[HISTORY: Adopted by the Board of Supervisors of the Township of
New Garden 3-3-2003 by Ord. No. 149. Amendments
noted where applicable.]
No person, partnership, association, corporation or like entity shall
engage in business within the Township as a building contractor without first
having registered with, and having a current registration with, the Township
as hereinafter provided. Exempt from registration are the following: public
utilities, the franchised cable television company, a homeowner performing
work on his own property and appliance installation and repair.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any person engaged as a building contractor or the following
trades: carpenter, plumber, electrician, excavator, mason, painter, building
siding installer, roofer, paver, cement or concrete contractor, general building
contractor and any person engaged in construction, alteration or repair of
buildings or other structures, road construction or building development for
which a permit is required under the applicable zoning, subdivision or building
ordinances of the Township.
The annual fee for the registration required by this chapter shall be
as set from time to time by resolution of the Board of Supervisors. Such registration
shall be valid on an annual basis beginning on April 1 and expiring March
31 of the following year. New or starting registrations shall commence with
the date of approval of the registration and expire with the next normal expiration
term. Fees for new or startup shall be calculated on a pro-rated basis. Annual
fee for renewal of the registration shall be due on or before March 31.
Any person or entity doing business as a subcontractor shall be construed
as engaged in the business of building contractor for which annual registration
is required by this chapter.
A.
Application for registration hereunder shall contain
the following information: name; address; names of principal partners or officers;
municipalities where other licenses/registrations are held; and shall be accompanied
by a certificate evidencing coverage under a current general liability insurance
policy, with the limits of not less than $1,000,000 per year per occurrence
and a $2,000,000 general aggregate, $300,000 per occurrence for bodily injury
liability and $1,000,000 on property damage liability. In addition, proof
of adequate insurance coverage for builders' risk, vehicles insurance
with a combined single limit of $500,000 and workers' compensation at
least at the statutory minimum must be provided.
Application for registration and annual renewal registration shall be
filed with the Zoning Officer of the Township, who shall issue or deny such
registration within five working days of the date of the receipt of the completed
application.
This chapter shall not be deemed to create any rights or claims against
the Township, its agents, servants or employees by any person or entity who
shall claim damage from any contractor who has performed work in the Township
without complying with the provisions of this chapter.
A.
Any entity described in this chapter hereof who fails
to register prior to the commencement of any work in New Garden Township shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine, or civil assessment,
for each such violation in an amount not more than $600, plus all court costs,
including reasonable attorney's fees incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules of
Civil Procedure.[1]
B.
In addition to the penalties provided for in Subsection A above, the Township may, at its discretion, proceed in an action in law or equity to enforce the provisions of this chapter and to enjoin any violations thereof.
C.
Alternately the Township, at its discretion, may impose
a penalty of double the permit fee for the job that the unregistered contractor
is performing.
