This article shall be known as the "Conewago
Township CABO Code."
The CABO One and Two Family Dwelling Code, 1995
edition, including the 1996 and 1997 supplements thereto, is hereby
adopted as the building and construction code for Conewago Township,
Adams County, Pennsylvania, except as specifically modified herein.
All construction of one-family and two-family dwellings or modifications
thereto as set forth in the preamble stated above after the effective date of this article shall conform
to the provisions of said code.
A schedule of charges shall be established and
fees maintained by the Board from time to time. The fees shall cover
the cost of inspection and plan reviews to ensure compliance with
this article. The schedule of fees may be changed by resolution of
the Board from time to time. The initial schedule of fees is as set
forth in Conewago Township Resolution No. 1997-L, which is incorporated
herein by reference.
Any provisions set forth in the aforesaid code
to the contrary notwithstanding, the following provisions and standards
shall be met in all construction covered by the code and the original
code material adopted hereby is modified as follows:
A. Section 301.2 is modified by inserting the following
design criteria in Table 301.2a:
|
Roof snow load (pounds per square foot)
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20
|
|
Wind pressure (pounds per square foot)
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N/A
|
|
Seismic condition by zone
|
1
|
|
Weathering
|
Severe
|
|
Frost line depth
|
Yes, 32 inches
|
|
Termite
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Yes
|
|
Decay
|
Yes
|
|
Winter design temperature for heating facilities
|
68° F.
|
|
Radon-resistant construction required
|
1
|
B. Section 302.1 is modified by adding: "Separating each
dwelling unit in either attached, row or townhouse units shall be
an eight-inch masonry party wall, extending from the footer to the
roof."
C. Section 310.1, Exits, is modified to require that
two exits shall be provided for any residential dwelling unit.
D. Section 311, Doors and Hallways, is hereby modified
to require that any additional exterior doorways (over and above the
two required in Section 310.1 above) shall not be utilized in any
way that compromises their use as an exit and shall require appropriate
landings (Section 312), ramps (Section 313.1), stairways (Section
314) and handrails and/or guardrails (Section 315).
No person, partnership, firm, association, corporation
or other legal entity shall hereafter fabricate, erect, construct,
reconstruct, enlarge, alter, add to, repair, raze, demolish, remove,
locate or use any one-family and two-family dwellings without first
applying for and obtaining a permit to do so pursuant to this article;
provided, however, that no permit shall be required for minor nonstructural
home repairs and improvements which utilize materials having a value
of not more than $500 for each separate home repair or improvement
project. In case of dispute, the burden of proof as to the value of
the materials used for the project shall be on the person or entity
claiming the exemption.
A. All such applications for a permit shall be made to
the Code Enforcement Officer in writing on forms supplied by said
Code Enforcement Officer.
B. Any person making false statements in connection with
such application process, oral or written, shall be guilty of unsworn
statements to authority, shall be in violation of this article and
shall be subject to immediate revocation of any permit issued in connection
with construction of the one-family or two-family home.
C. All applications shall provide sufficient information
to determine compliance with the provisions of this article.
D. Each application shall be accompanied by the fee prescribed
by this article.
E. Each person or entity holding a permit agrees that
the premises covered by the permit shall be open to inspection or
inspections by the Code Enforcement Officer, his agents or representatives
of Conewago Township at all times until issuance of an occupancy permit.
F. All permits shall expire one year from the date of
issuance.
The Conewago Township Code Enforcement Officer
may waive a provision of the code upon written application for waiver
if the strict application of the code provision or provisions will
cause undue hardship to an applicant or permittee and will not adversely
affect the health and safety of the residents of the dwelling and
neighboring properties. Appeals from an adverse decision for a waiver
or any other decision made by a Township official in regard to the
administration and enforcement of this article shall be to the Board.
The appeal process is as follows:
A. Each appeal to the Board of Supervisors shall be submitted
to the Code Enforcement Officer in writing within 10 days from the
date of the action of the Code Enforcement Officer. The Code Enforcement
Officer shall immediately transmit the appeal to the Township Manager.
B. The appeal shall identify the specific issue to be
reviewed by the Board and the interest of appellant in the property
or project.
C. Upon receipt of an appeal to the Board of Supervisors,
the Township Manager shall:
(1) Fix a time, date and place for the appeal to be heard.
The hearing shall be conducted within 60 days after the date of the
receipt of the request.
(2) Notification of the hearing shall be served personally
or by certified mail on the appellant, the owner of the premises,
if other than appellant, and other parties who have provided notice
of specific interest in the appeal.
D. The decision of the Board of Supervisors shall be
rendered and transmitted to the appellant, owner of the premises and
other interested parties no later than 30 days after the date of the
hearing. This notice shall be given in writing and shall be served
personally or by certified mail. Notice shall be deemed provided under
this provision upon mailing to the address provided by applicant on
the application. Notice to appellant shall be deemed notice to owner.
Nothing in this article is intended to exercise compliance with other Township or state or federal regulations, such as but not limited to Chapter
155, Zoning; Chapter
135, Subdivision and Land Development; Chapter
83, Floodplain Management; and the Pennsylvania Sewage Facilities Act. Furthermore, in case of conflict between the provisions
of this article and the provisions of any other ordinance or regulation,
the more stringent provision or provisions shall apply.
In the event that any provision, section, sentence,
clause or part of this article shall be held to be invalid, such invalidity
shall not affect or impair any remaining provisions, section, sentence,
clause or part of this article, it being the intent of this Township
that such remainder shall be and remain in full force and effect.
Any person who violates or permits a violation
of this article shall be subject to a civil enforcement penalty not
to exceed $600 per violation under the authority and procedures of
the Second Class Township Code, 53 P.S. § 66601, as amended
from time to time, plus court costs and reasonable attorneys' fees.
Each day that the violation continues shall be deemed a separate and
continuing violation which shall subject the violator to a civil penalty
for each day that the violation continues. In addition, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.