[Adopted 4-17-1978 by Ord. No. 555 (Ch. 4, Part 2, of the 1988 Code of Ordinances)]
This article shall be known and may be cited as the "Borough Building Ordinance."
[Amended 8-15-1988 by Ord. No. 682; 5-21-1990 by Ord. No. 705]
The design standards contained in the 2009 International Codes issued by the International Code Council (ICC), as adopted by the Pennsylvania Uniform Construction Code, are adopted by reference as the design standards of the Borough of Clifton Heights. All electrical components, equipment and systems in buildings and structures covered by the International Building Code must comply with the requirements of NFPA 70-2008, National Electric Code.
Each application for a building permit for the construction or major alteration of a building shall include a plan for grading and drainage, sealed by a registered professional engineer and/or architect, which shall provide for adequate drainage facilities to carry off surface or subsurface waters into the drainage facilities in the Borough.
No building permit shall be issued unless the plan for grading and drainage is approved by the Borough Engineer.
The grading and drainage plan will demonstrate that such proposed change of grade will not cause damage to adjoining and adjacent property owners by reason of drainage of surface or subsurface waters.
The grading and drainage plan will provide for temporary sediment and debris protection during construction and excavation activities.
The grading and drainage plan will provide for final restoration of the property.
The grading and drainage plan will provide for the installation of on-site stormwater detention facilities for all properties 1/2 acre or more and will provide for the installation of on-site stormwater control facilities under the permit applications and will provide drainage easements and/or releases from adjacent property owners, properly recorded, to provide for release of stormwater across adjacent properties.
Plan submittal and waiver of requirements. Site, subdivision, and building plans submitted to the Building Inspector and/or Borough Engineer will include plans and design calculations for each detention facility proposed. Detention facilities shall be designed so that they do not become health or safety hazards. In the case that exact compliance with this article would result in the inability to use the land as it is permitted to be used by zoning classification, the applicant may appeal to the Borough Council for a determination. Upon determination, the Borough Council may waive or vary the requirements of the ordinance to the extent necessary to allow permitted land use to exist in such a way as to maintain the maximum stormwater detention system.
Improvements on developed or undeveloped areas. Whenever any work for which a site development plan or a building permit is required is undertaken on a developed site or previously undeveloped site, then the person or persons undertaking the work shall provide stormwater detention capacity sufficient to accommodate the maximum storage required for a twenty-five-year storm at the runoff rate on the developed site (using the applicable runoff coefficient) and a release rate which would be equivalent to that for the ten-year rainstorm using an assumed runoff coefficient of 0.2 on the site work. Any substantial remodeling which has no impact on stormwater runoff from the site is exempted from this article and shall not be considered "work" as that word is used in this section.
Maintenance. All plans submitted for stormwater detention systems shall describe an adequate procedure of normal maintenance for the detention system. Any failure of the stormwater system, due to inadequate normal or capital maintenance, shall be the responsibility of the owner of the property on which the detention system is located. It shall also be the property owner's responsibility to remedy any negligence in maintenance that resulted in the failure of the system. Periodic inspection by the Highway Department will be made to determine conformity with this article. The submittal of plans for such a system or the purchase of property on which such a system is located shall be deemed an acceptance of responsibility for normal and capital maintenance of the system.
All plans for major subdivision (three or more lots) shall be submitted to the Delaware County Conservation District for comment and review.
The surface drainage plan will show exit grades, proposed grades and proposed surface drainage by arrows showing the direction of runoff for each property and/or lot.
Development agreements will be required for all subdivisions and for the construction of all buildings and major alterations in the Commercial District, the Industrial District, and the R-2 District. The developer will provide suitable construction escrow for public improvements, the sum to be determined by the Borough Engineer, with 15% of the sum to be held in escrow until final acceptance and dedication of public improvements.
All inspections shall be the responsibility of the Borough Engineer or, in his absence, a qualified person acceptable to the Borough Engineer and the Borough Council.
All applicants shall bear all costs of inspections required hereunder and shall deposit with the Clifton Heights Treasurer such sum as the Borough Engineer shall determine to guarantee payment of the costs of such inspections. The costs of inspections shall be at the rate charged by the Borough Engineer, the inspectors, etc.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation violating any provisions of this article shall, upon summary conviction before any Magisterial District Judge, be sentenced to pay a fine not exceeding $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each and every day in which any person, firm or corporation shall be in violation of this article shall constitute a separate offense.
Notification of violation: by the Borough Secretary upon receipt of a written report from the inspector(s) and/or Borough Engineer and/or Fire Marshal.