[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 4-1-1957 by Ord. No.
2-1957 ; amended 6-7-2004 by Ord. No. 3-2004[1] (Ch. 65 of the 1985 Code). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 213.
Property maintenance — See Ch. 288.
Sewers and sewage disposal — See Ch. 326.
Stormwater management — See Ch. 339.
Streets and sidewalks — See Ch. 344.
Subdivision of land — See Ch. 350.
Zoning — See Ch. 400.
[1]
Editor's Note: This ordinance provided for an effective date
of 7-1-2004, except for Sections 19 and 20 of said ordinance, which
sections provided for intergovernmental agreements and the contents
of which are not published herein.
The Borough hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999,[1] as amended from time to time, and its regulations, in
34 Pa. Code, Chapters 401 to 405, (collectively referred to as the
"UCC").
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The UCC is hereby adopted and incorporated herein by reference
and shall be known as the "Spring Grove Borough Building Code."
Administration and enforcement of the UCC 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
municipal 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 more 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 Borough
Council in conformity with the requirements of the relevant provisions
of the UCC, as amended from time to time, and for the purposes set
forth therein. The Board of Appeals may also be established by joint
action of the Borough with other participating municipalities as provided
by the UCC.
A.
All building code or building permit chapters of this Code, including Article II of this chapter, or portions of chapters which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the UCC, are hereby amended to conform to the comparable provisions of the UCC.
B.
All relevant chapters of this Code, and regulations and policies
of the Borough not governed by the UCC, shall remain in full force
and effect, and any permits required by Borough ordinances, or state
or federal statutes or regulations, which are not superseded by the
UCC, including, but not limited to, zoning, driveway, sewage, highway,
or NPDES permits, as applicable, shall continue to be required.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the UCC shall be established by the Borough Council by resolution from time to time. All fees for permits and inspections required by the UCC and this article and all other chapters of this Code shall be paid before any permits are issued, and any additional fees which shall become due shall be paid before the issuance of a use and occupancy certificate. Fees authorized by this section are intended to be, and shall be, construed as compatible with the fees set forth in Article II, § 175-23.
No building permit shall be issued pursuant to this chapter
for any new building or structure that will utilize an on-site sanitary
sewer system until a permit for such system has been issued by the
Township's Sewage Enforcement Officer. If the new building or structure
will connect to a public or community sanitary sewer system, then
the applicant must first provide to the Borough's Building Code Official
evidence satisfactory to the Borough of the applicant's irrevocable
right to connect to the system in sufficient capacity for the proposed
use.
Final inspections and occupancy permits as required under the UCC shall be conducted or issued in conjunction with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 400, Zoning, of the Code of the Borough of Spring Grove. No inspection or certificate shall be conducted or issued under either this chapter or Chapter 400 separately from the other. It shall be the responsibility of the applicant to request such inspections or certificates from both the Borough's Building Code Official and Zoning Enforcement Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required certificates within the time set by the UCC and Chapter 400, Zoning.
Any owner or person, as those terms are defined in the UCC,
who or which violates or permits a violation of this article or the
provisions of the UCC shall, upon conviction by a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, 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 chapter or of
the UCC that is violated, shall constitute a separate offense.
If any section, subsection, sentence or clause of this chapter
is held for any reason to be invalid, such decision or decisions shall
not affect the validity of the remaining portions of this chapter.
A.
It shall be unlawful for any person, firm, association or corporation to erect, construct, enlarge, alter, repair, move, remove or demolish any building and/or structure within the limits of the Borough of Spring Grove, York County, Pennsylvania, without a permit. For those activities that are controlled by Article I, the UCC shall control the issuance of such permits. All other permits, and to the extent that the permit sections of the UCC are not incompatible, the conditions and provisions for permits under Article I, shall be controlled by this Article II.
B.
The permit issued pursuant to this section shall be titled renovation/demolition
permit.
[Added 5-2-2005 by Ord.
No. 3-2005]
C.
The permit required by this section is in addition to any construction permit required pursuant to Article I of this chapter, the Spring Grove Borough Building Code. However, if a construction permit is required pursuant to Article I for the same work for which a permit would be required pursuant to this section, then the issuance of a construction permit pursuant to Article I shall satisfy the requirements of this section, without the need for an additional permit. The permit required pursuant to this section is required only in the event no permit is required by Article I.
[Added 5-2-2005 by Ord.
No. 3-2005]
As used in this chapter, the following terms shall have the
meanings indicated:
A combination of materials to form a construction that is
safe and stable and adapted to permanent or continuous occupancy for
public, institutional, residence, business or storage purposes. The
term "building" shall be construed as if followed by the words "or
part thereof."
Those repairs or replacements identified as exempted from
permitting requirements by § 403.62 of the UCC regulations,
or such other comparable provisions of those regulations.
A combination of materials to form a construction that is
safe and stable, including, among others, 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, trestle, piers, sheds,
coal bins, cesspools, swimming pools, greenhouses, fences, walls,
private walks, parking lots, driveways, patios and display signs.
The term "structure" shall be construed as if followed by the words
"or part thereof."
Permits are to be granted for a definite period not to exceed
nine consecutive months, except in the case of an extensive project
for which the applicant may specify an estimated completion date,
on which date the permit shall expire or the Permit Officer may grant
an extension of time if he deems it justified. If the permit period
expires without an extension of time, the applicant must procure another
permit in the same manner and under the same conditions as to fees
and duration as in the case of an original permit.
No building permit shall be issued unless an application has
been made to the Permit Officer in the form provided for that purpose.
Said application shall be signed by the person, firm, association
or corporation desiring the permit or by a duly authorized agent or
contractor. The application shall set forth the exact location, extent
and the character of construction, repair or alteration to the building
or structure. The Permit Officer may require all drawings and specifications
to be submitted to him for inspection. The Permit Officer may require
the Borough Engineer to investigate 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 permittee shall 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.
Any person who shall change or remove any stake or other designation by which any grade or line so given is indicated shall be guilty of a violation of this article and, upon conviction, shall be punishable as provided in § 175-25.
During the erection or repair of any building or structure,
a passageway at least four feet wide shall be kept open along the
sidewalk, which passageway shall be provided with a board roof if
deemed necessary by the Permit Officer.
It shall be unlawful without a permit under this article to
store any building materials on any highway. With a permit, materials
may be stored immediately in front of the premises in question and,
if the owners thereof shall give their consent, in front of one adjoining
property on each side of said premises. The materials shall in no
wise extend toward the center of the highway more than 10 feet from
the curbline, nor shall any materials or temporary structure obstruct
the free flow of water in the gutter or along the curb. The Borough
Engineer shall have authority to remove, at the cost of the owner
or contractor, any unnecessary or unreasonably lengthy obstruction
in the highway after 48 hours' notice to the offending party. Highways
used under any permit shall be restored by the user to the original
condition.
When any portion of the highway is used under permit, the user
shall place red lanterns conspicuously every night from dark until
sunrise to render the highway safe for travel.
All cellars, ditches or other excavations must be kept drained
and must be protected by sufficient cover, guardrails, fences and
red lanterns.
A.
No permit shall be issued until the fee prescribed in this chapter
shall have been paid, nor shall an amendment to a permit be approved
until the additional fee, if any, due to an increase in the estimated
cost of the building or structure shall have been paid.
B.
No fee shall be required for maintenance or for repairs as defined in § 175-12. For a permit for the construction, alteration or addition of any kind or nature of a building or structure, the fee shall be in such amount as shall be from time to time established by the Borough Council by resolution.
C.
For a permit for the removal of a building or structure from one lot to another, the fee shall be charged in the amount set forth in § 175-22B above and shall be established in the same manner as set forth therein.
D.
For a permit for the removal of a building or structure to a new
location within the same lot, the fee shall be in such amount as shall
be from time to time established by the Borough Council by resolution
and shall be based on the estimated cost of moving, of new foundations
and of work necessary to put the building or structure in usable condition
on its new location.
E.
For a permit for the demolition of a sign or structure where the
cost of such demolition is greater than $500, the fee shall be in
such amount as shall be from time to time established by the Borough
Council by resolution.
F.
Signs.
(1)
No display sign shall hereafter be erected, relocated or altered
without first obtaining a permit therefor; but no permit will be required
for repairing, repainting or refurbishing a display sign.
(2)
For a wall sign which extends out from the building and is less than
250 square feet in area, a fee shall be charged in such amount as
shall be from time to time established by the Borough Council by resolution.
All other signs extending from the building exceeding 250 square feet
in area shall be classed as a billboard.
(3)
For painted wall signs attached to or painted on to a building, a
fee shall be in such amount as shall be from time to time established
by the Borough Council by resolution.
(4)
For all outdoor electric signs, a fee shall be in such amount as
shall be from time to time established by the Borough Council by resolution.
G.
Stormwater facilities fee. In addition to any other permit fees required
by this section, all new construction and additions to present structures
that create impervious surface, including parking lots, driveways,
patios and walkways, except curbs and sidewalks within public rights-of-way,
shall be assessed a fee in such amount as shall be from time to time
established by the Borough Council by resolution. All fees collected
pursuant to this subsection shall be deposited in an escrow account
to be used for the construction, maintenance and improvement of stormwater
facilities within the Borough.
Upon completion of the work covered by a permit, the permittee
shall, within 60 days thereafter, file a written return with the Permit
Officer describing the nature and actual cost of the work done under
the permit. Upon filing such return, the permittee shall pay any additional
fees in accordance with the foregoing schedule of rates for the amount
by which the actual costs exceed the estimate, or the Permit Officer
shall refund any overpayment by reason of overestimating the original
cost.
No return shall be required where the cost of the work done
under the permit does not exceed $1,000.
Any person, firm, association or corporation who violates any
of the provisions of this article shall, for such offense, pay a penalty
of not more than $1,000, and the costs thereof, upon conviction before
the Magisterial District Judge, and, in default of payment thereof,
shall be confined to the county jail for a period of not less than
one nor more than 30 days.
To the extent not otherwise regulated by Article I, any industrial establishment may apply for, and the Permit Officer shall issue, a blanket permit to cover a six-month period. The application need not set forth the exact location, extent and the character of the construction, repair or alteration as required by § 175-14. The application shall state, however, the total estimated cost of the work contemplated during the six-month period, and the fee prescribed in § 175-22 based on this estimated cost shall be paid. Within 30 days after the close of such six-month period, the applicant shall file with the Permit Officer a certificate setting forth the total actual cost of all work completed during said period and shall classify all work included in the total cost as to new construction, alteration, addition, repair, removal or demolition. Upon the filing of this certificate, adjustment in the fee paid shall be made based on the total actual cost stated in the certificate.
