[HISTORY: Adopted by the Borough Council
of the Borough of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-7-1993 by Ord. No. 93-1]
A.
It shall be unlawful for any person, firm, association
or corporation to erect, construct, enlarge, alter, repair, move,
remove or demolish any building, structure, dwelling, or dwelling
unit within the limits of the Borough unless a permit therefor shall
be first secured from the Zoning Officer.
B.
Notwithstanding the foregoing, no permit shall be
required for maintenance or repairs of any building, structure, dwelling
or dwelling unit where the fair market cost of that work is less than
$500. This threshold amount for the cost of such work below which
amount no permit will be required may be changed by resolution from
time to time as may be deemed appropriate by the Council of the Borough
of Jefferson.
[Amended 4-3-2017 by Ord.
No. 2017-02]
C.
The permit required by this article is in addition to any construction permit required pursuant to Article II, Uniform Construction Code, of this chapter. However, if a building permit is required by the Uniform Construction Code for the same work for which a renovation/demolition permit would be required pursuant to this article, then the issuance of a building permit pursuant to Article II of this chapter shall satisfy the requirements of this article, without the need for an additional permit. The permit required pursuant to this article is required only in the event no permit is required in Article II.
[Added 2-2-2009 by Ord.
No. 2009-01]
As used in this article, the following terms
shall have the meanings indicated:
A combination of materials forming a structure, edifice or
a construction, which shall be safe and stable and is adapted to permanent
or continuous occupancy for public, institutional, residence, business
or storage purposes. The term "building" shall include any part of
the building.
A building, structure or other combination of materials,
which combination requires location on or in the ground, designed,
used or capable of being used for living or sleeping purposes within
the Borough for a period of more than 30 days in any period of one
year.
A dwelling or portion of a dwelling designed to provide living
facilities for any family or person.
The replacement or correction of damage of any existing building,
dwelling, dwelling unit or structure, or any part thereof, with the
same kind of material as had been used therein, but not including
any additional work done or proposed to be done to affect or advance
the structural safety of the building.
A combination of materials forming a construction or man-made
object which shall be safe and stable and is capable of having an
ascertainable stationary location on or in land or water, whether
or not affixed to land. The term "structure" includes, but is not
limited to, stadiums, gospel and circus tents, garages (private or
public), gasoline and bituminous storage tanks (including underground
tanks), platforms, stagings, observation towers, radio towers, water
tanks and towers, trestles, piers, sheds, coal bins, cesspools, swimming
pools and any walks associated therewith, greenhouses, fences, walls,
private walks, display signs, driveways, parking areas and lots, patios,
decks and porches. The term “structure” shall include
any part of the building.
Every permit shall expire 12 months from the
date of issuance. Upon written request from the permittee, the Zoning
Officer may extend a permit by six months because of hardship.
The Zoning Officer may require an application
for permit should clarification be needed that all requirements are
being met pertaining to other Borough ordinances. The Zoning Officer
may require all drawings and specifications be submitted to him for
inspection. The Zoning Officer may require the Borough Engineer to
inspect the premises of the applicant, and the Borough Engineer is
hereby authorized to do so. If in the opinion of the Borough Engineer
the construction, repair or alteration is a violation of law or ordinance,
he shall refer the application for permit to the Borough Council,
which shall pass upon the application.
The property upon which the work is to be performed
must comply with all other ordinances of the Borough and all applicable
laws and regulations of the State of Pennsylvania or any of its agencies
or political subdivisions before a permit may be issued hereunder.
Before a permit may be issued by the Zoning
Officer, the appropriate fee for same must be paid in full. The fee
for permits shall be established by resolution from time to time as
deemed appropriate by the Borough Council.
The permittee shall, continuously and at all
times during the work, post the permit at a conspicuous place on the
premises where the work is being performed.
It shall be unlawful to erect, enlarge, alter,
move or remove any building or structure on the designated building
line of any highway, street or alley without first securing from the
Borough Engineer the proper grade and line and being governed thereby.
During the erection or repair of any building
or structure a passageway at least five feet wide shall be kept open
along the sidewalk, which passageway shall be provided with a board
roof, if deemed necessary by the Zoning Officer.
It shall be unlawful to store any building materials
in the area of a public sidewalk or to the edge of a street or alley;
and it shall be unlawful to place any equipment or any dumpster or
other receptacle for refuse, or to place any refuse, in or upon any
public sidewalk or in or upon any right-of-way of any highway, street
or alley during construction. Should the area of the sidewalk and
curb be under permit for repair or construction, both ends of the
construction site shall be blocked with a trestle and blinking yellow
light to render safe travel.
All cellars, ditches or other open excavations
must be kept drained and must be protected by sufficient cover, guardrails,
fences and trestle with warning lights.
Upon completion of the work covered by a permit,
the permittee shall within 60 days thereafter file a written statement
of completion with the Zoning Officer. That statement shall describe
the nature and actual cost of the work which was performed under the
permit. Upon filing such statement, the permittee shall pay any additional
fees for the amount by which the actual cost of the work exceeded
the estimate upon which the initial fee was paid.
It shall be unlawful for the owner of any real
estate in the Borough to allow or permit such property to be used
in violation of this article.
Any person, corporation, partnership, company,
firm, association, or other entity who shall violate the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus the costs of prosecution, and
in default thereof, be sentenced to imprisonment in the York County
Prison for a period of not more than 30 days. Each day of violation
of this article shall constitute a separate offense.
In addition to the foregoing penalties, the
Borough may take or pursue any and all other remedies as it may deem
appropriate, including actions at law or in equity.
Jefferson Borough Ordinance Nos. 62-5, 71-3,
1972-1 and 77-5 are hereby specifically repealed. All other ordinances
or parts of ordinances which are inconsistent with this article are
hereby repealed to the extent of such inconsistency.
[Adopted 6-7-2004 by Ord. No. 2004-05]
The Borough hereby elects to administer and
to enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, and its regulations, as presently enforced and as
may be amended from time to time.
The Uniform Construction Code contained in 34
Pa. Code, Chapters 401-405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the Jefferson Borough
Building Code (hereinafter "Code").
Administration and enforcement of the Code within
the Borough shall be undertaken in any of the following ways as determined
by Borough Council from time to time by resolution:
A.
By the designation of an employee of the Borough to
serve as the Borough Code Official to act on behalf of the Borough.
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Borough.
C.
By agreement with one or other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the
Borough.
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections, and
enforcement of structures other than one-family or two-family dwelling
units and utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution
of the Borough Council in conformity with the requirements of the
relevant provisions of the Code and for the purposes set forth therein.
If the Borough elects to establish a Board of Appeals with other municipalities,
such intergovernmental cooperation is hereby authorized. If at any
time enforcement and administration is undertaken jointly with one
or other municipalities, the Board of Appeals shall be established
by joint action of the participating municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by the Borough on or before July 1, 1999, and which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the Code, as amended from time
to time.
B.
All building code ordinances or portions of ordinances
which are in effect as of the effective date of this article and whose
requirements are less than the minimum requirements of the Code are
hereby amended to confirm with the comparable provisions of the Code.
C.
All relevant ordinances, regulations and policies
of the Borough not governed by the Code shall remain in full force
and effect.
Fees assessable by the Borough for the administration
and enforcement undertaken pursuant to this article and the Code shall
be established by the Borough Council by resolution from time to time.
Any owner or person, as those terms are defined
in the UCC, who or which violates or permits a violation of this articles
or the provisions of the UCC shall, upon conviction thereof, be guilty
of a summary offense, which shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payments thereof,
the defendant may be sentenced to imprisonment for a term not to exceed
90 days. Each day or portion thereof that such violation continues
or is permitted to continue, and each section of this article or of
the UCC that is violated, shall constitute a separate offense.
The Borough is hereby authorized to enter into
an intergovernmental agreement with Seven Valleys and Spring Grove
Boroughs, Paradise Township, all of York County, Pennsylvania, and
Hamilton Township of Adams County, to jointly administer the UCC,
and jointly create a Board of Appeals pursuant to the UCC, a copy
of which is on file in the Borough office and is incorporated herein
by reference, and the Borough Council President and Secretary are
hereby authorized to execute that agreement on behalf of the Borough.[2]
