Township of Daugherty, PA Article II Administration

§ 81-5 Building permits required.

Building permits under the terms of this chapter shall be required before any construction or development is undertaken within any area of the Township of Daugherty considered to be floodplain, as the same is identified and defined by the terms of this chapter.

§ 81-6 Issuance of building permit.

A. The Zoning 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 Zoning Officer shall review the application for permit to determine if all other necessary governmental 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);

Editor's Note: See 35 P.S. § 750.1 et seq.

the Dam Safety and Encroachments Act (Act 1978-325, as amended);

Editor's Note: See 32 P.S. § 693.1 et seq.

the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended).

Editor's Note: See 35 P.S. § 691.1 et seq.

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 Township of Daugherty and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Township of Daugherty prior to any alteration or relocation of any watercourse.

§ 81-7 Application procedures and requirements.

A. Application for such a building permit shall be made, in writing, to the Zoning Officer on forms supplied by the Township of Daugherty. 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 within or partially within any identified floodplain area, applicants for building permits and special permits shall also provide the following specific information:

(1) A plan of the entire site, drawn at a scale of one inch being equal to 100 feet or less, showing the following:

(a) North arrow, scale and date;

(b) A location map showing the vicinity in which the proposed activity or development is to be located within the municipality;

(c) Topography based upon the National Geodetic Vertical Datum, showing existing and proposed contours at intervals of two feet;

(d) All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;

(e) The location of all existing streets, drives, and other accessways with information concerning widths, pavement types, and construction and elevations;

(f) The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, and any other public or private facilities, and any other natural or man-made features affecting or affected by the proposed activity or development;

(g) The location of the identified floodplain area boundary line, floodway line if available, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water, including direction and velocities; and

(h) A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements, including the location of any existing or proposed subdivision and land development, in order to assure that:

[1] All such proposals are consistent with the need to minimize flood damage;

[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.

(2) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

(a) Detailed architectural or engineering drawings, including building size, floor plans, sections, and exterior building elevations, as appropriate;

(b) The proposed lowest floor elevations of any proposed building based upon National Geodetic Vertical Datum;

(c) Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;

(d) Detailed information concerning any proposed floodproofing measures;

(e) Cross-section drawings for all proposed streets, drives and other accessways and parking areas showing all rights-of-way and pavement widths;

(f) Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades;

(g) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities; and

(h) Soil types.

(3) The following data and documentation:

(a) A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year-flood elevations, pressures, velocities, impact and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

(b) Detailed information needed to determine compliance with § 81-20G, Storage, and § 81-21, Development which may endanger human life, including:

[1] The amount, location and purpose of any materials or substances referred to in §§ 81-20G and 81-21 which are intended to be used, produced, stored or otherwise maintained on site; and

[2] For any proposed structure regulated under § 81-21, a description of the safeguards incorporated into the design of the structure to prevent leaks or spills of the above-mentioned materials or substances during a one-hundred-year flood.

(c) The appropriate component of the Department of Environmental Protection "Planning Module for Land Development."

(d) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

§ 81-8 Changes.

After the issuance of a building permit by the Zoning 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 Zoning Officer.

§ 81-9 Placards.

In addition to the building permit, the Zoning 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 Zoning Officer.

§ 81-10 Start of construction.

A. Work on the proposed construction and/or development shall begin within six 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 Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for 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 for the Zoning Officer to approve such a request.

§ 81-11 Inspection and revocation.

A. During the construction period, the Zoning 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 Township of Daugherty 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 Zoning 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 Zoning 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 Zoning Officer shall revoke the building permit and report such fact to the Board of Supervisors of Daugherty Township for whatever action it considers necessary.

§ 81-12 Fees.

Application for a building permit shall be accompanied by a fee, payable to the Township of Daugherty, based upon the estimated cost of the proposed construction as determined by the Zoning Officer in accordance with the schedule of fees as shall be from time to time adopted by the Supervisors of Daugherty Township.

§ 81-13 Violations and penalties; notices.

A. Notices. Whenever the Zoning 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 regulation adopted pursuant thereto, the Zoning 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 properly 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; and

(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 or direction of the Zoning Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of Daugherty of not less than $500 nor more than $1,000 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 90 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 within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Township Supervisors to be a public nuisance and abatable as such.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 81-14 Appeals.

A. Any person aggrieved by any action or decision of the Zoning Officer refusing to grant a modification to the provisions of this chapter covering the development of land or the manner of construction or materials to be used in the erection, alteration, modification, etc., of a building or structure may appeal to the Township Supervisors. Such appeal must be filed, in writing, within 30 days after the decision or action of the Zoning Officer.

B. Upon receipt of such appeal, the Township Supervisors shall set a time and place, within not less than 10 days nor more than 30 days, 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.

C. Any person aggrieved by any decision of the Township Supervisors may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Floodplain Management Act.

Editor's Note: See 32 P.S. § 679.101 et seq.