[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown 5-20-2004 by Ord. No. 2004-03; amended in its entirety 2-20-2014 by Ord. No. 2014-01. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Abbottstown
Borough Construction and Materials Specifications Ordinance."
The purpose of this chapter is to provide for the health, safety
and welfare of the residents and property owners of Abbottstown Borough
by establishing a comprehensive set of specifications for construction
and materials applicable to land development and associated improvements
throughout the Borough.
This chapter shall apply to land development and associated
improvements of or on land located, in whole or in part, in the Borough,
and to street, sanitary sewer, storm sewer, water main, or other facilities
in connection therewith, except as may be regulated by other ordinances
of the Borough, subject to the following:
A.
All building permit applications are subject to the prevailing Borough
Zoning Ordinance and other applicable ordinances.
B.
All subdivision and land development plans are subject to the prevailing
Borough Zoning Ordinance and Subdivision and Land Development Ordinance,
and all other applicable ordinances.
C.
Whenever there exists a conflict between this chapter and any other
applicable ordinances, the more stringent requirement shall apply.
The construction and material specifications that are the subject
of this chapter are set forth in the document entitled "Construction
and Material Specifications, Abbottstown Borough, Adams County," which
document is attached hereto at Exhibit A and made a part of this chapter
as if set forth herein in its entirety.
A.
The Council, at its sole discretion, may grant a modification, including
(but not limited to) a waiver of a specification when the literal
enforcement is shown to the satisfaction of the Council to be unreasonable,
or to cause undue hardship, or when an alternative specification can
be demonstrated to provide equal or better results; provided, in each
case, that such modification will not be contrary to the public interest
and that the purpose and intent of this chapter is observed. The Council
may grant a modification subject to condition(s).
B.
A request for modification shall be in writing and shall identify
the specification involved, state in full the grounds and facts of
unreasonableness, hardship or equal or better results on which the
request is based, and specify the minimum modification necessary.
The Borough Engineer, or any other agent specifically designated
by the Council of the Borough of Abbottstown for this purpose, shall
have primary administration and enforcement responsibility and authority
under this chapter.
Any person violating any of the provisions of this chapter,
or who assists in the violation of this chapter, shall be subject
to a fine of not less than $100 nor more than $1,000, plus costs of
prosecution, including reasonable attorney's fees. Every violator
of a provision of this chapter shall be deemed guilty of a separate
offense each and every day such violation continues and shall be subject
to the penalty imposed by this section for each and every separate
offense. Enforcement shall be by action brought before a magisterial
district judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Municipal Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under Pa.R. Crim.P.
No. 454 (relating to trial in summary cases).
A.
An appeal from the administration or enforcement of this chapter
by the Borough Engineer, or other designated officer of the Borough,
may be taken to the Borough Council.
B.
An appeal from the decision of the Borough Council (i) on appeal
from the administration or enforcement of this chapter by the Borough
Engineer, or other designated officer, or (ii) granting or denying
a request for modification, may be taken to the Court of Common Pleas
of Adams County within 30 days of the date of the decision.
