ORDINANCE #05-11

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF CLEARFIELD

TOWNSHIP OF GRAHAM

ORDINANCE #05-11

 

AN ORDINANCE REQUIRING ALL PERSONS TO OBTAIN AN ASSESSMENT PERMIT FOR THE CONSTRUCTION IN GRAHAM TOWNSHIP OF CERTAIN BUILDINGS NOT OTHERWISE REQUIRING A PERMIT UNDER THE PENNSYLVANIA CONSTRUCTION CODE ACT.

 

            BE IT ENACTED AND ORDAINED BY Graham Township and it is enacted and ordained by the authority of the same as follows:

 

Section 1.  Findings and Purpose

 

The board of Supervisors of Graham Township finds that in order to properly assess all improvements to real estate property for ad valorum tax purposes.  It is necessary and appropriate to require a permit under the Pennsylvania Construction Code  Act 44 of 1999.35 p § Section 7210.101 et seq. ("Act"), which provides for state wide administration and enforcement of the Uniform Construction Code.  Under the Act, certain buildings, including by way of illustration but not limitation, non-habitable utility or miscellaneous use structures less than 1,000 square feet are not required to obtain a permit form from the Municipal Code Official prior to construction.  Therefore, these structures can be built under the Act without notice to the Township, which means they may not be assessed for tax purposes.  The purpose of this Ordinance is to require a permit prior to construction of such buildings to promote uniform taxation of all taxable improvements in the township.

 

Section 2.  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 mean a place of occupancy by the general public.

 

"Historical Building"  Existing buildings and structures or new buildings and structures not intended for residential use on historical sites, that are identified and classified by the federal, state, or local government as historic building.

 

"Person"  An individual, partnership, corporation, limited liability company, or other legally recognized entity.

 

"Structure"  Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground.

 

"Recreational Cabin"  A structure that is:

            (1) utilized principally for recreational activity;

            (2) not utilized as a domicile or residence for any individual for any time period;

            (3) not utilized for commercial purposes;

            (4) not greater than two stories in height, excluding basement;

            (5) not utilized by the owner or any other person as a place of employment;

            (6) not a mailing address for bills and correspondence; and

            (7) not listed as an individual's place of residence on a tax return, driver's license,   car registration or voter registration.

 

"Utility and Miscellaneous Use Structures"  Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators, International, Inc., in any specific use group.  The term includes carports, detached private garages, green houses and sheds having a building area less than 1,000 square feet.  The term does not include swimming pools or spas.

 

Section 3.  Applicability

 

This act shall apply to the construction of all agricultural buildings, historical buildings, recreational cabins and utility and miscellaneous use structures in Graham Township.  This Ordinance shall not apply to any building or structures for which a permit is required under the Pennsylvania Construction Code Act.

 

Section 4.  Requirement for Assessment Permit 

 

It shall be unlawful for any person to undertake or cause to be undertaken the construction of any building or structure subject to this Ordinance unless an assessment permit has first been obtained from the Township.

 

Section 5.  Application Procedures

 

Application for such an assessment permit shall be made in writing to the Township on forms provided by the Township.  Such application shall contain at least 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 and map number

            5.  Brief description of the proposed work and estimated cost

            6.  A plan of the site showing the size and location of the proposed

                 construction as well as any existing buildings or structures, with

                 set back dimensions.

 

After issuance of an assessment permit, no changes of any kind shall be made in the proposed work and or site plan and/or other information submitted with the application without the additional consent or approval of the Township.

 

Section 6.  Fees 

 

All applications shall be accompanied by a fee, to be established by the Board Supervisors from time to time.

 

Section 7.  Penalties for Violation

 

Enforcement of this Ordinance shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure and the Second Class Township Code.  Any person found guilty of a violation of this Ordinance shall pay a fine to the Township not to exceed One Thousand (1000) Dollars per violation and/or imprisonment to the extent allowed by law for the punishment of summary offenses.

 

Posted on 23 Feb 2012 by grahmtwp
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