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Revised: January 2012 WALLENPAUPACK BUILDING REGULATIONS WLE BUILDING RULES
AND REGULATIONS INDEX Amendment Summary………………………………………………………….Page
2 Article l Building Permit Requirements…………………………………Page
9 Article ll
Prerequisites…………………………………………………………
.Page 9 Article lll Permit
Fees………………………………………………………….Page 10 Article lV
Building Permit
Application…………………………………….Page 10 Article V Definitions…………………………………………………………….Page 12 Article Vl
Regulations………………………………………………………….Page
15 Article Vll
Prohibitions………………………………………………………….Page
20 Article Vlll
Variance……………………………………………………………….Page
24 Article lX
Regulations
for Landscaping………………………………_..Page 25 Article X Fine Assessment………………………………………………… Page 28 Article Xl
Fine
Index…………………………………………………………….Page 29 AMENDMENTS SUMMARY November
13, 1999
-Article VII, Section 17
Satellite Dish – Non-fee permit required July 24,
1999-
Split-rail fences rules added with specifications July, 2001- Article VII, Section 6 - Split-rail fence rules rescinded and
split-rail fences no longer permitted. August,
2003- Revisions
as follows: Article
IV, Section 6 – Surveys need to include actual planned driveway and parking Article IV, Section 11 – WLE Letter of
Compliance is required prior to occupancy or use of new construction. Article VI, Section 4 – Tree clearing for
placement of a modular foundation or modular home now both require replacement
of trees in the area cleared for a crane. Article VI, Section 7 – All siding and
trim colors, except white trim, must conform to WLE color chart. Article
VI, Section 9 – Outside air conditioners cannot be placed in the setbacks,
easements, or right-of-way areas of WLE.
Section 10 – Approval is required to place anything in these areas.
Article VII, Section 7 – Landscaping pools
greater than 32 sf. require a permit
Article VII, Section 9 – Detached fabric
and screened structures are only allowed for temporary, seasonal use, and not
allowed for storage buildings. Article VII, Section 16 – Sheds may be
10’x12’, gazebos 10’x10’ (100 sq. ft.) December 2003 Revisions:
Article lV, Section
2A –
Felled trees must be cut up into 18” or shorter lengths and stacked within the
property lines or removed from the property. Article X, Section
A5-
The total impervious area (buildings, paved and concrete surfaces) on a lot
cannot exceed 33% of the lot area for a single lot or 25% of the lot area for
two or more combined lots. April 2005 Revision:
Article VI, Section 4 - Replacement tree
size increased to 8’-10’ (conifers) or 14’ (deciduous) and a fine imposed if
trees not planted before LOC issued. December 2005 Revision: Article 5, Section 2: New sewer and water taps will only be allowed
from April 15 to November 15. January 2006 Revision: Article VI, Section
16 –
March 2006 Revision: Article IV, Section
11 -
Builder must submit evidence of purchase of an approved 2 hp Myers pump when a
grinder pump has been installed before the WLE L.O.C. will be issued. January 2007 Revision: Article VII, Sec. 17 – Changes to
Satellite Dish Rules. More than one dish
is allowed. No permit is required but
office must be notified of installation.
Size limit is 39”. Location is
outside of easements and right-of-ways. Article VI, Sec. 2 – Change to contractor
hours; no outside Saturday work (revoked 10/07) Fine
increased to $1000 per tree for unapproved cutting of trees. April 2008 Revision: Article VI, Sec. 9 – Portable toilets will
be required at all new home construction sites. October 2008 Revision: Article VII, Sec. 16 – Playhouses will
now require a fee permit if they exceed 50 sf in size and/or if they have
electrical service. They will also count
as a detached structure when limiting detached structures to two per lot if
they are over 50 sf. December 2008 Revision: Article VII, Sec. 16,
para. H
– Gazebos defined July 2009 Revision: Article IV Section 7a Final as built Survey: Final survey will contain actual
placement of: house, driveways, decks, chimney and all outer structures along
with set backs and elevations. Article VI Section 8: Fuel tanks now have
to be concealed by lattice work or shrubbery. Article VI Section
18: Temporary
storage units used only for house hold item, when moving or home remodeling,
for a period of 30 days on a Non-Fee permit, renewable once, for a total of 60
days. Article X Section D
3-Culverts: Ends
of culverts must be properly finished with a head wall. November 2009 Revision: Article
Vl, Section6 Parging: Masonry block foundation exposed above final grade
shall be parged. Concrete foundations exposed above the final grade shall be
finished, removing tabs, and painted. September 2010 Revision: Article Vll Section 7
Pools:
Children’s wading pools, with a maximum height of 15 inch sidwalls, and NO pool
filters are permitted. All wading pools are to be removed at the end of the
summer season. October 2010 Revision: Article IV, Section 3
Building Permit Renewal: Building permits may be renewed once, EITHER (1)
a
3 month extension for an enclosed structure for a $50.00 renewal fee, OR (2)
a
6 months extension for a structure that is NOT enclosed for a $500.00 renewal
fee. If the
house is not complete, with a Certificate of Occupancy issued by the Paupack
Township Inspector, within the time frame of the 3 months OR 6 month
extension, then a fine of $500.00 per month will accrue until the house is
completed and a Certificate of Occupancy has been issued. Article Vl Section 19 Waste Receptacles: Waste receptacles,
including dumpsters, used for other than construction purposes, require a
non-fee permit for 30 days. Permit may be renewed once, if the waste receptacle
has been emptied. Article Vll Prohibition, Section 14.1: Any outdoor solid
fuel burning appliance, or furnace, used to heat a home, a garage, or water is
prohibited. July
2011 Revision Article VII Prohibition, Section
8 Spas: Spas and hot tubs must be part of the main
structure with a lockable 4’0” enclosure, or lockable cover meeting ASTM
standards # F1344 or #1346-91. January
2012 Revision Article
III Permit Fees Section 1 Sewer & Water Hook-Up Fee is: $1150.00 Article
lV Building Permit Application, Section 1 Requirements: Storm water drainage
plan is required with the W.L.E. building application. A courtesy advisory regarding contractor’s
insurance has been added to WLE permits for WLEPOA members as WLE lot owners
planning or undertaking construction or other work by contractors or other
laborers/workers at their property in WLE.
You cannot rely upon this advisory, since it may not pertain to your
situation or relationship with your contractor, and is not intended as a
substitute for sound, thorough and quality advice personally obtained by you
from skilled, competent professionals.
In your interest or for your protection, you should consult with
appropriate, qualified professionals and experts for advice and guidance for
your personal and private transactions with others; otherwise you proceed at
your own risk. The Association does not
warrant, assure or vouch for the accuracy, thoroughness and legal significance
of such advisories, and does not check for, investigate, verify or continue to
verify, or monitor any information about contractors, and any of their
characteristics and attributes, such as their business, skills, quality of
workmanship, performance, reliability, and financial standing, and any document
or information required of or submitted or affirmed by them. The Association is not required to procure,
verify or maintain any information about contractors or any of their
characteristics and attributes, and disclaims all warranties, liability and
responsibility for the effects and consequences of heeding or your not heeding
such an advisory, and the contractors’ compliance or noncompliance with their
information and affirmations. The
documents and other information submitted to the Association by or on behalf of
contractors are for WLEPOA’s use and benefit, but are available to its members
as many of its other records are. WALLENPAUPACK LAKE
ESTATES - PROPERTY OWNERS ASSOCIATION BUILDING REGULATIONS ARTICLE I Building Permit
Requirements A
Building Permit is required for all construction and includes, but is not
limited to, dwellings, alterations, decks, (attached and unattached),
additions, garages, gazebos, sheds, playhouses over 50 sf, stairs, porches,
dormers, and demolishing with the intent to rebuild. ARTICLE II Prerequisites Section
1 All
Dues, Sewer and Water fees, Special Assessments and Fines must be paid, before
the issuance of a Building Permit. Section
2 When
required, the Paupack Township Building Permit must be issued prior to the Section
3 Schedule
"A" Deed Covenants shall be part of these Building Regulations
whether or not specifically cited within these regulations. ARTICLE III Permit Fees Upon acceptance of application for a building
permit the following fees will be collected: Section 1 Construction of Home (as per original
submitted plans)……… $500.00 Sewer & Water Hook-Up (See S & W
Regulations) …………$1150.00 Permit Renewal after six months ………………….
………………$50.00 Section 2 Miscellaneous Construction: A.
New:
To include but not limited to decks, porches screened or enclosed, garages,
additions, dormers……………$0.25/ sf B.
Shed,
gazebo, playhouse over 50 sf and/or with electrical service, and deck
replacement to same dimensions……………………………………………... $25.00 C.
Permit
renewal for six months………… $50.00 or new
permit fee, whichever is less D.
Maintenance/Landscaping/Stairs
(Must be within setbacks)……………………… N/C ARTICLE lV Building Permit
Application Section 1 Requirements: Two (2) sets of
construction plans. Copy of Recorded Deed
with Schedule "A" attached (if deed is not on file at WLE) Insurance certificate
(for contractor if not on file at WLE) Survey Permit Fee Sewer & Water
Hook-Up Fee Copy of the Copy of the Storm
Water Drainage Plan Insurance Certificate: A Certificate
submitted by the general contractor or the property owner +showing insurance
coverage for liability and property damage and naming W.L.E.P.O.A. as
certificate holder on the policy. The insurance certificates must show a
minimum amount of insurance coverage of $1,000,000 when the estimated cost of
construction exceeds $10,000 and a minimum amount of $300,000 when the
estimated cost of construction is $10,000 or less. Section 2 Procedures: Upon approval of the
building application, one set of accepted plans will be returned to the party
submitting the application. A Lot Clearing Permit will then be issued which
allows for necessary tree removal, excavation and installation of the footings
and/or slab. A resurvey must then be submitted Prior to any further construction. Upon approval of the resurvey,
the Building Compliance Officer or member of the Building Committee will post
the When submitting the resurvey for approval,
the following conditions must be met before a BUILDING PERMIT will be issued: A. Trees felled must be
removed from the property or cut into eighteen inch (18”) lengths or less and
stacked within the property lines. B. Tree stumps must be removed from the
property. C. Tree branches and cut
brush must be chipped or removed from the property. Section 3 Building Permit Renewal: Building Permits may
be renewed once, EITHER (1)
A
3 month extension for an enclosed structure for a $50.00 renewal fee, OR (2)
A
6 month extension for a structure that is NOT enclosed for $500.00 renewal fee. If the house is not complete, with a
Certificate of Occupancy issued by the Paupack Township Inspector, within the
time frame of the 3 month OR 6 month extension, then a fine of $500.00
per month will accrue until the house is completed and a Certificate of
Occupancy has been issued. Section 4 Contractor Responsibility: General contractors
are responsible for notifying their sub-contractors of the W.L.E.P.O.A.
Building Regulations, Sewer and Water Regulations and the penalties for failing
to comply. General Contractors will be
fined for repeated subcontractor violations. Section 5 Miscellaneous Construction: A copy of the
resurvey, showing all existing and proposed additions is acceptable for
miscellaneous construction. A signed statement is required indicating accuracy
of information provided. ARTICLE V Definitions Section 1 Building Permit - Wallenpaupack
Lake Estates:
Issued by the Building Compliance Officer or the Building Committee that
permits construction on property within Wallenpaupack Lake Estates. A new house
or Section 2 Building Permit - Section 3 Non-Fee Permits: Issued by the
Building Compliance Officer or the Building Office. Required for certain
exterior maintenance and landscaping. There is no fee and the permit is valid
for thirty (30) days from the date of issue. Non-Fee Permits may be renewed once for an
additional thirty (30) days. All work must be completed within sixty (60) days. Section 4 Building Plans: Comprehensive plans
of the proposed construction showing the following information at 1/8" or
¼" per foot scale: Floor Plans -
Elevations - Height of building from mean grade. Section 5 Setbacks: Distance on the
front, rear, and both sides of the property lines to the construction. Minimum required Setbacks: 60' Building to center of road. 10' Building to side and rear lot line. 30' Corner lots - Building to centerline of
side road. 30' 10' 75’ Building to the center of a cul-de-sac. Section 6 Survey: The survey must be
signed and sealed by a Pennsylvania licensed surveyor showing the following
information: Size of the lots; property lines; required setback lines; location
of building on site; existing road; proposed road and right-of-way widths as
shown on recorded maps of W.L.E. to point nearest the front setback line; the perpendicular
dimensions from one side of the property line to each corner of the dwelling on
that side; the proposed driveway location; elevations including road elevation;
building corner elevations on the existing grade prior to construction;
elevation on fixed boundary pins. This survey shall also include all building
appurtenances (decks, stairs, chimneys, etc.). Section 7 Resurvey: Survey signed and
sealed by a Pennsylvania licensed surveyor, containing all the provisions of
the survey (including actual parking, driveway, and culvert locations) after
the footings and/or slab have been completed. The Resurvey must be approved
prior to continuing construction operations. Section
7a Final as Built Survey: Survey
signed and sealed by a Pennsylvania licensed surveyor showing the following
actual information: Size of the lot, property lines, required setback lines,
location of building on site, existing road, actual road and right of way
widths as shown on recorded map of W.L.E. to the nearest point of the front
setback line, the perpendicular dimensions from one side of the property line
to each corner of the dwelling on that side, the actual driveway and parking
pad location, elevation including road elevation, building corner elevation on
existing grade after completion of
construction and elevation on fixed pins. The survey shall also include all
actual building appurtenances such as decks, stairs, and chimneys and outer
structures. Changes that are made after
the proposed survey need to be approved and shown on final survey. Section 8 Section 9 Certificate of Occupancy: Issued by the
Paupack Township Building Inspector when construction is completed and the
final inspection is approved. New homes may not be occupied until the
Certificate of Occupancy is issued. Section 10 Certificate of Use: Issued by the
Paupack Township Building Inspector for construction where occupancy is not an
issue after the construction is complete and the final inspection has been
approved. Section 11 Letter of Compliance: Issued by the
Building Compliance Officer or the Building Committee after the Certificate of
Occupancy and/or the Certificate of Use has been issued by the Paupack Township
Building Inspector, and the W.L.E. final inspection has been approved. If the L.O.C. is for a new home and a
grinder pump was installed, the builder must submit evidence (copy of receipt)
that an approved 2 hp Myers pump was used before an L.O.C. will be issued. If you fail to pass the W.L.E. final
inspection, there will be a fee of $25.00 per each additional inspection
thereafter. Both the Paupack Township
Certificate and the WLE Letter of Compliance must be obtained prior to
occupancy or use. ARTICLE VI Regulations Section 1 All contractors, sub-contractors and their
employees must secure a contractor’s vehicle pass for each vehicle,
which must be displayed on the vehicle for identification purposes. Contractor passes are valid for the period
shown on the pass. The cost per year is
$20.00. These passes are non-transferable and good only for working hours. Section 2 Hours of Work Contractors are allowed to enter WLE property
for work Mon.- Fri. 8 A.M. to 6 P.M. and Saturday 9 A. M. To 5 P.M. No contractor work is allowed on Sundays or on
weekends starting the Saturday of Memorial Day weekend and ending Labor Day, or
on the following holidays: New Years Day - Memorial Day - July 4th - Labor Day
- Thanksgiving - Christmas. Section 3 Building Plans Canceled If excavation is undertaken and building
plans are canceled, the site must be restored to its original grade within
thirty (30) days from date of cancellation or the P.O.A. will contract to
restore the property at the property owner’s expense. Section 4 Tree Removal Any trees removed without written approval or
removed for the purpose of placing either a modular foundation system or a
modular home on the foundation, must be replaced with trees of at least 8’-10’(conifers)
or 14’ (deciduous) in height. The number and location of the replaced trees
shall be determined by the Association. The replacement trees must be planted
to receive a Letter of Compliance prior to occupancy. Occupancy prior to receipt of an LOC will
result in a $100.00 fine per month and suspension of member privileges until
the trees are planted and an LOC issued.
Requirements of Article V, Sections 2A and 2C apply to cut trees,
including trees cut under a WLE tree removal permit. Section 5 Unsightly Building Site No building site shall be kept in an unsightly
manner as determined by the Building Compliance Officer or the Building
Committee. If a site is not cleaned up
and trash and waste materials removed by the end of business each Friday, a
dumpster will be required to be put on site for waste. Section 6 Parging Masonry and/or concrete foundations exposed
above the final grade shall be parged. Concrete foundations exposed above the
final grade shall be finished, removing any tabs, and painted. Section 7 Exterior Color All exterior building walls, roofs,
structures and/or alterations must conform with the approved W.L.E. color chart
of earth tones with consideration for standard modular home colors. Trim colors, except white, must conform to
the WLE color chart. Section 8 Fuel Tank Concealment and Location Fuel tanks, shall be concealed by lattice
work or shrubbery on only 3 sides, the top must remain open. All exterior fuel
tanks are to be located at the side or rear of the structure, where possible,
and must be in compliance with the existing State Codes. Section 9 Portable Toilets A portable toilet
will be required to be placed on site for any new home construction until at
least one toilet is functional inside the house. Section 9a Air Conditioners Air conditioners located outside the
structure must be located outside of the surveyed WLE setbacks, easements, and
right-of-way areas. Section 10 Easements A permanent easement for drainage and
utilities is established 5 feet along side lot lines, 10 feet on rear lot lines
and 10 feet along street right-of-way lines.
Approval is required to place anything in these areas .Section 11 Erosion Control Upon final re-grading, erosion control is
required as per Penn. Title 25, Chapter 102, Erosion Control, before a Letter
of Compliance will be issued. Section 12 Re-grading All sites are to be cleared of debris and re-graded
as soon as possible and must be completed prior to the final inspection by the Section 13 Modular Homes A. The Manufacturer of a Modular Home must
submit an AFFIDAVIT stating that the building is of Modular construction and
not a mobile building. No permit will be issued until the affidavit is
submitted. B. All modular sections are to be set on
foundations within 48 hours of delivery, including removal of trailer from
Wallenpaupack Lake Estates. Section 14 Blasting A. All blasting contractors will be required
to register with the W.L.E.P.O.A. office prior to blasting. B. The contractor shall be liable for all
damages to persons or property caused by the blast(s) or explosion(s) and
submit insurance certificate in the amount of $1,000,000.00 for liability and
property damage to the W.L.E. office. C. The contractor shall notify W.L.E.
Security to close off the road to both vehicle and pedestrian traffic during
blasting. D.
No drilling or blasting is permitted on Holidays or weekends. \Section
15 Notice of Violation - Stop Work Order All
construction must comply with the approved plans. Deviation from these plans
will result in a Notice of Violation and/or a Stop Work Order. All Notices of
Violation will be conveyed by telephone and followed up in writing. The
contractor/owner will have Fifteen (15) days or less to bring all work into compliance
with approved plans. The Section 16 Address Numbers The 911 Address
numbers are to be a minimum 3” high, reflective numbers placed on a 4’ post on
the house side of the driveway about 10’ from the edge of paving. The numbers should be on both sides of the
sign and visible from both directions. Section 17 Letter of Compliance A. Upon receipt of the Certificate of
Occupancy, and /or the Certificate of Use, issued by B.
If the Building Compliance Officer finds the site to be in compliance, a
"Letter of Compliance" will be issued. If you fail to pass the final
inspection, there will be an additional fee of $25.00 per inspection
thereafter. C. THE ASSOCIATION CONSIDERS ALL CONSTRUCTION TO BE
INCOMPLETE AND OCCUPANCY NOT PERMITTED UNTIL A "LETTER OF COMPLIANCE"
IS ISSUED. D. Association representatives, in order to
enforce the rules of the Association, have the right to enter onto the land of
any property owner for the purposes of determining compliance with the Building
Rules and Regulations. Section
18 TEMPORARY STORAGE UNITS: Are for household item used temporarily for
moving or remodeling, it requires a non-fee permit for a 30 day period,
renewable for a second 30 day non-fee permit, with a maximum of 60 days of use. Section
19 Waste Receptacles: Waste receptacles, including dumpsters, used for other
than construction purposes, require a non-fee permit for 30 days. Permit may be
renewed once, if the waste receptacle has been emptied. ARTICLE VII Prohibition Section 1 Advertising Signs NO ADVERTISING SIGNS ALLOWED. No signs for
advertising purposes shall be erected or maintained on the premises or on or in
any buildings on the premises. Section 2 Temporary Residence No temporary structures of any kind are
permitted as a residence including but not limited to, trailers, basement,
tents, shacks, garage or barn. Section 3 Driveway Requirements Maximum width of driveway entrance to
property shall be 20’ wide, including circular driveways. A culvert pipe, if
necessary, must be installed under the driveway, along with drainage ditches
where required. Size of culvert shall be determined by on site conditions. Section 4 Water & Sewer No individual water supply or sewage system
will be permitted (as dictated by Schedule "A"). Section 5 Exterior Lighting All exterior lighting shall be directed away
from adjoining property. Pole lights installed by PP&L are prohibited. Section 6 Fences Perimeter fences are not permitted. Fences
for landscaping and vegetable gardens, not to exceed 4'0" in height and
100 sf of enclosed area, are allowed. 6’
metal mesh deer fences around new trees are allowed. Split-rail fences are no longer
permitted. Existing split-rail fences,
per ruling of July 30, 2003, must be removed if: (a) they deteriorate to the
point of needing repair, or (b) the property is sold. Section 7 Pools Above or in-ground pools are not permitted. Children’s
wading pools with a maximum height of 15 inch sidewall, and NO pool filters.
All wading pools are to be removed at the end of the summer season. Landscaping
pools or water fountains (over 32 sf. in area) require prior WLE approval and a
landscaping permit before installation. Section 8 Spas: Spas and hot tubs must be part of the main structure with a lockable 4’0”
enclosure, or lockable cover meeting ASTM standards # F1344 or #1346-91. Section 9 Screened Structures Detached permanent screened or fabric
structures are NOT permitted except
for permitted screened gazebos. Portable
removable screened-in facilities are permitted for seasonal use. Section 10 Color of Products Aluminum and canvas patio products, including
awnings, shall conform to all Building Regulations and WLE approved colors. Section 11 Construction Equipment Movement No construction equipment shall be placed or
used on any WLE road unless it is equipped with rubber tires and a steering
wheel. All equipment moved from site to site must be
moved on flatbed trucks. Should any
equipment (tracked and skid-steer vehicles) prohibited from use on WLE roads
need to be operated on the roads by a contractor, provisions to protect the
road (ie plywood or other material) must be used. Prohibited equipment should be on and off
loaded on the shoulder or on the lot where it is being used. The contractor will be liable for all damages
for failure to comply. Section 12 Commercial Vehicle Parking No commercial vehicles over 10,000 lbs. gross
weight may be parked on W.L.E. property except when active construction is in
progress. Section 13 Vehicle Parking Vehicles are not allowed to park on the
roadway. Section 14 Burning Open fires or the open burning of any
construction materials are prohibited. Section 14.4: Any outdoor solid
fuel burning appliance, or furnace, used to heat a home, a garage, or water is
prohibited. `Section 15 Compactor No dumping of construction debris in the WLE
compactor is permitted. Contractors or sub-contractors are not permitted to use
the W.L.E. compactor. Section 16 Dwelling Requirements A. Multi-family homes are not permitted. Only
single-family dwellings are permitted.
No more than two detached structures (garage, shed, gazebo, playhouse
over 50 sf) are permitted on one lot (including combined lots). B.
A single-family dwelling shall be no more than two levels, with a minimum of
800 sf. of floor space, with a minimum of 550 sf of floor space on the first
level. C.
Building shall not exceed two levels in height above the foundation. The
maximum height from the mean finished grade to the D.
CARPORT/GARAGE: The minimum size of a carport or garage (with garage door), is
12 feet by 20 feet (240 sf). The maximum size shall not exceed 24 feet x 28
feet (672 sf.). Carports must be part of the main structure and shall be no
higher than 15 feet from mean grade. Detached garages shall be no higher than
15 feet from mean grade. E.
NO LEAN-TO’S are permitted to be attached to any structure. F.
Sheds, gazebos, and playhouses can be no larger than 10’x 12’, or 120
square feet and no higher than 15' from the mean grade. G. PLAYHOUSES: Playhouses less than 50 sf cannot be
installed more than 3’ above mean grade but do not require a permit. Playhouses over 50 sf must be located within
the building setback lines. Playhouses
over 50 sf will require a fee permit and a playhouse of any size with
electrical service will require a fee permit and must be within the setback
lines. H. GAZEBO:
A gazebo in WLE is defined as a 6 or 8 sided structure (or other plan as
approved on an individual case basis) either prefab or site built, not
exceeding 120 sf. WLEPOA specifically
reserves the right to deny a gazebo permit based on its architectural
design. Section 17 Satellite
Dish 1.
No permit is required, but the building office
must be notified of the installation. 2.
Maximum size dish is 39”. 3.
More than one dish is permitted if needed to
receive signals from different sources. 4.
Installation: (a)
Mounted
to dwelling no higher than 12’ above highest point, or on a 12’ pole on the
ground. (b)
Ground
installation must not be within WLE easements or road rights-of-way. That means 5’ from sidelines, 10’ from rear
line, and 30’ from center of the road (35’ on 50’ R.O.W). No tree installations are allowed. ARTICLE VIII Variances Hearings –
Appeals Section 1 Procedure If due to unusual conditions, the owner finds
that compliance with the Building Regulations results in unnecessary hardship,
owner may apply for a variance. A.
The request for a variance shall be made in writing to the W.L.E.P.O.A. stating
the reasons for such variance and the type of hardship claimed. The owner shall
submit copies of the same letter to adjacent property owners and request them
to submit their comments to the Association within thirty (30) calendar
days. If no comments are received, it will be assumed that adjacent owners
do not oppose the request for the variance. B. The
owner seeking a variance must submit the site plan showing names and addresses
of adjoining property owners and proof that adjoining owners were notified.
Such proof shall be submitted by certified mail, return receipt requested, with
a copy of letter. C. A
hearing will be scheduled before the Building Committee within thirty (30)
calendar days after receiving proof of service. Notification of the hearing
date will be made to the Property Owner and anyone opposing the variance will
be made by phone or by Certified Mail, return receipt requested. D.
The property owner and/or their agent may appear at the hearing on the date
indicated and present any facts substantiating the hardship and the reasons why
the variance should be granted. E.
The maximum number of continuances shall be two (2). F.
The Building Committee shall consider all pertinent facts and submit in writing
to the Board of Directors their recommendations together with the reasons for
their decision. G.
The Board of Directors, after reviewing all the facts and the recommendations
of the Building Committee, shall be responsible to render the final decision
regarding the variance application. ARTICLE l X REGULATIONS FOR
LANDSCAPING - TO INCLUDE DRIVEWAY-PARKING
AREAS-RETAINING WALLS-SITE DRAINAGE-CULVERTS-STRUCTURAL PLANTERS-GRADE CHANGES. A. GENERAL 1. All landscaping
performed within the bounds of the Association, shall require a non-fee permit,
with the following exceptions: a.
Property
Owners performing any landscaping operation requiring manual equipment only. b.
When
Upon submittal of a landscaping proposal and
its approval by the Wallenpaupack Lake Estates Building Compliance Officer, a
Non-Fee Permit will be issued. 2. Landscape
construction of retaining walls or involving elevation changes require a
drawing reproduced from the resurvey showing
the retaining wall boundaries and/or the elevation change. 3.
No
creosote wood may be used within the bounds of Wallenpaupack Lake Estates. No
creosote may be applied to existing wood. 4.
All
landscape contractors are required to comply with the requirements in the
Building Regulations pertaining to 5.
The
total area of impervious surface improvements on a lot, including all buildings
and paved and concrete surfaces, shall not exceed 33% of the lot area. On two or more combined lots the impervious
area shall not exceed 25% of the lot area. B. DRIVEWAYS 1. Driveways
shall be constructed exactly as shown on resurvey. 2. The
driveway entrance can be a maximum width of 20 feet. 3. No
permanent construction shall be constructed upon an Association drainage
easement. 4. Existing
right-of-way grades shall NOT be changed. 5. All
driveway fills shall be of suitable material subject to the regulations of the
Pennsylvania Department of Environmental Resources. C. PARKING
AREAS 1. Parking
areas shall be constructed exactly as shown on the resurvey. 2. All
parking areas within W.L.E. utilities easement, which must be removed and/or
replaced, will be done at the owner’s expense. No permanent construction is
permitted. 3. No
parking area may be constructed within a WLE Right-of-Way without written
approval of the Building Compliance Officer. 4.
Parking area fills shall be of suitable material subject to the regulations of
the Pennsylvania Department of Environmental Resources. 5.
After the Letter of Compliance is issued for the dwelling, no parking area may
be constructed without obtaining a landscaping permit. D. SITE DRAINAGE & CULVERTS 1. Unless
specifically authorized by the Association, NO drainage pattern or storm
water flow may be altered. 2. No
property owner (other than WLEPOA or the Association) may direct additional
drainage of surface water onto or into the road right-of-way or adjoining
property without a landscaping permit. 3. Where a
drainage ditch or swale exists and a culvert pipe is required, a pipe of
materials conforming to Penn Dot form 408, Section 600 and of a size determined
by the Association, shall be installed along the center line of the drainage
ditch or swale in accordance with Penn Dot standard details. Ends of culverts
must be properly finished with a head wall. 4. The final
determination of the need for and location of drainage ditches and swales rests
with the Association. 5. A culvert
requirement determination shall be made by the Association on the date of
issuance of the "Lot Clearing Permit" or later if conditions warrant. 6. The
culvert, if required as part of a new house building permit, must be in place
and installed to the above specifications prior to the issuance of a
"Letter of Compliance". E. RETAINING
WALLS 1. A
retaining wall shall be considered to be any non-dwelling wall built to keep a
bank of earth or other materials from sliding. 2. No
retaining wall may be constructed upon any Wallenpaupack Lake Estates drainage
easement or right-of-way without obtaining a landscaping permit allowing such
work. PENALTIES 1. The
Association shall impose a fine, as stated in the fine index, on any contractor
or owner who violates any of the provisions of the driveway, parking areas,
retaining walls, site drainage and culvert regulations. 2.
If the contractor or owner fails to comply with the driveway, parking area,
retaining walls, site drainage and culvert regulations within thirty (30) days
after the imposition of the fine, W.L.E.P.O.A. will correct the violation and
bill the contractor or owner for the corrective action 3.
No "Letter of Compliance" will be issued by the Association until all
driveways, parking area, retaining walls, site drainage, and culvert
construction is in full compliance. ARTICLE lX Fine Assessment Failure to comply with the W.L.E.P.O.A. Rules and
Regulations will result in the assessment of fines on the Contractor/Owner, as
noted in the "Fines Index" included in these regulations. All fines
must be paid within Thirty (30) days of notification that a fine has been
assessed. A subsequent offense committed after one year from the previous
offense will be considered another first offense for the purpose of fine
assessment ARTICLE XI FINE INDEX ARTICLE 1: (BUILDING PERMIT REQUIREMENTS) FINE
$500.00 (Building Permit Requirements) Clearing or
construction without first obtaining a Lot Clearing or Building
Permit or deviation from the submitted plans without approval. ARTICLE lV: SECTION 2: (PROCEDURES) FINE
$500.00 Continuing construction before obtaining
approval of the resurvey. ARTICLE V: SECTION 1: (BUILDING PERMIT -
W.L.E.) FINE $500.00 Failing to enclose the exterior of the
building including roof, siding, doors, and windows within six months. The fine will be
assessed each six month period the building exterior is not
completed. ARTICLE VII: SECTION 14 (BURNING) FINE
$1000.00 Open burning of debris or construction
materials. ARTICLE VII: SECTION 11 FINE $500.00 plus
Damages Moving construction equipment not equipped
with rubber tires without a flat bed trailer. ARTICLE VII: SECTION 1 (ADVERTISING SIGNS)
FINE $25.00 Advertising signs are not permitted. ARTICLE lV: SECTION 2: (TREE REMOVAL) FINE
up to$1000.00 PER TREE PLUS REPLACEMENT for removal of trees unnecessary
for construction or without approval. ARTICLE
VI: SECTION 4:
(TREE REMOVAL) FINE up to $1000.00 PER TREE PLUS REPLACEMENT for cutting or topping of trees
without a permit. ARTICLE VI: SECTION 5: (UNSIGHTLY BUILDING
SITE) FINE up to $1000.00 Unsightly building site as determined by the
Building Compliance Officer or Building Committee. ARTICLE VI: SECTION 15: (STOP WORK ORDER)
FINE $250.00 PER DAY Continued construction after Stop Work Order
is issued. ARTICLE VI: SECTION 13B: (MODULAR HOMES)
FINES $250.00 PER DAY Failing to set modular on foundation or
remove trailers within forty eight (48) hours. ARTICLE VII: SECTION 2:
(TEMPORARY RESIDENCE) FINE $1000.00 Temporary structure or outbuildings utilized
as a residence. ARTICLE VII: SECTION 12: (COMMERCIAL VEHICLE
PARKING) FINE $100.00 Overnight parking of commercial vehicles over
10,000 pounds gross weight. ARTICLE VII: SECTION 13: (VEHICLE PARKING )
FINE $10.00 Vehicles parked on W.L.E. roadways. ARTICLE VII: SECTION 15: (COMPACTOR) FINE
$1000.00 Contractors or Sub-contractors using W.L.E.
compactor. VIOLATIONS OF THESE BUILDING REGULATIONS,
WITH THE EXCEPTION OF THOSE VIOLATIONS FOR WHICH SPECIFIC FINES HAVE BEEN
LISTED, WILL RESULT IN A FINE OF $100.00 PER VIOLATION. ANY VIOLATION OF THESE BUILDING REGULATIONS,
IN ADDITION TO ANY FINES, MUST BE CORRECTED AND BROUGHT INTO COMPLIANCE WITHIN
THIRTY (30) DAYS. FAILURE TO COMPLY
WITHIN THIS TIME FRAME MAY RESULT IN THE P.O.A. OBTAINING A CONTRACT TO BRING
THE PROPERTY INTO COMPLIANCE AT THE PROPERTY OWNERS EXPENSE. |