This Part 3 shall apply to and govern the construction, alteration,
repair, movement, equipment, removal, demolition, location, maintenance,
occupancy or change of occupancy of every building or structure and
to the installation, enlargement, alteration, repair, removal, conversion
or replacement of electrical, gas, mechanical and plumbing systems
which occurs on or after the effective date of this Part 3 and all
existing buildings or structures which are not legally occupied. Exceptions
to application of the UCC as set forth in the Act and/or administrative
regulations shall apply and are incorporated herein by reference.
This Part 3 shall not be deemed to modify or amend any other municipal ordinances, including but not limited to Chapter 125, Subdivision and Land Development, Chapter 145, Zoning, and Chapter 116, Stormwater Management, except as expressly stated in this Part 3 or in the UCC. This Part 3 is intended to apply to and govern construction and other activities which are expressly subject to the UCC and to continuing use, occupancy and maintenance of buildings and structures after issuance of a UCC certificate of occupancy as provided in the adopted codes.
A.
No application for a construction or other UCC permit shall be accepted,
nor shall any proposed construction plan be considered for any property
in the Township until the applicant has first complied with all other
regulations governing the proposed activity, these including but not
limited to subdivision, land development, zoning and stormwater management
regulations and required workers' compensation and liability insurance.
B.
Prior to submitting an application for a construction or other permit under the UCC, the property owner or other qualified applicant shall submit to the Township's Zoning Administrator an application for a zoning permit on a form prescribed by the Board of Supervisors. A zoning permit shall not be issued unless the application complies with all regulations exclusive of those under this Part 3. Any appeal from issuance, denial, suspension or revocation of a zoning permit shall be taken to the Zoning Hearing Board in accordance with provisions of Chapter 145, Zoning.
C.
For purposes of this Part 3, a "zoning permit" shall pertain to all regulations in Chapter 145, Zoning, Chapter 125, Subdivision and Land Development, Chapter 116, Stormwater Management, and other state or federal laws, ordinances of the Township or regulations which pertain to the proposed use or activity, excepting only the UCC, this Part 3 and regulations implementing the UCC.
D.
Upon issuance of a zoning permit for the proposed activity, all construction
design, plans and activity shall be conducted in accordance with terms
of the issued zoning permit, and with regulations of other Township
ordinances and approved subdivision, development and/or stormwater
management plans.
E.
Except for those matters which are certified in writing by the Township's
Zoning Administrator not to require issuance of a Township zoning
or other permit, no application for UCC construction or other permit
shall be accepted nor any permit issued until such Township zoning
or other permit has first been issued.
F.
In performance of plan review, inspection and other services required
under the UCC, the retained building code official(s) and construction
code officials shall ensure that such construction is designed and
conducted in strict conformity with the approved zoning permit. Failure
to design or perform construction in conformity with the issued zoning
permit shall be grounds for issuance of corrective notices, stop-work
orders and other administrative enforcement measures under the UCC.
The retained building code official, in writing, shall notify the
Township's Zoning Administrator immediately upon detecting any violation
of an issued zoning permit and/or approved building location in the
plans.
(1)
Location of building(s) must be in accordance with the issued zoning
permit. During a foundation inspection, the building code official
shall review and certify compliance with location of buildings and
structures as shown on the zoning permit by confirmation of location
on a copy of the zoning permit. If such inspection discloses a violation
of the zoning permit, the Township's Zoning Officer shall be notified
immediately. In other cases, the Zoning Officer shall be furnished
with a copy of the confirmed zoning permit site plan within seven
days after the foundation inspection.
(2)
No approval of any stage of construction shall be issued where such
construction is in violation of or deviates from terms of the issued
zoning permit.
(3)
No UCC certificate of occupancy shall be issued where the construction
is in violation of terms of an issued zoning permit.
(4)
The Zoning Administrator and other Township officials responsible
for enforcement of regulations other than those in the UCC and this
Part 3 shall retain full authority to enforce such regulations. A
stop-work order issued by a Township officer after violation of a
regulation subject to the zoning permit shall be communicated to the
building code official, who shall suspend work on UCC-related activities
for the subject property until such time as the Township certifies
that violations of the zoning permit have been corrected.
(5)
A UCC certificate of occupancy issued by the retained building code
official shall constitute a certification that construction has been
performed which meets requirements of the UCC and shall authorize
occupancy and use of the constructed improvement(s).
(6)
The building code official shall not issue a certificate of occupancy
until the Zoning Administrator has confirmed that all requirements
of the issued zoning permit have been fully complied with.
(7)
Within five business days after receipt of notice from the building
code official that it has completed final inspection and, aside from
requirements of the zoning permit, is able to issue a UCC certificate
of occupancy, the Zoning Administrator shall determine whether all
requirements in the zoning permit and other Township ordinances have
been complied with and either authorize the building code official
to issue the certificate of occupancy if requirements of the zoning
permit have been satisfied or advise the building code official and
the applicant in writing of those measures which must be taken for
a certificate of occupancy to be issued.
G.
Where an application for permit pertains only to the installation,
repair, removal, maintenance or alteration of equipment, does not
involve or pertain to construction activity requiring a building permit,
and further does not involve construction activity other than to the
interior of a building or structure, a change of use of the building
or property and/or activity which would require subdivision, land
development or stormwater management regulation, an application for
zoning permit shall not be required prior to receipt of and action
on a UCC permit. This exception shall be strictly construed and is
not intended to apply when such activities are conducted in circumstances
that do involve local regulations.
