[Ord. 3/3/1977, § 1; as amended by Ord. No. 81-2,
9/9/1981]
1.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, the construction, reconstruction
enlargement, or relocation of any building or structure unless an
approved building permit has been obtained from the Municipal Building
Permit Officer.
2.
A building permit shall not be required for repairs to existing buildings
or structures, provided that no structural changes are involved.
[Ord. 3/3/1977, § 2; as amended by Ord. No. 1988-2,
12/13/1988]
For the purposes of this Part, the following definitions shall
apply:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed
to or in the ground or to any other building or structure permanently
affixed to or in the ground. Included shall be such things as driveways,
carports, porches, swimming pools, etc.
[Ord. 3/3/1977, § 3]
1.
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the municipality.
Such application shall contain at least 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, if other than applicant.
D.
Site location.
E.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
[Ord. 3/3/1977, § 4; as amended by Ord. No. 81-2,
9/9/1981]
The Building Permit Officer shall promptly issue a building
permit only after it has been determined that the proposed construction
will be in conformance with all applicable requirements and regulations.
[Ord. 3/3/1977, § 5]
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 or specifications submitted with the application
without notifying the Building Permit Officer.
[Ord. 3/3/1977, § 6]
The building permit shall be displayed on the premises during
the time construction is in progress.
[Ord. 3/3/1977, § 7; as amended by Ord. No. 81-2,
9/9/1981]
Work on the proposed construction shall begin within six months
after the date of issuance of the building permit or the permit shall
expire unless a time extension is requested, in writing, to the Building
Permit Officer. Construction shall be considered to have started with
the first placement of permanent construction of the site, such as
the pouring of slabs or footings or any work beyond the stage of excavation.
For a structure without a basement or poured footings, the start of
construction includes the first permanent framing or assembly of the
structure or any part thereof on its pilings or foundation, or the
affixing of any prefabricated structure or mobile homes to its permanent
site. Permanent construction does not include land preparation; land
clearing; grading; filling; excavation for 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 electric or other service lines from the street.
[Ord. 3/3/1977, § 8; as amended by Ord. No. 81-2,
9/9/1981]
During the construction period, the Building Permit Officer
or other authorized official may 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. 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 Board of Supervisors for whatever
action it considers necessary.
[Ord. 3/3/1977, § 9; as amended by Ord. No. 81-2,
9/9/1981; and by Ord. No. 1988-2, 12/13/1988]
Applications for a building permit shall be accompanied by a
fee, payable to the Township, based upon the estimated cost of the
proposed construction as determined by the Building Permit Officer
at the following rates established from time to time by resolution
of the Board of Supervisors.
[Ord. 3/3/1977, § 10]
Any person aggrieved by the Building Permit Officer's estimate
of the cost of the proposed construction may appeal to the Board of
Supervisors. Such appeal must be filed, in writing, within 30 days
after the determination by the Building Permit Officer. Upon receipt
of such appeal, the Board of Supervisors shall appoint a three-person
Hearing Committee of impartial parties which shall set a time and
place not less than 10 nor more than 30 days for the purpose of hearing
the appeal. Notice of the time and place of the hearing of the appeal
shall be given to all parties, at which time they may appear and be
heard. The determination of the estimated cost by the Hearing Committee
shall be final in all cases.
[Ord. 3/3/1977, § 11; as amended by Ord. No. 1988-2,
12/13/1988]
Any person who fails to comply with any or all of the requirements
or provisions of this Part 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 Township shall be guilty of an offense
and, upon conviction, shall pay a fine to the Township of Forward
of not less than $25 nor more than $300, and/or such person shall
be imprisoned in county prison for a period not to exceed 90 days.
Each day during which any violation of this Part 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 Part. The imposition of a fine or penalty
for any violation of, or noncompliance with, this Part 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 structure or building
constructed, reconstructed, enlarged, or relocated in noncompliance
with this Part may be declared by the Board of Supervisors to be a
public nuisance and abatable as such.
[Ord. No. 1989-2,[1] 12/12/1989]
It is the intent of the Forward Township Supervisors to protect
persons and property within the Township by making buildings accessible
to firefighting equipment and by requiring buildings to be removed
from public rights-of-way, streets and alleys to prevent vehicle or
pedestrian collisions with buildings by requiring setbacks therefrom.
[Ord. No. 1989-2, 12/12/1989]
For the purposes of this Part, the following definitions shall
apply:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation. Walls may be partial and include
only poles to support the roof structure; or walls may be total completely
enclosing the perimeter of the building.
[Ord. No. 1989-2, 12/12/1989]
No person, partnership, business, corporation or other entity
may construct, reconstruct or relocate any building within the Township
of Forward closer than 50 feet measured to the required right-of-way
of all present or proposed streets, roads or highways.
[Ord. No. 1989-2, 12/12/1989]
No person, partnership, business, corporation or other entity
may construct, reconstruct or relocate any building closer to their
side property line than 15 feet nor closer to their rear property
line than 20 feet.
[Ord. No. 1989-2, 12/12/1989]
Any building or mobile home existing prior to the effective date of this Part whose location does not comply with the building lines, side yard, or rear yard setbacks as specified in §§ 4-203 and 4-204 of this Part may be reconstructed or replaced. Provided further, however, that no such reconstruction or replacement shall be permitted when in the sole opinion of the Board of Supervisors, after engineering and/or traffic studies, such reconstruction or replacement shall result in a dangerous fire or traffic condition and the property owner's lot size, including any adjacent lots owned by the property owner, will permit compliance with this Part.
[Ord. No. 1989-2, 12/12/1989]
No building permit shall issue for any building proposed in
violation of this Part. In the event that any building is constructed
in violation of this Part, the Permit Officer may revoke the building
permit and order compliance herewith.
[Ord. No. 1989-2, 12/12/1989]
1.
The Board of Supervisors may, in specific cases, authorize variances
from the provisions of this Part that will not be contrary to the
public interest, but only where, owing to special conditions on a
specific lot, a literal interpretation and strict application of the
provisions of this Part would cause unfair and unnecessary hardship.
No such variance from the provisions of this Part shall be authorized
by the Board unless all of the following conditions pertain:
A.
There are unique physical circumstances or conditions present on
the property, including peculiar shape or exceptional topographical
or other physical conditions, and the reasons for which a variance
is sought are due to these conditions.
B.
Because of the physical circumstances, there is no possibility that
the property can be developed in strict conformity with this Part
if reasonable use is to be made of it.
C.
The variance, if granted, will not interfere with the ingress and
egress of fire, ambulance, police and other emergency vehicles, nor
will the variance expose occupants of the building or the traveling
public to a greater danger because of the variance.
D.
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the setback in issue.
