[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."
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.
A.
No building permit shall be issued unless the plan for grading and
drainage is approved by the Borough Engineer.
(1)
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.
(2)
The grading and drainage plan will provide for temporary sediment
and debris protection during construction and excavation activities.
(3)
The grading and drainage plan will provide for final restoration
of the property.
(4)
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.
B.
Criteria.
(1)
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.
(2)
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.
(3)
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.
(4)
All plans for major subdivision (three or more lots) shall be submitted
to the Delaware County Conservation District for comment and review.
(6)
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.
A.
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]
A.
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.
B.
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.
