Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
99-4
An Ordinance to
amend and restate Article IX of the Millcreek Township Zoning Ordinance,
Ordinance No. 74-29, as amended, amending and restating regulations governing
administration of the Ordinance and the application for, issuance of permits
and fees therefor; including severability and repealor clauses.
WHEREAS, Article IX of the Millcreek Township Zoning Ordinance, Ordinance No. 74-29 as amended, sets forth provisions with regard to administration of the Ordinance, the application for and issuance of permits and fees therefor; and
WHEREAS,
WHEREAS, it has always been the intention of Millcreek Township that matters relating to the administration of, application for and issuance of permits be governed by the Zoning Ordinance, notwithstanding general provisions of BOCA and other codes which do not acknowledge applicability of State laws or municipal ordinances; and
WHEREAS, the Board of Supervisors finds that it is necessary and in the best interest of the public health, safety and welfare that regulations and procedures applicable to the application for and issuance of permits, assessment and payment of fees therefor and administration thereof be amended and clarified; and
WHEREAS, the former CABO Code has been renamed the International One- and Two-Family Dwelling Code and BOCA National Building Code in 2000 will be renamed the International Building Code, such changes in name to be incorporated by reference; and
WHEREAS, after public notice and public hearing as required by the Municipalities Planning Code, the Millcreek Township Planning Commission has recommended that the amendments and restatement of Article IX of the Zoning Ordinance as established in this Ordinance be enacted.
IT IS HEREBY
ORDAINED AND ENACTED by the Board of Supervisors of the
SECTION 1. Article IX of the Millcreek Township Zoning Ordinance, No. 74-29 as amended, is hereby amended and restated to provide as follows:
SECTION 901. ADMINISTRATION
OFFICER
The duty and
authority of administration and enforcement of the provisions of this Ordinance
is hereby conferred upon the Code Administrator and his or her subordinates
and/or designees, who may not hold an elective office in
SECTION 902. APPLICATION
FOR PERMIT
A. When Permit Required An application shall be submitted to the Code Administrator for the following activities, and it shall be unlawful and a violation of this Ordinance for any of the following activities to commence without a permit first being issued in accordance with this Article:
1. Excavation for foundation;
2. Construction or alteration of any building or structure;
3. Construction of an addition to a building or structure;
4. Demolition or moving of a building or structure;
5. Making or effecting a change of occupancy or use of vacant land or any building or structure;
6.
Installation or alteration of any equipment
regulated by the BOCA National Building Code as has been adopted by
7. Movement of a lot line which affects an existing structure, such movement being subject to regulations established in the Township’s Subdivision and Land Development Ordinance;
8.
Construction or alteration of any drive or other
access to a
9. Occupancy of any street or highway with building materials or of temporary structures for construction purposes.
B.
Repairs
Application or notice to the Township is not required for ordinary
repairs to buildings or structures, but such repairs shall not include: the cutting away of any wall, partition or
portion thereof; removal or cutting of any structural beam or loadbearing
support; removal or change of any required means of egress and/or rearrangement of parts of a structure
affecting the egress requirements; or addition to, alteration of or replacement
or relocation of any standpipe, water supply, sewer, drainage, drain leader,
gas, soil, waste, vent or similar piping, electric wiring, mechanical or other
work affecting the public health or general safety.
C. Form of Application The application for permit shall be submitted in such written form as the Board of Supervisors shall adopt or prescribe, and must be accompanied by the fee therefor required under this Article. An applicant shall provide all documents and information required under this or any other ordinance.
D. By Whom Application Made Application for a permit shall be made by the owner or lessee of the building or structure, or authorized agent of either, or by the building contractor or design professional employed or retained by such owner or lessee in connection with such work.
1. If the application is made by a person other than the owner in fee of the property, it shall be accompanied by an affidavit of the owner to the effect that the proposed work is authorized by the owner in fee, that the person making such application is authorized to do so on behalf of the owner; and that the owner shall be bound by all representations made on the application and by all regulations governing issuance of any permit(s).
2. The full names and addresses of the owner, applicant and the responsible officers, if the owner or the applicant is a corporation, shall be set forth in the application.
E. Application Requirements In addition to other requirements imposed under this Article or other ordinance of the Township, all applications for permit shall include:
1. Description of work - a general description of the proposed work, the location of the proposed work, the occupancy prior to and after the proposed work of all the building and/or structure and of all portions of the site or lot not covered by the building or structure and such additional information as is required by the Code Administrator.
2. Proper Zoning - The applicant shall establish that the land as zoned may lawfully be used as proposed, and that all regulations of this Ordinance are complied with. No permit shall be issued unless the use proposed is expressly permitted in the Zoning Ordinance and all applicable regulations are complied with, absent an adjudication of the Zoning Hearing Board authorizing such use and construction.
3.
Proof of Insurance - As and to the extent
required by
4. Construction documents
(a) Excepting only permits for construction of one-family or two-family dwellings, an application for building permit must be accompanied by two sets of construction documents, one set to be returned to the applicant after action upon the permit application.
(b) In the case of commercial construction as defined in the Pennsylvania “Building Regulations for Protection from Fire and Panic,” an application for building permit must be accompanied by a plan approved by the Pennsylvania Department of Labor & Industry, and no permit shall be issued nor shall any construction commence until and unless such approved plans are presented.
5. Site Plan - An application for permit for any building or structure other than a one-family or two-family dwelling shall be accompanied by a site plan showing to scale the actual dimensions of each lot to be built upon, the size and location of all new construction and all existing buildings or structures on the site, distances from lot lines, established street grades and proposed finished grades, drawn in accordance with an accurate boundary line survey, together with such additional information as the Code Administrator may require to determine that the proposed structure and/or use of land conforms to the regulations of this Ordinance.
(a) An application for permit proposing construction, alteration, reconstruction or other action as to a one-family or two-family residential dwelling shall set forth a plot plan showing the property lines, the location of all new or proposed construction and all existing buildings or structures on the site, distances from lot lines and such additional information as the Code Administrator may require to determine that the proposed structure and/or use of land conforms to the regulations of this Ordinance.
(b) In cases of proposed construction activity other than one- and two-family residential dwellings, data from approved land development plans or plan amendments may be incorporated in the permit application in lieu of a new site plan.
(c) In cases of proposed construction activity involving additions or renovations to buildings other than one- and two-family residential dwellings which do not require a land development plan or plan amendment, the Code Administrator shall be authorized to accept that plot plan generally required for one- and two-family residential dwellings unless a formal site plan is deemed necessary in the circumstances.
(d) Where public sewer is not available, the site plan shall indicate the location of a private sewage disposal system.
(e) In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing buildings and structures that are to remain on the site or lot after demolition.
6. Grading Plan - A grading plan meeting all Township specifications shall be submitted with an application for permit where required, and shall be complied with in the course of construction pursuant to the permit.
7. Stormwater Management Plan - If required, a stormwater management plan for the premises shall be submitted, reviewed, certified and implemented at the applicant’s cost in accordance with the Stormwater Management Ordinance and the Subdivision and Land Development Ordinance prior to issuance of any building permit.
8. Access to State Highways and Township Streets - No permit authorizing access to a State highway shall be issued until the applicant submits to the Code Administrator a highway occupancy permit issued by the Department of Transportation authorizing the access as proposed. No permit proposing access to a Township street by a use greater than minimum traffic volume shall be issued until such proposed access has been authorized by the Board of Supervisors in its approval of a subdivision plan or land development plan or otherwise. The Code Administrator may grant permits for minimum traffic volume access to a Township street where all conditions for such access have been met.
9. Approvals Required - No building permit or occupancy certificate shall be issued unless the applicant submits with the application therefor written confirmation or photocopies of all approvals of Township and other governmental agencies required prior to such construction and/or use, these including but not limited to:
(a) If a building or structure is to be served by public sewer, a copy of the issued permit to connect to the sewer system;
(b) If a building or structure is to be served by on-lot septic, a copy of the Erie County Department of Health’s septic approval for the proposed building, structure and/or use;
(c) If a building or structure is to be served by public water and water mains do not abut the premises, written confirmation by the water authority that it is prepared to extend such mains and that applicant has furnished all required applications and fees therefor;
(d) If required, approval of building plans by the Pennsylvania Department of Labor and Industry;
(e) If required, recordation of an approved subdivision or land development plan;
(f) If required, a decision of the Zoning Hearing Board authorizing issuance of such permit.
10. Service Connections (Demolition) - Before a building or structure is demolished or removed, the owner or owner’s agent shall notify all utilities having service connections within the structure. A permit to demolish or remove a building or structure shall not be issued unless the owner or applicant submits in writing to the Code Administrator a certification that all service utilities and adjacent property owners have been notified of the proposed demolition and that service connections have been removed. Such certification shall be sworn or affirmed to before a Notary Public or verified subject to the penalties governing unsworn falsification to authorities.
F.
Conditions on Permits
1. A permit issued shall authorize only the use or construction specified on the permit and application, and no other.
2. A permit shall not be issued until the fees prescribed therefor have been paid.
3. No permit or certificate shall be issued until all information required for its issuance has been submitted in proper form to the Code Administrator.
4. All work shall conform to the approved application for which the permit has been issued and any approved amendments to the approved application or permit.
5. All new work shall be located strictly in accordance with the approved site plan or plot plan.
6. If the land subject to the proposed building, structure, renovation and/or addition is located within a subdivision or land development previously approved by the Board of Supervisors, the owner(s) shall be responsible for ensuring that all grading, stormwater management, easements, conditions and other terms imposed on the approved plan are preserved and/or complied with during and after construction. A grading plan shall be required whenever revision to the approved grading plan is proposed.
7. If the applicant proposes to construct sidewalks and/or a driveway or other street access, the owner shall be responsible for ensuring that such sidewalks, driveway(s) and other street access are constructed in full conformity with Township specifications therefor.
8. A building permit shall be issued subject to compliance by the owner with the standards for construction as established in the BOCA National Building Code or, as to one- and two-family residential dwellings, the CABO Code (as of 1998, renamed the International One- and Two-Family Dwelling Code), as then adopted by Millcreek Township.
9. A building permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this Ordinance, the Building Code Ordinance or any other ordinance or regulation governing the work, except as specifically stipulated by legally granted variance as described in the application.
10. No permit shall be issued to any applicant or owner who is then in violation of the terms of a foundation permit, building permit, occupancy certificate or other governmental approval and/or Township ordinance or regulation.
G.
Amendments to Applications
1. Subject to the limitations of Section 906, amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the permit is sought or issued.
2. Such amendment(s), if approved and accompanied by any required fee, shall be deemed part of the original application and shall be filed therewith.
SECTION 903. CERTIFICATE
OF OCCUPANCY
A.
Where required under this Ordinance, a
certificate of occupancy shall serve as confirmation that a property is zoned
for the use proposed in the application and that requirements established in
this Ordinance and in the Zoning Ordinance and/or Subdivision and Land
Development Ordinance for application for, issuance of and compliance with
permits as issued have been met. An
occupancy certificate shall not be deemed or interpreted to constitute a
certification by
B. No vacant land shall be occupied or used and no structure erected, reconstructed, structurally altered or changed in use until a certificate of occupancy has been issued by the Code Administrator after proper application therefor and payment of fees prescribed for such certificate.
C. A certificate of occupancy shall also be required in order to maintain, renew, change, expand or extend a nonconforming use existing at the time of the enactment of the Zoning Ordinance and Zoning Map, and shall state that the use does not conform with the provisions of the Zoning Ordinance and/or Zoning Map.
D. A certificate of occupancy, either for the whole or any part of a new building or structure or for alteration of an existing building or structure shall be applied for contemporaneously with application for a building permit, at which time the fees prescribed therefor shall be paid in full.
E. A certificate of occupancy for use or occupancy of vacant land or for the change in use of land or for the change in use of an existing building or structure shall be applied for and issued before any change in the use of land or of any building or structure may be made.
F. A certificate of occupancy for use or occupancy of vacant land or for change in the use of land or of an existing building or structure not requiring a building permit, where authorized and appropriate, shall be issued by the Code Administrator or his or her subordinate within ten (10) days after submission of a complete application and payment of all fees required therefor.
G. A certificate of occupancy for the whole or any part of a new building or for alterations of an existing building or structure, where authorized and appropriate, shall be issued within ten (10) days after certification is made to the Code Administrator that erection, reconstruction or alteration of the building or structure has been completed in conformity with the Zoning Ordinance and the Code Administrator has confirmed such compliance. The Code Administrator shall in writing notify the applicant of any refusal and the reason(s) therefor.
H. The Code Administrator shall not issue an occupancy certificate unless a proper application therefor has been filed and fees therefor paid at the time required under this Section.
I. A record of all certificates of occupancy applications and permits shall be kept on file in the office of the Code Administrator, and a copy shall be furnished upon request to any person having an ownership or tenancy interest in the land or building affected by such application or certificate.
J. The Code Administrator shall refuse to issue an occupancy certificate until and unless all requirements for its issuance have been met. If an application for an occupancy certificate is not made and/or fees therefor paid in the time and manner prescribed in this Section, no occupancy certificate shall be warranted or issued.
SECTION 904. FOUNDATION
PERMITS
This Ordinance shall not be interpreted to authorize issuance of permits to excavate or construct a foundation for a building or structure prior to issuance of a building permit.
A. No foundation permit shall be issued or authorized except where approved by the Board of Supervisors, and the Board of Supervisors shall authorize issuance of a foundation permit only where the following findings are made:
1. The applicant has exercised due diligence in planning the construction and, due to events beyond the applicant’s control which do not include the timing of acquisition of land, acquisition of required zoning, permits and/or plan approvals or preparation of required plans, is unable to meet requirements for issuance of a building permit; and
2. Issuance of a foundation permit is necessary to allow the applicant to construct a building foundation prior to the onset of winter weather; and
3. Applicant has demonstrated that all requirements for issuance of a building permit will be met within thirty (30) days after any foundation permit is authorized; and
4. If required, Applicant has submitted a stormwater management plan which has been certified by the retained engineer as meeting applicable requirements, and such plan has been implemented or will be implemented within thirty (30) days after issuance of any foundation permit; and
5. Applicant in writing has certified that applicant will comply with all conditions imposed upon a foundation permit; will not engage in any activity beyond the construction of a foundation to grade; will meet all conditions for issuance of a building permit within thirty (30) days after issuance of a foundation permit and will cease construction activity after construction of the foundation subject to such permit; and
6. All conditions established for issuance of such permit have been met.
B. A foundation permit if authorized shall be subject to the following conditions:
1. Such permit shall be valid for not longer than thirty (30) days; and
2. The applicant shall have tendered to Millcreek Township an irrevocable letter of credit in a sum not less than $25,000.00, as security for applicant’s full compliance with the terms of the foundation permit, such security to be available for payment of damages and all fines and costs imposed in the event applicant should violate terms of the foundation permit; and
3. Within thirty (30) days after issuance of a foundation permit, applicant shall have submitted all plans, permits, approvals and other items required under Township ordinances for issuance of a building permit; and
4. Should applicant fail to submit all items required for issuance of a building permit within thirty (30) days after issuance of the foundation permit and/or continue construction activity after the expiration of the issued foundation permit, applicant shall have violated this Ordinance and the terms of the foundation permit, and shall be subject to fines for each and every day a violation continues, a violation deemed to continue through the day prior to issuance of a building permit; and
5. In the event of violation by the applicant, the Township shall be authorized to recover from the tendered financial security all fines prescribed by this Ordinance for such violation(s), together with all costs and attorneys’ or engineering fees incurred by the Township as a consequence of the violation and/or the Township’s enforcement; and
6. In the event of violation by applicant, no building permit shall be issued until and unless all fines, fees and costs due as a result of violation of the terms and conditions of the foundation permit have first been paid in full.
SECTION 905. PERMITS
A. Action on Application
1. The Code Administrator shall examine or cause to be examined all applications for permits and certificates and amendments thereto within a reasonable time after filing of all required documents.
2. If the application does not conform to the requirements of all pertinent laws, the Code Administrator shall reject such application in writing, stating the reasons therefor.
3. If the Code Administrator is satisfied that the proposed work conforms to the requirements of this and other applicable ordinances, he or she shall issue a permit or certificate therefor as soon as practicable.
B. Suspension of Permit Any permit issued shall become invalid if the authorized work is not commenced within six (6) months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work.
C. Signature to Permit The signature of the Code Administrator or his or her designee shall be attached to every permit or certificate issued.
D. Form of Permit Applications for permits or certificates shall be submitted on such written form(s) as the Board of Supervisors shall adopt from time to time.
SECTION 906. TIME
LIMITATIONS ON APPLICATIONS AND PERMITS
A. An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; provided, that the Code Administrator shall have authority to grant one or more extensions of time for additional periods not exceeding ninety (90) days each where good cause is shown.
B. A permit issued shall become invalid if the authorized work is not commenced within six (6) months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work.
C. A building permit shall be valid for a period of one (1) year, by which date all of the construction, renovation, demolition and activity authorized shall be completed.
D. Authorization granted by the Zoning Hearing Board or a Court of appropriate jurisdiction under a variance allowing issuance of a permit shall be valid for a period of six (6) months from the date of the Zoning Hearing Board’s or Court’s decision, whichever is later, and shall expire and become null and void if an application for the authorized permit is not submitted as required by this Article within six (6) months after the date of said decision.
SECTION 907. POWERS
AND DUTIES OF CODE ADMINISTRATOR
A. The Code Administrator and such assistants and subordinates as are designated by the Board of Supervisors shall have such duties and powers as are necessary to administer and enforce this Ordinance, including but not limited to the following, which shall apply to the Code Administrator and all other authorized employees:
1. Such officials shall receive and act upon applications for the erection, reconstruction, alteration or repair of and additions to buildings and structures, certificates of occupancy, construction of foundations and other matters addressed in this Ordinance, and enforce compliance with the provisions of this Ordinance.
2. Such officials shall receive and refer to the Zoning Hearing Board all applications for variance, use on special exception and other matters within the jurisdiction of said board.
3. Such officials shall receive and refer to the Planning Commission and Board of Supervisors all petitions requesting rezoning of properties.
4. Such officials shall refer to the Board of Supervisors such other applications or petitions as are directed to the Board of Supervisors for action.
5. Such officials shall receive and refer to the Solicitor applications for subdivision waiver approval and assist in review of such applications.
6. Such officials may, with the prior approval of the Board of Supervisors, engage such expert opinions as the Board of Supervisors deems necessary to report upon unusual technical issues which arise.
7. Such officials shall be responsible for enforcement of this Ordinance and the Millcreek Township Building Code Ordinance.
8. Such officials shall approve and issue a permit or certificate only when all requirements for its issuance have been met.
9. Where all requirements for a permit or certificate have not been met, such officials shall in writing deny such application, the writing to state the reason(s) for such denial.
10. Where a
permit or certificate has been issued in reliance upon information submitted by
the applicant which is later found to be materially untrue, or has been issued
improvidently, such officials shall have authority to revoke such issued permit
or certificate. Such revocation shall be
in writing and state the reason(s) for revocation, and shall be sent to the
person to whom the permit or certificate was issued via
11. Such officials shall make such investigations as they deem necessary or appropriate in performance of their duties, and shall carry proper identification should they inspect buildings or premises in the performance of their duties.
12. Such officials shall issue all notices or orders necessary to act upon applications and ensure compliance with this Ordinance and the Building Code Ordinance.
13. Such officials shall issue all stop work orders which may be necessary in event of violations of this Ordinance or the Building Code Ordinance.
14. Such officials shall issue all notices and prosecute all actions necessary to enforce this Ordinance and the Building Code Ordinance.
SECTION 908. COMPLETION
OF BUILDINGS
All buildings and structures started within six (6) months prior to the enactment date of the ordinance amending this Article and not in conformity therewith shall be discontinued, provided:
1. No substantial construction has been made and construction is not prosecuted without delay and completed within a period of one year from said date; or
2. No contract or contracts have been let.
SECTION 909. FEES
A. Fees shall be charged and shall be paid at the time any permit or renewal thereof or certificate of occupancy is presented and filed, in accordance with the schedule of fees established from time to time by Resolution of the Board of Supervisors.
B. Petitions requesting rezoning of property shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by the Board of Supervisors to defray costs of advertising, processing and professional services.
C. Each appeal or application to the Zoning Hearing Board or Board of Supervisors, exclusive of appeals from action of the Code Administrator, shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by the Board of Supervisors to defray costs of advertising, processing and professional services. No such application or appeal shall be deemed filed until the Code Administrator receives all required documents and the filing fees therefor.
D. Each appeal to the Zoning Hearing Board challenging propriety of action by the Code Administrator shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by Resolution of the Board of Supervisors to defray costs of advertising, processing and professional services. No such application or appeal shall be deemed filed until all of the required documents and filing fees therefor are received by the Code Administrator.
SECTION 910. ADMINISTRATION
A. The Code Administrator shall retain in permanent files all applications for permits and certificates of occupancy submitted and/or issued pursuant to this Article.
B. The Code Administrator shall submit to the Board of Supervisors monthly and annual written reports of building permits issued.
C. The Board of Supervisors is authorized to establish by Resolution fees for permits, certificates, applications, petitions and appeals and procedures for the proper implementation of this Ordinance.
SECTION 911. INTERPRETATION
A. The provisions of this ordinance shall be construed and interpreted to constitute the minimum requirements for the promotion of public health, safety and welfare.
B. Where this ordinance imposes greater restrictions upon the use of a building or land, upon the height, bulk or size of a building or structure, coverage of lots or requires larger open spaces than is required by other ordinances, regulations or permits or by easements or agreements, the provisions of this ordinance shall govern.
C. Where any other ordinance, rule, regulation, permit, easement, covenant or agreement imposes greater restrictions than those set forth in this ordinance, such other restrictions shall govern.
D. Specific standards governing construction as are established in the BOCA National Building Code or other building code adopted by ordinance of the Township shall govern actual construction, this ordinance to govern administration and the submission of and action on applications for permits and certificates.
SECTION 912. TITLES
The titles of this ordinance are placed herein for convenience only, and shall not be construed or interpreted as limiting the subject matter following the said titles.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is declared the legislative intent that this Ordinance would have been adopted had such invalid or unconstitutional provision of its application not been included herein.
SECTION 3. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.
BE IT ENACTED this 2nd day of February, 1999.
_______________________________________
Suzanne R. Weber, Secretary