by the Township by resolution from time to time.
[Adopted 11-1-2004 by Ord. No. 179]
The terms of the agreement labeled "Exhibit
A", and attached hereto is hereby adopted by Washington Township.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
The terms of the agreement may be modified in
the future by unanimous resolution of the municipal entity/entities.
