[Adopted 7-19-1999 by Ord. No. 1999-D]
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[1] after the effective date of this article shall conform to the provisions of said code.
[1]
Editor's Note: "PREAMBLE: The Board of Supervisors of Conewago Township, Adams County, Pennsylvania, hereinafter referred to as the Board, after careful evaluation and consideration of the public safety and welfare issues and dangers associated with poor home construction standards, hereby enacts the following ordinance provisions to protect the health and safety of its inhabitants by ensuring that certain minimum standards are met in the fabrication, erection, construction, reconstruction, enlargement, expansion, and repair of one- and two-family dwellings within the Township."
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.[1]
[1]
Editor's Note: Said resolution and the current schedule of fees are on file in the Township offices.
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)
20
Wind pressure (pounds per square foot)
N/A
Seismic condition by zone
1
Weathering
Severe
Frost line depth
Yes, 32 inches
Termite
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.[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
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.