[Ord. 1106, 1/20/2009]
Building permits shall be required before any construction or
development is undertaken within any area of the Borough.
[Ord. 1106, 1/20/2009]
1.
The Building Permit 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 chapter and all other
applicable codes and ordinances.
2.
Prior to the issuance of any zoning permit, the Building Permit Officer
shall review the application for the permit to determine if all other
necessary government 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
3.
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 Borough and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection Regional Office. In addition,
the Federal Emergency Management Agency and Pennsylvania Department
of Community and Economic Development shall be notified by the Borough
prior to any alteration or relocation of any watercourse.
[Ord. 1106, 1/20/2009]
1.
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the Borough. Such
application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location, including address.
E.
Listing of other permits required.
F.
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
G.
A plan of the site showing the exact size and location of the proposed
construction, as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Building Permit Officer to determine
that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this chapter and all other
applicable codes and ordinances;
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage; and
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
3.
Applicants shall file the following minimum information, plus any
other pertinent information as may be required by the Building Permit
Officer to make the above determination:
A.
A completed building permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
All property and lot lines, including dimensions, and the size
of the site, expressed in acres or square feet;
(4)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(5)
The location of all existing streets, drives, and other accessways;
and
(6)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building
based upon the North American Vertical Datum of 1988;
(2)
The elevation of the one-hundred-year flood;
(3)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood; and
(4)
Detailed information concerning any proposed floodproofing measures.
(5)
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 through 405, as amended, and Section 1612.5.1, Section
104.7 and Section 109.3 of the current version of the IBC, as provided
by Pennsylvania State Law, and Sections R106.1.3 and R104.7 of the
current version of the IRC.
D.
The following data and documentation:
(1)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces 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.
(2)
Detailed information needed to determine compliance with § 8-404F, Storage, and § 8-406, Development Which May Endanger Human Life, including:
(a)
The amount, location and purpose of any materials or substances
referred to in §§ 8-404F and 8-406 which are intended
to be used, produced, stored or otherwise maintained on site.
(3)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(4)
Where any excavation of grading is proposed, a plan, meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
[Ord. 1106, 1/20/2009]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Building Permit Officer to
the Borough Engineer for review and approval prior to the issuance
of a building permit. The recommendations of the Borough Engineer
shall be considered by the Building Permit Officer and incorporated
into the proposed plan.
[Ord. 1106, 1/20/2009]
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Building Permit Officer to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
etc.) for review and comment.
[Ord. 1106, 1/20/2009]
After the issuance of a building permit by the Building Permit
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
Building Permit Officer. Requests for any such change shall be in
writing and shall be submitted by the applicant to the Building Permit
Officer for consideration.
[Ord. 1106, 1/20/2009]
In addition to the building permit, the Building Permit 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 and the date of its issuance and be
signed by the Building Permit Officer.
[Ord. 1106, 1/20/2009]
1.
During the construction period, the Building Permit 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 municipal laws and
ordinances. He shall make as many inspections during and upon completion
of the work as are necessary.
2.
In the discharge of his duties, the Building Permit 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.
3.
In the event the Building Permit 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 Building Permit Officer shall revoke the building
permit and take whatever action is deemed necessary.
4.
A record of all such inspections and violations of this chapter shall
be maintained.
5.
The requirements of 34 Pa. Code, Chapters 401 through 405, and IBC
(Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and IRC (Sections R106.1.3,
109.1.3 and R104.7), the current versions thereof as per Pennsylvania
State Law, pertaining to elevation certificates and record retention
shall be considered.
[Ord. 1106, 1/20/2009]
Applications for a building permit shall be accompanied by a
fee, payable to the Borough, based upon the Borough's fee schedule
currently in effect as established by resolution of the Borough Council
from time to time.
[Ord. 1106, 1/20/2009]
1.
Notices. Whenever the Building Permit 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 regulations adopted pursuant thereto, the Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D.
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
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
2.
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 Building Permit
Officer or any other authorized employee of the Borough shall be guilty
of an offense and, shall, upon conviction thereof, be sentenced to
pay a fine not less than $500 or exceeding $1,500 and costs or to
imprisonment for a term not to exceed 30 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 Borough
Council to be a public nuisance and abatable as such.
[Amended by Ord. 1170, 3/16/2021]
[Ord. 1106, 1/20/2009]
1.
Any person aggrieved by any action or decision of the Building Permit
Officer concerning the administration of the provisions of this chapter
may appeal to the Borough Council. Such appeal must be filed, in writing,
within 30 days after the decision, determination or action of the
Building Permit Officer.
