PREFACE - elibrary.pacounties.orgelibrary.pacounties.org/Documents/Juniata_County/1370; Beale... · PREFACE The Township of Beale has, over the years, passed through a process of

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PREFACE

The Township of Beale has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the Township, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the Township. The recording of local law is an aspect of mu-nicipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Board of Supervisors ordered the following codification of the Township's legislation.

Contents of Code The various chapters of the Code contain all currently effective legislation of a general and

permanent nature enacted by the Board of Supervisors of the Township of Beale, including revi-sions or amendments to existing legislation deemed necessary by the Board of Supervisors in the course of the codification.

Organization of Code The Code includes Township legislation both of an administrative nature, namely, that dealing

with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments, and also of a regulatory nature, which generally impose penalties for violation of their provisions.

Histories At the end of the Scheme (list of section titles) in each chapter is located the legislative history

for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw num-ber, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters con-taining parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the text, under its title. Amendments to individual sections or subsections are indicated by histories where appropriate in the text.

Legislative Enactments Certain forms of local legislation are not of a nature suitable for inclusion in the Code but are of

such significance that a summary of their provisions are useful. The Legislative Enactments list

BEALE CODE

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of this publication, which includes Annexation of Territory, Bond Issues and Loans, Franchises and Services, Governmental and Intergovernmental Affairs, Plan Approval, Public Property, Sewers, Streets and Sidewalks, Water, and Zoning; Prior Ordinances, is reserved for such legisla-tion and for any other material that the community may wish to include.

Disposition List The Disposition List is a chronological listing of ordinances, indicating their inclusion in the

publication or the reason for their exclusion. The Disposition List will be updated with each sup-plement to the Code to include the legislation reviewed with said supplement.

Index The Index is a guide to information. Since it is likely that this publication will be used by per-

sons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added.

Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or additions, should be

adopted as amendments to the Code. In doing so, existing material that is not being substantively altered should not be renumbered.

Adding new sections. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 6-5 and 6-6 should be designated § 6-5.1).

Adding new parts or articles. New parts or articles may be inserted at the end of a chapter, and also between existing parts or articles in a chapter by the use of "A" parts or articles (e.g., a new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 22-30 and Article XVII begins with § 22-31, Article XVIA should contain §§ 22-30.1 through 22-30.6).

Supplementation Supplementation of the Code will follow the adoption of new legislation. New legislation or

amendments to existing legislation will be included and repeals will be indicated as soon as pos-sible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement.

PREFACE

iii 02 - 15 - 2008

Acknowledgment The assistance of the Township officials is gratefully acknowledged by the editor. The codifica-

tion of the legislation of the Township of Beale reflects an appreciation of the needs of a progres-sive and expanding community. As in many other municipalities, officials are faced with funda-mental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code that this publication will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public."

02 - 15 - 2008

OFFICIALS

OF THE

TOWNSHIP OF BEALE

Township Office RR 2, Box 826

Port Royal, Pennsylvania 17082 Telephone: (717) 436-8397

FAX: (717) 436-2795

———— 2008

———— Elected Officials

Board of Supervisors BARRY C. IMES, Chairman

THOMAS J. CAMPBELL, Vice Chairman KIRK A. GILBERT

Tax Collector

VIRGINIA A. FOLTZ

Auditors CARLA A. ROBINSON

WENDY J. IMES LINDA E. PARTNER

Constable

WILLIAM D. HARRISON

Appointed Officials Township Secretary/Treasurer

SUSAN D. SIEBER

Township Solicitor RANDALL E. ZIMMERMAN

Roadmaster

RAYMOND L. IMES

Planning Commission MICHAEL W. BEAVER, Chairman KIRK A. GILBERT, Vice Chairman

STEVEN T. BEERS, Secretary

Codes Officer COMMONWEALTH CODE INSPECTION SERVICE

Emergency Management JACQUELINE LEISTER

v 02 - 15 - 2008

TABLE OF CONTENTS

Tools for Finding Information − In addition to the municipality’s legislation, this publication contains tools to help locate information: table of contents, index, chapter outlines (schemes), and a disposition list.

Chapters − Chapters are generally discrete pieces of legislation but can also be made up of sev-eral individual pieces on a related topic. In that case, the individual pieces are arranged into arti-cles or parts within the chapter. If you are familiar with a former number or title, look for it chronologically in the disposition list.

Reserved Chapters − In the numbering of chapters, space has been provided for the convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new chapter is available from the editor. See also the “Instructions for Amending the Code” in the Preface.

Section Numbering − A chapter-related section-numbering system is employed. Each section of every item of legislation is assigned a number, which indicates both the number of the chapter in which the item of legislation is located and the location of the section within that chapter. Thus, the fourth section of Chapter 6 is § 6-4.

Scheme − The scheme is the list of section titles that precedes the text of each chapter. These ti-tles are carefully written so that, taken together, they may be considered as a summary of the con-tent of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the scheme titles are repeated as section headings in the text.

Page Numbers − A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral “1.” Thus, Chapter 6 begins on page 6:1. By the use of this system, it is possible to add or to change pages in any chapter, or add new chapters, without affecting the se-quence of subsequent pages.

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1. Administration and Government .............................................. 1:1 Article I Beale Township Supervisors Compensation Article II Planning Commission Article III Fire Insurance Escrow Article IV Open Records Policy

2. (Reserved) ................................................................................ 2:1

3. (Reserved) ................................................................................ 3:1

4. Buildings .................................................................................. 4:1 Article I Assessment Permits Article II Numbering of Lots, Buildings and Structures Article III Prohibiting Dangerous Structures

5. Code Enforcement.................................................................... 5:1 Article I Uniform Construction Code

6. Conduct .................................................................................... 6:1 Article I Protection of Public Property

7. (Reserved) ................................................................................ 7:1

8. (Reserved) ................................................................................ 8:1

9. Grading and Excavating ........................................................... 9:1 Article I Control of Soil Erosion, Sedimentation and Grading

10. Health and Safety ................................................................... 10:1 Article I Storage of Vehicles on Private Property Article II Open Storage of Unused or Unusable Personal

Property

11. (Reserved) .............................................................................. 11:1

12. (Reserved) .............................................................................. 12:1

13. (Reserved) .............................................................................. 13:1

14. (Reserved) .............................................................................. 14:1

15. Motor Vehicles and Traffic .................................................... 15:1

16. (Reserved) .............................................................................. 16:1

17. (Reserved) .............................................................................. 17:1

18. Sewers and Sewage Disposal ................................................. 18:1 Article I Sewage Management Program

TABLE OF CONTENTS

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19. (Reserved) .............................................................................. 19:1

20. Solid Waste ............................................................................ 20:1 Article I Municipal Waste Article II Agricultural Waste Storage and Nutrient Management

21. Streets and Sidewalks............................................................. 21:1 Article I Construction of Roads and Associated Drainage

Facilities Article II Construction of Driveways

22. Subdivision and Land Development ...................................... 22:1

23. (Reserved) .............................................................................. 23:1

24. Taxation.................................................................................. 24:1 Article I Realty Transfer Tax Article II Per Capita Tax Article III Local Taxpayers Bill of Rights Article IV Tax Certification

25. (Reserved) .............................................................................. 25:1

26. (Reserved) .............................................................................. 26:1

27. (Reserved) .............................................................................. 27:1

28. General Provisions ................................................................. 28:1 Article I Adoption of Code

FEE SCHEDULE

LEGISLATIVE ENACTMENTS

DISPOSITION LIST

INDEX

Chapter 1

ADMINISTRATION AND GOVERNMENT

[HISTORY: Adopted by the Board of Supervisors of the Township of Beale as indicated in article histories. Amendments noted where applicable.]

ARTICLE I Beale Township Supervisors Compensation

[Adopted 4-5-1993 by Ord. No. 1993-2; amended in its entirety 3-3-2003 by Ord. No. 2003-1]

§ 1-1. Legislative authority.

This article is being adopted pursuant to the authority therefor set forth in § 606 of the Second Class Township Code, 53 P.S. § 65606, and the provisions of § 1601 of the Second Class Township Code, 53 P.S. § 66601, as amended.

§ 1-2. Short title.

This article shall be known and cited as the "Beale Township Supervisors Compensation Ordinance."

§ 1-3. Purpose.

This article is enacted for the purpose of providing for and fixing compensation for Supervisors of Beale Township, Juniata County, Pennsylvania.

§ 1-4. Supervisor compensation.

Each Supervisor of Beale Township who takes office or is appointed on or after December 31, 2003, shall receive compensation at the rate of $100 for each meeting attended with said sum to be paid monthly and which shall not exceed an annual maximum compensation of $1,875.

ARTICLE II Planning Commission

[Adopted 12-7-1998 by Ord. No. 1998-2]

§ 1-5. Authority of enactment. [Amended 6-4-2001 by Ord. No. 2001-1]

This article is enacted pursuant to authority granted by § 10203(d) of the Pennsylvania Municipalities Planning Code, 53 P.S., Act 247 of July 31, 1968, reenacted and amended by Act 170 of December 21, 1988, P.L. 1329.

§ 1-6. Purpose.

The Board of Supervisors desires to organize a Planning Commission for the purpose of aiding with the coordinated development of Beale Township based on physical, social and economic governmental conditions and trends, and to provide for and protect the general welfare and prosperity of its residents.

§ 1-7. Creation of Commission. [Amended 6-4-2001 by Ord. No. 2001-1]

A. The Planning Commission shall consist of three members, each of whom shall be a citizen of Beale Township, Juniata County, Pennsylvania.

B. Note. An elected or appointed officer or a Township employee may serve as a member of the Commission, provided that the other two members shall be citizen members.

§ 1-8. Terms of office. [Amended 6-4-2001 by Ord. No. 2001-1]

The terms of office of the Commission members shall be four years and shall expire on December 31 or until a successor is appointed. The terms of the initial appointees shall be established so that no more than one member shall be reappointed during any future calendar year.

§ 1-9. Initial members.

The names, addresses and terms of office of the initial members of the Planning Commission are as follows: [Here followed the names, addresses and terms of office of the initial members of the Planning Commission].

§ 1-10. Duties of Commission.

A. The Planning Commission at the request of the Board of Supervisors shall have the authority and shall be required to:

(1) Review the existing Comprehensive Plan for the development of Beale Township and present any proposed changes to the Board of Supervisors.

(2) Make recommendations to the Board of Supervisors concerning the adoption or amendment of an official map.

(3) Make recommendations to the Board of Supervisors concerning the adoption or amendment of a zoning ordinance.

(4) Make recommendations to the Board of Supervisors concerning applications submitted pursuant to a subdivision and land development ordinance.

(5) Make recommendations to the Board of Supervisors concerning the adoption or amendment of a building code and a housing code.

(6) Perform such other acts or make studies necessary to fulfill the duties and obligations imposed by the Municipalities Planning Code.

(7) Prepare and present to the Board of Supervisors an environmental study.

(8) Submit to the Board of Supervisors a recommended capital improvements program.

(9) Prepare and present to the Board of Supervisors a water survey, which shall be consistent with the State Water Plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.

(10) Promote public interest in, and understanding of, the Comprehensive Plan and planning.

(11) Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.

(12) Hold public hearings and meetings.

(13) Present testimony before any board.

(14) Require from other departments and agencies of the Township such available information as relates to the work of the Planning Agency.

(15) Enter upon any land to make examinations and land surveys with the consent of the owner in the performance of its functions.

(16) Prepare and present to the Board of Supervisors a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the Township.

(17) Review the zoning ordinance; Chapter 22, Subdivision and Land Development; official map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

B. The Planning Commission may with the consent of the Board of Supervisors accept and utilize any funds, personnel or other assistance made available by the County, the Commonwealth or the Federal government, or any of their agencies, or from private sources. The Board of Supervisors may enter into agreements or contracts regarding the acceptance or utilization of the funds or assistance in accordance with the governmental procedures of the Township.

§ 1-11. Official record.

The Planning Commission shall maintain an official, written record of all of its proceedings. All records and files of the Planning Commission shall be property of the Township.

ARTICLE III Fire Insurance Escrow

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 1-12. Use of fire insurance proceeds.

A. No insurance company, association or exchange (hereinafter "insurer") doing business in the Commonwealth of Pennsylvania 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 Township Treasurer with a certificate pursuant to 508(b) of the Insurance Company Law of 1921 (40 P.S. § 638), (the "Act") and unless there is compliance with the procedures set forth in 508(c) and (d) of the Act.

B. Where there are delinquent taxes, assessments, penalties or user charges against the property ("Township claims"), or there are expenses which the Township has incurred as a cost for the removal, repair or securing of a building or other structure on the property (collectively "Township expenses"), the Township Secretary of the Township shall immediately render a bill for such work, if he has not already done so. Upon written request of the named insured specifying the tax 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 shall furnish a certificate within 14 working days after the request, to the insurer (or at his discretion an oral notice confirmed in writing) either:

(1) Stating that there are no unpaid Township claims or Township expenses against the property.

(2) Specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts.

(3) 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 Subsection B(1) of this section, the insurer shall transfer to the Treasurer an amount from the insurance proceeds sufficient to pay such sums prior to making payment to the named insured, subject to the provisions of Subsection C hereof.

C. When all Township claims and Township expenses have been paid pursuant to Subsection B of this section, or where the Treasurer has issued a certificate described in Subsection B(1) indicating that there are no Township claims or Township 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 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 Treasurer 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 pro rata basis by all insurers insuring the building or other structure.

(3) Upon receipt of the above described portion of the insurance proceeds, the Treasurer shall do the following:

(a) Place the proceeds in a separate fund to be used solely as security against the total Township expenses anticipated by the Township to be required in removing, repairing or securing the building or structure as required by this article. 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; and

(b) Mail to the named insured, at the address received from the insurer, a notice the proceeds have been received by the Township and that the procedures under this subsection 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 Treasurer shall, if such estimate is deemed by the Treasurer to be reasonable, return to the insured the amount of the funds transferred to the Township in excess of that required to pay the Township expenses, provided 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 Township Secretary, for reimbursement to the Township general fund, the amount of the Township 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.

(f) Nothing in this section shall be construed to limit the ability of the Township to recover any deficiency in the amount of Township claims or Township expenses recovered pursuant to this article, or to insurance proceeds, by an action at law or in equity to enforce the codes of the Township 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.

§ 1-13. Limits of liability.

Nothing in this article 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 article or to make this Township, any Township official, a Township or public official 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 article.

§ 1-14. Insurance company rights reserved.

An insurance company, association or exchange making payment of policy proceeds under this article for delinquent taxes or structure removal liens or removal expenses incurred by the Township shall have a full benefit of such payment, including all rights of subrogation and of assignment.

§ 1-15. Construction.

This article 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.

§ 1-16. Notification of Pennsylvania Department of Community and Economic Development.

The Secretary of the Township shall transmit a certified copy of this article promptly to the Pennsylvania Department of Community and Economic Development.

§ 1-17. Violations and penalties.

Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

ARTICLE IV Open Records Policy

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 1-18. General rule.

Unless otherwise prohibited by law, the Township of Beale shall make all public records as defined by the Pennsylvania Open Records Law accessible for inspection and duplication by a requestor in accordance with 65 P.S. § 66.1 et seq. A public record shall be provided to a requestor in the medium requested if the public record exists in that medium; otherwise, it shall be provided in the medium in which it exists, except for the provision in § 1-28B. Public records shall be available for access during the regular business hours of the Township. Nothing in this article shall provide for access to a

record which is not a public record.

§ 1-19. Requests for access to public records.

A. All requests for public records shall be in writing and shall be set forth on the Township Request Form, a sample of which is attached hereto as Exhibit A1 incorporated herein by reference. The form shall include, amongst other things, the requestor's contact information, date received and the specific records requested. Requests may be submitted in person or by mail or fax.

B. Requests must be specific enough for the Township to determine what records are needed.

§ 1-20. Response to requests for access.

A. General rule. Upon receipt of a written request for access to a record, the Township shall make a good faith effort to determine if the record requested is a public record and to respond as promptly as possible under the circumstances existing at the time of the request, but shall not exceed five business days from the date the written request is received by the Township. Except as set forth in Subsection B below, if the Township fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied.

B. Exception.

(1) Upon receipt of a written request for access, the Township will determine if one of the following applies:

(a) The request for access request requires redaction of a public record.

(b) The request for access requires the retrieval of a record stored in a remote location.

(c) A timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations.

(d) A legal review is necessary to determine whether the record is a public record subject to access under 65 P.S. § 66.1 et seq.

(e) The requestor has not complied with the Township's policy regarding access to public records.

(f) The requestor refuses to pay applicable fees set forth in this article.

(2) If one of the above applies, the Township shall send written notice to the requestor within five business days of the Township's receipt of the request notifying the requestor that the request for access is being reviewed, the reason for the review and a reasonable date that a response is expected to be provided. If the date that a response is expected to be provided is in excess of

1. Editor's Note: Exhibit A is included at the end of this chapter.

30 days, following the five business days allowed under Subsection A above, the request for access shall be deemed denied.

C. Denial. If the Township's response is a denial of a written request for access, whether in whole or in part, a written response shall be issued and include:

(1) A description of the record requested.

(2) The specific reasons for the denial, including a citation of supporting legal authority. If the denial is the result of a determination that the record requested is not a public record, the specific reasons for the Township's determination that the record is not a public record shall be included.

(3) The typed or printed name, title, business address, business telephone number and signature of the public official or public employee on whose authority the denial is issued.

(4) Date of the response.

(5) The procedure to appeal the denial of access under 65 P.S. § 66.1 et seq.

§ 1-21. Redaction.

If the Township determines that a public record contains information which is subject to access, as well as information which is not subject to access, the Township's response shall grant access to the information which is subject to access and deny access to the information which is not subject to access. If the information which is not subject to access is an integral part of the public record and cannot be separated, the Township shall redact from the public record the information which is not subject to access, and the response shall grant access to the information which is subject to access. The Township may not deny access to the public record if the information which is not subject to public access is able to be redacted. Information which the Township redacts in accordance with this section shall be deemed a denial under § 1-20C of this article.

§ 1-22. Final Township determination.

A. Filing of exceptions. If a written request for access is denied or deemed denied, the requestor may file exceptions with the Township Secretary of the Township or his or her designee within 15 business days of the mailing date of the Township's response or within 15 days of a deemed denial. The exceptions shall state grounds upon which the requestor asserts that the record is a public record and shall address any grounds stated by the Township for delaying or denying the request.

B. Determination. Unless the requestor agrees otherwise, the Township Secretary of the Township or his or her designee shall make a final determination regarding the exceptions within 30 days of the mailing date of the exceptions. Prior to issuing the final determination regarding the exceptions, the Township Secretary or his or her designee may conduct a hearing. The determination shall be the final order of the Township. If the Township Secretary or his or her designee determines that the Township correctly denied the request for access, the Township Secretary or his or

her designee shall provide a written explanation to the requestor of the reason for the denial.

§ 1-23. Judicial appeal.

A. Within 30 days of a denial by the Township pursuant to § 1-20C of this article, or of the mailing date of a final determination of the Township affirming the denial of access, a requestor may file a Petition for Review or other document as might be required by Rule of Court with the Court of Common Pleas of Juniata County, Pennsylvania, or bring an action in the local magisterial district. A requestor is entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly and concisely states and explains the rationale for the decisions so that all can determine why and how a particular result was reached.

B. Notice. The Township shall be served notice of actions commenced in accordance with Subsection A of this section and shall have an opportunity to respond in accordance with applicable Court rules.

§ 1-24. Fees.

A. The Township may charge the following fees for requests made for access to public records.

(1) Postage. Fees for postage shall be the actual cost of mailing.

(2) Copying. Fees for duplication by photocopying, printing from electronic media or microfilm, copying onto electronic media, transmission by facsimile or other electronic means and other means of duplication shall be the same as the per copy fee set forth in the Township's fee schedule, as amended from time to time by resolution of the Board of Supervisors.

(3) Certification. The fee for official certification of copies, if an official certification is requested by the requestor for the purpose of legally verifying the public record, shall be in an amount as established, from time to time, by resolution of the Board of Supervisors.

(4) Conversion to paper. If a public record is only maintained electronically or in other non-paper media, duplication fees shall be those imposed by Subsection A(2) of this section.

B. The Township may waive the fees for duplication of a public record including, but not limited to, when:

(1) The requestor duplicates the public record.

(2) The Township deems it is in the public interest to do so.

C. Prepayment. Prior to granting a request for access in accordance with this article, the Township may require a requestor to prepay an estimate of the fees authorized under this section if the fees required to fulfill the request are expected to exceed

$100.

D. Limitations. Except as otherwise provided by statute, no other fees may be imposed unless the Township necessarily incurs costs for complying with the request, and such fees must be reasonable. No fee may be imposed for the Township's review of a record to determine whether the record is a public record subject to access in accordance with 65 P.S. § 66.1 et seq.

§ 1-25. Township contact.

The person at the Township to whom all record requests should be addressed shall be.

Susan D. Sieber Township Secretary Township of Beale R.R. 2, Box 826 Port Royal, Pennsylvania 17082 (717) 436-8397

§ 1-26. Business hours.

The regular business hours of the Township shall be Monday through Friday by appointment with the Township Secretary.

§ 1-27. Responsibility for exceptions filed for denial of records.

The individual at the Township who shall receive and respond to exceptions filed when a record is denied and the requestor disagrees with the denial shall be the Township Secretary.

§ 1-28. Limit; availability; posting of policy.

A. The Township shall not ask for or require a purpose or motive for requesting a particular record and shall not limit the number of public records that may be requested.

B. If the record is only kept in electronic form, the Township shall make it available in paper on request.

C. The Township will not create a record that does not exist or put a document into a format that does not exist, except for Subsection B above.

D. This policy shall be posted prominently at the Township municipal building.

ADMINISTRATION AND GOVERNMENT

1 Attachment 1:1 02 - 15 - 2008

1 Attachment 1

Township of Beale

Public Record Request Form Exhibit A

Upon receipt of a written request for access to a record, the Township of Beale shall make a good faith effort to determine if the record requested is a public record and to respond as promptly as possible under the circumstances existing at the time of the request, but shall not exceed five business days from the date the written request is received. If the Township fails to send the response within five business days of receipt of the request for access, the written request for access shall be deemed denied. Exceptions to the five-day-response period will be made, up to 30 additional days, for the following reasons: A. Redaction of a public record is requested. B. Retrieval of a record stored in a remote location. C. Bona fide and specified staffing limitations. D. A legal review is necessary to determine whether the record is a public record subject to

access under 65 P.S. § 66.1 et seq. E. Requestor has not complied with policy regarding access to records. F. Requestor refuses to pay applicable fees set forth. (Cost per copy is $____________) Please print or write legibly (use back if more room is needed). Date of request ________________________ Phone/Fax # ________________________ Name of Requestor ___________________________________________________________ Address ____________________________________________________________________ Records requested: ____________________________________________________________ ___________________________________________________________________________

___________________________________________________________________________

Chapter 2

(RESERVED)

Chapter 3

(RESERVED)

Chapter 4

BUILDINGS


ARTICLE I Assessment Permits

[Adopted 11-8-2005 by Ord. No. 2005-1]


The article is adopted pursuant to Section 1506 (53 P.S. § 66506), Section 1601 (53 P.S. § 66601) and Section 3210 (53 P.S. § 68210) of the Second Class Township Code of Pennsylvania, as amended, and Section 2 (53 P.S. § 6902) of the Local Tax Enabling Act, as amended.


This article shall be known as the “Assessment Permit Ordinance” of Beale Township, Juniata County, Pennsylvania.

§ 4-3. Statement of intent.

The intent of this article is to require landowners within the Township to inform the Township of all improvements made to real estate so that the Township can maintain accurate tax assessment records.

§ 4-4. Applicability.

Hereafter it shall be unlawful for any landowner or legal entity including but not limited to persons, partnerships, sole proprietorships or corporations owning any real estate within the Township in any way shape or form to undertake or cause to be undertaken any of the following activities within the Township without having first obtained an Assessment Permit from the Township. The activities requiring the issuance of an Assessment Permit are as follows:

A. Erection of a carport, detached private garage or other out building, greenhouse or shed where the total square footages is in excess of 100 square feet;

B. Construction of fences that are more than six feet in height;

C. Construction of retaining walls in excess of four feet in height measured from the lowest level of grade to the top of the wall and for those under four feet in height is supporting a surcharge or impounding Class I, II or III — A liquids;

D. Construction of water tanks supported directly upon grade;

E. Construction of sidewalks and driveways that are 30 inches or more above grade or that are located over a basement or story below it;

F. Construction of prefabricated swimming pools which are 24 inches or more in depth or which exceed 5,000 gallons capacity;

G. All in-ground pools unless covered by the Uniform Construction Code;

H. Erection of shade cloth structures constructed for nursery or agricultural purposes;

I. Installation of electrical equipment used for radio and television transmissions to the extent that same are not covered by the Uniform Construction Code;

J. Replacement of existing siding;

K. Installation of an uncovered deck;

L. Any activity involving the cutting away of a wall, partition or portion of a wall; the removal or cutting of any structural beam or load-bearing support; the removal or change of any required means of egress or rearrangement of parts of a structure affecting egress requirements; the addition to, alteration of, replacement or relocation of any stand pipe, water supply, sewer, draining, drain leader, gas, soil, waste, vent or similar piping, electric wiring.

§ 4-5. Application procedures and permit issuance.

A. Application for an Assessment Permit1 shall be made in writing to the Township Secretary on the same forms presently used by the Township for issuance of Building Permits required under the Uniform Construction Code. Such application shall contain at a minimum all of the following:

(1) Name and address of the applicant.

(2) Name and address of the owner of the land on which the proposed construction is to occur.

(3) Name and address of the contractor.

(4) Site location.

(5) Brief description of proposed work and estimated costs.

(6) A plan of the site showing the size and location of the proposed construction as well as any existing buildings or structures, with setback dimensions.

B. On submission of the application to the Township Secretary they shall verify the completeness thereof; they shall determine that the proposed work to be undertaken will be in conformance with the requirements of all state and local laws then in effect; they shall verify with the Township's Uniform Construction Code

1. Editor's Note: The Assessment Permit application is included at the end of this chapter.

administrator the inapplicability of the Uniform Construction Code to the activity described in the permit; and they shall obtain the review and signature of not less than one member of the Board of Supervisors of Beale Township. The Township Secretary shall complete the above within 15 days of receipt of the application and in the event the application is rejected for any reason they shall notify the applicant in writing within said fifteen-day period of the specific reasons for rejection. Failure of the Secretary to act within said fifteen-day period shall be deemed an approval of the application.

C. After issuance of an assessment permit, 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 Township.

§ 4-6. Start of construction.

Work on the proposed construction shall begin within six months from the date of issuance of the assessment permit and shall be completed in 12 months from the issuance of the assessment permit. Thereafter the assessment permit is null and void and does not provide authorization to complete the project for which the permit was issued. For purposes of this article, construction shall be conclusively presumed to have started on the 31st day following issuance of the permit.

§ 4-7. Exclusions.

No permit shall be required under this article for any activity for which a landowner or other legal entity must obtain a Building Permit under the provisions of the Uniform Construction Code, as amended.

§ 4-8. Fees.

Initially, the fee for issuance of a permit under this article shall be $50. Hereafter this fee may be modified by resolution duly adopted by the Board of Supervisors of Beale Township. The fee shall be paid on submission of the application to the Township Secretary and shall be nonrefundable.

§ 4-9. Abrogation and greater restrictions.

This article supersedes any provisions currently in effect. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.

§ 4-10. Municipal liability.

The Township hereby expressly excludes any and all warranties either express or implied as to the adequacy of the design, materials, labor or any other thing used by the applicant for the assessment permit in the completion of the projects regulated hereby. The applicant does hereby agree that they will forever indemnify and hold the Township harmless from any and all actions, causes of actions, claims, demands of whatsoever kind and nature that may hereafter be asserted by anyone against the Township as a result of

claims arising out of the projects which permits have been issued by the Municipality hereunder.


Any landowner or legal entity who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Township or any other authorized employee of the Municipality shall be guilty of a summary offense and, upon conviction, shall be fined not less than $100 nor more than $300 plus costs of prosecution. Each day that a violation continues after written notice of the violation has been provided by the Municipality to the landowner or legal entity committing the violation shall be deemed a separate violation subject to additional penalty as established hereinabove. In addition, the Township also reserves the right to pursue any and all lawful civil actions against violators in order to enforce this article, and in the event any such civil proceedings shall be instituted by the Municipality and be successfully prosecuted against any landowner or legal entity committing the violation then said Municipality shall be entitled as additional damages an amount equal to all attorneys' fees and court costs incurred in pursuit of and conclusion of the civil action.

ARTICLE II Numbering of Lots, Buildings and Structures

[Adopted 4-2-1990 by Ord. No. 1990-1]


This article shall be known and cited as the "Beale Township Structures Numbering Ordinance."

§ 4-13. Purpose.

This article is enacted for the purpose of requiring all lots, buildings and structures in the Township to be numbered in accordance with a systematic plan.

§ 4-14. Township chart.

The Township Secretary shall keep a chart showing the house, proper parcel or building number of every lot in the Township, which chart shall be open to inspection by anyone interested.

§ 4-15. Numbers on principal structures.

It shall be the duty of the owners or occupants of every principal house, building or structure in the Township to have placed thereon, in a place visible from the street or road, figures at least three inches high, showing the number of the structure.

§ 4-16. Violations and penalties. [Amended 12-10-2007 by Ord. No. 2007-1]

Any person, firm or association failing to so number any house, building or other

occupied structure, or if after receiving notice to do so from the Township Secretary, shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offerings under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $1 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.

ARTICLE III Prohibiting Dangerous Structures

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 4-17. Definitions.

A. As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BUILDING — An independent structure having a roof supported by columns or walls resting on its own foundation and includes dwelling, garage, barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse, school or similar structure.

DANGEROUS BUILDING — All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:

(1) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

(2) Those which, exclusive of the foundation, show damage or deterioration to 33% of the supporting member or members, or damage or deterioration to 50% of the nonsupporting enclosing or outside walls or covering.

(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have sufficient strength to be reasonably safe for the purpose used.

(4) Those which have been damaged by fire, wind or other causes so as to be dangerous to life, safety or the general health and welfare of the occupants or the public.

(5) Those which are so damaged, dilapidated, decayed, unsafe, unsanitary, vermin infested or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein.

(6) Those which have parts thereof which are so attached that they may fall and injure property or members of the public.

(7) Those which lack illumination, ventilation or sanitation facilities or because of another condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the occupants or the public.

(8) Those which because of their location are unsanitary, or otherwise dangerous, to the health or safety of the occupants or the public.

(9) Those existing in violation of any provision of the Building Code, Fire Prevention Code or other ordinances of the Township.

DWELLING — Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT — Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.

EXTERMINATION — Control and elimination of insects, rodents or other pests by eliminating their harborage places, removing or making inaccessible, materials that may serve as their food, poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods.

GARBAGE — Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

INFESTATION — Presence, within or around a dwelling, of any insects, rodents or other pests.

OWNER — Person who, alone or jointly or severally with others:

(1) Shall have legal title to any dwelling, or dwelling unit, with or without accompanying actual possession thereof.

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and with rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

PERSON — Any individual, firm, corporation, association or partnership, or other legal entity.

PROPERTY — A piece, parcel, lot or tract of land.

RUBBISH — Combustible and noncombustible waste materials, except garbage, including residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

STRUCTURE — Anything constructed or erected with a fixed or ascertainable location on the ground or in water, whether or not affixed to the ground or anchored in the water, including buildings, walls, fences, platforms, docks, wharves, billboards, signs and walks.

B. Whenever the words "dwelling," "dwelling unit" or "premises" are used in this article, they shall be construed as though they were followed by the words "or any

part thereof."

§ 4-18. Dangerous buildings declared nuisances.

All dangerous buildings within the terms of § 4-17 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.

§ 4-19. Standards for repair, vacation or demolition.

The following standards shall be followed in substance by the Chairman of the Board of Supervisors of the Township or his designee in ordering repair, vacation or demolition:

A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered to be repaired.

B. If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, or the public and is so placarded, it shall be ordered to be vacated within such length of time, not exceeding 30 days, as is reasonable.

C. No dwelling or dwelling unit which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Chairman of the Board of Supervisors or his designee. The Chairman of the Board of Supervisors or his designee shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.

D. If a dangerous building is 50% or more damaged or decayed, or deteriorated from its original condition; if a dangerous building cannot be repaired, so that it will no longer exist in violation of the terms of this article' or if a dangerous building is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the Township or statute of the Commonwealth of Pennsylvania, it shall be ordered to be demolished, provided that the cost of repairs to rectify or remove the conditions constituting the nuisance exceed 50% of the market value of the building at the time demolition is proposed.

§ 4-20. Duties of Chairman of Board of Supervisors.

A. The Chairman of the Board of Supervisors or his designee shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 4-17 above.

B. Whenever an inspection discloses that a dwelling, building or structure has become a public nuisance, the Chairman of the Board of Supervisors or his designee shall issue a written notice to the person or persons responsible therefor. The notice:

(1) Shall be in writing.

(2) Shall include a statement of the reasons it is being issued.

(3) Shall state a reasonable time to rectify the conditions constituting the nuisance

or to remove and demolish the dwelling, building or structure.

(4) Shall be served upon the owner, or his agent, or the occupant, as the case may require:

(a) Except in emergency cases and where the owner, occupant, lessee/or mortgagee is absent from the Township, all notices shall be deemed to be properly served upon the owner, occupant or other person having an interest in the dangerous building, if a copy thereof is served upon him personally, or if a copy thereof is posted in a conspicuous place in or about the structure affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of the Commonwealth.

(b) Except emergency cases, in all other cases where the owner, occupant, lessee or mortgagee is absent from the Township, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant and all other persons having an interest in said building, as shown by the records of the County Recorder of Deeds, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.

(5) May contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with the rules and regulations adopted pursuant thereto.

C. The Chairman of the Board of Supervisors or his designee shall appear at all hearings conducted by the Board of Supervisors and testify as to the condition of dangerous buildings.

§ 4-21. Hearings.

A. A. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Board of Supervisors, provided that such person shall file with the Township Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Township Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed.

B. After such hearing the Board of Supervisors shall sustain, modify or withdraw the notice. If the Board of Supervisors sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed with the Township

Secretary within 10 days after such notice is served.

C. Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Judicial Code, Title 42, Pa.C.S.

§ 4-22. Removal of notice prohibited.

No person shall remove or deface the notice of dangerous building, except as provided in § 4-19C of this article.

§ 4-23. Emergency cases.

Whenever the Chairman of the Board of Supervisors or his designee finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Chairman of the Board of Supervisors or his designee shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, the Chairman of the Board of Supervisors or his designee shall continue such order in effect, or modify or revoke it. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided herein for other cases.

§ 4-24. Abatement by Township; cost; penalty.

If the owner, occupant, mortgagee or lessee fails to comply with the order of the Chairman of the Board of Supervisors or his designee within the time specified in the notice issued by him and no petition for a hearing is filed within 10 days thereafter, or following a hearing by the Board of Supervisors where the order is sustained thereby, the Chairman of the Board of Supervisors or his designee shall cause such building or structure to be repaired, vacated or demolished, as determined by the Board of Supervisors in accordance with the standards hereinbefore provided. The Township may collect the cost of such repair, vacation or demolition together with a penalty of 10% of such cost, in the manner provided by law. Or the Township may seek injunction relief in a court of competent jurisdiction pursuant to the rules of civil procedure.


Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

BUILDINGS

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4 Attachment 1

BEALE CODE

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BUILDINGS

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Chapter 5

CODE ENFORCEMENT


ARTICLE I Uniform Construction Code

[Adopted 6-21-2004 by Ord. No. 2004-1]


This article is adopted pursuant to the authority granted to the Board of Supervisors of Beale Township by §§ 1506, 1517, 1518 and 1527 of the Second Class Township Code (53 P.S. § 65101 et seq.) and the Pennsylvania Construction Code Act (35 P.S. § 7210.101 et seq.) and the regulations adopted thereunder and as may be amended from time to time.

§ 5-2. Local enforcement option.

This Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act of November 10, 1999, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations, as amended from time to time.

§ 5-3. Adoption of standards.

The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, inclusive, and as amended, from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Board of Supervisors of Beale Township, Juniata County, Pennsylvania.

§ 5-4. Administration and enforcement.

Administration and enforcement of the Code within this Township shall be undertaken in any of the following ways as determined by the governing body of this Township, from time to time, by resolution.

A. By the designation of an employee of the Township to serve as the Township Code Official to act on behalf of the Township.

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township. On adoption of this initial article this Township has contracted with Commonwealth Code Inspection Service, Inc., as a third-party agency to act on behalf of the Township with respect to administration and enforcement of this article. Any changes in this designation shall be by resolution

adopted by the Board of Supervisors of this Township.

C. By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.

D. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Township.

E. By entering an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

§ 5-5. Board of Appeals.

A Board of Appeals shall be established by resolution of the Board of Supervisors of this Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. At any time, if enforcement and administration is undertaken jointly with one or more municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.

§ 5-6. Effect on prior provisions.

The following shall apply as to existing building code ordinances or portions of ordinances, if any, heretofore adopted by the Board of Supervisors of Beale Township, Juniata County, Pennsylvania.

A. All building code ordinances or portions of ordinances which were adopted by this Township on or before July 1, 1999, and which equal or exceed the requirements of the Code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.

B. All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.

C. All relevant ordinances, regulations and policies of this Township not governed by the Code shall remain in full force and effect.

§ 5-7. Fees.

Fees assessable by the Township for the administration and enforcement undertaken pursuant to this article and the Code shall be established by the Board of Supervisors, by resolution from time to time.


Any individual, firm or corporation that violates any provision of this article commits a

summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs. Each day that a violation of this article continues shall be considered a separate violation. All penalties collected shall be forwarded to Beale Township, Juniata County, Pennsylvania.

Chapter 6

CONDUCT


ARTICLE I Protection of Public Property

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 6-1. Definitions; interpretation.

A. As used in this article, the following terms shall have the meanings indicated:

PERSON — Any individual, corporation, partnership, association, firm or other legal entity.

B. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 6-2. Tampering with public property prohibited.

No person shall destroy, injure, tamper with or deface any public property of the Township, or any grass, walk, lamp, ornamental work, building or streetlight on or in any of the streets, alleys, sidewalks or public grounds in the Township.

§ 6-3. Tampering with stakes, posts and monuments prohibited.

No person shall in any manner interfere or meddle with, or pull, drive, change, alter or destroy any stake, post, monument or other marking, made, placed or set, or hereafter made, placed or set, or caused to be done by the authorities of the Township, to evidence the location, elevation, line, grade, corner or angle of any public street, alley, sidewalk, curb, gutter, drain or other public work or thing.

§ 6-4. Tampering with warning lamps, signs or barricades prohibited.

No person shall destroy, remove, deface, obliterate or cover up any lamp, sign or barricade erected as a warning of danger by the authorities of the Township or by any person doing work by permission of the authorities of the Township on any of the streets, alleys, sidewalks or bridges in the Township or on any public grounds of the Township, within or without the Township.

§ 6-5. Removal of material from streets, alleys or public grounds prohibited.

No person shall take any earth, stone or other material from any street, alley or public grounds in the Township.

§ 6-6. Deposit of harmful substances on streets, alleys, sidewalks or public grounds prohibited.

No person shall pour, throw or deposit any harmful or destructive substance or matter on any street, alley, sidewalk or public grounds in the Township.

§ 6-7. Exceptions.

This article shall not apply to normal activities in connection with construction, maintenance and repair of streets, alleys, sidewalks and public grounds and the structures and fixtures located thereon or therein, or to incidental results of work done thereon or therein upon permit from or by authority of the Township.


Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of the article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

Chapter 7

(RESERVED)

Chapter 8

(RESERVED)

Chapter 9

GRADING AND EXCAVATING


ARTICLE I Control of Soil Erosion, Sedimentation and Grading

[Adopted 12-10-2007 by Ord. No. 2007-1]


This article shall be known and may be cited as the "Soil Erosion, Sedimentation and Grading Control Ordinance," implementing Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department of Environmental Protection, Subpart C, Protection of Natural Protection, Article II, Water Protection, Chapter 102, Erosion and Sediment Control.

§ 9-2. Purposes.

The purposes of this article are to regulate the modification of the natural terrain, the alteration of drainage and to provide for certain erosion and sediment control measures within the Township to assure and safeguard health, safety, ecology and the general welfare in the Township.

§ 9-3. Scope.

From and after the effective date of this article, any subdivision and/or land development approved under the subdivision and land development or zoning ordinances, or activity qualified under §§ 9-5 and 9-6 herein, shall be in conformity with this article. In the event of a conflict between this article and floodplain regulations, the floodplain regulations shall take precedence.


As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

ALLUVIAL SOILS — An agonal great group of soils, developed from transported and relatively recently deposited material (alluvium), characterized by a weak modification (or none) of the original material by soil-forming processes.

CUT AND/OR FILL — Process of earthmoving by excavating part of an area and/or using excavated material for embankments or fill areas.

EROSION

A. The wearing away of the land surface by running water, wind, ice, chemical or other geological agents.

B. Detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADE

A. The slope of a road, channel or natural ground.

B. The finished surface of a canal bed, roadbed, top of embankment or bottom of excavation; any surface prepared for the support of construction like paving or laying a conduit.

C. To finish the surface of a canal bed, roadbed, top of embankment or bottom or excavation.

RUNOFF (HYDRAULICS) — That portion of the precipitation on a drainage area or watershed that is discharged from the area in stream channels; types include surface runoff, groundwater runoff or seepage.

SEDIMENT — Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface either above or below sea level.

SLOPE — Degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SOIL DRAINAGE — A condition of the soil, referring to the frequency and duration of periods when the soil is free of saturation.

WATERCOURSE — A natural drainage route or channel for the flow of water.

§ 9-5. General requirements.

Whenever the landscape is to be permanently disturbed as to either contours, soil or slope characteristics, or vegetation or any ground cover is to be permanently removed, a plan is required showing how resulting erosion and sediment shall be controlled. This plan shall include the following:

A. The amount of site alteration proposed.

B. Development schedule.

C. Erosion and sediment control practices (both temporary and permanent) and the operation and maintenance arrangements.

§ 9-6. Activities requiring grading permit.

The following activities require a grading permit:

A. Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of stormwater.

B. Construction, erection or installation of any drainage dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any premises.

C. Paving, filling, stripping, excavating, grading or regrading of any land.

D. Disturbing the landscape, vegetation or any ground cover by any proposal involving an area in excess of 5,000 square feet.

§ 9-7. Activities requiring no grading permit.

The following activities require no grading permit:

A. Improvements, such as erection of retaining walls, driveway paving, minor regrading or activities on a property which do not adversely affect the natural overland or subsurface flow of stormwater, drainage of any premises, or adversely disturb the landscape, in a gross area of up to 25 acres on any one property.

B. Farming, gardening or lawn restoration, but not including sod farming.

§ 9-8. Application for permit.

A. Any person, firm or corporation proposing to engage in an activity requiring a grading permit hereunder shall apply by the submission of a plan.

B. The applicant should, before submitting a preliminary plan for review, consult the floodplain regulations and Chapter 22, Subdivision and Land Development, which regulate the development of land in the Township.

C. A separate plan shall be required for each grading permit.

D. Five copies of the proposed plan including specifications and development schedules shall be submitted to the Roadmaster for a grading permit. The Roadmaster shall forward one copy of the plan to the Planning Commission and one copy to the Juniata County Sewage Committee.

E. The plan for a grading permit shall be accompanied by a fee established in the Board of Supervisors schedule of fees and collection procedure for all applications and other matters pertaining to Chapter 22, Subdivision and Land Development, and this article.

§ 9-9. Data required on plan.

The plan for a grading permit shall include:

A. A valid boundary line survey of the site on which the work is to be performed.

B. A description of the features, existing and proposed, surrounding the site which are of importance to the proposed development.

C. A plan of the general topography (including drainage) and soil conditions on the site (latter available through the County Conservation District).

D. The location and a description of existing and future man-made features of

importance to the proposed development (i.e., cuts and/or fills, buildings, roads and driveways).

E. Plans and specifications of soil erosion and sediment control measures in accordance with standards and specifications of the Township and the County Conservation District.

F. A development schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.

§ 9-10. Special requirements.

In addition to the requirements of § 9-9 above, and where deemed necessary by the Board of Supervisors, the Planning Commission or Juniata County Sewage Committee, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the Commonwealth. This study shall include:

A. A plan of the property showing the location of all present and proposed ditches, streams, pipes and other drainage structures, and proposed cuts and/or fills. In addition to showing present elevations and dimensions, and location and extent of all proposed grading and/or drainage, the plan shall clearly indicate all woodlands, buildings, parking areas and driveways. Further, the plan shall indicate the present and proposed sources, storage and disposition of water being channeled through or across the premises, together with elevations, gradients and maximum flow rates. The plan shall describe the work to be performed and disposition of cut and/or fill, the materials to be used and the manner or method of performance including provisions for protecting and maintaining existing drainage facilities whether on public or private property. The applicant shall also supply the supporting data for the plan as developed by the engineer.

B. Calculations to determine runoff, which shall be based on the Soil-Cover Complex Method, a description of which is available from the U.S.D.A. Soil Conservation Service and outlined in the Erosion and Sediment Control Handbook, Juniata County, Pennsylvania.

(1) The design criteria for storm sewer piping on inlet systems within a subdivision being developed shall be designed for a twenty-five-year frequency storm; culverts across roadways shall be designed for a fifty-year frequency storm; open watercourses or swales shall be designed for a one-hundred-year frequency storm as prescribed in accordance with the following:

(a) The coefficient of runoff used for all areas upstream of any drainage structure shall be computed on the basis of existing land use and the projected land use described and shown on the Township Comprehensive Plan, and adjacent municipalities' comprehensive plans, where applicable.

(2) The following provisions apply to the carrying and disposal of stormwater

runoff:

(a) All drainage facilities shall be designed to carry surface water in such a manner as to prevent erosion or overflow.

(b) The applicant shall agree to the granting and recording of easements covering the installation and maintenance of drainage facilities.

(c) The rate of runoff shall be no greater during and after a one-hundred-year frequency storm when the development is completed than that which existed before the development began and appropriate measurements of calculations shall be provided to verify such provisions.

C. A soils investigation report, if load-bearing fill is proposed, which shall consist of test borings, laboratory testings and engineering analysis to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report by a registered professional soils engineer and shall include: data regarding the nature, distribution and supporting ability of existing soils and rocks on the site, conclusions and recommendations to insure stable soil conditions and groundwater control as applicable. The Township may require such supplemental reports and data as is deemed necessary by the Township Engineer. Recommendations included in such reports and approved by the Township Engineer shall be incorporated in the plan or specifications. In addition:

(1) Fills toeing out on natural slopes steeper than four horizontal to one vertical shall not be made unless a report is received which is deemed acceptable by the Township Engineer and approved by the Board of Supervisors. The report shall be made by a registered professional soils engineer certifying that he has investigated the property, made soils tests and that in his opinion such steeper slopes will safely support the proposed fill.

(2) Natural and/or existing slops exceeding five horizontal to one vertical shall be benched or continuously stepped into competent materials prior to placing all classes of fill.

§ 9-11. Approval.

Upon the approval of the plan by the Board of Supervisors, the Roadmaster shall issue the necessary grading permit.

§ 9-12. Standards for issuance of grading permit.

A. Notwithstanding any provision of this article or any condition of the grading permit, the permittee is responsible for the prevention of damage to other property or personal injury which may be effected by the activity requiring a grading permit.

B. No person, firm or corporation shall modify, fill, excavate, pave, grade or regrade land in any manner so close to a property line as to endanger or damage any

adjoining street, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment, flooding or any other physical damage or personal injury which might result.

C. No person, firm or corporation shall deposit or place any debris or any other material whatsoever, or cause such to be thrown or placed, in any drainage ditch or drainage structure in such a manner as to obstruct free flow.

D. No person, firm or corporation shall fail to adequately maintain, in good operating order, any drainage facility on his premises. All drainage ditches, culverts, drain pipes and drainage structures shall be kept open and free-flowing at all times.

E. The owner of any property on which any work has been done pursuant to a grading permit granted under this article shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover, installed or completed. The Township is responsible for maintenance and repair within the right-of-way of municipal roads.

F. All graded surfaces shall be permanently seeded, sodded and/or planted or otherwise protected from erosion within 30 days, weather permitting, and shall be tended and/or maintained until growth is well established. The disturbed area and duration of exposure shall be kept to a minimum using temporary erosion and sediment control measures immediately, as outlined in the Erosion and Sediment Control Handbook, Juniata County, Pennsylvania.

G. All trees in an area of extreme grade change shall be protected with suitable tree wells, unless the necessity for removal is established. Precautions shall be taken to prevent the unnecessary removal of trees.

H. When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Township Engineer.

I. All plans and specifications submitted for a grading permit shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control. The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by the County Soil Conservation District as adopted from standards and specifications of the United States Soil Conservation Service, and as outlined in the Erosion and Sediment Control Handbook, Juniata County, Pennsylvania.

(1) Technical standards for the design and installation of erosion and sediment control measures are on file with the Township, the office of the County Conservation District and other governmental agency offices.

(2) Standards and specifications adopted for the purposes of this article and by the County Conservation District include, but are not limited to, the following basic conservation measures:

(a) Temporary cover on critical areas.

(b) Permanent grass and legume cover for critical areas on prepared seedbed.

(c) Permanent grass and legume cover for critical areas on unprepared seedbed.

(d) Sodding.

(e) Mulching.

(f) Temporary diversion.

(g) Permanent diversion.

(h) Grassed waterway or outlet.

(i) Grade stabilization structure.

(j) Debris basin.

(k) Drain.

(l) Drainage mains or laterals.

J. A quality control program is critical for fills; therefore, wherever fill material is to be used, the person, firm, or corporation shall be responsible for testing to determine its dry density as per ASTM D1556. The density of each layer shall be not less than 95% of maximum density as determined by ASTM D1557.

(1) Inspection procedure shall follow the general procedure as stated in § 9-13 below.

(2) Compaction test reports shall be kept on file at the site and be subject to review at all times.

(3) Degree of compaction required shall be determined by the Township Engineer following the guidelines in this section.

§ 9-13. Inspection procedures.

A. All inspections shall be the responsibility of the Township Engineer or, in his absence, a qualified person acceptable to the Township Engineer and the Township.

B. Inspections will be carried out on a random basis except as stated below. However, a set of as-built plans shall be on file at the site and authenticated by a registered professional engineer. When it is deemed acceptable to the Township a designated qualified person may authenticate the as-built plans and will assume full responsibility for the quality of work.

C. Any and all as-built plans shall be available on the site at all times and be subject to inspection and inquiry.

D. Engineering check notes shall accompany all as-built plans which involve structural or mechanical measures and shall serve as supporting evidence that structures meet

design standards and specifications specified herein.

E. A final inspection shall be conducted by the Township to certify compliance with this article. Satisfactory compliance with this article shall be necessary before issuance of an occupancy or use permit.

§ 9-14. Costs of inspection.

Permittees shall bear all costs of inspections required or permitted hereunder and shall deposit with the Township such sum as the Board of Supervisors shall determine, to guarantee payment of the costs of such inspections. The costs of inspections shall be in accordance with the established schedule of fees and collection procedure for matters pertaining to this article.

§ 9-15. Fees.

The fee for a grading permit shall be fixed by the Board of Supervisors pursuant to resolution.



§ 9-17. Remedy of violation.

In addition to the penalties as set forth in § 9-16 above, any movement of the landscape, vegetation or any ground cover performed in violation of this article shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section the Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure.


9 Attachment 1:1 02 - 15 - 2008

9 Attachment 1

BEALE CODE

9 Attachment 1:2 02 - 15 - 2008


9 Attachment 1:3 02 - 15 - 2008

Chapter 10

HEALTH AND SAFETY


ARTICLE I Storage of Vehicles on Private Property

[Adopted 12-10-2007 by Ord. No. 2007-1]



LESSEE — Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.

MOTOR VEHICLE — Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.

NUISANCE — Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Township.

OWNER — The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.

PERSON — A natural person, firm, partnership, association, corporation or other legal entity.

B. In this article, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.

§ 10-2. Motor vehicle nuisances prohibited.

It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Township. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:

A. Broken windshields, mirrors or other glass, with sharp edges.

B. One or more flat or open tires or tubes which could permit vermin harborage.

C. Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.

D. Any body parts with sharp edges including holes resulting from rust.

E. Missing tires resulting in unsafe suspension of the motor vehicle.

F. Upholstery which is torn or open which could permit animal and/or vermin harborage.

G. Broken head-lamps or tail-lamps with sharp edges.

H. Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.

I. Protruding sharp objects from the chassis.

J. Broken vehicle frame suspended from the ground in an unstable manner.

K. Leaking or damaged oil pan or gas tank which could cause fire or explosion.

L. Exposed battery containing acid.

M. Inoperable locking mechanism for doors or trunk.

N. Open or damaged floor boards including trunk and firewall.

O. Damaged bumpers pulled away from the perimeter of vehicle.

P. Broken grill with protruding edges.

Q. Loose or damaged metal trim and clips.

R. Broken communication equipment antennae.

S. Suspended on unstable supports.

T. Such other defects which could threaten the health, safety and welfare of the citizens of the Township.

§ 10-3. Storage of motor vehicle nuisances permitted.

A. Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 10-2 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended.

B. With the special approval of the Board of Supervisors motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept

free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed one acre.

C. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Township ordinances.

§ 10-4. Inspection of premises; notice to comply.

A. The Roadmaster is hereby empowered to inspect private property on which motor vehicles are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he 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.

B. Said notice shall specify the condition or structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

§ 10-5. Authority to remedy noncompliance; cost.

If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 10-6. Hearing.

A. Any person aggrieved by the decision of the Roadmaster may request and shall then be granted a hearing before the Board of Supervisors, provided that he files, within the Board of Supervisors within 10 days after notice of the Roadmaster decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.

B. After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the Roadmaster.


Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of

Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

§ 10-8. Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.

ARTICLE II Open Storage of Unused or Unusable Personal Property

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 10-9. Definitions; word usage.


LESSEE — Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.

NUISANCE — Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Township.

OWNER — The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association or corporation.

PERSON — A natural person, firm, partnership, association, corporation or other legal entity.

B. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 10-10. Storage of nuisances prohibited.

It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:

A. Broken glass or metal parts with sharp or protruding edges.

B. Containers which are conducive to the harboring and growth of vermin or animals.

C. Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.

D. Containers of any liquid or material of a hazardous or potentially hazardous nature including, but not limited to, gasoline, oil, battery acids, refrigeration agents and

poisons.

E. Any other condition which shall threaten the health, safety or welfare of the citizens.

F. Refrigerators with the doors remaining attached.

§ 10-11. Storage requirements.

A. Storage of such items as listed in § 10-10 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in State or Federal laws. Each person, owner or lessee desiring to store items described in § 10-10 shall apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Board of Supervisors. Such nuisance(s) must be stored within a garage or other enclosed building or, outside, within an opaque fence at least six feet high which is locked at all times when unattended.

B. With the special approval of the Board of Supervisors nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the appliances, machinery, equipment or construction materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed one acre.

C. Nothing herein shall be construed to permit the storage of appliance, machinery, equipment, or material nuisances contrary to the provisions of Township ordinances.

§ 10-12. Inspection of premises; notice to comply.

A. The Roadmaster is hereby empowered to inspect private property on which appliances, machinery, equipment and/or various construction materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a danger to the health, safety or welfare of the public, he 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.

B. Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

§ 10-13. Authority to remedy noncompliance; cost.

If the owner of property on which appliances, machinery, equipment and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 10-14. Hearing.

A. Any person aggrieved by the decision of the Roadmaster may request and shall then be granted a hearing before the Board of Supervisors, provided that he files with the Board of Supervisors within 10 days after notice of the Roadmaster decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.

B. After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the Roadmaster.



§ 10-16. Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.

Chapter 11

(RESERVED)

Chapter 12

(RESERVED)

Chapter 13

(RESERVED)

Chapter 14

(RESERVED)

Chapter 15

MOTOR VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Board of Supervisors of the Township of Beale 12-10-2007 by Ord. No. 2007-1. Amendments noted where applicable.]

ARTICLE I General Regulations

§ 15-1. Definitions and interpretation.

A. Words and phrases, when used in this chapter, except for sections or articles to which different or additional definitions apply, shall have the meanings ascribed to them in the Vehicle Code (the Act of June 17, 1976, P.L. 162 No. 81), as amended, except that, in this chapter, the word "street" may be used interchangeably with the word "highway," and shall have the same meaning as the word "highway" as defined in the Vehicle Code.

B. The term "legal holidays" as used in this chapter shall mean and include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

C. In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

D. Although the streets in the Township run generally in a north-south and an east-west direction, for the purpose of this chapter, Buffalo Street and the street running parallel or generally parallel to Buffalo Street shall be deemed to run in a north-south direction, and Bird Drive and the streets parallel or generally parallel to Bird Drive shall be deemed to run in an east-west direction.

§ 15-2. Manner of adopting permanent traffic and parking regulations.

All traffic and parking regulations of a permanent nature shall be enacted as ordinances, as parts of ordinances, as amendments to ordinances, or as amendments to this chapter, except where the law specifically authorizes less formal action.

§ 15-3. Provisions to be continuation of existing regulations.

The provisions of this chapter, so far as they are the same as those of ordinances and regulations in force immediately before the enactment of this chapter, are intended as a continuation of those earlier ordinances and regulations, and not as new enactments. Nothing in this chapter shall affect any act done or liability incurred, or any suit or prosecution pending or to be instituted under any of those repealed or superseded ordinances or regulations.

§ 15-4. Temporary and emergency regulations.

A. The Emergency Management Coordinator shall have the following powers to regulate traffic and parking temporarily and in time of emergency:

(1) In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking regulations; and

(2) In the case of emergency or to facilitate public works, or in the conduct of parades, processions or public events, to restrict or prohibit traffic and/or parking in limited areas for periods of not more than 72 hours.

B. Such temporary and emergency regulations shall be enforced by the Police Department in the same manner as permanent regulations. Any person who shall operate or park a vehicle or tractor in violation of any such regulations, or who shall move, remove, destroy, injure or deface any sign or marking erected, posted or made to give notice of any such regulation, shall, upon conviction thereof, be subject to the penalty set forth in the law or elsewhere in this chapter for a violation of such nature, and, in case of a violation for which no specific penalty is set forth in the law or elsewhere in this chapter, to a fine of not more than $25 together with costs of prosecution.

§ 15-5. Experimental regulations.

The Township Board of Supervisors may, from time to time by resolution, designate places upon and along the highways in the Township where, for a period of not more than 90 days, specific traffic and/or parking regulations, prohibitions and restrictions shall be in force and effect, and shall designate such locations by proper signs and markings. Such regulations, prohibitions and restrictions shall be effective as if they had been specified in this chapter. No person shall operate or park a vehicle or tractor in violation of any such regulation, prohibition or restriction, and no person shall move, remove, destroy or deface any sign or marking erected, posted or made by authority of this section. Any person who shall violate any provision of this section shall, upon conviction thereof, be subject to the penalty set forth in the law or elsewhere in this chapter for a violation of such nature, and, in case of a violation for which no specific penalty is set forth in the law or elsewhere in this chapter, to a fine of not more than $25 together with costs of prosecution, provided that the purpose of this section is to allow for the test and experimental determination of the feasibility and desirability of permanent changes in the ordinances of the Township relative to traffic and parking.

ARTICLE II Traffic Regulations

§ 15-6. Maximum speed limits established on certain streets.

A. Maximum speed limits are established on portions of specified streets, as follows, and it shall be unlawful for any person to drive a vehicle, on any part of a street where a maximum speed limit applies, at a higher speed than the maximum prescribed for that part of the street:

Street Between

Maximum Speed Limit

(mph)

Burd Hollow Road, also known as "Township Road No. 361"

From its intersection with S.R. 3008 for a distance of approximately 0.08 of a mile on the dirt portion thereof only

25

Burd Hollow Road, also known as "Township Road No. 361"

From its intersection with S.R. 3017 for a distance of one mile thereafter

35

Campbell Hollow Road, also known as "Township Road No. 362"

From its intersection with S.R. 3017 to its terminus

35

Church Road, also known as "Township Road No. 349"

From its intersection with S.R. 3017 through its subsequent intersection with S.R. 3017

25

Cross Road, also known as "Township Road No. 338"

From its intersection with S.R. 0035 through its intersection with S.R. 3017

35

Halfmoon Road, also known as "Township Road No. 336"

From its intersection with S.R. 3013 through its intersection with the Spruce Hill Township boundary line

25

Imes Road, also known as "Township Road No. 330"

From its intersection with S.R. 3019 through its terminus

35

Johnstown Road, also known as "Township Road No. 433"


25

Mill Road, also known as "Township Road No. 334"

From its intersection with S.R. 3008 to its intersection with S.R. 3013

25

Neely Road, also known as "Township Road No. 389"

From its intersection with the Tuscarora Township line through its terminus

25

Pomeroy Road, also known as "Township Road No. 335"

From its intersection with S.R. 3008 through its subsequent intersection with S.R. 3008

35

Quarry Road, also known as "Township Road No. 333"

From its intersection with S.R. 3014 through its intersection with the Tuscarora Township, Juniata County, boundary line

35

Rock Road, also known From its intersection with S.R. 3014 35

as "Township Road No. 337"

through its terminus

Vine Street, also known as "Township Road No. 432"


25

B. Any person who violates any provision of this section shall, upon conviction or

guilty plea, be sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit established hereinabove.

§ 15-7. Maximum speed limits established on certain bridges and elevated structures.

A. Maximum speed limits are established, as follows, on certain bridges and elevated structures, and it shall be unlawful for any person to drive a vehicle on any such bridge or elevated structure, at a higher speed than the maximum prescribed for that bridge or elevated structure:

Bridge or Elevated Structure Location Maximum Speed Limit (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be

sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.

§ 15-8. Maximum speed limits established for certain vehicles on hazardous grades.

A. The following are declared to be hazardous grades and, upon any such hazardous grade, no person shall drive a vehicle, having a gross weight in excess of that referred to for that grade, in the direction stated for that grade, at a speed in excess of that established in this section for that grade, and, if so stated for a particular grade, the driver of every such vehicle shall stop the vehicle before proceeding downhill:

Street Between Direction of Travel

Gross Weight

Speed Limit

Required to Stop before Proceeding Downhill

(Reserved) B. Any person who violates any provision of this section shall, upon conviction, be

sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 for each mile in excess of five miles per hour over the maximum speed limit.

§ 15-9. Maximum speed limits established in parks.

A. A speed limit of 15 miles per hour is established on all streets and roadways in the public parks maintained and operated by the Township, except in the following locations, where the lower maximums, as specified, shall apply:

Park Street Location Maximum Speed Limit (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be

sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.

§ 15-10. Traffic signals at certain locations.

A. At the following locations, traffic signals as indicated below shall be erected (or are ratified if previously erected), and traffic at those locations shall be directed by those signals:

Location Type of Signal (Reserved) B. Any driver of a vehicle who disobeys the directions of any traffic signal shall, upon

conviction, be sentenced to pay a fine of $25 and costs.

§ 15-11. Intersections where turn prohibited on red signal.

A. The following are established as intersections where drivers of vehicles headed in the direction or directions indicated are prohibited from making a right turn (or a left turn from a one-way street into another one-way street) on a steady red signal:

Intersection Vehicles Traveling on Facing (Reserved) B. Any driver of a vehicle who violates any provision of this section shall, upon

conviction, be sentenced to pay a fine of $25 and costs.

§ 15-12. One-way streets established.

A. The following are established as one-way streets, and it shall be unlawful for any person to drive a vehicle on any one-way street other than in the direction established for traffic on that street:

Street From To Direction of Travel (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be

sentenced to pay a fine of $25 and costs.

§ 15-13. Turning at certain intersections prohibited or restricted.

A. It shall be unlawful for the driver of any vehicle, of the type indicated, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make a left turn and/or a right turn into the second-named street, as indicated, at any time when such a turn is prohibited by this section:

Vehicles Traveling on

Direction of Travel

Not to Make Turn Into When

Type of Vehicle Applicable to



§ 15-14. Right turns only permitted at certain intersections.

A. It shall be unlawful for the driver of any vehicle, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make other than a right turn, at any time stated, both left turns and straight-across traffic being prohibited:

Vehicles Traveling on

Direction of Travel Times

Not To Make Right Turn Into or Travel Straight Across



§ 15-15. U-turns prohibited at certain locations.

A. It shall be unlawful for the driver of any vehicle, traveling upon any of the following portions of streets, in the direction or directions indicated for that street, to make a U-turn:

Street Portion Direction of Travel (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be


§ 15-16. No-passing zones established.

A. The following are established as no-passing zones, and it shall be unlawful for the driver of any vehicle to overtake or pass another vehicle or to drive on the left side

of the roadway in any no-passing zone:

Street Direction of Travel Between (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be


§ 15-17. Through highways established.

A. The following highways are established as through highways, thus authorizing stop or yield signs to be erected facing traffic approaching every intersection with the through highway except for those intersections with traffic signals, or with exceptions or modifications as indicated below. Every driver of a vehicle approaching a stop or yield sign authorized by this section shall stop the vehicle or yield right-of-way as required by § 3323(b) or 3323(c) of the Vehicle Code, as the case may be, and shall not proceed into or across the through highway until he has followed all applicable requirements of that section of the law:

Highway Between (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be


§ 15-18. Stop intersections established.

A. The following intersections (in addition to intersections with the through highways established by § 15-17) are established as stop intersections, and official stop signs shall be erected (or are ratified if previously erected) in such a position as to face traffic approaching the second-named street (the intersecting of through street) on the first-named street (the stop street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first-named or stop street, in the direction indicated in each case, shall stop the vehicle as required by § 3323(b) of the Vehicle Code, and shall not proceed into or across the second-named or intersecting or through street until he has followed all applicable requirements of that section of the law.

Stop Street Intersecting or Through Street Direction of Travel (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be


§ 15-19. Yield intersections established.

A. The following intersections (in addition to intersections with the through highways established by § 15-17) are established as yield intersections, and official yield

signs shall be erected (or are ratified if previously erected) in such a position as to face traffic approaching the second-named street (the through street) on the first-named street (the yield street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first-named or yield street, in the direction indicated in each case, shall slow down or stop the vehicle as required by § 3323(c) of the Vehicle Code, and then yield the right-of-way as required by that subsection of the Vehicle Code.

Yield Street Through Street Direction of Travel (Reserved) B. Any person who violates any provision of this section shall, upon conviction, be


ARTICLE III Restrictions on Size, Weight and Type of Vehicle and Load

§ 15-20. Vehicle weight limits established on certain streets and bridges.

A. On the following bridges and streets or parts of streets, by authority granted by § 4902(a) of the Vehicle Code, it shall be unlawful for any person or persons to drive any vehicle or combination having a gross weight in excess of the maximum prescribed below for that bridge or street or part of street, as the case may be:

Street or Bridge Between

Maximum Gross Weight

(tons)

Township Road No. 330, also known as "Imes Road"


10

Township Road No. 333, also known as "Quarry Road"

From its intersection with S.R. 3014 to the Tuscarora Township, Juniata County, Pennsylvania line

10

Township Road No. 334, also known as "Mill Road"


10

Township Road No. 335, also known as "Pomeroy Road"

From its intersection with S.R. 3008 through its other intersection with S.R. 3008

10

Township Road No. 336, also known as "Half Moon Road"

From its intersection with S.R. 3013 through its intersection with the Spruce Hill Township, Juniata County, Pennsylvania line

10

Township Road No. 337, From its intersection with S.R. 3014 to its 10

also known as "Rock Road"

terminus

Township Road No. 338, also known as "Cross Road"


10

Township Road No. 349, also known as "Church Road"


10

Township Road No. 361, also known as "Burd Hollow Road"


10

Township Road No. 362, also known as "Campbell Hollow Road"


10

Township Road No. 389, also known as "Neely Road"

From the Tuscarora Township Line to its terminus

10

Township Road No. 432, also known as "Vine Street"


10

Township Road No. 433, also known as "Johnstown Road"


10

§ 15-21. Restrictions on size of vehicles on certain streets and bridges.

A. On the following bridges and streets or parts of streets, by authority granted by § 4902(a) of the Vehicle Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the size restrictions prescribed below for that bridge or street or part of street:

Street or Bridge Between Restriction (Reserved) B. Any person who violates any provision of this section shall be prosecuted under §§

4902(a) and 4902(g-1) of the Vehicle Code and, upon conviction, shall be sentenced to pay a fine of $75 and costs.

§ 15-22. Restrictions as to weight and size of vehicles on certain streets and bridges.

A. By reason of hazardous traffic conditions and other safety factors, by authority granted by § 4902(b) of the Vehicle Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the restriction prescribed below for

that bridge or street or part of street.

Street or Bridge Between Restriction (Reserved) B. Any person who violates any provision of this section shall be prosecuted under §§

4902(b) and 4902(g-1) of the Vehicle Code and, upon conviction, shall be sentenced to pay a fine of not less than $25 and not more than $100 and costs.

§ 15-23. Truck traffic restricted on certain streets.

A. It shall be unlawful for any person to drive a vehicle other than a passenger car on any of the following streets or parts of streets:

Street Between (Reserved) B. Nothing in this section shall prohibit any person from driving an emergency vehicle

on any of those streets or parts of streets, or from driving on any of those streets or parts of streets a truck or other commercial vehicle making local deliveries to or pickups from premises located along that street or part of a street.

C. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

ARTICLE IV Removal and Impoundment of Illegally Parked Vehicles

§ 15-24. Applicability and scope.

This article is enacted under authority of § 6109(a-22) of the Vehicle Code and gives authority to the Township to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this chapter. Vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others may be towed under the provisions of the Pennsylvania Motor Vehicle Code.

§ 15-25. Authority to remove and impound.

The Township shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 15-24 of this article; provided, also, that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article or the provisions of the Pennsylvania Vehicle Code.

§ 15-26. Tow-away zones designated.

The following designated streets and/or parking lots are hereby established as tow-away

zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Township parking regulations:

Street Side Between Parking Lot (Reserved)

§ 15-27. Designation of approved storage garages; bonding; towing and storage.

Removal and impounding of vehicles under this chapter shall be done only by approved storage garages that shall be designated from time to time by Township Council. Every such garage shall submit evidence to the Township Board of Supervisors that it is bonded or has acquired liability insurance in an amount satisfactory to the Township Board of Supervisors as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garage keeper for the purpose of towing or storage. The approved storage garage shall submit to the Board of Supervisors its schedule of charges for towing and storage of vehicles under this chapter, and, when the schedule is approved by the Board of Supervisors, those charges shall be adhered to by the approved storage garage; no different schedule of charges shall be demanded of or collected from any person whose vehicle is removed or impounded under this chapter by any approved storage garage. The Board of Supervisors shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this chapter.

§ 15-28. Payment of towing and storage charges.

The payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provision of this chapter for which the vehicle was removed or impounded.

§ 15-29. Reclamation costs.

In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a $25 fee of which $10 shall be transferred to the Pennsylvania Department of Transportation by the garage to which the vehicle was taken.

§ 15-30. Records of vehicles removed and impounded.

The Township shall cause a record to be kept of all vehicles impounded under this article and shall be able at all reasonable times to furnish the owners or the agents of the owners of those vehicles with information as to the place of storage of the vehicle.

§ 15-31. Restrictions upon removal of vehicles.

No vehicle shall be removed under the authority of this article or the Vehicle Code if, at the time of the intended removal, the owner or the person for the time being in charge of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately.


Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of $50 together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

§ 15-33. Reports and disposition of unclaimed vehicles.

If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with § 7311 of the Vehicle Code, by the person having legal custody of the vehicle. If the vehicle has not been claimed after 30 days, the vehicle may be transferred to a licensed salvor who will then be responsible for filing the proper reports and disposing of the vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).

ARTICLE V Snow and Ice Emergency

§ 15-34. Declaration of snow and ice emergency.

In order to facilitate the movement of traffic and to combat the hazards of snow and ice on the snow emergency routes named in § 15-36 of this article, the Township Roadmaster, in his discretion, may declare a snow and ice emergency (designated in this article as a "snow emergency"). Information on the existence of a snow emergency may be given by the Township through radio, newspaper or other available media, and information on the termination of the emergency may be given by use of the same media.

§ 15-35. Parking prohibited; driving restricted during emergency.

After any snow emergency is declared, it shall be unlawful, at any time during the continuance of the emergency, for any person:

A. To park a motor vehicle or to allow that vehicle to remain parked anywhere on any snow emergency route designated in § 15-36 of this article; or

B. To drive any motor vehicle on any such snow emergency route, unless that vehicle is equipped with snow tires or chains.

§ 15-36. Snow emergency routes designated.

The following are designated as snow emergency routes:

Street Between (Reserved)


A. If, at any time during a period of snow emergency declared under § 15-34 of this

article, a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be guilty of a violation of this article and, upon conviction, shall be sentenced to pay a fine of not more than $15 and costs.

B. If, at any time during a period of snow emergency declared under § 15-34 of this article, a person shall drive a motor vehicle upon a snow emergency route, without having that vehicle equipped with snow tires or chains, that person shall be guilty of a violation of this article and, upon conviction, shall be sentenced to pay a fine of $25 and costs.

Chapter 16

(RESERVED)

Chapter 17

(RESERVED)

Chapter 18

SEWERS AND SEWAGE DISPOSAL


ARTICLE I Sewage Management Program

[Adopted 8-4-2003 by Ord. No. 2003-2]

§ 18-1. Short title; introduction; purpose.

A. This article shall be known and may be cited as the "Sewage Management Program for Beale Township."

B. As mandated by the municipal codes, the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1 et seq., known as "Act 537"), municipalities have the power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Beale Township indicates that it will formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.

C. The purpose of this article is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

§ 18-2. Terms and definitions.

A. General terms. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

B. Specific terms. For the purposes of this article, the terms used shall be construed to have the following meanings:

ACT — The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965), No. 537, as amended, 35 P.S. § 750.1 et seq.

ALTERNATIVE SYSTEM — A system for the disposal of domestic wastewaters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets,

spray irrigation, black water recycling systems, etc.)

AUTHORIZED AGENT — A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of Beale Township to carry out the provisions of this article.

BOARD — The Board of Supervisors of the Township.

CODES ENFORCEMENT OFFICER (HEREINAFTER “C.E.O.”) — An individual employed by the Township to administer and enforce this and other ordinances in the Township.

COMMUNITY SEWAGE SYSTEM — Any system, whether publicly or privately owned, for the collection of sewage publicly, or industrial wastes of a liquid nature from two or more lots or uses, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department.

DEPARTMENT — The Department of Environmental Protection (DEP) of the Commonwealth of Pennsylvania or any successor agency.

DEVELOPER — Any person, partnership or corporation which erects or contracts to erect a building on property owned by it with the intent to sell the building to some other party upon its full or partial completion, or upon the conveyance of property on which the building is to be built.

EQUIVALENT DWELLING UNIT (EDU) — For the purpose of determining the number of lots in a subdivision or land development, that part of a multiple-family dwelling, commercial, industrial or institutional establishment with sewage flows equal to 350 gallons per day.

INDIVIDUAL SEWAGE SYSTEM — Any system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.

LAND DEVELOPMENT — A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.

LOT — A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

MALFUNCTION — The condition, which occurs when an on-lot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.

MANAGEMENT PROGRAM — The management program shall encompass the entire area of Beale Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All systems shall be operated under the jurisdiction of the Beale Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of this Commonwealth.

MUNICIPALITY — Beale Township, Juniata County, Pennsylvania.

OFFICIAL PLAN — A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the Department in accordance with the Act and with applicable Department regulations.

ON-LOT SEWAGE DISPOSAL SYSTEM — Any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, and which is located upon the lot which it serves.

OWNER — Any person, corporation, partnership, etc., holding deed/title to lands within Beale Township.

PERSON — Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.

PLANNING MODULE FOR LAND DEVELOPMENT — A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.

PUMPER/HAULER — Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.

REHABILITATION — Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.

REPLACEMENT AREA — An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Township ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the Juniata County Recorder of Deeds.

SEPTAGE — The residual scum and sludge pumped from septic systems.

SEWAGE — Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or any noxious or deleterious substance being harmful or inimical to the public health, or to the animal or aquatic life or to the use

of water for domestic water supply or for recreation.

SEWAGE ENFORCEMENT OFFICER (SEO) — A person authorized by the Pennsylvania Department of Environmental Protection in accordance with Chapter 71, Administration of Sewage Facilities Program, of Title 25, Rules and Regulations; to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot disposal systems. The Sewage Enforcement Officer of the Township.

SEWAGE FACILITIES — Any method of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this Commonwealth or otherwise provide for the safe and sanitary treatment of sewage.

SINGLE AND SEPARATE OWNERSHIP — The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

SUBDIVISION — A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.

TOWNSHIP — The Township of Beale, Juniata County, Pennsylvania.

C. Reference source. All other definitions of words and terms used in this article shall have the same meanings as set forth in Chapter 73, Department of Environmental Protection.1


From the effective date of this article, its provisions shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems. The entire Township is, therefore, included in the management program.

§ 18-4. Permit requirements.

A. No person shall install, construct or request bid proposals for construction or alter an individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act and the standards adopted pursuant to that Act.

B. No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the Municipal Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer issuing the permit received notification of completion of construction, the applicant may cover said

1. Editor's Note: Reference to Title 25, Rules and Regulations.

system or structure, unless permission has been specifically refused by the Sewage Enforcement Officer.

C. The Township may require applicants for sewage permits to notify the Township's certified Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Township's certified Sewage Enforcement Officer.

D. No building or occupancy permit shall be issued by the Township or its Codes Enforcement Officer for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from the Township's certified Sewage Enforcement Officer.

E. No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the Township's Codes Enforcement Officer and the structures owner receive from the Township's Sewage Enforcement Officer either a permit for alteration or a replacement of the existing sewage disposal system or written notification that such a permit will not be required. The certified Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

F. Each applicant who shall submit a plan for the subdivision or development of land or who shall apply for a permit for the installation of an individual on-lot sewage system, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the Official Plan shall demonstrate to the satisfaction of the SEO that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. The SEO shall perform or observe all tests required for the location of an individual on-lot sewage system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section.

G. The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plot plans and diagrams submitted as part of the permit application.

H. If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, or a request for an exception to the revision of the Official Plan, the location of each initial individual on-lot sewage system and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note constituting a permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall

contain language reflecting this limitation.

I. Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this article shall be reviewed for approval by the Board or its authorized agent.

J. The easement for the replacement area noted upon the plan and recorded with the Juniata County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow rooted plant matter, shall be constructed upon the replacement area.

K. This provision shall be enforced by the Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all applicable regulations of the DEP, this article and all other applicable Township ordinances, exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area required by this article and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for purposes of this article.

L. Land development plan.

(1) If any lot held in single and separate ownership as of the effective date of this article does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Township grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Board demonstrating.

(a) That the lot was held in single and separate ownership on the effective date of this article.

(b) The size of the lot.

(c) Inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired.

(d) The testing conducted to determine that the lot is not suitable to provide a replacement area.

(2) At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article, and in no case shall any lot be exempted from the requirements of the permitting requirements hereinbefore set forth.

M. Sewage permits may be issued only be a certified Sewage Enforcement Officer employed by the Township for that express purpose. The Department of Environmental Protection shall be notified by the Township as to the identity of their currently employed certified Sewage Enforcement Officer.

N. No sewage permit may be issued unless proof is provided the owner of record has

owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Township.

O. No final Act 241 approval on a subdivision plan may begin until Act 537 planning is approved by the Township.

§ 18-5. Ground markers.

Any person who shall install new or rehabilitated systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Township's Sewage Enforcement Officer. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank and prevent odors from escaping and to prevent children from removing the hatch. Accessibility for visual inspection and maintenance shall be provided in the drainage fields via four-inch vertical, non-perforated PVC pipe connected directly to the drain tile at a minimum of four locations in the drainage field. If not installed by the Township or its authorized agent, such installation shall be subject to its approval.

§ 18-6. Inspections.

A. The Township's authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:

(1) The matter will be officially referred to the Board of Supervisors for action.

(2) The Board may schedule a review at the next scheduled meeting of the Board of Supervisors, or, if the situation threatens the health or safety of the residents of the Township, the Board may commence a procedure to obtain a search warrant from the Magisterial District Judge.

(3) Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by an officer of the County or State Police, and the inspection shall be completed in accordance with this subsection.

(4) The provisions of this section for obtaining a search warrant may be waived only when the Township Board of Supervisors and its authorized agents have reason to believe that the sewage facilities or alternative system is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution or health hazard.

B. A schedule of routine inspections may be established by the Township, if necessary, to assure the proper function of the systems in the Township.

C. The Township's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Township shall take action to require the correction of the

malfunction. If total correction is not technically or financially feasible in the opinion of the Township and a representative of the Pennsylvania Department of Environmental Protection, action by the property owner to mitigate the malfunction shall be required.

D. There may arise geographic areas within the Township where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Township-sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DEP authorized Official Sewage Facilities Plan Revision has been undertaken by the Township, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the Township, pending the outcome of the plan revision process. However, the Township may compel immediate corrective action whenever a malfunction, as determined by Township officials and the Pennsylvania DEP, represents a serious public health or environmental threat.

§ 18-7. Operation.

Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system.

A. Industrial waste.

B. Automobile oil and other non-domestic oil.

C. Toxic or hazardous substances or chemicals, including but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.

D. Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains.

§ 18-8. Maintenance.

A. Any person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler at reasonable intervals, but in no case shall such interval exceed six years.

B. The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown.

(1) The Township may allow a septic tank not to be pumped out at alternating intervals when the owner can demonstrate to the Township that the system can operate properly without the need for pump out for a period longer than five years. Such a request may be made at any time and must be in writing with all supporting documents attached. The Township, in making its determination,

shall take into account the information submitted by the applicant, the sewage permit issued by the Township Sewage Enforcement Officer upon installation or rehabilitation of the system and supporting documentation, reports of inspection including documentation that the sludge depth is less than 1/3 of the tank capacity as determined by a certified hauler, maintenance of the system, and other relevant information, and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, and soil or wastes sampling conducted for the purposes of evaluating the request. The applicant shall receive a decision within 90 days of accumulation of all necessary information by the Township.

(2) The Township may delay any persons initial required pumping so as to conform to the general six-year frequency requirement, provided that said person provides a receipt or other written evidence showing that their tank had been pumped within six years of the first anniversary of the effective date of this article.

(3) The Township may allow septic tanks to be pumped out at less-frequent intervals when the owner can demonstrate to the Township that the system can operate properly without the need of pumping for a period longer than six years, but in no case shall such period extend beyond 12 years.

C. Any person owning a property served by a septic tank shall obtain, with each pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Township, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact the Township's certified Sewage Enforcement Officer for approval of the necessary repair.

(1) Each time a septic tank or other subsurface waste disposal system tank is pumped out the private septic waste hauler shall provide to the owner of the subsurface waste disposal system and the Township within 30 days of the date of pumping a signed Beale Township, Juniata County, Pumpers Report in the form attached hereto as Exhibit A2 containing the following information.

(a) Date of pumping.

(b) Name and address of system owner.

(c) Address of tank's location, if different from owner's.

(d) Description and diagram of the location of the tank, including the location of any markers, risers and access hatches and size of the tank.

(e) Age of the system.

(f) Last date of pump out.

2. Editor's Note: Exhibit A is on file at the Township office.

(g) List of other maintenance performed.

(h) Any indications of system malfunctioned observed.

(i) Amount of septage or other solid or semi-solid material removed.

(j) Cost of the pumping service.

(k) Waste hauler's state license number permitting it to collect and haul septage in Pennsylvania.

(2) The owner and private septage waste hauler shall be jointly and severally liable to the Township with regard to the fulfillment of the obligations imposed hereunder.

D. Any person owning a building served by an alternative system or on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Township within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those for those required for septic tanks.

E. Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified Sewage Enforcement Officer for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.

F. The Township may require additional maintenance activity as needed including, but not necessarily limited to, cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc.

§ 18-9. System rehabilitation.

A. No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry waste and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth unless a permit to discharge has been obtained from the Pennsylvania Department of Environmental Protection.

B. The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.

C. Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make applications to the Township's certified Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of a permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township shall set an extended completion date.

D. The Township's certified Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, or other alternatives as appropriate for the specific site.

E. In lieu of, or in combination with, the remedies described in Subsection D above, the Township Sewage Enforcement Officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.

F. In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank in accordance with Township ordinances. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.

G. Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.

§ 18-10. Liens.

The Township, upon written notice from the Township Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this article, shall have the authority to perform, or contract to have performed, the work required by the certified Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.

§ 18-11. Disposal of septage.

A. All septage pumper/haulers operating within the Township shall be licensed by the Township and shall comply with all reporting requirements established by the Township. Prior to engaging in any septic tank pumping or septage hauling within the Township after the effective date of this article, any person, partnership, corporation, individual or other legal entity shall obtain from the Township a license to do so and shall apply therefor using the form attached hereto as Exhibit B.3 Each applicant shall also execute an Indemnity Agreement in favor of the Township as attached hereto as Exhibit C.4 Township ordinances, County ordinances, laws of the Commonwealth of Pennsylvania and the Federal Government, and rules and regulations promulgated thereunder must be observed by the pumper/hauler. It is the pumper/hauler's responsibility to be familiar with applicable laws, ordinances, rules and regulations and to comply with those requirements. Failure to comply with such mandate shall be deemed cause for cancellation of the license to conduct these activities within the Township. All applicants for a license under the provisions of this article will be required to provide certification of compliance with the following minimum insurance requirements:

(1) Workers' compensation, including occupational disease and employers liability and insurance, in amounts and coverages as required by the Workers' Compensation Laws of the Commonwealth of Pennsylvania. Bodily injury liability, including personal injuries in the amount of $300,000 for each person and $500,000 for each occurrence;

(2) Property damage liability in the amount of $300,000 for each occurrence;

(3) Comprehensive automobile liability insurance, including coverage for owned, non-owned and hired vehicles with limits not less than those stated below:

(a) Bodily injury liability in the amount of at least $300,000 for each person and $1,000,000 for each occurrence.

(b) Property damage liability in the amount of $5,000 for each occurrence.

(4) Environmental protection insurance in the amount of $1,000,000 per occurrence or pumper/hauler shall enter into a hold harmless, indemnification agreement with the Township.

B. All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farm lands.

C. Septage pumper/haulers operating within the Township shall operate in a manner 3. Editor's Note: Exhibit B is on file in the Township office.

4. Editor's Note: Exhibit C is on file in the Township office.

consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 to 6018.1003). Any septage pumper/hauler who violates any of the provisions of this article or regulations of Beale Township, the conditions of its State permit, or of any State or local law governing its operation shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. If any pumper/hauler shall have been convicted on two occasions of any violation of this article, or for violating the conditions of its State permit, or of any State or local law governing its operation, the Board of Supervisors shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months or more than two years for each violation, as determined by the Township. Each day the violation continues shall constitute a separate offense.

§ 18-12. Administration.

A. The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.

B. The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a certified Sewage Enforcement Officer and may include a Codes Enforcement Officer, secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.

C. All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the sewage management district shall become the property of the Township. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township's Sewage Management Program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection.

D. The Township Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this article.

E. The Supervisors may establish a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program.

§ 18-13. Appeals.

A. Appeals from decisions of the Township or its authorized agents under this article shall be made to the Township Supervisors in writing within 45 days from the date of the decision in question.

B. The appellant shall be entitled to a hearing before the Supervisors at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that

meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.

C. A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the release sought by the appellant shall be deemed granted.


Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article shall be found to have been violated shall constitute a separate offense.

Chapter 19

(RESERVED)

Chapter 20

SOLID WASTE


ARTICLE I Municipal Waste

[Adopted 11-5-1984 by Ord. No. 1984-1]

§ 20-1. Title.

This article shall be known as the "Beale Township Municipal Waste Ordinance."


The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

APPLICANT — A person desirous of being licensed as a collector.

COLLECTOR — A person licensed by the Township to collect, transport and dispose of municipal waste.

DISPOSAL — The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the municipal waste or a constituent of municipal waste enters the environment is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DISPOSAL AREA — Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.

INSTITUTIONAL ESTABLISHMENT — Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.

JUNKED OR ABANDONED VEHICLE — A motor vehicle not bearing a currently valid motor vehicle registration, and which is not capable of operation without mechanical repair, adjustment or replacement of a part or parts.

MANAGEMENT — The entire process or any part thereof, storage, collection, transportation, processing, treatment and disposal of municipal wastes by any person engaging in such process.

MUNICIPAL WASTE — Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semi-solid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and

from community activities, except farm-produced manure, other agricultural waste and food-processing waste used on land where such materials will improve the condition of the soil, the growth of crops, or the restoration of the land for the same purposes, and any sludge not meeting the definition of "residual or hazardous wastes" as defined in Pennsylvania Act 97.

PERSON — Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, State institution and agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PROCESSING — Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert part of 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 materials which are discarded as useless.

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.

TOWNSHIP — Beale Township, Juniata County, Pennsylvania.

TRANSPORTATION — The off-site removal of any municipal waste at any time after generation.

§ 20-3. Dumping. [Amended 12-10-2007 by Ord. No. 2007-1]

A. It shall be unlawful for any person to store, dump, discard or deposit, or permit the storage, dumping, discarding or depositing of, any municipal waste upon the surface of the ground or underground within the jurisdictional limits of this Township, except in proper containers for purposes of storage or collection, and except where the waste is of such size or shape as not to permit its being placed in such containers.

B. It shall be unlawful for any person to dump or deposit municipal waste in any stream or body of water within the jurisdictional limits of this Township.

C. Nothing contained herein shall be deemed to prohibit any person, not regularly engaged in the business of hauling municipal waste for profit, from hauling such municipal waste on an irregular and unscheduled basis, to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection.

D. Nothing contained in this article shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural wastes.

§ 20-4. Authorization of collectors; fee.

A. It shall be unlawful for any person, other than such persons as are duly authorized by the Township Supervisors, to collect and transport municipal waste of any nature within or from the Township. Authorization shall be given only as set forth below.

B. Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Township Supervisors through the issuance of a license. All applications for licensing shall be approved in accordance with the following criteria:

(1) Licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this article.

(2) At the time of application submission, the applicant shall indicate that he has the appropriate type of sanitary, closed or covered truck with which to collect municipal wastes.

(3) Licenses shall be issued on a calendar-year basis, but may be revoked at any time by the Supervisors for just cause.

(4) Fees for such licenses shall be established by resolution of Township Supervisors.

C. The Township Supervisors may authorize other individuals to collect and transport municipal waste in certain instances without a license as required above, but only in the following circumstances:

(1) Where, in the opinion of the Township Supervisors, mandatory utilization of the collection system will cause undue hardship on a commercial or industrial establishment in the Township; or

(2) Where it is established that the collection system and/or the municipal hauler(s) are unable to adequately serve the collection needs of a commercial or industrial operation because a unique type of waste is generated or because special transporting facilities are required to collect and haul the waste.

§ 20-5. Preparation and storage of municipal waste.

A. The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create fire and other safety hazards, odors, unsightliness or public nuisance.

B. Any person accumulating or storing garbage on private or public property in the Township for any purpose whatsoever (including waste being stored temporarily for door-to-door collection) shall place the same or cause the same to be placed in sanitary closed or covered containers in accordance with the following standards:

(1) Containers used for the storage of municipal waste shall be: of metal, plastic or fiberglass construction; rust and corrosion resistant; equipped with lids; waterproof and leakproof; and, except in the case of bulk containers, shall not

exceed 30 gallons in capacity. Plastic trash bags, if not punctured, may be used to store municipal waste.

(2) All containers shall be kept in a sanitary condition and in good repair. Any container that does not conform with this article or is difficult to handle, or is likely to injure the collector or his employees, or hampers the prompt collection of municipal waste shall be replaced upon notice to the owner of such container.

(3) A sufficient number of containers shall be provided to contain all municipal waste materials that are required to be placed in containers generated during periods between regularly scheduled collections.

C. Municipal waste to be collected on a door-to-door basis shall be prepared for such collection in the following manner:

(1) All garbage shall be drained of excess liquids and wrapped in paper or be placed in plastic bags before being placed in the waste storage containers previously described, and all ashes shall be free of any burning material before being deposited for collection.

(2) Tree, brush, hedge and similar clippings, including Christmas trees, shall be cut in lengths not to exceed six feet, and shall be bound securely in bundles not to exceed 40 pounds in weight before being deposited for collection.

(3) Newspapers, magazines, cardboard and boxes not placed in the containers previously described shall be securely tied in bundles not to exceed six feet in length and 40 pounds in weight before being deposited for collection.

(4) No person, except the occupants of the property on which a waste container is placed and an authorized collector, shall remove the lids of the container and/or remove the contents thereof.

(5) Municipal waste of a highly flammable or explosive nature or highly infectious or contagious refuse shall not be stored for ordinary collection, but shall be disposed in accordance with the directions of the Township.

D. Containers for door-to-door collection shall be placed in the following manner to facilitate such collection:

(1) Containers, other than bulk containers, shall be placed, whenever possible, at ground level and at a point on the curbline of the street, or within no less than 10 feet of the public street or alley right-of-way from which collection from a vehicle can be made or at such other locations as may be approved by the licensed collector. Failure to place containers at such locations may result in an additional charge for collection.

(2) Bulk containers shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector that will enable clear and easy access to the container by the collector's vehicle.

§ 20-6. Disposal of municipal waste. [Amended 12-10-2007 by Ord. No. 2007-1]

A. All municipal waste produced, collected and transported from within the jurisdiction limits of the Township shall be disposed of at a state-permitted facility.

B. It shall be unlawful for a licensed or authorized collector in the Township to dispose of municipal waste collected within the Township at a place other than the permitted facility licensed by the Department of Environmental Protection and in accordance with the Juniata County Solid Waste Plan.

C. The disposal of bulky wastes such as, but not limited to, refrigerators, stoves, other appliances, pieces of furniture, auto parts, and other household good and equipment shall be performed by annual collection and in a manner to be designated by the Township and advertised in a newspaper of general circulation.

§ 20-7. Transportation of municipal waste.

A. Any person transporting municipal waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such municipal waste.

§ 20-8. Collection; fee.

A. Municipal waste to be collected by the licensed hauler shall be prepared for and collected at least once each week, except where conditions beyond the control of the hauler prevent it.

B. Any person or commercial establishment authorized to dispose of their own refuse shall provide for collection at intervals short enough to prevent accumulations of refuse that may be unsafe, unsightly or potentially harmful to the public health.

C. All agreements for collection, transportation and disposition of municipal waste collected on a door-to-door basis shall be by private contract between the person and the collector. The Township Supervisors may choose to levy an annual municipal waste service fee to ensure proper collection, transportation and disposal of municipal waste in accordance with the intent of this article, if the private contract arrangements for payment fail.

§ 20-9. Violations and penalties; remedies. [Amended 12-10-2007 by Ord. No. 2007-1]

A. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

B. In addition to the foregoing penalty, the Township may require the owner or

occupier of a property to remove any accumulation of municipal waste or junked or abandoned motor vehicles, and should said person fail to remove the same within 10 days after written notice, the Township may cause the same to be done and collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill in equity.

ARTICLE II Agricultural Waste Storage and Nutrient Management

[Adopted 8-12-1996 by Ord. No. 1996-1]

§ 20-10. Title; intent; applicability; exceptions.

A. Title. This article shall be cited as the "Beale Township Agricultural Waste Storage and Nutrient Management Ordinance."

B. Intent. Beale Township farmers have always practiced good conservation of our agricultural resources. But because the farming industry is changing, the potential for environmental problems resulting from agricultural operations is increasing. The Beale Township Board of Supervisors has determined that it is the interest of the general health, safety and welfare to take prudent steps to aid in the prevention of environmental problems which may arise from the improper handling of agricultural wastes and nutrients, rather than to be forced to correct such mishaps after they occur. The intent of this article is to:

(1) Promote the general health, welfare and safety of the citizens of Beale Township.

(2) Minimize danger to public health by protecting the groundwater supply from contamination by improper handling of agricultural wastes or nutrients.

(3) Provide guidance for proper manure management and utilization of recommended construction practices for manure storage facilities.

(4) Assure that prime agricultural land will remain productive through environmentally sound agricultural practices.

(5) Inform the agricultural operators and farmers who do not follow practices described in this article and who have not obtained a permit that they may be in violation of County, Commonwealth and Federal pollution control laws.

C. Applicability. Except as modified by Subsection D and § 20-13 below, this article requires all persons, partnerships, businesses and corporations constructing an agricultural waste storage facility to develop a nutrient management plan and to obtain a permit. The land application of any agricultural waste or nutrients shall be in accordance with the provisions of this article, which require the issuance of a permit by the Beale Township Board of Supervisors or a designated agent or employee for the storage and land application of agricultural wastes or nutrients. The preparation and approval of a nutrient management plan shall be required of all persons, partnerships, businesses and corporations prior to obtaining a permit from

the Board of Supervisors or a designated agent or employee. The contents of a nutrient management plan shall be subject to the provisions of this article. This article also establishes procedures for enforcement of its provisions and penalties for violations thereof. Agricultural waste storage facilities existing on the effective date of this article shall not be subject to its provisions, except as provided below. All existing livestock or poultry operation shall be subject to the provisions of this article when the Beale Township Board of Supervisors or a designated agent or employee, upon inspection, discovers one of the following conditions:

(1) The storage, handling or disposal of manure or the application of nutrients or agricultural wastes by the operation is in violation of either the applicable standards that are contained in the most recent text and technical supplements to the Commonwealth of Pennsylvania Department of Environmental Protection publication Manure Management for Environmental Protection, or other Township, County, Commonwealth or Federal regulations.

(2) A situation exists which is causing, or is substantially threatening to cause, pollution to ground or surface waters.

D. Exceptions. Pursuant to Subsection C above, certain existing and proposed agricultural operations may be exempt from certain requirements of this article as follows:

(1) To the extent that noncommercial farming operations are excluded from the definition of "livestock or poultry operation," such farms are exempt from the provisions of this article.

(2) Agricultural operations with less than five acres in total area of operation, or which maintain livestock or poultry at a density less than one animal unit per five acres (0.2AU/AC) shall be exempt from the provisions of this article unless and until an increase in size, animal density or the proposal for an animal waste storage facility would cause a change in such exempt status.

(3) Agricultural operations which utilize agricultural waste storage facilities having a combined capacity of no greater than 10,000 gallons shall be exempt from the provisions of this article unless and until additional or larger animal waste storage facilities are proposed such that the combined storage capacity would exceed 10,000 gallons and cause a change in the exempt status.

(4) Agricultural operations which utilize agricultural waste storage facilities having a combined capacity in excess of 10,000 gallons and not greater than 500,000 gallons shall be required to comply with the provisions of this article requiring the preparation and approval of a nutrient management plan and to obtain a permit for storage facilities. Such agricultural operations meeting the conditions of this subsection shall be exempt from the requirements of § 20-13A to provide financial security and § 20-13E to carry liability insurance, unless and until additional storage capacity is proposed which would raise the total combined capacity above 500,000 gallons.


A. General definitions. For the purposes of this article, the following general terms shall have the corresponding interpretation:

(1) Words in the singular include the plural and those in the plural include the singular.

(2) Words used in the present tense include the future tense.

(3) The words "person," "applicant" and "owner" include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual engaged in activities governed by this article.

(4) The word "facility" shall be construed as if followed by the phrase "or part of thereof."

(5) The word "watercourse" includes channel, creek, ditch, dry run, spring, wetland, stream and river.

(6) The words "should" and "may" are permissive; the words "must," "shall" and "will" are mandatory and directive.

B. Specific definitions. For the purposes of this article, the following terms shall have the corresponding interpretation:

AGRICULTURAL OPERATION — The management and use of farming resources for the production of crops, livestock, poultry or other agricultural products or by-products.

AGRICULTURAL WASTE — Any and all waste generated from an agricultural enterprise, operation or use, including manure, compost, and nutrients (as defined herein), but excluding commercially manufactured fertilizers or nutrients, domestic and household wastewater, and any waste defined as sewage and regulated as such by DEP.

AGRICULTURAL WASTE STORAGE FACILITY — A structure or area built or maintained to store agricultural wastes for future use, and being sealed tank or similar structure.

ANIMAL EQUIVALENT UNIT (ANIMAL UNIT; AU) — One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of animals comprising the unit.

ANNUAL POPULATION CONCENTRATION — The annual average of the monthly sums of the highest population concentrations of any and all species of livestock and/or poultry being raised by a livestock or poultry operation for all months of a calendar year, excluding those months in which no such species are raise as a result of normal seasonal changes or business practices or as a result of disease or threat of disease.

APPEAL — Any person or landowner aggrieved by a provision of this article, or the written decision of the Board of Supervisors or a designated agent or employee, may file an appeal to be heard by the Beale Township Board of Supervisors, which appeal shall be sent by certified mail, return receipt requested.

APPLICATION — A completed form, signed by an applicant, requesting a permit from Beale Township to construct an agricultural waste storage facility, or to apply agricultural chemical products or waste to lands or crops as part of an agricultural operation.

BOARD — The Beale Township Board of Supervisors.

COMPOSTING (COMPOST) — The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product (compost).

CONSERVATION DISTRICT — The regional Conservation District of the Commonwealth which includes Beale Township.

COUNTY — Juniata County, Pennsylvania.

DEPARTMENT (DEP) — The Commonwealth of Pennsylvania Department of Environmental Protection.

DEPARTMENT OF AGRICULTURE — The Commonwealth of Pennsylvania Department of Agriculture.

FACILITIES — Structures used for the storage of agricultural wastes, which meet criteria provided in § 20-12 of this article.

FEMA — The Federal Emergency Management Agency.

FERTILIZER (SEE NUTRIENT) — Includes manufactured chemical fertilizers sold, used, or applied to crops or soils as part of an agricultural land management practice.

HIGH PRIORITY WATERSHED — Any watershed in the Township of Beale which has been so designate by DEP because critical non-oint-source nutrient pollution has been identified or quantified.

HIGH QUALITY STREAM — Any watercourse and associated watershed as identified by DEP to provide for additional consideration and protection from contamination or other degradation.

LIVESTOCK OR POULTRY OPERATION — All persons, partnerships, businesses and corporations engaged in the business of raising any livestock or poultry for commercial production and sale of meat, eggs, milk or other by-product, rather than for private consumption.

MANURE — The fecal or urinary defecations of livestock or poultry.

MANURE MANAGEMENT MANUAL — The Pennsylvania Department of Environmental Protection's Manure Management Manual for Environmental Protection, including all supplements and amendments.

MANURE STOCKPILE AREA — An area for the temporary (up to 12 months) storage of manure prior to land application or other disposal.

NORMAL SEASONAL CHANGES — Typical fluctuations in livestock and/or poultry populations due to normal procreational or culling activities occurring within a livestock

and/or poultry operation. Any fluctuation shall be deemed to be a normal seasonal change if such fluctuation does not exceed the guidelines of the Nutrient Management Plan as described in this article.

NOTICE OF VIOLATION — A written notice sent by certified mail from the Board of Supervisors or a designated agent or employee to an agricultural operation that, according to an on-site inspection, its activities are in violation of certain provisions of this article.

NUTRIENT — A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutrient content, or its claimed plant nutrients. The term includes livestock or poultry manures, compost used as fertilizer, commercially manufactured agricultural fertilizers, and combinations thereof.

NUTRIENT MANAGEMENT PLAN (PLAN) — A plan prepared and certified by a nutrient management technician for the proper management, storage, land application and/or other use or disposal of all agricultural wastes and nutrients, and which specifies best management practices to prevent the pollution of surface and ground water, including measures to reduce soil erosion, and which plan has been approved by a permit issued by the Beale Township Board of Supervisors or a designated agent or employee.

NUTRIENT MANAGEMENT TECHNICIAN — A qualified professional who may prepare and certify a nutrient management plan, which person may be the Juniata County Nutrient Management Technician.

PERMIT — A certificate endorsed by the Beale Township Board of Supervisors or a designated agent or employee granting approval of a submitted nutrient management plan and/or the proposed design of an agricultural waste storage facility.

PERMIT APPROVAL OR DENIAL — A written statement by the Board of Supervisors or a designated agent or employee to the applicant that the permit applied for, under the provisions of this article, is being approved or denied.

PERMIT REVOCATION — A written statement by the Board of Supervisors or a designated agent or employee to the applicant that the permit issued is being revoked for failing to comply with provisions of this article.

POPULATION CONCENTRATION (CONCENTRATION) — The ratio of the total number of animal equivalent units of all livestock and/or poultry being raised by a livestock and/or poultry operation per total acreage owned and/or operated by a livestock or poultry operation.

SECRETARY — Beale Township Secretary.

USGS — The United States Geological Survey.

VARIANCE — The permission granted by the Beale Township Board of Supervisors for a waiver of certain provisions of this article, or from the requirements of a notice of violation issued by the Board of Supervisors or a designated agent or employee, which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this article.

§ 20-12. Design and construction regulations.

A. Applicability. Every applicant proposing the installation, erection or construction of an agricultural waste storage facility, and the owner or operator of the land where the agricultural waste storage facility is to be placed shall be responsible for satisfying the requirements of the following regulations. Any storage of agricultural waste, and any application of agricultural waste or nutrients to crops or soils in Beale Township shall be in accordance with the provisions of this article and shall require a permit to be issued by the Board of Supervisors or a designated agent or employee.

B. Technical design standards. Agricultural waste storage facilities shall be designed in compliance with the engineering standards and specifications provided in the DEP publication Manure Management for Environmental Protection, including all its supplements and subsequent amendments, except where the specifications of this article are more restrictive, in which case the technical provisions of this article shall apply. Additional design standards for various facilities are presented in the Technical Addendums1 of this article. New facilities shall be designed in accordance with the specifications as provided.

C. Design review. Agricultural waste storage facilities shall be designed and sealed by a professional engineer, and three copies of said engineering plans shall be submitted with the application to the Township Board of Supervisors or a designated agent or employee, who shall forward a copy of the engineering plans to the Township Engineer for review and comment, to be provided within a ninety-day period. According to the procedure outline in § 20-15, a permit may be issued to the applicant upon approval of both the design for the agricultural waste storage facility and an acceptable nutrient management plan prepared by a nutrient management technician.

D. Construction. The construction of a permitted agricultural waste storage facility shall be in accordance with the permit, the approved design and the approved nutrient management plan. Any design changes required during construction or subsequent operation must be approved by the Board of Supervisors or a designated agent or employee. Specifications for the construction of agricultural waste storage facilities are provided in Technical Addendum 12 of this article. New facilities shall be constructed in accordance with the specifications as provided.

E. Site location. All new storage facility locations which are proposed for agricultural operations existing as of the effective date of this article shall be subject to approval by the Board of Supervisors or a designated agent or employee. Agricultural waste storage facilities which are proposed within a high-priority watershed or within the watershed of a high-quality stream shall meet additional design, location, construction and operation requirements as provided in the Technical Addendums. After the effective date of this article, no proposed agricultural waste storage

1. Editor's Note: The Technical Addendums are included at the end of this chapter.

2. Editor's Note: Technical Addendum 1 is included at the end of this chapter.

facility shall be located:

(1) Within 1,000 feet of any residential dwelling.

(2) Within 150 feet of any property line or street right-of-way line.

(3) Within 200 feet of any watercourse or water supply.

(4) On a slope with a grade in excess of 15% according to either USGS mapping or a sealed topographic survey.

(5) Within the one-hundred-year floodplain according to either USGS or FEMA mapping as applicable, or a sealed topography survey.

F. Hardship. A variance may be granted upon review by the Beale Township Board of Supervisors for an adjustment to a requirement of this section if the requirement can be proven by the applicant to be an unnecessary hardship. An applicant shall request a variance in writing specifying the minimum relief requested and the reason(s) for which the variance is sought. The Board of Supervisors shall conduct a public hearing pursuant to public notice to consider a request for a variance. The Board using its discretion may grant a variance provided no threat to public health, safety or welfare will result and the purpose and intent of this article is upheld. Upon request, the Township Board of Supervisors may waive requirements relating to site distance as they apply to the applicant's property.

§ 20-13. Operational standards.

A. Financial security required. The posting of financial security shall be required for all new storage facilities after the effective date of this article to protect the Township from assuming the financial responsibility to repair, restore, replace or otherwise remedy any environmental damage caused by a failed agricultural waste storage facility or by the failure of a permittee to adhere to the approved nutrient management plan; to protect, maintain and secure against any actual or threatened environmental degradation or any damage resulting from the failure of such storage facilities or of such permutes to adhere to the approved nutrient management plan; and to promote sound design and construction. The form of security shall be either a surety bond, an irrevocable letter of credit or such other security as may be accepted by the Township which has been issued by an insured financial institution which is legally authorized to provide such services in the Commonwealth of Pennsylvania. Such security shall be held by the Township of Beale as long as the storage facility is either operational, or, in the event of cessation of operation of said facility, until an inspection by a nutrient management technician and approval by the Beale Township Board of Supervisors of the release of said security, or until the full and complete remedy, repair, restitution and restoration required due to any damage caused by the failure of such secured storage facility has been effected. In the event of such failure, the Township shall have the authority to administer the funds provided by such security as is necessary to resolve any damages as may not be corrected by the owner/operator of such failed storage facility. In the event that ownership of such facility is transferred, the prior permit shall expire, and a new

permit shall be required and issued contingent upon the posting of financial security in accordance with this subsection. The amount of security required shall be based on a proratable formula of $5,000 for each 100,000 gallons of storage capacity.

B. Monitoring. New agricultural waste storage facilities shall install monitoring devices to prevent contamination from overflow or leakage. In addition it is recommended that storage facilities take preventative measures to guard against exposure to hazardous concentrations of gases. Guidelines for the design, installation and maintenance of such monitoring devices are provided in Technical Addendum 2.3 New facilities should be operated in accordance with the guidelines as provided.

C. Preferred and prohibited management practices. The application of solid or semi-solid agricultural wastes shall be in accordance with recognized conservation management techniques. All land application of liquid agricultural waste shall be by either soil injection or by tank sprayer. The application of liquid agricultural waste by tank sprayer should only occur on slopes having no steeper than 12% grade, and should be followed immediately by a mechanical incorporation of the nutrients into the solid within 24 hours from the application by tank sprayer. The spray irrigation of agricultural wastes shall not be a permitted disposal method. The use of land industrially as a means of disposing of agricultural, organic or other waste by composting, which has no relation to the agricultural production of crops or livestock, shall be prohibited. The land application of agricultural wastes and nutrients shall be in full and strict compliance with the specifications of an approved nutrient management plan prepared by a nutrient management technician. Manure stockpile areas shall be located and operated to control runoff to other than an approved storage facility. The uncontained runoff from any livestock or poultry operation, manure stockpile area or agricultural waste storage facility shall be prohibited; agricultural operations which do not contain and control such runoff will be found in violation of this article.

D. Inspection. In fairness to all farmers in Beale Township, all existing agricultural operations shall be required to allow an inspection of operations to be made by a nutrient management technician or a designated agent or employee of Beale Township. The issuance of a permit for an agricultural operation shall be deemed an authorization of the Township Board of Supervisors or a designated agent or employee to inspect all permitted storage facilities and livestock or poultry operations for compliance with the provisions of this article. Operators shall be given a forty-eight-hour advance notice, in writing, unless there is substantial evidence that an emergency situation exists. Failure to permit inspection may result in the Township obtaining a search warrant to inspect operations in the presence of a County or State officer of the law.

E. Liability insurance required. All agricultural operations utilizing a combined total of more than 500,000 gallons of agricultural waste storage capacity shall be required to provide proof of current liability insurance against operational and site-

3. Editor's Note: Technical Addendum 2 is included at the end of this chapter.

specific pollution with a minimum coverage of $1,000,000 to protect the Township and its residents in the event that a failure of such a storage facility would cause damage to life or property. When such coverage is not provided continuously, the permit for such operations shall be revoked or suspended.

§ 20-14. Nutrient management plans.

A. Contents. The Nutrient Management Plan shall include the following information:

(1) The number in animal equivalent units (AU) of livestock or poultry permitted to be raised annually on the land tract by a livestock or poultry operation.

(2) The annual amount of agricultural waste expected to be applied to the soil or farm land which will be produced by livestock or poultry, or which will be accumulated from other sources.

(3) A statement of the planned disposition of the waste amount indicated under Subsection A(2) to be generated by the livestock or poultry or accumulated from other sources during a period of one-year, including specifications for:

(a) The means, manner and facilities (including storage capacity) proposed to be utilized for storage of waste being generated.

(b) The proposed tracts of land which will receive field applications of the generated waste and the amounts, periods and method of waste application on such tracts.

(c) The field crops expected to be grown on the land tracts indicated in Subsection A(3)(b).

(d) Certification by a nutrient management technician, using the calculations and formula prescribed in Subsection C, that the amount of waste indicated under Subsection A(2) will not exceed the maximum quantities of waste for proper storage in the facility and effective nutrient removable by crops on land tracts and for the crops indicated in Subsection A(3)(a), (b) and (c), or if such excess is indicated, the manner and locations in which such excess will be disposed and certification that disposal will not cause pollution or threaten to cause pollution to ground or surface waters.

(4) Scaled mapping or aerial photography indicating the location or expected locations of all structures where livestock or poultry will be raised and all structures and fields where nutrients or agricultural chemical products are proposed to be stored or applied, in support of the statement submitted pursuant to Subsection A(3). It shall not be necessary that mapping submitted pursuant to this subsection be drawn by a professional draftsman, nor that any survey of the land tracts represented by such map or maps be previously completed. At a minimum, such mapping should include sufficient information to enable the Board of Supervisors or designated agent or employee to identify and locate the land tract or tracts and facilities.

(5) If any land indicated in Subsection A(3) for receipt of waste application or disposal is owned by a person other than the livestock or poultry operation, a written contract from such owner that application or disposal of waste by the livestock or poultry operation is permitted on such lands for the minimum period of three years. Such agreements shall be renewed prior to their expiration, and the Board of Supervisors or a designated agent or employee shall be provided with a copy of such renewal. Failure to provide such documentation may result in the suspension or revocation of the permit for an agricultural operation.

(6) A written Soil Conservation Farm Plan developed for the land on which waste is proposed to be stored or applied under Subsection A(3). If the applicant is unable to obtain an approved Soil Conservation Farm Plan, the Board may accept verification that a proposed Soil Conservation Farm Plan is pending.

(7) Specifications for the scheduling, type, amount, application method and field locations for all agricultural nutrient products, and for the disposal of all non-nutrient agricultural wastes.

B. Compliance. The Nutrient Management Plan shall, at a minimum, comply with the criteria set forth in the most recent text and technical supplements to the Commonwealth of Pennsylvania Department of Environmental Protection publication, Manure Management for Environmental Protection, and any revisions, supplements and replacements thereof, or with the provisions of any waste management permit issued by a Department of the Commonwealth of Pennsylvania for any land for which the plan is applicable. The activities and facilities proposed in the plan to be undertaken, constructed or operated by the livestock or poultry operation shall comply with all other ordinances in effect for Beale Township.

C. Application information. The applicant, or his or her authorized nutrient management technician, will be required to furnish the Beale Township Board of Supervisors or a designated agent or employee with the information required of the plan under Subsection A, including the necessary information to be used in the calculations and formula most recently devised by the Pennsylvania State University "Farm Nutrient Management Worksheet," or a successive program devised by the Pennsylvania State University to replace such computer program. Other types of nutrient management planning methodology and forms submitted by the applicant may be accepted or rejected at the discretion of the Board of Supervisors or a designated agent or employee, but, at a minimum, the applicant must supply the data, formulas and calculations used to satisfy such methodology.

§ 20-15. Permit issuance; fees.

A. Permits required. All exiting and proposed agricultural operations that are subject to the provisions of this article, pursuant to § 20-10C and D and § 20-13, shall be required to obtain a permit from the Board of Supervisors or a designated agent or employee, in accordance with the provisions of this article, prior to constructing an agricultural waste storage facility, commencing a livestock or poultry operation, or

applying agricultural wastes or nutrients to lands or solid in Beale Township.

B. Application procedure. An application form requesting a nutrient management permit shall be completed, signed and filed with the Beale Township Secretary or a designated agent or employee. The Beale Township Secretary or a designated agent or employee shall supply the operator or agent with a copy of this article and such necessary forms and/or instructions to guide the operator or agent in supplying the information required by the Board of Supervisors or a designated agent or employee to review and permit such operations in accordance with the provisions of this article.

C. Required information. Applications for a permit, pursuant to the provisions of this article, shall be made to the Beale Township Secretary or a designated agent or employee on forms provided. In addition to the application, the applicant shall supply all information used in develop the Nutrient Management Plan and any other information as may be required by a nutrient management technician or a designated agent or employee of Beale Township in evaluating the application. For cases which the Board of Supervisors or a designated agent or employee may decide requires processional review, the applicant may be required to provide a review letter for the plan as signed by an officer of the Conservation District. In addition, the Board of Supervisors or a designated agent or employee may require that certain plans or agricultural storage facility designs, which require approval by a higher authority, be reviewed by the appropriate Bureau officer of DEP prior to issuing a Township permit. An unsatisfactory review from either the Conservation District of DEP shall constitute grounds for denial of the application.

D. Issuance of permits. The Beale Township Secretary or a designated agent or employee shall notify the applicant, in writing, of the decision to approve or deny the request for a permit within 90 calendar days after receiving a completed application and the necessary documentation. An approved permit may be obtained in person, by the applicant or applicant's agent, or the permit may be sent by certified mail, return receipt requested, if requested by the applicant.

E. Fees. To obtain a permit, the applicant shall remit a fee to the Township of Beale in the amount of $20, payable by cash or check. The cost of any additional reviews, legal fees or other necessary expenses required for the Township to review and issue a permit shall be the responsibility of the applicant and shall be remitted to the Township prior to the issuance of a permit.

F. Effect of permit. A permit granted pursuant to the provisions of this article shall entitle the applicant or operator to engage in the activities covered in the application. The applicant or operator shall comply fully with all applicable provisions of this article.

§ 20-16. Permit denial.

A. Notice of denial. Notice of denial of permit pursuant to the provisions of this article shall be sent to the applicant, in writing, by certified mail, return receipt requested, and shall plainly set forth the reason for denial.

B. Remedy and appeal. The applicant, upon receipt of notice of denial, shall have 15 calendar days to undertake on of the following steps:

(1) Revise the application according to the requirements specified by the denial notice.

(2) Request an extension of time to revise the application. Such extensions may be granted by the Board of Supervisors or a designated agent or employee for the minimum duration appropriate to the situation.

(3) Request an appeal hearing before the Beale Township Board of Supervisors.

C. Failure to remedy or appeal. If the applicant fails to notify the Board of Supervisors or a designated agent or employee of a decision to act pursuant to Subsection B within 15 calendar days, the denial shall become effective on the 16th calendar day.

§ 20-17. Enforcement; violations and penalties. [Amended 12-10-2007 by Ord. No. 2007-1]

A. Responsibility. Enforcement of the provisions of this article shall be the responsibility of the Board of Supervisors or a designated agent or employee of the Beale Township Board of Supervisors.

B. Inspection and notification of violation. The Board of Supervisors or a designated agent or employee shall inspect agricultural operations throughout the Township. Any operator suspected of being in violation of this article shall be sent, via certified mail, a written notice from the Board of Supervisors or a designated agent or employee which shall clearly cite the provisions of this article which appear to have been violated. Any operation notified of suspected violation of the provisions of this article shall have 15 calendar days to contact the Board of Supervisors or a designated agent or employee.

C. Operator response.

(1) The operator or agent of operation shall have 30 calendar days after contacting the Board of Supervisors or a designated agent or employee to:

(a) Demonstrate to the satisfaction of the Board of Supervisors or a designated agent or employee that no violation exists.

(b) Bring the operation into compliance with the provisions of this article as cited by the Board of Supervisors or a designated agent or employee.

(c) Request, in writing, an extension of time to bring the operation into compliance with the cited provisions of this article.

(2) The operator or agent shall notify the Board of Supervisors or a designated agent or employee of the intent to act pursuant to either Subsection C(1)(a), (b) or (c) above.

D. Failure to respond. Failure of the operator to comply with the provisions of Subsection C to the full satisfaction of the Board of Supervisors or a designated agent or employee shall result in the issuance of a violation, which shall constitute a

cease and desist order. Other legal action may be taken, as necessary, by the Beale Township Board of Supervisors with assistance from the solicitor and any designated agent or employee of Beale Township to halt said violation.

E. Emergency procedure. In the event that a situation exists which is causing, or is substantially threatening to cause, either (a) damage to life or property, or (b) pollution of ground or surface waters, the Township may require an immediate response by the operator to correct such situation, which action shall be specified by the Board of Supervisors or a designated agent or employee of the Beale Township Board of Supervisors. In the event that the operator fails to comply with such requirement, the Township may undertake such necessary action. The operator shall be held responsible for the cost of such necessary repairs, and further may face prosecution under the provisions of this article or under the appropriate Commonwealth statute protecting against criminal negligence.

F. Penalties. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

§ 20-18. Appeals.

A. Appeal procedure. Any person aggrieved by the decision of the Board of Supervisors or a designated agent or employee may file an appeal with the Chairman of the Beale Township Board of Supervisors to be heard at a duly advertised public hearing. Appeals to the Board shall be filed, in writing, with the Chairman within 30 days after notice of the decision of the Board of Supervisors or a designated agent or employee. The Board shall hold a hearing upon the aggrieved person's request within 30 days after the request is filed with the Chairman. After submitting a challenge to the Board, and upon the decision by the Board, any party still aggrieved may appeal such decision to the Court of Common Pleas.

§ 20-19. Legal effect.

A. Severability. Should any section, subsection or provision of this article be declared invalid by a court of record, such finding shall not affect the validity of the remaining provisions of this article as a whole or any part thereof, other than the part so declared invalid.

B. Repealer. Upon the taking effect of this article, all ordinances, parts or ordinances or resolutions conflicting with the provisions of this article shall be and are hereby repealed.

C. Effect. The provisions of this article shall take effect five days after adoption by the Beale Township Board of Supervisors.

D. Waiver of liability. Whether through the implementation or enforcement of the provisions of this article, or through the issuance of a permit according to the provisions of this article, neither the Township of Beale nor its agents or officers shall assume any liability concerning the safety of the design, construction, operation, or otherwise, for any agricultural waste storage facility or agricultural operation.

SOLID WASTE

20 Attachment 1:1 02 - 15 - 2008

20 Attachment 1

Township of Beale

Technical Addendum 1 Supplemental Design and Construction Standards

All agricultural waste storage facilities shall be designed to meet or exceed the design standards as updated and published in the most recent Agricultural Soil Conservation Service Technical Guide for Pennsylvania, Section IV, Waste Storage Structures, with the following additional restrictions: 1. No earthen impoundments, ponds or lagoons or such earthen structures with a liner shall be

acceptable. 2. All storage facilities shall be provided with adequate fencing or other barriers to discourage

trespassing or accidental entry and to prevent livestock from watering. 3. All storage facilities shall have a capacity adequate to store not less than six months of

waste. 4. The minimum freeboard on all storage facilities shall be two feet.

SOLID WASTE

20 Attachment 2:1 02 - 15 - 2008

20 Attachment 2

Township of Beale

Technical Addendum 2 Supplemental Operational and Monitoring Standards

1. A means of monitoring the potential leakage from a storage facility shall be provided. A

minimum of one groundwater observation point shall be located in close proximity to the storage facility and shall intercept the groundwater table down gradient from the impoundment.

2. A leak detection system, such as underdrains, may be used to fulfill the requirement of

Subsection 1 above. 3. Any earthen storage facility proposed to be located in a high-quality stream or high-priority

watershed, which has a design capacity in excess of 10,000 gallons, shall be provided with a secondary containment structure which would have the capacity to control a full volume failure of the primary storage structure.

4. All leaks or evidence of leaks shall be reported within 24 hours of discovery to the Board of

Supervisors or a designated agent or employee.

Chapter 21

STREETS AND SIDEWALKS


ARTICLE I Construction of Roads and Associated Drainage Facilities

[Adopted 4-5-1993 by Ord. No. 1993-1]


This article shall apply to any offer of dedication to the Township of any road and/or drainage facility whether proposed by any individual, corporation, partnership, property owners association or the Commonwealth of Pennsylvania, or any other entity.

§ 21-2. Notice of intent.

Upon the determination by the owner(s) of any road and associated drainage facilities (hereinafter referred to as "improvements") that such improvements will be proposed for public dedication, said owner(s) shall notify, in writing, the Township of such dedication proposal and shall submit for review and approval three sets of plans showing the improvements as proposed and including the information required in §§ 21-6B and 21-7 of this article.

§ 21-3. Applicant responsibility.

It shall be the applicant's responsibility to prepare and submit to the Township all required plans and documents as required by this article or as otherwise may be required by the Board of Supervisors to meet the intent of this article and determine compliance with all applicable requirements. The applicant shall also be responsible for the installation of all required improvements in accord with this article.

§ 21-4. Plan revisions.

If the plans are disapproved, notice of said disapproval shall be provided to the applicant, in writing, and shall state the reasons for said disapproval. Revised plans may be submitted to satisfy the requirements for approval. Revised plans shall be accompanied by an additional filing fee as prescribed in § 21-8 of this article and shall be processed in the same manner as the originally submitted plan.

§ 21-5. Inspections.

Inspections of improvements shall be conducted during construction if the applicant so requests or the Township Engineer desires, with the cost of said inspection to be borne by

the applicant. When all improvements have been completed in accord with the required Township standards and specifications, the applicant shall in writing, so notify the Township and request original engineering inspection of said improvements.

§ 21-6. Dedication procedures.

Based upon the final inspection by the Township Engineer, the Board of Supervisors shall determine compliance of the constructed improvements with Township standards and specifications and the construction details shown on the plans submitted pursuant to Subsection B. Upon the determination of compliance, the Board of Supervisors shall, in writing, by certified mail, so notify the applicant.

A. Construction assurance. Following the date of notification of compliance of the improvements to Township standards and specifications, a twelve-month probationary period shall begin, during which time the applicant shall remain responsible for all maintenance and repair of the improvements. At the end of the probationary period, the Township shall conduct an inspection to determine the structural integrity and functioning of said improvements. The applicant shall complete in accord with the approved plans and to the satisfaction of the Township any identified deficiencies. Upon the failure of the applicant to repair all deficiencies to the standard required by the Township within 90 days, the improvements shall not be accepted by the Township, and the ownership shall be retained by the applicant. The applicant may at any time reapply and initiate the dedication procedure, which shall include the required twelve-month probationary period.

B. Acceptance of dedication. If at the end of the twelve-month probationary period the improvements are found to be satisfactory by the Township Board of Supervisors, or have been brought into compliance in accord with Subsection A above, the Board of Supervisors may accept said improvements for dedication if the Board determines said acceptance is the best interest of the Township. However, no improvements shall be accepted until the applicant provides financial security satisfactory to the Township in the form of an improvements construction and maintenance guarantee of a type set forth in § 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509. The amount of the guarantee shall be established by the Board of Supervisors, but in no case shall be less than 15% of the cost of construction of the improvements, or, if this amount cannot be determined, an estimate of same prepared by the Township Engineer. The term of the guarantee shall be 18 months from the date of acceptance for dedication. The guarantee shall remain in effect for the full eighteen-month period, during which time the Township shall enforce said guarantee to make any necessary repairs to the improvements as deemed necessary by the Board of Supervisors. If the proceeds of the guarantee are insufficient to complete the repairs, the Township shall institute legal or equitable action to recover the amount of insufficiency from the applicant.

C. Plans. The applicant shall furnish to the Township:

(1) One complete set on mylar reproducible and three complete sets on paper of

all plans of the said improvements which shall be certified by a registered professional engineer, as "as constructed" drawings and shall be so titled and labeled. The plans shall include all necessary information as may be required by the Board of Supervisors, but as a minimum, shall include the following:

(a) The typical cross section of the road showing right-of-way width, pavement width and thickness, base course width and thickness, and shoulder width and thickness and materials used.

(b) The plans and specifications for bridges or stress crossings.

(c) The plans and specifications for drainage structures, including elevation, capacity and construction details as well as the watershed area for which each drainage structure is designed; and stormwater calculations to indicate adequate capacity.

(d) The center line profile of the road, showing existing ground and finished grade elevations at fifty-foot stations.

(e) Identification of the ground markers that will indicate the location of courses, rights-of-way, property lines and other items shown on plans.

(f) Certification of the identity of every property owner along the right-of-way, together with evidence that every property owner joins in the submission of the plans for approval and releases any right to assert any claim against any person or political subdivision by reason of the construction, opening, dedication or existence of the road; the certification must be made by or on behalf of the person(s) requesting approval of the plans and must be supported by appropriate evidence of the authority by which it is made.

(2) A deed to all property and improvements proposed for dedication.

§ 21-7. Construction standards.

All roads and associated drainage facilities shall be provided, designed and constructed in accord with the requirements in this section, and in such manner as to allow the Township to receive any and all available funds from the Commonwealth for maintenance of said roads. Nothing herein shall limit the right and responsibility of the Board of Supervisors to require more stringent design and construction standards or additional improvements as deemed necessary by the Board to meet the intent of this article and to protect the public health, safety and general welfare.

A. Driveway drainage. At any point where the roadway is intersected by a driveway which requires that surface drainage water be carried under the intersection of the driveway and the road, a corrugated metal or other approved pipe of not less than 15 inches in diameter shall be installed beyond the width of the driveway for a minimum of four feet at each end and at such depth as conditions warrant.

B. Material specifications. All material used for road and associated improvements construction shall conform to Pennsylvania Department of Transportation,

Publication 408, latest edition, specifications or as otherwise may be approved by the Board of Supervisors.

(1) Base aggregate. Base course aggregate material shall conform to Pennsylvania Department of Transportation specifications and be compacted to a depth of 12 inches and width of full travelway.

(2) Surface course. The surface course shall be paved with a permanent, compacted, bituminous covering conforming to Pennsylvania Department of Transportation, specifications for ID2 Bituminous Binder Course and ID2 Bituminous Wearing Course to a compacted depth as follows:

Binder Depth

(inches) Wearing Course Depth

(inches) Total Depth

(inches)

3.5 1.5 5 C. Shoulder material. Shoulders shall be constructed in conformance with

Pennsylvania Department of Transportation specifications for a Type 4 Shoulder to a width of two feet.

D. Minimum length. No road less than 250 feet in length shall be accepted by the Township.

E. Dead-end streets. No road which has a dead-end shall be accepted unless it has a cul-de-sac with a minimum radius of 40 feet.

F. All streets, alleys and roadways within the development shall be constructed to meet all requirements of Chapter 21 hereof before any lots may be sold within the development. [Added 12-10-2007 by Ord. No. 2007-1]

§ 21-8. Fees.

Fees shall be charged by the Township to cover all costs to the Township associated with the proposed dedication; and such fees shall be set by resolution of the Board of Supervisors. Such fees shall include, but not be limited to, all legal, engineering, inspections, recording and advertising costs, and Township application and administrative fees.


Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

ARTICLE II Construction of Driveways

[Adopted 5-7-2002 by Ord. No. 2002-2]

§ 21-10. Enabling authority.

Pursuant to the provisions of §§ 66506 and 67322 of the Second Class Township Code, as amended (53 P.S. §§ 66506 and 67322), and in order to promote the health, safety and welfare of the citizens of Beale Township and to protect Township property, the Board of Supervisors of Beale Township, Juniata County, Pennsylvania, adopt this article.


This article shall be known as the "Beale Township Driveway Ordinance."


All words and phrases defined within the Pennsylvania Motor Vehicle Code, as amended, located in 75 Purdons, shall be given an identical meaning with the terms of this article unless otherwise indicated herein.

ACCESS DRIVEWAY — Any means for passage of vehicles between property abutting on a Township highway and the highway itself. It shall be deemed to include that part of the driveway that lies within the established right-of-way limits of the Township highway. It will also include such drainage structures as may be necessary for the proper construction and maintenance thereof.

TOWNSHIP — Beale Township, Juniata County, Pennsylvania.

§ 21-13. Construction permit required.

On or after passage of this article it shall be unlawful for any person to construct or reconstruct any driveway or access driveway or alter the grade, line or width of any shoulder within the right-of-way of Township roads until a permit to perform such construction or reconstruction has been issued by the Township on forms to be provided by the Township.

§ 21-14. Application for an issuance of permit.

A. A permit will be issued by the Township's Roadmaster, in writing, only when a plan is deemed satisfactory to the Township. Under no circumstances whatsoever shall a verbal approval or permission given by anyone be considered a justification for any deviation from the approved plans or for the violation of any of the rules and regulations governing construction within the right-of-way of Township highways.

B. Applications for driveway permits can be obtained from the Township Roadmaster, the Township Secretary or the Township Building Permit Officer.

C. All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the Township highway.

D. Access driveways shall be located in such manner that they will not cause interference with the traveling public; present a hazard to the free movement of normal highway traffic; nor cause areas of undue traffic congestion on the highway. In accordance with this principle, driveways should be located where the highway alignment and profile are favorable, i.e., where there are no sharp curves or steep grades and where sight distance in conjunction with the driveway access would be adequate for safe traffic operation.

E. Access driveways should not be located at interchanges, ramp areas or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. The location of a driveway near a signalized intersection that has an actuated traffic signal may include a requirement that the permittee provide, without expense to the Township, additional detectors for the control of traffic movement from his establishment or for the relocation of existing detectors.

F. Where highway curbs exist, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain the proper drainage.

§ 21-15. Maintenance of grade line.

A. Where the highway curbs do not exist, driveways shall be constructed in such a manner as not to interfere with the drainage grade line of shoulders. If, in the opinion of the Roadmaster, a pipe is required to maintain the grade line, the permittee shall install such pipe, at his expense, parallel to the pavement edge and at a minimum distance of 10 feet therefrom and on the grade line as directed by the Roadmaster.

B. Where a pipe is placed in the shoulder line, the driveway may slope away from the roadway at a less gradient than normal shoulder slope but not less than 1/4 inch per foot from the paving edge to the pipe.

C. The minimum pipe length shall be equal to the width of the driveway plus eight feet.

D. Only one driveway per residential property and one driveway per nonresidential property shall be permitted for any property abutting along the Township highway. Additional access may be provided only upon special application therefor being made to the Board of Supervisors who shall thereupon consider the request and either approve or deny issuance of a permit for additional access highways.

E. All design standards provided by Beale Township, Juniata County, Pennsylvania, Chapter 22, Subdivision and Land Development, related to driveways and access driveways shall be incorporated herein by this reference thereto.

F. The distance from the edge of the pavement of the intersecting road to the radius of the first permitted driveway shall be minimum of 40 feet.

G. All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area or change the drainage of adjacent

areas.

H. The minimum driveway width shall be 18 feet and the maximum driveway width shall be 25 feet. These dimensions shall apply only to that portion of the driveway situate in the public right-of-way and that portion of the driveway located within three feet of said public right-of-way.

§ 21-16. Application and construction procedure.

A. The application for a driveway permit shall be made on a Township form as attached as Exhibit A1 and provide at least the following minimal information:

(1) Submission of two sets of applications and plans.

(2) Show the driveway locations in relation to a property line.

(3) Show the driveway location to nearest intersection.

(4) Show any public utilities such as fire plugs, electrical boxes, etc.

(5) Show any storm drainage facilities such as inlets and swales.

(6) Show details of curb cuts.

(7) Show width of driveway.

(8) Show vertical and horizontal alignment from cartway edge to right-of-way line.

(9) Show sight distance in each direction.

(10) Plan shall be 8 1/2 by 11 sheets.

(11) Additional special requirements may be imposed.

B. Before initiating any construction, traffic control devices shall be installed according to PDT Pub. 203 and/or PDT Pub. 203A. During construction traffic control shall be maintained according to PDT Pub. 203 and/or PDT Pub. 203A.

C. All driveways which are constructed and take access onto a Township highway will be required to be paved from the edge of the roadway to the ultimate right-of-way. All driveways are to be dug out a minimum of 12 inches; backfilled with a minimum of eight inches of approved stone and covered with not less than four inches of either macadam or concrete.

D. All permits issued hereunder shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Township and the laws of the Commonwealth of Pennsylvania in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Township from, and indemnify it, against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening, excavation or construction, and

1. Editor's Note: Exhibit A is included at the end of this chapter.

all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.

§ 21-17. Conditions during construction.

A. Notice must be given to the Township when the work is sufficiently advanced for inspection and thereafter it shall be the duty of the Roadmaster to inspect the same within two working days after receipt of said notification.

B. The applicant shall notify the Roadmaster no less than 24 hours in advance of work commencing and at that time shall indicate to the Roadmaster a construction schedule for completion of the project.

C. The work of excavation shall be so conducted so as not to interfere with the water mains, gas lines, sewers or their connections with the houses or any other sub-service lines or structures until permission of the owners of such lines or structures shall have been obtained by the applicant.

D. The applicant shall pay the costs and expenses incident to or arising out of any driveway project, including all fees, including temporary and permanent restorations and expenses incurred by the Township as a result of the project, including but not limited to such items as inspections and temporary resolutions to problems resulting out of any driveway project, plus a reasonable administrative fee to be set by resolution of the Board of Supervisors.

E. On improved streets or highways, a temporary paving of suitable stoning materials thoroughly bound and compacted shall be installed flush with the surface of the adjoining paving. Permanent paving must be completed within 60 days of excavation.

F. All permits granted hereunder shall be subject to the express condition that the person to whom the same is issued, shall indemnify, save and keep harmless the Township from any and all losses and damages or otherwise whatsoever which may or shall be occasioned at any time by the said excavation or construction or by any leaks, explosions or other injuries from any pipe apparatus, conduit or any other matter placed in the said excavation or construction.

G. The permittee is responsible for damage to any portion of the roadway caused by equipment in route or used at the work site.

H. Permits may not be transferred without the approval of the Township.

I. Should any driveway or access driveway prove unsatisfactory within 24 months from the date of completion and approval by the Roadmaster, including but not limited to sinking, cracking, crumbling or other phenomena which may present a potential risk to the general public, such persons responsible for obtaining the permit shall make immediate repairs upon notification of the Township. If the work is not completed within 60 days after notice has been given by the Township of said defect the Township then reserves the right to make necessary repairs and bill the

cost of such repairs, including a 20% administrative fee, to the applicant.

J. All property owners shall be responsible for maintaining driveway pipes which take access onto Township roadways. Any driveway pipe which becomes clogged, crushed or made otherwise unusable for the purposes intended, or causes water to be diverted onto Township roadways and/or presents a hazard to life and property will be replaced at the owner's expense. The Township reserves the right to require the owner to make repairs, to make the repair at the owner's expense, to contract with a third party at owner's expense to perform the needed repairs or to abate the nuisance by revocation of the driveway permit by removal of the said obstruction. Any permit issued hereunder shall expire unless fulfilled within one year from the date of issuance. Any applications to renew an expired permit shall be treated as a new application and shall require the payment of a new permit fee.

§ 21-18. Fees. [Amended 12-10-2007 by Ord. No. 2007-1]

Before any permit shall be issued to connect a driveway or access driveway to a Township highway the applicant shall pay to the Township Secretary a permit fee in the amount to be established by resolution of the Board of Supervisors.


Any person, firm, corporation, partnership or other association who violates the provisions of this article shall be notified in writing by the Township and given 30 days from the date said notice is mailed to come into compliance with the terms of this article. Failure to comply within this thirty-day period shall result in the violator being fined $25 per day for each and every day the violation continues to occur after the thirty-day period hereinabove. Each day shall be a separate violation and shall result in an additional $25 fine.


21 Attachment 1:1 02 - 15 - 2008

21 Attachment 1

BEALE CODE

21 Attachment 1:2 02 - 15 - 2008


21 Attachment 1:3 02 - 15 - 2008

Chapter 22

SUBDIVISION AND LAND DEVELOPMENT

[HISTORY: Adopted by the Board of Supervisors of the Township of Beale 8-3-1998 by Ord. No. 1998-1. Amendments noted where applicable.]

ARTICLE I Purpose and Jurisdiction

§ 22-1. Intent; title.

This is a chapter establishing rules, regulations and standards governing the subdivision and development of land within Beale Township, setting forth the procedures to be followed by the Beale Township Board of Supervisors in administering these rules, regulations and standards and setting forth the penalties for the violation thereof as established by the Commonwealth of Pennsylvania. This chapter may be cited as the "Beale Township Subdivision and Land Development Ordinance."


This chapter is enacted pursuant to the authority conferred by Pennsylvania State Act No. 247 of 1968, as amended by Act 170 of 1988, the Pennsylvania Municipalities Planning Code.

§ 22-3. Application.

A. Jurisdiction. This chapter shall apply to all subdivisions and land developments located within Beale Township.

B. Grant of power to County authority. The Juniata County Planning Commission is empowered under § 502 of the Pennsylvania Municipalities Planning Code (Act 247) to review and report upon each subdivision or land development request before local approval and recording, as required by law. The submission of plats to the Juniata County Planning Commission for review and report must take place at the preliminary plan stage. After consideration of the County report, the Planning Commission and the governing body may proceed to preliminary and final action.

C. Grant of power to Township Supervisors. The Beale Township Board of Supervisors will receive and review all plans submitted under this chapter to determine compliance with this chapter, and the Supervisors are hereby granted the power to approve, disapprove or approve with conditions all plans required to be submitted under the terms of this chapter.

D. Effect of this chapter. No subdivision or land development (as defined herein) of any lot, tract or parcel of land shall be carried out, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out,

constructed, opened or dedicated for public use and travel, or the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this chapter.

E. Interpretation. The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.

F. Purpose. The general purpose of this chapter is to regulate the division and development of land, including:

(1) Regulating the flow of traffic in the streets and highways;

(2) Furthering the orderly and appropriate use of land;

(3) Securing safety from fire, panic and other dangers;

(4) Facilitating adequate provision for transportation, water, sewage, schools, parks, playgrounds and other public facilities;

(5) Assuring sites suitable for building purposes and human habitation and providing for the harmonious development of the Central Juniata Region and the Township;

(6) Coordinating existing streets with proposed streets, parks or other features of the Central Juniata Region and the Township;

(7) Insuring adequate open space for traffic, recreation, light and air; and

(8) Providing proper distribution of population.

ARTICLE II Definitions

§ 22-4. Inclusions.

As used in these regulations, words expressed in the singular include their plural meanings; and words expressed in the plural include their singular meanings. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The words "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof." The word "may" is permissive; the words "shall" and "will" are mandatory.


The following words or phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any word or term not defined herein shall be used with a meaning of standard usage:

ACCESS — The means by which vehicles or pedestrians obtain entrance or entry into a parcel, lot or building, or into a subdivision or land development.

A. EASEMENT OF ACCESS — An easement granted for use by the public for the purpose of providing vehicular and/or pedestrian access to a parcel, lot, building, subdivision or land development.

B. RIGHT OF ACCESS — The right of the public to have vehicular and/or pedestrian access over a specifically designated area, easement or property.

AGENT — Any person, other than the developer, who, acting for the developer, submits to the Juniata County Planning Commission and governing body plans for the purpose of obtaining approval thereof.

AGRICULTURAL PURPOSES — The use of a parcel of land primarily for one or more of the following purposes:

A. The raising, harvesting and selling of crops including grains, vegetables or fruits, trees and other produce and all structures and activities customarily associated with this activity.

B. The feeding, breeding, management and sale of livestock, poultry, fur-bearing animals, honey bees, or of the products thereof, etc., not including household and farm pets and all structures and activities, including the raising of livestock feed or pasturing, customarily associated with this activity.

C. A parcel of land shall not be considered to be used for agricultural purposes if the subdivision of land is also intended for use primarily as a recreational subdivision (very low density) as defined herein or for residential, commercial or industrial purposes in which one or more of the agricultural activities listed above are undertaken as an incidental or secondary use as determined by the Supervisors.

ALLEY — A right-of-way providing secondary vehicular access to the side or rear of two or more properties.

BLOCK — Property bounded on one side by a street, and on the other three sides by a street, railroad right-of-way, waterway, unsubdivided area or other definite barrier.

BONA FIDE BID — A bona fide bid is a bid secured by the subdivider, from a contractor or contractors, for the purpose of verifying the estimated cost to complete the required improvement or improvements which are the responsibility of the subdivider to provide under the terms of this chapter. Said bona fide bid shall include all costs and activities, as determined by the Supervisors, which will provide for the completion of all of the required improvements or maintenance. Said contract between the subdivider and the contractor which shall include the following provisions and stipulations:

A. The contract shall include a clause which states that the contract may be assigned to the Township in the event of a default on the part of the subdivider. This clause should indicate that the Township will not incur any obligations or liabilities of the contractor, other than to tender payment for work satisfactorily completed in accordance with the specifications of this chapter.

B. The contract should contain a "not-to-exceed" total contract price.

C. An estimated rock excavation quantity should be included where applicable.

D. The bid price must also include the cost and provision of a performance bond.

E. The contract should include a "waiver of right to file mechanics lien," which waiver shall be duly filed with the appropriate courts.

F. The contractor must provide and maintain an acceptable level of comprehensive liability insurance.

G. All material and work submitted as part of the bona fide bid must comply with the appropriate Township specifications.

BUILDING — A structure or any part thereof having a roof which is used for the shelter or enclosure of persons, animals or property.

BUILDING SETBACK LINE — The minimum distance from the front lot line to any building or structure to be erected on the lot.

CARTWAY — The portion of the entire right-of-way of a street which contains an improved travelway for vehicles, including space for shoulders and/or parking lanes.

CHAIRMAN — The Chairman of the Beale Township Board of Supervisors.

CLEAR SIGHT TRIANGLE — An area of unobstructed vision at street intersections defined by two street lines and by a line of sight between two points on the street lines at a given distance from the intersection.

COLLECTOR STREET — See "Street."

COMMISSIONERS — The Board of County Commissioners of Juniata County.

COMPREHENSIVE PLAN — The complete plan, or any part of a plan designed to govern and direct the future development and growth of the Township.

COUNTY — Juniata County, Pennsylvania.

COUNTY PLANNING COMMISSION — The Planning Commission of Juniata County designated to perform various administrative, review, supervisory and other duties required by this chapter.

CUL-DE-SAC — A street intersecting another street at one end and terminating at the other end in a vehicular turnaround.

DEDICATION — The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DEVELOPER — Any landowner or agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made, a subdivision of land or a land development. The term "developer" is intended to include the term "subdivider" as defined herein.

DRAINAGE FACILITY — Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or contiguous land areas.

DRIVEWAY — A minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.

DWELLING UNIT — Any structure or part thereof designed to be occupied as living quarters as a single housekeeping unit.

EASEMENT — A limited right-of-use granted in private land for public or quasi-public purposes.

ENGINEER — A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Beale Township Engineer.

FINANCIAL SECURITY — A deposit made to the benefit of the Township in an amount determined by the Supervisors sufficient to guarantee and cover the entire costs of any required improvement or maintenance which is the responsibility of the subdivider to provide under the terms of this chapter but which will allow the Township to complete said improvements or maintenance in their entirety, without any additional cost to the Township, in the event of a default, negligence, cost overrun or inflationary increase in price or failure of any type of the subdivider to provide or complete said required improvements or maintenance. Said financial security shall be approved by the Supervisors and may include irrevocable letters of credit and restrictive or escrow accounts in a Federal or Commonwealth chartered lending institution or other type of financial security acceptable to the Supervisors, and such security shall be posted with a bonding company or with a Federal or Commonwealth chartered lending institution authorized to conduct business in the Commonwealth.

FRONTAGE — The portion of a parcel or lot which abuts a street.

A. DOUBLE FRONTAGE — A lot which has frontage on and access from two streets which are approximately parallel to each other.

B. REVERSE FRONTAGE LOT — A double frontage lot which extends between and which has frontage on a major street and a local or collector street and which has access only from the local or collector street and which has its access prohibited from the major street.

FUTURE RIGHT-OF-WAY — The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads; a right-of-way established to provide future access to or through undeveloped land.

GOVERNING BODY — The Beale Township Board of Supervisors.

HALF OR PARTIAL STREET — A street parallel and adjacent to a property line having a lesser right-of-way width than required for satisfactory improvement and use of the street.

IMPROVEMENTS — Those physical additions, installations and changes required to

render land suitable for the use proposed.

INTERIOR WALK — A right-of-way easement for pedestrian travel across or within a block.

LAND DEVELOPMENT — Land development includes any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot regardless of the number of occupants or tenure; or (b) the division or allocation of land or space whether initially or cumulatively between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.

B. A "subdivision" of land, as defined herein, shall also be considered to be a land development.

C. Except that the following shall be excluded from the definition of land development if it only involves the following:

(1) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.

(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDOWNER — The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or other person having a proprietary interest in land shall be deemed to be a landowner for the purposes of this chapter.

LOT — A plot or parcel of land which is or in the future may be offered for sale, conveyance, transfer or improvement as one parcel, regardless of the method or methods by which title was acquired.

LOT AREA — The area contained within the property lines of the individual parcels of land as shown on a plan, excluding any area within a street right-of-way but including the area of any easement or future right-of-way.

LOT CORNER — A lot abutting upon two streets at their intersection.

LOT LINE — Any boundary line of a lot.

LOW AND VERY LOW DENSITY RESIDENTIAL — Very low density residential includes developments having a net project density of less than one dwelling unit per acre. Low density residential includes developments having a net project density of between one and three dwelling units per acre. These areas generally conform with the more rural or open areas of the Township requiring lesser development standards and improvements than developments located in the medium density residential areas.

MAJOR SUBDIVISION — All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of six or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.

MEDIUM DENSITY RESIDENTIAL — Medium density residential includes residential developments having a net project density of more than three dwelling units per acre. This generally defines the more urbanized or built-up areas of the Township requiring higher development standards and improvements than those which are located in the low density residential areas.

MINOR SUBDIVISION — Any subdivision containing not more than five lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or these regulations.

MOBILE HOME — A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor or incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, except for a travel trailer as defined herein.

MOBILE HOME LOT — A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK — Any lot, parcel, or tract of land at least five acres in size, upon which three or more mobile homes are located for occupancy and used by persons of different families other than members of one household.

MULTIPLE-FAMILY STRUCTURE — A building providing separate dwelling units for two or more families.

MUNICIPALITY — The Township of Beale in which a proposed subdivision or land development is located.

NET PROJECT DENSITY — The net project density of a proposed residential subdivision or land development measured in residential units per acre shall be equal to the total number of residential dwelling units divided by the total net residential land in acres. The total net residential land is equal to the total project area minus the land in the

project which is not used for residential purposes or related residential yard areas (such as street rights-of-way, open space and other nonresidential uses).

OFFICIAL MAP — Any map adopted by ordinance of the Township pursuant to Article IV of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended by Act 170 of 1988).

PLAN — A map or chart, also known as a "plat," indicating the subdivision or resubdivision of land which in its various stages of preparation can include the following:

A. SKETCH PLAN — An informal plan indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision to be used as a basis for informal consideration by the Township.

B. PRELIMINARY PLAN — A tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as required by this chapter.

C. FINAL PLAN — A complete and exact plan, prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements, as required by this chapter.

D. RECORD PLAN — The copy of the final plan which contains the original endorsements or approvals of the Township and which is intended to be recorded with the County Recorder of Deeds, as required by this chapter.

E. PUBLIC NOTICE — Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC SEWER — A system of piping and appurtenances, whether Township or privately owned, designed for the collection and transmission of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions to a central wastewater treatment plant for treatment and discharge (not including septic tanks).

PUBLIC WATER — A system of piping and appurtenances, whether Township or privately owned, designed for the transmission and distribution of safe, potable water from a centralized water supply or source to residences, commercial buildings, industrial plants or institutions (not including individual on-lot wells).

RECREATIONAL SUBDIVISION (VERY LOW DENSITY) — Subdivisions designed primarily for seasonal use, including mountain areas and areas for hunting, camping and similar uses which will have an intensity of land use equivalent to or less than one housing unit per net acre as determined by the Supervisors.

RESUBDIVISION — Any subdivision or transfer of land laid out on a plan approved by the Supervisors which changes or proposes to change property lines and/or public rights-

of-way not in accordance with the approved plan.

RIGHT-OF-WAY — Land reserved for use as a street, alley, interior walk or for other public purpose.

A. ULTIMATE RIGHT-OF-WAY — The maximum width to which an existing or proposed right-of-way may be widened in accordance with the Comprehensive Plan or Plans of the Township, County or the Pennsylvania Department of Transportation, or other appropriate official agency.

SECRETARY — The Secretary of the Beale Township Board of Supervisors.

SETBACK OR BUILDING LINE — The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.

SEWAGE FACILITY — Any sewer, sewage system, sewage treatment works or parts thereof designed, intended or constructed for the collection, treatment or disposal of liquid waste (including industrial waste).

SIGHT DISTANCE — The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.

STREET — A strip of land designed for use by the public, including the entire right-of-way intended for use as a means of vehicular and pedestrian circulation. Public streets are streets offered for dedication to the Township and accepted by the Township to insure permanent public ownership and maintenance by the Township. Classes of streets according to use, function and width shall be as designated in the Comprehensive Plan or, if not so designated, shall conform with the following:

A. MAJOR STREET — Those streets which serve internal County movements and provide connections between traffic generators serving or anticipated to serve moderately heavy traffic volumes at a design speed of 55 miles per hour.

B. COLLECTOR STREET — Those which intercept local streets, provide access to abutting properties and serve individual neighborhoods or areas and their function is to collect and distribute traffic to the local streets and to feed traffic into the major streets. They are anticipated to serve moderate traffic volumes and shall have design speed of 45 miles per hour.

C. LOCAL STREET — Also called "minor streets," those used primarily to provide access to abutting property and to feed into the collector streets. They are anticipated to serve relatively low traffic volume and shall have a design speed of 35 miles per hour.

D. NONRESIDENTIAL STREET — Streets designed to serve and give access to commercial, industrial, public and other nonresidential uses.

E. MARGINAL ACCESS STREET — Local streets, parallel and adjacent to major traffic streets, providing access to abutting properties and providing control of intersections with major streets.

STREET LINE — The dividing line between the street and the lot. The street line shall

be the same as the legal right-of-way; provided that, where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.

STRUCTURE — Any man-made object having an ascertaining stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER — The owner, or authorized agent of the owner, including but not limited to an individual, partnership or corporation that undertakes a subdivision or land development or any of the activities covered by this chapter, particularly the preparation of a subdivision plan showing the layout of the land and the public improvements involved therein. The term "subdivider" is intended to include the term "developer" even though the personnel involved in successive stages of the project may vary.

SUBDIVISION — The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, petition to the Court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. A land development, as defined herein, shall also be considered to be a subdivision.

SUBDIVISION OFFICER — The specific person designated by the Supervisors to perform all of the administrative duties required by this chapter.

TRAVEL TRAILER — A vehicle, less than 36 feet in length, standing on wheels, and containing not more than one dwelling unit which may be used for temporary living or sleeping purposes, and not intended for occupancy for more than 100 days during any one-year.

UNDEVELOPED LAND — Land in parcels, sufficiently large for future subdivision which is presently in agriculture, woodland or lying fallow.

USE — Any activity carried on or intended to be carried on in a building or other structure or on a tract of land.

WATER FACILITY — Any water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.

YARD — An open space unobstructed from the ground up on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

ARTICLE III Subdivision Procedures

§ 22-6. Stages of review.

A. The procedure for review of subdivision or land development plans normally

includes three stages: sketch, preliminary and final. These stages are necessary to provide the Township Supervisors adequate opportunity to review each proposal and insure that their recommendations may be included in the final plan. Review is required according to the following table.

Subdivision

Plan Stage Minor Major Land Development

Sketch Optional Recommended Required

Preliminary Optional Required* Required*

Final Required Required Required

NOTES:

* *Preliminary review may be waived by the Township Supervisors if the sketch plan is unusually detailed.

B. For each stage of review, the review process shall include no more than 90 days

from the meeting of the Board of Supervisors at which complete submission is made. [Amended 12-10-2007 by Ord. No. 2007-1]

§ 22-7. Sketch plan.

A. Purpose. The purpose of the sketch plan stage is to enable the developer to consult early and informally with the Township Supervisors before preparation of the preliminary plan and formal application for approval.

B. During the sketch plan review, the developer can make use of the services of both the County Planning Commission and the Township Board of Supervisors or its designee to help him analyze the site and plan for its coordination with the community. Also, both municipal bodies have an early opportunity to give informal guidance at a stage when potential conflicts can be more easily resolved. [Amended 12-10-2007 by Ord. No. 2007-1]

§ 22-8. Preliminary plan.

A. Purpose. The purpose of the preliminary plan is to require formal conditional approval of plans in order to minimize changes and revisions before final plans are submitted.

B. Submission. Any subdivider or developer who plans to subdivide his lot, tract or parcel of land for any purpose as defined by the term "subdivision" will submit a preliminary plan which shall be subject to approval, modification or rejection by the Board of Supervisors. Said plan shall be submitted 15 days prior to a regularly scheduled meeting of the Board. The subdivider or land developer shall submit six copies of the preliminary plan to the Secretary of the Supervisors. The preliminary plan shall be drawn by a registered surveyor or a registered professional engineer

licensed as such in the Commonwealth of Pennsylvania.

C. Board of Supervisors referrals. The Board shall submit copies of the preliminary subdivision plan and supporting data to other official public agencies and shall return the plan to the subdivider either approved or with recommendations for changes necessary for approval.

(1) One copy shall be retained by the Secretary of the Board of Supervisors for record.

(2) One copy and a Feasibility Report on Water and Sewer Facilities shall be transmitted to the local office of the Pennsylvania Department of Environmental Protection for review and recommendation where on-lot individual subsurface sewage disposal systems and/or wells are to be utilized in the proposed subdivision.

(3) One copy shall be transmitted to the local office of the Pennsylvania Department of Transportation for review and recommendations concerning the proposed highway system as it will affect existing or proposed extensions of the official state highway system.

(4) One copy shall be transmitted to the Beale Township Planning Commission one week prior for review of engineering requirements. [Amended 12-10-2007 by Ord. No. 2007-1]

(5) One copy shall be transmitted to the Juniata County Planning Commission for review as required by § 502 of the Pennsylvania Municipalities Planning Code (Act 247) as amended.

(6) One copy shall be transmitted to affected public utilities who shall be requested to make recommendations as to the suitability of installing underground telephone and electric lines.

D. Supporting data required with the preliminary plan. The subdivider or land developer shall submit a feasibility report in duplicate concerning the availability and/or adaptability of water and sewer facilities in or near a proposed subdivision. Said report shall be prepared by a registered professional engineer and be submitted in conjunction with the preliminary plan for review and recommendations by the local office of the Pennsylvania Department of Environmental Protection. The feasibility report shall consist of an examination of possible connection to an existing sewerage system and water supply system. The study shall include the distance from the nearest public sewer, and the capacity of the existing system to accommodate the proposed land. If connection to an existing sewerage system is not deemed feasible, the possibility of constructing a separate sewerage system and treatment works shall be investigated. The study shall include the location of treatment facilities, receiving stream, type and degree of treatment and design capacity. If either of the above methods of sewerage disposal are found to be feasible, formal application shall be made to the Commonwealth of Pennsylvania, Department of Environmental Protection and a permit obtained from the Sanitary Water Board prior to the construction of sewers or treatment facilities. In all cases

where on-site sewage disposal systems are proposed, regardless of the number of lots in the proposed subdivision, the subdivider or developer shall submit certification from the Department of Environmental Protection that the lots as designed are suitable for on-site sewerage disposal by means of septic tanks. The Board of Supervisors will approve on-lot individual subsurface sewage disposal systems only where the feasibility report indicates:

(1) Justification of the project necessitates consideration of this method.

(2) The soil absorption is satisfactory for this type of system. (NOTE: The said absorption tests shall be performed in accordance with the regulations of the Pennsylvania Sewage Facilities Act and shall be certified by a Sanitarian of the Pennsylvania Department of Environmental Protection.)

(3) Such systems will not endanger groundwater supplies below the level of the absorption system.

(4) The systems will not be installed in creviced rocks or limestone formations.

E. Board of Supervisors review of the preliminary plan. Upon receipt of data required by this article, the Board of Supervisors shall review the preliminary plan with reference to the following:

(1) The standards and requirements of this article.

(2) The recommendations of the Township Engineer.

(3) The recommendation received from the Juniata County Planning Commission.

(4) The recommendations received from the Pennsylvania Department of Environmental Protection.

(5) The recommendations received from the Pennsylvania Department of Transportation.

(6) The recommendations of affected public utilities.

F. Approval of the preliminary plan by the Board of Supervisors.

(1) The Township Board of Supervisors shall act on any preliminary plan within 90 days of the first meeting following its submission being received by the Township. Failure of the Township Board of Supervisors to render a decision and communicate it to the subdivider or land developer within the time and in the manner required shall be deemed as approval of the preliminary plan unless the subdivider has agreed in writing to an extension of the time in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. [Amended 12-10-2007 by Ord. No. 2007-1]

(2) The Township Board of Supervisors may approve the plan in whole or in part, or subject the plan to modifications or conditions, or may disapprove the plan. The decision of the Supervisors shall be in writing and shall be communicated

to the subdivider or land developer personally or mailed to him at his last known address not later than five days following the decision.

(3) When a preliminary plan is not approved in terms as filed, the decision shall specify the defects found in the plan and described the requirements which have not been met, and in each case, cite to the provisions of the statute or ordinance relied upon.

(4) If approved conditionally, said changes and/or additions to the preliminary plan shall be noted in the letter to the subdivider or developer by the Township Secretary. It will be necessary for the subdivider or developer to conform to said conditions before the final plan may be submitted for review and approved by the Board of Supervisors.

(5) If the subdivider makes substantial changes in his preliminary plans after they have been approved in preliminary form, such revised plans shall be treated as preliminary plans when resubmitted.

(6) In the event the preliminary plan covers but a fraction of the subdivider's tract, an additional drawing showing the proposed street system, public spaces and other features which will be pertinent to the development of the entire tract shall be submitted to the Board as supporting documentation with the preliminary plan.

G. Effect of approval of preliminary plan. Approval of the preliminary plan by the Township Board of Supervisors constitutes conditional approval of the subdivision as to the character and intensity of development, the general layout and the approximate dimensions of streets, lots and other planned features. This approval binds the subdivider or developer to the general scheme shown on the preliminary plan. Approval of the preliminary plan shall not constitute approval of the final subdivision plan, nor does it authorize recording of the preliminary plan or the sale of any lots; however, such approval does authorize the subdivider to proceed with the preparations of improvements or posting of a bond guarantee as specified in Article VI of this chapter.

H. Fees. The Township Supervisors shall by resolution create a schedule of fees to be paid by the subdivider to defray the cost of administering and processing of plans. A fee shall be paid for the following:

(1) Filing of preliminary plan.

(2) Filing of final plan. Before approval of the final plan, the subdivider or land developer shall pay to the Township an amount determined by the Township Engineer and the Township Solicitor to cover the reasonable cost of: (1) reviewing the subdivision or land development plan engineering details; (2) inspecting the site for conformance of survey; (3) preparing cost estimates of required improvements; (4) inspecting the site of required improvements during installation; (5) inspecting for final completion of installation of required improvements; (6) administering, including legal services, necessary for the processing of the proposed subdivision plan. Any engineering, legal

and administrative costs in excess of the amounts submitted prior to the approval of the final plan shall be paid promptly by the subdivider or land developer upon being notified of same by the Township Solicitor. Any excess paid over the amount actually required to cover such costs shall be returned to the subdivider upon the completion of the required improvements.

§ 22-9. Final plan.

A. Purpose. The purpose of the final plan is to obtain formal approval by the Board of Supervisors of completed plans and to enter into necessary performance bonds or contracts prior to recording of the plan and commencement of the work. The final plan shall conform substantially to the preliminary plan as approved; but, if desired by the developer, the final plan may constitute only that portion of the approved preliminary plan of lots which he proposes to record and develop at the time.

B. Submission of final plan. Fifteen days prior to a regularly scheduled meeting of the Township Board of Supervisors, the subdivider or developer shall submit six copies of the final plan to the Secretary of the Board of Supervisors. The final plan shall be drawn by a registered surveyor or a registered professional engineer licensed in the Commonwealth of Pennsylvania. Submission of the final plan shall take place within six months after the approval of the preliminary plan by the Township Board of Supervisors. If the subdivider does not submit the final plan during that time, the approved preliminary plan becomes null and void. However, the subdivider may, due to extenuating circumstances, apply and receive a time extension from the Board of Supervisors.

C. Board of Supervisors referrals. The Board of Supervisors shall submit copies of the final subdivision plan and supporting data to other official public agencies and shall return the plan to the subdivider either approved or with recommendations for changes necessary for approval.

(1) One copy shall be retained by the Secretary of the Board of Supervisors for record.

(2) One copy shall be transmitted to the Pennsylvania Department of Environmental Protection for review and mapping of the proposed utilities system.

(3) One copy shall be transmitted to the local office of the Pennsylvania Department of Transportation for review and mapping of dedicated streets.

(4) One copy shall be transmitted to the Beale Township Planning Commission for review of Engineering requirements. [Amended 12-10-2007 by Ord. No. 2007-1]

(5) One copy shall be transmitted to the Juniata County Planning Commission for review as required by § 502 of the Pennsylvania Municipalities Planning Code (Act 247) as amended.

(6) One copy shall be transmitted to all affected public utilities which shall be

requested to make recommendations as to the suitability of installing underground telephone and electric lines.

D. Board of Supervisors review of the final plan. The Board of Supervisors shall review the final plan with reference to the following:

(1) The standards and requirements of this chapter.

(2) Other pertinent data including engineering plans, maps, profiles, documents and specifications and conditions which were agreed upon at the time of the preliminary plan review.

E. Improvements to be provided by subdivider. In all cases, the subdivider shall be responsible to pay for the cost of installation of all required improvements under supervision of the Township and in the manner specified by the Township and in accordance with §§ 509 and 510 of the Pennsylvania Municipalities Code, Pennsylvania Act No. 247 of 1968, as amended by Act 170 of 1988.

F. Method of providing improvements. No final plan shall be approved by the Supervisors until provision has been made by the subdivider for the proper installation of required improvements in either of the following ways, in accordance with the requirements of the Pennsylvania Municipalities Planning Code.

(1) Construction of improvements. The subdivider may elect to physically install, prior to final plan approval, all of the required improvements in accordance with standards and specifications contained in this article and with the final plan submitted to the Supervisors provided that such final plan has been conditionally approved by the Supervisors, subject to the construction of improvements as required herein and subject to the execution of the development agreement set forth in Subsection H. At various times during construction of improvement, the Township Engineer shall be authorized by the Supervisors to inspect said improvements and shall certify if all improvements have been installed in accordance with this chapter. Upon receipt of such a certification, the Supervisors may then proceed to final approval of the final plan. No final plan may be recorded until such final approval has been received.

(2) Financial security.

(a) In lieu of Subsection F(1) above, the subdivider shall deposit with the Township sufficient financial security to secure to the public the completion of all of the required improvements within one year of the proposed completion date which is set forth in the subdivision plan and in the development agreement referred to below in accordance with the requirements of the Pennsylvania Municipalities Planning Code. The performance guarantee must be approved by the Township Board of Supervisors with advice of the Township Solicitor and Township Engineer and shall be a bond, certified check or other satisfactory security subject to the following conditions:

[1] Payable to Beale Township Board of Supervisors.

[2] Payable in an amount sufficient to complete the required improvements in compliance with these regulations.

[3] Specify a satisfactory completion date for the required improvements.

(b) Said financial security shall be provided by posting a bond with a bonding company or with a Federal or Commonwealth chartered lending institution. The amount of said financial security shall be equal to 110% of the cost of completion of the required improvements estimated as of 90 days following the date scheduled for completion by the subdivider. Said estimate shall be prepared and may be revised annually as set forth in the Pennsylvania Municipalities Planning Code.

(c) Said amount of security may be increased by an additional 10% for each one-year period beyond the first anniversary date for the initial posting of the financial security.

(d) Notwithstanding the submission of said financial security as required herein, no occupied structure within the proposed subdivision and land development shall be without suitable street access improved with at least the required base, curbs, gutters and utilities for a period of time longer than six months.

(e) The provision of such financial security may be made available by the subdivider in accordance with any staging plans approved by the Supervisors.

G. Financial security for maintenance. Where the Township accepts dedication of any required improvements, the Supervisors may require the posting of financial security to secure the structural integrity and functioning of said improvements in accordance with the design and specifications approved in the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Financial security for maintenance shall be posted as required by Subsection F(2) and the amount shall not exceed 15% of the actual cost of the installation of said improvements. Financial security for maintenance of improvements installed under the jurisdiction and rules of a public utility or a municipal authority shall be posted in accordance with the requirements of said public utility or municipal authority or other appropriate agency and shall not be included in the financial security posted with the Township.

H. Development agreement. All subdividers proposing any subdivision or land development requiring the installation of improvements as required herein shall be required to enter into a legally binding development agreement with the Township guaranteeing the installation of said improvements in accordance with this article. The development agreement shall be in form suitable for execution by the Township and it shall consist of the following where applicable:

(1) The construction authorized by the approved final plan, or in the case where Subsection F(2) applies, in accordance with conditionally approved final plan.

(2) Construction of streets with any other required improvements.

(3) Installation of utility lines.

(4) Installation of underground streetlighting cable and streetlighting poles.

(5) Dedication of streets, transfer of water and sewer lines and easements to the Township.

(6) Prevention of erosion and water damage to adjacent property.

(7) Subdivider's responsibilities for damage to other property.

(8) The responsibility for providing necessary inspections to ensure compliance with this chapter shall be clearly identified.

(9) A work schedule, beginning and ending date, for improvements contained herein.

(10) All planning, engineering, inspection and legal service costs incurred or to be incurred by the Township including cost of preparing this development agreement shall be identified and that amount agreed upon for payment by the subdivider on a regular basis.

(11) Posting of the required financial security to insure completion of all of the required improvements in accordance with Subsection F(2), if applicable.

(12) Where the Township accepts dedication of any required of any required improvement, posting of the required financial security may be required by the Township to secure the structural integrity and the functioning of said improvement in accordance with Subsection G.

(13) The developer shall provide the Township with two sets of reproducible as-built plans, including all improvements which are properly referenced to identify specific locations.

(14) Provisions for violation of the development agreement.

(15) The subdivider shall secure or maintain public liability insurance.

(16) A save harmless clause.

(17) Liability of subdivider during warranty period.

(18) No improvements shall be commenced or work begun prior to the execution of this agreement, and the delivery of the required financial security in compliance with Subsection F(2) if applicable.

(19) Other requirements to assure compliance with this article.

I. Release from financial security for improvements. The financial security provided

by the subdivider shall be released as follows:

(1) When the subdivider has completed all of the necessary and approved improvements, he shall so notify the Township in writing by certified or registered mail and send a copy to the Township Engineer.

(2) Within 10 days of receipt of such notice, the Township shall direct and authorize the Township Engineer to inspect all of the improvements.

(3) The Township Engineer shall then file a written report with the Supervisors and shall mail a copy to the subdivider by certified or registered mail within 30 days after his receipt of authorization to inspect all improvements from the Township. Said reports shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, with a statement of reasons for any non-approval or rejection.

(4) The Township shall notify the subdivider in writing by certified or registered mail of its action in relation to the improvements provided.

(5) If the Supervisors or the Township Engineer fail to comply with the above time limits, all improvements will be deemed to have been approved and the subdivider shall be released from all liability pursuant to its financial security.

(6) Any improvements not approved or rejected by the Township shall be expeditiously completed by the subdivider and upon completion, the same notification procedure as above shall be followed.

(7) If any required improvement has not been installed as required by this chapter, by the approved final plan or by the executed development agreement, then the Township shall enforce the financial security posted by appropriate legal and equitable remedies. If the proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to the required improvements, the Township may, at its option, install part of such improvements and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder.

§ 22-10. Release from financial security for maintenance.

The financial security for maintenance shall remain in effect for a period of 18 months after acceptance of dedication by the Township or other appropriate agency. Said release shall be effected utilizing the same notification procedures set forth in § 22-9I.

A. Exemption for small subdivisions. The provisions of §§ 22-9F through 22-9I above may be waived by the Supervisors only for the following types of subdivisions if the Supervisors determine and make a finding in writing with the appropriate reasons set forth, that conformance to said sections are not required to ensure the proper completion of the subdivision in accordance with the intent and objective of this article. The Supervisors may, for subdivisions exceeding 10 acres in size where large tracts are proposed, waive the ten-acre maximum requirements set forth above.

(1) Small subdivisions and/or land developments less than 10 acres in size and containing no more than 10 lots, and not involving the provision of any new streets, easements for access or other public improvements.

(2) Subdivision to be served by a public street, as permitted herein, which are not subject to future extension and where such public street serves less than six dwelling units.

B. Approval of the final plan by the Supervisors. Upon receipt of the final plan, the Board of Supervisors shall review the final plan for compliance with the provisions of this article. The Board of Supervisors may approve the plan in whole or in part, or subject the plan to modifications by conditions, or may disapprove the plan. The action taken by the Supervisors shall be recorded on all copies of the final plan within 90 days of the first meeting of submission to the Township of the final plan from the Township Secretary. Failure to render a decision and communicate it to the subdivider within the time and manner prescribed shall be deemed approval of the final plan. [Amended 12-10-2007 by Ord. No. 2007-1]

(1) In the case where development is projected over a period of years, the Township Supervisors may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

(2) At the time of final approval, the original drawing showing the final plan shall be made available for authorization by the Township Board of Supervisors. The Board shall sign this original drawing and return it to the subdivider or developer for compliance with the recording requirements.

(3) When a final plan is not approved in terms as filed, the decision shall specify the defects found in the final plan and describe the requirements which have not been met, and in each case, cite to the provisions of the statute or ordinance relied upon.

(4) In addition, the Board of Supervisors shall notify the subdivider of its decision in writing by mailing it to him at his last known address not later than five days following the decision.

C. Recording of final plan.

(1) The subdivider shall record the final plan in the Office of the Recorder of Deeds of Juniata County within 90 days after the effective date of approval by the Supervisors. The copy of the final plan filed for recording shall be known as the "record plan." It shall be a clear and legible document in a form as required by the County Recorder of Deeds, bearing all required endorsements. Failure to record the final plan as required herein shall render all approvals null and void.

(2) The Recorder of Deeds of Juniata County shall not accept any such plan for recording unless it is the final record plan as defined herein which shall

contain the official original endorsements of approval of the Supervisors, including evidence that the requirements of Pennsylvania Acts 247 and 537 have been complied with, and of the review by the Juniata County Planning Commission.

(3) The Supervisors may extend said ninety-day limit, if requested in writing and if compliance with any condition for approval as set forth by the Supervisors shall require a greater time limit for recording.

(4) The recording of the plan shall not constitute grounds for increased assessment until such time as lots are sold or improvements installed on the land included within the subject plan.

§ 22-11. Special procedures.

A. Minor subdivisions. Minor subdivision plans are not required to be reviewed until the final plan stage, although developers are encouraged to take advantage of earlier review stages to avoid modifications at the final plan stage. Fees shall be submitted in accordance with § 22-8H herein. All submission, review, approval and recording procedures applicable to normal final plans shall be met. Plans and data required by § 22-24 herein shall be submitted.

B. Resubdivision. For any replotting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision, except that lot sizes may be varied on an approved plan after recording, provided that: (1) no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan, (2) drainage easements or rights-of-way shall not be changed, (3) street alignment and block sizes shall not be changed, (4) the rear portion of lots shall not be subdivided from the front part and (5) the character of the area shall be maintained.

C. Effect on existing subdivision plans. The regulations of this chapter shall apply to all existing subdivision plans which may or may not have been approved by the Supervisors prior to the passing of this chapter. Undeveloped areas, whether laid out in streets and lots within subdivisions existing prior to the passage of this chapter, shall be developed entirely in strict accordance with this chapter. All of the limitations and restrictions imposed herein shall apply to such undeveloped areas.

D. Sale of lots and erection of buildings. No lot in a subdivision may be sold and no building may be erected in a subdivision unless and until a subdivision plan has been approved, and if required recorded, and until any improvements required by the Supervisors in connection therewith have either been constructed or guaranteed, as hereinabove provided.

E. Subdivision of lands without filing of plan. The Board of Supervisors will not approve the subdivision of a lot, tract or parcel of land without requiring that a plan thereof be prepared and submitted as hereinbefore set forth. No exceptions to the requirements of filing a subdivision plan in any instance will be granted by the Board of Supervisors.

F. Plans exempted from standard review procedures. A simplified procedure for the submission and approval of subdivision and land development plans may be utilized when the following conditions exist:

(1) Small subdivisions and land developments. The subdivider of a small subdivision and/or land development, less than 10 acres in size and containing no more than 10 lots, and not involving the provision of any new streets, easements of access or other public improvements, may elect to omit the preliminary plan application review set forth above. The Supervisors may, for subdivisions exceeding 10 acres in size where large tracts are proposed, waive the ten-acre maximum requirements set forth above. Such a subdivision or land development shall not be the first stage of a larger development. In such a case, the subdivider shall submit the final plan application which shall be processed in accordance with the requirements of § 22-9B. Said final plan application, if it does not require any alteration or modification, may be approved by the Supervisors. However, in the event that a modification or condition for approval is required, as determined by the Supervisors, then the plan shall be considered to be a preliminary plan and a new final plan application incorporating the required conditions or modifications shall be submitted. Any subdivider desirous of following this procedure may submit a sketch plan as set forth in §§ 22-7 and 22-21 in order to expedite the preparation of the final plan.

(2) Agricultural parcels. The division of land, by lease, for agricultural purposes into parcels of more than 10 acres and not involving any new street or easement access is exempted from the provisions of this chapter, except that this shall not apply to agricultural subdivisions which are also used for other purposes such as for recreation, seasonal residential, commercial, industrial or other nonagricultural activities.

(3) Other exemptions. Certain "land developments" as set forth in the definition of land development included herein have been exempted from the provisions of this chapter.

ARTICLE IV Design Standards


This article sets forth certain minimum design standards which shall apply to all subdivisions and land developments and which shall govern the layout and location of physical features included in any plan.

§ 22-13. Design standards details.

The design standards listed below, and in Tables 1 and 21 herein, shall be incorporated in all proposed plans. 1. Editor's Note: Tables 1 and 2 are included at the end of this chapter.

A. Conformance with other requirements. All subdivisions and land developments shall comply fully with all Federal, State, County, Township and other applicable laws and regulations. Evidence of the receipt of any permits or approvals required by such laws and regulations shall be submitted by the subdivider and shall be a condition of the approval of any plan submitted under this chapter. Where such other laws and regulations are more restrictive than those contained herein, such other regulations shall be observed unless specifically stated otherwise herein.

B. General design standards and Comprehensive Plan requirements.

(1) Land shall be suited to the purpose for which it is to be subdivided. Land which is unsafe or unsuited for development due to flooding, wetlands, subsidence, underground fires, open quarries, unconsolidated fill, steep slopes or other hazardous conditions shall not be subdivided unless proper safeguards are provided by the developer and approved by the Supervisors.

(2) Consideration shall be given in the design of all land developments and subdivisions to the future development needs of the Township and to any objectives established in any Township comprehensive or master plan for land use, streets and thoroughfares, public utilities and facilities and to other governmental plans affecting the subdivision and land development.

(3) All subdivision and land development plans shall conform with any officially adopted zoning ordinance or official map concerning the area.

(4) No subdivision or land development plan shall create a nuisance for any abutting property, the neighborhood in which the plan is proposed or for the Township as a whole. The Supervisors shall determine if a nuisance is being created by the plan, as defined by applicable Federal, State, County, Township laws and regulations.

(5) In reviewing subdivision and land development plans, the Supervisors will consider the adequacy of existing or proposed community facilities to serve the additional dwellings or uses proposed by the subdivision.

(6) Areas may be required to be provided or reserved for such community facilities and these should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed.

(7) The layout of the proposed subdivision shall be in general conformity with the features or developments proposed in any officially adopted plan of the Township.

(8) All plan proposals shall be coordinated with existing and proposed development on adjoining or adjacent land.

(9) Unless specifically set forth herein design standards for streets and driveways shall be as set forth in the latest edition of PennDOT publication entitled "Guidelines For Design of Local Roads and Streets-Publication 70."

C. Environmental protection standards.

(1) In the design of any subdivision and land development, the Supervisors shall require that maximum consideration be given to the preservation and protection of the natural environment so as to safeguard the public health, safety and welfare of all residents of the Township and to minimize any adverse effects resulting from the proposed development.

(2) Where the development may create an environmental problem which affects the public health, safety or welfare, the Supervisors may require and the subdivider shall present a plan indicating the specific manner in which the problem will be minimized or eliminated, as further set forth in Subsection C(3) below. No preliminary or final plan application shall be considered effective until such a required environmental plan has been submitted. The Supervisors may refer such a plan to any appropriate governmental or other agency or authority qualified to review and/or determine if the plan meets the requirements and objectives of this chapter and the requirements or any other Federal, State, County, Township or other applicable law or regulation.

(3) Environmental factors for which the Supervisors may require a plan include but are not limited to the following:

(a) Erosion and sediment control for which a plan is required as set forth in Subsection P.

(b) Soil conservation and topsoil protection.

(c) Identification and preservation of wetland areas.

(d) Avoidance of drainage problems.

(e) Natural and historic feature preservation.

(f) Adequate provision of utilities in accordance with Subsections N and O.

(g) Sewage system for which a plan may be required in accordance with Subsection N.

(h) Protection of floodplain areas and avoidance of future flooding problems.

(i) Lake, stream and river frontage preservation.

(j) Tree preservation, removal and planting.

(k) Topographic and geologic factors.

(l) Preservation of prime agricultural land.

(m) Control of excessive noise.

(n) Control of excess traffic created by the proposed subdivision.

(o) Where applicable, as determined by the Supervisors, a reclamation and a reseeding plan may be required for mining or earth moving activities or for any use which substantially modifies the nature of the existing

terrain or environment, or which is of a type identified in Subsections D, E and F below.

(4) No subdivision or land development plan shall be approved if it creates any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, chemical storage, environmental or other hazard; noise or vibration; smoke, dust, dirt or other form of air, solid waste or water pollution; electrical, glare, traffic congestion or other disturbance of a permanent or recurring nature which will adversely affect the surrounding area or premises, or be dangerous to public health and safety. The Township may determine compliance with this section based on the following:

(a) Data and information submitted by the subdivider.

(b) Where such data and information is not sufficient to reach a determination, the Township may require additional information from the subdivider.

(c) The Township may also require detailed expert review of all such plans to determine compliance in accordance with established standards or with regulations or applicable governmental agencies.

(5) No subdivision or land development shall create any environmental or nuisance problems which adversely affect areas which are predominately used for residential purposes. Such problems shall consist of the keeping of livestock in or near residential areas, or buildings, or the conversion of a barn, shed or other building for a use involving the keeping of livestock near or in residential areas, operations resulting in excessive noise, odors, pollution, dangerous chemical storage conditions or other operations or uses resulting in unsafe, dangerous, toxic or other conditions adversely affecting the health and welfare of nearby residents. Conversions of land or buildings, or new construction of single-family residential buildings or other buildings which include barns or other buildings designed for the keeping of livestock which would result in the creation of livestock creating the types of problems set forth in Subsection C(4) and this subsection shall be considered as "land developments" as defined in this chapter subject to all applicable requirements herein.

(6) Timber foresting, harvesting and logging operations shall be subject to all applicable DEP, County Conservation District or other existing State or Federal regulations.

D. Street system layout and design standards.

(1) Street dimensions and design standards shall be in accordance with Table 1.2

(2) Proposed streets shall be designed to provide safe and efficient access to all parcels and to create a functional street system. Each street contained in a

2. Editor's Note: Table 1 is included at the end of this chapter.

subdivision or land development plan shall be classified as either a "major street," "collector street," "local street," or "nonresidential street" as defined herein. Such streets shall be designed to minimize street intersections and pedestrian-vehicular conflicts and in accordance with the standards for the appropriate class of street as defined herein and as shown on Table 1. The Township deserves the right to require that all proposed streets be paved according to state specifications. [Amended 12-10-2007 by Ord. No. 2007-1]

(3) The location of all major streets in the proposed subdivision and land development shall conform in general alignment to any official approved Comprehensive Plan, adopted by the Township or the County.

(4) Where a proposed subdivision abuts an existing street which has a narrow width, improper alignment or other deficiency, the Supervisors may require dedication, reservation or easement for additional right-of-way within the property limits of said proposed subdivision to correct the existing deficiency in accordance with the requirements of Table 1.

(5) The street system layout shall make adequate provision for any possible resubdivision or new additional subdivision of the area being subdivided.

(6) The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Supervisors deem such extension undesirable for specific reasons of topography or design.

(7) Streets shall be logically related to the topography to produce usable lots or development parcels and reasonable grades.

(8) Local streets shall be laid out to discourage through traffic, but provisions for street connections into and from adjacent areas will generally be required.

(9) Alleys shall ordinarily not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes.

(10) Proposed streets shall be extended to provide access to adjoining property, as necessary, to preserve the public health, safety or welfare.

(11) Adequate street rights-of-way shall be provided, as necessary, to lots in the proposal which are either large enough to permit resubdivisions or a portion of the tract remains to be subdivided.

(12) Where a subdivision abuts or contains an existing or proposed major street, the Supervisors may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through traffic. Where residential reverse frontage lots are utilized, they shall have a rear yard with a minimum depth of 75 feet to the ultimate right-of-way of the major street on which they abut and they shall have a planting screen easement at least 10 feet wide, across which there shall be no right of access.

(13) New half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards contained herein and where satisfactory assurance for dedication of the remaining part of the street can be secured.

(14) Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract.

(15) Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or as cul-de-sac streets included in the design.

(16) New reserve strips, including those controlling access to streets, shall be avoided.

(17) Names for all new subdivisions, streets, playgrounds and parks shall be shown on all plans and approved by the Township. No name shall be approved which will duplicate or be confused with the name of an existing subdivision, street, playground or park. Existing street names shall be continued whenever possible.

E. Street intersections.

(1) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60°.

(2) Multiple intersections involving junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.

(3) Clear sight triangles shall be provided at all street intersections within which no obstruction to vision shall be permitted between a height of two to 10 feet above the center line grade of each street. Such clear sight triangles shall be established from the point of intersection of the center lines of the intersection streets for a distance of 75 feet where both streets are local streets, 100 feet where one or both streets are collector streets or nonresidential streets, and 150 feet where one or both streets is a major street.

(4) To the fullest extent possible, intersections with major streets shall be located not less than 800 feet apart, measured from center line to center line.

(5) Two streets intersecting a third street from opposite sides shall be laid out directly opposite one another or with a minimum center line offset of 125 feet when all streets are local street, or with a minimum center line offset of 300 feet when one or more of the streets is a collector street, a nonresidential street or a major street.

(6) Minimum curb radii at street intersections shall be 15 feet for intersections involving only local streets, 35 feet for intersections involving collector streets or nonresidential streets and 50 feet for intersections involving major streets.

(7) Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having not greater than a 5% grade for a

distance of 35 feet measured from the nearest right-of-way line of the intersecting street.

F. Cul-de-sac streets.

(1) Dead-end streets serving more than four dwelling units shall be designed as cul-de-sac streets with an improved turnaround.

(2) Cul-de-sac streets, or any system of connected culs-de-sac served by one access point, permanently designed as such, shall be considered to be local streets, shall not exceed 1,000 feet in length, and shall generally furnish access to not more than 25 dwelling units.

(3) Cul-de-sac streets shall be provided at the closed end with a paved turnaround having a minimum radius to the outer improved edge or curbline of 40 feet and a minimum right-of-way radius of 50 feet.

(4) Unless future extension is clearly impractical or undesirable, a right-of-way of the same width as the street shall be carried to the property line from the end of the cul-de-sac in such a way as to permit future extension of the street into the adjoining tract.

(5) No more than three lots shall be at the end of any cul-de-sac. Lot lines are radial and are measured from the minimum building set back line.

G. Lot design standards.

(1) Area and other dimensions of lots and parcels shall conform with the requirements of any zoning ordinance of the Township, or where such zoning ordinance is not in existence, with the requirements of Table 2.3

(2) All lots shall front on a public street.

(3) For lots which are less than one acre in size, the ratio of the depth of any lot to its width shall not be greater than three to one, except as may be specified in any zoning ordinance of the Township.

(4) Side lot lines shall be substantially at right angles or radial to street lines.

(5) If remnants of land exist after subdividing, they shall be incorporated into existing or proposed lots or dedicated to public use if acceptable to the Township.

(6) Double frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.

H. Blocks.

(1) The length, width and shape of blocks shall be determined with due regard to the following:


(a) Provisions for adequate sites for the type of proposed buildings.

(b) Requirements of zoning ordinance.

(c) Topography.

(d) Requirements for safe and convenient vehicular and pedestrian circulation.

(2) Blocks shall normally have a minimum length of 750 feet or maximum length of 1,200 feet. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection and pedestrian travel.

(3) Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used; where special superblock, cluster design, planned unit developments or other large-scale, commercial or industrial developments are proposed; or where topographic or other conditions prevent such a design.

(4) Pedestrian interior crosswalks may be required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a right-of-way width of not less than 10 feet and a paved walk of not less than four feet.

I. Off-street parking and loading.

(1) Every type of residential land development or subdivision shall provide off-street space for at least two vehicles for each proposed dwelling unit. Such off-street parking spaces may be in an individual garage, carport or driveway (located within the lot line) or in a common compound area convenient to the dwelling units to be served.

(2) Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading for the intended use.

J. Driveways.

(1) Driveway widths shall be designed to properly and safely serve the function for which they are intended. Such driveways shall not be less than 10 feet wide or greater than 30 feet wide.

(2) Driveway entrances shall be clearly defined and shall provide a minimum turning radii at the street intersection of 10 feet when serving a residential area and 30 feet when serving a nonresidential development. Such turning radii shall be properly constructed in relation to the type of curb provided.

(3) The number of driveways and driveway intersections on major street shall be minimized and avoided where possible. Permits for driveways intersecting with State roads or highways shall be secured from the Pennsylvania Department of Transportation. Such driveway intersections shall generally not

be located closer than 70 feet from any street intersection right-of-way line.

(4) Driveway grades shall not exceed 10% when access is to a collector or local street, or 7% when access is with a major street, except where such excess grade is required to provide adequate access to the parcel and in such cases, a 7% leveling area shall be provided within 20 feet of the street right-of-way line.

K. Grading and drainage.

(1) Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent the collection of stormwater in pods.

(2) All drainage designs shall carry surface waters to the nearest practical street, storm drain or natural watercourse.

(3) The owner shall construct and/or install such drainage structures and/or pipes necessary to prevent erosion damage and to dispose satisfactorily of surface waters.

(4) No excavation shall be made with a cut face with a slope greater than two horizontal to one vertical except under one or more of the following conditions:

(a) The excavation of a line having a slope of one horizontal to one vertical and passing through any portion of the cut face will be entirely within the property lines of the excavated property.

(b) The material in which the excavation is made is sufficiently stable to sustain a slope of greater than one horizontal to one vertical. In addition, a civil engineer licensed by the Commonwealth of Pennsylvania and experienced in erosion control has certified in writing that the site has been inspected and that the proposed deviation from the slope specified hereinbefore will not endanger any persons or damage any property. Said report by a civil engineer shall be submitted to and approved by the engineer.

(c) A concrete, brick or stone masonry wall constructed in accordance with approved standards is provided to support the face of the excavation.

(5) No fill shall be made which creates any exposed surface greater in slope than three horizontal to one vertical except under one or more of the following conditions:

(a) Settlement, sliding, or erosion of the fill will not result in property damage or in a hazard to adjoining property, streets, alleys, or buildings.

(b) A civil engineer licensed by the Commonwealth of Pennsylvania and experienced in erosion control has certified in writing that the site has been inspected and that the proposed deviation from the slope specified hereinbefore will not endanger any persons or damage any property. Said report by a civil engineer shall be submitted to and approved by the

engineer.

(c) A concrete, brick or stone masonry wall constructed in accordance with approved standards is provided to support the face of the excavation.

(6) The top or bottom edge of slopes shall be a minimum of five feet from property lines or right-of-way lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property.

L. Storm drainage.

(1) All parcels shall be laid out and graded to provide positive drainage away from buildings.

(2) Storm sewers, culverts and related installations shall be provided:

(a) To permit unimpeded flow or natural watercourses.

(b) To ensure adequate drainage of all low points along the line of streets.

(c) To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.

(3) In the design of storm sewerage installations, special consideration shall be given to avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties.

(4) Stormwater management shall conform with the Design Standards for Drainage and Stormwater Management set forth in Appendix A.4

(5) Storm drainage systems shall be designed separately from any sanitary sewer systems, and such storm systems shall be installed in accordance with sound and established engineering practices as determined by the Supervisors. Such storm systems shall be designed to accommodate any storm discharges from the property being subdivided and additional runoff which may occur from higher elevations within the same watershed when it is fully developed. Such storm systems shall not overload existing storm drainage systems or create flooding hazards.

(6) Facilities such as bridges, culverts, dams and other drainage facilities affecting the flow of water in a watershed shall meet the requirements and be approved by any State agency having jurisdiction over such facilities. The necessary permits under Chapter 105 for any obstruction or dam must be obtained from DEP.

M. Easements.

(1) Easements with a minimum width of 20 feet plus the width of any physical improvement or with the minimum width of any natural swale shall be provided as necessary for all utilities and drainage facilities, including

4. Editor's Note: Appendix A is included at the end of this chapter.

installation of private utility services.

(2) Above ground utilities shall be placed along the rear or side lot lines unless the utilities exist along the street prior to the submission of the preliminary plan to the Township.

(3) Easements for installation of the underground conduits for electric power, telephone and television cable lines shall be provided so that each lot or leased unit can be practically served.

(4) Easements shall be centered on or adjacent to rear or side lot lines to the fullest extent possible.

(5) A subdivision or land development traversed by a watercourse shall have a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than 20 feet or as may be required or directed by the Pennsylvania Department of Environmental Protection. The owner shall properly grade and seed slopes and fence any open ditches when the governing body deems it necessary.

N. Water supply and sewerage facilities.

(1) All subdivisions and land developments located within the Township shall be served with an adequate water supply system and with an adequate sewage system. Said systems shall be either an on-lot, publicly owned or private central systems.

(2) The sewer system shall meet the requirements of the Act 537, Official Sewage Facilities Plan, for sewage systems adopted by the Township as required by the Pennsylvania Sewage Facilities Act, as amended, and by the requirements of the Pennsylvania Department of Environmental Protection. Such facilities shall be designed in accordance with requirements of the Pennsylvania Department of Environmental Protection, the Township, and any authority having jurisdiction over such facilities, subject to the review and approval of the Supervisors.

(3) Capped sewers and/or water lines shall be installed when a public sewer and/or water system will be available to serve the subdivision in a reasonable time, not to exceed 10 years, in accordance with the Official Sewage Facilities Plan and/or water plans and other ordinances of the Township.

(4) Any supplement or plan revision of the official plan for sewage systems, as required by Pennsylvania DEP requirements, shall be obtained by the subdivider and made a condition for the final approval of any subdivision or land development. It is recommended that an application for such required supplements or plan revisions be initiated by the subdivider during the preliminary plan phase and prior to submission of the final plan.

(5) All water supply systems and sanitary sewer systems located in any designated floodplain district, whether public or private, shall be flood

proofed to the regulatory flood elevation.

(6) Where a subdivider proposes to provide a water supply by means other than by private wells owned and maintained by the individual owners of lots within the subdivision, then the subdivider shall present evidence to the Township that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

O. Other utilities.

(1) A plan for providing all necessary utility services to the proposed subdivision and land development shall be prepared by the subdivider in cooperation with the appropriate public utility companies and governmental agencies. Wherever possible utilities shall not be placed under the paved portion of a street, and easements should be provided to facilitate utility locations in areas which will facilitate easy access to and repair of utility lines.

(2) Fire hydrants shall be required in medium density areas (net project density of more than three units per acre) and wherever a central water system is installed. Spacing of hydrants shall be such that no residential structure shall be farther than 600 feet and no nonresidential structure shall be farther than 400 feet from a hydrant. Additional standards published by the Insurance Services Office of Pennsylvania may also be applied by the Supervisors.

(3) All electric utility distribution lines, telephone, cable television and other similar lines shall be installed underground in subdivisions or land developments of five or more dwelling units.

(4) Utility easements and trenches shall be occupied jointly by compatible utilities, wherever practicable and in accordance with good engineering practice.

(5) All public and/or private utilities and facilities including gas and electric shall be elevated or floodproofed to the regulatory flood elevation.

P. Erosion and sediment control.

(1) The Pennsylvania Department of Environmental Protection under the authority of the Pennsylvania Clean Streams Act requires that all subdividers proposing subdivisions and land developments requiring the movement of earth shall prepare an Erosion and Sedimentation Control Plan. Said plan shall be prepared in accordance with Title 25, Rules and Regulations of the Clean Streams Law (P.L. 1987) and shall be submitted to the Township as a part of the final plan submission.

(2) If the proposed subdivision and land development is over 25 acres, the subdivider is required by the State to secure a permit from the Pennsylvania

DEP. Said permit shall be a condition for the final approval of any subdivision or land development.

Q. Bridges and culverts.

(1) Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation standards to support expected loads and to carry expected flows. Bridges (and culverts) shall be constructed to the full width of the right-of-way.

(2) The Water and Power Resources Board of the Commonwealth must approve the proposed culvert, when the area drained upstream from the proposed drainage site exceeds 1/2 square mile.

R. Street tree plantings.

(1) Trees should be planted along the development side of all streets where suitable street trees do not exist. The trees shall be planted 40 to 50 feet apart or an equivalent number shall be planted in an informal arrangement acceptable to the Township Supervisors. Trees planted along designated streets shall be planted 30 feet from the legal right-of-way. No trees shall be planted within a street right-of-way.

(2) Trees shall be planted at least 20 feet from the intersection of the street right-of-way lines. Trees shall be planted on the lots.

(3) Trees shall be of nursery stock grown under climatic conditions comparable to those of the region. Trees shall be of symmetrical growth, free of insects, pests, and disease, suitable for street use, and durable under the proposed maintenance. The average trunk diameter measured at a height of six feet above the finished grade level shall be a minimum of 2 1/2 inches.

§ 22-14. Buffering.

Along the border of two different land uses, the developer shall provide lots with extra depth or width for a strip of evergreens to be planted. The depth or width shall be defined to require 25 feet. The plant material used shall be of a minimum height of four feet at the time of planting and shall be planted in a staggered arrangement in order to provide an immediate effect.

§ 22-15. Multifamily development.

A. The density, area, building and parking requirements shall in all respects conform to the municipal standards for multifamily developments.

B. Arrangement of buildings and facilities.

(1) All of the elements of the site plan shall be harmoniously and efficiently organized in relation to the topography, the size and shape of the plot, the character of the adjoining property and the type and size of the buildings to produce a livable and economic land use pattern.

(2) All buildings shall be arranged favorably in relation to the natural topography, desirable trees in existence, natural views within and beyond the site, and exposure to sunlight and other buildings on the site. Grading around buildings shall be designed to accent the natural topography and to assure adequate drainage and safe, convenient access.

C. Access and circulation.

(1) Pedestrian and vehicular access to the dwellings and other important project facilities shall be convenient and easily accessible for the residents.

(2) The developer shall plan for efficient operation and convenient access and circulation of fire apparatus, furniture/moving trucks, fuel trucks, garbage collection trucks, delivery trucks and snow removal equipment.

(3) Walking distance from the main entrance of a building to a street, driveway or parking area shall usually be less than 100 feet. Any exception to this standards should be reasonably justified by compensating advantages, such as desirable views and site preservation through adaptation to topography. The distance from the main entrance of a building to a street, driveway or parking area shall not exceed 250 feet.

D. The yard of each dwelling shall assure adequate privacy, desirable views, adequate natural light and ventilation, convenient access to and around the dwellings, and other essential uses.

E. Streets, driveways and parking areas shall be as specified in other sections of this article.

F. Sidewalks.

(1) Upon completion of a block, street sidewalks and on-site walks shall be provided for convenient, safe access to all living units from streets, driveways, parking areas or garages. Street sidewalks and on-site walks shall be provided for convenient circulation and access to all project facilities.

(2) Width, alignment and gradient of walks shall be safe, convenient and appropriate for pedestrian traffic.

(3) The alignment and gradient of walls shall be coordinated with the grading plan of the streets to prevent the passage of concentrated surface water on or across the walk and the pocketing of surface water on the walks.

G. Shrubbery. The appeal and character of the site shall be preserved and enhanced by maintaining and protecting existing trees and other living site features. Additional shrubbery shall be added for privacy, shade and aesthetics.

§ 22-16. Mobile home park development.

All subdivisions and land developments designed as a mobile home park shall comply with the requirements of the State of Pennsylvania for such mobile home parks. All such

parks shall be subject to the following requirements and to all other applicable requirements of this chapter.

A. Lot requirements. All individual mobile homes located in a mobile home park shall have a minimum lot size, set back, area and side yard as required by any zoning ordinance of the Township or if no such ordinance exists, by the requirements of Table 25 herein.

B. Landscaped buffer areas. Except where affected by access roads or other functional design reasons, the subdivider of all mobile home parks shall provide for the development and maintenance of a landscaped buffer area at least 10 feet in width (in addition to any required yards) along all property boundary lines consisting of fences and/or appropriate trees and/or other suitable natural plant materials. The construction of any buildings or accessory structures shall not be permitted within this buffer area. A planting plan specifying the type, size and location of existing and proposed plant and fence material shall be required.

C. Size and location of mobile home parks.

(1) All mobile home parks shall have a minimum overall tract area of five acres.

(2) Each individual mobile home lot shall have a minimum area of 5,000 square feet. A minimum fifty-foot minimum setback shall exist between any part of the mobile home and the adjoining pavement of any other mobile home, park, street or other common area.

D. Foundation anchors and enclosures.

(1) An adequate number of foundation anchors for the placement and tie-down of the mobile home shall be provided for the purpose of stabilizing the super-structure against uplift, sliding, rotation and overturning. Foundation anchors shall be adequately designed and installed to provide adequate tie-down as required above. Anchors shall be positioned at random distances as required for tie down purposes.

(2) All mobile home parks shall provide for the enclosure of the foundation area on which the mobile home unit is situated. Enclosures shall be installed within a minimum of 180 days after placement of a mobile home unit.

E. Off-street parking. At least two off-street parking places shall be provided for each mobile home.

F. Required improvements. All mobile home parks shall comply with the required improvements set forth in Article V and shall conform with the design standards set forth in Article III. All mobile home parks shall be served with adequate streets, sewer, water and other facilities and shall meet all the requirements of this chapter for residential subdivisions and land developments.

G. Other utility requirements. 5. Editor's Note: Table 2 is included at the end of this chapter.

(1) Each mobile home lot shall be provided with a suitable method for connecting the mobile home sewage drain outlet to the sewer line. Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall be encased in a waterproof catch basin.

(2) Each mobile home lot shall have a water riser pipe which connects the mobile home water system to the central water system.

(3) All fuel storage tanks shall be constructed in accordance with appropriate State agency and fire code regulations.

H. Special design features. The Supervisors will give special consideration to any unique design features required or provided by the mobile home park, including such factors as:

(1) Lots laid out at an angle to streets to facilitate the movement of mobile homes.

(2) One-way streets.

(3) Design to facilitate vehicular circulation and vehicular access to each lot.

(4) Common vehicle parking areas.

(5) Provision of common recreation, open space or service facilities required to meet the needs of the mobile home park.

(6) Provision of adequate and secure storage space and buildings to service the mobile home park.

I. Other site improvements. The Township Supervisors shall require each mobile home park to provide other improvements in the best interests of public health, safety and general welfare. Such other improvements may include, but are not limited to, garbage collection and disposal facilities as approved by the Pennsylvania Department of Environmental Protection and an adequate lighting system throughout the mobile home park.

§ 22-17. Nonresidential development.

A. The developer shall avoid the sale of individual lots for commercial purpose and shall adopt a comprehensive design with allowances for commercial purposes.

B. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to the topography, the size and shape of the plot, the character of the adjoining property, and the type and size of the buildings to produce a livable and economical land-use pattern.

C. Widening of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the governing body to assure the free flow of through traffic from vehicles entering or leaving parking areas.

D. When adjacent lots proposed for nonresidential uses front on a collector, the owner

may be required to provide a service road for ingress and egress. Alternatively, the owner may be required to provide an area adjacent to the proposed lots for off-street parking purposes.

E. Alleys shall be required in commercial and industrial districts, at the discretion of the Board of Supervisors, where other adequate provisions have not been made for off-street loading and parking. Dead-end alleys shall be avoided; however, if a dead-end alley cannot be avoided, the alley shall end in a paved turn around of adequate dimensions.

F. Every effort shall be made to protect adjacent residential areas from potential nuisance of proposed nonresidential developments, including provisions for extra depth in parcels adjoining existing or potential residential developments for a permanently landscaped evergreen buffer strip.

G. Streets for nonresidential traffic shall not normally be extended to the boundaries of the adjacent existing or potential residential areas or be connected to streets intended for predominantly residential traffic.

H. When possible, parking areas shall be located or designed to be visibly secluded from eye level or the surrounding area. Grading to depress the parking area, raising berms, landscaping or fencing are satisfactory methods to create such seclusion.

ARTICLE V Required Improvements


The minimum improvements required for all subdivisions and land developments which shall be provided and installed by the subdivider as a condition for final approval of any plan shall be set forth in this section. Alternate improvement standards may be permitted if the Supervisors deem them equal or superior in performance characteristics to any specified improvements. All improvements are subject to the review, advice and inspection of the Supervisors. Additional or greater quality improvements may be required in specific cases where the Supervisors find them to be necessary to create a condition essential to the public health, safety and general welfare of the citizens of the Township.

§ 22-19. Summary of required improvements.

Minimum improvements to be required of the subdivider, where applicable, shall include the following as specified in Table 3.6 Additional improvements may be required in accordance with other adopted ordinances or regulations.

§ 22-20. Required improvements details.

All required improvements shall be constructed in accordance with the requirements of


this chapter and with Appendix A7 to this chapter which is on file at the office of the Township Secretary. Said Appendix is entitled "Required Subdivision and Land Development Improvements." Said Appendix A may be updated by separate resolution(s) at a legally convened meeting of the Supervisors after publication of a Notice of Intent to adopt such a resolution. The design of all required improvements shall be reviewed by qualified Township staff and/or the Township Engineer and said review shall include a determination that all improvements have been designed in accordance with the Design Standards set forth in Article IV and with other applicable Township requirements and shall be consistent with sound engineering and construction practices.

A. Flood prone area requirements.

(1) All development proposed in any identified one-hundred-year floodplain, as set forth in flood insurance or floodplain ordinances or other applicable authoritative studies shall be designed in accordance with sound floodplain management principles. Such principles shall include the following:

(a) Development in the floodway portion of the floodplain shall be kept free of any encroachment which obstructs or limits the flow of water, except that temporary or seasonal uses which are not permanent and which can be moved or which do not obstruct the flow of water may be permitted by the Supervisors if they do not constitute a potential threat or hazard to life and property.

(b) Development in the floodway fringe portion of the floodplain will be permitted, provided that hazardous velocities are not produced.

(c) The floodway plus the floodway fringe constitute the one-hundred-year floodplain area. The floodway fringe includes the outer limits of the one-hundred-year floodplain area, which if completely obstructed would not increase the water surface elevation of the one-hundred-year flood by more than one foot within the floodway.

(2) No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will individually or collectively increase the one-hundred-year flood elevation more than one foot at any point in the floodway area.

(3) Building sites for residences or other types of buildings or accommodations shall not be permitted in the floodway area. Sites for these uses may be permitted outside the floodway area if the buildings are protected or are elevated to the regulatory flood elevation.

(4) If the Supervisors determine that only a part of a proposed plan can be safely developed, it shall limit development to that portion and shall require development to proceed consistent with this determination.

(5) When a subdivider does not intend to develop the plan under his or her

7. Editor's Note: Appendix A is included at the end of this chapter.

control, and the Supervisors determine that additional controls are required to insure safe development, the Supervisors may require the subdivider to impose appropriate restrictions on the land.

(6) As a basis for determining conformance with these requirements, the Supervisors may utilize information provided by recognized, applicable authorities or studies.

(7) All development in flood-prone areas shall comply fully with the adopted floodplain ordinances of the Township.

ARTICLE VI Plan Requirements

§ 22-21. Sketch plan.

Sketch plans shall be legibly drawn at a scale of one inch to 100 feet or 200 feet and shall contain sufficient information to indicate the nature, scope and concept of the proposed subdivision and land development, the major problems to be resolved, the location of the subdivision tract, preliminary or U.S.G.S. topography if available, the name of the landowner and other data considered essential by the subdivider in presenting his proposal.

§ 22-22. Preliminary plan.

A. Scale. The preliminary plan shall be at a scale of not more than 100 feet to the inch.

B. Plan information.

(1) The preliminary plan shall show or be accompanied by the following information.

(a) Proposed subdivision name or identifying title.

(b) North point, scale and date.

(c) Name of the owner of the property and of the subdivider if different from the owner.

(d) Name of the registered engineer, surveyor, architect or planner responsible for the plan.

(e) Tract boundaries with bearings and distances and total number of acres being subdivided.

(f) Where new street construction or other facilities are proposed, accurate contours at vertical intervals as may be necessary for satisfactory study and planning of the tract.

(g) Where reasonably practicable, date shall refer to known established elevations.

(h) If on-lot sewage is proposed, soils information as mapped by the U.S.

Soil Conservation Service or by another competent qualified soils scientist.

(i) All existing watercoursed, tree masses and other significant natural features.

(j) All existing buildings, sewers, water mains, culverts, petroleum or petroleum product lines, fire hydrants and other significant man-made features.

(k) All existing streets on or adjacent to the tract, including name, right-of-way width and pavement width.

(l) All wetland areas shall be identified as defined and regulated by Pennsylvania DEP and/or the U.S. Army Corps of Engineers.

(m) All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been established.

(n) A location map for the purpose of locating the site to be subdivided at a scale not less than 2,000 feet to the inch showing the relation of the tract to adjoining property to all streets, roads and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided. Also, when applicable, a map showing the location of the proposed subdivision and/or land development, with respect to any involved floodplain district, including information on, but not limited to, the one-hundred-year flood elevations, boundaries of the designated floodplain district, proposed lots and sites, fills, flood or erosion protective facilities.

(o) Location and width of all proposed streets, alleys, rights-of-way and easements; proposed lot lines with approximate dimensions; playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use; proposed public utilities and drainage facilities. Preliminary street profiles may be required by the Supervisors showing the proposed finished grade along the center line and along each right-of-way line.

(p) Wherever practicable, the preliminary plan shall show the names of owners of all abutting unplotted land and the names of all abutting subdivisions.

(q) Where the preliminary plan covers only a part of the subdivider's entire holdings, a sketch shall be submitted of the new prospective street layout for the remainder.

(r) Copies of the proposed deed restrictions, if any, shall be attached to the preliminary plan.

(2) The preliminary plan shall include therein or be accompanied by:

(a) All required permits and related documentation from the Department of

Environmental Protection and any other Commonwealth agency, or from the County or Township where any alteration or relocation of a stream or watercourse is proposed.

(b) Documentation indicating that all affected adjacent municipalities, Pennsylvania DEP, the Department of Community Affairs, and the Federal Insurance Administrator have been notified whenever any alteration or relocation of a stream or watercourse is proposed.

§ 22-23. Final plan.

A. Plan size and legibility.

(1) The subdivision plan submitted for final approval shall be a clear, legible, white print of an ink drawing or suitable equivalent.

(2) Final plans shall be on sheets not larger than 24 inches by 36 inches overall. Where necessary to avoid sheets larger than the maximum size prescribed above. Final plans shall be drawn in two or more sections accompanied by a key diagram showing relative location of the sections.

B. Plan scale and required information.

(1) The final plan shall be legible and at a scale of not more than 100 feet to the inch and shall include the following information.

(a) Subdivision name or identifying title.

(b) North point, scale, date.

(c) Name of the record owner and subdivider.

(d) Name and seal of the registered professional engineer and/or other qualified professional responsible for the plan.

(e) Boundaries of the tract.

(f) Street lines, lot lines, rights-of-way, easements and areas dedicated or proposed to be dedicated to public use.

(g) Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line and to reproduce such lines on the ground.

(h) The length of all straight lines, radii, lengths of curves, tangent bearings and deflection angles for each street.

(i) All dimensions and angles or bearings of the lines of each lot and each area proposed to be dedicated to public use.

(j) The proposed buildings setback line for each street or the proposed placement of each building.

(k) Location, size and invert elevation of all sanitary and storm sewers and

location of all manholes, inlets and culverts and reference locations for all underground utilities.

(l) All dimensions in feet and in hundredths of a foot.

(m) Lot numbers.

(n) Names of streets within and adjacent to the subdivision.

(o) Location of permanent reference monuments.

(p) Names of any adjoining subdivisions, wherever possible.

(q) Names of the owners of any unplotted land, wherever possible.

(r) A letter of intent from the municipality indicating willingness or conditions for acceptance of dedication of streets and other public property.

(s) Certificate for approval and signatures by the Chairman of the Township Supervisors and Township Secretary and with space for acknowledgment of receipt of the plan by the County Recorder of Deeds when it is presented for recording.

(2) The final plan shall include thereon or be accompanied by:

(a) An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.

(b) A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property to the effect that the subdivision as shown on the final plan is made with his or their free consent and that it is desired to record the same.

(c) Certification from the State Department of Environmental Protection when individual sewage disposal or water systems are to be installed as required by Article IV of this chapter, including compliance with applicable Pennsylvania Act 537, Sewage Facilities Planning requirements.

(d) Certification from the Township Engineer or Supervisors that the subdivider has met the applicable requirements of Articles III, IV, V, VI, and VII of this chapter.

(e) Construction plan for all required improvements including typical cross sections, street profiles and drainage details for all streets. Such profiles shall show at least the following: existing (natural) grade along the proposed street center line; existing (natural) grade along each side of the proposed street right-of-way; proposed finished grade at top of curbs; sanitary sewer mains and manholes; storm sewer mains, inlets, manholes and culverts. All such plans shall include a public

improvements list and shall be in a form suitable to serve as a basis for documenting all improvements to be installed.

(f) A contour grading plan may be required if deemed necessary by the Township Engineer or Supervisors to properly establish grading and drainage patterns. Where buildings are proposed to be developed by the subdivider, such a plan may be required to indicate building ground and basement floor elevations.

(g) Protective covenants, if any, in form for recording.

(h) Any other special plans required by the Supervisors in accordance with § 22-13C, O, P and Q of this chapter.

(i) A development agreement and financial security as required herein and in Article III.

§ 22-24. Minor subdivisions.

Minor subdivision plans shall show or be accompanied by the following information:

A. Drafting standards.

(1) The plan shall be drawn at a scale of one inch equals 50 feet, or one inch equals 100 feet.

(2) Dimensions shall be in feet and decimal parts thereof and bearings in degrees, minutes and seconds.

B. General information.

(1) Name of the subdivision of land development.

(2) Name and address of the owner.

(3) Name and address of the engineer or surveyor responsible for the plan.

(4) Date, North point and scale.

(5) A location map for the purpose of locating the site at a scale of not less than 800 feet to the inch.

C. Existing features.

(1) Complete outline survey of the property to be developed, showing all courses, distances and area and tie-ins to all adjacent street intersections.

(2) The location, names and widths of streets; the location of property lines and names of owners; the location of watercourses, sanitary sewers, storm drains and similar features.

(3) The location and character of existing buildings, wooded areas and other features.

D. Proposed layout.

(1) Proposed layout of lots.

(2) Lots numbered.

(3) Building setback lines.

(4) Total area and minimum lot size.

ARTICLE VII Administration and Enforcement

§ 22-25. Administrative action.

A. Subdivision Officer. The Subdivision Officer of the Township shall act as the officer of the Township responsible for administration of this chapter. The Subdivision Officer shall receive and examine all subdivisions and land developments in the name of the Township and shall refer copies of all such plans and applications to appropriate agencies or officials involved. The Township may utilize the assistance of the Township Engineer and/or the County Planning Commission, or other agency designated by the Supervisors to assist the Subdivision Officer. The Subdivision Officer shall also receive information from such agencies or officials and shall transmit these comments to the Supervisors. The Subdivision Officer shall keep records of all applications and plans and of actions taken by the Township on such applications and plans. The Township Engineer, at the request of the Subdivision Officer or the Supervisors, shall make all required inspections called for in this chapter. The Subdivision Officer shall also inform the subdivider and the Township of any violations of this chapter which shall become known to him. The Township Supervisors shall designate the specific person to serve as the Subdivision Officer. Said Subdivision Officer may be any person qualified to carry out the duties set forth herein.

B. Township Supervisors. The Supervisors, with the assistance of the Subdivision Officer and any other agency or professional designated by the Supervisors, shall review all plans to determine conformity with this chapter and shall hold necessary public hearings and shall approve, approve with conditions, or disapprove all plans submitted and shall grant any necessary modifications, variances, or waivers and shall perform all other duties required under this chapter. After approval of any final plan, the Subdivision Officer shall be directed to take any necessary action relative to the making of arrangements for acceptance of dedication of any public right-of-way area shown on the plan by the Township involved and also relative to the execution of the development agreement with the subdivider.

C. Endorsement of record plan. Upon approval of any final plan by the Supervisors, the Chairman of the Supervisors and the Township Secretary shall endorse the required number of copies of the record plan, as required in § 22-9B.

D. Subdivision records. The Subdivision Officer shall keep a record of the findings, decisions and recommendations relative to all subdivision plans and applications

filed for approval. Such records shall be open to the public for review.

§ 22-26. Modifications, appeals and amendments.

A. Modifications. The Supervisors may grant the following modifications and variances subject to such conditions which will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

(1) Modification due to exceptional conditions. The Supervisors may grant a modification to the provisions contained herein for reason of the size or exceptional shape of a specific piece of property, or of exceptional topographic conditions, if the strict application of this chapter would result in extreme practical difficulties and undue hardship upon the owner of such property; provided however, that such relief may only be granted without detriment to the public good and without substantially impairing the intent and purposes of this chapter.

(2) Modification of required improvements. The Supervisors may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article V to ensure the proper completion of the subdivision in accordance with the intent and objectives of this chapter and which are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.

(3) Modification to permit large scale or planned unit developments. The standards and requirements of this chapter may be modified by the Supervisors in the case of plans for complete communities or neighborhood units or other large scale developments or planned residential or unit developments which, in the judgment of the Supervisors, achieve substantially the objectives of the regulations contained herein, and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan.

(4) Requests for modifications. All request for modifications shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. The Supervisors shall keep a written record of all action on all requests for modifications.

B. Reconsideration and appeals to supervisors. Any subdivider aggrieved by a finding, decision or recommendation of any official may request and receive opportunity to appear before the Supervisors, present additional relevant information, and request reconsideration and/or appeal of the original finding, decision or recommendation.

C. Procedure for applying. Applications for modification, variances and appeals to the Supervisors shall be submitted in writing. The application shall state fully the

grounds and all the facts relied upon by the applicant. The Supervisors shall act upon such application within a period of 45 days.

D. Appeals to court. The decisions of the Supervisors with respect to the approval or disapproval of plans may be appealed directly to court as provided for in Pennsylvania Act 247, as amended, the Pennsylvania Municipalities Planning Code.

E. Revision and amendment. The Supervisors may, from time to time, amend this chapter by appropriate action taken after a public hearing on said proposed revisions. Public notice of the date, time and place of such public hearings together with a brief summary setting forth the principal provisions of such amendments, indicating the place and time where copies of the proposed amendments may be examined. Any amendment, other than that prepared by the Township or County Planning Agency, shall be submitted to such planning agencies at least 30 days prior to the date fixed for the public hearing on such amendment.

§ 22-27. Preventive remedies.

A. In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

B. Denial of permit.

(1) The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of the provisions of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:

(a) The owner of record at the time of such violation.

(b) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

(c) The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.

(d) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of violation.

(2) As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance

with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

§ 22-28. Enforcement remedies.

A. Any person, partnership or corporation who or which has violated the provisions of this chapter, or any subsequent amendment hereto, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.

B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

§ 22-29. Conflict and validity.

A. Severability. If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Beale Township Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof not been included herein.

B. Hold harmless clause. Any approval granted by the Supervisors under this chapter does not relieve the subdivider of the legal responsibility for meeting all other legal requirements under local, Commonwealth and Federal law, and said subdivider shall be responsible for providing a safe, environmentally sound and properly constructed subdivision which does not adversely affect the public health, safety or welfare. All aggrieved persons, firms or corporations may take appropriate legal remedies against the subdivider in the event of any failure on the part of the subdivider. The Township of Beale, the Township Supervisors and all officials of

the Township, including all employees or consultants of the Township, are hereby held harmless in the event of any failure on the party of the subdivider.

C. Repealer. All ordinances and resolutions heretofore adopted by the Township and such parts thereof as are or may be inconsistent herewith are repealed to the extent of any inconsistency.


22 Attachment 1:1 02 - 15 - 2008

22 Attachment 1

Township of Beale

Appendix A Required Subdivision and Land Development Improvements

Specifications for Required Improvements Beale Township, Pennsylvania

WHERE the following improvements are required in any specific subdivision or land development, the subdivider shall comply with the following minimum requirements. Alternate improvement requirements may be permitted by the Supervisors if they are deemed to be equal or superior in performance and/or maintenance characteristics as determined by the Supervisors. WHERE the requirements set forth below are in conflict with the requirements of Chapter 22, Subdivision and Land Development, then the higher standard as determined by the Supervisors shall apply. The design of all required improvements shall be reviewed by qualified Township staff and/or the Township’s Engineer and said review shall include a determination that all improvements have been designed in accordance with the design standards and other requirements of Chapter 22, Subdivision and Land Development, and with these specifications and that they are consistent with sound engineering and construction practices. Specific Improvement Specifications are set forth below: Streets — All required streets in the Township shall be consistent with the requirements of

Chapter 22, Subdivision and Land Development, as it may be amended setting forth rules and regulations with respect to street improvements.

Where the above standards do not govern all of the street improvements required then

PennDOT Standards contained in their publication entitled “Guide Lines for Design of Local Roads and Streets-Publication 70,” as it may be amended, shall apply.

Curbs and gutters — All required curbs and gutters shall be installed in a permanent

manner, which adequately controls drainage and which minimizes future maintenance, in accordance with accepted engineering practices.

Where possible and appropriate the use of valley type concrete or asphalt gutters shall be

used to control drainage in the low density and very low density residential areas. Where appropriate to the density and character of development proposed to existing

topography and other design and long-term maintenance factors, the Supervisors may approve property designed swales to be used in lieu of concrete or asphalt gutters.

Sidewalks and crosswalks — Sidewalks, where required by the Supervisors, shall be

located within the street right-of-way, or an easement designated for that purpose, and shall

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not be closer than one foot from the right-of-way or easement line, nor closer than 3 feet from any curb or shoulder line.

Sidewalks and crosswalks shall be a minimum of 42 inches wide and shall be constructed

of concrete four inches thick in residential areas and six inches thick in commercial and industrial areas, placed on a suitable subbase. Sidewalks at driveway crossings shall be at least six inches thick.

All sidewalks shall be designed in accordance with established engineering practice and

subject to the approval of the Supervisors. Monuments and markers. A. Monuments shall be of concrete or stone with a minimum size of six inches by six inches

by 36 inches and shall be marked on top with 1/2 inch round brass pin or a drilled hole. Markers shall consist of iron pipes or iron or steel bars at least 24 inches long, and not less than 3/4 inch in diameter.

B. Monuments and markers shall be placed so that the scored or marked point shall coincide

exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground. The elevation shall be permanently recorded on at least one monument.

C. Monuments shall be set in readily accessible locations at all corners and angle points of the

boundary of the original tract being subdivided and at a minimum of two points from intersection of the right-of-way lines at all street intersections so as to permanently locate or provide reference for all property lines.

D. Markers shall be set: (1) At the beginning and ending of all curves along street property lines. (2) At all points where lot lines intersect curves, either front or rear. (3) At all angles in property lines of lots. (4) At all other lot corners. E. Any monuments or markers that are removed shall be replaced by a professional surveyor

at the expense of the person removing them. Street name signs — Street name signs shall be provided at the intersections of all streets. The style, color, size and lettering of all signs shall be subject to review and approval of the Supervisors.


22 Attachment 1:3 02 - 15 - 2008

Streetlighting — Streetlights, where required by the Supervisors, shall be installed with underground lines wherever possible. The subdivider shall provide or make arrangements for a complete energy efficient street lighting system within the subdivision. Such systems shall provide a safe level of illumination and shall be reviewed by the appropriate utility company. Fire hydrants — Fire hydrants shall be provided in accordance with the requirements of the principal applicable fire company that serves the proposed subdivision. Electric and telephone — Such utilities shall be installed underground where possible, in accordance with the requirements of the appropriate utility companies, subject to approval by the Supervisors. Central water and sewer facilities — All such facilities shall be subject to the approval of the Supervisors and be provided in accordance with the requirements of Pennsylvania DEP and of Chapter 22, Subdivision and Land Development, and with any officially adopted sewer and/or water plan of the Township and of the County. Central sewer or water facilities shall also be subject to the technical specifications of any applicable municipal authority. Central water facilities shall also be subject to the requirements of Chapter 22, Subdivision and Land Development, including § 22-13 where applicable. Design standard for drainage and stormwater management — Required storm drainage improvements shall be based on the design principles contained in Chapter 22, Subdivision and Land Development, and on sound engineering practices and shall comply with any officially adopted stormwater management plan for the Township or the County and with the requirements set forth below: A. General design recommendations. (1) In the interest of (1) reducing the total area of impervious surface, (2) preserving

existing features which are critical to stormwater management, and (3) reducing the concentration of stormwater flow, the designer should consider alternate design concepts and the design flexibility provided by the waiver process.

(2) Maximum use should be made of the existing on-site natural and man-made

stormwater management facilities. (3) Innovative stormwater management and recharge facilities may be proposed (e.g.,

rooftop storage, parking lot ponding, recreation area ponding, diversion structures, aerated lawns, porous pavements, holding tanks, infiltration systems, stream channel storage, in-line storage in storm sewers and grading patterns), provided they are accompanied by detailed engineering plans and performance capabilities.

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22 Attachment 1:4 02 - 15 - 2008

B. Design standards. The standards contained in this section shall apply as minimum design standards; however, Federal, State, and local regulations may impose additional standards subject to their jurisdiction.

(1) All projects shall be designed so that the peak discharge of the calculated post-

development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff. The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation.

Runoff calculations for the post-development and pre-development comparison shall

use the two- , five- , ten- , twenty-five- , fifty- and one-hundred-year frequency storm event.

(2) The design of stormwater management collection and conveyance facilities shall be

based on a ten-year frequency storm event or a larger storm event which is specified in an applicable Federal or State standard.

(3) Runoff calculations shall be based upon the USDA Soil Conservation Service Soil-

Cover-Complex Method for drainage area greater than 320 acres, the rational Formula of Q=CIA for drainage area less than or equal to 320 acres, or any other method acceptable to the municipal engineer. If the Soil-Cover-Complex method is used, stormwater runoff shall be based on the twenty-four-hour storm events.

(4) Consideration shall be given to the relationship of the subject property to the drainage

pattern of the watershed. (5) Stormwater shall not be transferred from one watershed to another, unless (1) the

watersheds are sub-watersheds of a common watershed which join together within the perimeter of the property, (2) the effect of the transfer does not alter the peak discharge onto adjacent lands, or (3) easements from the affected landowner are provided.

(6) A concentrated discharge of stormwater to an adjacent property shall be within an

existing watercourse or enclosed in an easement or the discharge must be returned to a predevelopment condition.

(7) The proposed stormwater discharge at the perimeter of the site shall not be beyond

the capacity of any existing, immediately contiguous stormwater management facility into which it flows.

(8) Retention basins and detention basins, except sediment basins, shall be designed to

safely discharge the peak discharge of a post-development one-hundred-year frequency storm event through an emergency spillway and all other outlets combined in a manner which will not damage the integrity of the basin.

(9) Retention basins and/or detention basins and water-carrying facilities shall be

stabilized promptly.


22 Attachment 1:5 02 - 15 - 2008

(10) Retention basins and/or detention basins shall be designed and maintained to insure the design capacity after sedimentation has taken place.

(11) Basins which are not designed to release all stormwater shall be specifically

identified as retention basins or permanent pond basins. All other basins shall have provisions for de-watering, particularly the bottom, and shall not create swampy and/or unmaintainable conditions. Low flow channels and tile fields may be used to de-water the bottom of a basin.

(12) Retention basins and/or detention basins which are designed with earth-fill dams

shall incorporate the following minimum standards: (a) The height of the dam shall not exceed 15 feet, unless approved by waiver of

Beale Township. (b) The minimum top width of dams up to 15 feet in height shall be equal to 2/3 of

the dam height, but in no case shall the top width be less than five feet. (c) The side slopes of the settled earth fill shall not be less than 2 1/2 horizontal to

one vertical. (d) A cutoff trench of relatively impervious material shall be provided under all

dams, except for those dams with side slopes of three horizontal to one vertical or flatter. The dam with flatter sides shall be provided with a key trench.

(e) All pipes and culverts through dams shall have properly spaced concrete cutoff

collars or factory welded anti-seep collars. (f) A minimum one-foot freeboard above the design elevation of the water surface

at the emergency spillway shall be provided. (13) The capacities of pipes, gutters and swales shall be calculated by the Manning

Equation or any other method caliber which is acceptable to the municipality. Additionally, consideration shall also be given to all hydraulic conditions which may apply.

(14) Storm sewers shall be provided with manholes at a maximum interval of 600 feet.

Manholes shall also be provided at points of abrupt changes in the horizontal direction except for pipes with at least a thirty-six-inch diameter or height. Inlets may be substituted for manholes where they will serve a useful purpose.

(15) Curved pipes, tee joints, elbows and wyes are prohibited except for pipes with at least

a thirty-six-inch diameter or height. (16) The maximum velocity of stormwater runoff shall be maintained at levels which

result in a stable channel both during and after channel construction. The following are characteristics of a stable channel:

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22 Attachment 1:6 02 - 15 - 2008

(a) It neither agrades nor degrades beyond tolerable limits. (b) The channel banks do not erode to the extent that the channel cross-section is

changed appreciably. (c) Excessive sediment bars do no develop. (d) Excessive erosion does not occur around culverts and bridges or elsewhere. (e) Gullies do not form or enlarge due to the entry of uncontrolled stormwater

runoff. (17) Grass lined channels shall be considered stable if the calculated velocity does not

exceed the allowable velocities shown below: (a) Three feet per second where only sparse vegetation can be established and

maintained because of shade or soil condition. (b) Four feet per second where normal growing conditions exist and vegetation is to

be established by seeding. (c) Five feet per second where a dense, vigorous sod can be quickly established or

where water can be temporarily diverted during establishment of vegetation. Netting and mulch or other equivalent methods for establishing vegetation shall be used.

(d) Six feet per second where there exists a wall established sod of good quality. The calculated channel flows may be exceeded if the designer can provide

supportive design criteria as proof of erosion prevention or an adequate erosion protection facility.

Additionally, consideration shall be given to critical flow conditions within the

channel. (18) When stormwater management plans are for a portion of a larger project, a

generalized stormwater management plan for the entire project shall be submitted. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted plans. In the event temporary measures cannot adequately handle the stormwater runoff, the main outfall line shall be included as part of the construction of the proposed section.

(19) The applicant must comply with the Erosion Control Rules and Regulations of Title

25 Rules and Regulations, Part I; Department of Environmental Protection, Subpart C; and Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, as amended. In addition, the following principles shall be applied to


22 Attachment 1:7 02 - 15 - 2008

the design plan and construction schedule to minimize soil erosion and sedimentation.

(a) Stripping of vegetation, grading, or other soil disturbance shall be done in a

manner which will minimize soil erosion. (b) Natural vegetation shall be retained and protected, whenever feasible. (c) The extent of the disturbed area and the duration of its exposure shall be kept to

a minimum within practical limits. (d) Temporary seeding, mulching or other suitable stabilization measures shall be

used to protect exposed critical areas during construction. (e) Drainage provisions shall accommodate the stormwater runoff both during and

after construction. (f) Soil erosion and sedimentation facilities shall be installed prior to any on-site

grading.


22 Attachment 2:1 02 - 15 - 2008

22 Attachment 2

Township of Beale

Table 1 Minimum Design Standards for Streets(a)

Very Low Density

Residential or Recreational Area

(d) Low Density

Residential Area (e) Medium Density

Residential Area (f)

Design Specifications Major Road Collector Local Collector Local Collector Local

Nonresidential or Collector Road

A. Right-of-way width (feet) 80 50 45 50 50 55 50 55

B. Cartway width (feet) 44 28 26 32 28 36 32 40

Minimum improved portion (h) 44 20 20 22 20 24 22 24

Shoulders (i) (each side) 0 4 3 5 4 6 5 8

C. Minimum centerline radii for horizontal curves (feet) (b)

700 400 200 400 200 400 200 200

D. Minimum sight stopping distance (feet) (c)

475 350 235 350 235 350 235 350

E. Minimum corner intersection sight Distance (c)

950 500 350 500 350 500 300 500

F. Maximum grade (%) (j) 5 9 11 7 10 7 10 7

G. Minimum grade (%) 0.5 0.5 0.5 0.5 0.5 0.75 0.75 0.75

H. Sidewalk width (feet) (g) (g) (g) (g) (g) 4 4 5 (See footnotes on the following page.)

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22 Attachment 2:2 02 - 15 - 2008

NOTES: (a) The above standards are the minimum requirements for all subdividers. Designers should refer to PennDOT publication entitled “Guidelines for

Design of Local Roads and Streets Publication 70” for more detailed design criteria. “Low” and “Very Low Density Residential” in this table generally corresponds with the “Rural” design criteria of that publication, while “Medium Density Residential” corresponds with the “Urban” design criteria.

All streets must be proposed as a “public street” suitable for dedication to the Township. (b) Whenever street lines are deflected in excess of five degrees, connection shall be curves. A one-hundred-foot minimum tangent shall be required

between curves, except on local streets. (c) Minimum sight distance is measured with the height of the eye at 3.75 feet to the height of the object on the road at 0.5 feet. Vertical curves shall be

used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change and to provide the minimum sight distances listed above.

(d) Very low density includes residential developments having a net project density of less than one unit per acre or recreation subdivisions as defined herein, which are considered by the Supervisors to have an equivalent density.

(e) Low density includes developments having a net project density between one and three units per acre. (f) Medium density includes developments having a net project density of more than three units per acre. (g) Sidewalks will not normally be required except where needed to facilitate pedestrian traffic to school, shopping, park or other uses which generate

pedestrian traffic. (h) Improvement of rights-of-way and cartways (including pavement and shoulder areas) shall be carried out in accordance with the Beale Township

Road Ordinance, as it may be amended, and with Appendix A herein. (i) The Supervisors may require shoulder areas to be fully improved as determined by individual street requirements or function. (j) Maximum grades in excess of those shown in the above Table 1 may be permitted by the Supervisors in steep slope areas where complete

compliance with the requirements of Table 1 is not topographically or economically feasible, provided that safe and efficient access shall be preserved.

SUBDIVISION AND SIDEWALKS

22 Attachment 3:1 02 - 15 - 2008

22 Attachment 3

Township of Beale

Table 2 Minimum Lot Standards for Residential Subdivisions (a)

Availability of Public or Central Water and

Sewerage System

Type of Residential Unit and Minimum Standards (b)

Served With Both

Public or Central

Sewer Only

Public or Central

Water Only Served

With None Mobile home(e) (in a mobile home park) Lot area (acres) 0.25 Lot width and depth (feet) (d) 50 x 100

Not permitted

Not permitted

Not permitted

Front yard setback (feet) 15 — — — Each side yard (feet) 10 — — — Rear yard 15 — — — Single-family(b) Lot area (acres) 0.25 0.50 0.75 1.00 Lot width and depth (feet)(d) 80 x 110 100 x 150 120 x 150 125 x 200 Front yard setback (feet) 25 35 35 40 Each side yard (feet) 10 15 20 20 Rear yard 15 20 30 30 Two-family (per unit requirement) Lot area (acres) 0.25 0.50 0.75 1.00 Lot width and depth (feet)(d) 80 x 110 100 x 150 120 x 150 125 x 200 Front yard setback (feet) 25 35 35 40 Each side yard (feet) 20 15 20 20 Rear yard 15 20 30 30 Multifamily(c) (per unit requirement) Average lot area per unit (net density units/net acre)

6 units per acre

Not permitted

Not permitted

Not permitted

Front yard setback (feet) 25 — — — Each side yard (feet) 20 — — — Rear yard 25 — — — Maximum building coverage (all buildings)

35% of lot area

— — —

(See footnotes on the following page.)

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22 Attachment 3:2 02 - 15 - 2008

NOTES: (a) This Table applies only in those areas not covered by officially adopted zoning ordinances.

Not lot for building purposes may be created which has a final grade slope greater than 12% over more than 25% of its area.

(b) Includes individual mobile homes located outside of a mobile home park. (c) Includes structures with three or more dwelling units. (d) Includes lot width and depth requirements, which are minimum dimensions to allow

flexibility of design, but overall lot area is still subject to the indicated minimum lot area requirements.

(e) Mobile home parks to be served with both public or central water and sewer systems. Minimum lot areas shown above may be increased by the Commission to meet the requirements of the Official Sewage Facilities Plan for the municipality including any supplements or plan revisions required by Pennsylvania DEP, and requirements for the issuance of sewer permits.


22 Attachment 4:1 02 - 15 - 2008

22 Attachment 4

Township of Beale

Table 3 Required Improvements to be Provided

KEY: X indicates that the improvement is required.

Type of Improvement Required

Medium Density Residential (a) and

Nonresidential Areas Low Density

Residential (b) Very Low Density

Residential (c)

Improved streets X X X

Adequate drainage and/or storm sewers (g)

X X X

Sidewalks X (e) (e)

Monuments and markers X X X

Street name signs X X X

Streetlighting (f) X X X

Fire hydrants (h) (h) (h)

Electric and telephone X X X

Central water and sewer (d) (d) (d) NOTES: (a) Medium density includes developments having a net project density of more than three units per

acre. (b) Low density includes developments having a net project density of between one and three units per

acre. (c) Very low density includes developments having a net project density of less than one unit per acre or

recreational developments considered to have an equivalent very low density by the Supervisors. (d) Central water and sewer facilities and capped sewers shall be required in accordance with County

and Township sewer and water plans and also with Pennsylvania DEP requirements. Alternate or experimental water or sewage systems may be permitted if approved by Pennsylvania

DEP. (e) Sidewalks will not normally be required except where needed to facilitate traffic to school, shopping,

park or other uses which generate pedestrian traffic as determined by the Supervisors. (f) Streetlighting may be required to the extent necessary to promote safety for residents and visitors,

whenever a subdivision creates 10 or more lots or their equivalent. (g) Sod, stone or concrete swales and/or concrete or asphalt rolled curbs and gutters or valley gutters

shall be provided in accordance with sound design and maintenance standards where required to adequately control storm water.

(h) Fire hydrants are required wherever a central water system is installed.


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22 Attachment 5

BEALE CODE

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BEALE CODE

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BEALE CODE

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BEALE CODE

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Chapter 23

(RESERVED)

Chapter 24

TAXATION


ARTICLE I Realty Transfer Tax

[Adopted by Ord. No. 2006-2]

§ 24-1. Imposition of tax.

Beale Township adopts the provisions of Article XI-D of the Tax Reform Code of 1971 and imposes a realty tax as authorized under that Article subject to the rate limitations therein. The tax imposed under this section shall be at the rate of 1%.

§ 24-2. Administration.

The tax imposed under § 24-1 and all applicable interest and penalties shall be administered, collected and enforced under the Act of December 31, 1965 (P.L. 1257, No. 511), as amended, known as the "Local Tax Enabling Act," provided that if the correct amount of the tax is not paid by the last date prescribed for timely payment, Beale Township, pursuant to § 1102-D of the Tax Reform Code of 1971 (72 P.S. § 8102-D), authorizes and directs the Department of Revenue of the Commonwealth of Pennsylvania to determine, collect and enforce the tax interest and penalties.

§ 24-3. Interest.

Any tax imposed under § 24-1 that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Act of May 16, 1923 (P.L. 207, No. 153) (53 P.S. § 7101 et seq.), as amended, known as the "Municipal Claims and Tax Liens Act." The interest rate shall be the lesser of the interest rate imposed upon delinquent Commonwealth taxes as provided in § 806 of the Act of April 9, 1929 (P.L. 343, No. 176), (72 P.S. § 806), as amended, known as the "Fiscal Code," or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.

ARTICLE II Per Capita Tax

[Adopted 5-7-1981 by Ord. No. 1981-1]

§ 24-4. Title.

This tax shall be known and may be sited as "The Beale Township Per Capita Tax."


The following words, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

INHABITANT — A person over 18 years who resides actually and permanently in Beale Township and is domiciled there.

RESIDENT — A person over 18 years who resides actually and permanently in Beale Township and is domiciled there.

TAX — The $5 per capita tax imposed, assessed and levied by this article.

TAX COLLECTOR — The duly elected Tax Collector of Beale Township, Juniata County, Pennsylvania.

§ 24-6. Imposition of tax.

On and after the effective date of this article a tax for general revenue purposes at the rate of $5 is hereby imposed, assessed and levied on each Beale Township resident or inhabitant over 18 years of age.

§ 24-7. Discount.

The tax levied by this article shall become due and payable annually as follows:

A. The tax less a 2% discount if the tax is paid within two months of the date that the personal tax notices are mailed via U.S. Government mail by the Tax Collector to residents/inhabitants.

B. The tax face amount if the tax is paid within four months of the date that the personal tax notices are mailed via U.S. Government mail by the Tax Collector to residents/inhabitants.

§ 24-8. Collection of tax.

The tax hereby imposed, assessed and levied shall be paid to the Tax Collector or such persons as are duly appointed and authorized to act as a deputy for the collection of the tax.

§ 24-9. Tax Collector duties.

A. The Tax Collector is hereby charged with collection of this tax and the enforcement of the provisions of this article and is hereby authorized and empowered, with the approval of the Board of Supervisors of Beale Township, to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter or thing pertaining to the administration and enforcement of the provisions of this article, except such matters as may be non-delegable responsibilities of the Township Board of Supervisors.

B. The Tax Collector is hereby authorized a 5% commission on all monies actually

collected pursuant to this article, payable by the Township Board of Supervisors after the Board has received the gross tax receipts collected.

C. The Tax Collector shall pay quarterly to the Township of Beale all taxes collected the previous quarter. In conjunction with the forwarding of the collected taxes, the Tax Collector shall submit a written report on the Collector's collection efforts, the details of which being prescribed by the Township Board of Supervisors from time to time.

§ 24-10. Interest.

If for any reason, the tax is not paid when due, as set forth herein, interest at the rate of 6% per annum on the amount of said tax shall be added and collected.

§ 24-11. Penalties.

A penalty of 5% of the amount of the unpaid tax, during the time the tax remains unpaid, shall be added and collected on or after four months from the date that the personal tax notices are mailed via U.S. government mail by the Tax Collector to residents/inhabitants.

§ 24-12. Attachment of wages or suit for collection.

The Tax Collector and/or Solicitor for the Township of Beale is/are hereby authorized and empowered to attach wages and/or file suit before the proper judicial body in accordance with the applicable laws of the Commonwealth of Pennsylvania for the collection of the tax.

§ 24-13. Cost of collection.

Where wage attachment and/or suit is brought for the recovery of the tax, the person liable therefor shall, in addition, be liable for the costs of collection and the interests and penalties herein imposed.

§ 24-14. Rules and regulations.

The Board of Supervisors of Beale Township, in order to provide uniformity in administration and enforcement of this article shall, when necessary, adopt by proper amendment to this article, such rules and regulations exempting therefrom certain residents/inhabitants in conformity with the laws promulgated by the Commonwealth of Pennsylvania. Such rules and regulations and any amendments and supplements thereto, when adopted, shall be deemed a part of this article, as if set forth fully and at length herein.

ARTICLE III Local Taxpayers Bill of Rights

[Adopted 12-10-2007 by Ord. No. 2007-1]


This article shall be known and may be cited as the "Local Taxpayers Bill of Rights."


The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

ASSESSMENT — The determination by the Township of the amount of underpayment by a taxpayer.

BOARD — A board of local tax appeals established under 53 Pa.C.S.A. § 8430 (relating to administrative appeals).

ELIGIBLE TAX — Any of the following, including interest and penalty provided by law, when levied by a political subdivision:

A. Any tax authorized or permitted under the Act of December 31, 1965 (P.L. 1257, No. 511), known as the "Local Tax Enabling Act."

B. Any per capita tax levied under any act.

C. Any occupation, occupation assessment or occupation privilege tax levied under any act.

D. Any tax on income levied under any act.

E. Any tax measured by gross receipts levied under any act.

F. Any tax on a privilege levied under any act.

G. Any tax on amusements or admissions levied under any act.

H. Any tax on earned income and net profits.

GOVERNING BODY — The Board of Supervisors of the Township of Beale, Juniata County, Pennsylvania.

OVERPAYMENT — Any payment of tax which is determined in the manner provided by law not to be legally due.

TAXPAYER — An individual, partnership, association, corporation, limited liability company, estate, trust, trustee, fiduciary or any other entity subject to or claiming exemption from any eligible tax or under a duty to perform an act for itself or for another or pursuant to the authority of an act providing for an eligible tax.

UNDERPAYMENT — The amount or portion of any tax determined to be legally due in the manner provided by law for which payment or remittance has not been made.

VOLUNTARY PAYMENT — A payment of an eligible tax made pursuant to the free will of the taxpayer. The term does not include a payment made as a result of distraint or levy or pursuant to a legal proceeding in which the Township is seeking to collect its delinquent taxes or file a claim therefor.

§ 24-17. Disclosure statement.

A. Contents. The Township shall prepare a statement which sets forth the following in simple and nontechnical terms:

(1) The rights of a taxpayer and the obligation of the Township during an audit or an administrative review of the taxpayer's books or records.

(2) The administration and judicial procedures by which a taxpayer may appeal or seek review of any adverse decision of the Township.

(3) The procedure for filing and processing refund claim and taxpayer complaints.

(4) The enforcement procedures.

B. Distribution. The Township shall notify any taxpayer contacted regarding the assessment, audit, determination, review or collection of an eligible tax of the availability of the statement under Subsection A. The Township shall make copies of the statement available to taxpayers upon request at no charge to the taxpayer, including mailing costs. The notification shall be stated as follows:

"You are entitled to receive a written explanation of your rights with regard to the audit, appeal, enforcement, refund and collection of local taxes by calling the Township of Beale at 717-436-8397 during normal business hours."

§ 24-18. Requirements for requests.

A. Minimum time period for taxpayer response.

(1) The taxpayer shall have at least 30 calendar days from the mailing date to respond to request for information by the Township. The Township shall grant additional reasonable extensions upon application for good cause.

(2) The Township shall notify the taxpayer of the procedures to obtain an extension in its initial request.

(3) The Township shall take no lawful action against a taxpayer for the tax year in question until the expiration of the applicable response period, including extensions.

B. Requests for prior year returns.

(1) Except as provided in Subsection B(2), an initial inquiry by the Township regarding a taxpayer's compliance with any eligible tax may include taxes required to be paid or tax returns required to be filed no more than three years prior to the mailing date of the notice.

(2) The Township may make a subsequent request for a tax return or supporting information if, after the initial request, the Township determines that the taxpayer failed to file a tax return, under-reported income or failed to pay a tax for one or more of the tax periods covered by the initial request.

(3) This subsection shall apply if the Township has sufficient information to indicate that the taxpayer failed to file a required return or pay an eligible tax which was due more than three years prior to the date of the notice.

C. Use of federal tax information. The Township may require a taxpayer to provide copies of the taxpayer's Federal individual income tax return if the Township can demonstrate that the Federal tax information is reasonably necessary for the enforcement or collection of an eligible tax and the information is not available from other available sources or the Department of Revenue.

§ 24-19. Refunds of overpayments.

A. General rule. A taxpayer who has paid an eligible tax to the Township may file a written request with the Township for refund or credit of the eligible tax. A request for refund shall be made within three years of the due date for filing the report as extended or one year after actual payment of the eligible tax, whichever is later. If no report is required, the request shall be made within three years after the due date for payment of the eligible tax or within one year after actual payment of the eligible tax, whichever is later.

(1) For purposes of this section, a tax return filed by the taxpayer with the Township showing an overpayment of tax shall be deemed to be a written request for a cash refund unless otherwise indicated on the tax return.

(2) A request for refund under this section shall not be considered a petition under § 53 Pa.C.S.A. § 8340 (relating to petitions).

B. Notice of underpayment. For amounts paid as a result of a notice asserting or informing a taxpayer of an underpayment, a written request for refund shall be filed with the Township within one year of the date of the payment.

§ 24-20. Interest on overpayment.

A. General rule. All overpayments of tax due the Township, including taxes on real property, shall bear simple interest from the date of overpayment until the date of resolution.

B. Interest rate. Interest on overpayments shall be allowed and paid at the same rate as the Commonwealth is required to pay pursuant to § 806.1 of the Act of April 9, 1929 (P.L. 343, No. 176), known as the "Fiscal Code."

C. Exceptions.

(1) No interest shall be allowed if an overpayment is refunded or applied against any other tax, interest or penalty due the Township within 75 days after the last date prescribed for filing the report of the tax liability or within 75 days after the date the return or report of the liability due is filed, whichever is later.

(2) Overpayments of interest or penalty shall not bear any interest.

D. Acceptance of refund check. The taxpayer's acceptance of the Township check shall not prejudice any right of the taxpayer to claim any additional overpayment and interest thereon. Tender of a refund check by the Township shall be deemed to be acceptance of the check by the taxpayer for purposes of this section.

E. Definitions. As used in this section, the following words and phrases shall have the meanings given to them in this section:

DATE OF OVERPAYMENT — The later of the date paid or the date tax is deemed to have been overpaid as follows:

(1) Any tax actually deducted and withheld at the source shall be deemed to have been overpaid on the last day of filing the report for the tax period, determined without regard to any extension of time for filing.

(2) Any amount overpaid as estimated tax for the tax period shall be deemed to have been overpaid on the last day for filing the final report for the tax period, determined without regard to any extension of time for filing.

(3) An overpayment made before the last day prescribed for payment shall be deemed to have been paid on the last day.

(4) Any amount claimed to be overpaid with respect to which a lawful administrative review or appellate procedure is initiated shall be deemed to have been overpaid 60 days following the date of initiation of the review or procedure.

(5) Any amount shown not to be due on an amended income or earned income and net profits tax return shall be deemed to have been overpaid 60 days following the date of filing of the amended income tax return.

DATE OF RESOLUTION — The date the overpayment is refunded or credited as follows:

(1) For a cash refund, a date preceding the date of the Township's refund check by not more than 30 days.

(2) For a credit for an overpayment:

(a) The date of the Township's notice to the taxpayer of the determination of the credit; or

(b) The due date for payment of the tax against which the credit is applied, whichever first occurs. For a cash refund of a previously determined credit, interest shall be paid on the amount of the credit from a date 90 days after the filing of a request to convert the credit to a cash refund to a date preceding the date of the refund check by not more than 30 days, whether or not the refund check is accepted by the taxpayer after tender.

§ 24-21. Notice of basis of underpayment.

The Township shall notify the taxpayer, in writing, of the basis for any underpayment

that the Township has determined to exist. The notification shall include:

A. The tax period or periods for which the underpayment is asserted.

B. The amount of the underpayment detailed by tax period.

C. The legal basis upon which the Township has relied to determine that an underpayment exists.

D. An itemization of the revisions made by the Township to a return or report filed by the taxpayer that results in the determination that an underpayment exists.

§ 24-22. Abatement of certain interest and penalty.

A. Errors and delays. In the case of any underpayment, the Township may abate all or any part of interest for any period for the following:

(1) Any underpayment or tax finally determined to be due attributable in whole or in part to any error or delay by the Township in the performance of a ministerial act. For purposes of this subsection, an error or delay shall be taken into account only if no significant aspect of the error or delay can be attributed to the taxpayer and after the Township has contacted the taxpayer, in writing, with respect to the underpayment of tax finally determined to be due or payable.

(2) Any payment of a tax to the extent that any error in delay in the payment is attributable to an officer, employee or agent of the Township being erroneous or dilatory in performance of a ministerial act. The Township shall determine what constitutes timely performance of ministerial acts performed under this subsection.

B. Abatement due to erroneous written advice by the Township.

(1) The Township shall abate any portion of any penalty or excess interest attributable to erroneous advice furnished to the taxpayer in writing by an officer, employee or agent of the Township acting in the officer's, employee's or agent's official capacity if:

(a) The written advice was reasonably relied upon by the taxpayer and was in response to specific written request of the taxpayer; and

(b) The portion of the penalty or addition to tax or excess interest did not result from a failure by the taxpayer to provide adequate or accurate information.

(2) This subsection shall not be construed to require the Township to provided written advice to taxpayers.

§ 24-23. Application of payments.

Unless otherwise specified by the taxpayer, all voluntary payments of an eligible tax shall be prioritized by the Township as follows:

A. Tax.

B. Interest.

C. Penalty.

D. Any other fees or charges.

§ 24-24. Administrative appeals.

A political subdivision levying an eligible tax shall establish an administrative process to receive and make determinations on petitions from taxpayers relating to the assessment, determination or refund of an eligible tax. The administrative process shall consist of any one of the following:

A. Review and decision or hearing and decision by the Township Tax Appeals Board appointed by the Board of Supervisors. The Board shall consist of at least three but not more than seven members. Qualifications for service of the Board and compensation, if any, of the members shall be determined by the Board of Supervisors. The Board of Supervisors may enter into agreements with other political subdivisions to establish a joint local tax appeal board.

B. Review and decision by the Board of Supervisors in executive session.

C. A hearing and decision by a hearing officer appointed by the Board of Supervisors. The Board of Supervisors shall determine the qualifications and compensation, if any, of the hearing officer.

D. An administrative review or appeal process existing on the effective date of this article that is substantially similar to the procedures in Subsections A, B or C.

§ 24-25. Petitions.

A. Filing. A petition is timely filed if the letter transmitting the petition is postmarked by the United States Postal Service on or before the final day on which the petition is required to be filed. Deadlines for filing petitions are as follows:

(1) Refund petitions shall be filed within three years after the due date for filing the report as extended or one year after actual payment of an eligible tax, whichever is later. If no report is required, the petition shall be filed within three years after the due date for payment of an eligible tax or within one year after actual payment, whichever is later.

(2) Petitions for reassessment of an eligible tax shall be filed within 90 days of the date of the assessment notice.

B. Contents. The Board of Supervisors shall adopt regulations specifying the form and content of petitions, including the process and deadlines.

§ 24-26. Practice and procedure.

Practice and procedure under this section shall not be governed by 2 Pa.C.S.A. Chs. 5

Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action). The Board of Supervisors shall adopt regulations governing practice and procedure under this section.

§ 24-27. Decisions.

Decisions on petitions submitted under this section shall be issued within 60 days of the date a complete and accurate petition is received. Failure to act within 60 days shall result in the petition being deemed approved.

§ 24-28. Appeals.

Any person aggrieved by a decision under this article who has a direct interest in the decision shall have the right to appeal to the court vested with the jurisdiction of local tax appeals by or pursuant to 42 Pa.C.S.A. (relating to judiciary and judicial procedure).

§ 24-29. Equitable and legal principles to apply.

Decisions under this article may be made according to principles of law and equity.

§ 24-30. Installment agreements.

A. Authorization. The Township may enter into written agreements with any taxpayer under which the taxpayer is allowed to satisfy liability for any eligible tax in installment payments if the Township determines that the agreement will facilitate collection.

B. Extent to which agreements remain in effect.

(1) Except as otherwise provided in this section, any agreement entered into by the Township under Subsection A shall remain in effect for the term of the agreement.

(2) The Township may terminate any prior agreement entered into under Subsection A if:

(a) Information which the taxpayer provided to the Township prior to the date of the agreement was inaccurate or incomplete; or

(b) The Township believes that collection of any eligible tax under the agreement is in jeopardy.

(3) If the Township finds that the financial condition of the taxpayer has significantly changed, the Township may alter, modify or terminate the agreement, but only if:

(a) Notice of the Township's finding is provided to the taxpayer not late than 30 days prior to the date of such action; and

(b) The notice contains the reasons why the Township believes a significant change has occurred.

(4) The Township may alter, modify or terminate an agreement entered into by the Township under Subsection A if the taxpayer fails to do any of the following:

(a) Pay any installment at the time the installment is due under such agreement.

(b) Pay any other tax liability at the time liability is due.

(c) Provide a financial condition update as requested by the Township.

C. Prepayment permitted. Nothing in this section shall prevent a taxpayer from prepaying in whole or in part any eligible tax under any agreement with the Township.

§ 24-31. Confidentiality of tax information; penalty.

A. Any information gained by the Township as a result of any audit, return, report, investigation, hearing or verification shall be confidential tax information. It shall be unlawful, except for official purposes or as provided by law, for the Township to:

(1) Divulge or make known in any manner any confidential information gained in any return, investigation, hearing or verification to any person.

(2) Permit confidential tax information or any book containing any abstract or particulars thereof to be seen or examined by any person.

(3) Print public or make known in any manner any confidential tax information.

B. An offense under this section is a misdemeanor of the third degree and, upon conviction thereof, a fine of not more than $25,000 and cost, or a term of imprisonment for not more than one year, or both, may be imposed. If the offender is an officer or employee of the Township, the officer or employee shall be dismissed from office or discharged from employment.

§ 24-32. Taxes on real property.

Except as provided in § 24-20, Interest on overpayment, this article shall not apply to any tax on real property.

ARTICLE IV Tax Certification

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 24-33. Tax certification fee.

The duly elected Tax Collector of Beale Township, Juniata County, Pennsylvania, is hereby authorized to charge a fee of $10 to provide certifications of taxes paid and/or due and payable to those taxpayers, financial institutions, mortgage companies and brokers, attorneys, title companies, settlement agents, real estate brokers and agents and all others who request such information. Such certification fee may be charged by the Tax

Collector for providing said information, as well as related information such as assessed value, millage rates and property locations and descriptions as requested for a given parcel(s) in the Township.

Chapter 25

(RESERVED)

Chapter 26

(RESERVED)

Chapter 27

(RESERVED)

Chapter 28

GENERAL PROVISIONS


ARTICLE I Adoption of Code

[Adopted 12-10-2007 by Ord. No. 2007-1]

§ 28-1. Approval, adoption and enactment of Code.

Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of Beale, County of Juniata, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 27, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Beale, which shall be known and is hereby designated as the "Code of the Township of Beale," hereinafter referred to as the "Code."

§ 28-2. Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Beale, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 28-3 below, and only new or changed provisions, as described in § 28-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 28-15 below.

§ 28-3. Repeal of legislation not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Beale and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 28-15 below, except as hereinafter provided.

§ 28-4. Legislation saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 28-3 of this

ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 28-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:

A. Any ordinance adopted subsequent to 12-31-2005.

B. Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing.

C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Township or any penalty, punishment or forfeiture which may result therefrom.

D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the Township.

E. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.

F. Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Township or other instruments or evidence of the Township's indebtedness.

G. Any ordinance adopting an annual budget or establishing an annual tax rate.

H. Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

I. Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

J. Any ordinance annexing land to the Township.

K. Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

L. Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways.

M. Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or

abandonment of any part of a system of sewers or water supply lines.

N. Any ordinance providing for the making of public improvements.

O. Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.

P. Any ordinance concerning changes and amendments to the Zoning Map.

Q. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

R. Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.

§ 28-5. Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 28-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 28-6. Changes and revisions in previously adopted legislation; new provisions.

A. Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.

B. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 28-15.1

§ 28-7. Interpretation of provisions.

In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, 1. Editor's Note: In accordance with § 28-6B, the chapters, articles and sections which were amended or adopted by this ordinance (Ord. No. 2007-1) are indicated throughout the Code by the following history: "Amended (adopted) 12-10-2007 by Ord. No. 2007-1." Schedule A, which contains a complete description of all changes, is on file in the office of the Township Secretary.

convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.

§ 28-8. Titles and headings; editor's notes.

A. Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

B. Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 28-9. Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township Secretary, available to persons desiring to examine the same during all times while said Code is in effect.

§ 28-10. Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Board of Supervisors to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto.

§ 28-11. Code books to be kept up-to-date.

It shall be the duty of the Township Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 28-12. Publication of notices.

The Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notice of introduction, the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the County, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 28-13. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof, in any manner whatsoever, which will cause the law of the Township to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 28-14. Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Supervisors that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.

§ 28-15. Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after December 19, 2007.

Chapter DL

DISPOSITION LIST

§ DL-1. Disposition of legislation.

Ordinance No. Disposition Subject

1980-1 Superseded by Ord. No. 2006-2

Taxation

6-2-1980 Appendix D Governmental and Intergovernmental Affairs

1981-1 Ch. 24, Art. II Taxation

10/4/1982 Superseded by Ord. No. 2005-1

Buildings

1984-1 Ch. 20, Art. I Solid Waste

1990-1 Ch. 4, Art. II Buildings

1991-1 Superseded by Ord. No. 2005-1

Buildings

1993-1 Ch. 21, Art. I Streets and Sidewalks

1993-2 Ch. 1, Art. I Administration and Government

1996-1 Ch. 20, Art. II Solid Waste

1997-1 Appendix H Streets and Sidewalks

1998-1 Ch. 22 Subdivision and Land Development

1998-2 Ch. 1, Art. II Administration and Government

2001-1 Ch. 1, Art. II Administration and Government

2001-2 Superseded by A.O. Fees

2002-1 Superseded by A.O. Motor Vehicles and Traffic

2002-2 Ch. 21, Art. II Streets and Sidewalks

2003-1 Ch. 1, Art. I Administration and Government

2003-2 Ch. 18, Art. I Sewers and Sewage Disposal

2004-1 Ch. 5, Art. I Code Enforcement

2005-1 Ch. 4, Art. I Buildings

2006-1 Superseded by A.O. Motor Vehicles and Traffic

2006-2 Ch. 24, Art. I Taxation

2007-1 Ch. 28, Art. I Adoption of Code

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Township of Beale

FEE SCHEDULE All fees below represent current fees, which may be changed from time to time by future resolution by the Board of Supervisors. SUBJECT FEES

ADMINISTRATION

Photocopies $0.50 per page

$0.75 per facsimile

PERMITS

Assessment Permit $50

Driveway Permit $25

Grading Permit $50

PLANNING COMMISSION REVIEW FEES

Schedule of Fees to be paid by the subdivider to defray the cost of administering and processing of proposed plans.

Preliminary plan $50, plus $5 per residential or commercial lot

Final plan $50, plus $5 per residential or commercial lot

The following additional charges shall be paid by the subdivider as such charges are by the Township:

Fee for engineer’s review of subdivision or land development plan

Fee for attorney’s review of subdivision or land development plan

Fee for inspection of the site for conformance to survey

Fee for preparation of cost estimates of required improvements

Fee for inspection(s) of the site during installation of required improvements

Fee for inspection(s) of installation of required improvements upon completion

Any additional administration cost(s) which may arise during the processing of the proposed subdivision plan

Any service charge(s) or additional administration cost(s) billed to a subdivider shall not exceed the actual expense billed by the service provider.

All fees submitted with a proposed plan shall be paid to the Township Secretary upon submission of said plan.

BEALE CODE

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SUBJECT FEES

All service charges shall be paid to the Township Secretary within 10 days of receipt of bill from the Township. If the subdivider fails to pay said service charges within this time period, the subdivider shall be responsible for paying any interest or late fee charges by the service provider.

TAX CERTIFICATION $10

UCC ADMINISTRATION FEE $50

COMMONWEALTH CODE INSPECTION SERVICE, INC.

Juniata County Residential Inspection Prices

Residential inspection prices are for dwellings 0 to 2,500 square feet. Dwellings over 2,500 square feet will be charged an additional $10 per 100 square feet which will be added to the total basic in-spection fee.

Footings $45

Foundations $45

Framing $50

Plumbing and mechanical $50

Electrical $60

Energy $50

Wallboard $50

Final $45

Total $395

All prices include rough and final inspections. Final must be ready within six months or additional fee will apply.

Additional inspection fees may be assessed at not less than $45 per visit as required due to the com-plexity or execution of the work being done.

Electrical service inspections will be based on equipment and size with the basic residential 200 amp service only inspections remaining at $50.

Small-scale projects will be priced depending on the complexity of the project, the length of the pro-ject, and the number of inspections required. Some examples are:

Mobile homes (two trips only) $70

FEE SCHEDULE

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SUBJECT FEES

Decks (two trips)

High (over five feet) $60

Low $50

Sheds

Stick built (one trip) $50

Pre-fab $40

Fences $25

Commercial Inspection Fees

The fee schedule for inspections is based upon the latest building valuation data report of square foot construction costs in the Code Official 2003 IBC Magazine, with a regional modifier applied. Actual cost submitted to, and accepted by, the Municipality may also be used.

Large projects that require long-term multiple inspections (progressive inspections) are calculated as follows:

Projects with a total construction cost of $50,000 to $2,000,000*

Total construction cost X 0.2% = insurance cost

+Estimated length of project in weeks X $50 = labor and travel cost

=Total

Example for a $1,200,000 project; one year start to finish:

$1,200,000 X 0.2% = $2,400

52 weeks X $50 = $2,600

Total = $5,000

Projects with a total construction cost of >$2,000,000 to $6,000,000*

$4,000 + [(Total construction cost - $2,000,000) X 0.09%] = insurance cost


=Total

BEALE CODE

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SUBJECT FEES




=Total




=Total




=Total




=Total




=Total




=Total

FEE SCHEDULE

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SUBJECT FEES




=Total

The inspection fees for mechanical, plumbing, electrical and fire protection are computed at 25% of the building inspection fee for each discipline.

*Pricing schedules assume that the project will not cause an increase in Commonwealth Code In-spection Service, Inc., insurance costs.

PLAN REVIEW

Commonwealth Code Inspection Service, Inc., Commercial Plan Review Fees are calculated as fol-lows:

Estimated Construction Value $0.00 to $1,250,000 = Construction Value X 0.002 ($150 Minimum)

Estimated Construction Value $1,250,000 to $5,000,000 = $1,875 + (0.0005 X construction value over $1,250,000)

Estimated Construction Value over $5,000,000 = $3,750 + (0.0004 X construction value over $5,000,000)

Plan review for mechanical, plumbing, electrical is computed at 25% of the building plan re-view fee for each discipline. ($150 Minimum)

Special pricing may be given to buildings such as warehouses due to their relative simplicity or structures with repetitive features such as high-rise buildings.

A:1 02 - 15 - 2008

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Appendix A Annexation of Territory

(Reserved to accommodate future enactments.)

B:1 02 - 15 - 2008

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Appendix B Bond Issues and Loans


C:1 02 - 15 - 2008

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Appendix C Franchises and Services


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Appendix D Governmental and Intergovernmental Affairs

Ord./Res. Date Description

6/2/1986 Providing for the entering into of intergovernmental cooperation with other municipalities of Juniata County to establish and maintain the Juniata Sewage Committee to perform and enforce the requirements of the Pennsylvania Sewage Facilities Act.

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Appendix E Plan Approval


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Appendix F Public Property


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Appendix G Sewers


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Appendix H Streets and Sidewalks

This appendix contains an alphabetical listing of streets and, under each street, a listing of all ordained activities. Name Activity Location Ord./Res. Date

Tax Map 12A Vacating Connecting Vine St. to S.R. 4004 1997-1 5-5-1997

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Appendix I Water


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Appendix J Zoning; Prior Ordinances


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Township of Beale

Appendix The following ordinances and resolutions are no longer of general interest, primarily because they are of an historical or one-time nature only, the provisions of which were primarily completed directly after enactment. Because the enactments are mainly of an historical or administrative interest, it has not been considered necessary to include the entire text. Rather, the enactments are arranged in groups, according to subject matter, and, within each group, listed by title in chronological order. Annual budget and tax enactments have been listed only in the “Disposition List of Ordinances.” Anyone desiring to read the full text of any of these enactments may do so by consulting the original records of the municipality. The enactments included in this Appendix are grouped under the following headings:

A Annexation of Territory

B Bond Issues and Loans

C Franchises and Services

D Governmental and Intergovernmental Affairs

E Plan Approval

F Public Property

G Sewers

H Streets and Sidewalks

I Water

J Zoning; Prior Ordinances