[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 4-18-1995 by Ord. No. 2-1995. Amendments
noted where applicable.]
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Any combination of materials and/or any man-made object intended
for use, occupancy or ornamentation, whether installed on, above or below
the surface of water or land.
Any party and/or individual who proposes a development into and/or upon
the waters of Harveys Lake shall either be the property owner or shall hold
a valid contractor's license in accordance with all applicable provisions
of the Harveys Lake Borough Building Code Ordinance,[1] as amended. This chapter requires the property owner to apply
for and receive a permit for any development as defined herein; however shall
not require any property owner to contract with a qualified contractor for
the establishment of any such development.
Any party and/or individual whose proposed development includes pile driving into the waters of Harveys Lake shall, in addition to the provisions of § 24-2 of this chapter, secure a pile driving permit from the Borough Code Enforcement Officer on forms prescribed by said officer.
In addition to the requirements of this chapter, no development shall
be permitted which extends in whole or part into the waters of Harveys Lake
prior to securing all necessary approvals in accordance with the Borough Zoning
Ordinance and Building Code Ordinance[1] and the governing regulations of the Pennsylvania Department of
Environmental Protection.
Prior to the issuance of a building permit and/or pile driving permit,
the party and/or individual who proposes a development into and/or upon the
waters of Harveys Lake shall submit full construction drawings and profiles
of the proposed development to the Borough for review by the Borough Engineer.
The applicant shall be required to reimburse the Borough for all direct costs
incurred for such review, including but not limited to site inspections prior
to, during and at the completion of such proposed development.
Any design defects and/or deficiencies noted by the Borough Engineer
upon the construction drawings and profiles of the proposed development shall
be corrected and resubmitted to the Borough Engineers prior to the issuance
of a building permit and/or pile driving permit. The current BOCA code adopted
by the Borough and/or DEP regulations shall be applicable to the Borough Engineer's
review.
A.
Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in civil enforcement proceedings commenced
by Harveys Lake Borough, shall pay a judgment of not more than $500, plus
all court costs, including reasonable attorney fees incurred by Harveys Lake
Borough as a result of said proceedings. If the defendant neither pays nor
timely appeals the judgment, Harveys Lake Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation. All judgments, costs and
reasonable attorney fees collected for the violation of this chapter shall
be paid over to Harveys Lake Borough.
B.
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than Harveys Lake Borough
and/or the Borough Code Enforcement Officer the right to commence any action
for enforcement pursuant to this section.