[Adopted 7-2-1975 by Ord. No. 68 (Ch. 4, Part 1, of the
1984 Code of Ordinances)]
This article shall be known as the "Jacobus Borough Building
Permit Ordinance."
[Amended 9-6-1978 by Ord. No. 71A; 3-7-1984 by Ord. No. 87]
Unless otherwise expressly stated, the following words shall,
for the purpose of this article, have the meanings herein indicated:
Any change, rearrangement, enlargement, moving, relocation,
removal or demolition of any structure or of the structural parts
thereof.
The Borough of Jacobus.
The construction, erection, location, placement, altering,
raising, fabricating, making, repairing, enlarging, paving or restoration
of any structure or part thereof, but not including the mere painting
or finishing of surfaces when not accompanied by any other activity
herein referred to.
An enclosed structure having a roof supported by columns,
walls, arches or other devices and adapted to occupancy or use for
public, institutional, residence, commercial, manufacturing or storage
purposes.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The elevation of the center line of the street as officially
established by the Borough.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
The dividing line between the street and the lot.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers. The term
includes, but it is not limited to, the definition of "mobile home"
as set forth in regulations governing the Mobile Home Safety and Construction
Standards Program [24 CFR 3282.7(a)].
Includes an individual, partnership, association, firm, trust,
club, company or corporation.
Any device for visual communication used for the purpose
of bringing a subject to the attention of the public.
A thoroughfare within the right-of-way which affords the
principal means of access to abutting properties and is used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A thoroughfare within the right-of-way which affords the
principal means of access to abutting properties and is used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register or a State Inventory of Historic Places.
[Amended 9-6-1978 by Ord. No. 71A]
A.
It shall be unlawful for any person to build or alter any building
or structure in the Borough without having obtained a permit therefor
as herein provided.
B.
It shall be unlawful for any person to begin work for the building
or alteration of any building or structure or on a development unless
and until a building permit has been duly issued therefor.
A.
All applications for building permits shall be filed with the Building
Permit Officer on the forms provided for that purpose.
B.
All applications shall be accompanied by a drawing showing the shape,
size and dimension of the lot to be built upon, the size and location
of all buildings or structures existing thereon, and the size and
location of all buildings or structures proposed to be built or altered.
C.
Such applications shall set forth the name and address of the applicant,
the location of the site, the name of the builder and architect, the
zoning district, the estimated cost of the proposed building or structure,
a description of each proposed building or structure and all other
information which may be required to determine whether the provisions
of this article and all other ordinances of the Borough have been
and will be complied with.
D.
Within 10 days after receipt of an application for a building permit,
the Building Permit Officer must grant or refuse the permit. If the
permit is not granted, he must state, in writing, the grounds for
his refusal. The applicant may appeal the decision to the governing
body or Zoning Hearing Board, where applicable.
A.
When a building permit is required under § 82-3 of this article, the fee for such permit shall be based upon the estimated cost of building or alteration in the amount of $1 for each $1,000 of such cost or fraction thereof; provided, however, that the minimum fee for any permit shall be $2.
B.
At the time of filing by the applicant of the report of completion
hereinafter provided for, the applicant shall simultaneously therewith
pay to the Building Permit Officer any additional fee based upon any
difference between the estimated cost of building or alteration and
the actual cost thereof.
C.
On a permit issued for the moving of an existing building or structure
to a different location, the fee shall be based upon the cost of such
removal.
A.
No permit shall be issued for the building or alteration of any building
or structure within the right-of-way limits of any street or highway,
with the exception of drainage structures, curbing, or pavement.
C.
No permit shall be issued for the building or alteration of any building
or structure unless surface drainage of the land, as required, is
provided for.
D.
No permit shall be issued for the building or alteration of any building
or structure upon land in a subdivision unless and until a final plan
of such subdivision shall have been approved and properly recorded.
E.
No permit shall be issued unless or until any required sewerage permits
have been issued.
A.
All buildings or structures built or altered shall conform to the
lines and grades of the streets and highways on which they abut.
B.
All excavations and ditches shall be kept adequately drained, and
all such excavations, ditches, supplies and materials on or about
the premises shall be properly protected, screened, shielded or covered
and illuminated at night to avoid drainage or injury to persons or
property.
C.
All building permits shall be immediately posted by the applicant
at a conspicuous place on the premises upon which the work is to be
performed and shall remain posted thereon until completion of the
work.
D.
All building permits shall expire unless the work authorized therein
shall have been undertaken within a period of 90 calendar days from
the date of issuance and unless such work shall have been fully completed
within a period of one calendar year from the date of issuance; provided,
however, that, in the case of large or extensive projects, the applicant
may specify the estimated project completion date upon concurrence
of the Building Permit Officer, on which date the permit shall expire,
or the Building Permit Officer may extend the time for completion
to a period not exceeding two years from the date of issuance.
E.
No work shall be undertaken or resumed after a permit has expired
unless and until a new application has been filed, the fee herein
specified has been paid with such new application, and a new permit
has been issued.
Within 90 days from or after the date of completion of work
authorized by the permit, the applicant shall file with the Building
Permit Officer, on a form provided for that purpose, a report certifying
the completion of the work and setting forth the actual cost thereof
and shall pay to the Building Permit Officer any additional fee provided
for herein.
It shall be the duty of the Building Permit Officer to forthwith
revoke any building permit issued hereunder if it shall be determined
that the same shall have been improperly or wrongfully issued by reason
of any false statement in the application or by reason of any mistake
of fact or law or that the work therein authorized would constitute
the violation of any statute or ordinance. Such revocation shall become
effective upon the mailing by the Building Permit Officer to the applicant
at his address shown in the application thereof. Upon such revocation,
all work authorized by said permit shall immediately cease and shall
not be resumed unless and until a permit therefor has been properly
issued.
Upon the violation of any of the terms of this article or of
any rule or regulation made hereunder, the Borough may, in addition
to any other remedies, institute, in the name of the Borough, any
appropriate action or proceeding at law or in equity to prevent, restrain,
correct or abate any such violations.
The provisions of this article shall not be taken or construed
to conflict with or otherwise limit the provisions of any other statute
or ordinance imposing any other or greater requirements or restrictions,
and in the event of any such duplication, the provisions imposing
the greater requirement or restriction shall prevail.
[Amended 3-7-1984 by Ord. No. 87; 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.
