Chapter 24, Lake Development

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 4-18-1995 by Ord. No. 2-1995. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 7.
Docks and boathouses -- See Ch. 10.
Zoning -- See Ch. 50.

§ 24-1. Definitions.
For the purpose of this chapter, the following terms shall have the meanings indicated:
DEVELOPMENT -- 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.

§ 24-2. License required; permits.
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,EN 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.

§ 24-3. Pile driving permit.
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.

§ 24-4. Compliance with other provisions.
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 OrdinanceEN and the governing regulations of the Pennsylvania Department of Environmental Protection.

§ 24-5. Submission of drawings; reimbursement of costs.
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.

§ 24-6. Amendments to drawings.
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.

§ 24-7. Violations and penalties.
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.