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Ordinance #31 - Requiring Assessment Permits for certain structuresTHIS ORDINANCE REVOKES HARFORD TOWNSHIP ORDINANCE NO. 30.
AN ORDINANCE REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESS AND CORPORATIONS TO OBTAIN AN ASSESSMENT PERMIT FOR THE CONSTRUCTION OF ALL AGRICULTURAL BUILDINGS, MANUFACTURED HOUSING, HISTORICAL BUILDINGS, ACCESSORY AND MISCELLANEOUS-USE STRUCTURES LESS THAN 1000 SQUARE FEET WHICH ARE NOT HABITABLE AND LIMITED TO ONE-STORY IN THE TOWNSHIP OF HARFORD.
BE IT ENACTED AND ORDAINED BY THE HARFORD TOWNSHIP, Susquehanna County, Pennsylvania and it is Hereby Enacted and Ordained by the authority of the same as follows:
Section 1.0 – Statement of Intent
- The intent of this Ordinance is to inform the Municipality on construction for Assessment purposes.
Section 1.2 – Abrogation and Greater Restrictions This Ordinance supersedes any provisions currently in effect. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
Section 1.3 – Severability If any section, subsection, paragraph, sentence, clause of phrase of this ordinance should be declared invalid for any reason such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect and for this reason the provisions of this ordinance are hereby declared to be severable.
Section 1.4 – Municipal Liability This Ordinance shall not create liability on the part of the Municipality or any officer or employee thereof for any damages, that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.
Section 2.0 – Application Procedures Application for such and assessment permits shall be made in writing to the Municipality, on forms provided by the Municipality. Such application shall contain at least the following:
- Name and address of applicant
- Name and address of owner of land on which proposed construction is to occur.
- Name an address of contractor
- Site location
- Brief description of proposed work and estimated cost
- A plan of the site showing the size and location of the proposed construction as well as any existing building or structures, with setback dimensions
- The Municipality shall issue an assessment 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 applicable codes or ordinances.
- After the issuance of an assessment permit, no change 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 Municipality.
For a structure without a basement or poured footings the start of construction includes the first permanent framing or assembly of the structure of any part thereof on its pilings or foundation or the affixing of any prefabricated structure to its permanent site. Permanent construction does not include land preparation, land clearing, grading filling, excavation for basement, footing, piers or foundations, erection of temporary forms, or installation of piling under proposed subsurface footings.
Section 2.3 – Fees A fee schedule will be of an attached resolution enacted by the Municipal Officials.
Section 3.0 – Penalties Any person who fails to comply with any or all of the requirements of provisions of this Ordinance or who fails or refuses to comply with any notice, order, or direction the Municipality or any other authorized employee thereof, shall be guilty of an offense and, upon conviction shall pay a fine to the Municipality of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00), plus cost of prosecution.
In addition to the above penalties all other actions are hereby reserved including an action inequity for the proper enforcement of this Ordinance. The imposition of a fine or penalty for any violation of, or noncompliance with, this Ordinance 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 non-compliances within a reasonable time.
Section 4.0 – General Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted so as to give this Ordinance its most reasonable application.
Section 4.1 – Specific Definitions
- Agricultural building – a structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to man a place of occupancy by the general public.
- Building Official – a person designated by the Municipality.
- Construction – the construction or relocation of a building or structure.
- Manufactured housing – under section 901(a) of the act (35 P>S> 7210.901(a)), housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P>S> 1656.1-2656.9), certifying that it conforms to Federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U>S>C>A> 5401-5426).
- Structure – anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds and other similar items.
Adopted this 14th day of August, 2004.