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§ 112-5 Building permits required.

Building permits shall be required before any construction or development is undertaken within any area of Stockertown Borough.

§ 112-6 Issuance of building permit.

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 chapter 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

Editor's Note: See 35 P.S. § 750.1 et seq.
(Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act
Editor's Note: See 32 P.S. § 693.1 et seq.
(Act 1978-325, as amended); the Pennsylvania Clean Streams Act
Editor's Note: See 35 P.S. § 691.1 et seq.
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section 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 Stockertown Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands,

D.

In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development shall be notified by Stockertown Borough prior to any alteration or relocation of any watercourse.

§ 112-7 Application procedures and requirements.

A.

Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by Stockertown Borough. 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 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:

(1)

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;

(2)

All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

(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 (e.g., any or all of the technical information contained in Article IV) as may be required by the Building Permit Officer to make the above determination:

(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; and

(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; and

(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.

(c)

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.

(d)

Detailed information needed to determine compliance with § 112-25F, Storage, and § 112-26, Development which may endanger human life, including:

[1]

The amount, location and purpose of any materials or substances referred to in §§ 112-25F and 112-26 which are intended to be used, produced, stored or otherwise maintained on site.

[2]

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 112-26 during a one-hundred-year flood.

(e)

The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."

(f)

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.

§ 112-8 Review by County Conservation District.

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.

§ 112-9 Review of application by others.

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, Municipal Engineer, etc.) for review and comment.

§ 112-10 Changes.

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 Building Permit Officer for consideration.

§ 112-11 Placards.

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.

§ 112-12 Start of construction.

A.

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.

B.

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.

§ 112-13 Inspection and revocation.

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 municipal 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 Council for whatever action it considers necessary.

D.

A record of all such inspections and violations of this chapter shall be maintained.

§ 112-14 Fees.

Applications for a building permit shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as set forth in the Stockertown Borough Fee Schedule.

§ 112-15 Enforcement; violations and penalties.

A.

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:

(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.

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 of direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to Stockertown Borough of not more than $1,000 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period 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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 112-16 Appeals.

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 Borough Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Building Permit Officer.

B.

Upon receipt of such appeal, the Borough Council shall set a time and place, within not less than 10 days 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.

C.

Any person aggrieved by any decision of the Borough Council may seek relief therefrom by appeal to court as provided by the laws of this Commonwealth, including the Pennsylvania Floodplain Management Act.

Editor's Note: See 32 P.S. § 679.101 et seq.

 

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