[HISTORY: Adopted by the Borough Council of the Borough of Oakmont as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-2003 by Ord. No. 041-2003]
From and after the effective date of this article, the following ordinance shall be in full force and effect in the Borough of Oakmont (hereinafter "the Borough").
This article shall be known as the "Borough of Oakmont Building Permit Ordinance."
Any ordinance, or part thereof, conflicting with the provisions of this article is hereby repealed insofar as the same affects this article.
It is the intent of this article to:
Promote, protect and facilitate the public health, safety and general welfare of the community.
Encourage and facilitate the orderly growth and development of the Borough.
Protect and maintain the character, stability and value of developed residential, commercial, and industrial areas within the Borough.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
Minimize danger to the public health by protecting water supplies and natural drainage.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
No building or other structure shall be erected, moved, extended, demolished or structurally altered without a building permit having been issued by the Building Inspector. A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
Every application for a building permit shall be deemed to be an application for a certificate of use and occupancy.
It shall be a violation of this article to construct or building or structure without a building permit in the Borough of Oakmont.
It is a violation of this article to construct, erect, move, extend, demolish or structurally alter a building or structure in the Borough of Oakmont without a building permit, and no person, partnership, business or corporation shall undertake, or cause to be undertaken, any construction, development or demolition of any building or structure anywhere in the Borough of Oakmont without previously obtaining an approved building permit from the Borough Building Inspector.
For subdivision and land developments, as defined by the Municipalities Planning Code, no building permit shall be issued prior to completing the review and approval requirements of the Allegheny County Subdivision and Land Development Ordinance.
All applications for building permits shall be made on forms furnished by the Building Inspector, shall be completed in full with accurate information, and submitted in duplicate with a plat plan prepared and sealed by a land surveyor or architect registered to do business in the Commonwealth of Pennsylvania. Each plat plan shall show the following information and data with a narrative statement and detailed building plans attached.
Bearings and distances along all property lines.
Public streets abutting property with right-of-way width.
Area of property.
Deed book volume and page, as well as lot and block number.
Lot number, plan name and where plan is recorded if property is located in a recorded plan.
All existing dwellings, buildings and accessory structures indicating descriptions and height of each with floor and basement elevations.
All proposed dwellings, buildings and accessory structures indicating dimensions, descriptions and height of each with proposed floor and basement elevations.
Front yard, side yard and rear yard dimensions.
Off-street parking and loading areas and driveways indicating the dimensions and number of parking spaces as required by this article.
Location of signs with size and details.
Location and size of all existing utilities abutting or crossing property.
Topography with two-foot contours and/or elevations showing existing and finished grades, except property used for the construction of a single-family or two-family dwelling requiring no greater than five feet of fill or cut.
Stormwater management facilities to collect and control surface runoff from property, with calculations of predevelopment and postdevelopment surfacewater runoff, except in cases in which an exemption or exception is provided in the applicable stormwater management regulations adopted by the Borough.
Soil erosion and sedimentation control measures and facilities conforming to the requirements and specifications of the latest edition of the Pennsylvania Soil Erosion and Sedimentation Control Manual.
If the proposed construction is within any identified flood-prone area, the applicant shall submit a document, certified by a registered professional engineer or architect, stating that the proposed construction has been adequately designed to withstand the one-hundred-year-flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one-hundred-year flood, including a statement containing a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
Detailed building plans conforming to the requirements and specifications of the International Construction Code of 2003, as adopted by the Borough. The plans must be approved and sealed by the State Department of Labor and Industry for all structures other than single-family residences or any other structures specifically excluded from this requirement by Section 49.2(b) of the Commonwealth of Pennsylvania Code Title 34, Labor and Industry (34 Pa. Code § 49.2[b]).
A narrative statement describing in detail the work to be done and indicating the proposed use for each building or structure to be constructed on the property, the number and nature of businesses proposed in each building, and if Commercial or Industrial, with the number of employees anticipated for each.
If the application is made by someone other than the owner of the property, the application shall be accompanied by a duly verified affidavit from the owner authorizing such application to be made.
No building (or zoning) permit shall be issued pursuant to this article until the stormwater management plan for the property or lot has been approved, in accordance with the County or Borough ordinance. Further, the municipality shall not issue the permit until any required floodplain, dam safety, or obstructions or erosion/sedimentation approvals/permits have been received from the applicable local, county or state agencies. Copies of the approval/permit must be filed with the municipality.
Applications for a building permit shall be accompanied by a fee, payable to the Borough of Oakmont, based upon the estimated cost of the proposed construction, as determined by the Building Inspector and as established by Borough Council. Borough Council may, from time to time by resolution, either increase or decrease said fee.
The Building Inspector 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 governing codes and ordinances.
Prior to the issuance of any building permit, the Building Inspector shall review the application for the permit, to determine if all other necessary governmental permits and approvals, such as those required by county, state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Allegheny County Subdivision and Land Development Ordinance, the Water Obstruction Act of 1913 and the Federal Water Pollution Control Act Amendments of 1972, Section 404 (33 U.S.C., § 1334). No building permit shall be issued until this determination has been made by the Building Inspector.
The Building Inspector shall render a decision either approving or disapproving the application for a building permit within 90 days after the application is filed, provided that any disapproval of the application shall contain a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 90 days, the application shall be deemed to be approved and the permit shall be deemed to have been granted immediately unless the applicant has agreed, in writing, to an extension of time. No agreement to an extension of time for action may be made a part of an application form, nor may any such agreement be required of any applicant under threat of denial of the application.
After the issuance of a building permit by the Building Inspector, 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 prior written consent of approval of the Building Inspector.
In addition to the building permit, the Building Inspector shall issue a placard which shall be displayed on the premises at all times while construction is in progress. The placard shall show the number of the building permit, the date of its issuance, and shall be signed by the Building Inspector.
Work on the proposed construction shall begin within six months after the date of the issuance of the building permit, or the permit shall automatically expire unless a time extension is granted, in writing, by the Building Inspector.
Construction shall be considered to have started with the first placement of permanent construction of a structure on 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 shall be considered to have started with the first permanent framing or assembly of the structure, or any part thereof, on it pilings or foundation, or the affixing of any prefabricated structure or mobile home 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 the proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
During the construction period, the Building Inspector or other authorized official may inspect the premises at any time to determine that the work in progressing in compliance with the information provided on the permit application, and with all applicable Oakmont Borough laws, codes and ordinances. In the event the Building Inspector discovers that the work does not comply with the permit application, or any applicable laws, codes or ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Inspector shall revoke the building permit and report such fact to the Borough Manager and Borough Council for whatever additional action the Manager or Council deems necessary or appropriate.
Any person, firm, corporation, association or other entity that violates any provision of this article shall pay to the Borough, for each and every separate offense, a sum of not less than $50 nor more than $1,000 to be used for and recovered as other fines and penalties are now by law recoverable and, in default of payment of the fine and costs of prosecution, shall be committed to the Allegheny County jail or workhouse for a period not exceeding 90 days.
Each violation shall constitute a separate offense and shall be deemed committed on each day during on which violation occurs or continues and shall constitute a separate offense. Nothing contained herein shall be deemed to preclude the Borough from seeking other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this article.
[Adopted 12-22-2003 by Ord. No. 042-2003]
The 2003 International Building Code, the 2003 International Fire Code, the 2003 International Residential Code, the 2003 International One- and Two-Family Dwelling Code, the 2003 International Mechanical Code, and the 2003 International Property Maintenance Code, and are hereby adopted as "The Building Code," "The Fire Code," "The Residential Code," "The Mechanical Code," and "The Property Maintenance Code" of the Borough of Oakmont for the regulation of buildings and structures as therein provided; and each and all of the regulations, provisions, penalties, conditions and terms of these said codes are hereby referred to, adopted and made a part hereof, as if fully set out in this article.
In addition to the violation and penalties in the codes set forth above, any person or entity violating any provisions of this article shall, upon summary conviction thereof before any magistrate, pay a fine in an amount not exceeding $1,000, together with costs of prosecution, and, in default of the payment of the fine and costs, shall be subject to imprisonment in the Allegheny County jail or workhouse for a period not to exceed 30 days. Each day that a violation of this article continues to exist shall be considered a separate offense and may be punishable as such.