TOWNSHIP OF SUMMERHILL, PENNSYLVANIA CODE OF ORDINANCES

Summerhill Township, PA Code of Ordinances

TOWNSHIP OF SUMMERHILL, PENNSYLVANIA CODE OF ORDINANCES

BookmarkTOWNSHIP OF SUMMERHILL,
PENNSYLVANIA
CODE OF ORDINANCES
Current through Local Legislation Ord. No. 81, passed 2-5-2019
 
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TITLE I: GENERAL PROVISIONS

TITLE I:  GENERAL PROVISIONS
   Chapter
      10.   GENERAL PROVISIONS

CHAPTER 10: GENERAL PROVISIONS

BookmarkCHAPTER 10:  GENERAL PROVISIONS
Section
   10.01   Designation; citation; headings
   10.02   Amendments and supplements; numbering
   10.03   Definitions and interpretation
   10.04   Separability of provisions
   10.05   Sections and ordinances repealed
   10.06   Exemptions from repeal
 
   10.99   General code penalty; complicity

§ 10.01 DESIGNATION; CITATION; HEADINGS.

Bookmark§ 10.01  DESIGNATION; CITATION; HEADINGS.
   (A)   This volume consists of all ordinances and resolutions of a general and permanent nature of the municipality, as revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the “codified ordinances of Summerhill Township”, for which designation “codified ordinances” may be substituted. Title, chapter and section headings do not constitute any part of the law as contained in the codified ordinances.
   (B)   All references to titles, chapters and sections are to such components of the codified ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the “Traffic Code”. Sections may be referred to and cited by the designation section symbol (“§”) followed by the number, such as “§ 10.01”.

§ 10.02 AMENDMENTS AND SUPPLEMENTS; NUMBERING.

Bookmark§ 10.02  AMENDMENTS AND SUPPLEMENTS; NUMBERING.
   (A)   The codified ordinances of Summerhill Township may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of the Board of Supervisors to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the codified ordinances, so that a reference to the codified ordinances shall be understood and construed as including the codified ordinances of Summerhill Township and any and all such amendments and supplements.
   (B)   All amendments and supplements enacted as a part of the codified ordinances shall be integrated therewith by following the form of arrangement and plan set forth as follows: each title shall be subdivided into chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 10, which shall be numbered 10.01, the first “10” signifying the chapter number within the code, and the two figures “01” after the decimal signifying the first section in Chapter 10 of the code. Penalty sections shall be designated “99” and shall be the last section of a chapter.

§ 10.03 DEFINITIONS AND INTERPRETATION.

Bookmark§ 10.03  DEFINITIONS AND INTERPRETATION.
   In the construction of the codified ordinances, the following rules and definitions shall control, excepting those inconsistent with the manifest intent of the Board of Supervisors as disclosed in a particular provision, section or chapter. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADOPTING ORDINANCE. The ordinance of the municipality adopting the codified ordinances of Summerhill Township in conformity with the Second Class Township Code.
   AUTHORITY. Whenever, in the codified ordinances, AUTHORITY is given to an officer or an act is required to be performed, such AUTHORITY may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
   BOARD OF SUPERVISORS. The legislative authority of the township.
   CALENDAR; COMPUTATION OF TIME. The terms MONTH and YEAR mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
   CONJUNCTIONS.AND includes OR and OR includes AND, if the sense so requires.
   COUNTY. The County of Cambria, Pennsylvania.
   GENDER. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
   GENERAL RULE. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
   JOINT AUTHORITY. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
   KEEPER and PROPRIETOR. Persons, firms, associations, corporations, clubs and co-partnerships, whether acting themselves or as a servant, agent or employee.
   LAND and REAL ESTATE. Include rights and easements of an incorporeal nature.
   LAW. All applicable laws of the United States of America and the Commonwealth of Pennsylvania.
   MUNICIPALITY. Summerhill Township, Pennsylvania.
   NUMBER. Words in the plural include the singular and words in the singular include the plural.
   OATH. Includes affirmation. When an OATH is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an OATH.
   ORDINANCE. Includes any ordinance of the municipality, including any provision of these codified ordinances.
   OWNER. When applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
   PERSON. An individual, association, club, corporation, firm, partnership, body politic or other legal entity.
   PREMISES. When used as applicable to property, extends to and includes land and buildings.
   PROPERTY. Includes real and personal property and any mixed and lesser estates or interests therein. PERSONAL PROPERTY includes every kind of property except real property; REAL PROPERTY includes lands, tenements and hereditaments.
   PUBLISH. To print in a newspaper of general circulation in the municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
   REASONABLE TIME. In all cases where provision is made for an act to be done or notice to be given within a REASONABLE TIME, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
   RESIDENCE. An abode in which a person permanently resides.
   RESOLUTION OF THE BOARD OF SUPERVISORS. A determination of policy or effect of law formalized of Summerhill Township by vote of the Board of Supervisors.
   SECOND CLASS TOWNSHIP CODE. The Second Class Township Code of the Commonwealth of Pennsylvania, being the Act of May 1, 1933 (P.L. 103, No. 69), re-enacted and amended November 9, 1995 (P.L. 350, No. 60), as amended, being 53 P.S. §§ 65101 et seq.
   SHALL and MAY.SHALL is mandatory; MAY is permissive.
   SIDEWALK. Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
   STATE and COMMONWEALTH. The Commonwealth of Pennsylvania.
   STREET. Alleys, avenues, boulevards, lanes, roads, streets, state highways and other public ways in the municipality.
   TENANT and OCCUPANT. As applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
   TENSES. The use of any verb in the present tense includes the future.
   TIME. Whenever any time established in the codified ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next week day.
   TOWNSHIP. The Municipality of Summerhill, Pennsylvania.
   UNIT. Any governmental entity of the municipality.

§ 10.04 SEPARABILITY OF PROVISIONS.

Bookmark§ 10.04  SEPARABILITY OF PROVISIONS.
   Each section and each part of each section of these codified ordinances, including each section and each part of each section of any standard technical code adopted by reference in these codified ordinances, is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstance, is held to be invalid or unconstitutional, the remaining sections or parts of sections and the application of such provision to any other person or circumstance, other than those as to which it is held invalid or unconstitutional, shall not be affected thereby, and it is hereby declared to be the legislative intent that these codified ordinances would have been adopted independently of such section or part of a section so held to be invalid or unconstitutional.

§ 10.05 SECTIONS AND ORDINANCES REPEALED.

Bookmark§ 10.05  SECTIONS AND ORDINANCES REPEALED.
   All ordinances, resolutions, rules and regulations of the municipality, and parts of the same, in conflict with any of the provisions of these codified ordinances, are hereby repealed.

§ 10.06 EXEMPTIONS FROM REPEAL.

Bookmark§ 10.06  EXEMPTIONS FROM REPEAL.
   The repeal provided for in § 10.05 shall not affect:
   (A)   Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the adoption of these codified ordinances;
   (B)   Any ordinance or resolution promising or guaranteeing the payment of money by or to the municipality, or authorizing the issuance of any bonds of the municipality, or any evidence of the municipality’s indebtedness, or any contract or obligation assumed by the municipality;
   (C)   The administrative ordinances and resolutions of the Board of Supervisors not in conflict or inconsistent with the provisions of these codified ordinances;
   (D)   Any right, license or franchise conferred by any ordinance or resolution of the Board of Supervisors on any person;
   (E)   Any ordinance or resolution establishing, naming, relocating or vacating any street or other public way;
   (F)   Any ordinance or resolution or part thereof providing for the establishment of positions, for salaries or compensation;
   (G)   Any prosecution, suit or other proceeding pending, or any judgment rendered, on or prior to the adoption of these codified ordinances;
   (H)   Any ordinance or resolution levying or imposing taxes or assessments;
   (I)   Any ordinance or resolution establishing or changing the boundaries of the municipality; or
   (J)   Any ordinance or resolution adopted by the Board of Supervisors after the adoption of these codified ordinances.

§ 10.99 GENERAL CODE PENALTY; COMPLICITY.

Bookmark§ 10.99  GENERAL CODE PENALTY; COMPLICITY.
   (A)   All township ordinances previously enacted which provide for fines for violation of a building, housing, property maintenance, health, fire or public safety code or ordinance, and for water, air and noise pollution violations, and for the violation of any other township ordinance shall hereinafter be enforced in a civil enforcement proceeding commenced by the township before a District Justice with jurisdiction. Notice of such civil enforcement proceeding shall be made in accordance with the applicable Pennsylvania Rules of Civil Procedure. If a defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
   (B)   For all township ordinances governing a building, housing, property maintenance, health, fire or public safety code, and for water, air and noise pollution violations, each such violation shall carry a fine not exceeding $1,000 per day during which such violation shall continue, plus all court costs and reasonable attorney fees incurred by the township in enforcing the violation. For all other township ordinances, the maximum fine shall be not more than $600 per day during every day in which such violation shall continue.
Statutory reference:
   Ordinances; penalty, see 53 P.S. § 66601

TITLE III: ADMINISTRATION

TITLE III:  ADMINISTRATION
   Chapter
      30.   GENERAL PROVISIONS
      31.   TOWNSHIP BOARD OF SUPERVISORS
      32.   TOWNSHIP EMPLOYEES
      33.   TOWNSHIP ORGANIZATIONS
      34.   TOWNSHIP POLICE DEPARTMENT
      35.   TOWNSHIP FIRE DEPARTMENT
      36.   TAXATION
      37.   TOWNSHIP POLICIES

CHAPTER 30: GENERAL PROVISIONS

BookmarkCHAPTER 30:  GENERAL PROVISIONS
Section
   30.01   Articles of incorporation

§ 30.01 ARTICLES OF INCORPORATION.

Bookmark§ 30.01  ARTICLES OF INCORPORATION.
   In compliance with the requirements of the Municipal Authorities Act, being 53 Pa.C.S. §§ 5601 et seq., as amended, the Board of Supervisors of the Township of Summerhill, a municipal corporation of the County of Cambria and Commonwealth of Pennsylvania, desiring to organize an authority thereunder, does hereby certify:
   (A)   The name of the Authority is “The Municipal Authority of the Township of Summerhill”;
   (B)   Said Authority is formed under the Act of May 2, 1945, P.L. 382, as amended and supplemented;
   (C)   No other authority organized under the said Act of May 2, 1945, as amended and supplemented, or by any previous Act of Assembly authorizing and regulating municipal authorities, is in existence in or for the incorporating municipality, the said Township of Summerhill, County of Cambria and Commonwealth of Pennsylvania;
   (D)   The project or projects to be undertaken by said Authority shall be projects permitted and authorized by the laws of the commonwealth as the township may from time to time by resolution or ordinance specify.
(Ord. 15, passed 4-19-1970)

CHAPTER 31: TOWNSHIP BOARD OF SUPERVISORS

BookmarkCHAPTER 31:  TOWNSHIP BOARD OF SUPERVISORS
Section
   31.01   Board meetings
   31.02   Supervisor compensation

§ 31.01 BOARD MEETINGS.

Bookmark§ 31.01  BOARD MEETINGS.
   Public comment at regular or special meetings shall be governed by the following rules and regulations.
   (A)   A period of public comment shall be held at each meeting.
   (B)   The Chairperson of the Board shall preside over the public comment period and may within his or her discretion:
      (1)   Recognize individuals wishing to offer comment;
      (2)   Require identification of such persons, as to name, address and whether a resident and/or taxpayer;
      (3)   Allocate available time among individuals wishing to comment;
      (4)   Rule out of order scandalous, impertinent and redundant comment or any comment the discernible purpose of which is to disrupt or prevent the conduct of the business of the meeting; and
      (5)   Any group shall have one spokesperson.
   (C)   The time allocated for the public comment period at each meeting shall be 15 minutes, with no one person having more than five minutes, unless otherwise changed by resolution of the Board.
   (D)   In the event that there is insufficient time for public comment at a meeting, the Board, at its discretion, may defer the public comment period to a meeting held in advance of the next regular or special meeting or until the next regular or special meeting.
(Res. 109, passed 8-18-1993)

§ 31.02 SUPERVISOR COMPENSATION.

Bookmark§ 31.02  SUPERVISOR COMPENSATION.
   (A)   (1)   The compensation of each of the Supervisors of the township is hereby fixed at $156.25 per month, payable monthly, from the general funds of the township, the said township having at the present time 1,459 registered voters therein; provided, no compensation shall be paid in any month to any Supervisor who has failed to attend at least one regular meeting of the Board of Supervisors for that month.
      (2)   This division (A) is pursuant to action taken at a meeting of the Supervisors held December 5, 1995 and shall take effect January 1, 1996 and the first monthly compensation payable hereunder shall be for the month of January, 1996.
   (B)   Such compensation shall be paid in monthly installments.
   (C)   Compensation will not be paid for meetings not attended.
(Ord. 32, eff. 1-1-1986; Ord. 43, passed 9-3-1996)

CHAPTER 32: TOWNSHIP EMPLOYEES

BookmarkCHAPTER 32:  TOWNSHIP EMPLOYEES
Section
   32.01   Non-uniformed pension plan
   32.02   Cap on hours for part-time and per diem workers

§ 32.01 NON-UNIFORMED PENSION PLAN.

Bookmark§ 32.01  NON-UNIFORMED PENSION PLAN.
   (A)   The Board of Supervisors of the township (the “employer”) has previously enacted an ordinance establishing the Township Non-Uniformed Pension Plan (the “Plan”).
   (B)   The Plan, copies of which are on file in the township office, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein.
(Ord. 80, passed 9-5-2017)

§ 32.02 CAP ON HOURS FOR PART-TIME AND PER DIEM WORKERS.

Bookmark§ 32.02  CAP ON HOURS FOR PART-TIME AND PER DIEM WORKERS.
   A cap of 1,000 hours a year for part-time and per diem workers has been adopted by the Board of Supervisors, which will run from January 1 to December 31 of each year. This means that once a part-time or per diem worker has worked 1,000 hours, his or her employment with the township will be ended for that fiscal year.
(Res. 110, passed 9-1-1993)

CHAPTER 33: TOWNSHIP ORGANIZATIONS

BookmarkCHAPTER 33:  TOWNSHIP ORGANIZATIONS
Section
Forest Hills Planning Commission
   33.01   Membership
   33.02   Expenses
   33.03   Administrative authorizations
   33.04   General authorization of duties
   33.05   Specific authorization
   33.06   Articles of incorporation
County Sanitation Committee
   33.35   Purpose
   33.36   Grant of power
   33.37   Definitions
   33.38   Sanitation Committee creation
   33.39   Powers and duties of the Sanitation Committee
   33.40   Term of participation; new members; amendments

FOREST HILLS PLANNING COMMISSION

FOREST HILLS PLANNING COMMISSION

§ 33.01 MEMBERSHIP.

Bookmark§ 33.01  MEMBERSHIP.
   The Forest Hills Planning Commission shall be comprised of a total of six voting members, three of whom shall be appointed by the Township Supervisors and three of whom shall be appointed by the Wilmore Borough Council. Members shall be staggered with the township appointing members to five-, three- and one-year terms and Wilmore Borough appointing members to terms of five-, three- and one- year terms. Each municipality may appoint any number of non-voting “advisory” members who shall be entitled to attend and participate in all meetings of the Joint Municipal Planning Commission, including executive sessions.
(Ord. 52, passed 10-5-1999)

§ 33.02 EXPENSES.

Bookmark§ 33.02  EXPENSES.
   Each municipality may contribute to the expenses of the Joint Municipal Planning Commission. The amount of contribution, if any, shall be in the sole discretion of each municipality, and no right shall exist to compel a contribution of any amount. The sole exception shall be that if a municipality assigns specific review functions to the Joint Planning Commission, the Joint Municipal Planning Commission is hereby authorized to adopt charges for such reviews as will cover its costs of review.
(Ord. 52, passed 10-5-1999)

§ 33.03 ADMINISTRATIVE AUTHORIZATIONS.

Bookmark§ 33.03  ADMINISTRATIVE AUTHORIZATIONS.
   The Joint Municipal Planning Commission shall adopt such by-laws, elect officers and establish such rules and procedures for operation as may be necessary or convenient to carry out the purposes set forth in the Municipalities Planning Code, or such duties as may be specifically assigned in the future by either municipality.
(Ord. 52, passed 10-5-1999)

§ 33.04 GENERAL AUTHORIZATION OF DUTIES.

Bookmark§ 33.04  GENERAL AUTHORIZATION OF DUTIES.
   The Joint Municipal Planning Commission shall carry out all duties normally conducted by Planning Commissions and particularly all those duties set forth in Article XI of the Municipalities Planning Code, being 53 P.S. §§ 11101 et seq.
(Ord. 52, passed 10-5-1999)

§ 33.05 SPECIFIC AUTHORIZATION.

Bookmark§ 33.05  SPECIFIC AUTHORIZATION.
   (A)   The Joint Municipal Planning Commission shall within three months of organization begin the examination of the possible consolidation of Wilmore Borough and the township and such other local municipalities as might appropriately be considered.
   (B)   Consolidation shall include, in addition to its regularly accepted meaning, changes in government or sharing of services.
   (C)   The Joint Municipal Planning Commission shall within 12 months of organization prepare a report on such consolidation.
(Ord. 52, passed 10-5-1999)

§ 33.06 ARTICLES OF INCORPORATION.

Bookmark§ 33.06  ARTICLES OF INCORPORATION.
   The articles of incorporation of the Forest Hills Municipal Authority are amended to read as hereinafter set forth in full: the said Authority shall be in existence for a term of 50 years from January 6, 1998.
(Res. 140, passed 2-3-1998)

COUNTY SANITATION COMMITTEE

COUNTY SANITATION COMMITTEE

§ 33.35 PURPOSE.

Bookmark§ 33.35  PURPOSE.
   The Board of Supervisors of the township finds it desirable to enact this subchapter to:
   (A)   Protect the health, safety and welfare of the residents and landlords of the township; and
   (B)   Create a multi-municipal local agency for the administration of the Pennsylvania Sewage Facilities Act, being 35 P.S. §§ 750.1 et seq., as amended, and the regulations promulgated thereunder.
(Ord. 50, passed 12-15-1998)

§ 33.36 GRANT OF POWER.

Bookmark§ 33.36  GRANT OF POWER.
   This subchapter is adopted pursuant to power granted in:
   (A)   The Pennsylvania Sewage Facilities Act, Act 537 of 1966 (35 P.S. §§ 750.1 et seq.) as amended, or as it may be amended from time to time;
   (B)   The Pennsylvania Clean Streams Law, Act 394 of 1937 (35 P.S. §§ 691.1 et seq.) as amended, or as it may be amended from time to time; and
   (C)   The Pennsylvania Local Agency Law (2 Pa.C.S.A. §§ 551 and 751) as amended, or as it may be amended from time to time.
(Ord. 50, passed 12-15-1998)

§ 33.37 DEFINITIONS.

Bookmark§ 33.37  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Pennsylvania Sewage Facilities Act, Act 537 of 1966 (35 P.S. §§ 750.1 et seq.) as amended, or as it may be amended from time to time.
   BOARD. The governing body of the Committee through which all policy making powers granted to the Committee are exercised.
   CHAPTER 71, 72 or 73 . Regulations adopted pursuant to the Act and more specifically identified as Pa. Code Title 25, Environmental Resources.
   COMMITTEE. The Cambria County Sanitation Committee, the entity created by this subchapter.
   DEPARTMENT. The Pennsylvania Department of Environmental Protection.
   GOVERNING BODY. The Board of Supervisors of the Township of Summerhill, Cambria County, Pennsylvania.
   MULTI-MUNICIPAL LOCAL AGENCY (MMLA). The Cambria County Sanitation Committee, the entity created by the adoption of this subchapter; the Committee.
   TOWNSHIP. Summerhill Township, Cambria County, Pennsylvania.
(Ord. 50, passed 12-15-1998)

§ 33.38 SANITATION COMMITTEE CREATION.

Bookmark§ 33.38  SANITATION COMMITTEE CREATION.
   The governing body hereby:
   (A)   Creates, constitutes and establishes the Sanitation Committee for the purposes described above;
   (B)   (1)   As soon as possible, but not later than 30 days after the adoption of this subchapter, every member shall, by action of its governing body, appoint a representative and, at its option, may also appoint an alternate representative to the Board.
      (2)   Each representative and alternate shall be an individual who must be:
         (a)   A member of the governing body of the member municipality that he or she represents; or
         (b)   The Municipal Secretary.
   (C)   Conveys to the Sanitation Committee the enforcement and administration of all three aspects of the Act and regulations;
   (D)   Directs the Board to, at all times, act in a manner consistent with the Act and regulations and the additional provisions in this subchapter;
   (E)   Authorizes and directs the Sanitation Committee to act on behalf of the governing body through the appointed officers/Board to issue, deny or revoke permits, conduct inspections, abate nuisances and health hazards arising from malfunctioning on-lot disposal systems, conduct hearings, prosecute violators and apply for operating grants from the Department or any other entity; and
   (F)   Directs the Board to establish, and, further, pledges to pay in a timely manner, initial and annual membership fees adequate to provide the Sanitation Committee with liquid fiscal resources to establish itself and continue to operate while awaiting receipt of reimbursement grants from the Department of Environmental Protection.
(Ord. 50, passed 12-15-1998)

§ 33.39 POWERS AND DUTIES OF THE SANITATION COMMITTEE.

Bookmark§ 33.39  POWERS AND DUTIES OF THE SANITATION COMMITTEE.
   In addition to the powers and duties enumerated above, the Sanitation Committee shall:
   (A)   Prepare and adopt by-laws that:
      (1)   Define the method by which (future) Committee representatives will be appointed;
      (2)   Set forth the method by which the Committee will conduct business;
      (3)   Establish a quorum for the conduct of business;
      (4)   Establish meeting times and dates;
      (5)   Define the manner in which vacancies will be filled;
      (6)   Create any necessary subcommittees;
      (7)   Establish fees for the various permits and services performed by the Committee or its staff; and
      (8)   Create a Hearing Board to conduct hearings regarding permit denials and other SEO actions.
   (B)   Prepare and adopt an annual budget;
   (C)   Prepare an annual application to obtain a reimbursement grant from the Department;
   (D)   Prepare and submit annual reports to participating municipalities;
   (E)   Hire, fire, promote and discipline personnel necessary to conduct the business of the Committee and set their rates of compensation;
   (F)   Create a package of employee benefits, including:
      (1)   Sick and/or vacation leave and/or paid holidays; and
      (2)   Health and/or life and/or disability insurance.
   (G)   Create an employees’ manual containing job descriptions, qualifications for employment and pay scales; and
   (H)   Secure by contract, or other arrangement, legal counsel and the services of other professionals, as may be necessary or desirable to advance the work of the Committee.
(Ord. 50, passed 12-15-1998)

§ 33.40 TERM OF PARTICIPATION; NEW MEMBERS; AMENDMENTS.

Bookmark§ 33.40  TERM OF PARTICIPATION; NEW MEMBERS; AMENDMENTS.
   (A)   The participation in the Committee by the governing body shall begin on the effective date of this subchapter, and shall continue for a period of at least two years. Such participation shall include the fulfillment of all responsibilities including payment of assessments, costs, fees and expenses.
   (B)   After the expiration of the aforesaid two-year period, the governing body may, upon 90 days written notice to the Board, withdraw from the Committee through the repeal of this subchapter.
      (1)   During the intervals between receipt of written notice pursuant to division (B)(2) below and the actual date of withdrawal, the Committee shall not accept, process or otherwise act upon new applications for on-lot sewage disposal systems in the municipality which has served notice of intent to withdraw.
      (2)   The Committee shall notify interested parties and applicants of the impending change of administration and will, to the best of its ability, refer interested parties to the succeeding SEO/MMLA.
      (3)   All applications in progress, when notice of intent to withdraw is received, shall be advanced through issuance/denial in a timely manner and, in all cases, before the withdrawal becomes effective.
      (4)   The repeal of this subchapter shall take place five days after the adoption or enactment of any repealing ordinance; however, it shall be effective no less than 90 days following notice described in division (B)(1) above.
   (C)   After the effective date of this subchapter, any municipality may choose to become a member by adopting this subchapter in full.
      (1)   All work on an application for an on-lot sewage disposal system permit then in progress where site testing has not been completed or a design has been submitted but a permit has not been issued, shall be turned over to the Committee for completion by the Committee’s SEO. The new member will pay to the Committee any monies received from the permittee and/or the commonwealth or any entity relative to any such applications for on-lot sewage disposal systems. The permittee shall be responsible for all fees and costs associated with the completion of the application which the permittee has not already paid or which have not been paid on the permittee’s behalf.
      (2)   In the event that a system is installed using a valid permit issued by a prior SEO, and in the event that the prior SEO has been compensated for the installation inspection portion of the application permitting process, the issuing SEO shall be responsible for the installation inspection, provided he or she is a currently certified SEO.
      (3)   In the event that a system is installed using a valid permit issued by a prior SEO, and the issuing SEO is no longer a certified SEO by reason of retirement from the activities of SEO, then the matter shall be turned over to the Committee’s SEO. The member shall pay to the Committee any monies received from the permittee and/or the commonwealth or any entity relative to such permit. The permittee shall be responsible for all fees and costs associated with the permit and/or completion of the system which the permittee has not already paid or which have not been paid on the permittee’s behalf.
      (4)   In the event that a permit was issued by a prior SEO and the issuing SEO is no longer a certified SEO, by reason of a certification revocation action by the Department of Environmental Protection or the voluntary surrender of his or her certification to avoid prosecution, then the Committee shall, in its sole discretion, evaluate the outstanding permits and may require testing and/or system redesign by the Committee’s employees, the costs of which shall be borne by the member on behalf of the permittee.
      (5)   Nothing in this division (C) shall prohibit the member from recovering any paid but unearned compensation or wages from the prior SEO.
      (6)   Nothing in this division (C) shall prohibit the member from recovering the costs of retesting or redesign when the actions of the former SEO were contrary to the Act or regulations.
   (D)   In the event that it becomes necessary to change this subchapter in whole or in part, no changes shall become effective and no new or altered obligation or duty shall be placed upon the Committee, and no change in the terms of this subchapter shall become effective until such time as every participating municipality shall have adopted an identical amendatory ordinance or duly adopted resolution.
(Ord. 50, passed 12-15-1998)

CHAPTER 34: TOWNSHIP POLICE DEPARTMENT

BookmarkCHAPTER 34:  TOWNSHIP POLICE DEPARTMENT
Section
Police Pension Plan
   34.01   Definitions
   34.02   Eligibility
   34.03   Contributions
   34.04   Allocation of contributions
   34.05   Investments
   34.06   Valuation of assets
   34.07   Benefits
   34.08   Payment of benefits
   34.09   Termination of employment
   34.10   Administration
   34.11   Pension Fund
   34.12   Amendment and termination
   34.13   Funding standard and requirements
   34.14   Miscellaneous
Agreements
   34.25   Police service agreement

POLICE PENSION PLAN

POLICE PENSION PLAN

§ 34.01 DEFINITIONS.

Bookmark§ 34.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCOUNT or ACCRUED BENEFIT.  The fair market value of a participant’s individual account as determined on each valuation date. Adjustments to the account, which will be recognized for any purpose hereunder between each valuation date shall only include distributions from the account and employee contributions under § 34.03(B). All other adjustments shall only be recognized as of the valuation date.
   ACT.  The Municipal Pension Plan Funding Standard and Recovery Act, enacted as Act 205 of 1984, as amended, 53 P.S. §§ 895.101 et seq.
   AUTHORIZED LEAVE OF ABSENCE.  Any leave of absence granted by the employer for reasons including, but not limited to, accident, sickness, pregnancy or temporary disability (not workers compensation), education, training, jury duty or such other reasons as may necessitate authorized leave from active employment. AUTHORIZED LEAVE OF ABSENCE shall include any period of absence from employment for the purpose of serving in the Armed Forces of the United States of America, provided the employee returns to employment at the time and under the circumstances which provide reemployment rights pursuant to federal and state law.
   BENEFICIARY.  Any person(s) designated by a participant to receive any benefits, which may be due under this plan upon death of the participant. If there should be no such designation, or if the beneficiary does not survive the participant, BENEFICIARY shall mean the spouse, children, parents, brothers and sisters or estate of the participant, in the order listed.
   BOARD.  The Board of Supervisors of Summerhill Township.
   BREAK IN SERVICE.  A computation period of 12 months during which an individual fails to complete at least 1,000 hours of service as an employee in employment.
   CERTIFICATION FORM.  The Commonwealth of Pennsylvania, Department of the Auditor General, Certification Form AG-385, filed on an annual basis.
   CHIEF ADMINISTRATIVE OFFICER.  The person designated by the employer who has the primary responsibility for the execution of the administrative affairs for the plan. This person shall be the Chairman of the Board of Supervisors.
   COMMONWEALTH.  The Commonwealth of Pennsylvania.
   CONTINUOUS EMPLOYMENT.  An employee’s period or periods, if reemployed after incurring a break in service, of uninterrupted employment with the employer. For purposes of this section, employment shall not be deemed interrupted by any periods of authorized leave of absence. In the event an employee does not return to employment at the conclusion of an authorized leave of absence, the employee shall be deemed to have terminated employment as of the last day on which the employee rendered active services for the employer.
   CONTRACT or POLICY.  A retirement annuity or retirement income endowment policy (or a combination of both), or any other form of insurance contract or policy which shall be deemed appropriate in accordance with the provisions of the Act.
   EFFECTIVE DATE.  January 1, 2006, the date upon which the provisions of this plan are effective.
   EMPLOYEE.  Any police officer (uniformed employee) that is regularly employed on a full-time basis.
   EMPLOYER.  Summerhill Township, Cambria County, Pennsylvania.
   EMPLOYMENT.  Any period of time during which an employee renders services for the employer for which the employee is entitled to receive compensation. EMPLOYMENT shall not include any period of time during which an individual performs services as an independent contractor paid on a contractual or fee basis. EMPLOYMENT shall include periods of time during which an employee is receiving workers compensation benefits due to a work related injury/illness.
   ENTRY DATE.  The first day the employee is employed on a full-time basis.
   HOUR OF SERVICE.  Each hour for which an employee is entitled to compensation for full-time employment.
   INSURER or INSURANCE COMPANY.  Any legal reserve life insurance company licensed to do business in one or more states of the United States.
   NORMAL RETIREMENT AGE.  The date that an employee attains age 55 or the date when an employee terminates employment.
   PARTICIPANT.  Any employee who has commenced participation in this plan in accordance with § 34.02 of this chapter and has not for any reason ceased to participate hereunder.
   PENSION FUND.  The fund administered under the terms of this plan which shall include all assets including but not limited to money, property, investments, contracts and policies standing in the name of the plan.
   PLAN.  The Summerhill Township Police Pension Plan set forth in this chapter.
   PLAN ADMINISTRATOR.  The employer or any individual or committee to whom the employer delegates such function.
   PLAN YEAR.  The 12-month period beginning on January 1 and ending on December 31.
   RETIREMENT DATE.  The first day of the month coincident with or next following the date when an employee terminates employment and is eligible for payment of a benefit hereunder pursuant to § 34.07 of this chapter.
   TOTAL AND PERMANENT DISABILITY.  A condition of physical or mental impairment due to which a participant is unable to perform any gainful occupation for which the participant is reasonably fitted through training, education, and experience, which shall be expected to be permanent and continuous for the remainder of the life of the participant, and due to which the participant shall be eligible for Social Security disability benefits.
   VALUATION DATE.  The last day of the plan year.
   YEAR OF SERVICE.  Each completed 12-month period of continuous employment with the employer during which an employee completes at least 1,000 hours of service (approximately six months) during the plan year.
(Ord. 61, passed 3-3-2006)

§ 34.02 ELIGIBILITY.

Bookmark§ 34.02  ELIGIBILITY.
   (A)   Eligibility for participation.  Each employee shall be eligible to participate in the plan as of the employee’s entry date. Each employee shall be credited with years of service prior to the effective date for vesting purposes only.
   (B)   Change in status.  In the event a participant who remains in the service of the employer ceases to be an employee eligible for participation hereunder, no further contributions shall be credited with respect to such participant until the participant again qualifies under such participation requirements.
   (C)   Leave of absence.  During any authorized leave of absence, a participant shall continue to receive credit for years of service for vesting but no additional employer contributions shall be credited to such participant unless expressly authorized by the employer as part of the terms and conditions of such authorized leave of absence. An employee who fails to return to employment at the conclusion of an authorized leave of absence shall be deemed to have terminated employment as of the last day on which services were actually rendered as an employee.
   (D)   Recordkeeping.  The employer shall furnish the administrator with such information as will aid the administrator in the administration of the plan and Pension Fund. Such information shall include all pertinent data on employees for purposes of determining their eligibility to participate in this plan initially and subsequently.
(Ord. 61, passed 3-3-2006)

§ 34.03 CONTRIBUTIONS.

Bookmark§ 34.03  CONTRIBUTIONS.
   (A)   Employer contributions. 
      (1)   The employer shall make an annual contribution to the account of each participant who has completed a year of service during the plan year in an amount equal to $2,500.
      (2)   Contributions may be made from the general tax revenues of the employer, or any state aid received pursuant to the Act, or from gifts or donations of any kind.
      (3)   The employer contribution rate may be changed on an annual basis by adoption of a resolution by the Board.
   (B)   Employee contributions.  Participants are not required to contribute to the plan.
   (C)   No reversion to the employer.  At no time shall it be possible for the plan assets to be used for, or diverted to, any purpose other than for the exclusive benefit of the participants and their beneficiaries, except that contributions made by the employer may be returned to the employer if the contribution was made due to a mistake of fact and the contribution is returned within one year of the mistaken payment of the contribution, or the plan is terminated, as provided in § 34.12 of this section.
   (D)   Forfeitures.  Any forfeitures arising from the operation of the plan shall be considered a credit to be allocated to active participants (active on the date the forfeiture occurs) on an equal basis. Forfeitures shall be distributed to active participants within 12 months as of the date the forfeiture occurred.
(Ord. 61, passed 3-3-2006)

§ 34.04 ALLOCATION OF CONTRIBUTIONS.

Bookmark§ 34.04  ALLOCATION OF CONTRIBUTIONS.
   (A)   Separate accounting.  The plan administrator shall establish and maintain a separate account for each participant. The participant shall be informed of the fair market value of the account at least once a year.
   (B)   Allocation of contributions. 
      (1)   The total contributions of the employer with respect to any plan year shall be allocated to the account of each participant. Allocations shall be determined as of the valuation date and shall occur at such time as the total contribution for the plan year has been made. Any contribution made in respect of any plan year by the employer shall be deemed to have been made as of the valuation date occurring at the end of the plan year with respect to which such contribution was made.
      (2)   The employer may make contributions and allocations to participants’ accounts on a quarterly basis.
      (3)   For ease of administration and to permit plan participant’s to self direct investments under § 34.05(B) of this chapter, any contributions paid into the Pension Fund may be allocated to the account of each participant when the contribution is deposited even though such final allocation shall be deemed to occur as of each annual valuation date only for purposes of establishing the right of any participant or beneficiary to share in the contributed amount or any earnings thereon.
(Ord. 61, passed 3-3-2006)

§ 34.05 INVESTMENTS.

Bookmark§ 34.05  INVESTMENTS.
   (A)   Investment of contributions.  The plan administrator shall receive, hold, invest and reinvest all contributions and assets of this plan. The purchase of contract(s) shall be considered a form of investment. Investments shall be made from contributions and monies deposited into the Pension Fund.
   (B)   Pension Fund investment. 
      (1)   The plan administrator is authorized and empowered to invest and reinvest the principal and income of the Pension Fund and to keep the Pension Fund invested without distinction between principal and income, in such property, real or personal, as deemed advisable, including but not limited to any common or preferred stocks, bonds, mutual funds, notes, mortgages, trust certificates, savings accounts, individual single premium annuity contracts, allocated or unallocated group annuity contracts, or investment only contracts, and pooled accounts of a bank or trust company maintained exclusively for pension plans. The Plan Administrator shall exercise the judgment and care under the circumstances then prevailing, which an individual of prudence, discretion, and intelligence familiar with such matters would exercise in a like situation.
      (2)   The Plan Administrator may, on a non-discriminatory basis, permit the plan participants to direct the investment of the balance of the participant’s account, whether vested or non-vested, into investment options made available by the plan administrator. The plan administrator shall be responsible for determining what investment options shall be made available hereunder and shall be liable for the prudent selection and monitoring of such options. To the extent that a participant hereunder directs investments of the balance of the participant’s account, the plan administrator shall be relieved of all responsibility and liability for the direction made by the participant other than to ensure that the direction of the participant is followed. The plan administrator shall have the right to change the investment options available hereunder at any time and from time to time upon notifying the plan participants, or may terminate the privilege of plan participant’s to self direct the investment of the balance of the participant’s account at any time.
   (C)   Rights of plan administrator.  The rights and interest of any participant on whose life or in whose name a contract is issued shall not be expanded by such an investment and any and all rights provided under the contract or permitted by the insurer shall be reserved to the plan administrator. Such rights shall include the right to surrender, reduce or split the contract, the right to name and change the payee to receive thereunder on the happening of any contingency specified in the contract, and such other rights as may be reserved to the owner of the contract or policy.
(Ord. 61, passed 3-3-2006)

§ 34.06 VALUATION OF ASSETS.

Bookmark§ 34.06  VALUATION OF ASSETS.
   (A)   Maintenance of individual accounts.  The individual account maintained on behalf of each participant shall be credited or debited (as the case may be) with the allocable share of such participant in the plan resulting from employer contributions (or including forfeitures as a part thereof), employee contributions and appreciation or depreciation in the value of the Pension Fund, as set forth in this chapter.
   (B)   Valuation of Pension Fund.  The plan administrator shall determine, as of each annual valuation date, the net value of the Pension Fund and the amount of net income or net loss. In determining such value, the plan administrator shall value such assets at their fair market value as of the close of business on each valuation date and the appreciation or depreciation in the value of the Pension Fund since the prior valuation date plus any net income (exclusive of contributions and forfeitures) or net loss and expenses incurred shall be debited or credited among the participant’s accounts.
   (C)   Crediting of investment results.  As of any annual valuation date, the earnings and accretions of the Pension Fund attributable to investment of fund assets, reduced by losses experienced (whether or not realized) and expenses incurred since the preceding annual valuation date shall be credited or debited to the accounts of the participants and beneficiaries who had unpaid balances in their accounts as of such annual valuation date in proportion to the balances in such accounts as of the prior valuation date, after reducing such prior valuation date balances by the amounts withdrawn by or distributed to the participant or beneficiary since such valuation date, if any. To the extent that a participant self directs the investment of the balance of the participant’s account, the crediting of investment results shall be the actual investment performance of those investments.
   (D)   Crediting of contributions.  As of each annual valuation date, after such crediting of the valuation results to each account, contributions shall be allocated to each account pursuant to § 34.04(B) of this chapter.
   (E)   Valuation of contracts.  If the plan administrator is investing in an unallocated group annuity or investment contract, such assets shall be valued and accounts adjusted in the same manner as provided in divisions (B) and (C) of this section.
   (F)   Communications to participants.  The total value of a participant’s account shall be determined as of each valuation date and, as soon as practical after the end of such plan year, the plan administrator shall convey to each participant the total value of the account as determined pursuant to this section, provided, however, that neither the maintenance of accounts nor the allocations of contributions to accounts shall operate to vest in any participant any right or interest in or to any assets of the Pension Fund except as the plan specifically provides.
(Ord. 61, passed 3-3-2006)

§ 34.07 BENEFITS.

Bookmark§ 34.07  BENEFITS.
   (A)   Retirement.  Each participant who shall retire after attaining normal retirement age at a retirement date shall be vested in accordance with the provisions of § 34.09 and shall have a nonforfeitable right to the vested value of the participant’s account and contributions hereunder shall cease thereupon. The plan administrator shall then distribute the vested value of the participant’s account in accordance with § 34.08 of this chapter.
   (B)   Disability.  A participant who incurs total and permanent disability prior to becoming vested in the account shall receive a distribution in an amount equal to the employer contributions, and earnings thereon, allocated to the account as of the date that the total and permanent disability commenced.
   (C)   Death.  If a participant dies while still an employee, the beneficiary, or in the absence of a beneficiary, the participant’s estate, shall receive a lump sum benefit equal to the fair value of the participant’s account as of the date of the participant’s death. Upon the death of a participant after retirement or termination, no death benefits shall be payable except such benefit as is provided under the particular form of benefit payment elected.
(Ord. 61, passed 3-3-2006)

§ 34.08 PAYMENT OF BENEFITS.

Bookmark§ 34.08  PAYMENT OF BENEFITS.
   (A)   Payment of benefits. 
      (1)   Upon a participant’s entitlement to payment of retirement benefits under § 34.07(A) of this chapter, such individual shall file with the plan administrator a written election on such form or forms and subject to such conditions as the plan administrator shall provide. The election shall specify whether payment of benefits is to be made as of such entitlement or to be deferred to the extent provided in division (C) of this section and which of the methods provided below for payment of benefits would be preferred. The plan administrator in its sole discretion, and in accordance with the provisions of this section, but considering a participant’s election, if any, shall then determine when payment of a participant’s benefit is to commence and the method by which the benefits will be paid. The plan administrator shall follow a participant’s beneficiary designation in the case of a distribution on account of the participant’s death. Payments to a beneficiary shall be made or commence as soon as practicable after a participant’s death.
      (2)   Unless a participant elects earlier commencement of benefits, payment of the benefits under this plan shall be made or commence within 60 days after the later of the end of the plan year in which the normal retirement date occurs or the end of the plan year in which employment terminates.
      (3)   The plan administrator shall distribute the amounts due from a participant’s account in any one of the following methods:
         (a)   A lump sum based on the fair market value of the participant’s account; or
         (b)   In equal installments paid not less frequently than annually over a period which does not exceed the earlier of 15 years or the joint life expectancy of the participant and the spouse of the participant.
   (B)   Commencement of benefits. 
      (1)   A participant may elect to commence receiving distribution of retirement benefits as of the retirement date or may defer such payments to a date not later than the required date for commencement of benefits determined under division (C) of this section. If a participant elects immediate commencement of the retirement benefit, payments shall commence as of the retirement date.
      (2)   Unless the participant otherwise elects, payment of benefits under the plan shall commence not later than 60 days following the close of the plan year in which occurs the latest of the following dates:
         (a)   The date when the participant attains normal retirement age; or
         (b)   The date when the participant terminates service with the employer.
   (C)   Transfer of ownership.  Where a participant’s account is held solely in individual insurance contracts or investment contracts, upon eligibility for retirement benefits and in lieu of making a lump-sum or periodic payments, the employer may transfer ownership of any contracts from the employer to the participant.
   (D)   Required distributions.
      (1)   (a)   Notwithstanding any other provision of this plan, the entire benefit of any participant who becomes entitled to benefits prior to death shall be distributed either:
            1.   Not later than the required beginning date; or
            2.   Over a period beginning not later than the required beginning date and extending over the life of such participant or over the lives of such participant and a designated beneficiary (or over a period not extending beyond the life expectancy of such participant, or the joint life expectancies of such participant and a designated beneficiary).
         (b)   If a participant who is entitled to benefits under this plan dies prior to the date when the entire interest has been distributed after distribution of benefits has begun in accordance with subsection 2. above, the remaining portion of such benefit shall be distributed at least as rapidly as under the method of distribution being used under subsection 2. above as of the date of death.
      (2)   If a participant who is entitled to benefits under this plan dies before distribution of benefits has begun, the entire interest of such participant shall be distributed within five years of the death of such participant, unless the following sentence is applicable. If any portion of the participant’s interest is payable to (or for the benefit of) a designated beneficiary, such portion shall be distributed over the life of such designated beneficiary (or over a period not extending beyond the life expectancy of s such beneficiary), and such distributions begin not later than one year after the date of the participant’s death or such later date as provided by regulations issued by the Secretary of the Treasury, then for purposes of the five-year rule set forth in the preceding sentence, the benefit payable to the beneficiary shall be treated as distributed on the date on which such distributions begin. Provided, however, that notwithstanding the preceding sentence, if the designated beneficiary is the surviving spouse of the participant, then the date on which distributions are required to begin shall not be earlier than the date upon which the participant would have attained age 70-1/2 and, further provided, if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the participant.
      (3)   For purposes of this section, the following definitions and procedures apply:
         (a)   REQUIRED BEGINNING DATE.  April 1 of the calendar year following the later of the calendar year in which the participant attains age of 70-1/2, or the calendar year in which the participant retires.
         (b)   DESIGNATED BENEFICIARY.  Any individual designated by the participant under this plan according to its rules.
         (c)   Any amount paid to a child shall be treated as if it had been paid to the surviving spouse if such amount will become payable to the surviving spouse upon such child's reaching majority (or other designated event permitted under regulations issued by the Secretary of the Treasury).
         (d)   For purposes of this section, the life expectancy of a participant and/or the participant’s spouse (other than in the case of a life annuity) may be redetermined but not more frequently than annually.
(Ord. 61, passed 3-3-2006)

§ 34.09 TERMINATION OF EMPLOYMENT.

Bookmark§ 34.09  TERMINATION OF EMPLOYMENT.
   (A)   Vesting upon termination of employment. 
      (1)   If a participant shall have employment terminated for any reason other than death, total and permanent disability, or retirement, the participant shall be immediately 100% vested in the value of the participant’s account attributable to employer contributions.
      (2)   A participant shall always be 100% vested in the value of the participant’s account attributable to employee contributions, if any. Notwithstanding anything contained herein to the contrary, a participant who shall attain age 55 shall become 100% vested in the total value of the participant’s account attributable to all sources including both employee and employer contributions.
   (B)   Forfeitures.  The total value of a participant’s account which is not vested as of the termination of the employment of the participant shall be forfeited. Such forfeiture shall occur as of the date a participant’s employment with the employer is terminated.
   (C)   Application of forfeitures.  Amounts forfeited by any participant will be used to increase the benefits, which other participants would otherwise receive under the plan. They shall be allocated under § 34.03(D) of this section.
   (D)   Distribution of benefits. 
      (1)   In the case of each participant who shall terminate employment for any reason other than death or total and permanent disability prior to attainment of normal retirement age, distribution of the vested benefit determined pursuant to division (A) of this section shall occur after the attainment of the earliest retirement age on a retirement date as if the participant retired at such date. If the vested value of the participant’s account is $5,000 or less, the plan administrator, in its sole discretion, may distribute the value of the participant’s account at any time after termination of employment occurs. If the vested value of the participant’s account is greater than $5,000, the plan administrator, in it’s sole discretion, may segregate the vested value of the account and such account shall only be credited with the earnings gains and losses attributable to such segregated account and shall not share ratably in the earnings gains or losses of the Pension Fund.
      (2)   A participant who shall terminate employment as described in this section and whose vested value of the account is greater than $5,000 may elect to receive a distribution of the vested value of the account as of any date which is acceptable to the plan administrator.
(Ord. 61, passed 3-3-2006)

§ 34.10 ADMINISTRATION.

Bookmark§ 34.10  ADMINISTRATION.
   (A)   Plan administrator. The administration of the plan and the operation of the Pension Fund shall be directed and supervised by the Board. The Board may appoint a committee or an individual to administer the provisions of the plan. The plan administrator may delegate authority to act on its behalf to any persons it deems appropriate. If the Board does not appoint a plan administrator, the Board shall be the plan administrator.
   (B)   Authority and duties of the plan administrator.
      (1)   The plan administrator shall have full power and authority to do whatever shall, in its judgment, be reasonably necessary for the proper administration and operation of the plan. The interpretation or construction placed upon any term or provision of the plan by the plan administrator or any action of the plan administrator taken in good faith shall, upon the Board’s review and approval thereof, be final and conclusive upon all parties hereto, whatever employees, participants or other persons concerned. By way of specification and not limitation and except as specifically limited hereafter, the plan administrator is authorized:
         (a)   To construe this plan;
         (b)   To determine all questions affecting the eligibility of any employee to participate herein;
         (c)   To compute the amount and source of any benefit payable hereunder to any participant or beneficiary;
         (d)   To authorize any and all disbursements;
         (e)   To prescribe any procedure to be followed by any participant and/or other person in filing any application or election;
         (f)   To prepare and distribute, in such manner as may be required by law or as the plan administrator deems appropriate, information explaining the plan;
         (g)   To require from the employer or any participant such information as shall be necessary for the proper administration of the plan; and
         (h)   To appoint and retain any individual to assist in the administration of the plan, including such legal, clerical, accounting and actuarial services as may be required or permitted by any applicable law or laws.
      (2)   The plan administrator shall have no power to add to, subtract from or modify the terms of the plan or change or add to any benefits provided by the plan, or to waive or fail to apply any requirements of eligibility for benefits under the plan. Further, the plan administrator shall have no power to adopt, amend, or terminate the plan, to select or appoint any trustee or to determine or require any contributions to the plan, said powers being exclusively reserved to the Board.
   (C)   Plan administration costs.  All reasonable expenses incident to the functioning of the plan administrator, including, but not limited to, fees of accountants, counsel, actuaries and other specialists and other costs of administering the plan, may be paid from the Pension Fund to the extent permitted under applicable law and not otherwise paid by the employer. Administration costs may be deducted from the pension fund investment earnings or may be a charge against each participant’s account on an equal basis.
   (D)   Hold harmless.  No member of the Board nor the plan administrator nor any other person involved in the administration of the plan shall be liable to any person on account of any act or failure to act which is taken or omitted to be taken in good faith in performing their respective duties under the terms of this plan. To the extent permitted by law, the employer shall, and hereby does agree to, indemnify and hold harmless each person and each successor and each of any such individual’s heirs, executors and administrators, and the plan administrator’s delegates and appoints (other than any person, bank, firm, or corporation which is independent of the employer and which renders services to the plan for a fee) from any and all liability and expenses, including counsel fees, reasonably incurred in any action, suit or proceeding to which he is or may be made a party by reason of being or having been a member, delegate or appointee of the plan administrator, except in matters involving criminal liability, intentional or willful misconduct. If the employer purchases insurance to cover claims of a nature described above, then there shall be no right of indemnification except to the extent of any deductible amount under the insurance coverage or to the extent of the amount the claims exceed the insured amount.
   (E)   Approval of benefits.  The plan administrator shall review and approve or deny any application for retirement benefits within 30 days following receipt thereof or within such longer time as may be necessary under the circumstances. Any denial of an application for retirement benefits shall be in writing and shall specify the reason for such denial.
   (F)   Appeal procedure.  Any person whose application for retirement benefits is denied, who questions the amount of benefits paid, who believes a benefit should have commenced which did not so commence or who has some other claim arising under the plan (claimant), shall first seek a resolution of such claim under the procedure hereinafter set forth.
      (1)   Any claimant shall file a notice of the claim with the plan administrator which shall fully describe the nature of the claim. The plan administrator shall review the claim and make an initial determination approving or denying the claim.
      (2)   If the claim is denied in whole or in part, the plan administrator shall, within 90 days (or such other period as may be necessary) from the time the application is received, mail notice of such denial to the claimant. Such 90-day period may be extended by the plan administrator if special circumstances so require for up to 90 additional days by the plan administrator’s delivering notice of such extension to the claimant within the first 90-day period. Any notice hereunder shall be written in a manner calculated to be understood by the claimant and, if a notice of denial, shall set forth the specific plan provisions on which the denial is based, an explanation of additional material or information, if any necessary to perfect such claim and a statement of why such material or information is necessary, and an explanation of the review procedure.
      (3)   Upon receipt of notice denying the claim, the claimant shall have the right to request a full and fair review by the Board of the initial determination. Such request for review must be made by notice to the Board within 60 days of receipt of such notice of denial. During such review, the claimant or a duly authorized representative shall have the right to review any pertinent documents and to submit any issues or comments in writing. The Board shall, within 60 days after receipt of the notice requesting such review, submit its decision in writing to the person or persons whose claim has been denied. The decision shall be final, conclusive and binding on all parties, shall be written in a manner calculated to be understood by the claimant and shall contain specific references to the pertinent plan provisions on which the decision is based.
      (4)   Any notice of a claim questioning the amount of a benefit in pay status shall be filed within 90 days following the date of the first payment which would be adjusted if the claim is granted unless the plan administrator allows a later filing for good cause shown.
      (5)   A claimant who does not submit a notice of a claim or a notice requesting a review of a denial of a claim within the time limitations specified above shall be deemed to have waived such claim or right to review.
      (6)   Nothing contained herein is intended to abridge any right of a claimant to appeal any final decision hereunder to a court of competent jurisdiction. No decision hereunder is a final from which such an appeal may be taken until the entire appeal procedure of this division (F) has been exhausted.
(Ord. 61, passed 3-3-2006)

§ 34.11 PENSION FUND.

Bookmark§ 34.11  PENSION FUND.
   (A)   Operation of Pension Fund. 
      (1)   The Board is hereby authorized to hold and supervise the investment of the assets of the Pension Fund, subject to the provisions of the laws of the Commonwealth and of this plan and any amendment thereto. The Pension Fund shall be used to pay benefits as provided in the plan and, to the extent not paid directly by the employer, to pay the expenses of administering the plan pursuant to authorization by the employer.
      (2)   The employer intends the plan to be permanent and for the exclusive benefit of its employees. It expects to make the contributions to the pension fund required under the plan. The employer shall not be liable in any manner for any insufficiency in the Pension Fund; benefits are payable only from the Pension Fund and only to the extent that there are monies available therein.
      (3)   The Pension Fund will consist of all funds held by the employer under the plan, including contributions made pursuant to the provisions hereof and the investments, reinvestments and proceeds thereof. The Pension Fund shall be held, managed and administered pursuant to the terms of the plan. Except as otherwise expressly provided in the plan, the employer has exclusive authority and discretion to manage and control the Pension Fund assets. The employer may, however, appoint a trustee, custodian and/or investment manager, at its sole discretion.
   (B)   Powers and duties of employer.  With respect to the Pension Fund, the employer shall have the following powers, rights and duties, in addition to those vested in it elsewhere in the plan or by law, unless such duties are delegated.
      (1)   To retain in cash so much of the Pension Fund as it deems advisable and to deposit any cash so retained in any bank or similar financial institution (including any such institution which may be appointed to serve as trustee hereunder), without liability for interest thereon;
      (2)   To invest and reinvest the principal and income of the fund and keep said fund invested, without distinction between principal and income, in securities which are at the time legal investments for fiduciaries under the Pennsylvania Fiduciaries Investment Act, or as the same may be subsequently modified or amended;
      (3)   To sell property held in the fund at either public or private sale for cash or on credit at such times as it may deem appropriate; to exchange such property; to grant options for the purchase or exchange thereof;
      (4)   To consent to and participate in any plan of reorganization, consolidation, merger, extension or other similar plan affecting property held in the fund; to consent to any contract, lease, mortgage, purchase, sale or other action by any corporation pursuant to any such plan;
      (5)   To exercise all conversion and subscription rights pertaining to property held in the Fund;
      (6)   To exercise all voting rights with respect to property held in the fund and in connection therewith to grant proxies, discretionary or otherwise;
      (7)   To place money at any time in a deposit bank deemed to be appropriate for the purposes of this plan no matter where situated, including in those cases where a bank has been appointed to serve as trustee hereunder, the savings department of its own commercial bank;
      (8)   In addition to the foregoing powers, the employer shall also have all of the powers, rights, and privileges conferred upon trustees by the Pennsylvania Fiduciaries Investment Act, or as the same may be subsequently modified or amended, and the power to do all acts, take all proceedings and execute all rights and privileges, although not specifically mentioned herein, as the employer may deem necessary to administer the Pension Fund;
      (9)   To maintain and invest the assets of this plan on a collective and commingled basis with the assets of other pension plans maintained by the employer, provided that the assets of each respective plan shall be accounted for and administered separately; and
      (10)   To invest the assets of the Pension Fund in any collective commingled trust fund maintained by a bank or trust company, including any bank or trust company which may act as trustee hereunder. In this connection, the commingling of the assets of this plan with the assets of other eligible, participating plans through such a medium is hereby specifically authorized. Any assets of the plan which may be so added to such collective trusts shall be subject to all of the provisions of the applicable declaration trust, as amended from time to time, which declaration, if required by its terms or by applicable law, is hereby adopted as part of the plan, to the extent of the participation in such collective or commingled trust fund by the plan.
(Ord. 61, passed 3-3-2006)

§ 34.12 AMENDMENT AND TERMINATION.

Bookmark§ 34.12  AMENDMENT AND TERMINATION.
   (A)   Right to amend.  The employer shall have the right to amend the plan, at any time, by adoption of the appropriate resolution, and with respect to any provisions thereof all parties thereto or claiming any interest thereunder shall be bound thereby, provided, however, that no amendment shall revise the accrued benefit of a participant determined as of the later of the date such amendment is adopted, or the date such amendment becomes effective, if such revised vested accrued benefit is less than that computed under the plan without regard to such amendment. No amendment to the plan, which provides for a benefit modification shall be made unless the cost estimate described in § 34.13(C) of this chapter has been prepared and presented to the employer in accordance with the Act.
   (B)   Right to terminate.  It is the present intention of the employer to maintain the plan indefinitely. Nevertheless, the employer reserves the right, at any time, to permanently discontinue further contributions to the plan or to terminate the entire plan. To the extent required under law, the employer shall discuss termination of the plan with applicable and affected collective bargaining representatives.
   (C)   Distribution upon termination.
      (1)   In the event of the termination or partial termination of the plan, all amounts of benefits accrued by the affected participant to the date of such termination, to the extent funded on such date, shall immediately become fully vested and nonforfeitable. In the event of termination of the plan, the employer shall direct either that the accrued benefits of participants in the plan continue to be held in the Pension Fund in accordance with the provisions of the plan (other than those provisions related to forfeitures) without regard to such termination until all funds have been distributed in accordance with such provisions, or that distribution be made to each participant in an amount equal to the accrued benefit as of such date in such form as shall be approved by the employer.
      (2)   If there are insufficient assets in the Pension Fund to provide for all vested accrued benefits as of the date of plan termination, priority shall first be given to the distribution of any amounts attributable to participant contributions before assets are applied to the distribution of vested benefits attributable to other sources hereunder.
   (D)   Residual assets.  If all liabilities under the plan to participants and others entitled to receive a benefit have been satisfied, and there remain any residual assets in the Pension Fund, the residual assets shall be returned to the employer insofar as such return does not contravene any provision of law, and any remaining balance in excess of employer contributions, shall be returned to the Commonwealth.
(Ord. 61, passed 3-3-2006)

§ 34.13 FUNDING STANDARD AND REQUIREMENTS.

Bookmark§ 34.13  FUNDING STANDARD AND REQUIREMENTS.
   (A)   Allocation report. 
      (1)   The employer shall perform an allocation report at least biennially unless the employer is applying or has applied for supplemental state aid pursuant to the Act, whereupon allocation reports shall be made annually.
      (2)   Such biennial allocation report shall be made as of the beginning of each plan year occurring in an odd-numbered calendar year. The employer may perform such allocation report more frequently than biennially to the extent the employer deems it prudent and necessary to perform such additional allocation reports.
      (3)   Such allocation reports shall be prepared and certified pursuant to the terms of the Act.
      (4)   The expenses attributable to the preparation of any allocation report required by the Act or any other expense which is permissible under the terms of the Act and which are directly associated with administering the plan shall be an allowable administrative expense payable from the assets of the Pension Fund. Such allowable expenses shall include but not be limited to the following:
         (a)   Investment costs associated with obtaining authorized investments and investment management fees;
         (b)   Accounting and/or consulting expenses;
         (c)   Premiums for insurance coverage on fund assets;
         (d)   Reasonable and necessary counsel fees incurred for advice or to defend the Fund; and
         (e)   Legitimate travel and education expense for pension plan officials; provided, however, that the municipal officials of the employer, in their fiduciary role, shall monitor the services provided to the plan to ensure that the expenses are necessary, reasonable and benefit the pension plan and, further provided, that the plan administrator shall document all such expenses item by item, and where necessary, hour by hour.
   (B)   Reporting requirements. 
      (1)   Such allocation report shall be prepared and filed under the supervision of the Chief Administrative Officer.
      (2)   The Chief Administrative Officer shall determine the financial requirements of the plan on the basis of the most recent allocation report and shall determine the minimum obligation of the employer with respect to funding the plan for any given plan year. The Chief Administrative Officer shall submit the financial requirements of the plan and the minimum obligation of the employer to the governing body of the employer annually and shall certify the accuracy of such calculations and their conformance with the Act.
   (C)   Benefit modifications.  Prior to the adoption of any benefit plan modification by the employer, the chief administrative officer of the plan shall provide to the employer a cost estimate of the proposed benefit plan modification. Such estimate shall be prepared by a qualified person as defined in the Act, which estimate shall disclose to the employer the impact of the proposed benefit plan modification on the future financial requirements of the plan and the future minimum obligation of the employer with respect to the plan.
(Ord. 61, passed 3-3-2006)

§ 34.14 MISCELLANEOUS.

Bookmark§ 34.14  MISCELLANEOUS.
   (A)   Incapacity of participant.  If any participant shall be physically or mentally incapable of receiving or acknowledging receipt of any payment of pension benefits hereunder, the employer, upon receipt of satisfactory evidence that such participant is so incapacitated and that another person or institution is maintaining the participant and that no guardian or committee has been appointed for the participant, may provide for such payment of pension benefits hereunder to such person or institution so maintaining the participant, and any such payments so made shall be deemed for every purpose to have been made to such participant.
   (B)   Liability of officers of the employer.  Subject to the provisions of the Act, no past, present or future officer of the employer shall be personally liable to any participant, beneficiary or other person under any provision of the plan, or any policy issued pursuant thereto.
   (C)   Assets in Pension Fund not property of individual participants.  Nothing contained in this chapter shall be deemed to give any participant or his beneficiary any interest in any specific property of the Pension Fund or any right except to receive such distributions as are expressly provided for in this plan.
   (D)   Employment rights not affected by the plan.  Participation in this plan shall not give any right to any employee to be retained in the employ of the employer nor shall it interfere with the right of the employer to discharge any employee and to deal with the employee without regard to the effect that such treatment might have upon the employee as a participant in this plan.
   (E)   Pension Fund for sole benefit of participants.  The income and principal of the Pension Fund are for the sole use and benefit of the participants, and, to the extent permitted by law, shall be free, clear and discharged of and from and are not to be in any way liable for debts, contracts or agreements, now contracts or which may hereafter be contracts, and from all claims and liabilities now or hereafter incurred by any participant or beneficiary.
   (F)   Information to be furnished by the employer.  The employer shall furnish to the plan administrator information in the employer’s possession as the plan administrator shall require from time to time to perform duties under the plan.
   (G)   Spendthrift.  To the extent permitted by law, no payments to any person under any contract, nor the right to receive such payments, nor any interest in this plan, shall be subject to assignment, alienation, transfer or anticipation, either by voluntary or involuntary act of any participant or beneficiary or by operation of law, nor shall such payment right or interest be subject to the demand or claims of any such person’s debts, obligations, or liabilities.
(Ord. 61, passed 3-3-2006)

AGREEMENTS

AGREEMENTS

§ 34.25 POLICE SERVICE AGREEMENT.

Bookmark§ 34.25  POLICE SERVICE AGREEMENT.
   (A) The township shall render police services by duly authorized, qualified and trained police officers to the Borough of Wilmore (“borough”).
   (B)   The Township Police Department shall provide all normal and appropriate police services within the borough, on the same basis as the services that are provided within the township, for the following purposes, but not limited to: patrolling the roadways; the prevention of crime; responding to calls or complaints; the investigation of motor vehicle accidents; the enforcement of local ordinances (excluding building and zoning); and other normal and routine functions of a Police Department, including those functions and services agreed upon by the respective municipalities.
   (C)   The township hereby authorizes the Township Police Department to extend its police service throughout the borough.
   (D)   This section and the agreement adopted herewith shall constitute a binding agreement and shall be sufficient warrant and authority for the police officers as appointed by the township to perform and execute their police duties and activities throughout the borough. The Township Police Department shall have those powers and abilities as are granted to police officers under the laws of the commonwealth, or the rules of the Supreme Court, or the ordinances of the borough for which a fine or penalty is imposed.
   (E)   The police officers coming under the terms of the agreement shall be at all times under the immediate supervision, direction and control of the Chief of Police of the Township Police Department. Questions, comments or complaints concerning the provision of services in the borough pursuant to this section and agreement shall be presented in writing to the Board of Supervisors of the township. Any comments so received shall be answered in writing within five days of the next regularly scheduled meeting of the Township Supervisors.
   (F)   The Chief of Police shall at all times exercise his or her professional discretion in setting forth an order of priority in answering all police calls and attending to all police matters hereinafter mentioned.
   (G)   The Chief of Police, or a police officer under his or her authority, shall provide a full report to the Board of Supervisors of the township and the Council of the borough, at their respective regular monthly meetings, of the services rendered to the borough for the previous month. Said report shall include an accounting including, but not limited to, the following: patrolling the roadways; prevention of crime; responding to calls or complaints; investigations of motor vehicle accidents; investigation of crimes and criminal activities; enforcement of local ordinances; and any other function the Chief of Police may believe to be appropriate for report.
   (H)   For services rendered pursuant to this section and agreement the borough is providing the rental of the borough-owned building formerly occupied by the Borough Volunteer Fire Department at the corner of Main and Church Streets in the borough, which rental shall be considered as full and complete compensation to the township for the basic services described herein.
   (I)   If additional services in excess of those provided on a regular basis in the township are desired by the borough, such request shall be made in writing and a price agreed to prior to the provision of such services. Any such change must be approved by resolution of both the borough and township and approved at a public meeting of each.
   (J)   The term of this agreement shall be co-extensive with the lease referred to in division (H) above, such basic services described herein shall be free of charge to the borough so long as the lease, the terms of which are incorporated herein by reference, remains in full force and effect.
   (K)   The township shall be entitled to retain all local shares of fine monies associated with charges brought by the township police pursuant to this agreement. In the event that any such monies are sent to the borough, the borough agrees to promptly remit the same to the township.
   (L)   The borough agrees to assist and cooperate, at no cost to the borough, in any grant application for funds or equipment which in the opinion of the township may be used or useful in providing services under this agreement. Any equipment or property acquired pursuant thereto shall be and remain the sole property of the township.
   (M)   This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective successors and assigns.
(Ord. 76, passed 12-23-2014)

CHAPTER 35: TOWNSHIP FIRE DEPARTMENT

BookmarkCHAPTER 35:  TOWNSHIP FIRE DEPARTMENT
Section
   35.01   Township Fire Department
   35.02   Fire and rescue services
   35.03   Fire Hydrants Maintenance Fund

§ 35.01 TOWNSHIP FIRE DEPARTMENT.

Bookmark§ 35.01  TOWNSHIP FIRE DEPARTMENT.
   In addition to actually fighting fires or while going to or returning from any fire, the members of the Township Fire Department are authorized to do the following things:
   (A)   Answer any type of fire alarm or call, whether general alarm, private call or investigation of fire report or emergency call of any type, inside or without the township;
   (B)   Engage in any type of drill, training, ceremony, practice, test or parade when duly called or authorized by a proper officer or officers of the Township Fire Department; and
   (C)   Engage in the performance of any duty authorized by any officer or officers of the Township Fire Department.
(Ord. 6, passed 3-14-1958)

§ 35.02 FIRE AND RESCUE SERVICES.

Bookmark§ 35.02  FIRE AND RESCUE SERVICES.
   (A)   The township, in the interest of public safety, hereby designates the Township Volunteer Fire Company as the primary provider of fire and rescue services for the township.
   (B)   It is the intent of the municipality to ensure the safety of township residents by providing responsible entities to assure accountability and effective fire and rescue services to the residents.
   (C)   The township hereby authorizes the Township Volunteer Fire Company to collect from third parties, e.g., insurance carriers, for use of their services as a result of their calls, including, but not limited to, medical emergencies, vehicle accidents, vehicle fires, structure fires and hazardous materials, sums sufficient to reimburse the Department in full for expenses, time and materials in responding to any such call.
   (D)   Emergency service recipients questioning the reasonableness or right to collect any charge, which the Township Fire Department assessed, may appeal to the Township Supervisors under provisions of the Pennsylvania Local Public Agency Law, being 2 Pa.C.S.A. §§ 551 and 751 within 30 days of receipt of the assessment. Failure to so appeal within 30 days shall constitute a waiver of the recipient’s right to contest the charge. Charges incurred hereunder may be collected directly by the emergency service provider at the District Magistrate’s office by prosecuting an action in the name of the township.
   (E)   (1)   The township hereby designates a review committee from hereforth to be called the Summerhill Township Emergency Services Committee.
      (2)   This committee will consist of the following:
         (a)   Emergency Management Coordinator;
         (b)   Fire Chief;
         (c)   Police Chief; and
         (d)   One Supervisor from the Township of Summerhill; Managers of Beaverdale Area Ambulance Association: Forest Hills Area Ambulance Service; and Portage Area Ambulance Association.
      (3)   The duties of this Committee are, but not limited to, the following: review and adjust accordingly all fire and EMS run cards within the township boundaries; policies and procedures regarding emergency responses within the township boundaries; meet at least bi-annually; and submit all township alarm cards and results of any meetings to the Township Supervisors.
(Ord. 63, passed 9-21-2004)

§ 35.03 FIRE HYDRANTS MAINTENANCE FUND.

Bookmark§ 35.03  FIRE HYDRANTS MAINTENANCE FUND.
   The township hereby allots one-half mill of the Capital Fund for Firefighters Relief Fund and one- half mill of the Capital Fund for the Fire Hydrants Maintenance Fund.
(Res. 188, passed 2-6-2007)

CHAPTER 36: TAXATION

BookmarkCHAPTER 36:  TAXATION
Section
General Provisions
   36.001   Tax rates
   36.002   Tax Collector
Earned Income Tax
   36.015   Authorization
   36.016   Incorporation by reference
   36.017   Imposition of tax
   36.018   Administration; powers and duties of officer
Local Service Tax
   36.030   Title
   36.031   Definitions
   36.032   Levy
   36.033   Duty of employers
Occupation Tax
   36.045   Occupation tax
Real Estate Transfer Tax
   36.060   Imposition
   36.061   Definitions
   36.062   Exemptions
   36.063   Payment of tax
   36.064   Lien
Per Capita Tax
   36.075   Imposition
   36.076   Collection
   36.077   Tax Collector; bond
   36.078   Collection
   36.079   Expense
   36.080   Notice
   36.081   Report
   36.082   Tax Collector; duties
Tax on Certain Machines or Devices for Amusement
   36.095   Definitions
   36.096   Imposition
   36.097   Payment
   36.098   Certificates
   36.099   Recoverability
 
   36.999   Penalty

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 36.001 TAX RATES.

Bookmark§ 36.001  TAX RATES.
   The millage is 12 mills (.0012) on each dollar of assessed valuation for all property within the township subject to taxation.
 
Tax
Tax Rate
Earned income tax rate is the same on all wage earners within the township
1%
Local service tax rate
$52 per year for all wage earners working within the township grossing $12,000 per year or greater
   Commission rate for the collection of the local tax service
5%
Occupational tax rate is the same on all wage earners within the township
Subject to taxation at $5 per year
Per capita tax rate is the same on all wage earners within the township
Subject to taxation at $5 per year
Realty transfer tax rate is the same on all property transferred within the township
0.5%
 
(Res. 102, passed - -1991; Res. 104, passed 12-6-1991; Res. 107, passed 12-1-1992; Res. 112, passed 12-1-1993; Res. 115, passed 12-6-1994; Res. 120, passed 12-19-1995; Res. 130, passed 12-19-1996; Res. 139, passed 12-16-1997; Res. 147, passed 12-15-1998; Res. 155, passed 1-4-2000; Res. 167, passed 1-6-2003; Ord. 2004-07-20, passed 7-20-2004; Ord. 66, passed 10-2-2007; Res. 197, passed 12-18-2007; Res. 198, passed 1-7-2008; Ord. 71, passed 1-3-2012)

§ 36.002 TAX COLLECTOR.

Bookmark§ 36.002  TAX COLLECTOR.
   (A)   The elected Tax Collector of the township is hereby appointed, authorized and directed to act as the collector of delinquent taxes within the township, for real estate taxes collected after the end of the tax year, but before the taxes remaining unpaid are submitted to the County Tax Claim Bureau for collection.
   (B)   This appointment and authorization shall remain in effect until the Board of Supervisors, by ordinance, takes further action, as required by law.
   (C)   In the event of a vacancy in the office of Tax Collector during the term of this appointment, the successor Tax Collector shall automatically succeed to the powers and duties set forth herein.
   (D)   The collector of delinquent taxes shall not be required to give additional bond on account of this appointment.
   (E)   The collector of delinquent taxes shall have all the authority and power now vested by law in the collector of non-delinquent township taxes for the collection of such delinquent taxes.
   (F)   The collector of delinquent taxes shall account to the Board of Supervisors for all delinquent tax collections made, in the same manner as required for the reporting of non-delinquent tax collections.
   (G)   The collector of delinquent taxes shall be compensated in the same manner as provided for the collection of non-delinquent taxes within the township.
   (H)   (1)   However, this section is not intended to replace the County Tax Claims Bureau as the primary collector of delinquent real estate taxes.
      (2)   Instead, the intent of this section is to authorize the elected Tax Collector to collect delinquent real estate taxes on an interim basis from December 31 until the unpaid real estate taxes are turned over to the County Bureau.
(Ord. 54, passed 3-19-2002)

EARNED INCOME TAX

EARNED INCOME TAX

§ 36.015 AUTHORIZATION.

Bookmark§ 36.015  AUTHORIZATION.
   This subchapter is enacted pursuant to the authority granted by the Local Tax Enabling Act, P.L. No. 1257, known as Act No. 511 of 1965, effective January 1, 1966, as thereafter amended through in Act 166 of 2002 and Act No. 32 of 2008, 53 P.S. §§ 6924.101 et seq. (known as and herein referred to as the “LTEA”). The provisions contained herein are made for the purpose of amending and supplementing the ordinance adopted on an unknown date prior to 1989.
(Ord. 71, passed 1-3-2012)

§ 36.016 INCORPORATION BY REFERENCE.

Bookmark§ 36.016  INCORPORATION BY REFERENCE.
   The governing body of the township hereby adopts by reference the LTEA and the amended provisions of Act 32 (53 P.S. §§ 6924.101 through 6924.901) and its definitions, duties, directives, rules, regulations, powers and penalties as if same had been set forth fully herein.
(Ord. 71, passed 1-3-2012)

§ 36.017 IMPOSITION OF TAX.

Bookmark§ 36.017  IMPOSITION OF TAX.
   (A)   A tax at the rate of 1% on each dollar is hereby imposed on all earned income and net profits, as defined by Act 32, earned by residents of the township and on all earned income and net profits earned by nonresidents of the township employed in or receiving work assignments within the township.
   (B)   All changes shall remain in effect on a calendar year basis without annual re-enactment unless the rate of tax is subsequently changed.
(Ord. 71, passed 1-3-2012)

§ 36.018 ADMINISTRATION; POWERS AND DUTIES OF OFFICER.

Bookmark§ 36.018  ADMINISTRATION; POWERS AND DUTIES OF OFFICER.
   (A)   The collection and administration of the tax provided for in this subchapter shall be performed by the Tax Officer appointed by the Cambria County Tax Collection Committee (“CCTCC”).
   (B)   Said Tax Officer shall receive such compensation for his or her services and expenses as determined from time to time by the CCTCC. Such Tax Officer shall administer and have the powers and duties as provided for by Act 32 and the Local Tax Enabling Act.
(Ord. 71, passed 1-3-2012)

LOCAL SERVICE TAX

LOCAL SERVICE TAX

§ 36.030 TITLE.

Bookmark§ 36.030  TITLE.
   This subchapter, and any supplements and amendments thereto, shall be known and may be cited as “Local Service Tax Ordinance”.
(Ord. 66, passed 10-2-2007)

§ 36.031 DEFINITIONS.

Bookmark§ 36.031  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FISCAL YEAR. The 12-month period beginning January 1 and ending December 31 in any tax year.
   TAX. The local service tax in the amount of $52 levied by this subchapter.
   TAX RECEIVER. The person designated by the township for the collection of the local service tax imposed by this subchapter.
(Ord. 66, passed 10-2-2007)

§ 36.032 LEVY.

Bookmark§ 36.032  LEVY.
   (A)   The township levies a tax upon the privilege of engaging in an occupation during the fiscal year for purposes of:
      (1)   Road construction and/or maintenance;
      (2)   Police, fire and/or emergency services; and/or
      (3)   Reduction of property taxes.
   (B)   Each individual who exercises such privilege shall pay the tax in the amount of $52 in accordance with this subchapter.
   (C)   This tax is in addition to all other taxes of any kind or nature heretofore levied by the township; provided, however, that there is hereby exempted from this tax any person whose total income from all sources is less than $12,000 per annum.
(Ord. 66, passed 10-2-2007)

§ 36.033 DUTY OF EMPLOYERS.

Bookmark§ 36.033  DUTY OF EMPLOYERS.
   Each employer within the township, as well as each employer outside the township, but engaging in business within the township, is hereby charged with the duty of collecting the said tax of $52 per year, in accordance with the terms of this subchapter, from each employee who engaged in an occupation, as herein defined, for the benefit of said employer or in the service of said employer within the township during the fiscal year. Such employer shall make a return and payment of said tax to the Tax Receiver, and each such employer is hereby authorized to deduct said tax from each such employee, whether or not such employee is paid by salary, wages, commission, and whether or not part or all of such services are performed within the township.
(Ord. 66, passed 10-2-2007)

OCCUPATION TAX

OCCUPATION TAX

§ 36.045 OCCUPATION TAX.

Bookmark§ 36.045  OCCUPATION TAX.
   (A)   Pursuant to the authority contained in the Act of December 31, 1965, P.L. 1257, known as the Local Tax Enabling Act, being 53 P.S. §§ 6924.101 et seq., and its amendments and supplements, an annual tax of $10 is hereby levied on the occupations of all persons physically residing within the township at any time during the year beginning January 1, 2005 and ending December 31, 2005 and being the age of 21 years or older.
   (B)   This occupation tax shall be in addition to all other real estate, per capita, personal and other taxes levied by the said township.
   (C)   Every husband against whose wife and said occupation tax is levied shall be liable for the payment of said tax. Collection thereof from said husband may be made and enforced in the manner provided by law for the collection and enforcement of other taxes owing by such husbands, including the collection thereof from the husband’s employer.
   (D)   The tax imposed by division (A) above shall be collected and turned over to the township by the Tax Collector of said township, under and subject to all the rules, regulations, rates of commission and laws applicable to the special per capita tax for governmental purposes collected by said Tax Collector, except as expressly modified herein.
   (E)   The tax imposed by division (A) above shall be due and payable to the township for the year 2005 to 2006 on May 1, 2004 and a 2% discount shall be allowed for payment prior to May 1, 2005. A penalty of 10% shall be added if the tax is not paid before July 1, 2005. For ensuing years the tax shall be due, discounts shall be allowed and penalties imposed on the same schedule then prevailing for the Forest Hills School District.
   (F)   The tax imposed by division (A) above shall be collected from every natural person subject to said tax, notwithstanding the fact that the name of any such person shall not appear on the list of persons subject to taxation within said township furnished to aforesaid Tax Collector and notwithstanding that the fact that no notice by mail or otherwise shall have been given to such person of the fact that he or she is liable for payment of said tax. The names of any such persons shall be added to the duplicate of the Tax Collector in the manner now provided by law for the per capita tax of the said township.
   (G)   The Board of Supervisors of the township shall have the right to make rules and regulations respecting the collection of the tax imposed hereunder and shall promulgate rules and regulations governing the collection and enforcement of the occupation tax imposed hereunder, including provisions to change the responsible party for collection.
   (H)   The tax imposed hereunder shall be administered in accordance with the provisions of the Local Tax Enabling Act and all other pertinent laws of the commonwealth. Any constitutional or statutory provisions authorizing exemptions or rebates of the taxes imposed hereunder are deemed to be a part of this section.
   (I)   (1)   If the said tax is not paid when due in each fiscal year, interest thereon shall begin to accrue at the rate of 6% per annum on the amount of said tax remaining unpaid.
      (2)   Said interest to be calculated beginning on the January 1 following the date of the tax levy and to be calculated thereafter until said tax is paid in full, together with penalty as hereinabove provided.
   (J)   The Solicitor may sue for the recovery of any tax due or unpaid under this section upon notice provided by the Tax Collector after December 31 of any year.
   (K)   Nothing contained in this section shall be construed to empower the township to levy and collect the occupation tax hereby imposed on any occupation not within the taxing power of the township under the Constitution of the United States and the laws and Constitution of the commonwealth.
   (L)   If the occupation tax hereby imposed under the provisions of this section shall be held by any court of competent jurisdiction to be in violation of the Constitution of the United States or of the commonwealth, as to any individual, the decision of the court shall not affect or impair the right to impose or collect said occupation tax, or the validity of the tax so imposed upon other persons or individuals as herein provided.
   (M)   So long as an identical tax is imposed by the Forest Hills School District, the amount of the tax payable to the township shall be $5.
   (N)   This section shall become effective in accordance with the Act of December 31, 1965, P.L. 1257, known as the Local Tax Enabling Act, and its amendments and supplements, and shall continue in effect thereafter from year to year unless repealed.
(Ord. 2004-07-20, passed 7-20-2004)  Penalty, see § 36.999

REAL ESTATE TRANSFER TAX

REAL ESTATE TRANSFER TAX

§ 36.060 IMPOSITION.

Bookmark§ 36.060  IMPOSITION.
   A tax to provide revenue for general operating purposes be and the same is hereby levied, assessed and imposed upon every transferor who makes, executes, delivers or presents for recording any document, or in whose behalf any document is made, executed, delivered or presented for recording, a tax at the rate of 1% of the value of the property represented by such document, which tax shall be payable at the time of making, executing, delivering or presenting for recording of such document.
(Res. effective 7-1-1983; Res. passed 3-14-1987)

§ 36.061 DEFINITIONS.

Bookmark§ 36.061  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural, and the masculine shall include the feminine and neuter.
   DOCUMENT. Any deed, instrument or writing whereby any land, tenements or hereditaments within the township or any interest therein shall be granted, bargained, sold or otherwise conveyed to the granter, purchaser or any other person.
   PERSON. Any natural person, corporation, partnership, association or unincorporated enterprise. As applied to any association or partnership, the term PERSON shall indicate the partners or members thereof, and as applied to corporation, the persons thereof.
   VALUE. In the case of any document granting, bargaining, selling or otherwise conveying any land, tenement or hereditament or interest therein, the amount of the actual consideration therefor, including liens or other encumbrances thereon and ground rents, or a commensurate part of the liens or other encumbrances thereon and ground rents, where such liens or other encumbrances and ground rents also encumber or are charges against other lands, tenements or hereditaments; provided, that where such documents shall set forth a small or nominal consideration, the VALUE thereof shall be determined from the price set forth in or actual consideration for the contract of sale, or in the case of a gift or any other document without consideration, from the actual monetary worth of the property granted, bargained, sold or otherwise conveyed, which in either event shall not be less than the market value as determined from the assessment records of such lands for local tax purposes.
(Res. effective 7-1-1983)

§ 36.062 EXEMPTIONS.

Bookmark§ 36.062  EXEMPTIONS.
   This subchapter is not intended to impose a tax on wills; mortgages; transfers between husband and wife; transfers between persons who were previously husband and wife but who have since been divorced, provided such transfer is made within three months of the date of the granting of the final decree in divorce; transfers between parent and child or the spouse of such a child or between parent and trustee for the benefit of a child or the spouse of such child; by and between a principal and straw party; correctional deeds without consideration; transfers to the United States, the commonwealth or to any of their instrumentalities, agencies or political subdivisions; a conveyance to a trustee, or a transfer by the owner of previously occupied residential premises to a builder of a new residential premises is taken in trade by such builder as part of the consideration from the purchaser of a new, previously unoccupied residential premises; or any transfer from a purchase money mortgagor to the vendor holding that purchase money mortgage.
(Res. effective 7-1-1983)

§ 36.063 PAYMENT OF TAX.

Bookmark§ 36.063  PAYMENT OF TAX.
   (A)   The Recorder of Deeds of the county is appointed as the collector of said tax and his or her commission for such work has been fixed at 5%, and he or she is authorized to send the money so collected and received to the Board of Supervisors of the township and he or she shall have prepared a stamp which shall read as follows:
 
Board of Supervisors, Township of Summerhill,
Cambria County, Pennsylvania, Realty
Transfer Tax, Effective July 1, 1983
Date ............. Amt. Paid .............
 
   (B)   The township shall pay the premium on any bond or bonds required by law to be procured by the Recorder of Deeds or his or her agent for the purpose of performing his or her duties under this subchapter.
(Res. effective 7-1-1983)  Penalty, see § 36.999

§ 36.064 LIEN.

Bookmark§ 36.064  LIEN.
   All taxes imposed by this section which are not paid when due shall bear interest thereon at the rate of 1% per month until paid. This tax when due and unpaid shall become a lien on the land, tenements, hereditaments or any interest therein which are described in a deed, transfer or conveyance upon which this tax is due, and shall be collected as other taxes are collected.
(Res. effective 7-1-1983)  Penalty, see § 36.999

PER CAPITA TAX

PER CAPITA TAX

§ 36.075 IMPOSITION.

Bookmark§ 36.075  IMPOSITION.
   A per capita tax of $5 is hereby levied and assessed under the authority of 53 P.S. §§ 6904.101 et seq., upon each person over 18 years of age residing within the limits of the township, which tax shall be in addition to all other taxes levied and assessed by the said township pursuant to any other laws of the commonwealth.
(Ord. 19, passed 2-28-1974)

§ 36.076 COLLECTION.

Bookmark§ 36.076  COLLECTION.
   Such tax shall be collected by the duly elected or appointed Tax Collectors of the township in the same manner and at the same time as other township taxes are collected, as provided by the Local Tax Collection Law of 1945, being 72 P.S. §§ 5511.1, as amended and supplemented.
(Ord. 19, passed 2-28-1974)  Penalty, see § 36.999

§ 36.077 TAX COLLECTOR; BOND.

Bookmark§ 36.077  TAX COLLECTOR; BOND.
   The Tax Collectors shall give bond secured and conditioned for the collection and payment of such taxes as provided by law for other township taxes.
(Ord. 19, passed 2-28-1974)

§ 36.078 COLLECTION.

Bookmark§ 36.078  COLLECTION.
   The entry of the per capita tax in the tax duplicate and the issuance of such duplicate to the Tax Collectors shall constitute his or her warrant for the collection of the per capita tax hereby levied and assessed.
(Ord. 19, passed 2-28-1974)

§ 36.079 EXPENSE.

Bookmark§ 36.079  EXPENSE.
   The expense of collection and compensation of the Tax Collectors shall be paid and allowed as provided in the Local Tax Collection Law of 1945, being 72 P.S. §§ 5511.1, as amended and supplemented, which compensation shall be the same as shall be fixed from time to time for the collection of the township taxes.
(Ord. 19, passed 2-28-1974)

§ 36.080 NOTICE.

Bookmark§ 36.080  NOTICE.
   The Tax Collectors shall give notice to the taxpayers of the amount of per capita tax due under this subchapter, at the same time and in the same manner as provided by the Local Tax Collection Law of 1945, being 72 P.S. §§ 5511.1, as amended and supplemented.
(Ord. 19, passed 2-28-1974)

§ 36.081 REPORT.

Bookmark§ 36.081  REPORT.
   In case the Tax Collectors shall at any time find within the limits of the said township any resident or inhabitant above the age of 18 years whose name does not appear upon the tax duplicate, he or she shall report the name of such person forthwith to the Assessor, who shall thereupon certify the same unto the Board of Supervisors, who shall promptly certify the same to the Tax Collectors reporting such name, whereupon the Tax Collectors shall add such name and the assessment of this per capita tax against such person to the duplicate of the township, and shall proceed to collect the same.
(Ord. 19, passed 2-28-1974)

§ 36.082 TAX COLLECTOR; DUTIES.

Bookmark§ 36.082  TAX COLLECTOR; DUTIES.
   The Tax Collectors shall give notice to the taxpayers, shall have the power to collect said taxes by distress, shall have the power and authority to demand and receive said tax from the employer of any person owing any per capita tax, or whose spouse owes any per capita tax, shall remit such taxes to the Township Treasurer by separate statement at the same time as other taxes are remitted to the township, shall allow discounts and add penalties, shall generally be subject to all the duties and shall have all the rights and authority conferred upon him or her by the Local Tax Collection Law of 1945, being 72 P.S. §§ 5511.1, as amended and supplemented. It is hereby declared to be the intent of the Board of Supervisors, in enacting this subchapter, to confer upon the Tax Collectors, in the collection of this per capita tax, all the powers, together with all the duties and obligations, to the same extent and as fully provided for in the Local Tax Collection Law of 1945, being 72 P.S. §§ 5511.1, as amended and supplemented.
(Ord. 19, passed 2-28-1974)

TAX ON CERTAIN MACHINES OR DEVICES FOR AMUSEMENT

TAX ON CERTAIN MACHINES OR DEVICES FOR AMUSEMENT

§ 36.095 DEFINITIONS.

Bookmark§ 36.095  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural and the masculine shall include the feminine and the neuter.
   DEVICE. Any mechanical amusement device for the use of which for profit, a tax is levied under this subchapter.
   MECHANICAL AMUSEMENT DEVICE. Any device, other than jukebox which, upon the insertion of a coin, slug, token, plate or key may be operated for use as a game, entertainment or amusement, whether or not registering a score and whether or not a prize is offered; provided such terms shall not include any gambling device or any mechanism that has been judicially determined to be a gambling device.
   PERSON. Any natural person, association, co-partnership, firm or corporation.
(Ord. 18, passed 3-15-1972)

§ 36.096 IMPOSITION.

Bookmark§ 36.096  IMPOSITION.
   There is hereby imposed a tax, for general township purposes under the authority of 53 P.S. §§ 6904.101 et seq., and its amendments, upon the privilege of using for profit, within the township, any mechanical amusement device, as herein defined. Such tax shall be payable by the person owning and/or operating the establishment in which such device is installed for use. Such tax shall be payable at the following rate: on each mechanical amusement device, $30 for the calendar year or any portion thereof.
(Ord. 18, passed 3-15-1972)

§ 36.097 PAYMENT.

Bookmark§ 36.097  PAYMENT.
   (A)   The tax imposed under this subchapter shall be payable to the Township Secretary, on or before March 15 annually.
   (B)   No deduction or refund of any tax payable under this subchapter shall be granted in the case of any tax payable for less than a full calendar year, or in case of any device destroyed, stolen, sold or otherwise disposed of or transferred after the payment of such tax; provided however, in the case of the substitution of any device by another device in the same class, the use of which is taxable under this subchapter, no additional tax shall be paid; provided that the total number of devices of the same class in use upon the premises remains no greater than that upon which such tax was paid.
(Ord. 18, passed 3-15-1972)  Penalty, see § 36.999

§ 36.098 CERTIFICATES.

Bookmark§ 36.098  CERTIFICATES.
   (A)   The Township Secretary shall procure, at the expense of the township, a sufficient number of certificates, upon each of which the following information shall be printed or inserted in ink or by typewriter:
      (1)   The name of the township;
      (2)   The number of the certificate;
      (3)   The name and address of the person paying the tax;
      (4)   The year for which the tax shall have been paid;
      (5)   The date on which such tax shall have been paid;
      (6)   The type of device for which the tax shall have been paid and any identifying letters or numbers that may appear on the particular machine; and
      (7)   The amount of tax paid.
   (B)   Whenever any tax shall have been paid under this subchapter, the Township Secretary shall prepare in duplicate a certificate, as herein prescribed. The original of such certificate, to which the township seal shall be affixed, shall be given to the person paying such tax, and the duplicate shall be kept on file by the Township Secretary.
   (C)   In case of the loss, defacement or destruction of any original certificate, the person to whom such certificate was issued shall apply to the Township Secretary who may issue a new certificate in replacement thereof, upon payment of a fee of $10 and who shall amend the duplicate of the certificate first issued in case that a new certificate has been issued.
   (D)   In case of the removal of any establishment in which any device for the use of which a tax shall have been paid under this subchapter, to another location in the township, or in case of a change in the identity of the person operating or owning any such establishment, the person operating such establishment, shall report such fact within five days of such change in location or personnel, and the Secretary shall immediately amend the certificate and duplicate certificate.
(Ord. 18, passed 3-15-1972)

§ 36.099 RECOVERABILITY.

Bookmark§ 36.099  RECOVERABILITY.
   (A)   All taxes imposed by this subchapter, together with all penalties, interest and costs shall be recoverable by the Township Solicitor as debts of like amount are by law recoverable.
   (B)   All taxes, interest and penalties collected or recovered by the Township Secretary or any other township officer or person for or in behalf of the township, shall be paid into the township treasury as general revenue to be used for general revenue purposes.
(Ord. 18, passed 3-15-1972)

§ 36.999 PENALTY.

Bookmark§ 36.999  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Whoever fails or refuses to pay the tax required by § 36.045, shall, upon conviction, before any District Magistrate, be sentenced to pay a fine of not more than $50, and in default of payment of said fine to be imprisoned in the County Prison for a period not exceeding 15 days.
   (C)   Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of §§ 36.060 through 36.064 or of any regulation or requirement pursuant thereto and authorized thereby shall, in addition to other penalties provided by law, upon summary conviction before a Magistrate, be sentenced to pay a fine not to exceed $100 and cost of prosecution of each such offense, or to undergo imprisonment for not more than 30 days for the nonpayment of such fine and costs within ten days from the imposition thereof. Such fine imposed by this division (C) shall be in addition to any other penalty imposed by any other section of §§ 36.060 through 36.064.
   (D)   (1)   If any tax levied in pursuance of §§ 36.095 through 36.099 shall not be paid when due, a penalty of 10% of the amount of tax due and unpaid shall be added thereto.
      (2)   Any person who shall be convicted before any District Magistrate or any Justice of the Peace of the township for violation or failing to carry out any of the provisions or requirements of §§ 36.095 through 36.099 or of neglecting, failing or refusing to furnish complete and correct returns or to pay over any tax levied by §§ 36.095 through 36.099 at the time required, or of knowingly making any incomplete, false or fraudulent return; or of doing or attempting to do anything whatever to avoid the payment of the whole or any part of the tax imposed under §§ 36.095 through 36.099 shall be liable to a fine or penalty not exceeding $100 for each and every offense, and the costs of prosecution thereof, and, in default of payment of any such fine and costs, to imprisonment in the County Jail for not more than 30 days; provided that such fine or penalty shall be in addition to any other penalty imposed by any other section of §§ 36.095 through 36.099.
(Ord. 18, passed 3-15-1972; Res. effective 7-1-1983; Ord. 66, passed 7-20-2004)

CHAPTER 37: TOWNSHIP POLICIES

BookmarkCHAPTER 37:  TOWNSHIP POLICIES
Section
   37.01   Disposition of records
   37.02   Hazard mitigation plan
   37.03   Drug free workplace
   37.04   Emergency management
   37.05   National Incident Emergency System
   37.06   Right-to-know policy
   37.07   Equal employment policy

§ 37.01 DISPOSITION OF RECORDS.

Bookmark§ 37.01  DISPOSITION OF RECORDS.
   The Board of Supervisors of the township intends to follow the schedules and procedures for disposition of records as set forth in the Municipal Records Manual approved July 16, 1963.
(Res. 189, passed - -)

§ 37.02 HAZARD MITIGATION PLAN.

Bookmark§ 37.02  HAZARD MITIGATION PLAN.
   (A)   To be used as a document for the betterment of the township in an attempt to prevent disastrous situations or to deal with the traumatic effects to the municipality should a disaster occur, the County Hazard Mitigation Plan is hereby adopted as the official hazard mitigation plan of the township.
   (B)   The respective officials and agencies identified in the implementation strategy of the County Hazard Mitigation Plan are hereby directed to implement the recommended activities assigned to them.
(Res. 178, passed 9-7-2004; Res. 200, passed 2-19-2008; Res. 01-2012, passed 1-3-2012; Res. 228, passed 12-5-2016)

§ 37.03 DRUG FREE WORKPLACE.

Bookmark§ 37.03  DRUG FREE WORKPLACE.
   (A)   The township is a drug free workplace and as such, the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the employee’s workplace.
   (B)   Compliance reviews are conducted by the township to ensure that these requirements are met.
   (C)   The employee will abide by the terms of this statement and notify the supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
   (D)   The grantor of such funds shall be notified within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
   (E)   The township shall be responsible for taking one of the following actions within 30 days of receiving notice, with respect to any convicted township employee:
      (1)   The township shall take appropriate personnel action against such an employee, up to and including termination; or
      (2)   May require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.
(Res. 133, passed 1-21-1997)

§ 37.04 EMERGENCY MANAGEMENT.

Bookmark§ 37.04  EMERGENCY MANAGEMENT.
   (A)   The commonwealth’s Emergency Management Service Code (35 Pa.C.S.A. § 7101-7707), also known as P.L. 1332, directs and authorizes each political subdivision of the commonwealth to establish a local emergency management agency and develop a comprehensive emergency plan.
   (B)   Each emergency management agency shall have the responsibility for emergency management activities involving mitigation, preparedness, response and recovery in order to provide for the health, safety and welfare of the residents of the township.
   (C)   The township emergency operations plan has been developed to outline basic operations and procedures to be implemented in the event of an incident either human-made or natural that requires a coordinated response.
   (D)   The Supervisors of the township do hereby approve, adopt and place into immediate effect the Emergency Operations Plan of the township. This Plan shall be reviewed every two years to make certain that it conforms with the requirements of the County Emergency Operations Guideline.
(Res. 169, passed 9-2-2003; Res. 220, passed 2-16-2010)

§ 37.05 NATIONAL INCIDENT EMERGENCY SYSTEM.

Bookmark§ 37.05  NATIONAL INCIDENT EMERGENCY SYSTEM.
   (A)   The municipality hereby adopts the National Incident Management System (NIMS) and recommends all public safety agencies, emergency responders, hazardous materials users and transporters, hospitals and school districts situated within the municipality do the same.
   (B)   The Board of Supervisors of the township does hereby approve, adopt and place into immediate effect the National Incident Management System (NIMS) to be used by the municipality and its emergency response community for the betterment of the township in an attempt to deal with the effects to the municipality should a disaster occur.
(Res. 182, passed 3-1-2005; Res. 185, passed 12-5-2006)

§ 37.06 RIGHT-TO-KNOW POLICY.

Bookmark§ 37.06  RIGHT-TO-KNOW POLICY.
   (A)   Open record contact person. The township shall designate a township Open Records Secretary. The Open Records Secretary may be reached at the Township Municipal Building Tuesday, Wednesday, and Thursday, between the hours of 9:00 a.m. and 3:00 p.m.
   (B)   General. All documents deemed public records shall be available for inspection, retrieval and duplication at the Municipal Building.
   (C)   Requests. Requests shall be made in writing to the township Open Records Secretary on a form provided by the township.
   (D)   Fees. Paper copies shall be $0.25 per page per side. The certification of a record is $1 per record. Specialized documents including, but not limited to, blue prints, color copies and non-standard sized documents shall be charged the actual cost of production. If mailing is requested, the cost of postage will be charged. The township shall require prepayment if the total fees are estimated to exceed $100.
   (E)   Response.
      (1)   The township shall make a good faith effort to provide the requested public record(s) as promptly as possible. The Open Records Secretary shall cooperate with those requesting records to review and/or duplicate original township documents while taking reasonable measure to protect township documents from the possibility of theft, damage and/or modification.
      (2)   The Open Records Secretary shall review all written requests for access to public records. As soon as possible, but no later than five business days after receiving a written request to access public records, the Open Records Secretary shall respond to such requests in writing consistent with Act 3 of 2008, the Right-to-Know Law, being 65 P.S. §§ 67.101 et seq.
      (3)   If access to a record is denied, the response shall include a reason for denial as stipulated in Act 3 of 2008, the Right-to-Know Law, being 65 P.S. §§ 67.101 et seq.
   (F)   Contact information for appeals.
      (1)   If a written request is denied or deemed denied, the requester may file an appeal in writing to: Executive Director, Office of Open Records, Commonwealth Keystone Building 400 North Street, Plaza Level Harrisburg, Pennsylvania 17120-0225.
      (2)   Appeals of criminal records shall be made to the District Attorney of Cambria County. 1105 Camelot Court, Johnstown, PA 15904.
   (G)   Appeals process. The appeal shall be filed within 15 business days of the mailing date of the township’s response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the requester asserts the record is a public record and shall address any grounds stated by the township for delaying or denying the request.
(Res. 210, passed 1-5-2009)

§ 37.07 EQUAL EMPLOYMENT POLICY.

Bookmark§ 37.07  EQUAL EMPLOYMENT POLICY.
   (A)   The township must ensure that applicants and employees are not discriminated against on the basis of race, color, religious creed, ancestry, national origin, age, disability and sex.
   (B)   Compliance reviews are conducted by the township to ensure that these requirements are met.
(Res. 132, passed 1-21-1997)

TITLE V: PUBLIC WORKS

TITLE V:  PUBLIC WORKS
   Chapter
      50.   SOLID WASTE
      51.   SEWERS
      52.   HOLDING TANKS
      53.   WATER

CHAPTER 50: SOLID WASTE

BookmarkCHAPTER 50:  SOLID WASTE
Section
Solid Waste Collection
   50.01   Short title
   50.02   Definitions
   50.03   Prohibited activities
   50.04   Standards for storage of solid waste
   50.05   Standards and regulations for collection and transportation
   50.06   Collection and disposal charges
   50.07   Exceptions
   50.08   Administrative appeals
   50.09   Injunction powers
Garbage Collection Stamps
   50.20   Garbage collection stamp
   50.21   Fee for issuance of stamp
   50.22   Display of stamp
 
   50.99   Penalty

SOLID WASTE COLLECTION

SOLID WASTE COLLECTION

§ 50.01 SHORT TITLE.

Bookmark§ 50.01  SHORT TITLE.
   This subchapter shall be known and referred to as the “Solid Waste Ordinance”.
(Ord. 57, passed 2-18-2003)

§ 50.02 DEFINITIONS.

Bookmark§ 50.02  DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (B)   In this subchapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
      ACT 97. The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980), being 35 P.S. §§ 6018.101 et seq.
      ACT 101. The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101, July 28, 1988), being 53 P.S. §§ 4000.101 et seq.
      AGRICULTURAL WASTE. Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production, and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands, and shall include brush and stumps.
      BULKY WASTE. Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
      COMMERCIAL ESTABLISHMENT. Any establishment engaged in non-manufacturing or non-processing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
      COMPOSTING. The storage of vegetable wastes on the property where they were generated, for the purpose of creating aerobic digestion and creation breakdown of vegetable wastes into soil.
      CONSTRUCTION AND DEMOLITION WASTE. All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
      DEPARTMENT. The Pennsylvania Department of Environmental Protection.
      DISPOSAL. The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the commonwealth.
      DOMESTIC WASTE or HOUSEHOLD WASTE. Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
      GARBAGE. Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
      HAULER or PRIVATE COLLECTOR. Any person, firm, co-partnership, association or corporation who has been licensed by the county or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
      HAZARDOUS WASTE. Any solid waste or combination of solid wastes, as defined in Act 97 or 101 which because of its quantity, concentration or physical, chemical or infectious characteristics may:
         (a)   Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
         (b)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
      INDUSTRIAL ESTABLISHMENT. Any establishments engaged in manufacturing or processing, including, but not limited, to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
      INSTITUTIONAL ESTABLISHMENTS. Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
      LICENSE. A legally constituted requirement (Act 101 of 1988) imposed by the County Commissioners for the purpose of collecting and hauling municipal waste from any municipality within the county. This license shall also designate the required disposal site or sites as included in the county’s municipal waste management plan.
      MUNICIPAL WASTE. Garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Acts 97 or 101 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
      MUNICIPALITY. The Township of Summerhill, Cambria County, Pennsylvania.
      PERSON. Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this subchapter prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term PERSON shall include the officers and directors of any corporation or other legal entity having officers and directors.
      PROCESSING. Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. PROCESSING FACILITIES include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.
      REFUSE. All solid waste materials which are discarded as useless.
      RESIDUAL WASTE. Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term RESIDUAL WASTE shall not include coal refuse as defined in the Coal Refuse Disposal Control Act, being 52 P.S. §§ 30.51 et seq. RESIDUAL WASTE shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law, being 35 P.S. §§ 691.1 et seq.
      RUBBISH. All non-putrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
      SCAVENGING. The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
      SEWAGE TREATMENT RESIDUES. Any coarse screenings, grit and de-watered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Acts 97 and 101.
      SOLID WASTE. Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
      STORAGE. The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
      TRANSFER STATION. Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
      TRANSPORTATION. The off-site removal of any solid waste at any time after generation.
(Ord. 57, passed 2-18-2003)

§ 50.03 PROHIBITED ACTIVITIES.

Bookmark§ 50.03  PROHIBITED ACTIVITIES.
   (A)   It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality, any garbage, rubbish, bulky waste or any other municipal or residual solid waste, except in accordance with the provision of this subchapter and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
   (B)   It shall be unlawful for any person to burn any solid waste within the municipality, except in accordance with the provisions of this subchapter and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
   (C)   It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this subchapter and any rules of the Township Supervisors, county or Department rules and regulations adopted pursuant to Act 97 and Act 101.
   (D)   It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license to do so in accordance with the provisions of this subchapter.
   (E)   It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior approval by the municipality.
   (F)   It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and Act 101, and any Department rules and regulations adopted pursuant to these Acts.
   (G)   It shall be unlawful for any person to throw, place or deposit, or cause or permit, to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the municipality except as provided in the subchapter.
   (H)   It shall be unlawful for any person to: place a used lead acid battery in mixed municipal solid waste; discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler to a secondary lead smelter permitted by the Environmental Protection Agency; or to a collection or recycling facility authorized under the laws of this commonwealth.
   (I)   It shall be unlawful for any municipal waste landfill to accept for disposal, and no resource recovery facility may accept for processing, other than composting, truckloads composted primarily of leaf waste or plant waste.
(Ord. 57, passed 2-18-2003)  Penalty, see § 50.99

§ 50.04 STANDARDS FOR STORAGE OF SOLID WASTE.

Bookmark§ 50.04  STANDARDS FOR STORAGE OF SOLID WASTE.
   (A)   The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
   (B)   Any person producing municipal waste shall provide a sufficient number of secure containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
   (C)   Any person storing municipal waste for collection shall comply with the following preparation standards.
      (1)   All municipal waste shall be drained of free liquids before being placed in storage containers.
      (2)   All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
      (3)   All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
      (4)   Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight. Such materials may also be composted by the municipality and/or by the property owner.
      (5)   Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
      (6)   When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery (recycling) of certain waste materials.
   (D)   All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards.
      (1)   Reusable containers shall be constructed of durable, watertight, rust and corrosion resistant material, such as plastic, metal or fiberglass, in such a manner as to be leak-proof, weather-proof, insect-proof and rodent-proof.
      (2)   Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
      (3)   Reusable containers for individual residences shall have a capacity of not less than ten gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
      (4)   (a)   Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal.
         (b)   Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
      (5)   All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
   (E)   Any person storing municipal waste for collection shall comply with the following storage standards.
      (1)   Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
      (2)   (a)   Reusable containers shall be kept in a sanitary condition at all times.
         (b)   The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
      (3)   Containers shall be used and maintained so as to prevent public nuisances.
      (4)   Containers that do not conform to the standards of this subchapter or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner.
      (5)   Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
      (6)   With the exception of pick-up days when the containers are placed out for collection, the containers shall be properly stored on the owner’s or customer’s premises at all times.
      (7)   Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
   (F)   (1)   The storage of all municipal waste from multi-family residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this subchapter.
      (2)   The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
(Ord. 57, passed 2-18-2003)  Penalty, see § 50.99

§ 50.05 STANDARDS AND REGULATIONS FOR COLLECTION AND TRANSPORTATION.

Bookmark§ 50.05  STANDARDS AND REGULATIONS FOR COLLECTION AND TRANSPORTATION.
   (A)   The municipality shall designate the contractor or contractors for the collection of all garbage, rubbish and bulky wastes from individual residences and multi-family residential sources.
   (B)   All households and homeowners shall utilize the residential collection service designated by the municipality.
   (C)   All commercial, institutional and industrial establishments shall dispose of all municipal waste through the municipal arrangements based on a standard charge for anticipated volume and availability of service, approved by the municipality frequency.
   (D)   All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the municipality’s collector and payment of any required special fees.
   (E)   All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
   (F)   Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
   (G)   All solid waste collection activity shall be conducted from Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m. unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sundays or holidays.
   (H)   All licensed haulers under license with the municipality shall comply with the following standards and regulations.
      (1)   All municipal waste collected within the municipality shall be conveyed by the hauler to a transfer station, processing facility or disposal site designated in the approved County Municipal Waste Management Plan.
      (2)   Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Acts 97 and 101, and any Department regulations adopted pursuant of Act 97 and Act 101, and must be licensed by the County Commissioners or their designated agent.
      (3)   All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
      (4)   Collection vehicles for rubbish and other non-putrescible solid waste shall be capable of being enclosed or covered to prevent roadside littering and other nuisances.
      (5)   All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
      (6)   All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
(Ord. 57, passed 2-18-2003)  Penalty, see § 50.99

§ 50.06 COLLECTION AND DISPOSAL CHARGES.

Bookmark§ 50.06  COLLECTION AND DISPOSAL CHARGES.
   (A)   The governing body of the municipality shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, for the establishment, maintenance and operation of the municipal solid waste collection and transportation system; or for the contracting of such service to a private collector.
   (B)   (1)   Annual fee schedules shall be adopted by the municipality based upon the actual costs of collecting municipal waste within the municipality.
      (2)   Anticipated volumes generated by other than single-family households and assessed against all properties in the municipality containing improvements suitable for any use which could generate municipal waste will be assessed a fee in accordance with the fee schedule of the contracted garbage disposal agency.
(Ord. 57, passed 2-18-2003)

§ 50.07 EXCEPTIONS.

Bookmark§ 50.07  EXCEPTIONS.
   (A)   Nothing in this subchapter shall be deemed to prevent a landowner or occupier from creating and maintaining a compost pile provided it is formed entirely from vegetable wastes, is maintained so as to be digested from aerobic bacteria only, and in a manner which neither causes pollution nor is offensive to neighbors of reasonable sensibilities.
   (B)   Nothing in this subchapter shall be deemed to prevent the disposal of agricultural waste upon an active farm, by burning, burial or composting provided that such disposal is conducted in a manner not to cause pollution of the air or water and so as not to interfere with neighbors use of their land.
(Ord. 57, passed 2-18-2003)

§ 50.08 ADMINISTRATIVE APPEALS.

Bookmark§ 50.08  ADMINISTRATIVE APPEALS.
   (A)   All appeals shall be made in writing to the governing body of the municipality.
   (B)   Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
   (C)   Appeals may be made by the following persons: any person who is aggrieved by a new standard, regulation, determination or assessment issued by the municipality may appeal within ten days after the municipality gives notice of its intention to issue the new standard or regulation.
   (D)   The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the municipality shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
(Ord. 57, passed 2-18-2003)

§ 50.09 INJUNCTION POWERS.

Bookmark§ 50.09  INJUNCTION POWERS.
   The municipality may petition the Court of Common Pleas of the county for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this subchapter.
(Ord. 57, passed 2-18-2003)

GARBAGE COLLECTION STAMPS

GARBAGE COLLECTION STAMPS

§ 50.20 GARBAGE COLLECTION STAMP.

Bookmark§ 50.20  GARBAGE COLLECTION STAMP.
   Beginning with the effective date of this subchapter (January 1, 1975), each residence of the township shall be charged for garbage collection. Payment of this charge shall be represented by the issuance of a stamp in a form to be designated by the Township Supervisors.
(Ord. 21, passed - -1974)

§ 50.21 FEE FOR ISSUANCE OF STAMP.

Bookmark§ 50.21  FEE FOR ISSUANCE OF STAMP.
   An annual fee, $12, will be charged each residence of the township for garbage collection. This fee shall be paid at the times and places to be designated by the township.
(Ord. 21, passed - -1974)

§ 50.22 DISPLAY OF STAMP.

Bookmark§ 50.22  DISPLAY OF STAMP.
   Upon the payment of the fee above mentioned, a stamp will be issued by the township. This stamp shall be displayed by each residence in a manner so that the collectors of garbage will be able to identify the residence as having paid the fee for garbage collection. Failure to display the stamp in such a manner that the garbage collectors can easily see said stamp shall result in the garbage not being collected until the stamp is properly displayed.
(Ord. 21, passed - -1974)

§ 50.99 PENALTY.

Bookmark§ 50.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person who violates any provision of §§ 50.01 through 50.09 shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not less than $100 nor more than $1,000, or in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
(Ord. 57, passed 2-18-2003)

CHAPTER 51: SEWERS

BookmarkCHAPTER 51:  SEWERS
Section
General Provisions
   51.01   Jefferson Avenue sanitary sewer
   51.02   Connection, alteration or extension of sewage disposal systems
Sanitary Sewerage System
   51.15   Definitions
   51.16   Connection of all occupied buildings to sanitary sewer system
   51.17   Failure to connect
   51.18   Privies, cesspools, septic tanks and the like
   51.19   Rules for connection
   51.20   Construction expense
   51.21   Roof drains
 
   51.99   Penalty

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 51.01 JEFFERSON AVENUE SANITARY SEWER.

Bookmark§ 51.01  JEFFERSON AVENUE SANITARY SEWER.
   (A)   The construction of a sanitary sewer is hereby authorized and directed along Jefferson Avenue, in an easterly direction, beginning at the intersection of said Jefferson Avenue and Chestnut Street, to Oak Street, approximately 950 feet.
   (B)   The said sanitary sewer shall be ten inches in diameter.
   (C)   The work of the construction of said sewer, and the purchase of material and labor necessary may be done or furnished, or caused to be done or furnished, in whole or in part, by contract to the lowest responsible bidder on specifications of the Township Engineer, or the same may be done by the township authorities as said Supervisors may determine.
   (D)   In the event the said township authorities determine to do the said work, then the Road Supervisor is hereby authorized and directed to purchase all material necessary or required to construct the said sewer, and he or she is also hereby authorized to employ all labor required to properly lay and complete said sewer.
   (E)   Upon the completion and construction of said sewer, the cost thereof shall be assessed to and collected from the owners of property adjacent or abutting upon said improvement by an equal assessment of the feet front to be estimated by the Township Engineer in accordance with the foot front rule. The Township Engineer shall certify the same in writing, showing the date of the completion of said improvement, names of the abutting land owners, the assessable front footage of each and the amount of the assessment against each parcel of land, and shall file the same with the Township Secretary, who shall promptly thereafter serve notice in writing on the said property owners, setting forth their prorata share of said costs, and that the same must be paid within 30 days from the date of said notice.
(Ord. 7, passed 7-28-1958)

§ 51.02 CONNECTION, ALTERATION OR EXTENSION OF SEWAGE DISPOSAL SYSTEMS.

Bookmark§ 51.02  CONNECTION, ALTERATION OR EXTENSION OF SEWAGE DISPOSAL SYSTEMS.
   (A)   It shall be unlawful for any person, firm, association or corporation to erect, construct in any way, alter or extend any sewage disposal system of any kind within the limits of the township until a permit to so do shall first be obtained as provided herein.
   (B)   The application for all permits shall be made to the Township Secretary, who shall refer such applications to the Permit Enforcement Officer or enforcement official appointed or designated by the Board of Supervisors of the township.
   (C)   The Permit Officer or Enforcement Officer shall issue a permit upon compliance by the applicant with the provisions of the Pennsylvania Sewage Facilities Act, P.L. 1535, No. 537 of January 24, 1966, being 35 P.S. §§ 750.1 et seq., as amended, and any regulations adopted thereunder, all of which are hereby incorporated and made a part of this section; provided, however, that the provisions of said Act and the regulations adopted thereunder shall apply in every and all cases regardless of the size of land, lot or area to be served by the sewage system and notwithstanding any limitations to the contrary in said Act and any regulations adopted thereunder.
   (D)   All applications for permits shall be in writing, shall be signed by the applicant and shall be on the standard form adopted or prescribed by the Department of Health of the commonwealth.
   (E)   The fee charged for the application required herein shall be $50 and shall be paid by the applicant to the Enforcement Officer at the time of filing of the application. The fee shall be used to defer in part the cost of processing the application and conducting the tests required for the granting of the permit, and shall not be refunded to the applicant in the event that a permit is not granted.
(Ord. 13, passed 9-1-1968)  Penalty, see § 51.99

SANITARY SEWERAGE SYSTEM

SANITARY SEWERAGE SYSTEM

§ 51.15 DEFINITIONS.

Bookmark§ 51.15  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT 203. The Act of 1990 P. L. 1227 setting and establishing connection and tapping fees for municipal sanitary sewer systems.
   AUTHORITY. The Forest Hills Municipal Authority (FHMA), or any other authority empowered by agreement with the Forest Hills Municipal Authority or the municipality to operate the sewer system or parts thereof.
   BUILDING SEWER. The privately owned extension from the sewage drainage system of any structure to the lateral of a sewer.
   CONNECTION. The complete construction and installation of a building sewer in compliance with all municipality and authority requirements.
   EQUIVALENT DWELLING UNIT (EDU). The average amount of sewage flow expected to be generated by a single-family dwelling.
   IMPROVED PROPERTY. Any property within this municipality upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and/or industrial waste shall or may be discharged.
   INDUSTRIAL ESTABLISHMENT. Any property located in this municipality used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other property located in this municipality from which wastes, in addition to or other than sanitary sewage, shall be discharged.
   INDUSTRIAL WASTES. Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
   INFLOW AND INFILTRATION (I & I). Surface water and/or ground water which enters the sewer system by any means. This subchapter expressly prohibits any person from causing, allowing or permitting any quantity of inflow and infiltration to enter the sewer system.
   LATERAL. The publicly owned portion of the sewer system extending from a sewer to the property line, to a point designated by the municipality or authority, or if no such LATERAL shall be provided, the LATERAL that portion of, or place in a sewer which is provided for connection of any building sewer.
   MUNICIPALITY. The Township of Summerhill, Pennsylvania.
   OWNER. Any person vested with ownership, legal or equitable, sole or partial, of any property.
   PERSON. Any individual, partnership, company, association, society, trust, corporation or other group or entity.
   SANITARY SEWAGE. Normal water-carried household and toilet wastes from any property.
   SEWER. Any pipe or conduit constituting apart of the sewer system used or usable for sewage collection purposes.
   SEWER SYSTEM. All facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of sanitary sewage and/or industrial wastes situate in or adjacent to this municipality and owned by the authority.
   WILDCAT SEWER. A sewer that provides collection but no treatment, not specifically owned by the authority.
(Ord. 49, passed 12-16-1997)

§ 51.16 CONNECTION OF ALL OCCUPIED BUILDINGS TO SANITARY SEWER SYSTEM.

Bookmark§ 51.16  CONNECTION OF ALL OCCUPIED BUILDINGS TO SANITARY SEWER SYSTEM.
   All persons in the municipality owning improved property which is adjoining and adjacent to the sewer system are hereby required to connect with and use said sewer system. Failure to connect within 60 days after written notice to do so has been provided, as defined in § 51.17, shall be a violation of this subchapter. Said connection shall be at the sole cost of the owner. Any person who cannot comply with the above requirements due to causes beyond his or her control shall apply to the municipality or authority within said 60-day period for a time extension not to exceed six months’ duration. Said application shall be made on a form furnished by the municipality or the authority and shall contain an agreement whereby the applicant voluntarily commences payment of the regular, monthly sewer rates immediately, even though actual connection to the sewer system will not be accomplished until some later date within the said six months’ extension period.
(Ord. 49, passed 12-16-1997)  Penalty, see § 51.99

§ 51.17 FAILURE TO CONNECT.

Bookmark§ 51.17  FAILURE TO CONNECT.
   (A)   In addition to any other remedies provided herein, should any adjoining or adjacent owners or persons whose principal building is within 150 feet from the sewer system fail to connect with and use the sewer system within a period of 60 days after written notice to do so has been served by the township or the authority, either by personal service or certified mail, the township, the authority or their designated agent, may enter the property and construct the building sewer. The township or authority shall send an itemized bill of the cost of construction to the owner of the property to which the connection has been made, which bill is payable immediately. If the owner fails to pay the bill within 30 days, the township or the authority shall within six months of the date of completion of the connection, file a municipal lien for the cost of construction, a 10% surcharge thereon, and applicable interest penalties.
   (B)   It shall be unlawful for any owner or occupier of any property adjoining or adjacent to the sewer system to employ any means for disposal of acceptable sanitary sewage (as determined by the authority’s rules and regulations) other than into and through the sewer system.
(Ord. 49, passed 12-16-1997)  Penalty, see § 51.99

§ 51.18 PRIVIES, CESSPOOLS, SEPTIC TANKS AND THE LIKE.

Bookmark§ 51.18  PRIVIES, CESSPOOLS, SEPTIC TANKS AND THE LIKE.
   No privies, cesspools, sinkholes, septic tanks or other receptacle for human excrement shall at the present time or any time in the future be connected with the sewer system.
(Ord. 49, passed 12-16-1997)  Penalty, see § 51.99

§ 51.19 RULES FOR CONNECTION.

Bookmark§ 51.19  RULES FOR CONNECTION.
   No person, firm or corporation shall connect to the sewer system until the following has been complied with.
   (A)   Application shall be made to the authority, as the municipality’s agent, upon a form supplied by the authority for permission to connect to the sewer system. A separate application form must be completed for each individual unit intended to be provided sewer service and said application(s) shall fully describe the character and use of each unit.
   (B)   Payment of the Act 203 fee imposed by the authority shall be made by the owner for each equivalent dwelling unit to be connected to the sewer system at the time of making application therefor. The method of determining an EDU and calculation of multiple EDUs is covered by the rules and regulations of the authority.
   (C)   No work shall be done prior to the payment of said fee(s) and until the applicant has familiarized themselves with the authority rules and regulations relating to completion of an acceptable building sewer, including, but not limited to, materials, fittings, installation, backfilling, inspection and testing, particularly as the construction relates to the elimination of inflow and infiltration.
   (D)   At least 24 hours’ notice of the time when a connection is to be made shall be given to an Inspector designated by the municipality or the authority so that said Inspector can be present to inspect the building sewer line. Such inspection shall include witnessing the testing as required by the authority rules and regulations, as performed by the applicant and determining that the building sewer complies with all requirements as to the proper construction and elimination of all sources of inflow and infiltration. If the building sewer passes all tests, the Inspector shall signify his or her approval by endorsing his or her name and the date of approval on the application in the possession of the owner or occupier. Said application shall contain language that the owner understands the requirement of elimination and exclusion of inflow and infiltration, and thereafter will not make any modifications to the plumbing and drainage without the knowledge, inspection and approval of the authority.
   (E)   At the time of inspection, the Inspector shall be permitted complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property in order to determine the nature and extent of the piping network to be connected to the authority’s sewer system. No pre-existing sewer drainage piping may be connected to the applicant’s new building sewer until such pre-existing piping has passed the required tests as specified in division (F) below and the rules and regulations of the authority. No building sewer line shall be backfilled, or in any manner concealed, until after approval by the Inspector.
   (F)   Testing requirements must meet or exceed those as contained in the most current edition of the BOCA at National Plumbing Code or the CABO at One- and Two-Family Dwelling Code.
   (G)   No approved sewer may be extended, altered, repaired, replaced and/or tampered with in any way without notice to the authority. Subsequent to any alteration of any sewer connection, retesting, in accordance with the authority’s rules and regulations is required. In addition, retesting to ensure continued compliance with the rules and regulations shall be performed at any time necessary based upon inspections by the authority or municipality.
(Ord. 49, passed 12-16-1997)  Penalty, see § 51.99

§ 51.20 CONSTRUCTION EXPENSE.

Bookmark§ 51.20  CONSTRUCTION EXPENSE.
   The construction of all building sewer lines to the lateral of the sewer system shall be done at the sole expense of the owner. Said construction shall be done to eliminate all sources of I & I, in accordance with the specifications, plans and procedures established by the municipality and the authority as set forth in the authority’s sewer system rules and regulations, as the same may from time to time be published and amended, copies of which, upon adoption, shall be maintained on file with the Municipal Secretary and the authority.
(Ord. 49, passed 12-16-1997)

§ 51.21 ROOF DRAINS.

Bookmark§ 51.21  ROOF DRAINS.
   It shall be unlawful for any person, firm or corporation connected to the sewer system to connect any roof drain thereto or permit any roof drain to remain connected thereto or to permit, allow or cause to enter into said sewer system any storm water, foundation water, spring water, surface water, any unacceptable sewage or industrial waste (as determined by the authority’s rules and regulations), or any sewage or industrial waste from any property, building or unit other than that for which an application has been made.
(Ord. 49, passed 12-16-1997)  Penalty, see § 51.99

§ 51.99 PENALTY.

Bookmark§ 51.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person, firm, association or corporation violating any of the provisions of § 51.02 shall, upon conviction thereof before any Justice of the Peace or Supervisor in a proceeding commenced by warrant or summons, be fined a sum not in excess of $300 for each and every offense. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine and costs, the defendant may be sentenced and committed to the County Jail for a period not exceeding 30 days. Each and every day that erection, construction, alteration or extension continue without first securing a permit in violation of the provisions in § 51.02 shall constitute a separate and distinct offense and shall be subject to separate and distinct penalties.
   (C)   (1)   In addition to any penalty hereinabove prescribed in §§ 51.15 through 51.21, any person, or persons, failing to make a proper connection within the time specified after due notice, shall be subject to prosecution in accordance with the Pennsylvania Rules of Criminal Procedure for the enforcement of summary offenses. Upon conviction of same, said person shall pay a fine not to exceed $1,000 and may be imprisoned in the County Jail for a period not to exceed 90 days. Each day or portion thereof for which said violation is found to exist shall constitute a separate offense hereunder.
      (2)   Any person or persons violating any other provision of §§ 51.15 through 51.21 (other than a failure to connect) shall be prosecuted as hereinbefore set forth, and upon conviction shall pay a fine not to exceed $300 and may be imprisoned for a period not to exceed 30 days in the County Jail. Each day or portion thereof for which said violation is found to exist shall constitute a separate offense hereunder.
      (3)   For purposes of enforcement of §§ 51.15 through 51.21, the authority is hereby empowered to make the initial determination of ordinance violation and is similarly empowered to serve the notice of violation.
(Ord. 49, passed 12-16-1997)

CHAPTER 52: HOLDING TANKS

BookmarkCHAPTER 52:  HOLDING TANKS
Section
   52.01   Purposes
   52.02   Definitions
   52.03   Rights and privileges granted
   52.04   Rules and regulations
   52.05   Permits
   52.06   Plan
   52.07   Construction standards
   52.08   Limitations upon use of privy
   52.09   Removal of privy
   52.10   Duties of owner
   52.11   Charges
   52.12   Notice to subsequent purchasers or tenants
   52.13   Exclusiveness of rights and privileges
   52.14   Abatement of nuisance
 
   52.99   Penalty

§ 52.01 PURPOSES.

Bookmark§ 52.01  PURPOSES.
   (A)   The purpose of this chapter is to establish procedures for the use and maintenance of existing and new privies and holding tanks which are designed to receive and retain sewage.
   (B)   It is hereby declared by the Board of Supervisors of the township that the enactment of this chapter is necessary for the protection, benefit and preservation of health, safety health, safety and welfare of the inhabitants of this municipality.
(Ord. 42, passed 6-18-1996)

§ 52.02 DEFINITIONS.

Bookmark§ 52.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGENT. Any employee of the township empowered by the township and/or the commonwealth to enforce the provisions of this chapter. The term AGENT shall include, but shall not be limited to, any certified Sewage Enforcement Officer duly appointed by the Township Board of Supervisors.
   BOARD. Board of Supervisors of Summerhill Township, Cambria County, Pennsylvania.
   HOLDING TANK. A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site. For purposes of this chapter, a HOLDING TANK shall have a capacity of no less than 1,000 gallons.
   IMPROVED PROPERTY. Any property within the township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
   MUNICIPALITY. Summerhill Township, Cambria County, Pennsylvania.
   OWNER. Any person vested with ownership, legal or equitable, sole or partial, of any property located in the township.
   PERSON. Any individual, partnership, company, association, corporation or other group or entity.
   PRIVY. A watertight tank designed to receive sewage where water under pressure and piped wastewater are not available.
   SEWAGE. Any substance that contains any of the waste products, excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation. SEWAGE shall include GRAY WATER which is further defined as discharge from any shower, tub, sink, washing machine or other facility used for bathing or washing, including dishwater and water softener discharge.
(Ord. 42, passed 6-18-1996)

§ 52.03 RIGHTS AND PRIVILEGES GRANTED.

Bookmark§ 52.03  RIGHTS AND PRIVILEGES GRANTED.
   The Board of Supervisors, hereinafter referred to as “Board”, is hereby authorized and empowered to regulate as specified herein, within the municipality, the methods of holding tank use, privy use, sewage collection, transportation and disposal resulting from such use.
(Ord. 42, passed 6-18-1996)

§ 52.04 RULES AND REGULATIONS.

Bookmark§ 52.04  RULES AND REGULATIONS.
   (A)   The Board is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
   (B)   All such rules and regulations adopted by the Board shall be in conformity with the provisions herein, all other ordinances of the municipality, and all applicable laws, rules and regulations of the commonwealth.
(Ord. 42, passed 6-18-1996)

§ 52.05 PERMITS.

Bookmark§ 52.05  PERMITS.
   Upon and after the enactment of this chapter, no privy shall be installed, utilized or otherwise placed in service, by any owner or person until said owner or person has obtained a permit from the municipality. Application for the permit shall be made upon a form and shall be accompanied by a fee, as designated by resolution or ordinance or the Supervisors of the municipality, or shall be made upon a form as designated by the applicable state agency. The minimum permit application fee shall be $125, and this amount may be amended by resolution of the Supervisors of the municipality.
(Ord. 42, passed 6-18-1996)

§ 52.06 PLAN.

Bookmark§ 52.06  PLAN.
   The permit application shall be accompanied by a plan setting forth the proposed construction design of the privy. Specifications required to be set forth in said plan shall be issued by the municipality’s Sewage Enforcement Officer or by another person designated by the municipality. Failure to construct in accordance with any plan approved by the municipality or its agent shall be deemed a violation of this chapter.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.07 CONSTRUCTION STANDARDS.

Bookmark§ 52.07  CONSTRUCTION STANDARDS.
   (A)   At a minimum, any privy located within the municipality shall be constructed and maintained so as to be in accordance with applicable state laws and regulations and the following standards.
      (1)   The privy shall be located so as to minimize any danger of contamination of water supplies. Unless exemption shall be granted by the Supervisors, in writing, the privy shall be downgrade and at least 50 feet from any source of water supply.
      (2)   The privy shall be located at least 50 feet away from any building served.
      (3)   The privy shall be located at least 50 feet from any structure owned by any person other than the user/applicant, which other structure is used seasonally or on a full-time basis for human occupation unless said person shall, in writing, consent to the placement closer than said distance.
      (4)   The privy shall be located at least ten feet away from any boundary line unless the owner of the adjacent property shall consent, in writing, to the placement closer than said distance.
   (B)   The provisions and standards of division (A)(3) above may be waived by resolution of the Supervisors, which waiver will be considered on a case-by-case basis.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.08 LIMITATIONS UPON USE OF PRIVY.

Bookmark§ 52.08  LIMITATIONS UPON USE OF PRIVY.
   (A)   Privies may be installed only upon the following conditions:
      (1)   The applicable official township plan or the revision thereto indicates the use of privies for the lot at issue and further that said premises have been tested for and meet the requirements for the ultimate sewage disposal by one of the systems described in 25 Pa. Code Chapter 73 (relating to construction of absorption areas);
      (2)   When the privy will be installed upon an isolated lot which is one acre or larger and which lot is not served by water under pressure (including pressure by gravity); or
      (3)   When the privy or privies will be installed for a period of less than 90 days when a use is proposed at construction sites or at the site of public gatherings and entertainments.
   (B)   In all events, privies may not be utilized or constructed upon premises served by water under pressure or upon premises for which piped waste water collection services are available. This division (B) may be waived by resolution of the Supervisors of the municipality when the privy is to be permitted for temporary installation in accordance with division (A)(3) above.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.09 REMOVAL OF PRIVY.

Bookmark§ 52.09  REMOVAL OF PRIVY.
   The owner of any premises upon which there is erected or installed a privy shall comply with the following conditions upon said premises becoming served with water under pressure or upon piped wastewater collection becoming available to said premises:
   (A)   Within 60 days of said event, remove all contents from the privy and discontinue use of the same; and
   (B)   Within 120 days, unearth, disconnect and remove all plumbing and piping attached to said privy and remove, fill or otherwise render said privy unusable for the purpose of the storage or sewage.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.10 DUTIES OF OWNER.

Bookmark§ 52.10  DUTIES OF OWNER.
   Owners of property upon which there is installed a privy shall:
   (A)   Permit the municipality to inspect the privy as required by the municipality. Application for a privy permit shall be deemed consent by the owner and all subsequent owners of said privy for the municipality, its agents or employees to go upon the premises upon which the privy is located and to make all necessary inspections thereof;
   (B)   Maintain and operate the privy in conformance with this and all other ordinances and resolutions of the municipality, the provisions of any applicable law, rule or regulation of the commonwealth, its subdivisions and administrative agencies; and
   (C)   Not permit the discharge of sewage onto the surface, into the ground or into the water of the commonwealth.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.11 CHARGES.

Bookmark§ 52.11  CHARGES.
   The owner shall pay to the municipality all amounts which shall be assessed or charged to the owner and incurred by the municipality in association with the enforcement of this chapter. It is intended that said charges will include, but not necessarily be limited to, the hourly or other fees as charged by the municipality’s Sewage Enforcement Officer for inspection or other tasks necessary for the maintenance of the privy pursuant to this chapter. In addition, the municipality shall have the right and power to fix, alter, charge and collect rates, assessments and other charges as it shall, from time to time, adopt by resolution or ordinance or as the same may be required within 30 days of the mailing of said charges to the owner or the posting of notice of said charges upon the premises which the privy is located and may be collected from one or more or all of the owners of said premises. Any charges imposed hereunder may also be charged and collected as municipal liens in accordance with law. The deposit shall be used for enforcement, inspection and the like. The deposit shall be in the amount of $1,000. Any unused balance of the deposit shall be refunded by the township when the privy is removed or a new deposit made when the property is transferred.
(Ord. 42, passed 6-18-1996; Res. 42-09/06/2011, passed 9-6-2011)

§ 52.12 NOTICE TO SUBSEQUENT PURCHASERS OR TENANTS.

Bookmark§ 52.12  NOTICE TO SUBSEQUENT PURCHASERS OR TENANTS.
   Any owner of premises upon which there is installed a privy who intends to grant, sell, convey, lease, sublease or otherwise assign or transfer an interest in the premises to another party shall be required to provide the other party 30 days’ advance notice, in writing, of the fact that the premises is served by a privy. Any new owner must reapply for a permit, which shall not be issued as a matter of course. A new permit fee and deposit must be paid by the new owner.
(Ord. 42, passed 6-18-1996)

§ 52.13 EXCLUSIVENESS OF RIGHTS AND PRIVILEGES.

Bookmark§ 52.13  EXCLUSIVENESS OF RIGHTS AND PRIVILEGES.
   (A)   The collection and transportation of all sewage from any property utilizing a holding tank shall be completed under the direction and control of the Board or its agent, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the commonwealth.
   (B)   The Board or its agent shall be provided pumping receipts from permitted holding tanks and documentation of receipt from a Department of Environmental Protection approved receiving station.
   (C)   The Board or its agent will complete and retain annual inspection reports for each permitted tank.
   (D)   (1)   The Board or its agent shall permit a holding tank only for properties whose primary use is recreational; or properties where use of a holding tank shall be deemed necessary to abate a nuisance. In no event shall a holding tank be permitted by the Board or its agent as a permanent system of sewage disposal for residential purposes.
      (2)   Property owners shall comply with all applicable state regulations for holding tank use.
   (E)   Holding tanks will only be permitted with appropriate Department of Environmental Protection approval.
(Ord. 42, passed 6-18-1996)  Penalty, see § 52.99

§ 52.14 ABATEMENT OF NUISANCE.

Bookmark§ 52.14  ABATEMENT OF NUISANCE.
   (A)   In addition to any other remedy provided in this chapter or available under law, any violation of this chapter shall be reviewed by the Supervisors of the municipality and if said review shall warrant, be deemed a nuisance to be abated by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
   (B)   The municipality may assess to the owner any and all charges or other costs incurred in the abatement of said nuisance pursuant to the Township Code, 53 P.S. §§ 65101 et seq.
(Ord. 42, passed 6-18-1996)

§ 52.99 PENALTY.

Bookmark§ 52.99  PENALTY.
   Any person who violates any provision of this chapter shall, upon determination thereof, be assessed a penalty of not less than $100 and not more than $600 plus costs. Each day upon which a violation of this chapter shall continue shall be deemed a separate violation subject to a separate penalty hereunder.
(Ord. 42, passed 6-18-1996)

CHAPTER 53: WATER

BookmarkCHAPTER 53:  WATER
Section
   53.01   Connection to public water system
   53.02   Means of obtaining water other than public water system
   53.03   Notice
   53.04   Connection/interconnection
   53.05   Standard tap-in rate to be charged
   53.06   Connection conditions
   53.07   Missing material
 
   53.99   Penalty

§ 53.01 CONNECTION TO PUBLIC WATER SYSTEM.

Bookmark§ 53.01  CONNECTION TO PUBLIC WATER SYSTEM.
   Every owner of property in the township whose property abuts upon any portion of the public water supply and distribution system shall connect the house, building or other structures located on said property with the aforementioned public water system, and thereafter pay for service in accordance with the authority’s appropriate prevailing rate schedule.
(Ord. 58, passed 12- -2003)  Penalty, see § 53.99

§ 53.02 MEANS OF OBTAINING WATER OTHER THAN PUBLIC WATER SYSTEM.

Bookmark§ 53.02  MEANS OF OBTAINING WATER OTHER THAN PUBLIC WATER SYSTEM.
   It shall be unlawful for any owner, lessee or occupier of any of the aforementioned property in the township, after completion of construction, to employ any means of obtaining water for purposes of human consumption other than from said public water system.
(Ord. 58, passed 12- -2003)  Penalty, see § 53.99

§ 53.03 NOTICE.

Bookmark§ 53.03  NOTICE.
   It shall be the duty of the Township Secretary or the authorized representative of either Highland Sewer and Water Authority or Tri Township Water Authority (hereinafter called the “authority”) to notify the owner, lessee or occupier of each structure covered hereunder in writing, either by personal service, certified mail or registered mail, to connect the same, as herein provided, within 45 days after receipt of such notice. Any owner, lessee or occupier of a structure who cannot comply with the provisions of this section as to connection within the 45-day period stipulated above due to causes beyond his or her control should apply to the Township Secretary or authority within said 45-day period for a time extension of up to six months in duration. Said application shall be made on a form to be furnished by the Township Secretary or the authority and shall contain a voluntary agreement on the part of the applicant under which the applicant shall agree to commence paying the regular monthly water bill immediately.
(Ord. 58, passed 12- -2003)

§ 53.04 CONNECTION/INTERCONNECTION.

Bookmark§ 53.04  CONNECTION/INTERCONNECTION.
   It shall be unlawful for any person, firm or corporation to connect with or permit the connection of any other property by any other person, firm or corporation or to interconnect any other source of water supply for human consumption within the property.
(Ord. 58, passed 12- -2003)  Penalty, see § 53.99

§ 53.05 STANDARD TAP-IN RATE TO BE CHARGED.

Bookmark§ 53.05  STANDARD TAP-IN RATE TO BE CHARGED.
   In consideration of an agreement entered into between Highland Sewer and Water Authority or Tri Township Water Authority (“authority”), the Redevelopment Authority of the county (“county”) and the township (“township”), the authority will charge its prevailing, standard tap-in fee to any customer. The authority will levy a charge to said customers for the cost and installation of the water meter and remote meter as required by the authority’s rules and regulations.
(Ord. 58, passed 12- -2003)

§ 53.06 CONNECTION CONDITIONS.

Bookmark§ 53.06  CONNECTION CONDITIONS.
   No person, firm or corporation shall make or cause to be made any connection until he or she has fulfilled all of the following conditions.
   (A)   He or she shall make application to the Township Secretary, or the authority as the township’s agent, upon a permanent form to be formulated and supplied by the Township Secretary or the authority for permission to connect. Among other things, the applicant must state the character and use of each structure located on his or her property.
   (B)   He or she shall pay the required applicable tap connection fee as established and imposed by the authority at the time of making application for permission to make a connection.
(Ord. 58, passed 12- -2003)  Penalty, see § 53.99

§ 53.07 MISSING MATERIAL.

Bookmark§ 53.07  MISSING MATERIAL.

§ 53.99 PENALTY.

Bookmark§ 53.99  PENALTY.
   [Missing material]
   ....to undergo an imprisonment of not less than five days nor more than 30 days in the County Jail.
(Ord. 58, passed 12- -2003)

TITLE VII: TRAFFIC CODE

TITLE VII:  TRAFFIC CODE
   Chapter
      70.   GENERAL PROVISIONS
      71.   PARKING REGULATIONS
      72.   WEIGHT LIMITATIONS
      73.   TRAFFIC SCHEDULES
      74.   PARKING SCHEDULES

CHAPTER 70: GENERAL PROVISIONS

BookmarkCHAPTER 70:  GENERAL PROVISIONS
Section
   70.01   Use of electrical speed time and other speed monitoring devices

§ 70.01 USE OF ELECTRICAL SPEED TIME AND OTHER SPEED MONITORING DEVICES.

Bookmark§ 70.01  USE OF ELECTRICAL SPEED TIME AND OTHER SPEED MONITORING DEVICES.
   Pursuant to the Motor Vehicle Code of the commonwealth, 75 Pa.C.S. §§ 6101 et seq., it is hereby ordained as follows.
   (A)   The Police Department of the township is hereby authorized to monitor, control and enforce established speed restrictions and limits on streets and highways located within the boundaries of the township by use of the Excessive Speed Preventer (ESP) Model TK100, Vas-car or such other electrical speed timing devices or any other speed monitoring device now, or as may be hereafter authorized by the Pennsylvania Department of Transportation for use by local authorities.
   (B)   Notice of the adoption of this section authorizing the use of electrical speed timing devices to monitor and enforce established speed restrictions and limits shall be given to the public by the erection of signs on streets and highways, as provided by law. If later court determinations remove the necessity to post signs, then those signs may be removed.
(Ord. 30, passed 3-15-1984)
Statutory reference:
   Specific powers of department and local authorities, see 75 Pa.C.S. § 6109

CHAPTER 71: PARKING REGULATIONS

BookmarkCHAPTER 71:  PARKING REGULATIONS
Section
   71.01   Prohibitions
   71.02   Parking on private property
   71.03   Parking regulations
   71.04   Parking of commercial equipment
   71.05   Exceptions
 
   71.99   Penalty

§ 71.01 PROHIBITIONS.

Bookmark§ 71.01  PROHIBITIONS.
   Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle, or in compliance with law or the direction of a police officer or official traffic-control device, the following prohibitions shall be in effect.
   (A)   Stopping, standing or parking of a vehicle is expressly prohibited under the following circumstances:
      (1)   On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
      (2)   On any sidewalk;
      (3)   Within any intersection;
      (4)   On any crosswalk;
      (5)   Between a safety zone and the adjacent curb immediately opposite the ends of a safety zone;
      (6)   Alongside or opposite any street excavation or obstruction which would obstruct traffic;
      (7)   Upon any bridge or other elevated structure;
      (8)   On any railroad tracks;
      (9)   On public or private property which is expressly reserved for handicapped persons or disabled veterans when said property has been posted in accordance with the regulations of the Pennsylvania Department of Transportation; and
      (10)   At any place where official signs prohibit same.
   (B)   Standing and parking of vehicles is expressly prohibited under the following circumstances:
      (1)   In front of a public or private driveway;
      (2)   Within 15 feet of a fire hydrant;
      (3)   Within 20 feet of a crosswalk at an intersection;
      (4)   Within 30 feet of any flashing signal, stop sign, yield sign or traffic-control signal located at the site of a roadway;
      (5)   Within 20 feet of the driveway entrance to any fire station or when properly posted, on the side of a street opposite the entrance to any fire station within 75 feet of the entrance; and
      (6)   Any place where official signs prohibit the same.
   (C)   Parking a vehicle is expressly prohibited under the following circumstances:
      (1)   Within 50 feet of the nearest rail of a railroad crossing; and
      (2)   Any place where official signs prohibit parking.
   (D)   During the time period of November 15 to April 1, no motor homes, truck campers, utility trailers, recreational trailers or trailers shall be parked on any street or within two feet of the edge of the right-of-way in the township. This is to facilitate the removal of snow during this time period.
(Ord. 46, passed 1-6-1997)  Penalty, see § 71.99

§ 71.02 PARKING ON PRIVATE PROPERTY.

Bookmark§ 71.02  PARKING ON PRIVATE PROPERTY.
   (A)   No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control of possession of the property, except in the case of an emergency or disablement of the vehicle, in which case the operator shall arrange for the removal of the vehicle as soon as possible.
   (B)   The provisions of division (A) above shall not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions in which case the operator of a vehicle should not violate said posted restrictions. For the purpose of this section PRIVATE PARKING LOT means a parking lot open to the public and used for parking with or without charge.
(Ord. 46, passed 1-6-1997)  Penalty, see § 71.99

§ 71.03 PARKING REGULATIONS.

Bookmark§ 71.03  PARKING REGULATIONS.
   (A)   Every vehicle which is standing or parked on a two-way highway shall be positioned parallel to either the curb or the edge of the highway and in all cases in the direction of authorized traffic movement. The vehicles shall be parked such that the right-hand curb, or in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder.
   (B)   Every vehicle which is standing or parked on a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement. Said vehicle shall be parked so that its wheels are within 12 inches from the curb, or in the absence of a curb, as close as practicable to the shoulder of the road.
(Ord. 46, passed 1-6-1997)  Penalty, see § 71.99

§ 71.04 PARKING OF COMMERCIAL EQUIPMENT.

Bookmark§ 71.04  PARKING OF COMMERCIAL EQUIPMENT.
   (A)   Generally. No commercial equipment, including, but not limited to, trucks, tandems (in excess of one-ton capacity), tractor-trailers, tractors or other commercial construction, or cargo moving vehicles or equipment shall be parked upon any highway or street within the township. Furthermore, no commercial equipment as described in this division (A) shall be parked or stored upon any highway or street in the township after completion of the working day.
   (B)   Exceptions. The following are exceptions to the restrictions set forth in division (A) above.
      (1)   Any commercial equipment described in this section may legally park for the purpose of delivering goods or rendering services during the normal course of business, provided that such vehicle does not substantially impede the flow of vehicular traffic.
      (2)   Vehicles being used for the purpose of road construction shall be permitted to park, stand or stop on any highway or street within the township when construction is in progress upon said highway or street.
(Ord. 46, passed 1-6-1997)  Penalty, see § 71.99

§ 71.05 EXCEPTIONS.

Bookmark§ 71.05  EXCEPTIONS.
   There shall be exempted from this prohibition the temporary parking of a vehicle on township roads upon the occurrence of a vehicle break-down or other emergency that disables the vehicle.  Vehicles so parked as a result of vehicle break-down or other emergency shall be removed from the prohibited area within 24 hours.  This exception is not intended to authorize any parking on the road cartway unless the vehicle break-down or other necessitating emergency occurs at a location where removal from the road cartway is physically impossible.  This exception is not allowed during snow storms or during the time required for snow removal following a snow storm.  Other than a flat tire being changed, the disabled vehicle must be removed from the roadside to be repaired.  Repairs cannot be made while parked on or along the roadway.  For the purpose of this prohibition, the road cartway is the paved or main travel portion of the roadway.

§ 71.99 PENALTY.

Bookmark§ 71.99  PENALTY.
   (A)   Violations of §§ 71.01 or 71.03. Any person violating any provision of §§ 71.01 or 71.03 shall be guilty of a summary offense and, upon conviction before a District Magistrate within the magisterial district of which the township is a part, shall be fined $20 plus costs of prosecution. In default of the payment of any fine, such person shall be liable for imprisonment of not more than ten days in the County Prison.
   (B)   Violations of §§ 71.02, 71.04 or 71.05. Any person violating the provisions of §§ 71.02, 71.04 or 71.05 shall be guilty of a summary offense and, upon conviction before a District Magistrate within the magisterial district to which the township is a part, shall be fined $50 per day plus costs of prosecution. In default of the payment of any fine, such person shall be liable for imprisonment of not more than ten days in the County Prison.
   (C)   Reduced penalty. In all cases where a police officer of the township first gives notice to a person of any violation of this chapter, either by personal service to the offending operator or by affixing to the vehicle in violation a ticket noting the date, time and location of the offense, nature of the offense charged and the license registration of the vehicle in violation, prosecution shall not be instituted for 72 hours thereafter. If, during the said 72-hour period, the offending operator voluntarily appears at the office of the Township Secretary during regular business hours, voluntarily enters a plea of guilty and pays a fine in accordance with the fee schedule listed, for violating a provision of this chapter, no prosecution for said offense shall be brought. In the alternative, said offender may forward to the office of the township police by regular mail the appropriate fine and no prosecution for the offense shall thereafter be brought so long as the envelope is postmarked within 72 hours of the violation.
 
Fee Schedule
Offense
Fee
1 - 3 parking offenses
$10 per offense
4 - 6 parking offenses
$25 per offense
7 - 10 parking offenses
$50 per offense
After 10 parking offenses
$100 per offense
Note: Parking violations are cumulative; each time a fine is added to any prior offense, there is no end date, they are cumulative for a lifetime.
 
(Ord. 46, passed 1-6-1997)

CHAPTER 72: WEIGHT LIMITATIONS

BookmarkCHAPTER 72:  WEIGHT LIMITATIONS
Section
   72.01   Short title
   72.02   Enactment
   72.03   Definitions
   72.04   Findings of the Board of Supervisors
   72.05   Vehicle weight limits established
   72.06   Permits and security
   72.07   Erection of signs
   72.08   Fee schedule
 
   72.99   Penalty

§ 72.01 SHORT TITLE.

Bookmark§ 72.01  SHORT TITLE.
   This chapter shall be known as the “Motor Vehicle Weight Limitation Ordinance of Summerhill”.
(Ord. 53, passed 10-16-2001)

§ 72.02 ENACTMENT.

Bookmark§ 72.02  ENACTMENT.
   This chapter is enacted pursuant to the authority conferred by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, § 1, effective July 1, 1977 (75 Pa.C.S.A. §§ 101 et seq.), as amended and is intended to include and be subject to all provisions of § 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902 and all Pennsylvania Department of Transportation regulations promulgated or to be promulgated under the Vehicle Code, by way of illustration and not limitation, under §§ 4902(a)(1) and 6103 (75 Pa.C.S.A. §§ 4902(a)(1) and 6103).
(Ord. 53, passed 10-16-2001)

§ 72.03 DEFINITIONS.

Bookmark§ 72.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMERGENCY VEHICLE. A Fire Department vehicle, police vehicle, ambulance, blood delivery vehicle, Armed Forces emergency vehicle, one private vehicle of a Fire or Police Chief or Assistant Chief, or ambulance corps commander or assistant commander, or of a river rescue commander used for answering emergency calls, or other vehicle designated by the State Police under 75 Pa.C.S.A. § 6106 of the Vehicle Code (relating to designation of emergency vehicles by Pennsylvania State Police).
   LOCAL TRAFFIC. Emergency vehicles and school buses, defined herein, vehicles and combinations or governmental entities and utilities where their contractors are engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway, and vehicles and combinations going to or coming from a residence or farm located on a posted highway or which can be reached only via a posted highway.
   MOTOR VEHICLE. Any vehicle or combination as defined and/or governed by the Vehicle Code, 75 Pa.C.S.A. §§ 101 et seq., as amended.
   SCHOOL BUS. A motor vehicle designated for carrying more than ten passengers, exclusive of the driver, and used for the transportation of school children.
(Ord. 53, passed 10-16-2001)

§ 72.04 FINDINGS OF THE BOARD OF SUPERVISORS.

Bookmark§ 72.04  FINDINGS OF THE BOARD OF SUPERVISORS.
   The Board of Supervisors has determined and hereby determines based upon engineering studies conducted by the Pennsylvania Department of Transportation, and otherwise, that the roads listed in Ch. 73, Schedule II may be damaged or destroyed unless the permissible weight of motor vehicles is restricted to the weight limits listed in that schedule.
(Ord. 53, passed 10-16-2001)  Penalty, see § 72.99

§ 72.05 VEHICLE WEIGHT LIMITS ESTABLISHED.

Bookmark§ 72.05  VEHICLE WEIGHT LIMITS ESTABLISHED.
   (A)   Pursuant to the findings under § 72.04, and by authority of 75 Pa. C.S.A. § 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed in Ch. 73, Schedule II with gross weight in excess of the weight limits listed for said road in Ch. 73, Schedule II.
   (B)   Local traffic as defined in § 72.03 shall be exempted from the restrictions imposed under division (A) above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify the State Police. After two business days following delivery of the notice, or after five days following mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with § 72.07.
(Ord. 53, passed 10-16-2001)  Penalty, see § 72.99

§ 72.06 PERMITS AND SECURITY.

Bookmark§ 72.06  PERMITS AND SECURITY.
   (A)   The Board of Supervisors of the township may issue permits for the movement of motor vehicles or combinations with weights in excess of the restrictions imposed under Ch. 73, Schedule II, and may require such undertaking or security as it deems necessary to cover the costs of anticipated or probable repairs and restoration necessitated by the permitted movement of vehicles.
   (B)   All actions taken under the authority of this section shall be taken in accordance with the rules and regulations adopted by the commonwealth, Department of Transportation, as found in Pa. Code Title 67.
(Ord. 53, passed 10-16-2001)

§ 72.07 ERECTION OF SIGNS.

Bookmark§ 72.07  ERECTION OF SIGNS.
   The township shall erect or cause to be erected and maintained, restriction signs designating the restrictions at the end of the portion of road restricted as provided in this chapter. In the case of a restriction on a road which has not begun or ended at an intersection with an unrestricted highway, the township shall also place an advance informational sign at the intersection nearest each end of the restricted portion of the road which would allow drivers to avoid the restricted portion of road.
(Ord. 53, passed 10-16-2001)

§ 72.08 FEE SCHEDULE.

Bookmark§ 72.08  FEE SCHEDULE.
   Permit fees to operate vehicles in excess of ten tons on restricted weight township roads are as follows:
   (A)   Initial inspection fee.  The fee for the township to inspect the township roads to any hauling will be $200.
   (B)   Administrative fee. The fee for the Township Secretary to complete all paperwork necessary to issue a permit to operate vehicles in excess of ten tons on restricted weight townships roads will be $25 per permit.
   (C)   Interim inspection fee. The fee for the township to inspect the township roads prior to any significant hauling hiatus by the permittee will be $50.
   (D)   Cost-use inspect fee. The fee for the township to inspect the township roads once all hauling has been concluded will be $100.
   (E)   Third party consultation fees. In the event that the Board of Supervisors determines that a third party consultation is necessary to determine the extent of damage caused by excessive hauling, the permittee is responsible for all costs associated with said consultation.
   (F)   Road video inspection fees. The fee for videoing any road is $200 per road (included in the initial inspection fee). If additional videoing is necessary, the fee will be $100.
(Res. 235, passed 12-5-2017)

§ 72.99 PENALTY.

Bookmark§ 72.99  PENALTY.
   Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 72.04 and Ch. 73, Schedule II is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, except that any person convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight.
(Ord. 53, passed 10-16-2001)

CHAPTER 73: TRAFFIC SCHEDULES

BookmarkCHAPTER 73:  TRAFFIC SCHEDULES
Schedule
      I.   Speed limits
      II.   Weight limitations
      III.   Prohibition of motor vehicles

SCHEDULE I. SPEED LIMITS.

BookmarkSCHEDULE I.  SPEED LIMITS.
 
Street Name
Location
Speed Limit
Ord./Res.
Date Passed
Church Road
 
25 mph
Res. 157
5-23-2000
McCormick Road
Middle of McCormick Road
25 mph
Res. 137
8-19-1997
Turkey Path Road
 
25 mph
Res. 227
8-2-2016
 
Penalty, see § 10.99

SCHEDULE II. WEIGHT LIMITATIONS.

BookmarkSCHEDULE II.  WEIGHT LIMITATIONS.
 
Route Numbers
Street Name
Between
Weight Limit (Ton)
Ord./Res.
Date Passed
Church Road
 
10
Res. 159
9-5-2000
T-751
Friends Avenue
S.R. 2007 to dead end
10
53
10-16-2001
T-399
Pump Station Road
Wilmore Borough to Portage Township
10
53
10-16-2001
T-420
McCormick Road
S.R. 160 to Cambria Township
10
53
10-16-2001
T-416
Willow Beach Road
S.R. 160 to Cambria Township
10
53
10-16-2001
 
Penalty, see § 72.99

SCHEDULE III. PROHIBITION OF MOTOR VEHICLES.

BookmarkSCHEDULE III.  PROHIBITION OF MOTOR VEHICLES.
 
Location
Restriction
Ord./Res.
Date Passed
Harvey Dickey Road
No motor vehicles beyond property of Darren Wright
Res. 242
4-3-2018
Wilmore Heights
No motor vehicles beyond this point
Res. 176
4-6-2004
 
Penalty, see § 10.99

CHAPTER 74: PARKING SCHEDULES

BookmarkCHAPTER 74:  PARKING SCHEDULES
Schedule
      I.   Parking prohibitions
      II.   Handicapped parking

SCHEDULE I. PARKING PROHIBITIONS.

BookmarkSCHEDULE I.  PARKING PROHIBITIONS.
 
Street Name
Location of Restriction
Restriction
Ord./Res.
Date Passed
Ballfield Road
West side, from Friends Avenue to Stone Street; Beaverdale
No parking
Res. 136
5-19-1997
Blanche Street
East side, from Margaret Avenue to Michael Avenue; Beaverdale
No parking
Res. 146
1-4-1999
Cameron Avenue
North side of Cameron Avenue, Beaverdale, from the intersection of Stewart Street, Beaverdale, to the intersection of Chestnut Street, Beaverdale (a two-block area)
No parking
Res. 243
11-6-2018
Cameron Avenue and Oak Street (SR869)
 
No parking from here to corner
Res.
12-04-2014
12-4-2014
Cedar Street
Lower left side of the 300 block; Beaverdale
10 minute parking between 8:00 a.m. until 5:00 p.m.
Res. 148
2-16-1999
Cedar Street
From Margaret Avenue to Howard Avenue; Beaverdale
No parking anytime
Res. 180
12-7-2004
Cedar Street
To Second Street intersection to Maple Street intersection
No parking from November 1 to April 1
Res. 184
11-6-2006
Cedar Street
New Fire Hall entrance located at corner of Mitchell Avenue and Cedar Street
No parking from here to corner
Res. 191
9-18-2007
Cedar Street
West side of Cedar Street, Beaverdale, from the intersection of Margaret Avenue, Beaverdale, to the intersection of Michael Avenue, Beaverdale
No parking
Res. 243
11-6-2018
Center Alley
Behind the 500 block of Cedar Street
No parking
Res. 158
9-5-2000
Greenhill Avenue
From one end of the white fence on Christine Perla’s property to the other end of the white fence on Christine Perla’s property
No parking
Res. 6-2014
6-3-2014
Jefferson Avenue
900 block; Beaverdale
No parking
Res. 179
12-7-2004
Jefferson Avenue
1000 block
No parking on both sides of street from November 15 through April 1
Res.
12-23-2014
12-23-2014
Jefferson Avenue
Between Chestnut Street and Stewart Street
No parking
Res. 195
12-18-2007
School Place and Spruce Street
Corner
No parking from here to corner
Res. 156
1-25-2000
Second Street
Stewart Street intersection
No parking here to corner
Res. 184
11-6-2006
Second Street
Intersection to Cameron Avenue to Beech Street
No parking from November 1 to April 1
Res. 184
11-6-2006
Sierra Street
South side; Wilmore Heights
No parking
Res. 128
12-3-1996
S.R. 2003
From Segment 0090 Offset 2231 (Beech Street) to the end of S.R. 2003 (Oak Street)
No parking effective from 12:00 a.m. until 6:00 a.m., November 1 through April 15
Res. 181
12-7-2004
Stewart Street
Eastside lane
Church business parking only; no parking on the sidewalk
Res. 4-2012
6-19-2012
Walker Avenue and Henry Street (T684)
 
No parking from here to corner
Res.
12-04-2014
12-4-2014
Wilmore Heights area
 
No parking from November 15 to March 31
Res. 184
11-6-2006
 
Penalty, see § 10.99

SCHEDULE II. HANDICAPPED PARKING.

BookmarkSCHEDULE II.  HANDICAPPED PARKING.
 
Street Name
Location of Restriction
Restriction
Ord./Res.
Date Passed
Cameron Avenue
Westbound lane
Handicap parking only; no parking on the sidewalk
Res. 4-2012
6-19-2012
 
Penalty, see § 10.99

TITLE IX: GENERAL REGULATIONS

TITLE IX:  GENERAL REGULATIONS
   Chapter
      90.   ANIMALS
      91.   NUISANCES
      92.   FIRE PREVENTION
      93.   FAIR HOUSING

CHAPTER 90: ANIMALS

BookmarkCHAPTER 90:  ANIMALS
Section
General Provisions
   90.01   Keeping livestock and other animals
   90.02   Dogs running at large
Confining Animals
   90.15   Definitions
   90.16   Prohibition
   90.17   Exceptions
   90.18   Fences and enclosures to be maintained
   90.19   Presumptions
   90.20   Capture and destruction of animals running at large
 
   90.99   Penalty

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 90.01 KEEPING LIVESTOCK AND OTHER ANIMALS.

Bookmark§ 90.01  KEEPING LIVESTOCK AND OTHER ANIMALS.
   (A)   No person, firm or corporation shall keep any horse or horses at any place within the township, except with special permission from the Board of Supervisors. Such permission shall be granted only on the following conditions: the place where such horse or horses is proposed to be kept shall be so located and the stable to be provided is such that no nuisance shall result therefrom. No stable shall be located within 50 feet of any dwelling house or within 30 feet of any street. Every stable shall be kept in a sanitary condition and free from unpleasant odors and conditions contributing to the breeding of flies. Manure and filth shall not be permitted to accumulate to the annoyance of any resident of the vicinity of persons traveling thereby. Any permission granted by the Board of Health under this division (A) may be revoked thereby at any time when any of the conditions of this division (A) are not complied with.
   (B)   No person, firm or corporation shall keep any chickens or other fowl at any place within the township except with special permission of the Board of Supervisors. Such permission shall be granted only upon the following conditions: such chickens or other fowl shall be kept in good condition, healthy, clean and free from disease. Pens or coops shall be provided for all chickens or other fowl, and no chickens or other fowl shall be kept in any cellar or part thereof or shall be permitted to run at large. No pen or coop shall be located within 25 feet of any dwelling or street. All pens and coops shall be kept clean and free from vermin and shall be dry, airy, well-lighted and not overcrowded. All refuse, food and excrement shall be removed as often as necessary to prevent odors from developing therefrom. Any permission granted by the Board of Supervisors under this division (B) may stipulate the maximum number of chickens or other fowl that may be kept upon any premises thereunder, and may be revoked at any time when any of the conditions hereof are not complied with.
   (C)   No person shall bury any horse, cattle, sheep or swine at any place within the limits of the township. Any person burying any other dead animal within the limits of the township shall be required to bury the same not less than three feet below the surface of the ground.
(Ord. 17, passed 9-2-1970)  Penalty, see § 90.99

§ 90.02 DOGS RUNNING AT LARGE.

Bookmark§ 90.02  DOGS RUNNING AT LARGE.
   It shall be unlawful for the owner, custodian or keeper of any dog to allow such dog to run at large at any time, either upon any of the roads, streets, alleys or public grounds in the township, or upon the property of other than the owner, keeper or custodian of such dog, unless accompanied by and under the immediate control of such owner, custodian or keeper.
(Ord. 5, passed 4-30-1958)  Penalty, see § 90.99

CONFINING ANIMALS

CONFINING ANIMALS

§ 90.15 DEFINITIONS.

Bookmark§ 90.15  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Any animal, mammal, fowl or reptile, domestic or agricultural, excepting only persons or domestic cats.
   DISCOVERY OF ESCAPE OF AN ANIMAL. The earlier of:
      (1)   The time the responsible person had actual knowledge of the escape of the animal;
      (2)   The time any responsible person, his or her legal representative or adult member of his or her household is notified of the escape of the animal, by telephone, mail or posting, upon the property on which the animal was last confined; or
      (3)   When a person taking reasonable care of animals should have known of its escape.
   PERSON RESPONSIBLE. The person or legal entity either:
      (1)   Owning the property upon which the animals were legally located and from confinement upon which the animals escaped; or
      (2)   The person having custody or legal evidence of ownership of the animals.
   TRADITIONAL FARMING. The raising of plant crops, raising animals for slaughter, milk, wool or other agricultural product; it shall not mean game farms or hunting preserves, or the raising of animals in connection therewith.
(Ord. 75, passed 2-5-2013)

§ 90.16 PROHIBITION.

Bookmark§ 90.16  PROHIBITION.
   It shall be a violation of this subchapter for any person responsible to commit or permit any of the following actions:
   (A)   Permit an animal to leave the property upon which it is confined;
   (B)   Permit an animal to enter onto a public roadway (other than crossing the road under supervision to change pasturage) or property upon which express permission has not been given in advance;
   (C)   Fails to take immediate steps to capture and re-confine any animal which has escaped from the property to which it was confined;
   (D)   Fails to re-confine an escaped animal within 48 hours of the discovery of its escape from confinement; or
   (E)   Fails to adequately maintain enclosure or fences for animals kept on the property.
(Ord. 75, passed 2-5-2013)  Penalty, see § 90.99

§ 90.17 EXCEPTIONS.

Bookmark§ 90.17  EXCEPTIONS.
   This chapter shall not apply to and no prosecution shall be made in the following situations:
   (A)   With regard to animals leaving fenced enclosures, no prosecution shall be made the first time that animals leave an enclosure within any three-month period provided the person responsible re-confines the animals within no more than 48 hours from notice or discovery of the escape; or
   (B)   With respect to an owner of property who leases land to another for traditional farming operations, no prosecution shall take place against the owner of property until he or she has been given 48 hours’ notice to recapture the animals.
(Ord. 75, passed 2-5-2013)

§ 90.18 FENCES AND ENCLOSURES TO BE MAINTAINED.

Bookmark§ 90.18  FENCES AND ENCLOSURES TO BE MAINTAINED.
   No animals shall be kept upon property within the township unless the same are reasonably secured by fences, enclosures or other means sufficient to prevent the animal’s escape.
(Ord. 75, passed 2-5-2013)  Penalty, see § 90.99

§ 90.19 PRESUMPTIONS.

Bookmark§ 90.19  PRESUMPTIONS.
   It shall be a rebuttable presumption that if any animals have escaped from a property more than once within a three-month period that the person responsible has not maintained fences upon the property in the manner required by this subchapter.
(Ord. 75, passed 2-5-2013)

§ 90.20 CAPTURE AND DESTRUCTION OF ANIMALS RUNNING AT LARGE.

Bookmark§ 90.20  CAPTURE AND DESTRUCTION OF ANIMALS RUNNING AT LARGE.
   If the responsible person fails to capture and confine an animal within 120 hours of discovery of its escape, the township may, acting through its employees or through delegated agents, capture and destroy and convert the animal to any salvage value, without further notice or compensation to any person claiming ownership of the animal. Such capture, destruction and conversion may be in addition to imposition of penalties provided for in § 90.99(D). Capture and destruction of the animal shall not negate a responsible person from being found guilty of violation of this subchapter.
(Ord. 75, passed 2-5-2013)  Penalty, see § 90.99

§ 90.99 PENALTY.

Bookmark§ 90.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person, firm or corporation who or which shall violate any of the provisions of § 90.01 shall, upon conviction thereof, be sentenced to pay a fine of not more than $25 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than ten days.
   (C)   Any owner, custodian or keeper of any dog who shall violate the provisions of § 90.02 may, upon conviction thereof, be sentenced to pay a fine of not more than $25 and costs of prosecution, and in default of payment of such fine and costs, to imprisonment for not more than five days.
   (D)   Violation of §§ 90.16 or 90.18 shall be punishable by a fine in an amount not to exceed $600 per occurrence or per animal and imposition of legal costs as required by law.
(Ord. 5, passed 4-30-1958; Ord. 17, passed 9-2-1970; Ord. 75, passed 2-5-2013)

CHAPTER 91: NUISANCES

BookmarkCHAPTER 91:  NUISANCES
Section
Motor Vehicles
   91.01   Definitions
   91.02   Motor vehicle nuisances prohibited
   91.03   Exceptions
   91.04   Enforcement
Hazardous Waste
   91.15   Definitions
   91.16   Disposal
   91.17   Transportation
   91.18   Special permit required
   91.19   Carrying hazardous waste
   91.20   Requirements for special permit
   91.21   Public nuisance
   91.22   Enforcement
   91.23   Disposal other than permitted by special permit
   91.24   Right of entry
   91.25   Rebuttable presumption
   91.26   Remedies
   91.27   Further regulations
   91.28   Additional laws and regulations
Tarpaulins
   91.40   Short title
   91.41   Tarpaulin required
   91.42   Exemptions
   91.43   Official traffic-control devices
Grass, Weeds and Other Vegetation
   91.55   Requirement
   91.56   Owner responsibility
   91.57   Notice
 
   91.99   Penalty

MOTOR VEHICLES

MOTOR VEHICLES

§ 91.01 DEFINITIONS.

Bookmark§ 91.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In this subchapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
   MOTOR VEHICLE. Any type of mechanical device, propelled by a motor, in which persons or property may be transported on or off public streets or highways, and including trailers or other items primarily designed to be pulled by a motor vehicle, and including parts thereof.
   NUISANCE. Any condition, structure or improvement which shall constitute a threat to the health, safety or welfare of the citizens of the township.
   OWNER. A natural person, firm, partnership, association, corporation or other legal entity.
(Ord. 35, passed 2-27-1988)

§ 91.02 MOTOR VEHICLE NUISANCES PROHIBITED.

Bookmark§ 91.02  MOTOR VEHICLE NUISANCES PROHIBITED.
   (A)   No more than one currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district and at no time shall said vehicle be in any state of major disassembly, disrepair or shall it be in the process of being stripped or dismantled outside of a building.
   (B)   No more than two currently unregistered and/or uninspected motor vehicles shall be permitted on any property in any business, commercial or industrial zone and at no time shall said vehicle be in any state of major disassembly, or disrepair or shall it be in the process of being stripped or dismantled.
   (C)   It shall be unlawful for any owner to maintain a motor vehicle nuisance upon the open private grounds of such owner or lessee within the township. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power or has any of the following physical defects:
      (1)   Broken windshield, mirrors or other glass, with sharp edges;
      (2)   Missing doors, windows, hood, trunk or other body parts which could permit animal harborage;
      (3)   Any body parts with sharp edges including holes resulting from rust;
      (4)   Missing tires resulting in unsafe suspension of the motor vehicles as on a jack or blocking;
      (5)   Broken headlamps or tail lamps with sharp edges;
      (6)   Protruding sharp objects from the chassis;
      (7)   Broken vehicle frame and/or motor suspended from the ground in an unstable manner;
      (8)   Leaking or damaged oil pan or gas tank which could cause fire or explosion;
      (9)   Exposed battery containing acid;
      (10)   Inoperable locking mechanism for doors or trunk;
      (11)   Open or damaged floor boards including trunk and firewall;
      (12)   Damaged bumpers pulled away from the perimeter of vehicle;
      (13)   Broken grill with protruding edges;
      (14)   Loose or damaged metal trim and clips;
      (15)   Open trunk and open engine hood; and
      (16)   Unlocked doors or open windows which can allow children to enter the vehicle and then lock themselves inside.
   (D)   It shall also be unlawful for any owner of a motor vehicle to place such vehicles upon any open private grounds not his or her own as to constitute a motor vehicle nuisance as described in this subchapter.
(Ord. 35, passed 2-27-1988)  Penalty, see § 91.99

§ 91.03 EXCEPTIONS.

Bookmark§ 91.03  EXCEPTIONS.
   This subchapter shall not apply with regard to any vehicle:
   (A)   In an enclosed building;
   (B)   A vehicle on the premises of a junkyard operating pursuant to a special exception granted by the township; or
   (C)   Equipment actually used for farming purposes on a working farm.
(Ord. 35, passed 2-27-1988)

§ 91.04 ENFORCEMENT.

Bookmark§ 91.04  ENFORCEMENT.
   (A)   The Township Police Department is hereby charged with the duty of enforcing the regulations of this subchapter. Furthermore, township police are hereby empowered to inspect grounds on which motor vehicles are parked to determine if there is compliance with the provisions of this subchapter. If noncompliance with the provisions of this subchapter constitutes a nuisance, he or she shall issue a written notice to be served by personal service or by registered or certified mail upon the owner or lessee of said premises, or if the owner’s whereabouts or identity be unknown, by posting the notice conspicuously upon the offending vehicle.
   (B)   All owners or lessees shall take corrective action within ten days of receiving of written notice or posting. Said notice shall specifically state the cause of the violation and the action necessary to correct the violation. Citations for violation of this subchapter may only be filed following the expiration of ten days from the mailing, posting or delivery of such notice.
(Ord. 35, passed 2-27-1988)

HAZARDOUS WASTE

HAZARDOUS WASTE

§ 91.15 DEFINITIONS.

Bookmark§ 91.15  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD OF SUPERVISORS or SUPERVISORS. The elected Supervisors of the township.
   DISPOSAL. The incineration, depositing, injection, dumping, spilling, leaking, storing or placing of hazardous waste into or on the land or water of the township.
   HAZARDOUS WASTE.
      (1)   Includes the following:
         (a)   Acetone, ammonia, benzine, calcium carbine, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (gasoline, fuel oil and the like), phosphorus, potassium, sodium, sulfur and sulfur products, pesticides, polychlorinated biphenyls, radioactive substances; and
         (b)   Any garbage, refuse, sludge and other discarded material including solid, liquid, semi-solid or contained gaseous material which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
            1.   Cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population; or
            2.   Pose a substantial present or potential hazard to human health, the environment or the economy, when transported or disposed of or otherwise managed; and
            3.   Any such material as may, from time to time, be identified as a HAZARDOUS WASTE by federal or state governments and their agencies.
      (2)   The term HAZARDOUS WASTE shall not include:
         (a)   Coal refuse as defined in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51 and 30.62);
         (b)   Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1 through 691.1001);
         (c)   Waste from normal farming operations, unless otherwise declared to be hazardous by federal, state or municipal authority;
         (d)   Storage of gasoline and fuel oil for sale by wholesale and retail distributors thereof at their places of business in compliance with applicable federal and state law and regulation; and
         (e)   Solid or dissolved material in domestic sewage generated in the township, and any mixture of domestic sewage and other wastes generated in the township that pass through a sewage system to publicly-owned treatment works for treatment; and household waste generated in the township; provided, such sewage and waste is disposed of in compliance with applicable law and regulation.
   NORMAL FARMING OPERATIONS. The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agricultural crops and commodities; provided, that such operations are conducted in compliance with applicable laws; and provided, that the use or disposal of these materials will not pollute the air, water or other natural resources of this township.
   PERSON. Includes any individual, firm, corporation, partnership, association or other organization or municipality.
   TOWNSHIP ROADS. Those roads over which the township exercises jurisdiction or the maintenance of which is the responsibility of the township.
(Ord. 28, passed 1-31-1983)

§ 91.16 DISPOSAL.

Bookmark§ 91.16  DISPOSAL.
   The disposal of hazardous waste within the township is hereby declared to be a public nuisance.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.17 TRANSPORTATION.

Bookmark§ 91.17  TRANSPORTATION.
   The transportation or carrying of hazardous waste over township roads is hereby declared to be a public nuisance.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.18 SPECIAL PERMIT REQUIRED.

Bookmark§ 91.18  SPECIAL PERMIT REQUIRED.
   It shall be unlawful for any person to dispose of or permit land under his or her control, to be used for disposal of hazardous waste within the limits of the township, unless such person holds a special permit issued pursuant to the provisions of this subchapter.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.19 CARRYING HAZARDOUS WASTE.

Bookmark§ 91.19  CARRYING HAZARDOUS WASTE.
   It shall be unlawful for any person to transport or carry hazardous waste by any means over the township roads.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.20 REQUIREMENTS FOR SPECIAL PERMIT.

Bookmark§ 91.20  REQUIREMENTS FOR SPECIAL PERMIT.
   A special permit may be obtained from the Township Supervisors for the burying of hazardous waste; provided, such person complies with the following requirements.
   (A)   Any person desiring such a special permit shall first submit an application in writing to the Township Supervisors which contains:
      (1)   The name and address of the applicant, including in the case of a business, corporation, partnership or organization, the names and addresses of the owners, directors and officers of such business organization;
      (2)   Financial statements of the applicant for the preceding five years, in form and detail acceptable to the Township Supervisors;
      (3)   A detailed statement of the identity, amount and source of the hazardous waste to be disposed of;
      (4)   Identification of the location of the intended disposal, including name and address of the owner of such location, and in the event the applicant is not the owner of such location, copies of all leases and other documents showing the authority of applicant to use such location;
      (5)   A detailed plan of the location, showing in detail the area to be used for disposal, and method of disposal, to be prepared by a registered professional engineer, in such form and detail as reasonably required by the Township Supervisors, and, in any event, showing a method of disposal which complies with the requirements of this subchapter;
      (6)   A detailed plan describing the method of transportation of the hazardous waste to the disposal site;
      (7)   A certification that the applicant has in force public liability insurance in such amounts and with such companies as may be approved by the Township Supervisors; and
      (8)   Such other information and such other terms and conditions as the Board of Supervisors deems necessary or proper to achieve the goals and purposes of this chapter.
   (B)   The applicant shall be accompanied by written permits, licenses or approvals in a form satisfactory to the Board of Supervisors from the Department of Environmental Protection, and any other governmental agency having jurisdiction, showing that the proposal is approved under the Clean Streams Law, being 35 P.S. §§ 691.1 et seq.; the Surface Mining Conservation and Reclamation Act, being 52 P.S. §§  1396.1 et seq.; the Air Pollution Control Act, being 35 P.S. §§ 4001 et seq.; and the Dam Safety and Encroachments Act, being 32 P.S. §§ 693.1 et seq., as applicable, and any other applicable state, federal or local statute or ordinance.
   (C)   No special permit shall be issued unless the applicant first provides to the Board of Supervisors a bond covering the proposed land affected by such proposed disposal, payable to the township and conditioned upon compliance by the applicant and operator with the requirements of this subchapter, and further conditioned upon the future deposit and containment of such hazardous waste in compliance with the requirements of this subchapter and conditioned specifically upon the storage and containment of such hazardous waste in accordance with divisions (E) and (F) below, so that there is absolutely no possibility that hazardous waste or matter derived from such hazardous waste will leak or escape from the container and area in which such hazardous waste is disposed, and that there is no possibility that such hazardous waste will at any time in the future adversely affect the public health, safety and welfare and economic and social well-being of the citizens of the township. Such bond shall be a surety bond, issued by a reputable company authorized to do business in the commonwealth, to be approved by the township, and such bond shall be in such amount as the Supervisors deem desirable to effect the purpose and intent of this subchapter. Liability under such bond shall be for a period of 75 years after deposit of the waste commences. If the applicant or operator abandons the disposal facility for which the special permit is required, or if the applicant or the disposal operations and method do not comply with the requirements of this subchapter, or upon violation or failure of any of the conditions of such bond, the Supervisors shall declare the bond forfeited and shall proceed to enforce and collect the amount of liability forfeited thereon. No special permit shall be issued for hazardous wastes within the 100-year floodplain as outlined on the Flood Hazard Boundary Map issued by the Federal Insurance Administration dated December 27, 1974.
   (D)   An applicant for special permit shall provide to the Township Supervisors such plans and information as may be required by the Supervisors to determine that the proposed disposal will be conducted in accordance with this subchapter and any regulations promulgated by the Township Supervisors pursuant to this subchapter.
   (E)   The method of proposed disposal of hazardous waste shall be detailed in the plans and information submitted by an applicant to the Township Supervisors, and shall ensure that:
      (1)   At a minimum, the hazardous waste shall be buried at a depth of no less than 50 feet and that such hazardous waste shall be placed in 55 gallon drums and completely encased and sealed in a layer of lead of no less than one inch in thickness, which drum and lead encasement shall then be completely encased in a reinforced concrete vault with walls, top, bottom and sides of a thickness of no less than five feet each, and that each such encased drum shall be buried in its own individual concrete vault; and
      (2)   In addition that such further protective containment, liners, devices and other measures shall be used in the proposed disposal so that there is absolutely no possibility that hazardous waste or any matter derived from or connected with such hazardous waste will leak or escape from the container and area in which such hazardous waste is deposited; that there is absolutely no possibility that such hazardous waste will at any time in the future adversely affect the public health, safety and welfare; and that there is absolutely no possibility that such hazardous waste will at any time in the future adversely affect the economic and social well-being of the citizens of the township; for all of which the burden of proof shall be on applicant.
   (F)   An applicant shall be required to dispose of hazardous waste and utilize such further protective containment, liners, devices and other measures in the proposed disposal as necessary so that there is absolutely no possibility that hazardous waste or any matter derived from such hazardous waste will ever leak or escape from the container in which such hazardous waste is deposited; so that there is absolutely no possibility that such hazardous waste will at any time in the future adversely affect the public health, safety and welfare; and so that there is absolutely no possibility that such hazardous waste will at any time in the future adversely affect the economic and social well-being of the citizens of the township.
   (G)   Upon approval of the application, the Board of Supervisors shall issue a special permit for the deposit of hazardous waste as set forth in the application and as further conditioned by the township.
   (H)   Failure to comply with the Act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law; the Act of May 31, 1945 (P.L. 1198, No. 418) known as the Surface Mining Conservation and Reclamation Act; the Act of January 8, 1960 (1959 P.L. 2119, No. 787) known as the Air Pollution Control Act; and the Act of November 26, 1978 (P.L. 1375, No. 325) known as the Dam Safety and Encroachments Act and any other applicable federal, state or local law, ordinance or regulation shall render the applicant and operator liable to the sanctions and penalties provided in this subchapter and to the sanctions and penalties provided in such statutes for violations thereof. Such failure to comply shall also be cause for revocation of any approval or permit issued by the township. Compliance with the provisions of this subchapter and the provisions of the statutes hereinabove referred to shall not relieve the operator of the responsibility for complying with the provisions of all other applicable statutes.
   (I)   In the event an applicant or applicant’s operators, contractors or agents fail to comply with any provision of this subchapter or any federal, state or local ordinance, statute or regulation, of any condition of any permit issued by the township; or if such applicant or applicant’s operators, contractors or agents has shown a lack of ability or intention to comply with this subchapter or any such federal, state or local statute, ordinance, regulation or any condition of any permit issued by the township, the Supervisors may deny, suspend, modify or revoke any permit issued hereunder. In the case of the corporate applicant, operator or contractor, the township may deny the issuance of a permit if it finds that a principal of the corporation was the principal of another corporation which has committed past violations of this subchapter or any such other applicable federal, state or local statute, ordinance or regulation.
   (J)   Independent contractors and agents who are to operate under any permit issued hereunder shall be subject to the provisions of this subchapter. Such independent contractors, agents and the applicant and permittee shall be jointly and severally liable, without regard to fault, for the disposal of such waste and for violations of this subchapter which occur during the contractors’ or agents’ involvement in the operations.
   (K)   Any permit granted by the township hereunder shall be revocable or subject to modification or suspension at any time the Township Supervisors determine that the hazardous waste disposal:
      (1)   Is, or has been, conducted in violation of this subchapter or rules or regulations adopted pursuant hereto;
      (2)   Is creating a public nuisance;
      (3)   Is creating a potential hazard to the public health, safety, economy or welfare;
      (4)   Adversely affects the environment;
      (5)   Is being conducted in violation of any terms or conditions of a permit; and
      (6)   Was conducted pursuant to a permit that was not granted in accordance with this subchapter or applicable law or regulation.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.21 PUBLIC NUISANCE.

Bookmark§ 91.21  PUBLIC NUISANCE.
   Any violation of any provision of this subchapter, any rule or regulation of the Township Supervisors, any applicable federal, state or local statute, ordinance or regulation, or any term or condition of any permit, shall constitute a public nuisance. Any person committing such a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by such violation.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.22 ENFORCEMENT.

Bookmark§ 91.22  ENFORCEMENT.
   The Township Supervisors are empowered to issue regulations to carry out the intent and purpose of this subchapter.
(Ord. 28, passed 1-31-1983)

§ 91.23 DISPOSAL OTHER THAN PERMITTED BY SPECIAL PERMIT.

Bookmark§ 91.23  DISPOSAL OTHER THAN PERMITTED BY SPECIAL PERMIT.
   In the event any person disposes of hazardous waste or permits disposal of hazardous waste on land under his or her control in a manner other than permitted by a special permit issued in accordance with the provisions of § 91.20, the Supervisors, at their option, may singly or severally proceed as follows:
   (A)   Commence a summary proceeding to collect the penalties as provided under § 91.99 for a violation of this subchapter;
   (B)   Order the termination of the unlawful disposal and removal or abatement of such unlawful disposal, by causing written notice to be sent to such person, to the owner and any occupant of premises on which unlawful disposal has taken place, or if the owner or occupant be unknown, by posting the notice conspicuously upon such premises and to the applicant and permittee, if a special permit has been issued, at the address given in the application. Such notice shall be deemed sufficient if sent by regular mail to the last known address of such person, owner, occupant, applicant or permittee. The notice shall require the person to whom it is addressed to remove any hazardous waste from the township, and take such other corrective action as may be specified in such notice;
   (C)   If any person fails to proceed to complete the corrective action within the time specified in such notice, the Supervisors may cause such unlawfully disposed of hazardous waste to be removed from the township and may cause such other corrective action to be taken as shall appear necessary to the Township Supervisors. The Supervisors shall, in such event, where necessary, have the right and power to enter into the offending premises to accomplish the foregoing;
   (D)   In the event the Township Supervisors shall have expended monies to remove such waste or take other corrective action as may be deemed necessary, the Township Supervisors may recover the cost of taking such action in addition to the costs of proceedings, including reasonable attorney fees, from the person disposing of the waste, the owner or occupant of the land on which disposal occurs and any permittee, jointly and severally, by forfeiting available bonds, by municipal claim proceedings as authorized by the laws of the commonwealth, or by such other remedy as may be provided by law, at the election of the Township Supervisors; and
   (E)   In addition, the Township Supervisors may, where deemed appropriate, institute proceedings in the courts of this commonwealth or elsewhere to compel the removal of such hazardous waste and to compel the taking of such corrective action as may be deemed necessary and to seek such other relief as the courts are empowered to afford.
(Ord. 28, passed 1-31-1983)

§ 91.24 RIGHT OF ENTRY.

Bookmark§ 91.24  RIGHT OF ENTRY.
   The Township Supervisors or their agents may enter any building, property, premises or place where hazardous waste is deposited or disposed of for the purposes of making such investigation or inspection and taking such samples as may be necessary to ascertain the compliance or noncompliance by any person with the provisions of this subchapter, any permit or rules or regulations promulgated hereunder.
(Ord. 28, passed 1-31-1983)

§ 91.25 REBUTTABLE PRESUMPTION.

Bookmark§ 91.25  REBUTTABLE PRESUMPTION.
   It shall be presumed as a rebutable presumption of law that a person who disposes of hazardous waste shall be liable without proof of fault, negligence or causation for all damages, contamination or pollution within 2,500 feet of the perimeter of the area where hazardous waste activities have been carried out.
(Ord. 28, passed 1-31-1983)  Penalty, see § 91.99

§ 91.26 REMEDIES.

Bookmark§ 91.26  REMEDIES.
   The remedies herein provided for the enforcement of the provisions of this subchapter, or of any remedy afforded by law, shall now be deemed mutually exclusive and may be employed simultaneously or consecutively at the discretion of the Township Supervisors.
(Ord. 28, passed 1-31-1983)

§ 91.27 FURTHER REGULATIONS.

Bookmark§ 91.27  FURTHER REGULATIONS.
   Further regulations may be issued from time to time as may be deemed necessary to effectuate the intent of this subchapter.
(Ord. 28, passed 1-31-1983)

§ 91.28 ADDITIONAL LAWS AND REGULATIONS.

Bookmark§ 91.28  ADDITIONAL LAWS AND REGULATIONS.
   This subchapter is in addition to any federal and state laws and regulations regarding the storage, depositing and accumulating of such refuse material; and, the most restrictive provisions shall apply, whether federal, state or by this subchapter.
(Ord. 28, passed 1-31-1983)

TARPAULINS

TARPAULINS

§ 91.40 SHORT TITLE.

Bookmark§ 91.40  SHORT TITLE.
   This subchapter shall be known as “The Township of Summerhill Tarpaulin Ordinance”.
(Ord. 27, passed 11-15-1982)

§ 91.41 TARPAULIN REQUIRED.

Bookmark§ 91.41  TARPAULIN REQUIRED.
   No vehicle carrying inanimate cargo in or upon its bed or cargo area shall be driven or operated in any manner on any street, road or highway within the township unless the bed or cargo area of such vehicle is covered or enclosed with a tarpaulin or other enclosure so as to prevent the escape of any soot, dust, smoke, ashes or other substances or material emanating from such inanimate contents, and/or so as to prevent the escape of said contents themselves.
(Ord. 27, passed 11-15-1982)  Penalty, see § 91.99

§ 91.42 EXEMPTIONS.

Bookmark§ 91.42  EXEMPTIONS.
   This subchapter shall not apply to vehicles operated by any federal, state or local government or agency thereof engaged in maintaining the public road system in the township.
(Ord. 27, passed 11-15-1982)

§ 91.43 OFFICIAL TRAFFIC-CONTROL DEVICES.

Bookmark§ 91.43  OFFICIAL TRAFFIC-CONTROL DEVICES.
   The township shall elect official traffic-control devices upon or at the entrances to the streets, roads or highways entering the township as may be most appropriate, pursuant to 75 Pa.C.S.A. § 6109(c).
(Ord. 27, passed 11-15-1982)

GRASS, WEEDS AND OTHER VEGETATION

GRASS, WEEDS AND OTHER VEGETATION

§ 91.55 REQUIREMENT.

Bookmark§ 91.55  REQUIREMENT.
   No person, firm or corporation, owning or occupying any property within the township shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of six inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the township in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the township.
(Ord. 26, passed 9-15-1980)  Penalty, see § 91.99

§ 91.56 OWNER RESPONSIBILITY.

Bookmark§ 91.56  OWNER RESPONSIBILITY.
   The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 91.55.
(Ord. 26, passed 9-15-1980)  Penalty, see § 91.99

§ 91.57 NOTICE.

Bookmark§ 91.57  NOTICE.
   The Board of Supervisors, or any officer or employee of the township designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 91.55, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this subchapter, within five days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice, within the period of time stated therein, the township authorities may remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the township from such person, firm or corporation, in the manner provided by law.
(Ord. 26, passed 9-15-1980)

§ 91.99 PENALTY.

Bookmark§ 91.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person who shall violate any of the provisions of §§ 91.01 through 91.04 shall for every such violation, upon conviction thereof, be sentenced to pay a fine of not less than $25 for the first offense, $50 for the second offense, $100 for the third offense, and not more than $300 for each offense thereafter.  Offender will also pay the costs of prosecution, and, in default of the payment of such fine and costs, to undergo imprisonment of not more than 30 days. Upon conviction, the person(s) must abate the stated violation within seven days. If such abatement is completed, the fine will be reduced by 50%. If the violation is not abated within the seven-day period to the satisfaction of the enforcing officer or the Chief of Police, the person(s) shall be required to pay the full amount of said fine. Each day’s continued violation after seven days from the original abatement order shall constitute a separate offense.
   (C)   Any person who shall violate or fail to comply with any of the provisions of §§ 91.15 through 91.28, rules or regulations adopted hereto or any term or condition of any permit shall, upon conviction in a summary proceedings, be subject to a fine or penalty of $25 for the first offense, $50 for the second offense, $100 for the third offense, and not more than $1,000 for each offense thereafter, plus costs of prosecution and in default of payment thereof, to imprisonment of not more than 30 days. Each day during which any violation of §§ 91.15 through 91.28 continues shall constitute a separate offense.
   (D)   Any person, firm, corporation or organization violating any of the provisions of §§ 91.40 through 91.43 shall, upon summary conviction before a District Magistrate having jurisdiction, be sentenced to pay a fine of not more than $300 and costs of prosecution, and in default of the payment thereof, shall be sentenced to undergo imprisonment in the County Jail for a period not to exceed 30 days.
   (E)   Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any of the provisions of §§ 91.55 through 91.57 shall, upon conviction thereof, be sentenced to pay a fine of $25 for the first offense, $50 for the second offense, $100 for the third offense, and not more than $300 for each offense thereafter, not more than $25 and costs of prosecution; provided, each day’s violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute an offense.
(Ord. 26, passed 9-15-1980; Ord. 27, passed 11-15-1982; Ord. 28, passed 1-31-1983; Ord. 35, passed 2-27-1988)

CHAPTER 92: FIRE PREVENTION

BookmarkCHAPTER 92:  FIRE PREVENTION
Section
Fire Insurance Escrow
   92.01   Use of fire insurance proceeds
   92.02   Limits of liability
   92.03   Insurance company rights reserved
   92.04   Construction
   92.05   Notification of State Department of Community and Economic Development
Outdoor Burning
   92.20   Public policy
   92.21   Definitions
   92.22   General limitation on burning
   92.23   Liability
Outdoor Furnaces
   92.35   Purpose
   92.36   Definition
   92.37   Regulations
   92.38   Enforcement
   92.39   Grandfather clause
 
   92.99   Penalty

FIRE INSURANCE ESCROW

FIRE INSURANCE ESCROW

§ 92.01 USE OF FIRE INSURANCE PROCEEDS.

Bookmark§ 92.01  USE OF FIRE INSURANCE PROCEEDS.
   (A)   No insurance company, association of exchange (hereinafter “insurer”) doing business in the commonwealth shall pay a claim of a named insured for fire damage to a structure located within the township where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the Treasurer of the township with a certificate pursuant to 40 P.S. § 638(b) and unless there is compliance with the procedures set forth in 40 P.S. §§ 638(c) and 638(d).
   (B)   (1)   Where there are delinquent taxes, assessments, penalties or user charges against the property (“municipal claims”), or there are expenses which the township has incurred as costs for removal, repair or securing of a building or other structure on the property (collectively “municipal expenses”), the Secretary of the township shall immediately render a bill for such work, if not already done. Upon written request of the named insured specifying the description of the property, the name and address of the insurer and the date of receipt by the insurer of a loss report of the claim, the Treasurer of the township shall furnish a certificate within 14 days after the request to the insurer either:
         (a)   Stating that there are no unpaid municipal claims or municipal expenses against the property; or
         (b)   Specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts.
      (2)   Taxes, assessments, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law. Upon receipt of a certificate and bill pursuant to division (A) above, the insurer shall transfer to the Secretary of the township an amount from the insurance proceeds sufficient to pay said sums prior to making payment to the named insured, subject to the provisions of division (C) below.
   (C)   When all municipal claims and municipal expenses have been paid pursuant to division (B) above or when the Township Treasurer has issued a certificate described in division (B)(1)(a) above indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed.
      (1)   The insurer shall transfer from the insurance proceeds to the Township Treasurer, in the aggregate, $2,000 for each $15,000 of such claim or fraction thereof.
      (2)   If at the time a loss report is submitted by the insured, such insured has submitted to the insurer, with a copy to the township, a contractor’s signed estimate of the cost of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing transfer formula, the insurer shall transfer to the Secretary of the township from the insurance proceeds the amount specified in the estimate. If there is more than one insurer, the transfer of proceeds shall be on a prorata basis by all insurers insuring the building or other structure.
      (3)   Upon receipt of the above described portion of the insurance proceeds, the Secretary of the township shall do the following:
         (a)   Place the proceeds in a separate fund to be used solely as security against the total municipal expenses anticipated by the township to be required in removing, repairing or securing the building or structure as required by this subchapter. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the township in connection with such removal, repair or securing or any proceedings related thereto;
         (b)   Mail to the named insured at the address received from the insurer a notice that the proceeds have been received by the township and that the procedures under this division (C)(3) shall be followed;
         (c)   After the transfer, the named insured may submit to the township a contractor’s signed estimate of the cost of removing, repairing or securing the building or other structure in which event the Township Secretary shall, if such estimates deemed by the Township Secretary to be reasonable return to the insured the amount of the funds transferred to the township in excess of that amount required to pay the municipal expenses; provided, however, that the township has not commenced to remove, repair or secure the building or other structure in which case the township will complete the work;
         (d)   Pay to the Secretary of the township for reimbursement to the Township General Fund the amount of the municipal expenses paid by the township;
         (e)   Pay the remaining balance in the fund without interest to the named insured upon receipt of a certificate issued by the Township Secretary that the repair, removal or securing of the building or other structure has been completed in accordance with all applicable codes and regulations of the township; and
         (f)   Nothing in this section shall be construed to limit the ability of the township to recover any deficiency in the amount of municipal claims or municipal expenses recovered pursuant to this subchapter or to insurance proceeds, by an action at law or in equity to enforce the Township Codes or to enter into an agreement with the named insured with regard to such other disposition of the proceeds as the township may deem responsible.
(Ord. 63, passed - -2006)

§ 92.02 LIMITS OF LIABILITY.

Bookmark§ 92.02  LIMITS OF LIABILITY.
   Nothing in this subchapter shall be construed to make an insurance company, association or exchange liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to this subchapter or to make the township or any public official of the township an insured under a policy of insurance or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided in this subchapter.
(Ord. 63, passed - -2006)

§ 92.03 INSURANCE COMPANY RIGHTS RESERVED.

Bookmark§ 92.03  INSURANCE COMPANY RIGHTS RESERVED.
   An insurance company, associated or exchange making payment of policy proceeds under this subchapter for delinquent taxes or structural removal liens or removal expenses incurred by the township shall have full benefit of such payment including all rights of subrogation and of assignment.
(Ord. 63, passed - -2006)

§ 92.04 CONSTRUCTION.

Bookmark§ 92.04  CONSTRUCTION.
   This subchapter shall be liberally construed to accomplish its purpose to deter the commission of arson and related crimes, to discourage the abandonment of property and to prevent urban blight and deterioration.
(Ord. 63, passed - -2006)

§ 92.05 NOTIFICATION OF STATE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.

Bookmark§ 92.05  NOTIFICATION OF STATE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.
   The Secretary of the township shall transmit a certified copy of this subchapter promptly to the Pennsylvania Department of Community and Economic Development.
(Ord. 63, passed - -2006)

OUTDOOR BURNING

OUTDOOR BURNING

§ 92.20 PUBLIC POLICY.

Bookmark§ 92.20  PUBLIC POLICY.
   It is against public policy to permit controlled and unrestricted outdoor burning. The purpose of this subchapter is to prevent needless public damage to life and property caused by outdoor fires deliberately or carelessly set and maintained.
(Ord. 51, passed 6-1-1999)  Penalty, see § 92.99

§ 92.21 DEFINITIONS.

Bookmark§ 92.21  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONTAINED FIRE. Any fire contained in an incinerator, fireplace or cooking grill or other contained enclosure designed for outdoor cooking or a fireproof container.
   ENFORCEMENT OFFICER. The Township Police Department.
   FIRE. Any fire set or maintained outside a building.
   PERSON. Any individual, partnership, organization, association, agency, firm, estate or corporation and any other legal or community entity.
   RESPONSIBLE ADULT. Any individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
   UNCONTAINED FIRE. Any fire not in the definition of contained fire above.
(Ord. 51, passed 6-1-1999)

§ 92.22 GENERAL LIMITATION ON BURNING.

Bookmark§ 92.22  GENERAL LIMITATION ON BURNING.
   (A)   Compliance with subchapter.
      (1)   It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, of whatever nature, without complying with this subchapter.
      (2)=   Nothing herein shall be construed to prevent firefighting training by township designated firefighting organizations.
   (B)   Public roads and public properties. No person shall set, start, feed or permit to burn or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in the township except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain such fire.
   (C)   Safe distances.
      (1)   It shall be unlawful to allow any fire, including cooking, within an unsafe distance from any building or property line.
      (2)   No fire shall be set, started, fed, permitted to burn or maintained where such fire may endanger any building or property, except where such building or property is used by the Fire Department for training purposes.
      (3)   Out-of-doors fires shall be permitted only upon private property and shall take place at least 20 feet from any building, property line or road line.
      (4)   Nothing herein shall be deemed to prohibit outdoor cooking activities, providing that reasonable safeguards are maintained.
      (5)   Cooking grills may be less than 20 feet from a building, providing that reasonable safeguards are maintained.
   (D)   Control of burning and unattended fires.
      (1)   No fire shall be allowed to burn unattended without a responsible adult being present at all times and without readily-available fire-extinguishing apparatus.
      (2)   No fire shall be permitted to burn whenever drought or extreme weather conditions exist or when a ban on burning has been placed into effect by the commonwealth or other competent governmental body. The Board of Supervisors may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
      (3)   No fire shall be set that results in uncontrolled burning of vegetation (field fire).
      (4)   Out-of-door fires shall be confined in a non-combustible container or in other suitable non-combustible container, except for fires of leaves, brush and/or natural, untreated wood which need not be confined to or covered by a non-combustible container.
   (E)   Extinguishing unsafe fires. It is a violation of this subchapter for any person to allow any fire to burn under adverse weather conditions or unsupervised, or otherwise in an unsafe manner. Any such fire may be extinguished by an official of the township-designed fire company or extinguished immediately upon request of such official.
   (F)   Hours.
      (1)   No person shall burn, or cause to be burned, any paper, boxes, rubbish, leaves or any other kind of substance, nor shall any person or persons set or maintain any uncontained fire, or burn or cause to be burned an uncontained fire of any substance or material of any kind, out-of-doors, anywhere in the township between sunset and sunrise.
      (2)   Contained fires shall not be permitted to burn or smolder between sunset and sunrise.
      (3)   Recreational fires using natural, untreated wood and containing a fuel source of no more than eight cubic feet are permitted at any time so long as they comply with all other provisions of this subchapter.
   (G)   Unlawful substances.
      (1)   Burning of construction debris, plastics, byproducts of manufacturing and processing operations and wastes from commercial operations is strictly prohibited.
      (2)   Nothing herein shall be construed to permit or encourage the burning of any substance determined by the commonwealth or the United States Environmental Protection Agency to be a hazardous substance; nor shall any fire be permitted to burn by any person if such burning is in violation of the Air Pollution Control Act, being 35 P.S. §§ 4001 et seq., or other legislation of the commonwealth or the United States of America or other competent body.
      (3)   No garbage or offal matter may be burned at any time either indoors or out-of-doors.
      (4)   Fires shall be used only to burn readily combustible materials.
(Ord. 51, passed 6-1-1999)  Penalty, see § 92.99

§ 92.23 LIABILITY.

Bookmark§ 92.23  LIABILITY.
   The township and its agents, officials and representatives, shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this subchapter, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this subchapter. The individual person or party responsible for any such fire shall bear sole liability for any damages caused as a result thereof.
(Ord. 51, passed 6-1-1999)

OUTDOOR FURNACES

OUTDOOR FURNACES

§ 92.35 PURPOSE.

Bookmark§ 92.35  PURPOSE.
   It is the purpose of this subchapter to establish and impose restrictions upon the construction and operation of outdoor furnaces within the limits of the township for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the township and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odor, air pollution, particles and other products of combustion that can be detrimental to citizens’ health, and can deprive neighboring residents of the enjoyment of their property or premises.
(Ord. 60, passed 3-21-2006)

§ 92.36 DEFINITION.

Bookmark§ 92.36  DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   OUTDOOR FURNACE. Any equipment, device, apparatus or structure or any part thereof which is installed, affixed or situated outdoors for the purpose of combustion of any type of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space or water source.
(Ord. 60, passed 3-21-2006)

§ 92.37 REGULATIONS.

Bookmark§ 92.37  REGULATIONS.
   (A)   Outdoor furnaces shall not be placed less than 40 feet from the nearest point of intersection of any other adjacent property owner’s structure and shall have a chimney stack of at least 20 feet and/or at least two feet above the roof line of the highest structure within 200 feet, when installed. Said chimney stack shall also have a spark arrestor installed on top.
   (B)   Outdoor furnaces shall not be placed less than 20 feet from the nearest point of intersection of the property line of another property owner.
   (C)   An area of 20 feet around the outdoor furnace structure shall be free of vegetation, except grass not exceeding four inches in height.
   (D)   No other fuel other than coal, natural wood without additive, wood pellets without additive and agricultural seeds in their natural state may be burned. Processed wood products and other non-wood products recyclable materials, plastics, rubber, paper products, garbage and painted or treated wood are prohibited.
   (E)   Furnaces are prohibited to burn between May 1 and September 30.
   (F)   Outdoor furnaces which are designed to heat structures 10% greater than the size of the structure(s) to be heated are not permitted.
   (G)   Outdoor furnaces and associated installation shall be subject to inspection by the Building Code enforcement officer at any reasonable time to assure compliance with the terms hereof.
   (H)   Outdoor furnace installation is subject to the permit provisions of the Building Code ordinances including furnishing the following information:
      (1)   A drawing providing and identifying all of the information necessary to assure compliance herewith, including property lines, location of neighboring properties and structures, height of nearby buildings, and the like;
      (2)   Manufacturer’s specifications for the outdoor furnace; and
      (3)   Compliance with all applicable state and federal statutes including the Environmental Protection Agency (EPA) and the Underwriter’s Laboratory (UL) listing.
   (I)   Nothing contained in this subchapter shall authorize any installation that is a public or private nuisance, regardless of compliance herewith.
   (J)   This subchapter shall not be a defense to any civil claims.
(Ord. 60, passed 3-21-2006)  Penalty, see § 92.99

§ 92.38 ENFORCEMENT.

Bookmark§ 92.38  ENFORCEMENT.
   If non-compliance with the provisions of this subchapter constitutes a nuisance, or if any condition poses a threat to the health, safety, or welfare of the public, the Police Department shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner’s whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises. Said notice shall specify the condition complained of, and shall require the owner to commence to remove or otherwise rectify the condition as set forth therein within ten days of mailing or porting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
(Ord. 60, passed 3-21-2006)

§ 92.39 GRANDFATHER CLAUSE.

Bookmark§ 92.39  GRANDFATHER CLAUSE.
   This subchapter shall not be construed to be retroactive and shall not require the removal of any outdoor furnace in existence within the township at the effective date of this subchapter. All outdoor furnaces in existence at the effective date of this subchapter shall have or must erect a flu or chimney in accordance with the height requirements contained herein. If an outdoor furnace is more than 50% torn down, damaged, deteriorated, or otherwise reduced to 50% of its original design, any rebuilding or restoration of said outdoor furnace shall be a violation of this subchapter.
(Ord. 60, passed 3-21-2006)

§ 92.99 PENALTY.

Bookmark§ 92.99  PENALTY.
   (A)   Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Fire insurance escrow. Any owner of property, any named insured or insurer who violates the provisions of §§ 92.01 through 92.05 or who shall fail to comply with any of the requirements hereof shall be sentenced upon conviction thereof to pay a fine not greater than $1,000 plus costs and in default of payment of said fine and costs to a term of imprisonment not to exceed 30 days. Each day in which an offense shall continue shall be deemed a separate offense.
   (C)   (1)   Sanctions. Any person, whether as a principal or agent, who violates §§ 92.20 through 92.23 or assists or abets its violation, shall upon conviction thereof before any Magistrate, be sentenced to pay a fine of not less than $50, nor more than $500, together with the costs of prosecution, and in default of the payment of said fine and costs, shall be committed to the County Prison for a period not exceeding 30 days. Each violation shall constitute a separate offense, for which a summary conviction may be sought.
      (2)   Equitable and other remedies. No penalty herein shall prevent the township from enforcing §§ 92.20 through 92.23 by equitable, injunctive and other remedies.
   (D)   Any person who shall violate any provision of §§ 92.35 through 92.39 shall, upon conviction thereof, be sentenced to pay a fine not more than $600, and in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of §§ 92.35 through 92.39 continues shall constitute a separate offense.
(Ord. 51, passed 6-1-1999; Ord. 60, passed 3-21-2006; Ord. 63, passed - -2006)

CHAPTER 93: FAIR HOUSING

BookmarkCHAPTER 93:  FAIR HOUSING
Section
   93.01   Policy

§ 93.01 POLICY.

Bookmark§ 93.01  POLICY.
   (A)   Discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing, or in the provisions of brokerage services because of race, color, religion, ancestry, sex, national origin, familial status (families with children), handicap or disability is prohibited by Title VIII of the Civil Rights Act of 1968 (Federal Fair Housing Law), being 42 U.S.C. §§ 3601 et seq., and the Pennsylvania Human Relations Act, being 43 P.S. §§ 951 et seq. It is the policy of the township to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, ancestry, sex, national origin, familial status (families with children), handicap or disability.
   (B)   Within available resources, the township will assist all persons who feel they have been discriminated against because of race, color, ancestry, sex, national origin, familial status (families with children), handicap or disability to seek equity under federal and state laws by filing a complaint with the Pennsylvania Human Relations Commission and the U.S. Department of Housing and Urban Development. The available resources to assist the township include the Fair Housing Officer of the county and the redevelopment authority of the county.
   (C)   The township shall publicize the policy and through this publicity shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law, the Pennsylvania Human Relations Act and any local laws or ordinances.
(Res. 123, passed 3-19-1996)

TITLE XI: BUSINESS REGULATIONS

TITLE XI:  BUSINESS REGULATIONS
   Chapter
      110.   CONTRACTORS
      111.   SOLICITORS
      112.   JUNK DEALERS

CHAPTER 110: CONTRACTORS

BookmarkCHAPTER 110:  CONTRACTORS
Section
   110.01   Short title
   110.02   Intent and purpose
   110.03   Definitions
   110.04   Registration
   110.05   Fee
   110.06   Information to be supplied
   110.07   Decal
   110.08   Regulation
   110.09   Revocation
   110.10   Appeal
   110.11   Application
   110.12   Contractor’s duties
   110.13   General rules
 
   110.99   Penalty

§ 110.01 SHORT TITLE.

Bookmark§ 110.01  SHORT TITLE.
   This chapter shall be known as the “Summerhill Township Contractor’s Registration Ordinance”.
(Ord. 56, passed 10-15-2002)

§ 110.02 INTENT AND PURPOSE.

Bookmark§ 110.02  INTENT AND PURPOSE.
   In order to promote the public safety and the general welfare of the citizens of the township by ensuring that all contractors doing business in the township are aware of the rules and regulations governing the construction, alterations and/or repair of buildings and structures in the township, including site preparation, excavation and paving, it is the intent of this chapter to require the yearly licensing of contractors.
(Ord. 56, passed 10-15-2002)

§ 110.03 DEFINITIONS.

Bookmark§ 110.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING. A structure having a roof supported by columns or walls for the shelter of persons, animals, chattels or property.
   BUILDING PERMIT. An official document or certificate issued by the township, as the document or certificate may be amended, authorizing the construction of a specific building or structure or the performance of a specific activity.
   CONTRACTOR. Any person, partnership, corporation or any other entity engaged in the business of constructing, altering or repairing any building or structure or engaged in the transport and set up of a prefabricated structure delivered to a site in the township or engaged in site preparation, excavation or paving for a fee.
   DOING BUSINESS. Engaging in the construction, alteration or repair of any building or structure in the township for which a building permit is required under the ordinances of the township or engaging in site preparation, excavation or paving in the township.
   LAND USE PERMIT.  An official document or certificate issued by the township, authorizing either the issuance of a building permit or the construction or performance of a specific activity for which a building permit is not required according to the Building Code guidelines.
   PREFABRICATED. Construction materials or assembled units fabricated prior to erection or installation in a building or structure.
   REGISTRATION FORM. The form prepared by the Township Board of Supervisors for obtaining information about the contractor.
   REPEATED VIOLATIONS. More than one infraction of the ordinances of the township which has not been corrected after due notice has been given by the Township Police Department.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
   SUBCONTRACTOR. A contractor. The term shall not include an employee of a contractor or subcontractor.
(Ord. 56, passed 10-15-2002)

§ 110.04 REGISTRATION.

Bookmark§ 110.04  REGISTRATION.
   From an after the effective date of this chapter, it shall be unlawful for a contractor or subcontractor doing business in the township to construct, alter or repair any building or structure, perform site preparation, excavation or paving, unless the contractor or subcontractor has registered with the township and has paid the required registration or renewal fee.
(Ord. 56, passed 10-15-2002)  Penalty, see § 110.99

§ 110.05 FEE.

Bookmark§ 110.05  FEE.
   The fee for the registration shall be $50 and all registrations shall be for the calendar year, or such portion thereof as shall remain after registration. There shall be no reduction in the fee for registration after the beginning of any calendar year. The registration shall expire on the December 31 of each year. Said fee may be changed by the Board of Supervisors by resolution.
(Ord. 56, passed 10-15-2002)

§ 110.06 INFORMATION TO BE SUPPLIED.

Bookmark§ 110.06  INFORMATION TO BE SUPPLIED.
   The contractor or subcontractor shall supply such information as shall be required to complete the registration form in § 110.11, as it may be amended from time to time by the Township Board of Supervisors.
(Ord. 56, passed 10-15-2002)

§ 110.07 DECAL.

Bookmark§ 110.07  DECAL.
   At the time of registration and payment of the registration/renewal fee, the contractor or subcontractor shall be issued two decals, which decals shall be prominently displayed on all vehicles used by the contractor or subcontractor during the registration year in the township. All decals in excess of two shall cost the contractor $1 per decal.
(Ord. 56, passed 10-15-2002)

§ 110.08 REGULATION.

Bookmark§ 110.08  REGULATION.
   It shall be the duty of all contractors and subcontractors to comply with all ordinances and codes relating to the construction, alteration and repair of all buildings and structures located with the township, and all site preparation, excavation and paving in the township, and all laws or ordinances pertaining to or regulating the activities engaged in.
(Ord. 56, passed 10-15-2002)  Penalty, see § 110.99

§ 110.09 REVOCATION.

Bookmark§ 110.09  REVOCATION.
   Any contractor or subcontractor’s registration may be revoked by the Township Police Department for repeated violations of any ordinances related to the construction, alterations or repair of any building or structure with the township, or to site preparation, excavation or paving, or any laws or ordinances pertaining to or regulating the activities engaged in. Such revocation may be in addition to any fine imposed for violating this chapter.
(Ord. 56, passed 10-15-2002)

§ 110.10 APPEAL.

Bookmark§ 110.10  APPEAL.
   Any contractor or subcontractor whose registration has been revoked by the Township Police Department shall have the right of appeal to the Township Supervisors pursuant to the procedure outlined in township regulations within 30 days after notice of the revocation.
(Ord. 56, passed 10-15-2002)

§ 110.11 APPLICATION.

Bookmark§ 110.11  APPLICATION.
 
License No. ________
APPLICATION FOR CONTRACTOR LICENSE
SUMMERHILL TOWNSHIP
P.O. BOX 88
114 IRVAN STREET
BEAVERDALE, PA 15921
1.   NAME: _______________________________________________________
   ADDRESS: ___________________________________________________
   _______________________________________________________________
   CITY               STATE            ZIP CODE
TELEPHONE # (_____)________________   FAX:___________________________
2.   LICENSE CLASSIFICATION: ( ) GENERAL   ( ) PLUMBING   ( ) ELECTRICAL
   ( ) EXCAVATION   ( ) MASONRY   ( ) MECHANICAL   ( ) OTHER (SPECIFY)
__________________________________________________________________
3.   PLEASE NOTE: IF A PARTNERSHIP, NAME ALL MEMBERS OF THE PARTNERSHIP, IF A CORPORATION, NAMES THE PRESIDENT, VICE PRESIDENT SECRETARY AND TREASURER.
   NAME            TITLE            RESIDENCE ADDRESS
   __________________   _________________   ______________________
   __________________   _________________   ______________________
   __________________   _________________   ______________________
   __________________   _________________   ______________________
4.   NUMBER OF EMPLOYEES: FULL TIME _________   PART TIME ____________
5.   TAX ID. NUMBER:  _________________________________________________
6.   LIABILITY INSURANCE COMPANY NAME: _______________________________
7.   LIABILITY INSURANCE POLICY NO: ____________________________________
8.   WORKER’S COMPENSATION INSURER NAME: __________________________
9.   WORKER’S COMPENSATION POLICY NO.: ______________________________
PLEASE NOTE: If you do not have employees, and, therefore, are not required to carry worker’s compensation insurance, a notarized affidavit stating that you have no employees must accompany each building permit application.
This application must be accompanied by a registration fee of $50. Checks shall be made payable to Summerhill Township.
Applicant Signature: _______________________________________________________________________
Title: _______________________________   Date:____________________________
DO NOT WRITE BELOW THIS SPACE
AMOUNT PAID __________   PAID CHECK# ________   PAID CASH ___________
NO. OF DECALS ISSUED: ________________________________________________
LICENSE (APPROVED (DISAPPROVED) ________________________, 20____.
TOWNSHIP SIGNATURE __________________________________________________
               SUMMERHILL TOWNSHIP SECRETARY
 
 
(Ord. 56, passed 10-15-2002)

§ 110.12 CONTRACTOR’S DUTIES.

Bookmark§ 110.12  CONTRACTOR’S DUTIES.
   The imposition of the penalties herein prescribed shall not preclude the Township Board of Supervisors from instituting appropriate action to restrain the unlawful construction, alteration or repair of a building or structure or site preparation, excavation or paving in the township.
(Ord. 68, passed 8-18-2009)

§ 110.13 GENERAL RULES.

Bookmark§ 110.13  GENERAL RULES.
   (A)   All contractors performing work within the geographic boundaries of the municipality are hereby required to either obtain, on behalf of the property owner, or ascertain that a building permit has already been obtained, prior to commencing any work for which a permit is required under the code.
   (B)   All contractors performing work within the geographic boundaries of the municipality for which a building permit is required under the code shall schedule inspections with the municipality’s designated building permit officer for the inspection of all work, while that work is accessible for inspection.
   (C)   All contractors responsible for performing work within the geographic boundaries of the municipality for which a building permit is required under the code shall apply for, or otherwise obtain, a certificate of occupancy for work by the duly designated Building Permit Officer.
   (D)   Compliance with the provisions of divisions (A) through (C) above shall be enforceable, by the County Building Code Enforcement Agency or other party authorized by the municipality, through a citation for violation filed with the local District Magistrate, in the same manner as a summary offense under the Pennsylvania Rules of Criminal Procedure.
(Ord. 68, passed 8-18-2009)  Penalty, see § 110.99

§ 110.99 PENALTY.

Bookmark§ 110.99  PENALTY.
   (A)   Any contractor or subcontractor who shall fail to comply with the registration provisions of this chapter or who violates any other of the requirements thereof, shall, upon conviction thereof, be sentenced to pay a fine of not more than $500, and/or to imprisonment for a term not to exceed 90 days.
   (B)   Each day that a contractor is in violation shall constitute a separate offense and be subject to a separate and additional civil penalty.
(Ord. 56, passed 10-15-2002)

CHAPTER 111: SOLICITORS

BookmarkCHAPTER 111:  SOLICITORS
Section
   111.01   Solicitor’s permits
   111.02   Information

§ 111.01 SOLICITOR’S PERMITS.

Bookmark§ 111.01  SOLICITOR’S PERMITS.
   The Board of Supervisors of the township will require all persons who wish to solicit business on a door to door basis within this township to apply for a permit, which will be issued from the Municipal Office, after it has been determined that the business being represented is legitimate. The Township Secretary is hereby authorized to investigate these requests and implement the required permits.
(Res. 106, passed 6-16-1992)  Penalty, see § 10.99

§ 111.02 INFORMATION.

Bookmark§ 111.02  INFORMATION.
   The following information must be presented to the Board of Supervisors for approval of a permit:
 
____________________________________________________________________
Name (print and sign) also show company name
____________________________________________________________________
Street Name or Box No.
____________________________________________________________________
City, State, Zip Code
The above company has been investigated by the township and has been:
Approved: _____________________________________________________________________
Disapproved: _____________________________________________________________________
                  _________________________________
                  Authorized Signature
SEAL
 
(Res. passed - -)

CHAPTER 112: JUNK DEALERS

BookmarkCHAPTER 112:  JUNK DEALERS
Section
   112.01   Short title
   112.02   Definitions
   112.03   License
   112.04   Application for license
   112.05   Issuance of license
   112.06   License fee
   112.07   License limitation
   112.08   Transfer of license
   112.09   Transfer fee
   112.10   Records
   112.11   Delay in disposal
   112.12   Regulations
   112.13   Abatement of nuisances
 
   112.99   Penalty

§ 112.01 SHORT TITLE.

Bookmark§ 112.01  SHORT TITLE.
   This chapter shall be known and may be cited as “Summerhill Township Junkyard and Refuse Ordinance”.
(Ord. 14, passed 12-16-1989)

§ 112.02 DEFINITIONS.

Bookmark§ 112.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD. The Board of Supervisors of Summerhill Township.
   JUNK. Any discarded material or article and shall include, but not be limited to, scrap metal, two or more scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers and structures. It shall not include, however, refuse or garbage kept in a proper container, for the purpose of prompt disposal.
   JUNK DEALER. Any person who shall engage in the business of selling, buying, salvaging and dealing in junk and who maintains and operates a junkyard within the township.
   JUNKYARD. Any place where any junk as herein defined, is stored, disposed of or accumulated.
   LICENSE. The permit granted to a person who accumulates, stores or disposes of junk as herein defined.
   PERSON. Includes any partnership, joint or co-tenancy, association, firm or corporation.
   TOWNSHIP. Summerhill Township, Cambria County, Pennsylvania.
(Ord. 14, passed 12-16-1989)

§ 112.03 LICENSE.

Bookmark§ 112.03  LICENSE.
   No person shall engage in business as a junk dealer, or maintain a junkyard without first having a license from the Board for which license a fee in accordance with the schedule hereinafter set forth shall be paid to the township, for the use of the township. The license shall be issued for the 12-month period beginning January 1, and ending December 31, and each license must be renewed annually on or before January 1 of each year.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.04 APPLICATION FOR LICENSE.

Bookmark§ 112.04  APPLICATION FOR LICENSE.
   The license provided for in this chapter shall be issued by the Board after written application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises on which said business is to be conducted, or such junkyard is to be maintained. Such license shall be posted conspicuously upon the premises licensed thereunder. The written application for license hereinabove mentioned shall be accompanied by a form, every question of which must be answered, which form will be supplied by the Board. The applicant shall also submit therewith a plot of the premises used or to be used in connection with such license.
(Ord. 14, passed 12-16-1989)

§ 112.05 ISSUANCE OF LICENSE.

Bookmark§ 112.05  ISSUANCE OF LICENSE.
   Upon receipt of an application by the Board, the Board shall issue a license, or shall refuse to issue a license, to the person applying therefore after an examination of the application and taking into consideration the suitability of the property proposed to be used for the purposes of the license, the character of the properties located nearby, and the effect of the proposed use upon the township. In the event the Board shall issue a license, it may impose upon the license and the person applying therefor such terms and conditions in addition to the regulations herein contained and adopted pursuant to this chapter as may be deemed necessary to carry out the spirit and intent of this chapter.
(Ord. 14, passed 12-16-1989)

§ 112.06 LICENSE FEE.

Bookmark§ 112.06  LICENSE FEE.
   The license fee shall be paid immediately upon the issuance or renewal of a license. The amount of the license fee shall be $200 per year payable by the person to whom the license is issued.
(Ord. 14, passed 12-16-1989)

§ 112.07 LICENSE LIMITATION.

Bookmark§ 112.07  LICENSE LIMITATION.
   No person licensed under this chapter shall, by virtue of one license, keep more than one place of business within the township or maintain more than one junkyard, for the purpose of buying, selling and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his or her license, or maintain a junkyard in any place other than the place designated upon his or her license. No person shall engage in business as a junk dealer unless he or she is the sole record owner of the premises being used as a junkyard.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.08 TRANSFER OF LICENSE.

Bookmark§ 112.08  TRANSFER OF LICENSE.
   No license issued by the Board shall be transferrable by the licensee to any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his or her license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 112.04, by the transferee.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.09 TRANSFER FEE.

Bookmark§ 112.09  TRANSFER FEE.
   In the event the Board shall approve the transfer of a license, the transferee shall immediately pay to the township a transfer fee of $10.
(Ord. 14, passed 12-16-1989)

§ 112.10 RECORDS.

Bookmark§ 112.10  RECORDS.
   Every person, licensed under this chapter, shall provide and shall constantly keep a book, in which shall be fairly written down in the English language at the time of the purchase of any junk, a description of every article or material purchased or received by him or her, the date and hour of such purchase, or receipt, and the person from whom such article or material was purchased or received. This book shall at all times be subject to the inspection of any official of the township.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.11 DELAY IN DISPOSAL.

Bookmark§ 112.11  DELAY IN DISPOSAL.
   Every person, licensed under this chapter, shall keep and retain upon the licensed premises, for a period of 48 hours after the purchase or receipt thereof, all junk received or purchased by him or her, and he or she shall not disturb or reduce the same or alter the original form, shape or condition until such period of 48 hours shall have elapsed.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.12 REGULATIONS.

Bookmark§ 112.12  REGULATIONS.
   Every person licensed under this chapter shall constantly maintain the licensed premises in accordance with any special provisions imposed by the Board and in the manner prescribed by this section and any subsequent regulations adopted by the Board.
   (A)   Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community or of residents nearby or a place for the breeding of rodents and vermin.
   (B)   No garbage or other organic waste shall be stored in such premises.
   (C)   Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall be drained and removed therefrom. Gasoline in an amount not exceeding ten gallons may be stored above ground in said junkyards provided the same be placed in containers approved by the commonwealth. All other gasoline which is kept in the premises shall be stored underground, which underground storage must be approved by the commonwealth.
   (D)   The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises, and to facilitate access for firefighting purposes.
   (E)   All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license, and as limited under division (D) above.
   (F)   A person licensed under this chapter shall not burn more than one motor vehicle or its equivalent at any one time. No oil, grease, tires, gasoline or other similar material that might be dangerous or tend to produce obnoxious smoke or odors shall be burned within a junkyard at any time. Burning of vehicles must be attended and controlled at all times.
   (G)   The premises to be licensed shall be set back a minimum distance of 50 feet from the right-of- way lines on all streets or roads and a minimum distance of 25 feet from all other property lines. The area between the setback line and the right-of-way line and all streets and roads and all other property lines shall be at all times kept clear and vacant.
   (H)   When the Board shall deem it necessary and desirable, the premises to be licensed shall, at the setback lines, be enclosed by a fence of type and style to be determined by the Board, or by evergreen screen plantings, or both. The Board may set forth the fence and planting requirements at the time of the issuance of a license or at the time of renewal or transfer of a license.
   (I)   The Police Department of the township shall have the right to enter upon the premises at any time for the purpose of inspection.
(Ord. 14, passed 12-16-1989)  Penalty, see § 112.99

§ 112.13 ABATEMENT OF NUISANCES.

Bookmark§ 112.13  ABATEMENT OF NUISANCES.
   In addition to the remedies provided in § 112.99, any continued violations of this chapter which shall constitute a nuisance in fact or which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a Court of Equity for relief.
(Ord. 14, passed 12-16-1989)

§ 112.99 PENALTY.

Bookmark§ 112.99  PENALTY.
   Any person who shall violate any of the provisions of this chapter shall upon conviction thereof, by a summary proceeding, be sentenced to pay a fine of not more than $300 and the costs of prosecution, provided that each day’s violation of any of the provisions of this chapter shall constitute a separate offense.
(Ord. 14, passed 12-16-1989)

TITLE XIII: GENERAL OFFENSES

TITLE XIII:  GENERAL OFFENSES
   Chapter
      130.   OFFENSES AGAINST PROPERTY
      131.   OFFENSES AGAINST PERSONS
      132.   OFFENSES AGAINST PUBLIC MORALS

CHAPTER 130: OFFENSES AGAINST PROPERTY

BookmarkCHAPTER 130:  OFFENSES AGAINST PROPERTY
Section
   130.01   Dumping of refuse
   130.02   Category 4 casino
 
   130.99   Penalty

§ 130.01 DUMPING OF REFUSE.

Bookmark§ 130.01  DUMPING OF REFUSE.
   (A)   No person, association, firm or corporation shall keep or suffer to remain upon his, her or its premises, or on any private property, any garbage offal carcass, putrid matter, rubbish, refuse, including abandoned or discarded automobiles, or other offensive unsightly or unwholesome matter, or cast the same upon any lot or piece of ground within the township or upon the shores or margin of any stream or body of water, or into any sewer inlet or upon any sidewalk in the township.
   (B)   No person, association, firm or corporation shall use, or permit to be used, any place within the township as a public or private dump for the garbage, refuse, rubbish and the like.
(Ord. 11, passed 2-28-1967)  Penalty, see § 130.99

§ 130.02 CATEGORY 4 CASINO.

Bookmark§ 130.02  CATEGORY 4 CASINO.
   A Category 4 casino is prohibited within the boundaries of the township.
(Res. 236, passed 12-27-2017)

§ 130.99 PENALTY.

Bookmark§ 130.99  PENALTY.
   Any person, association, firm or corporation, who or which shall violate any of the provisions of this chapter, shall upon conviction thereof be sentenced to pay a fine of $100 per offense for one to three offenses, $200 per offense for four to six offenses, and $1,000 per offense for seven offenses and beyond, and costs of the prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than ten days; provided each day’s continuance of a violation shall constitute a separate offense.
(Ord. 11, passed 2-28-1967)

CHAPTER 131: OFFENSES AGAINST PERSONS

BookmarkCHAPTER 131:  OFFENSES AGAINST PERSONS
Section
   131.01   Disorderly conduct
   131.02   Disturbing the peace
 
   131.99   Penalty

§ 131.01 DISORDERLY CONDUCT.

Bookmark§ 131.01  DISORDERLY CONDUCT.
   A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
   (A)   Engages in fighting or threatening, or in violent or tumultuous behavior;
   (B)   Makes unreasonable noise;
   (C)   Uses obscene language, or makes an obscene gesture; or
   (D)   Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
(18 Pa.C.S.A. § 5503)  Penalty, see § 131.99

§ 131.02 DISTURBING THE PEACE.

Bookmark§ 131.02  DISTURBING THE PEACE.
   Whoever willfully makes, or causes to be made, any loud, boisterous and unseemingly noise or disturbance to the annoyance of the peaceable residents nearby or near any public highway and street or alley, whereby the public peace is broken or disturbed or the traveling public annoyed, is guilty of the offense of disturbing the peace or disorderly conduct.
(Ord. 8, passed 10-15-1965)  Penalty, see § 131.99

§ 131.99 PENALTY.

Bookmark§ 131.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person who shall violate any of the provisions of § 131.01 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
   (C)   Any person who shall violate § 131.02, upon conviction thereof in a summary proceeding, shall be sentenced to pay the costs of prosecution and to pay a fine not exceeding $25, and, in default of the payment thereof, shall be imprisoned for a period of not exceeding 30 days. All penalties imposed for the violation of § 131.02 shall be paid to the Township Treasurer for the use of the township.
(Ord. 8, passed 10-15-1965)

CHAPTER 132: OFFENSES AGAINST PUBLIC MORALS

BookmarkCHAPTER 132:  OFFENSES AGAINST PUBLIC MORALS
Section
   132.01   Curfew
 
   132.99   Penalty

§ 132.01 CURFEW.

Bookmark§ 132.01  CURFEW.
   (A)   It shall be unlawful for children under the age of 18 years to be or remain in or upon any of the streets, roads, alleys, parks or public places in the township at night after the hour of 10:00 p.m., unless such child is accompanied by a parent, guardian or other person having the legal custody of such child. As a warning, a whistle or siren to be known as a curfew whistle shall be sounded at 15 minutes before 10:00 p.m. each evening, after which all such children shall be required at home, or off the streets, roads, alleys, parks and public places in the township, except as herein provided.
   (B)   It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any child of the age above designated to allow or permit such child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, roads, alleys, parks or public places in said township after the time prohibited in division (A) above except as herein provided.
   (C)   Children violating this section more than three times shall be reported to a society or organization whose purpose it is to take charge of incorrigibles and delinquents, and proceedings be taken in the Juvenile Court for their permanent welfare, and like procedure shall in cases where the arrest of the parent, guardian or legal custodian be effective, or where for any other reason the provisions of division (A) above cannot be made effective by fines and penalties imposed thereunder.
   (D)   This section does not apply to a minor who is:
      (1)   Accompanied by the minor’s parent or guardian;
      (2)   On an errand at the direction of the minor's parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      (5)   Involved in an emergency;
      (6)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department  about the minor’s presence;
      (7)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
      (8)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
      (9)   Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 3, passed 3-21-1954)  Penalty, see § 132.99

§ 132.99 PENALTY.

Bookmark§ 132.99  PENALTY.
   If any parent, guardian or person having the legal custody of such child shall allow him or her to be on the streets, roads, alleys or public places in violation of § 132.01(A), said parent, guardian or person having the legal custody of said child so offending, shall upon conviction thereof before any Justice of the Peace be sentenced to pay a fine of $100 for the first offense, $200 for the second offense, $300 for the third offense, plus costs of prosecution. The fourth offense and beyond the fine would exceed $1,000.
(Ord. 3, passed 3-21-1954; Res. 3-10/04/2011, passed 10-4-2011)

TITLE XV: LAND USAGE

TITLE XV: LAND USAGE
   Chapter
      150.   BUILDING
      151.   TRAILERS AND TRAILER PARKS
      152.   FLOODS
      153.   WIND TURBINES
      154.   STORMWATER MANAGEMENT
      155.   SUBDIVISION AND LAND DEVELOPMENT

CHAPTER 150: BUILDING

BookmarkCHAPTER 150: BUILDING
Section
General Provisions
   150.01   Setbacks from the center of the right-of-way
   150.02   New developments
   150.03   Regional Planning Commission
Uniform Construction Code
   150.15   Adopting the Uniform Construction Code; implementation and enforcement
   150.16   County Building Code Enforcement Agency
Dangerous Buildings
   150.30   Investigation
   150.31   Notice
   150.32   Service of notice
   150.33   Failure to repair or remove
   150.34   Township to repair or remove
Building
   150.45   Statement of intent
   150.46   Definitions
   150.47   Application procedure
   150.48   Issuance of permit
   150.49   Permit changes
   150.50   Placards
   150.51   Start of construction
   150.52   Inspection and revocation
   150.53   Fees
   150.54   Appeals
 
   150.99   Penalty

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 150.01 SETBACKS FROM THE CENTER OF THE RIGHT-OF-WAY.

Bookmark§ 150.01  SETBACKS FROM THE CENTER OF THE RIGHT-OF-WAY.
   (A)   Setbacks.
      (1)   No structure, dwelling or building shall be erected, placed or moved to within 40 feet of the right-of-way centerline of any existing township road.
      (2)   No structure, dwelling or building shall be erected, placed or moved within 20 feet of the right-of-way of any existing public road.
      (3)   No individual sewage treatment system shall be constructed within 15 feet of the right-of- way line of any existing township road or public road.
      (4)   No structure, dwelling or building shall be erected, placed or moved within two feet of the existing property boundaries on any of the remaining sides of the property.
      (5)   Any buildings, trailers or other structures constructed or moved within the township shall be set back from the centerline of an abutting way in accordance with this section provided that this restriction shall not apply to additions to buildings already built on old foundations or for any structure built which is not any closer to the centerline of the abutting way, other than buildings built before December 3, 2012 along the abutting way.
      (6)   The Township Supervisors shall determine the minimal allowable setback for all buildings, trailers or other structures in the township if such buildings, trailers or structures are to be less than 40 feet from the centerline of the abutting road. In no event shall a setback be less than 25 feet from the centerline of the abutting road.
      (7)   The planting of shrubs, trees and plants shall be no less than two feet from property boundaries.
      (8)   Variances may be granted by the Township Supervisors on an individual property basis.
   (B)   Right to access. All employees of the County Land and Resource Management Office, Highway Department, members of the County Board of Commissioners, Planning Commission, Board of Adjustment and the township in the performance of their duties shall have free access to all lands within 40 feet of the right-of-way of any existing township road.
(Ord. 74, passed 2-5-2013)  Penalty, see § 150.99

§ 150.02 NEW DEVELOPMENTS.

Bookmark§ 150.02  NEW DEVELOPMENTS.
   (A)   New development has a substantial impact on municipal facilities, such as transportation, sewer and water systems.
   (B)   It is unfair to place the entire burden of these costs, which are necessitated by new development, on the township’s residents through higher taxes.
   (C)   Impact fees represent an equitable way of sharing these costs between new development and the township’s residents.
   (D)   The township supports the passage of legislation to authorize municipalities to impose fair and equitable impact fees on new development to pay for the costs of the infrastructure improvements needed to serve that development and that such legislation include the following provisions:
      (1)   The ability for municipalities and developers to continue to negotiate in good faith for off- site improvements;
      (2)   Protection for those municipalities that have existing impact fee ordinances by granting them one year which to bring their regulations into conformance with the new law;
      (3)   The authority to use impact fees to pay for the extensive administrative costs a township must incur in order to charge impact fees;
      (4)   The flexibility for a municipality to establish the boundaries of each transportation service area in which impact fees will be levied;
      (5)   The ability to collect impact fees for up to one year from developers who apply for subdivision approval while the impact fee regulations are in the development stages; and
      (6)   The discretion to appoint members to the impact fee advisory committee who represent a variety of factions within the municipality, instead of loading the membership up with individuals who represent the special interests of the building and real estate industries.
(Res. 101, passed 8-24-1990)

§ 150.03 REGIONAL PLANNING COMMISSION.

Bookmark§ 150.03  REGIONAL PLANNING COMMISSION.
   The township having been informed by representatives of the County Planning Commission as to the formation of a Regional Planning Commission in its area and pursuant to the Regional Planning Law, resolves as follows.
   (A)   The township is authorized and directed to join and associate together with Summerhill Borough, Croyle Township, South Fork Borough, Adams Township and Ehrenfeld Borough in the creation of a Regional Planning Committee to be known as the Forest Hills Regional Planning Commission.
   (B)   The township will enter into an agreement with the above municipalities for the creation of a Regional Planning Commission.
   (C)   The township shall have the authority to appropriate funds for the purpose of contributing to the operation of a Regional Planning Commission.
   (D)   The township will establish a membership in and support a Regional Planning Commission.
(Res. passed - -)

UNIFORM CONSTRUCTION CODE

UNIFORM CONSTRUCTION CODE

§ 150.15 ADOPTING THE UNIFORM CONSTRUCTION CODE; IMPLEMENTATION AND ENFORCEMENT.

Bookmark§ 150.15  ADOPTING THE UNIFORM CONSTRUCTION CODE; IMPLEMENTATION AND ENFORCEMENT.
   (A)   This municipality hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended from time to time, and its regulations.
   (B)   The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this municipality.
   (C)   Administration and enforcement of the Code within this municipality is hereby authorized and shall be undertaken in any of the following ways as determined by the governing body of this municipality from time to time by resolution:
      (1)   By the designation of an employee of the municipality to serve as the Municipal Code Official to act on behalf of the municipality;
      (2)   By the retention of one or more Construction Code Officials or third party agencies to act on behalf of the municipality;
      (3)   By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement; and
      (4)   By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this municipality.
   (D)   Fees assessable by the municipality or joint municipal operation for the administration and enforcement undertaken pursuant to this section and the Code shall be established by the governing body by resolution from time to time.
(Ord. 59, passed 6-15-2004)

§ 150.16 COUNTY BUILDING CODE ENFORCEMENT AGENCY.

Bookmark§ 150.16  COUNTY BUILDING CODE ENFORCEMENT AGENCY.
   (A)   Purpose. The Board of Supervisors of the township finds it desirable to enact this section to:
      (1)   Protect the health, safety and welfare of the residents of the township; and
      (2)   Create a multi-municipal local agency for the administration of the Uniform Construction Code (Act 45 of 1999, 35 P.S. §§ 7210.101 et seq.) and its regulations promulgated thereunder (34 Pa. Code Chapters 401 et seq.), as amended or may be amended from time to time.
   (B)   Grant of power. This section is adopted pursuant to the powers granted in:
      (1)   Act of December 19, 1996, P.L. 1158, No. 177, commonly known as the Intergovernmental Cooperation Law, governing intergovernmental cooperation agreements within the commonwealth (53 Pa.C.S.A. §§ 2301 et seq.) as amended or as may be amended from time to time;
      (2)   Act 45 of 1999, the Uniform Construction Code (35 P.S. §§ 7210.101 et seq.) and its regulations (34 Pa. Code Chapters 401 et seq.) as amended or may be amended from time to time; and
      (3)   Pennsylvania Local Agency Law (2 Pa.C.S.A. §§ 551 and 751) as amended or as may be amended from time to time.
   (C)   Creation of County Building Code Enforcement Agency. The governing body hereby:
      (1)   Creates, constitutes and establishes the County Building Code Enforcement Agency for the purposes described above;
      (2)   As soon as possible, but not later than 30 days after the adoption of this section, every member shall, by action of its governing body, appoint a representative to the County Building Code Program Committee. Such Program Committee member shall be a member of the governing body of the member municipality;
      (3)   Conveys to the County Building Code Enforcement Agency, through its officers/Program Committee, employees, servants and agents the authority to act on behalf of the governing body relative to the administration and enforcement of all aspects of the Uniform Construction Code and regulations promulgated thereunder;
      (4)   Directs the Program Committee to, at all times, act in a manner consistent with said Act and regulations and the additional provisions of this section;
      (5)   Directs the Program Committee to establish and, further, pledges to pay in a timely manner, initial and annual membership fees, together with prorata or equal share of costs of the salary and benefit package of the Code Official(s) and other employees as to generally acceptable office administration and expenses. Directs the payment of other costs of administering the Uniform Construction Code within the municipality, including, but not limited to, the enactment, amendment and updating of ordinances and prosecution costs for violations of ordinances; and
      (6)   Authorizes the Program Committee to acquire, manage, license and/or dispose of real and/or personal property for the necessary operation of the Agency.
   (D)   Responsibilities of participating municipalities. The following activities/actions are the sole responsibility of the member municipalities:
      (1)   Drafting and enacting an ordinance that authorizes and/or ratifies the municipality’s participation in the County Building Code Enforcement Agency and the entering into agreement(s) in accordance with the requirements of the Intergovernmental Cooperation Law/Act;
      (2)   Adopting and amending the municipality’s existing fee resolution providing for identical fees to be imposed for the issuance of building permits and other permits required under the Codes to be enforced as a part of the County Building Code Enforcement Agency;
      (3)   Provide adequate insurance coverage for all aspects of the Program to include errors and omissions insurance and general liability insurance for actions of the Code Official(s) and the Program Committee;
      (4)   In the event a third-party agency or individual is retained for code enforcement services, to obtain verification of liability insurance, errors and omissions insurance and worker’s compensation insurance in such amount(s) as determined by the Program Committee, with proper evidence of certifications of insurance being provided on an annual basis or such other period of time as determined by the Program Committee; and
      (5)   Eliminate the position of, or modify the responsibilities of, any existing municipal employee so as to eliminate conflicts and/or overlaps with the responsibilities of the Code Official(s).
   (E)   Responsibilities of Program Committee. The following activities are the responsibility of the Program Committee:
      (1)   Prepare and adopt by-laws that:
         (a)   Define the method by which (future) Committee representatives will be appointed;
         (b)   Set forth the method by which the Committee will conduct business;
         (c)   Establish a quorum for the conduct of business;
         (d)   Establish meeting times and dates;
         (e)   Define the manner in which vacancies will be filled;
         (f)   Create any necessary subcommittees;
         (g)   Establish fees for the various services to be performed; and
         (h)   Establish a Board of Appeals in accordance with the Act 45 of 1999 and its regulations.
      (2)   Prepare and submit an annual budget;
      (3)   Prepare and submit annual reports to participating municipalities;
      (4)   Prepare and submit, on behalf of the member municipalities, applications for grants-in-aid or as to the securing of other necessary financial assistance and/or loans necessary for the operation of the Agency;
      (5)   Recruiting and hiring of the Code Official(s) and other employees of the Agency and directing their/its responsibilities and duties;
      (6)   Establishment of the salary and benefit package for the Code Official(s) and other employees of the Agency;
      (7)   Evaluation of the performance of the Code Official(s) within the first six mouths and annually thereafter;
      (8)   Review of ordinances of each municipality with suggestions for the enactment of new ordinances to be administered by the County Building Code Enforcement Agency;
      (9)   Resolution of any problems or concerns between municipalities and the formulation of policy-oriented decisions;
      (10)   Create an employees’ manual containing job descriptions and qualifications for employment; and
      (11)   Secure by contract, or other arrangement, legal counsel and the services of other professions, as may be necessary or desirable to advance the work of the Committee.
   (F)   Intergovernmental Cooperation Agreement. Each member municipality shall enter into an intermunicipal agreement in the form as attached to Ord. 70 as Exhibit A, as if set out in full herein, and any supplements and/or amendments thereto; or enter into such other intergovernmental cooperation agreement(s) which, from time to time may be approved by and submitted to the member municipalities by the Program Committee, Each member municipality agrees to abide by and to be legally bound by such intergovernmental agreement(s), and any intergovernmental agreement(s) entered into as of the date of this section’s adoption and/or amendments/supplements relative thereto. This section ratifies and amends any intergovernmental agreement entered into, to the extent inconsistent herewith, and allows for the adoption (if need be) of a subsequent intergovernmental cooperation agreement.
   (G)   Term of participation, new members.
      (1)   The participation in the approved Building Codes Agency shall begin on the effective date of this section.
      (2)   After the expiration of the aforesaid five-year period, participation shall continue; such participation shall continue on a year to year basis unless 90 days prior to the beginning of the fiscal year, the municipality notifies the Agency, in writing, of its intent to repeal this section.
      (3)   Additional, municipalities may become a member of the Agency upon obtaining the consent of the Program Committee and thereafter enacting this section in its entirety.
      (4)   In the event that it becomes necessary to change this section in whole or in part, no changes shall become effective and no new or altered obligation or duty shall be placed upon the Program Committee and/or Agency, and no change in the term of this section shall become effective until such time as every participating municipality shall have adopted an identical amendatory ordinance or duly adopted resolution.
(Ord. 70, passed 8-3-2004)

DANGEROUS BUILDINGS

DANGEROUS BUILDINGS

§ 150.30 INVESTIGATION.

Bookmark§ 150.30  INVESTIGATION.
   Whenever it shall be reported to the Township Secretary that any structure, completed or in process of construction, or any portion thereof, is in a dangerous condition, the Township Secretary shall immediately cause an investigation and examination to be made of such structure. If such investigation or examination indicates such structure to be dangerous in any respect, the Secretary shall report in writing to the Chief of Police, specifying the exact condition of such structure, setting forth in such report whether and in what respect he or she considers such structure to be dangerous, and, if so, whether such structure is capable of being properly repaired or whether it should be removed as a dangerous structure.
(Ord. 24, passed 11-30-1976)

§ 150.31 NOTICE.

Bookmark§ 150.31  NOTICE.
   If any structure is reported by the Township Secretary, as provided in § 150.30, to be in a dangerous condition, the Chief of Police shall forthwith cause written notice to be served upon the owner of such structure. Such notice shall require the owner of such structure to commence the repair or removal of such building within ten days of such notice and to complete such repair or removal within 30 days thereof; provided, in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure instead of making the repairs thereto, within the said time limit.
(Ord. 24, passed 11-30-1976)

§ 150.32 SERVICE OF NOTICE.

Bookmark§ 150.32  SERVICE OF NOTICE.
   The notice required by § 150.31 shall be served personally upon the owner of a structure, if such owner resides in the township, or upon the agent of such owner, if such agent has a residence or place of business within the township. If neither the owner nor the agent thereof can be served within the township as hereby provided, such notice shall be sent to the owner of such structure by registered mail, at the last known address thereof.
(Ord. 24, passed 11-30-1976)

§ 150.33 FAILURE TO REPAIR OR REMOVE.

Bookmark§ 150.33  FAILURE TO REPAIR OR REMOVE.
   If the owner of any dangerous structure, to whom or which a notice to repair or remove such structure shall be sent under the provisions of this subchapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, he or she shall be guilty of a violation of this subchapter.
(Ord. 24, passed 11-30-1976)  Penalty, see § 150.99

§ 150.34 TOWNSHIP TO REPAIR OR REMOVE.

Bookmark§ 150.34  TOWNSHIP TO REPAIR OR REMOVE.
   If the owner of any dangerous structure, to whom or which a notice to repair or to remove such structure shall be sent under the provisions of this subchapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, the Chief of Police shall be empowered to cause such work of repair or removal to be commenced and/or completed by the township, and the cost and expense thereof, with a penalty of 10% shall be collected from the owner of such structure in the manner provided by law; provided, the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 150.33.
(Ord. 24, passed 11-30-1976)

BUILDING

BUILDING

§ 150.45 STATEMENT OF INTENT.

Bookmark§ 150.45  STATEMENT OF INTENT.
   (A)   It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken, the construction, reconstruction, enlargement, alteration or relocation of any building or structure unless an approved building permit has been obtained from the Municipal Building Permit Officer.
   (B)   A land use permit is required for all building, repairs to existing buildings or structures, or additional of pre-built structures, as noted under STRUCTURES in § 150.46.
(Ord. 22, passed 11-28-1975)  Penalty, see § 150.99

§ 150.46 DEFINITIONS.

Bookmark§ 150.46  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING. A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
   PERSON. Any person, persons, partnership, business or corporation.
   STRUCTURE. A combination of materials to form anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, mobile homes, carports, porches, driveways, swimming pools and other similar items.
(Ord. 22, passed 11-28-1975)

§ 150.47 APPLICATION PROCEDURE.

Bookmark§ 150.47  APPLICATION PROCEDURE.
   (A)   Application for a land use permit and/or a building permit can be obtained from the Township Secretary during regular office hours or from the approved Building Codes Enforcement Agency.
   (B)   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;
      (5)   Brief description of proposed work and estimated cost; and
      (6)   A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(Ord. 22, passed 11-28-1975)

§ 150.48 ISSUANCE OF PERMIT.

Bookmark§ 150.48  ISSUANCE OF PERMIT.
   The Building Permit Officer shall issue a building permit only after it has been determined that the proposed construction will be in conformance with all applicable requirements and regulations.
(Ord. 22, passed 11-28-1975)

§ 150.49 PERMIT CHANGES.

Bookmark§ 150.49  PERMIT CHANGES.
   After the issuance of a building permit by the Building Permit Officer, no changes 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 Building Permit Officer.
(Ord. 22, passed 11-28-1975)  Penalty, see § 150.99

§ 150.50 PLACARDS.

Bookmark§ 150.50  PLACARDS.
   In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Permit Officer.
(Ord. 22, passed 11-28-1975)

§ 150.51 START OF CONSTRUCTION.

Bookmark§ 150.51  START OF CONSTRUCTION.
   Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include: land preparation, land clearing, grading or filling; excavation for basement, footings, piers or foundations; erection of temporary forms; the installation of piling under proposed subsurface footings; or the installation of sewer, gas and water pipes, or electric or other service lines from the street.
(Ord. 22, passed 11-28-1975)

§ 150.52 INSPECTION AND REVOCATION.

Bookmark§ 150.52  INSPECTION AND REVOCATION.
   During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(Ord. 22, passed 11-28-1975)  Penalty, see § 150.99

§ 150.53 FEES.

Bookmark§ 150.53  FEES.
   Applications for a building permit shall be accompanied by a fee, payable to the Building Code agency, based on the estimated cost of the proposed construction as determined by the Building Permit Officer and will be assessed rates according to the fee schedule of the approved Building Codes Enforcement Agency.
(Ord. 22, passed 11-28-1975)

§ 150.54 APPEALS.

Bookmark§ 150.54  APPEALS.
   Any person aggrieved by the Building Permit Officer’s estimate of the cost of the proposed construction may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the determination by the Building Permit Officer. Upon receipt of such appeal, the Board of Supervisors shall set a time and place not less than ten nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination of the estimated cost by the Board of Supervisors shall be final in all cases.
(Ord. 22, passed 11-28-1975)

§ 150.99 PENALTY.

Bookmark§ 150.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   (1)   Violations of § 150.01 shall be punishable as a misdemeanor.
      (2)   In the event of a violation or a threatened violation of § 150.01, in addition to any penalties imposed under division (B)(1) above, the Township Board of Supervisors, or any member thereof, or any taxpayer or resident of this township may institute appropriate action or proceedings to enjoin, prevent, restrain, correct or abate such violation or any threatened violation.
   (C)   If the owner of any dangerous structure fails to remove or repair such structure, the owner shall be guilty of a violation of §§ 150.30 through 150.34, and, upon conviction thereof, shall be sentenced to pay a fine of not more than $100 and costs of prosecution; provided, each day’s continuance of a violation shall constitute a separate offense.
   (D)   Any person who fails to comply with any or all of the requirements or provisions of §§ 150.45 through 150.54 or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the township, of not less than $75 and not more than $500, plus costs of prosecution. In default of such payment, such person shall be imprisoned in County Prison for a period not to exceed ten days. Each day during which any violation of §§ 150.45 through 150.54 continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of §§ 150.45 through 150.54. The imposition of a fine or penalty for any violation of, or noncompliance with, §§ 150.45 through 150.54 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 noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered or relocated, in noncompliance with §§ 150.45 through 150.54 may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
(Ord. 22, passed 11-28-1975; Ord. 24, passed 11-30-1976; Ord. 74, passed 2-5-2013)

CHAPTER 151: TRAILERS AND TRAILER PARKS

BookmarkCHAPTER 151: TRAILERS AND TRAILER PARKS
Section
   151.01   Definitions
   151.02   Trailer parks prohibited
   151.03   Permit required for mobile home parks
   151.04   Application for permit for mobile home park and application for permit for extension of area or increase in the number of homes in an existing mobile home park
   151.05   Public hearings
   151.06   Regulating the placing and keeping of individual mobile homes
   151.07   Moving trailers
 
   151.99   Penalty

§ 151.01 DEFINITIONS.

Bookmark§ 151.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EXISTING MOBILE HOME PARK. The area, at the date this chapter becomes effective, on which mobile homes are parked and occupied; or on which sanitary facilities, roads and other facilities, have already been installed to accommodate other mobile homes intended for dwellings.
   LICENSEE. Any person to whom a permit has been issued hereunder to operate and maintain a mobile home park.
   MOBILE HOME. A unit similar to a trailer coach but which is equipped with running water, bath facilities, flush toilet and appropriate sanitary utilities.
   MOBILE HOME PARK. Privately owned land upon which two or more mobile homes are or are intended to be parked and occupied as dwellings.
   OFFICER. The Township Supervisors, or their designated representative.
   PERSONS. Include individuals, partnerships, corporations, owners, lessees, licensees and the agents of each of them.
   TRAILER. A trailer coach not equipped with running water, bath facilities, flush toilet and appropriate sanitary connections.
   TRAILER PARK. Privately owned land upon which any trailer is intended to be parked and occupied as a dwelling.
(Ord. 20, passed 3-20-2001)

§ 151.02 TRAILER PARKS PROHIBITED.

Bookmark§ 151.02  TRAILER PARKS PROHIBITED.
   No persons shall maintain or operate a trailer park in the township. No occupied trailer shall be permitted in a mobile home park for a period exceeding 30 days.
(Ord. 20, passed 3-20-2001)  Penalty, see § 151.99

§ 151.03 PERMIT REQUIRED FOR MOBILE HOME PARKS.

Bookmark§ 151.03  PERMIT REQUIRED FOR MOBILE HOME PARKS.
   (A)   No person shall maintain or operate a mobile home park or extend the area of an existing mobile home park or license the number of mobile homes in an existing mobile home park in the township to an area or number greater than that provided for in the original application and permit without first having obtained a permit therefor from the officer pursuant hereto.
   (B)   The regulations shall apply forthwith to new mobile home parks, to any extension of an existing mobile home park and to any increase in the number of mobile homes in an existing mobile home park; provided, however, that the officer may, upon application, grant such extensions of time or waive such requirements as may in his or her judgment be required by the specific circumstances where owing to special conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship.
   (C)   The regulations shall not apply to existing mobile home parks.
(Ord. 20, passed 3-20-2001)  Penalty, see § 151.99

§ 151.04 APPLICATION FOR PERMIT FOR MOBILE HOME PARK AND APPLICATION FOR PERMIT FOR EXTENSION OF AREA OR INCREASE IN THE NUMBER OF HOMES IN AN EXISTING MOBILE HOME PARK.

Bookmark§ 151.04  APPLICATION FOR PERMIT FOR MOBILE HOME PARK AND APPLICATION FOR PERMIT FOR EXTENSION OF AREA OR INCREASE IN THE NUMBER OF HOMES IN AN EXISTING MOBILE HOME PARK.
   (A)   Application for permit hereunder shall be made to the Township Secretary in writing.
   (B)   Such application shall include the following:
      (1)   Name and address of applicant; and name and address of real party in interest if other than the applicant;
      (2)   A plot plan showing the site of the mobile home park, roads, location, size, shape area increases, number of mobile homes, location of sanitary provisions and names of abutting property owners, according to the Assessor’s records. All final plans or maps shall be of overall size not larger than 25 inches by 37 inches, including border. The plan shall be filed with the Township Secretary and shall not be accepted for recording until signed as accepted by the office;
      (3)   Proof of ownership, option or valid lease; and
      (4)   A fee of $25 shall accompany each application for a permit.
(Ord. 20, passed 3-20-2001)

§ 151.05 PUBLIC HEARINGS.

Bookmark§ 151.05  PUBLIC HEARINGS.
   The Township Supervisors may hold a public hearing regarding any application for a mobile home park permit, if the specific circumstances require such action.
(Ord. 20, passed 3-20-2001)

§ 151.06 REGULATING THE PLACING AND KEEPING OF INDIVIDUAL MOBILE HOMES.

Bookmark§ 151.06  REGULATING THE PLACING AND KEEPING OF INDIVIDUAL MOBILE HOMES.
   (A)   It shall be unlawful for any owner, tenant or legal custodian of any lot or piece of ground in the township aforesaid to keep or permit to be kept any mobile home, occupied or intended to be occupied in that location, upon any lot or piece of ground owned or leased by him or her or over which he or she has legal custody, other than a mobile home park, for a period exceeding 30 days without first obtaining a permit and paying an inspection fee herein prescribed. Application for permit shall be made to the Township Secretary.
   (B)   An inspection fee of $350 shall be charged for each mobile home to defray the expense of inspecting the sanitary facilities and for guaranteeing that all requirements of this chapter are met.
   (C)   No permit for keeping or permitting to be kept a mobile home on an outside authorized mobile home park shall be granted unless the application shows the street address of the proposed location, the name of the mobile home occupants and a description of the proposed lot of ground, to be occupied by the mobile home.
   (D)   Each mobile home, whether in a park or on an individual lot, shall conform to the following requirements.
      (1)   Any mobile home lot shall have a minimum of 4,000 square feet.
      (2)   All mobile homes must be hooked up to an approved septic tank with a minimum capacity in accordance with state regulations as noted.  Septic tank sizing is based on the number of bedrooms, not by number of persons occupying the structure and it is the same per home or trailer:
         (a)   Three-bedroom structure:  900-gallon minimum septic tank size however not available to purchase, 1000-gallon required;
         (b)   Four-bedroom structure: 1,250 gallon minimum septic tank size; or
         (c)   Five-bedroom structure: 1,400 gallon minimum septic tank size however no available to purchase, 1,500-gallon required.
      (3)   Each mobile home shall have appropriate and separate connections or intakes necessary to connect any mobile home and its plumbing facilities to the septic tank system.
      (4)   Each mobile home shall have its own separate electric connections.
      (5)   Each mobile home shall have an independent water supply of its own or be connected to a public or private water system.
      (6)   Each mobile home shall have adequate garbage disposal facilities meeting the minimum requirements of the state and to be approved by the Township Supervisors.
      (7)   Each mobile home shall be located to conform to existing building location lines or, if non-existing, shall be set back 60 feet from the nearest roadway.
      (8)   Each mobile home shall be located on its lot so that the centerline of the mobile home (from front to back) shall be parallel with the centerline of the nearest roadway.
   (E)   Each mobile home owner, tenant or legal custodian of the lot or piece of ground to be occupied, shall make a signed statement certifying that the water supply, garbage and refuse disposal and sanitary facilities, duly approved by the Township Supervisors, are installed and will be available at all times to be mobile home occupants, and such other pertinent information as may be required.
   (F)   This section shall not apply to an individual mobile home located on the site in the township prior to the effective date of this chapter but shall apply to said mobile home if it is moved to another site or exchanged for another mobile home after this chapter becomes effective.
(Ord. 20, passed 3-20-2001)  Penalty, see § 151.99
Statutory reference:
   Standards for septic tanks, see 25 Pa. Code Chapter 73

§ 151.07 MOVING TRAILERS.

Bookmark§ 151.07  MOVING TRAILERS.
   No trailer shall be moved into the township and used as a permanent residence. A trailer can be placed on private property for storage but must meet parking regulations and setback regulations.

§ 151.99 PENALTY.

Bookmark§ 151.99  PENALTY.
   Any person who shall violate or assist in the violation of any of the requirements of this chapter shall upon conviction before any Justice of the Peace in the township be fined not more than $50 for each offense; and the permit prescribed hereunder may be suspended or revoked. Every day’s violation of any of the provisions of this chapter shall constitute a separate offense.
(Ord. 20, passed 3-20-2001)

CHAPTER 152: FLOODS

BookmarkCHAPTER 152: FLOODS
Section
Statutory Authorization
   152.001   Statutory authorization
General Provisions
   152.015   Intent
   152.016   Applicability
   152.017   Abrogation and greater restriction
   152.018   Severability
   152.019   Warning and disclaimer of liability
Administration
   152.030   Designation of Floodplain Administrator
   152.031   Permits required
   152.032   Duties and responsibilities of the Floodplain Administrator
   152.033   Application procedures and requirements
   152.034   Review by County Conservation District
   152.035   Review of application by others
   152.036   Changes
   152.037   Placards
   152.038   Start of construction
   152.039   Enforcement; notices
   152.040   Appeals
Identification of Floodplain Areas
   152.055   Identification
   152.056   Description and special requirements of identified floodplain areas
   152.057   Changes in identification of area
   152.058   Boundary disputes
Technical Provisions
   152.070   General
   152.071   Elevation and floodproofing requirements
   152.072   Design and construction standards
   152.073   Development which may endanger human life
   152.074   Special requirements for subdivisions
   152.075   Special requirements for manufactured homes
   152.076   Special requirements for recreational vehicles
Activities Requiring Special Permits
   152.090   General
   152.091   Application requirements for special permits
   152.092   Application review procedures
   152.093   Special technical requirements
Existing Structures in Identified Floodplain Areas
   152.105   Existing structures
   152.106   Improvements
Variances
   152.120   General
   152.121   Variance procedures and conditions
Definitions
   152.135   General
   152.136   Specific definitions
Flood Insurance Program
   152.150   Compliance with § 1910.3a of the Flood Insurance Program regulations
   152.151   Flood Insurance Program
 
   152.999   Penalty

STATUTORY AUTHORIZATION

STATUTORY AUTHORIZATION

§ 152.001 STATUTORY AUTHORIZATION.

Bookmark§ 152.001  STATUTORY AUTHORIZATION.
   The legislature of the commonwealth has, by the passage of the Pennsylvania Floodplain Management Act of 1978, being 32 P.S. §§ 679.101 et seq., delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety and the general welfare of its citizenry. Therefore, the Board of the township does hereby order as follows.
(Ord. 72, passed 2-7-2012)

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 152.015 INTENT.

Bookmark§ 152.015  INTENT.
   The intent of this chapter is to:
   (A)   Promote the general health, welfare and safety of the community;
   (B)   Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
   (C)   Minimize danger to public health by protecting water supply and natural drainage;
   (D)   Reduce financial burdens imposed on the community, its governmental units and its residents, by preventing excessive development in areas subject to flooding; and
   (E)   Comply with federal and state floodplain management requirements.
(Ord. 72, passed 2-7-2012)

§ 152.016 APPLICABILITY.

Bookmark§ 152.016  APPLICABILITY.
   (A)   It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the township unless a permit has been obtained from the Floodplain Administrator.
   (B)   A permit shall not be required for minor repairs to existing buildings or structures.
(Ord. 72, passed 2-7-2012)  Penalty, see § 152.999

§ 152.017 ABROGATION AND GREATER RESTRICTION.

Bookmark§ 152.017  ABROGATION AND GREATER RESTRICTION.
   This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
(Ord. 72, passed 2-7-2012)

§ 152.018 SEVERABILITY.

Bookmark§ 152.018  SEVERABILITY.
   If any section, division, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
(Ord. 72, passed 2-7-2012)

§ 152.019 WARNING AND DISCLAIMER OF LIABILITY.

Bookmark§ 152.019  WARNING AND DISCLAIMER OF LIABILITY.
   (A)   The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
   (B)   This chapter shall not create liability on the part of the township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 72, passed 2-7-2012)

ADMINISTRATION

ADMINISTRATION

§ 152.030 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.

Bookmark§ 152.030  DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
   The Building Permit Officer, within the County Building Code Enforcement Office, is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator.
(Ord. 72, passed 2-7-2012)

§ 152.031 PERMITS REQUIRED.

Bookmark§ 152.031  PERMITS REQUIRED.
   A permit shall be required before any construction or development is undertaken within any area of the township.
(Ord. 72, passed 2-7-2012)  Penalty, see § 152.999

§ 152.032 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

Bookmark§ 152.032  DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   (A)   The Floodplain Administrator shall issue a 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 and ordinances.
   (B)   Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1 et seq., as amended); the Pennsylvania Dam Safety and Encroachments Act (32 P.S. §§ 693.1 et seq., as amended); the Pennsylvania Clean Streams Act (35 P.S. §§ 693.1 et seq.); and the U.S. Clean Water Act, § 404, 33 U.S.C. 1344. No permit shall be issued until this determination has been made.
   (C)   In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
   (D)   During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He or she shall make as many inspections during and upon completion of the work as are necessary.
   (E)   In the discharge of his or her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour, to enforce the provisions of this chapter.
   (F)   In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board for whatever action it considers necessary.
   (G)   The Floodplain Administrator shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.
   (H)   The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
(Ord. 72, passed 2-7-2012)

§ 152.033 APPLICATION PROCEDURES AND REQUIREMENTS.

Bookmark§ 152.033  APPLICATION PROCEDURES AND REQUIREMENTS.
   (A)   Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the township.
   (B)   Such application shall contain 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 including address;
      (5)   Listing of other permits required;