Building permits shall be required before any
construction or development is undertaken within any area of the Borough
of Catasauqua.
A.
The Code Enforcement Officer shall issue a building
permit only after it has been determined that the proposed work to
be undertaken will be in conformance with the requirements of this
and all other applicable codes and ordinances.
B.
Prior to the issuance of any building permit, the
Code Enforcement Officer shall review the application for the permit
to determine if all other necessary government permits required by
state and federal laws have been obtained, such as those required
by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
No encroachment, alteration, or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Borough
of Catasauqua and until all required permits or approvals have been
first obtained from the Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands. In addition, the Federal Insurance
Administrator and Pennsylvania Department of Community and Economic
Development shall be notified by the Borough of Catasauqua prior to
any alteration or relocation of any watercourse.
A.
Application for such a building permit shall be made,
in writing, to the Code Enforcement Officer on forms supplied by the
Borough of Catasauqua. Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed
construction is to occur.
(3)
Name and address of contractor.
(4)
Site location.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
B.
If any proposed construction or development is located
entirely or partially within any identified floodplain area, applicants
for building permits shall provide all the necessary information in
sufficient detail and clarity to enable the Code Enforcement Officer
to determine that:
(1)
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this and
all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
C.
Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 145-27) as may be required by the Code Enforcement Officer to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the
following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and land development;
(e)
The location of all existing streets, drives,
and other access ways; and
(f)
The location of any existing bodies of water
or watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
(3)
Plans of all proposed buildings, structures and other
improvements, drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed
building based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood; and
(d)
Detailed information concerning any proposed
floodproofing measures.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the one-hundred-year
flood.
(b)
(c)
The appropriate component of the Department
of Environmental Protection's "Planning Module for Land Development."
(d)
Where any excavation of grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection, to implement and maintain erosion and sedimentation control.
A copy of all applications and plans for any
proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the Code
Enforcement Officer to the County Conservation District for review
and comment prior to the issuance of a building permit. The recommendations
of the Conservation District shall be considered by the Code Enforcement
Officer for possible incorporation into the proposed plan.
A copy of all plans and applications for any
proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Code Enforcement
Officer to any other appropriate agencies and/or individuals (e.g.,
planning commission, municipal engineer, etc.) for review and comment.
After the issuance of a building permit by the
Code Enforcement Officer, no changes of any kind shall be made to
the application, permit or any of the plans, specifications or other
documents submitted with the application without the written consent
or approval of the Code Enforcement Officer. Requests for any such
change shall be in writing, and shall be submitted by the applicant
to Code Enforcement Officer for consideration.
In addition to the building permit, the Code
Enforcement Officer shall issue a placard which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the building permit, the date of
its issuance, and be signed by the Code Enforcement Officer.
A.
Work on the proposed construction and/or development
shall begin within six months and shall be completed within 12 months
after the date of issuance of the building permit or the permit shall
expire unless a time extension is granted, in writing, by the Code
Enforcement Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings, or the installation of sewer, gas and water pipes,
or electrical or other service lines from the street.
B.
Time extensions shall be granted only if a written
request is submitted by the applicant, which sets forth sufficient
and reasonable cause of the Code Enforcement Officer to approve such
a request.
A.
During the construction period, the Code Enforcement
Officer or other authorized official shall inspect the premises to
determine that the work is progressing in compliance with the information
provided on the permit application and with all applicable municipal
laws and ordinances. He shall make as many inspections during and
upon completion of the work as are necessary.
B.
In the discharge of his duties, the Code Enforcement
Officer shall have the authority to enter any building, structure,
premises or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
C.
In the event the Code Enforcement Officer discovers
that the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Code Enforcement Officer shall revoke the building
permit and report such fact to Borough Council for whatever action
it considers necessary.
D.
A record of all such inspections and violations of
this chapter shall be maintained.
Applications for a building permit shall be
accompanied by a fee set by Borough Council by resolution from time
to time.[1]
A.
Notices. Whenever the Code Enforcement Officer or
other authorized municipal representative determines that there are
reasonable grounds to believe that there has been a violation of any
provisions of this chapter, or of any regulations adopted pursuant
thereto, the Code Enforcement Officer shall give notice of such alleged
violation as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of
30 days for the performance of any act it requires;
(4)
Be served upon the property owner or his agent as
the case may require; provided, however, that such notice or order
shall be deemed to have been property served upon such owner or agent
when a copy thereof has been served with such notice by any other
method authorized or required by the laws of this state;
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
B.
Penalties. Any person 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 notice, order of direction of the Code
Enforcement Officer or any other authorized employee of the municipality
shall be guilty of an offense and, upon conviction, shall pay a fine
to the Borough of Catasauqua of not less than $100 nor more than $600,
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in county prison for a period not to exceed 10
days. Each day during which any violation of this chapter continues
shall constitute a separate offense. In addition to the above penalties
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this chapter. The imposition of a fine
or penalty for any violation of, or noncompliance with, this chapter
shall not excuse the violation or noncompliance or permit it to continue
and all such persons shall be required to correct or remedy such violations
and noncompliances with a reasonable time. Any development initiated
or any structure of building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this chapter may be declared
by Borough Council to be a public nuisance and abatable as such. Any
person found guilty of violating an ordinance shall be assessed court
costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Amended 4-1-2013 by Ord. No. 1288]
A.
Any person aggrieved by any action or decision of
the Code Enforcement Officer concerning the administration of the
provisions of this chapter may appeal to the Code Hearing Board of
the Borough of Catasauqua. Such appeal must be filed, in writing,
within 30 days after the decision, determination or action of the
Code Enforcement Officer.
B.
Upon receipt of such appeal the Code Hearing Board
shall set a time and place, in accordance with their regulations,
for the purpose of considering the appeal. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
