Building permits shall be required before any construction or
development is undertaken within any area of the Borough of Wilmerding.
A.
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 and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building 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 Encroachment Act (Act
1978-325, as amended),[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended),[3] and the U.S. Clean Water Act § 404, 33 U.S.C.
§ 1344. 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 Borough of Wilmerding
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Insurance Administrator and
Pennsylvania Department of Community and Economic Development, Bureau
of Community Planning, shall be notified by the Borough of Wilmerding
prior to any alteration or relocation of any watercourse.
A.
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the Borough of
Wilmerding. 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 shall provide all the necessary information in sufficient
detail and clarity to enable the Building Permit Officer to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
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:[1]
(1)
A completed building permit application form.
(2)
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:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines, including dimensions and the size
of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development.
(e)
The location of all existing streets, drives and other accessways.
(f)
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.
(3)
Plans of all proposed buildings, structures and other improvements
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, 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.
(4)
The following data and documentation:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(b)
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.
(c)
(d)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(e)
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.
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 County Conservation District for review and comment prior to the
issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Building Permit Officer for possible
incorporation into the proposed plan.
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,
Borough Engineer, etc.) for review and comment.
After the issuance of a building permit by the Building Permit
Officer, no change 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.
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, the date of its issuance and be signed
by the Building Permit Officer.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 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 Building Permit
Officer. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of 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. Time extensions shall be granted
only if a written request is submitted by the applicant which sets
forth sufficient and reasonable cause for the Building Permit Officer
to approve such a request.
A.
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 Borough 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 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.
C.
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 report such fact to the Borough of Wilmerding for whatever
action it considers necessary.
D.
A record of all such inspections and violations of this chapter shall
be maintained.
Applications for a building permit shall be accompanied by a
fee, payable to the Borough, based upon the estimated cost of the
proposed construction as determined by the Building Permit Officer
at the established rates.
A.
Notices. Whenever the Building Permit Officer or other authorized
Borough representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, or of any regulation adopted pursuant thereto, the Building
Permit 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.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
B.
Violations and 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, upon conviction, shall pay a fine to
the Borough of Wilmerding of not less than $25 nor more than $300
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in County Prison for a period not to exceed 10
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 Council to be a public nuisance and abatable as such.
A.
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 Council. Such appeal must be filed, in writing,
within 30 days after the decision or action of the Building Permit
Officer.
B.
Upon receipt of such appeal, the Council shall set a time and place,
within not less than 10 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.
