[HISTORY: Adopted by the Board of Supervisors of the Township of Athens 6-29-1994 by Ord. No. 112. Amendments noted where applicable.]
ATTACHMENTS
062a App A Building Permit Proc
[Amended 4-29-1995 by Ord. No. 119]
This chapter establishes the requirements and procedures to be used to obtain a building permit for the construction, reconstruction, enlargement, alteration, addition, relocation, conversion or demolition of any building or structure. It also provides for the penalties for any person(s), partnership, corporation or developer who fail(s) or refuse(s) to comply with the requirements or provisions of this chapter by denying the issuance of a permit to any person, partnership, corporation or developer who fails or refuses to comply with the requirements of any applicable statutes that are imposed by Bradford County or authorized agencies of the Commonwealth of Pennsylvania or the federal government.
[1]
Editor's Note: Ord. No. 113, adopted 8-31-1994, as it pertains to this Ch. 62, provided as follows:
That the Building Permit Ordinance, as adopted on June 29, 1994, shall supplement the prior legislation as follows:
A. To the extent that the Building Permit Ordinance deals with construction and demolition in areas other than those in or adjacent to flood-prone areas, the ordinance shall supersede any other provisions inconsistent with the ordinance either adopted prior to the Flood Damage Prevention Ordinance or in the Flood Damage Prevention Ordinance.
B. That the provisions for fees in the said Building Permit Ordinance shall supersede any other provision for fees other than the areas in or adjacent to the flood-prone area.
C. That any provisions in the said ordinance adopted June 29, 1994, dealing with areas adjacent to or in flood-prone areas shall not be inconsistent but shall supplement the Flood Damage Prevention Ordinance, and whichever ordinance provision shall be more restrictive shall continue in full force and effect.
D. That all provisions in the said Building Permit Ordinance dealing with procedures for securing an application for a permit shall supersede the provisions of the Flood Damage Prevention Ordinance except for the provisions of Article III, Article IV and Article V together with §§ 87-17 and 87-18 of the Flood Damage Prevention Ordinance.
[Amended 4-29-1995 by Ord. No.119]
A. 
The following is hereby enacted and ordained by the Board of Supervisors of the Township of Athens, County of Bradford and Commonwealth of Pennsylvania. It shall be unlawful to undertake or cause to be undertaken the development or demolition of any building or structure unless an approved building permit has been obtained from the Athens Township Building Permit Officer which is in compliance with this chapter, the Subdivision and Land Development Ordinance,[1] the Flood Damage Protection Ordinance[2] and the Dangerous Building Ordinance.[3]
[1]
Editor's Note: See Ch. 139, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 87, Flood Damage Prevention.
[3]
Editor's Note: See Ch. 63, Buildings, Dangerous.
B. 
A building permit shall not be required for repairs commonly associated with the maintenance of a building or structure, such as roof repairs or replacing a window with a door or addition of storm windows or siding; for minor or nonextensive repairs costing less than $1,000; or for the construction or use of temporary building(s) or structure(s), provided that they are not placed adjacent to a floodplain. A building permit shall not be required for internal construction or renovations which do not affix to the exterior of the building and which shall cost less than $5,000. Any construction to the exterior of a building that adds a roof or steps, however, does require a building permit.
The Athens Township Supervisors have the jurisdiction, control and powers necessary to enforce the provisions of this chapter.
The Athens Township Building Permit Officer, as an authorized representative of the Board of Supervisors, shall have administrative control over the building or demolition permit regulation. All building and demolition permit applications shall be submitted to the Building Permit Officer for review and approval or disapproval in accordance with the provisions of this chapter.
The Board of Supervisors, or any of its authorized representatives, acting in good faith and without malice in the discharge of its duties, shall not render itself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of its duties. Any suit brought against the Board, its authorized representative(s) or employees because of such an act or omission performed in the enforcement of this chapter be defended by the Township until final determination, and any judgment thereof shall be assumed by the Township. This chapter shall not relieve or lessen the responsibility of a developer of a building or structure for any damages in the person or property caused by defects, nor shall the Board, its authorized representative(s) or employees assume any such liability by reason of building or demolition permit application, review, approval, disapproval or inspection authorized by this chapter.
A. 
Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Definitions and word use provided in the Subdivision and Land Development Ordinance[1] shall also apply where applicable.
[1]
Editor's Note: See Ch. 139, Subdivision and Land Development.
B. 
For the purposes of this chapter, the following definitions shall apply:
ACCESSORY BUILDING
A building subordinate to and detached from the main building and located on the same lot or tract of land.
ACCESSORY STRUCTURE
A structure subordinate to and detached from the main structure and located on the same lot or tract of land.
ALTERATION
Any construction activity which in any way changes or modifies, whether internally or externally, the physical shape or dimensions of the structure and results in a modification or change.
APPLICANT
The developer who is making a formal request or who has filed a building permit application, his heirs, successors and assigns.
BUILDING
Any roofed structure built for support, shelter or enclosure of persons, animals or chattels of any kind and is affixed to the land, including stick built, modular, manufactured or mobile home set up in any location.
BUILDING PERMIT OFFICER
A designated or authorized Athens Township Supervisors' representative charged with the administration and recommendation for the enforcement of this chapter.
CONSTRUCTION
The erection, placement or assembly of a building or stricture at a definite stationary location, including additions, extensions, expansions and relocation of buildings or structures and any internal or external alterations to prepare a building for commercial or industrial use. The placement of a manufactured or mobile home is included in this definition as long as it is not a replacement or manufactured or mobile home in a manufactured or mobile home park or court.
CONVERSION
The change from one form or use to another.
DEMOLITION
The destruction, pulling down, tearing down, destruction or otherwise extinguishing a building or structure or portion thereof.
DEVELOPER
Any person, partnership, corporation, agent, contractor or assign who makes or causes to be made a building permit application.
ENLARGEMENT OR ADDITION
Anything that results in an increase in size or volume of a building or structure.
EXISTING BUILDING
A building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.
RECONSTRUCTION
The activities covered under the definition of "construction" involved in the replacement of the building which shall have been damaged by fire or other hazard.
RELOCATION
Transporting or replacing a structure with a similar or like structure.
REPAIRS, MINOR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep.
STRUCTURE
Any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. Included in this definition shall be, but is not limited to, driveways, decks, signs, carports, porches, balconies, underground swimming pools, sheds, barns, sanitation or any accessory building. Construction of fences or of signs smaller than 25 square feet in size and replacement pads for a mobile home of the same or smaller size shall be exempted from the definition of a "structure," but their location shall comply with the Flood Protection Ordinance.[2]
TEMPORARY BUILDING OR STRUCTURE
The construction or use of a building or structure for residential, nonresidential or commercial use, where the activity will be completed or terminated within 180 consecutive days from the time the activity has started. This building or structure can be designed with or without a permanent foundation. This includes park trailers, travel trailers and other similar recreational vehicles placed on a site for not in excess of 180 consecutive days which are not fully licensed and highway ready.
[2]
Editor's Note: See Ch. 87, Flood Damage Prevention.
C. 
Any accessory building or structure for agricultural purposes which does not exceed 160 square feet shall be exempted from the definitions herein, but its location shall comply with the Flood Protection Ordinance.[3] This exemption shall not apply to a farm silo.
[3]
Editor's Note: See Ch. 87, Flood Damage Prevention.
A building permit application shall be submitted to the Building Permit Officer for any or all of the following activities. These activities shall not commence without the permit being issued in accordance with § 62-14 of this chapter.
A. 
Construction.
B. 
Reconstruction.
C. 
Enlargement or addition.
D. 
Alteration.
E. 
Relocation.
F. 
Conversion.
G. 
Demolition.
A. 
Application or notice to the Building Permit Officer is not required for minor repairs to a building or structure or temporary activities, such as construction trailers, which use buildings, structures or vehicles of any type in the conduct of work, or temporary activities such as carnivals, seasonal recreational buildings or structures which are highway-ready, or activities which have no direct bearing on increasing potential flood damage or aggravating flooding conditions.
B. 
Minor repairs do not include conversions from a residential to commercial use, the enlargement or addition of space of a commercial or industrial use, the removal or change of any commercial or industrial means of ingress or egress or rearrangement of parts of a structure affecting the ingress or egress requirements or other work affecting public health or general safety.
C. 
If a temporary activity continues after 180 consecutive days, the activity shall comply with the requirements of the Subdivision and Land Development Ordinance[1] and this chapter.
[1]
Editor's Note: See Ch. 139, Subdivision and Land Development.
Application for a building permit shall be made in writing on forms supplied by the Athens Township Municipality and be accompanied by the required fee as prescribed in § 62-22 of this chapter.
A. 
Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or developer employed in connection with the proposed work. If the application is made by a person other than the owner or lessee, it shall be accompanied by an affidavit of the owner or lessee to the effect that the proposed work is authorized by the owner or lessee and that the applicant is authorized to make such an application.
B. 
The full names and addresses of the owner, lessee (or responsible officers, if the owner or lessee is a corporate body), the applicant and the hired contractor (if he is going to perform some or all of the work) shall be stated on the application. The Workers' Compensation Act requires that the contractor state, on the application form filed by him, his workers' compensation policy number, the name of the insurance company and the contractor's federal or state employer identification number. If the contractor signs a notarized affidavit stating that he has no employees and is not required to carry workers' compensation insurance, the building permit shall state the contractor's federal or state employer identification number and a notation that the contractor has no other employees and does not carry worker's compensation insurance and that the contractor is not permitted to employ any individuals to perform work under the building permit. As proof of insurance, the contractor shall provide, either directly or through the contractor's insurer or agent, a workers' compensation certificate which includes the effective date of the coverage and the signature of the insurer, which shall be kept on file with the building permit. A property owner or lessee who is his own contractor is excluded from the worker's compensation requirement.
The application shall contain a general description of the proposed work and the site location of the proposed work, with reference to the street, abutting properties and any near floodplain surrounding the proposed work.
[Amended 4-29-1995 by Ord. No. 119]
A. 
The site plan shall reference the date and drawing number of the approved subdivision or land development plan and clearly illustrate the location of the project, all proposed buildings and structures, existing buildings and structures, property lines, right-of-way, width of each side yard and depth of the front yard, existing setback distances at time of subdivision and the location of the public or private sewage system. All dimensions and distances, not necessarily to scale, shall be shown on the site plan with sufficient clarity to indicate the nature and extent of the work proposed.
B. 
If the proposed work is for an in-ground pool of any kind, the site plan shall include the dimensions of the pool and a fence of at least four feet in height completely surrounding the swimming pool. Aboveground pools or hot tubs or saunas are excluded from the requirement of a building permit.
C. 
If the proposed work is in or near a floodplain area, the applicant shall provide a plot plan, using the services of a professional engineer or registered surveyor, the location of the floodplain boundary, the stream channel, the boundary of the floodway and flood elevation data along with the direction of water flow and approximate water velocities and the lowest floor elevation of the proposed building or structure.
D. 
If the proposed work is a demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot.
E. 
All site plans shall show evidence of compliance with the Flood Damage Protection and/or the Subdivision and Land Development and/or the Dangerous Building Ordinances[1] and the Township Sewage Authority before a building permit is issued.
[1]
Editor's Note: See Chapters 87, 139 and 63, respectively.
Subject to the time limitation of the proposed construction completion and written consent of the Building Permit Officer, amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the permit is sought or issued. Such amendments shall be deemed part of the original application and shall be approved or disapproved by the Building Permit Officer and filed therewith.
A. 
The Building Permit Officer shall examine and evaluate all applications for permits and amendments thereto and render an approval or disapproval within 30 days of the date of application.
B. 
If the permit is denied, the Building Permit Officer shall provide a brief explanation of the reason for disapproval and set forth remedial actions that would lead to its approval.
The Building Permit Officer's signature shall be provided on every issued permit.
The Building Permit Officer shall issue a placard which shall be displayed on the proposed construction during the time construction is in progress. The placard shall show the number of the building permit, the date of its issuance and the approved amendment changes and shall be signed by the Building Permit Officer.
Work on the proposed construction or demolition shall begin within six months after the date of issuance of the building permit, or the permit shall expire. The Building Permit Officer shall grant one or more extensions of time for additional periods not exceeding 90 days each if reasonable cause is provided and added to the permit application. Construction shall be considered to have started with the first placement of permanent work on the site, excluding land preparation, clearing, grading, filing, excavation or erection of temporary forms.
A. 
Upon such time as the forms shall have been set up for pouring the cellar foundation pad, piling or other structure or other support for a structure, the contractor or owner shall thereupon give notice to the Building Permit Officer, who shall inspect the premises to determine that the work is progressing in compliance with the information and data provided on the permit application and with all county, state, federal statutes and Township ordinances.
B. 
During the construction or demolition period, the Building Permit Officer or other authorized Township official may inspect the premises to determine that the work is progressing in compliance with the information and data provided on the permit application and with all county, state, federal statutes and Township ordinances.
C. 
In the event that the Building Permit Officer judges that the work does not comply with the permit application, any amendments or any application statutes or ordinances, or the permit application contains false statements or misrepresentations, the Building Permit Officer shall issue to the owner or lessee a stop-work order, in writing. The stop-work order shall state the specific violations and the conditions under which work may be resumed.
D. 
If the notice of violation is not complied with within 30 days, the Building Permit Officer shall request the Township Solicitor to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the construction.
[Amended 4-29-1995 by Ord. No. 119]
A. 
Any building or structure shall be completed within three years after the date of permit issue. The applicant shall notify the Building Permit Officer within 30 days after the completion of the construction or demolition. A final inspection shall be performed by the Building Permit Officer to assure that the finished construction or demolition conforms in all important respects to the application plan and approved amendments. Otherwise, the building permit application must be revised. All revisions shall comply with all provisions of this chapter.
B. 
In the case of any unoccupied premises for which a building permit shall have been issued, such premises shall not be occupied until such final inspection shall be performed.
Before a building or structure is demolished or removed, the owner or developer shall notify all utilities having service connections with the building or structure. A permit to demolish or remove the building or structure shall not be issued until a release is obtained from the utilities. This release shall be attached to the building application permit.
Whenever a building or structure is demolished or removed, the lot shall be maintained free from all unsafe or health-hazardous conditions, waste burial or open pits by performing lot restoration to established grades. Location for dumping the materials shall be specified in the application.
Applications for a building permit shall be accompanied by a fee, payable to the Athens Township Supervisors, as shown by the following rates:
Estimated Value of Construction
Fee
$1,000 to $30,000
$30
$30,000 to $100,000
$65
$200,000 to $500,000
$250
$500,000 and over
$400
Estimated Cost of Demolition
Fee
$100 to $500
$10
$500 to $1,000
$20
More than $1,000
$20, plus $2 for each additional $1,000 or fraction thereof
When an application for a permit is filed after construction of a building or structure has been started or completed, there shall be a late filing fee of $15 in addition to the other fees imposed under this chapter.
There shall be no fee charged for the following activities where no violations exist in this chapter, the Subdivision and Land Development Ordinance, the Flood Damage Protection Ordinance or the Dangerous Building Ordinance:[1]
A. 
Where the construction cost is less than $1,000 in the case of external construction or $5,000 in the case of internal construction only or the cost of the construction, reconstruction, enlargement, alteration, addition or relocation is less than $1,000 or the cost of demolition is less than $100.
B. 
Temporary activities.
C. 
Replacement of a mobile home with an existing mobile home in a mobile home park.
D. 
Any accessory building or structure which does not exceed 160 square feet.
E. 
Any structure which does not exceed 25 square feet.
F. 
Conversion of a building or structure without alteration of the existing exterior dimensions. Excluded is conversion from a residential use to a commercial use or the conversion from a commercial or industrial use to another commercial or industrial use.
G. 
Aboveground swimming pools, hot tubs or saunas.
[1]
Editor's Note: See Chapters 139, 87 and 63, respectively.
The Building Permit Officer may examine and determine the actual cost of the proposed construction or demolition, taking into consideration such contracts, estimates and material cost as shall be supplied by the owner, lessee or contractor. The determination of the Building Permit Officer shall be reflected in the fee charged for the construction. The determination of the Building Permit Officer shall be final as far as calculating the cost of the filing fee, based upon his consideration of the reasonable cost of construction and demolition of similar properties; provided, however, that the applicant shall be allowed to take an appeal to the Board of Supervisors in the event of dispute as to such calculation.
[Amended 10-27-1999 by Ord. No. 159; 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No. 133; 7-30-1997 by Ord. No. 135]
Any developer who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notices, order or direction of the Building Permit Officer shall be guilty of a summary offense. Upon conviction thereof, such person shall be subject to a fine of not less than $50 nor more than $600.
A. 
Any developer aggrieved by written notification and action taken by the Building Permit Officer or other agency may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the date of the written notification.
B. 
Upon receipt of such appeal, the Board of Supervisors shall set a time and place not less than 10 and not more than 30 days from the receipt of the appeal for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be published and notice given to all parties, at which time they may appear and be heard.