Rules & Regs Part 2

BUILDING PROCEDURES & REGULATIONS:

In order to assure the continued maintenance of the desired character of the Emerald Lakes Community, all construction plans must be submitted for review and be approved by the Emerald Lakes Association, Inc. Decisions will be based upon such factors as compatibility, the general design, exterior materials, colors, textures, finish and environmental impact. Although these architectural controls will be administered in a flexible manner to accommodate individual tastes and desires, the Association retains the right to disapprove any design which is considered inappropriate for the Community.

The Association’s Code Enforcement Officer (CEO) will issue a Certificate of Compliance, when the stipulations set forth in the approved permit application and building procedures have been satisfied.

Major alterations, repairs, replacements and/or renovations are regarded in the same manner as new construction and, therefore, are subject to the same Procedures and Regulations. Minor changes in existing structures must conform to the established standards of the Association. All Association Member/homeowners are required to inform the Association whenever a change in their property is planned.

Compliance Permits for construction will only be issued to property owners in good standing.  No work shall be initiated prior to the receipt and posting of the permit; this includes tree removal.

All Property owners are responsible for ensuring compliance with all Township Ordinances, and obtaining any necessary Township, or other governmental permits, prior to submitting an application for an ELA Compliance Permit.

Monroe County readdressing project – It is your responsibility to can contact the Tobyhanna or Tunkhannock Municipal Building for further information:

Tobyhanna Municipal Bldg. (570) 646-1212

Tunkhannock Municipal Bldg.  (570) 646-3008

A. BUILDING PROCEDURES COMPLIANCE

Contractors and owners performing construction on their own behalf shall comply with the following requirements:

1. Contractors must restrict construction activities to Monday through Saturday, 7:00 AM through 6:00 PM. No work is permitted on Sundays or Holidays.

2. No work, including removal of any trees, shall begin prior to receiving all permits and tree removal approvals.  Portable toilets must be on the site prior to the beginning of any construction activities, other than tree removal.

3. Contractors, and owners performing their own construction, are fully liable for the actions, and inactions of their subcontractors and suppliers.  They are liable for any violations of any ELA Rules and Regulations, or of these Building Procedures by any subcontractor or supplier. Warnings and fines will be charged to the Contractor, or owner performing his own construction.

4. Trees measuring 3″ or more in diameter (outside bark to outside bark) measured at a height of 36″ above the ground which are located ten feet (10’0″) or more beyond the perimeter of the house, garage, outbuilding or septic field shall be not be removed.

  4.1  Trees located within the limits of construction as described in 1.4 shall not be removed prior to receiving written approval from the CEO.

  4.2  Trees to be removed must be individually marked with flagging or flourescent paint.  The property corner pins must be suitably staked, flagged and identified.  The corners of the house, driveway septic mound, and other structures must be identified with wood stakes suitable labeled.

  4.3  Damaged trees, diseased or dead trees shall not be removed prior to receiving written approval of the CEO.

  4.4 Removal of each tree exceeding the size limits specified in 1.4 without written ELA approval, will be considered one violation for each tree removed.  This applies to contractors and owners, who will be jointly and severally liable for violations during the construction period of a building or structure, as well as to property owners living in or using the property.

  4.5 Each live tree approved for removal by a property owner must be replaced by a mature 4′ (minimum) tree, within one year of the approval date.  Failure to do so will be considered one violation per tree not planted.

5. Burning of waste or debris is not permitted.

6. Burying of waste or debris not permitted.

7. A culvert, minimum of twelve inches (12″) in diameter or larger, as determined by site conditions, shall be installed under the full width of the driveway.

8. Drainage swales shall be constructed the full length of the road frontage to insure proper drainage.  Swales must also be provided along property lines and elsewhere to ensure neighboring properties are not adversely affected by surface water runoff.  The General Contractor is solely responsible to submit requests for exceptions.  These requests must be in writing and submitted to the C.E.O. prior to staking.

9. The surface of any driveway(s) must not exceed the height of the roadway at the point of intersection.

10. Building materials are not to be stored on the roadway at any time.

  10.1 The construction site shall be kept clean and free of all excessive debris at all times.  This includes the right of way, and the roadway in front of and adjacent to the construction site.

  10.2 Any mud, dirt or other construction materials deposited, or caused to be deposited, on any street or right of way by the contractor or any of his subcontractors or suppliers shall be cleaned up by the end of the work day.

11. Construction vehicles or equipment shall not be parked or stored on any street or right of way at any time, except during the performance of construction activities.  This includes subcontractor and supplier vehicles, and workmen’s personal vehicles.

12. Contractors must provide suitable traffic cones and/or warning signs when the construction activity necessitates occupying a portion of, or an entire traffic lane.

13. All work must cease immediately upon receipt of a written stop order.  This may be delivered in person, by fax, or by E-mail.

B. AESTHETICS:

1.   All contractors’ signs must have the approval of the CEO and shall not exceed two feet x three feet (2’0” x 3’0”) maximum.

2. Contractors’ signs shall not be erected prior to obtaining and displaying a Township building permit. The ELA building permit shall also be displayed to the Township permits. All signs on all lots shall be kept in good repair and readable condition at all times.

3. Contractors’ signs must be removed within sixty (60) days of the issuance of a Certificate of Compliance.

4.  No fence shall be erected on any lot without an approved permit.

5. No trees shall be cut down or removed prior to ELA written approval.  They must be marked, prior to submitting a tree cutting request to the Emerald Lakes Association CEO.  This requirement applies both to contractors, prior to construction, and to residents after construction has been completed.

C. DESIGN CRITERIA:

1. No building shall be erected, altered, placed, or be permitted to remain on the premises other than one detached single-family dwelling, and two outbuildings per lot (e.g., one detached garage and one storage shed).

2.  The drawings submitted with the compliance permit application must mathematically demonstrate compliance with all setback requirements.

3. A detached garage cannot exceed fifty percent (50%) of the house footprint, with a maximum footprint of seven hundred fifty square feet (750 sq. ft.).

4.  A minimum of 1200 sq. ft. of living space is required for residential plans submitted for permits in all Emerald Lakes subdivisions.

5.  Every fence requires a Compliance Permit and must conform to the following design criteria:

5.1 A fence may no exceed six feet (6’0″) in height.

5.2 A fence to be located anywhere beyond the front wall of the house may not be more than 33-1/3% solid.

5.3  A fence shall not encroach on the front street easement line.  It shall not be closer than 1’0″ to the property lines.  The side and rear utility right of way remains reserved for future possible future use for the installation of utilities.  No other structure shall be constructed within the easement areas.

5.4  Barbed-wire, sharp-pointed or electrically charged fences shall not be permitted.

5.5  Perimeter fences or walls shall not be permitted.

5.6  Chain link decorative fences shall not be permitted, in the front of the house.

5.7 Fence enclosures (e.g., privacy, children, garden or pet surround):

5.7.1 Shall be located in the rear of the lot, from the rear house wall rearward.

5.7.2 The height shall not exceed six feet (6’0″).

5.7.3 Fencing material may be wood, vinyl, or colored chain link.

6. Any application requiring special consideration for not meeting ELA requirements may be considered for a variance by the CRC.

7. No vehicle or structure of a temporary character, including but not limited to any van, trailer, tent, shack, garage, barn or other type of out-building, shall be used on any lot at any time as a residence, either temporarily or permanently.

8. No additional structures, or structural changes to the exterior of any existing structure, including garages, decks, sheds or any other out-building, shall be permitted on any lot without submitting the proper applications to and obtaining a building permit from Emerald Lakes Association, Inc.

9.  Tennis courts are not permitted except those operated by the Association for use by the entire community.

10. Swimming pools must meet the following requirements:

10.1 A Township building permit and an Emerald Lakes Compliance Permit are required for both in-ground and above ground pools.

10.2 The pool and any external pool structure must adhere to ELA setback requirements.

D. VARIANCES

An application for a variance from any of the Building Procedures requirements may be filed in writing with the CRC and shall specifically include all of the following:

1. A statement of the requirements of the Procedures, for which a variance is sought.

2. A statement of the manner by which strict compliance with the requirements would result in practical difficulties, including the nature and extent of these difficulties.

3. A statement of feasible alternatives to the requirements which would adequately protect the health, safety and welfare of the occupants or intended occupants and the public in general.

4. Names and addresses of surrounding property owners.

E. VARIANCE PROCEDURES:

1. HEARINGS:

1.1  Notice shall be given to the owner applicant, the owner’s agent, if any, the code enforcement official, the adjacent property owners within 200 feet, by certified mail with return receipt requested. Notice shall also be posted on the official Association bulletin board at the Association Office. The CRC shall establish reasonable fees, based on costs, to be paid by the owner applicant.

1.2  The hearing shall be conducted and a decision rendered by the CRC.

1.3  The parties in the proceedings shall be the CRC, the owner applicant, other owners who have filed a timely request (in writing) to testify before the CRC, and other persons permitted to appear by the CRC.

1.4  The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and arguments. They shall also be allowed to cross examine adverse witnesses on all relevant issues.

1.5  Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded by the CRC at its sole discretion.

1.6  The CRC shall, at the expense of any party requesting it, keep a record and a transcript of the proceedings, and copies of graphic or written matter. A transcript and other materials received in evidence shall be made available to any concerned party at cost.

1.7  The CRC shall not communicate, directly or indirectly, with any party or the party’s representatives in connection with any issue involved in the variance application, except after giving notice and opportunity to all parties to participate. The CRC shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the materials so noticed. The CRC shall not inspect the site or its surroundings after the commencement of the hearing with any party or the party’s representatives unless all parties are given an opportunity to be present.

  1.8  The CRC shall within forty-five (45) business days following the hearing, render a written decision.

1.9  The application shall be deemed denied if no decision is forthcoming within the forty-five (45) day period.

2. APPEALS:

  2.1 A property owner (in good standing) not agreeing with a decision or order by the Code Enforcement Official shall have the right to file a written appeal to the CRC within thirty (30) business days of the issuance of any decision or order. The CRC shall decide each appeal within forty-five (45) days after the filing of the appeal and shall give notice to all interested parties of the date and location of the hearing. The CRC’s decision and the reasons or parameters used to base the decision shall be filed in writing in the office of the Code Enforcement Official. The Appellant may request a written transcript of the testimony presented. The cost of a transcript is the responsibility of the Appellant. The CRC shall determine whether a record or transcript of testimony is required. In all cases, the cost of the transcript shall be paid by the Appellant.

2.2  A property owner (in good standing) not agreeing with a variance decision shall have the right to appeal to the Board of Directors of the Association within thirty (30) business days from the date of any written decision or the effective date of any deemed decision. The Board shall have the authority to confirm, reverse or modify the decision of the CRC.

2.3  Information required on an appeal to the Board of Directors. All appeals to the Board shall be made in writing on forms prescribed by the Board. Every appeal shall be signed and dated by the Appellant/Owner and shall include all of the following:

2.3(a) The Name(s), address (lot number/s) of the Appellant Owner/s.

2.3(b) The Name(s), address (lot number/s) of any other property owner/s affected by the decision or order.

2.3(c) A brief statement of the reasons for the appeal, including the section of this code under which this appeal is being made, and why the appeal should be granted.

3. PUBLIC HEARINGS TO BE CONDUCTED BY THE BOARD:

Upon the filing of an appeal to the Board, the Board shall set a time and place for a public hearing. A hearing date will be called for within forty-five (45) business days from the date of the appeal. Written notice shall be given to the Appellant/Owner, and to other interested parties, who have registered their names and addresses, for this purpose with the Board.

4. STAY OF PROCEEDINGS:

An appeal shall stay all activities related to the decision appealed.

F. COMPLIANCE PERMITS

1. The following documents must be submitted to the Code Enforcement Officer for review and approval in order to receive an Emerald Lakes Compliance Permit.  The complete replacement of a shed or deck, or portions of a deck require a compliance permit.  Items with an asterisk are only required to be submitted with new house construction applications.

1.1 Application for an ELA Compliance Permit, along with Cover Sheet Check List

1.2 Compliance Permit fee.

House (complete):       $450.00

Garage, addition, alteration, swimming pool:  $125.00

Porch, deck:     $45.00

Shed under 144 sf:     $25.00

Shed over 144 sf:     $125.00

Docks and fences:     $25.00

1.3 Signed and dated Tree Cutting Request form

1.4 Copy of Property Owner’s Deed *

1.5 Copy of Township Zoning Permit

1.6 Copy of Guardian Building Permit

1.7 Copy of Township Septic Permit*

1.8 Signed and dated Ground Restoration Agreement *

1.9 Signed and dated Guarantee form *

1.10 Signed copy of Construction contract

1.11 One set of 1/4″ scale drawings, showing all elevations and plan views

1.12 One copy of the Surveyor’s Property Report/Drawing drawn to 1″ – 50″ or larger scale, indicating North, and including, but not limited to, the location of the following:

1.12.1  Iron Pins indicating property corners.

1.12.2 House with setbacks

1.12.3  Driveway

1.12.4 All areas that are to be cleared and/or disturbed.

1.13 Copy of Contractor’s liability insurance coverage

1.14 List of Subcontractors, with company names, contact persons, telephone numbers and addresses.

2. Failure to comply with any one of the requirements specified within the application, Guarantee, and Ground Restoration Agreement Forms, shall be considered one violation for each instance of non-compliance.

3 All dues and fines must be paid and the member must be in good standing before permit will be issued.

4. Processing may take up to 15 days after the receipt of the complete documentation or receipt of the last item if any documentation is missing or incomplete.

5. All compliance permits must be posted prior to the commencement of any construction activity.  They must be maintained in a readable condition throughout the construction period until the Certificate of Compliance is issued.

6. If a change in the original approved plans become necessary, a written request for the change must be submitted to and be approved by the C.E.O.

G. COMPLIANCE PERMIT APPROVALS AND FEES

1. The C.E.O. may issue a compliance permit after a written application is submitted in the manner and on the forms prescribed, providing that the application is complete, all required information is provided, and the application is accompanied by the applicable filing fee.

H. BUILDING PROCEDURES FINES

1. Failure by any contractor or owner to comply with the provisions these Building Procedures and Regulations shall result in the following of fines and charges.  Contractors, and owners performing their own construction, shall be charged for any violation committed by their subcontractor, landscaper, or supplier.

2. Schedule of Fines:

1. Building without a Compliance Permit

House: $500, plus $250/day for each day violation continues.

Other Construction: $250

2. Continuing construction activities after a Stop Order is issued: $500/day

3. Trees cut by a Contractor prior to receiving an approval: $200/tree cut

4. Trees cut by a property owner prior to receiving an approval:  $100/tree cut plus the requirement to plant a mature 4′ (minimum) high tree for each tree removed.

5. Trees not planted by the property owner in accordance with stated requirements: $100/tree.

6 Failure to comply with any one of the requirements specified within the Application, Guarantee, and Ground Restoration Agreement Forms: $200/violation

7. Any violation of any one requirement of the Building Procedures with a fine not specified above: $150/violation

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