[HISTORY: Adopted by the Board of Supervisors of Carroll Township 6-20-2000 by Ord. No. 43. Amendments noted where applicable.]
This chapter shall be known as the "Carroll Township Building Permit Ordinance."
For the administration of this chapter, a Building Permit Officer, who shall not hold any elective office in the municipality, shall be appointed by the Carroll Township Board of Supervisors. The Building Permit Officer shall report directly to the Carroll Township Board of Supervisors. The Building Permit Officer may hold other positions and duties in the Township as seen fit by the Carroll Township Board of Supervisors.
It shall be the duty of the Building Permit Officer, or a duly authorized representative, to enforce all rules and regulations applicable to this chapter within Carroll Township.
The regulations contained herein shall not apply in the case of normal maintenance activities, minor repairs, and alterations that do not structurally change a building or structure.
It shall be unlawful to construct, enlarge, alter, remove or demolish, or to commence to construct, enlarge, alter, remove or demolish, other than what is permitted in § 51-4, any building or structure without first filing an application in writing with the Building Permit Officer of Carroll Township and obtaining the required permit.
The application for a building permit shall be submitted pursuant to the requirements of this chapter along with the required fee. The application shall have attached thereto as exhibits written evidence of compliance by the applicant with all pertinent state, county, and/or municipal statutes, ordinances, and/or regulations and no permit shall be issued by the Building Permit Officer until all such statutes, ordinances, and/or regulations have been complied with by the applicant.
The owner of the building or structure, or an authorized agent thereof, shall file all building permit applications. The application shall contain the full name and address of the owner(s), owner's signature and, if the owner is a corporate body, the name of its responsible officer.
The building permit application shall include a general description of the proposed work, the location, building setbacks, the proposed use and occupancy of all parts of the building or structure, plot plan, reference to an approved land development plan, if required, verification of sewage system approval, if required, erosion and sedimentation control plan approval, if required, and market value of the proposed work.
All work relating to a building permit shall begin within one year of the date of issuance or said permit shall expire, except where a time extension has been granted in writing by the Building Permit Officer.
The Building Permit Officer shall act upon a request within 30 days following receipt of a completed application. In the case of an incomplete application, the Building Permit Officer shall notify the applicant of the deficiencies within seven days following receipt of the building permit application. Failure of the applicant to address the deficiencies shall result in the application being denied.
A temporary building permit for structures/buildings associated with, but not limited to, a construction trailer and temporary sales office may be authorized by the Building Permit Officer, upon issuance of a zoning permit by the Zoning Officer. Such permit shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years. All temporary structures/buildings and uses shall comply with the provisions of this chapter and Chapter 138, Zoning.
No permit to construct, enlarge, alter, remove or demolish, or to commence to construct, enlarge, alter, remove or demolish, other than what is permitted in § 51-4, shall be issued until the proper fees have been paid to the Building Permit Officer.
The Building Permit Officer shall keep an accurate account of all fees collected and such fees shall be immediately given to the Township Secretary/Treasurer and deposited into the appropriate banking account.
The fee schedule is based on the market value of construction activity. Fee schedule and market value determination shall be set by resolution by the Carroll Township Board of Supervisors.
The building permit issued in accordance with this chapter shall be conspicuously posted on the building itself or in the immediate vicinity thereof at all times until work is completed.
All multifamily dwelling units hereinafter constructed shall have a smoke alarm on each floor, which said smoke alarms shall be tied together on the same circuit.
All multifamily dwelling units shall be constructed with a vertical fireproof wall of a five-eighths-inch fire shield, or six-inch masonry wall between all residential units to extend up to the roofline.
On the effective date of the Pennsylvania Construction Code Act, Act 45 of 1999, all residential and nonresidential construction activity shall comply with the provisions and procedures of Act 45. Sections of this chapter which are not consistent with the provisions of Act 45 shall be automatically repealed upon its effective date.
Before a residential dwelling or nonresidential structure is permitted to be occupied or used, the Building Permit Officer shall issue a certificate of occupancy. The certificate of occupancy shall ensure that the dwelling or structure complies with the provisions of this chapter and all Carroll Township ordinances, as well as certification of compliance by the Carroll Township Sewage Enforcement Officer.
The Building Permit Officer, upon consultation with the Zoning Officer, may revoke a building permit issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans serving as the basis on which the permit was issued.
Any person aggrieved by this chapter, except as provided in § 51-5B, may appeal the Building Permit Officer's decision to the Carroll Township Board of Supervisors. Such appeal must be filed in writing with the Secretary/Treasurer of the Township within 10 days after the decision of the Building Permit Officer. Upon receipt of such appeal, the Board of Supervisors shall schedule a public hearing, pursuant to public notice, 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 by certified mail, return receipt requested, at which time they may appear. Appeals of § 51-5B shall be made to the Carroll Township Zoning Hearing Board.
Appeals to the Carroll Township Board of Supervisors shall contain the following information:
The name and address of the applicant.
The name and address of the owner of the real estate to be affected by such proposal.
A brief description and location of the real estate to be affected by such proposal.
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
A statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the appeal.
Any other pertinent data required by the Carroll Township Board of Supervisors, and/or Building Permit Officer, as appropriate to their individual authorities set forth in this chapter.
In such instances where building construction activity or a change of use is regulated by the Pennsylvania Department of Labor and Industry, as authorized by the Pennsylvania Code, Title 34, the applicant shall present proof that the Department of Labor and Industry has reviewed and approved the activity prior to the issuance a building permit and/or a certificate of occupancy.
Except as indicated in Subsection B below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. 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.
If enforcement of this chapter is regulated under 53 P.S. § 66601(c.1)(2) of the Second Class Township Code, any person who violates or permits a violation of this chapter, shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor 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 chapter that is violated shall also constitute a separate offense.