Environmental Control Committee Manual

Transcription

Association of Property Owners of the Hideout, Inc.
Environmental Control Committee Manual
Version: APRIL 2015
c
POA Associates Usage ONLY
0
2015 All Rights Reserved
THIS MANUAL IS A COMPILATION OF ALL ENVIRONMENTAL CONTROL
REGULATIONS THAT ARE CONTAINED IN THE POA PROTECTIVE
COVENANTS, BY-LAWS, HIDEOUT RULES & REGULATIONS.
THE POA DEPARTMENTS OF ENVIRONMENTAL & LAND PLANNING,
PUBLICE SAFETY, PUBLIC WORKS, FACILITY MANAGEMENT, ALONG
WITH THEIR RELATED COMMITTEES, WILL MONITOR AND ENFORCE
THESE CITED BOARD APPROVED REGULATIONS.
FORWARD
The Governing Documents of the Hideout POA are comprised of, but not limited to
Protective Covenants (PC), By-Laws (BL), Resolutions approved by the Board of
Directors pertaining to Rules and Regulations (BDR) and ECC rules and procedures
(ECCR). This section will attempt to consolidate those rules and regulations that
pertain to environmental procedures involved with the process of making
improvements to a member’s lot.
In no way is it an attempt to change, override or supersede any existing Governing
Documents or Governmental regulations, and any omission of any existing
Governing Documents or Governmental regulations does not alleviate the
responsibility of members, guests, agents of members, etc. from adhering to them.
No provision of these rules or the Declaration shall be construed so as to conflict with
Pennsylvania Building and Environmental Laws, Codes, Rules or Regulations. The
requirements of these rules or the Declaration of Protective Covenants may be more
restrictive than those of Pennsylvania Laws, Codes, Rules or Regulations. (ECCR
Section 132 4/20/83)
In the interpretation and the application of the provisions of these rules, they shall be
held to be the minimum requirements for the promotion of health, safety, and general
welfare. It is not intended to interfere with or abrogate or annul other rules,
regulations or Codes of Township, State or other agencies in jurisdiction, provided
that where these rules impose greater restrictions upon the use of buildings or
premises, the provisions of these rules shall prevail. (ECCR Section 1 4/20/83)
If any section, subsection, sentence, clause or phrase of this Code is for any reason
held by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this Code. (ECCR Section 1 4/20/83)
Every provision of this Manual is hereby declared to be independent of, and severable
from every other provision of the Manual. If any such provision shall be held to be
invalid or unenforceable, that holding shall be without effect upon the validity or
enforceability of any other provision of this Manual. (ECCR Section 1703 01/01/75)
MISSION
The purpose of the Environmental Control Committee (ECC) is to protect the
value, desirability, and attractiveness of the HIDEOUT POA as a whole and each of
the parcels situated within the community in order to maintain a degree of harmony in
keeping with the character of the community. Utilizing the powers and duties
established in the Declaration of Protective Covenants, dated May 11, 1970, the ECC
will monitor and control the actions of each individual property owner associated
with improvements constructed on any lot within the Hideout.
GOAL
The actions of the ECC will be performed at a professional level and in a timely
manner conforming to the duties identified in the Declaration of Protective
Covenants. The ECC will treat all parties that come before it with equal parity and to
provide guidance solving ECC related issues. It must be understood that every action
of the ECC is for the benefit of the entire community and not to promote any
selective treatment.
PROTECTIVE COVENANTS:
6. The Environmental Control Committee
A. General Powers of the Committee
( i ) Power to Approve Plans No improvement may be constructed on any lot without the prior written
approval of the Committee. Such approval shall be granted only upon written
application in the manner and form prescribed by the Committee, accompanied
by two sets of plans and specifications for such improvement. The application
shall show the location of all improvements existing upon said Lot, the location
of the improvement proposed to be constructed, the color and composition of
all exterior materials to be used, any proposed landscaping, and any other
information which the Committee may require.
ECC - ORGANIZATION AND MEETING RULES (reviewed: 01 23 2015)
1. The Environmental Control Committee (ECC) shall elect their Chairperson who will facilitate
the meetings and be responsible for overall coordination of the committee. Election will take place
either the last meeting of November or the first meeting of December each year.
2. Regular Meetings will be scheduled a minimum of two (2) times a month. The Chairperson may
call an unscheduled meeting, with a three (3) day notice (for emergency or urgent purposes less than
3 days or whatever is agreeable to the members), in order to facilitate a timely disposition of any
matters requiring special attention by the ECC. Should the Chairperson be unavailable another ECC
member may act as the Chairperson, however, a quorum of two (2) ECC members is required for
any complex permit approval or similar action to be taken. As a result of a Resolution voted at the
April 16, 2011 Board Meeting, the liaison appointed by the POA Board of Directors to the ECC,
may be called upon to act in behalf of an ECC member to satisfy the quorum requirement.
3. The exception to #2 above will be approval of any non-complex no fee permit applications
(such as but not limited to painting, staining, vinyl siding, and re-roofing) that shall be delegated to
either the Public Works Secretary, Facilities & Grounds Manager, or Environmental Manager to
approve with the ECC. The permits that are approved by either the Facility & Grounds Manager or
the Environmental Manager shall be presented to the ECC at the next scheduled meeting and shall
be recorded in the minutes of the meeting. In addition, the Public Works Secretary, and the
Environmental Manager shall be delegated the power to execute letters of notification pertaining to
actions taken with ECC matters.
4. An Agenda shall be drafted and distributed two (2) days prior to the meeting. The Agenda shall
be a combined effort of the Committee and the Secretary of the Public Works Department in order
to ensure all issues are addressed.
5. It is a requirement that accurate minutes of the meeting are recorded to provide adequate data
supporting the final disposition of any issues that come before the ECC. The minutes shall be
published in the Hideout media. The Chairperson has the responsibility to ensure the task is
performed.
6. The Environmental Manager, acting as a liaison for POA management, shall attend the
scheduled meetings. The Secretary of the Public Works Department shall attend to record the
minutes and provide administrative support to the ECC. The Facilities and Grounds Manager and
Public Safety Director may also be expected to attend for information and advice on ECC matters.
7. In the instance where additional information is required, the ECC is empowered to request an
appearance before the ECC by the member applicant to present information to support an issue
being considered by the ECC.
8. ECC meetings are considered open meetings and may be attended by members of the Hideout
POA that are considered “members in good standing”. The exception will be meetings, or parts of a
meeting, that involve items in the Hideout Protective Covenants and/or By-Laws which may
necessitate a “committee members only” session. In those cases, only the ECC members, and those
who the ECC members feel should be in attendance, will be permitted to attend. In addition,
minutes of those sessions will not be published in the Hideout media.
THIS SPACE BLANK INTENTIONALLY
Contact Information
Hideout Office
570-698-4100
Public Works Department
X 108 (all POA Building Permits)
Environmental Manager
X 166
Facility Manager
X 136
Public Safety Manager
X 143
Roamingwood Office
570-698-6162
(Sewer & Water Systems)
Lake Township
570-698-0444
(Township Permits)
Salem Township
570-689-4663
(Site Inspections)
(Township Permits)
************************************************************
2015 Hideout Fee Schedule for Permits
APPLICATIONS for PERMIT Forms are available on the Hideout webpage.
The following are Non-Fee Permits:
Roofing, Paint/Staining, Vinyl/Wood Siding, Satellite (Dish) Antenna, Generator
The following require a Fee:
Additions
Deck (New)
Deck (Replacement)
Docks / Bulkhead
Driveway
Excavation/Demolition
Garages (attached)
Garages (detached)
Landscape (major)
NEW Home
$ 50
$ 50
$ 50
$ 50
$ 40
$ 30
$ 60
$ 60
$ 30
$ 500
Pet Enclosure/eFence
Porches/Sunrooms
Propane/Fuel Tank
Retaining Wall
Shed
Tree Removal
$ 10
$ 50
$ 15
$ 20
$ 40
$ 20
NEW Home Construction
Tree Removal
$3,000
(Refundable Fee)
GENERAL INDEX
Section I
PROTECTIVE COVENANTS
Hideout website http://www.hideoutassoc.com/ and search by above topic.
Section II
HIDEOUT BYLAWS
Hideout website http://www.hideoutassoc.com/ and search by above topic.
Section III
ENVIRONMENTAL CONTROL & PERMITS
Full text contained in this document.
Section III – A
TREE REMOVAL & REPLACEMENT PROGRAM
Section IV
CONSOLIDATED RULES & REGULATIONS
Hideout website http://www.hideoutassoc.com/ and search by above topic
Section V
BOARD RESOLUTIONS & the ECC (2005 – 2014)
HIDEOUT ECC MANUAL - SECTION 3
RULES AND REGULATIONS – PROPERTY IMPROVEMENTS
INDEX
SECTION A – DEFINITIONS
ASSOCIATION
BOARD
BYLAWS
COMMITTEE
COMMON AREAS
CONTRACTOR
DECLARANT
DECLARATION
DEVELOPMENT
EARTH SATELLITE SYSTEMS
FIRE PIT – CHIMENEA
GUEST
IMPROVEMENTS
LOT
MEMBER
MEMBER IN GOOD STANDING
MODEL HOME
OWNER
OPEN FIRE
PLAT
POLICY
SINGLE FAMILY DWELLING
SPEC HOMES
SUB – CONTRACTOR
TENANT
UTILITY LOT
PAGE
1
1
1
1
1
2
1
1
1
1
2, 18
1
1
1
2
2
2
2
2, 18
2
2
2
2
3
3
3
SECTION B – ENVIRONMENTAL CONTROL COMMITTEE
APPEALS
COMMITTEE MEMBERSHIP
CONFLICTS of RULES
DUTIES OF THE COMMITTEE
GENERAL POWERS OF THE COMMITTEE
HEARINGS
INDEMNIFICATION OF COMMITTEE MEMBERS
LIABILITY OF COMMITTEE
PERMIT FOR REPLACEMENT TYPE PROJECTS
PERMIT ISSUANCE
PERMIT PRIVILEGES
PERMIT RENEWAL
PLANS
4
3
3
3
3
4, 5
6
6
6
6
7
7
7, 8
SURVEY
VARIANCE
8
8, 9
SECTION C – GENERAL APPLICATION COMMON AREA
OWNERSHIP
9
SECTION D – GENERAL APPLICATION MEMBER LOTS
ACCESSORY BUILDINGS
ANIMALS
CHANGE OF OCCUPANCY
COLOR APPROVAL
COMPLETION OF CONSTRUCTION
CONTRACTORS HOURS
CULVERT PIPE INSTALLATION
DITCHES AND SWALES
DOCKS, PIERS, other structures on the lakes
DRILLING AND MINING
DRIVEWAYS
EARTH SATELLITE ANTENNAS & SATELLITE STATIONS
ENCLOSURE FOR PETS
ENVIRONMENTAL CONTROL
EXCAVATION & Demolition
EXCAVATION GUARDING/BLASTING
EXTERIOR COLORING
EXTERIOR SIDE AND TRIM
EXTERIOR DOORS AND WINDOWS
EXTERIOR DECKS AND PORCHES
EXTERIOR MATERIALS
FENCES
FIRE PIT or CHIMENEA
FUEL TANKS AND TRASH RECEPTACLES
GARAGES – detached
GENERATORS
GENERAL CLEAN-UP
LAWN FERTILIZER
LIGHTING
LOT MAINTENANCE
MODEL HOMES – RESTRICTION ON CONSTRUCTION
MODEL HOME PROCEDURE & REQUIREMENTS
RESTRICTIONS:
- NEW MODEL HOME CONSTRUCTION
- CONVERSION DWELLING TO/FROM A MODEL HOME
MOVING A BUILDING
OPEN FIRES
PAVEMENT PROTECTION
PAVEMENT – Vehicle Weight Limit
PET CONTROL
10
10
10
10
10
10
10
10
11
11
11, 12
13
14
15
15
15
15
15
15
15
15
16
16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
19
14
PROPANE TANKS
PROTECTIVE BARRIERS
REMOVAL OF BUILDING
RE-SUBDIVISION
ROAD DAMAGE COMPENSATION
SEWAGE DISPOSAL
SIGNAGE ON VEHICLE
SIGNS
SWIMMING POOLS
TEMPORARY STRUCTURE RESTRICTIONS
TREE REMOVAL
TREE REPLACEMENT
UNSAFE BUILDING
USED BUILDINGS
WATER SYSTEM
WETLANDS
19, 20
21
21
21
21
21
21
21
22
22
22, 29 - 35
32 - 33
22
23
23
23
SECTION E – LAND USE
ENVIRONMENTAL BEAUTY
ENVIRONMENTAL BEAUTY – FIREWOOD
FLOOR AREA REQUIRED
RESIDENTIAL LOTS
24
24
24
25
SECTION F – PROVISIONS WITH RESPECT TO LAKES & LOTS
DECLARANT NON-RESPONSIBILITY FOR DAMAGES
OWNERSHIP OF LAKE FRONT LOTS
25
25
SECTION G – EASEMENTS
JOINER OF LOTS
LIABILITY FOR USE OF EASEMENTS
RESERVATIONS
USE OF MAINTENANCE BY OWNERS
25
25
25, 26
26
SECTION H – PURPOSE, DUTIES AND POWERS OF THE HIDEOUT POA
DUTIES
PURPOSES
26
26
SECTION I – MEMBER ACCEPTANCE AND OBLIGATIONS
GRANTEE’S ACCEPTANCE SUBJECT TO DECLARATION
OBLIGATION
PROCEDURAL AND INSURANCE REQUIREMENTS
27
27
28
CONTENTS OF THIS MANUAL ARE SUBJECT TO REVIEW, EDIT, OR DELETION
ON AN ANNUAL SCHEDULE OR AS DEEMED NECESSARY.
0
SECTION III - ENVIRONMENTAL CONTROL
SECTION A – Definitions
“Association” - means The Association of Property Owners of The Hideout, Inc., a Pennsylvania
not-for-profit corporation. (PC 1a 5/11/70)
“Board” - means the Board of Directors of the Association. (PC 1b 5/11/70)
“By-Laws” - means the By-Laws of the Association. (PC 1c 5/11/70)
“Committee” - means the Environmental Control Committee. (PC 1d 5/11/70)
“Common Areas” means:
1)
all streets, lakes, parks, recreational and community facilities and all other areas in the
Development not subdivided into Lots, except the areas designated as Tracts 1, 4, 5, 8,
13, 22, 22a, 25, 26, 26a, and 33 on the Plat and all water and sewer lines, mains and
equipment at any time installed in any street in the Development;
2)
all real property which may be designated by Declarant as Common areas in any map or
instrument (including any instrument of conveyance from Declarant to the Association)
hereafter recorded; and
3)
All real property acquired by the Association, whether acquired from Declarant or
otherwise.
(PC 1e 5/11/70)
“Declarant” means Boise Cascade Recreation Communities, or its successors. (PC 1f 5/11/70)
“Declaration” means this Declaration of Protective Covenants and any amendments hereto. (PC 1g
5/11/70)
“Development” means all of the real property known as The Hideout, a subdivision, situated in the
Townships of Lake and Salem, Wayne County, Pennsylvania, as the same is referred to in the
Declaration of Protective Covenants, which is duly recorded in the Recorder of Deeds Office in and
for Wayne County, Pennsylvania. (BL Article II Section 1h 12/29/79)
“Earth satellite antenna” - shall mean an apparatus capable of receiving communications from a
transmitter or a transmitter relay located in planetary orbit.
“Earth Satellite Station” - shall mean an apparatus capable of transmitting communications to a
satellite in a planetary orbit or functioning as a relay transmitter. (ECCR Section 1611 06/30/98)
“Guest” means all spouses, dependent children and legal dependents of Class B & C Associate
Members; invitees of: (a) Members, (b) Class A Associate Members and (c) Tenants. The use of
any particular genders herein shall be deemed to include all genders. (BL Article II Section 1n
10/6/91)
“Improvements” means all buildings, outbuildings, roads, driveways, parking areas, fences,
retaining walls and other walls, docks, piers, hedges or other plantings, poles, and any other
structures of any type or kind. (PC 1h 5/11/70)
“Lot” means any numbered lot shown on the Plat. “Residential Lot” means any Lot except a Utility
Lot. (PC 1i 5/11/70)
1
“Member” - those persons having membership rights in the Association in accordance with the
provisions of these By-Laws. (BL Article II Section 1k 12/29/79.
“Member in Good Standing” means a member who has not defaulted on any financial obligations
to the Association for all lots owned and has not breached any other obligations under the
community legal documents. (BL Article II Section 1o 3/31/04)
“Model Home” A “model home” for purposes of this Manual is defined as a single family
residential dwelling, as said dwelling is defined in Section 1. L of the Declaration of Protective
Covenants, erected or constructed only by an authorized general building contractor on a lot or lots
in the Hideout Development, which is intended as a business office for demonstration and/or
showroom purposes as a style of design, or quality of construction or type of dwelling that shall be
available for construction, erection or sale to owners or prospective lot owners at the Hideout.
(ECCR Section 201 01/23/99)
“Open Fire” is defined as any fire within which the products of combustion are emitted into the
open air and are not directed through a stack or chimney BOD 14-42
“Owner” means:
1) Any person, including Declarant, who holds fee title to a Lot or an undivided interest in fee
title to a Lot; or
2) Any person who has contracted to purchase fee title to a Lot or an undivided interest fee title
to a Lot, under a written agreement, in which case the seller under said agreement shall
cease to be the “Owner” while said agreement is in effect; or
3) Any lessee of a Lot under a recorded lease from the owner of fee title to said Lot for a term
of not less than 50 years, in which case the lessor under said lease shall cease to be the
“Owner” while said lease is in effect. (PC 1j 5/11/70)
“Plat” means the maps of Sections 1 through 22 of the Development recorded April 9, 1970 and
May 11, 1970 in the Office of the Recorder of Deeds of Wayne County, Pennsylvania in Plat Book
5, pages 26 through 68, and such revisions thereof as made from time to time to be filed in said
office by Declarant as amended. (PC 1k 5/11/70)
“Policy” refers to the written regulations or course of conduct adopted and followed by the Board
of Directors in the governing and operation of The Hideout. (BL Article II Section 1f 12/29/79)
“Single-Family Dwelling” means a residential dwelling for one or more persons, each related to
the other by blood, marriage or legal adoption, or a group of not more than 3 persons not so related,
together with his or her domestic servants, maintaining a common household in such dwelling.
(PC 1l 5/11/70)
“Spec Homes” – Spec Homes shall not be considered Model Homes. Spec Homes shall be defined
as a single family dwelling constructed by any authorized general building contractor for the
exclusive intent of sale once construction is complete. Furnishings and appliances shall not be
permitted to be installed in Spec Homes until such time as the buyers obtain ownership of the
dwelling. (ECCR Section 201 01/23/99)
“Contractor” for purposes of this Manual shall mean any person, firm or corporation who pursues
the occupation or business of general building construction and who contracts to render services and
supplies for others in the erection and construction of buildings. (ECCR Section 201 01/23/99)
2
“Subcontractor” for purposes of this Manual shall mean any person, firm or corporation who is
not engaged in the general construction business but who normally subcontracts for specific work to
a general contractor for the specific mechanical discipline to a building, including but not limited to
electrical, plumbing, heating, etc. (ECCR Section 201 01/29/99)
“Tenant” means a person or persons entering into a lease of a private home of a member. One
couple and dependents, OR not more that three unrelated adults, are considered “renters” for
amenity use purposes. All others are considered “guests of renters”. (BL Article II Section II
12/29/79)
“Utility Lot” means a Lot designated as Nos. 16, 17, 18, 107, 108, 575, 576, 811, 839, 840, 1155,
1156, 1157, 1320, 1321, 1551, 1723, 2028, 2052, 2053, 2309, 2310, or 2311 on the Plat so long as
the Owner of such Lot is Declarant or a utility company serving the Development.
(PC Amendment 1/15/74)
SECTION B – The Environmental Control Committee
“Committee Membership” - The Committee shall be composed of three members appointed by
Declarant. Committee members may be removed by Declarant. Vacancies shall be filled by
Declarant, or if Declarant fails to do so within two months, by the Board. When 90% of the Lots
have been sold by Declarant, the Board may thereafter appoint and remove Committee members.
(PC 6B 5/11/70)(BOD 11-27)
“Conflicts” – This manual is not written to conflict with the Protective Covenants of the Hideout,
Inc. Any conflict shall be decided upon by the Board of Directors of the Hideout, Inc.
(ECCR Section 1700 01/01/75)
“Duties of the Committee” – The Committee shall act within 30 days after all required information
has been submitted. The Committee shall retain one copy of submitted material and return the other
copy. All notices to applicants shall be in writing. Any disapproval shall specify the reason therefor.
The approval of the Committee of plans and specifications shall not be a waiver by the Committee
of its right to object to any of the features or elements contained in any subsequent plans or
specifications submitted for approval. The Committee may inspect work being performed to assure
compliance with this Declaration and the Committee’s rules. Failure of the Committee to act upon
an application within 30 days shall constitute approval of the application. At any time prior to the
completion of construction of an improvement, the Committee may require a certification of the
Contractor, the Owner, or a licensed surveyor, that such improvement does not violate any setback
rule, ordinance or statue or encroach upon any easement or right -of –way of record. Such
certification shall be delivered to the Committee with in 10 days after completion of such
improvement. The Committee shall adopt written rules governing its procedures. (PC 6C 5/11/70)
“General Powers of the Committee”
1)
Power to Approve Plans. No improvement may be constructed on any lot without the
prior written approval of the Committee. Such approval shall be granted only upon
written application in the manner and form prescribed by the Committee, accompanied
by two sets of plans and specifications for such improvement. The application shall
show the location of all improvements existing upon said Lot, the location of the
improvement proposed to be constructed, the color and composition of all exterior
3
materials to be used, any proposed landscaping, and any other information which the
Committee may require.
2)
Power of Disapproval. The Committee may disapprove any application:
• Which does not comply with this Declaration; or
• Because of reasonable dissatisfaction with grading plans, location of the proposed
improvement on a Lot, finished ground elevation, color scheme, finish, design,
proportions, architecture, shape, height or style of the proposed improvement, the
materials used therein, the, pitch or type of roof proposed to be place thereon; or
• If, in the judgment of the Committee reasonably exercised, the proposed
improvement will be inharmonious with the Development, or with the improvements
erected on other lots.
3)
Power to Grant Variances. The Committee may allow reasonable variances from the
provision of this Declaration if literal application thereof results in unnecessary hardship,
if such variance is in conformity with the general intent of this Declaration, and if the
granting of such variance will not be materially detrimental or injurious to the Owners of
other Lots, provided that the Committee shall not permit any travel trailer or tent to be
placed or erected on any Lot or permit any overnight camping on any Lot.
4)
Power to Charge Fees. The Committee may require a reasonable filing fee to accompany
each submission of plans and specifications. (PC 6A 5/11/70)
“Appeals” - any owner shall have the right to appeal to the Board from any adverse decision of the
Committee within 30 days after the giving of notice of disapproval, and the Board shall have
authority to confirm, reverse or modify the decision of the Committee. (PC 6E 5/11/70)
All Appeals to the Board shall be in writing on forms prescribed by the Board. Every Appeal or
application shall be signed by the Appellant and shall include the following:
1)
The name and address of Applicant or Appellant
2)
The name(s) and address(s) of the Owner(s) of the property affected by the decision or order
3)
A brief statement of the reasons for which the Appeal and the Section of the Building Code
under which the Appeal is made and the reasons why it should be granted.
Upon filing an Appeal to the Board, the Board shall fix a time and place for a public hearing thereof
and shall give written notice to the Appellant and other interested parties, who shall have registered
their name(s) and address(s) for these purposes with the Board. The notices shall be posted in the
Administration building of the Hideout upon instructions from the Board and shall state the location
of the building or lot in question and the general nature of the question involved.
The Board shall render a decision within thirty (30) days from the hearing thereof and shall
promptly notify the Applicant or Appellant and other interested parties of the nature of the decision.
Any order of the Board not appealed to the proper Court of Common Pleas in Jurisdiction within
thirty (30) days shall be final and binding on all parties. (ECCR Section 103 4/20/83)
“Hearings”
When the Committee determines that a hearing is to be held, it shall be conducted in accordance
with the following requirements:
4
1)
2)
3)
4)
5)
6)
7)
8)
9)
Notice shall be given to the Owner applicant, the Owner’s Agent, if any, the adjacent
Owners, such other persons as the Committee shall designate, and to any Owner who
had made timely request for the same. The Committee may establish reasonable fees,
based on cost, to be paid by the Owner applicant.
The hearings shall be conducted by the Committee. The decision, or where no decision
is called for, findings shall be made by the Committee.
The parties to the hearing shall be the Association, and Owner affected by the
application who has made timely appearance of record before the Committee, and any
other person(s) permitted to appear by the Committee. The Committee shall have power
to require that all persons who wish to be considered parties enter appearances in writing
on forms provided by the Committee for that purpose.
The parties shall have the right to be represented by counsel and shall be afforded the
opportunity to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious
evidence may be excluded by the Committee.
The Committee shall tape record or shall keep a stenographic record of the proceedings
and a transcript of the proceedings and copies of the graphic or written material received
in evidence shall be made available to any party at cost.
The Committee shall not communicate, directly or indirectly, with any party or his
representatives in connection with any issue involved except upon notice and
opportunity for all parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials unless the parties are afforded an
opportunity to contest the material so noticed; and shall not inspect the site or its
surroundings after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
The Committee shall render a written decision or, when no decision is called for, make
written findings on the application within forty-five days after the last hearing before the
Committee. Where the application is contested or denied, each decision shall be
accompanied by findings of fact and conclusions based thereon, together with the
reasons therefore. Conclusions based on any provision of the Building Code or of the
Declaration shall contain a reference to the provision relied on and the reasons why the
conclusion is deemed appropriate in the light of the facts found. Where the Committee
fails to render a decision within the period required by this subsection, or fails to hold
the required hearing within sixty days from the date of the Owner applicant’s request for
a hearing, the decision shall be deemed to have been rendered in favor of the Owner
applicant unless the Owner applicant has agreed in writing to an extension of time.
When a decision has been rendered in favor of the applicant because of the failure of the
Committee to meet or render a decision within ten (10) days in the same manner as
provided in Subsection #1 of this section. Nothing in this subsection shall prejudice the
right of any party opposing the application to contend that such decision is erroneous.
A copy of the final decision or, where no decision is called for, of the findings shall be
delivered to the Owner applicant personally or mailed to him not later than the day
following its date. To all other persons who have filed their name and address with the
Committee not later than the last day of the hearing, the Committee shall provide by
mail or otherwise, brief notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined. (ECCR Section 104 4/20/83)
5
“Indemnification of Committee Members” – The Association shall indemnify any member of a
Board-Sanctioned committee who was, or is, a party, or is threatened to be made a party, to any
threatened, pending or completed action, suit or other proceeding arising from their membership on
the committee. This indemnification shall include all expenses (including attorney’s fees), monetary
penalties and damages (including settlements arising from such action), unless (BL Article XVI
Section 3 3/31/04)
1) The behavior which gave rise to such action is deemed by the Board to constitute selfdealing, willful misconduct, or recklessness, OR (BL Article XVI Section 3a 3/31/04)
2) Applicable laws expressly prohibit such indemnification. (BL Article XVI 3b, 3/31/04)
“Liability of Committee” – Neither the Committee, the Declarant, the Association, nor any person
acting on behalf of any of them shall be responsible in any way for any defects in plans or
specifications or other material submitted to the Committee, nor for any defects in any work done.
(PC 6D 5/11/70)
“Permit for Replacement Type Projects” – A no fee permit will be required for replacement type
projects overseen by the ECC. (BDR 6/6/09) (i.e. re-roof - vinyl siding - windows)
“Permit Issuance” – All persons desiring to undertake any new construction, structural alteration
or changes in the use of a building or lot, shall apply to the ECC for a permit by filling out the
appropriate forms and submit the required fee, if any. Except where permits are not required in the
rules, it shall be a violation of the rules or the Declaration for any person, firm or corporation to
proceed with the erection, alteration, enlargement, demolition, or movement of a building, structure,
or other improvements unless an appropriate application for a permit shall have been made and a
permit granted. In cases where permits are required for any of the above mentioned
construction, by either township, county, state or other agencies in jurisdiction, those permits
shall also be obtained and copies provided when the Application for a Permit within the
Hideout is made. (ECCR Section 115 3/17/91)
No building permit will be issued if member is not current on dues and assessments on all properties
owned. (BDR 5/18/03)
All permits issued by the Hideout POA shall be a revocable license. Upon members’ failure to
remain in good standing, all permits shall be revoked. The Public Works Director shall be
authorized to extend the permit in such instances where revoking said permit shall constitute an
imminent damage to the membership or to repair damage to the property. (BDR 4/9/05)
All necessary permits, including municipal, sewer connection and otherwise, shall first be obtained
and presented with the application and appropriate filing fees to the Hideout POA for ECC’s
approval for a Building Permit. (ECCR Section 113 3/2/88)
u NOTE:
Do NOT start work until you have an approved Permit. Any lot improvement performed
without securing the proper Permit will result in the Lot Owner being assessed a non-refundable
$250 fine. A non-refundable fine of $500 will be assessed for a second violation.
(BDR 9/29/2012)(BDR 13-28)
PERMIT MUST BE POSTED ON SITE ON YOUR EMERGENCY SIGN POST.
UPON COMPLETION – SIGN PERMIT (on Bottom) & RETURN to POA Office
6
“Permit Privileges” – Once a Construction Permit is granted, it shall not entitle the builder to
install and maintain at the site during construction a temporary shed, construction trailer or other
like equipment in the building trades. (ECCR Section 120 4/20/93)
No burning is allowed in the Hideout. It will be the responsibility of each contractor to either install
a dumpster on each construction site or to have debris removed prior to Saturday on a weekly basis.
Each site is to be kept clean and orderly at all times. Sites will be inspected continually, and any
infractions to this regulation will result in a stop work order. POA dumpsters are not to be used for
construction debris of any kind. (ECCR Section 120 4/20/83)
“Permit Renewal” – Effective July 1, 2009 a member is allowed to apply for an extension of one
additional six month period without a renewal fee on any normal ECC six month permit. If the work
is not completed after the extension period, an additional permit application with appropriate fee
paid must be submitted and a new permit obtained. In addition a no fee permit will be required for
replacement type projects overseen by the ECC. (BDR 6/6/09)
u NOTE:
Amend Board Resolution 14-12 - MOTION RESOLVED THAT Board Resolution 09-23 be
Amended to add “The Lot Owner must provide in writing a reason(s) for financial and/or other
related hardship that precludes them from completing the building within the 1-year time frame.
A.
Construction/site work not completed after year: A new permit application fee of $500.00
B.
Construction/site work not completed after one and one-half (1 ½) years: $500. 00
permit application fee for 6-month extension.
C.
Construction/site work not completed after two years (2): $1,500 permit application fee for
6 month extension.
D.
No extension options after two and one-half years (2 ½). The Hideout may seek advice from
legal counsel.
(BDR 14-17; 2014)
u NOTE:
“Effective immediately, any lot improvement performed without securing the proper permit
will result in the homeowner being assessed a non-refundable $250 fine. A non-refundable fine
of $500 will be assessed for a second violation.” (BOD 9/29/2012)
u NOTE:
ECC Code Enforcement – A third Fine shall be issued by Public Safety in the amount of $500 to a
Lot Owner who is still in non-compliance after 60 days. Should the matter be resolved after 60 days
and prior to 90 days then the 3rd Non-Refundable fine of $500 shall be rescinded by Public Safety.
However, the earlier two (2) ECC fines issued by Public Safety must still be paid in full. (BDR 1414; 2014)
“Plans” – An application for a permit shall be submitted to the ECC on a form supplied by them
and shall be accompanied by two sets of plans and full specifications setting forth the extent and
character of the work. (ECCR Section 116 3/17/91)
The plans and specifications shall have attached: a plot plan drawn to scale showing the size and
location of the lot, the proposed building, decks, stairs, chimneys and other exterior structural
members in their proposed location and their exact relation to the lot and street lines. If there is to
be more than a three (3) foot change in grade on the lot due to the construction of the improvement,
then a grading plan showing the existing grade of the lot, any existing drainage features on the lot,
the proposed finished grade of the lot, and the proposed foundation grade of the improvement to be
7
erected; shall also be submitted. The survey plot shall be prepared and certified by and under the
seal of a licensed land surveyor of the Commonwealth of Pennsylvania. (ECCR Section 116
3/17/91)
Upon the approval of the plans and specifications one approved set of plans shall be accessible at all
times to the ECC. No change shall be made in the approved plans or specifications without the
approval of the ECC. No preliminary rough sketches, incomplete or photo copies of stock sketches
will be accepted. (ECCR Section 116 3/17/91)
All drawings and blueprints shall be for each particular site and shall note, but not be limited to the
following:
Elevation Drawings of the four (4) sides.
1) Foundation depth and section of same including section of foundation of all entrances at
finish grade level.
2) Decks and foundation for same.
3) Chimney foundations as well as cross section of chimney construction and height of same
above the roof.
4) Proposed finish grade at foundation and a minimum of ten (10) feet adjacent thereto.
5) Grade lines are to be initialed and dated.
Each plan must completely identify the lot’s location, the owner and builder’s name and full address
and the name of the Engineer, Architect or Draftsman (initials) who prepared each drawing.
Drawings shall be ¼” scale. (ECCR Section 116 3/17/91)
Once a permit is obtained and the applicant desires to alter or deviate from the terms of the
application, plans or specifications submitted at the time of securing the permit, the applicant shall
notify the ECC of said changes or modified plans and specifications and file such modified plans
and specifications with the ECC and obtain written approval before the changes or modifications
are implemented. Failure by the contractor to obtain written approval is a failure to comply with the
Rules and Regulations.
Any changes or modifications considered to be “minor” by the contractor shall be approved by the
ECC as a matter of record without revision to said drawings. (ECCR Section 118 5/1/94)
“SURVEY” – ALL construction will require three (3) Survey stages to be performed by a licensed
surveyor: (1) Plot Plan showing proposed site and improvement(s), (2) Survey when footers are
poured and/or piers are in place to verify location complaint to set-back rules, (3) “As-Built” survey
for final approval; ALSO to be included are: (a) Survey shall include altitude/elevations at all
property corner markers, and (b) altitude/elevation of all corners of the proposed residence, (c)
These elevations are required for ALL new construction activity. (ECCR Section 108-A 4/1/93)
(BDR 14-60; 2014)
“Variance” – A “Variance” may be described as the Environmental Control Committee’s
authorized departures to a minor degree from the text of these rules or the Declaration in direct
regard to a hardship peculiar to an individual lot in accordance with the procedures set forth in this
code.
The Committee may allow reasonable variances from the provisions of these rules or the
Declaration if literal application thereof results in unnecessary hardship, if such variance is in
conformity with the general intent of these rules, or the Declaration, and if the granting of such
8
variance will not be materially detrimental or injurious to the Owners of other Lots. The Committee
may grant a variance provided the following findings are made where relevant in a given case:
1) That there are unique physical circumstances or conditions, including irregularity,
narrowness or shallowness of lot size or shape, exceptional topographical or other physical
conditions peculiar to the particular property, and that the unnecessary hardship is due to
such conditions, and not the circumstances or conditions generally created by the provisions
of these rules or the Declaration in the Hideout;
2) That because of such physical circumstances or conditions, there is no possibility that the
property can be developed in strict conformity with the provisions of these rules or the
Declaration and that the authorization of a variance is therefore necessary to enable the
reasonable use of the property;
3) That such unnecessary hardship has not been created by the Owner or Owner’s Agent;
4) That the variance, if authorized, will not alter the essential character of the Hideout, nor
substantially or permanently impair the appropriate use of development of adjacent property,
and that the variance, if authorized will represent the minimum variance that will afford
relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Committee may attach such reasonable conditions and safeguards as it
may deem necessary to implement the purposes of these rules or the Declaration. (ECCR Section
104 4/20/83)
The Committee shall make decisions and/or conduct hearings on a written variance application in
accordance with the following requirements:
1) Variances shall be considered at regularly scheduled meetings of the Committee where it
will be decided if they are of such a nature to be considered at that time or if a Hearing
should be held. (ECCR Section 104 4/20/83)
SECTION C – GENERAL APPLICATION - COMMON AREAS
“Ownership” – All Common Areas are private property and shall remain private property.
Declarant’s execution and recording of the Plat shall not be construed as a dedication to the
public of any of the license upon such terms and conditions as Declarant shall from time to time
specify for the use or enjoyment of each of the Common Areas is granted to the persons who are
from time to time members or associate members of the Association. Declarant shall convey the
Common Areas to the Association not later than December 31, 1976, and Declarant shall have
the right to convey all or any part of the Common Areas to the Association at any time prior to
said date. On the date of said conveyance, the Common Areas, or part thereof conveyed, shall
be subject to liens for taxes not then delinquent, such easements and rights-of-way as then
appear of record and such other matters of record as Declarant may at the time of such
conveyance deem appropriate and proper. Said conveyance shall be made by deed which shall
be deemed delivered for all purposes upon Declarant’s recording thereof in the Office of the
Recorder of Deeds of Wayne County, Pennsylvania. Upon conveyance of all the Common
Areas to the Association, all rights, powers, privileges and immunities of Declarant, as such,
shall vest in the Association. (PC 3A 5/11/70)
9
SECTION D – GENERAL APPLICATION MEMBER LOTS
“Accessory Buildings” – No garage or shed shall be built on any Residential Lot before a
dwelling is built on that Lot. No garage, shed, temporary building, or partially completed
building shall be used for human habitation. (PC 2A 5/11/70)
“Animals” – No animals shall be kept on any Lot except the usual household pets. Household
pets shall be kept reasonably confined so as not to become a nuisance. (PC 2L 5/11/70)
“Change of Occupancy” - It shall be a violation of the Rules and Declaration for any person,
firm or corporation to change the nature of occupancy from a single-family residential dwelling
as defined in Section 1l of the Declaration. (ECCR Section 131 5/1/94)
“Color Approval” – Colors on the master list on file at the POA Office are automatically
accepted for paint color approval. If the color is not listed on the file then it must go through the
normal ECC procedures for approval. (BDR 7/12/03). THIS INCLUDES VINYL AND WOOD
SIDING, ALL TRIM WORK, and any EXTERIOR STRUCTURES.
“Completion of Construction” – Every improvement, once begun, shall be completed within
six (6) months. Improvements not completed with six (6) months, improvements on which
construction has been interrupted for ninety (90) days, and improvements partially or totally
destroyed and not rebuilt within six (6) months shall be deemed a nuisance. Declarant may
remove any such nuisance or repair or complete the same, at the cost of the Owner. (PC 2C
5/11/70)
“Contractor’s Hours” – Improvement Contractors will be limited in any noise making
operations relative to construction or repairs as follows: Monday through Friday, between the
hours of 7:00 AM and 5:00 PM; Saturday, 9:00 AM to 5:00 PM; and Sunday ONLY and with
exception of an emergency and with the permission of the Environmental Control Committee.
Improvement Contractors are prohibited from working in the Hideout on the following Holidays:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
(ECCR Section 1711 10/18/96) Motion #99-66
“Culvert Pipe Installation” – In compliance with the Declaration of Protective Covenants of
the Hideout, Section 2U Ditches and Swales. Each owner shall keep drainage ditches and swales
located on his/her lot free and unobstructed and in good repair and shall provide for the
installation of such culvert upon his/her lot as may be reasonably required by the Committee. It
shall be mandatory that a culvert pipe, twelve (12) inches minimum diameter and of a material
suitable for such construction, be installed for all improvements requiring vehicle or equipment
access onto the lot. If a question to feasibility or need of said culvert exists, a request for an
alternate solution shall be submitted in writing to the Committee. (ECCR Section 1605
05/09/83)
“Ditches and Swales” – Each Owner shall keep drainage ditches and swales located on his Lot
free and unobstructed and in good repair and shall provide for the installation of such culverts
upon his Lot as may be reasonably required by the Committee. (PC 2U 5/11/70)
10
“Docks, Piers, Etc.” – No pier, dock or other structure shall extend more than 15 feet into any
lake. No pier, dock or other structure shall be built without prior written permission of the
Committee, which permission shall be a revocable license. (PC 2T 5/11/70)
Dock materials shall be made of pressure treated lumber, California Redwood, Cedar,
Aluminum or Poly Vinyl Chloride (PVC). Wood decking shall be not less than 5/4 inch nominal
thickness. Aluminum decking shall have a non-skid surface and be manufactured with a ultraviolet ray inhibitor protectant. Aluminum and PVC decking shall be consistent with earth tone
colors. White or similar colors are not acceptable. All metal frame materials shall be aluminum
or stainless steel.
Wooden docks shall be securely chained to a metal pipe no less than one (1) inch in diameter
driven into the ground at least six (6) feet and two (2) feet from the water line at the edge of the
lake. The chain is to have links a minimum of ¼ inch in thickness. Aluminum and PVC docks
shall be secured in conformance with manufacturer’s specifications. Wherever possible,
Styrofoam floats shall be encapsulated. Maintenance work consisting of sanding, painting or
staining shall be performed far enough inland where toxic chemicals associated with such work
will not be introduced to the marine life. All docks, decks, and other structures installed at the
lake’s edge must have Department of Environmental Protection (DEP) approval. (ECCR
Section 1705 01/01/96)
“Drilling and Mining” – No drilling, refining, quarrying or mining operation of any kind shall
be permitted on any Residential Lot. (PC 2W 5/11/70)
“Driveways” – All driveways shall be constructed so as not to impair drainage within the rightof-way, alter the stability of the improved area or change the drainage of adjacent areas. No
increase in the flow of water onto the roadway or right-of-way or onto the property of another
will be permitted.
SEE DRIVEWAY DIAGRAM NEXT PAGE
11
DIAGRAM OF REVERSE SLOPE (for reference)
Where a drainage ditch or swale exists, the owner or contractor shall install an adequate pipe
under the driveway. Drainage pipe installed under driveways shall be at 12 inches in diameter.
Drainage pipes shall be installed so that the grade requirements are met so that the water will
flow freely through the pipe.
The side slopes for driveway embankments within the right-of-way shall not be steeper than ten
to one. (ECCR Section 1609 1/1/86)
Any driveway constructed parallel to a side lot line shall be at least five (5) feet from such
adjacent line at any point.
Adjacent trees are to be protected against damage during construction. Trees accidentally
stripped of bark shall be coated with proper tree dressing.
Driveways are to be constructed without hazards, and surfaces shall be of material such as rock
shale or stones, with minimum obstruction to the natural flow of surface water.
An approved type twelve (12) inch minimum culvert shall be installed beneath a driveway
where it crosses the road shoulder and drainage ditch beside the roadway. Where the site
conditions make it obvious a culvert would be of not particular benefit, the Inspector shall, using
his technical knowledge and judgment, accept a suitable substitute such as a swale or equal.
In accordance with the Declaration of Protective Covenants for the Hideout, Section 4iii
Setbacks, ALL improvements of a permanent nature shall abide by all setbacks set forth in this
aforementioned section unless otherwise determined by the Committee. (ECCR Section 1604
05/01/89)
12
u NOTE:
Satellite Antenna installations are limited to a maximum diameter size of one (1) meter or
39.37 inches. Any installations larger than the above must be reviewed and receive an
approved variance from the Environmental Control Committee.
EARTH SATELLITE ANTENNAS (this includes digital dish antennas):
Definition: “Earth satellite antenna” - shall mean an apparatus capable of receiving
communications from a transmitter or a transmitter relay located in planetary orbit.
Rules for Installation:
1. Where possible mount the antenna to existing dwelling.
2. If not possible mount antenna on a mast or pole, locating the installation site as
discretely as possible.
3. Do not install antenna in the road right of way. This prevents damage due to
snowplowing or road maintenance activity.
4. Removal of trees 3 inches or more in diameter must be approved by the Hideout
Environmental Manager or assigned delegate.
5. All installations must comply with the Federal Communications Commissions (FCC)
rules and regulations.
6. The Hideout POA does not assume responsibility or liability for proper use or damage
resulting from or to this equipment.
“Earth Satellite Antennas”
Earth Satellite Antennas: In order to maintain an informal environment, satellite antennas shall
not exceed 39 inches in diameter. Satellite antennas shall be affixed to the dwelling or roof
surface. Dish or satellite antennas shall be installed and grounded per manufactures
specifications. (The chimney will be considered part of the dwelling).
In cases where a pole or mast is recommended in order to achieve proper line of sight, the
applicant must apply for a variance. The variance shall include a line of sight survey, description
of pole or mast including location, diameter, height and dish securing method. Tree removal if
applicable must be approved prior to installation. The ECC shall be notified upon installation
completion and a final inspection conducted.
All Satellite Dish installations must comply with Federal Communications Commissions (FCC)
Regulations and Restrictions. (ECCR Section 1611 06/30/98)
EARTH SATELLITE STATIONS:
Definition: “Earth Satellite Station” - shall mean an apparatus capable of transmitting to a
satellite in a planetary orbit or functioning as a relay transmitter.
(ECCR Section 1611 06/30/98)
Rules for Installation:
These installations are not permitted in the Hideout without specific approval of the
Environmental Control Committee
“Earth Satellite Stations” – No earth satellite stations shall be permitted to be erected in the
Hideout, either affixed to a permanent location or on a portable or movable device. Except as
approved by the Environmental Control Committee. (ECCR Section 1611 06/30/88)
13
“Enclosure for Pets” – An enclosure for pets is allowed to be constructed in the rear of the
house, in a spot out of sight from the roadway. The enclosure is to be made of wood or of a
vinyl clad chain link type material and a maximum size of six (6) feet by twenty (20) feet. The
height of the structure will be determined by the ECC. All construction of such enclosures will
need Environmental Control Committee approval. (ECCR Section 17 1710 04/15/88)
ELECTRIC FENCE REGULATIONS (BDR 09/27/14)
On September 27, 2014, the POA Board of Directors approved the following committee
meeting request (CMR), which was submitted by the Public Safety Committee:
#14-46 RESOLVED TO “the use of invisible electric fencing which will constitute compliance
with the Hideout’s Rules & Regulations and its use will be considered as having a pet under
control. The Public Safety Committee is recommending that members installing an invisible
electric fence must first obtain a no-fee Permit from the POA which will insure proper setbacks
and signage. Property setbacks are established as 25 feet from the front and 5 feet from the sides
and back property lines.”
u NOTE:
This resolution offers an alternative to the current mandatory leash or tether ruling for all dogs,
or the use of a pet enclosure cage. Your pet must be under the control of its owner and not
permitted to run free and uncontrolled on any community or across residential lots within the
Hideout. Also, under the Hideout Rules & Regulations, Section D4 & D5:
D4. Pets must be licensed, inoculated, leashed and kept under owner’s control at all times.
4a. Dogs may be off leash when at the Dog Park Amenity.
4b. To use the Dog Park Amenity, dogs must be registered annually.
D5. It is the responsibility of the pet owner to clean up & remove animal excrement of their pet.
The term "pet containment system" might be anything that confines a pet to a certain territory,
but usually is an electrical device such as an electronic fence or electronic collar. These devices
defined in ordinances as a fence or a collar that controls the movement of a dog by emitting an
electrical shock when the animal wearing the collar nears the boundary of the owner's, keeper's
or harborer's property. The collar may be controlled manually by a person or automatically in a
predetermined manner. The shock is intended as a warning and, depending on the type of
system and the settings used by the owner, possibly a punishment.
Dogs may be confined to the premises of the residential property of their owner, keeper or
harborer by an electronic fence or an electronic collar. Dogs confined to residential property, by
an electronic fence or an electronic collar, shall not be permitted to be nearer than 5 feet away
from any property line that is contiguous to neighboring property. No dog having been found a
dangerous animal by an animal control officer shall be confined by an electronic fence or an
electronic collar. All owners, keepers or harborers of dogs who use an electronic fence shall
clearly post their property to indicate to the public that a dog is confined to the property by an
electronic fence or electronic collar. Electronic collars may not be used to control a dog when it
is off its owner's, keeper's or harborer's property.
Pet containment systems such as electronic fences do not prevent dog bites as well as ordinary
fences. Dogs get excited and run through the boundaries. Neighborhood children are particularly
at risk because the electrical systems do not prevent the kids from approaching the dog, and
mislead kids because of the dog's apparent good behavior (which in fact was caused by the
electronic fence).
14
“Environmental Control” – No stone, boulder, tree, shrub, or other landform or plant material
on a lot shall be painted, stained, or coated with manmade material or product (either transparent
or opaque) that would change that feature’s exterior appearance. Also no signs, lights, or any
objects shall be attached to trees. (ECCR Section 1607 09/21/87)
“Excavation Guarding/Blasting” – Excavations shall be properly guarded and protected to
prevent the same from becoming dangerous to life or limb and, where necessary, shall be sheetpiled and braced to prevent the adjoining earth from caving in by the person causing the
excavation to be made. If blasting is required, anyone within 1,000 feet is to be notified one
hour in advance and adequate protection provided against flying rock and debris. (ECCR
Section 902 02/22/87)
“Excavation / Demolition” - All earth disturbances, such as trenching, backfill, slope grading,
drainage systems, new or re-routing utility trenching, retaining walls, and significant landscape
development involving movement of stable ground be formally reviewed and regulated by
issuance of a Hideout permit. (BOD 14-61, 2014)
“Exterior Coloring” - Exterior Siding and Trim -Color chips and or samples for all dwellings
and accessory buildings requiring exterior staining, painting or vinyl siding installation shall be
submitted to the Environmental Control Committee for approval. An earth tone color scheme
shall set the standard for color approval. White or similar colors are unacceptable for siding and
trim. Trim shall be defined as:
1) casements and moldings for windows, doors, corners
2) soffits, fascia, gutters and leaders
3) vents and louvers
4) shutters and pediments
5) garage doors
(ECCR Section 1606 01/23/99)
“Exterior Doors and Windows” - White vinyl clad windows and doors are acceptable with
limitation. The exposed white portion of the window or door unit shall not exceed four (4)
inches in any one vertical or horizontal dimension. In case of windows, the sash and frame are
inclusive in this measurement. Fixed glass units, side lights and skylights shall meet the same
requirements. (ECCR Section 1606 01/23/99)
“Exterior Decks and Porches” – Exterior decks and porches shall be constructed of California
Redwood, Cedar or Pressure Treated Wood (PTW). Each end of all porch and deck joist must
have metal joist hangers or 5/4 x 3 ledger board supports on each end. Polyvinylchloride (PVC)
decking and railings are permissible. Deck planks shall have a slip resistant surface. Decking
and railing systems shall be secure to the decks understructure in accordance with the
manufacturer’s specifications. Material shall be consistent with earth tone shades. White or
similar colors are unacceptable. In no case shall wood piers be permitted in place of a
continuous masonry wall or masonry piers under any portion of a dwelling. Screened porches,
enclosed porches and open decks may be supported by girders or beams of adequate size to
meet load conditions and spans between piers. (ECCR Section 1704 06/30/98)
“Exterior Materials” – No metal structured, pre-fab, or mobile type homes will be permitted
on residential lots. Dwellings of stucco, plastic, metal or fiberglass exteriors are not permitted.
(ECCR Section 17 1707 08/01/96)
15
“Fences” – All property lines shall be kept free and open, and no fences, hedges or walls shall
be constructed except as permitted by the Committee. (PC 2B 5/11/70)
“Fuel Tanks and Trash Receptacles” – Every fuel storage tank on any Lot shall be either
buried below ground or screened to the satisfaction of the Committee. Every receptacle for
rubbish shall be underground or shall be so placed and kept as not to be visible from any street
or lake within the Development. (PC 2O 5/11/70)
u NOTE: SAFETY GUIDELINES FOR PROPANE TANKS
POA Homeowners who decide to install or replace a propane tank on their property need to be
aware of the new guidelines for such. The National Fire Protection Agency (NFPA) has
established a set of rules that govern the requirements for the clearance around propane tanks in
the NFPA 58 Liquefied Petroleum Gas Code. The size of the clearance radius will depend on
the type of installation and the size of the tank.
Vertical Tanks – The requirements for the clearance around vertical propane tanks less than 125
gallons depends on the location of ignition sources, venting windows and doors, and crawl
space openings. The tank itself may be placed against next to the house or building, but it has to
be at least ten (10) feet from any ignition source such as a water heater vent and three (3) feet
from any intake to direct-vent appliances, or window or door.
Horizontal Tanks – Horizontal tanks also referred to as “vessels”, come in three main sizes: 330,
550 and 1,000 gallons. The size of the vessel normally depends on the propane requirements and
the size of the structure using the fuel. The requirements for the clearance around the 330 and
the 550 gallon propane tanks are (1) at least ten (10) feet from any structure, (2) ten (10) feet
from the property line, (3) and ten (10) feet from any ignition source (this includes air
conditioner compressors). The 1,000 gallon propane tank requires at least twenty five (25) feet
of clearance from the structure, the property line, and any ignition sources.
Below you will find an illustration for installation of propane tanks.
In addition, any propane tank requires a proper support base to prevent contact with the earth.
Any installation will require a Hideout Permit. Your local propane dealer should be aware of all
the current regulations and installation requirements.
“Garages - Detached” – Detached garages shall be limited to single story construction.
Single story construction is defined as: Construction consisting of one (1) level. Measured by
the vertical distance from the top of the floor finish to the top of the ceiling joists or where there
is not a ceiling to the top of the roof rafters.
The construction of detached garages shall be limited to 600 square feet. The overall square
footage dimensions shall be measured from the exterior walls of the structure.
Where a garage is within ten (10) feet of a residence wall, the common wall and ceiling shall
pass a standard one hour fire test.
Human occupancy shall not be permitted in the garage and rooms used for human occupancy
shall be prohibited to be attached to or constructed above or below any detached garage or outbuilding. (ECCR Section 503 12/12/96)
“GENERATOR” - (Electrical - Residential Standby)
“A Hideout Building Permit is required for the installation/operation of any non-portable
residential whole house/stand-by electrical generator”. (BDR 14-15; 2014)
16
Generators should be located as near to the PPL electrical meter as possible. However, all
generators shall be located either on the sides or back of the house. Also, a tag or sign indicating
the home has a standby generator should be place near or on the PPL meter.
“General Clean-Up” – Property Owners/Building Contractors are to clean up the immediate
area after construction is completed. Hideout dumpsters are for household refuse only.
Contractors must not use Hideout dumpsters for construction debris. Perpetrators will be fined
for this violation and for any construction site not cleaned up before weekends. (ECCR Section
1708 05/01/94)
“Lot Maintenance” - the raking or blowing of leaves, grass clippings, twigs or any debris into
our lakes, streams or culverts is banned. This would be the property owner’s responsibility to
ensure self-compliance as well as for their guests, renters and any hired lawn maintenance
contractor. (BDR 08-17; 2008)
“Lawn Fertilizer” – Only fertilizers specially formulated for lawns on or near water shall be
used in the Hideout. The fertilizer shall contain slow release nitrogen and no phosphorus.
Application of the fertilizer shall be according to manufacturer’s recommendations and shall not
be applied during adverse conditions. No manure or other like materials shall be allowed.
(ECCR Section 1709 01/01/86)
u NOTE:
The use of all fertilizes and laundry detergents that contain phosphorus are banned in the
Hideout. This would be the property owners’ responsibility to ensure self-‐compliance as well as
for their guests, renters and any hired lawn maintenance contractor. (BDR 08-16, 2008)
“Lighting” – Any property lighting installed on home sites must be confined to illumination of
only the property in question. Sodium, mercury, porch lighting, pots, floods, driveway lighting
etc. must be installed with a type of shade or shield to confine the illumination toward the
ground only. No electrical wiring or fixtures shall be attached or secured to trees. All electrical
exterior wiring must be installed in conduit, underground or as approved by the National
Electrical code. (ECCR Section 1407A 05/01/89 & 1407A, revised (06-11))
“Model Homes – Restriction on Construction” – No building that is to be used as a model
home or exhibit house shall be built without the prior written permission of the Committee. (PC
2P 5/11/70)
“Model Home Procedure and Requirements concerned with Model Homes
Restrictions on New Model Home Construction”
1) As of the effective date of this code, undeveloped lots shall not be utilized for new
construction of model homes. (ECCR Section 201 01/29/99)
“Restrictions on Conversion of a Dwelling to, or from a Model Home”
1) A dwelling constructed for occupancy as or used as a private residence shall not then be
used as, or allowed to convert its use to, a Model Home. A Model Home, which has been
transferred for use as, or its use has been converted to, a private residence shall not then again
be used as a Model Home.
2) Model Homes shall be used as a showroom by general building contractors to inform the
public of the availability of their serves for the construction of homes only on Hideout lots
in accordance with the Model Home or any other approved model available at the Hideout.
17
There shall be no overnight occupancy of a Model Home. (ECCR Section 201 01/29/99)
“Moving a Building” – A permit shall be required for the moving of a building or structure,
and shall specify the time within which the moving shall be made. If such a move involves the
crossing and closing of streets, roads or highways, it shall not exceed a period of twenty (20)
hours and shall only be closed with the written permission of the Chief of the Fire Department
of the fire district involved, and the Security Chief of the Association. When such a move
involves the crossing of a State Highway, permission for the removal shall be secured from the
State Highway Department and any other authority in jurisdiction prior to the issuance of a
permit by the ECC.
The term “moving” as used herein shall mean the change of location without dismantling the
structure.
The Moving Contractor shall provide adequate public liability and property damage insurance in
such amounts as may be requested by the ECC, but in no event less than $500,000.00 for injury
to any one person (including death), not less than $1,000,000.00 for personal injuries in any one
accident and not less than $500,000.00 for property damage. The Contractor shall furnish the
Association with a certificate, or certificates of insurance showing the above named coverage
required to be obtained by the Contractor stipulating that such insurance shall not be canceled
without ten (10) days prior to written notice in advance given to the Association and the owner
of the structure. Both the Association and the owner(s) of the structure shall be named in the
certificates. (Modular Homes, which have had all inspections required to that date, shall be
permitted to be moved after the requirements above are completed). The moving shall be “at the
risk” of the contractor in all cases.
The granting of a Permit to move a structure by the Association shall in no event be construed to
impose any liability, express or implied, on the part of the Association, its Officers, Directors,
Servants, Agents, or Employees. (ECCR Section 126 5/1/89)
The owner or contractor must notify all service companies in writing when wire or other
apparatus may be affected by the moving of a building or structure across streets, roads, or
highways, which may be affected by demolition, or may be affected by new construction.
It shall be a violation of the Rules and Declaration for any person, firm or corporation to change
the nature of occupancy from a single-family residential dwelling as defined in Section 1l of the
Declaration. (ECCR Section 131 5/1/94)
“OPEN FIRE” is defined as any fire within which the products of combustion are emitted into
the open air and are not directed through a stack or chimney.
Recreational “open fires” on member’s lots are permitted as long as it is positioned and set in a
self-contained vessel designed and manufactured for that purpose and prudent safety precautions
are taken. (BDR #14-42; 2014) (Use only an approved Chimenea or Fire Pit)
“Pavement Protection” – When a new dwelling is to be constructed, three (3) railroad ties
shall be placed end to end along the edge of the pavement with the top of the tie to be two (2)
inches higher than the pavement in the area where the driveway will be. Placement shall be by
the excavating contractor before any excavation is done on the lot.
18
If an excavator feels by installing the finished driveway a minimum of thirty five (35) feet into
property with base, finished top, all grades, swales and or culvert will protect the POA road
edge, approval may be granted. (ECCR Section 1610 05/01/89)
Any vehicle exceeding 10,000 lbs. in un-laden weight not be permitted on any lots, amenities or
common areas of the Hideout. (BDR 07-41; 2007)
The Hideout restricts usage by vehicles of more than ten tons gross weight during the spring
thaw conditions. The thaw conditions shall be reviewed by the Hideout weekly and the
restrictions shall be imposed on a week-‐by-‐week basis for an aggregate period not to exceed
eight weeks during the calendar year. Signs will be conspicuously posted at all the entrances
advising when and where the restrictions are applicable. (BDR 11-12, 2011)
“Propane Tanks” – Cinderblocks are permitted for the mounting of propane tanks. (BDR
12/18/98)
In dwellings utilizing gas for heating, cooking and hot water, supply tanks are to be located in
the rear or sides of said dwellings. Propane tanks shall not be placed in the front yard area of a
dwelling. Front yard area is defined as: the full width of a lot, from the paved roadway to the
front line of the dwelling. The liquefied petroleum gas tanks (bottled gas) are to be set on a level
concrete slab. The concrete slab for a tank must be a minimum of four (4) inches thick and
extend six (6) inches past the base or leg supports of the tank. Pre cast slabs or concrete cap
blocks are acceptable. Thickness and overall length and width dimensions shall conform to
concrete slab requirements.
All tanks must be screened by lattice work and/or plant shrubbery within ninety (90) days of the
tank installation. Regardless of its size, all tanks must be located so that the filling connection
and fixed level gauge are at least ten (10) feet from any external source of ignition (i.e., open
flame, window a/c, compressor, etc.). Intake to direct vented gas appliance or intake to a
mechanical ventilation system. There must be clearance of three (3) feet (36”) above any tank
and from any window or door to side or above tank fill valve. There must be a total of five (5)
feet (60”) from any basement window or crawlspace vent opening to the tank filling connection.
Gas hot water heaters are to be properly vented to the outside. Prior to initial operation, all
piping installations shall be pressure tested for leaks.
All materials, design, fabrication, and installation practices shall comply with the requirements
of the National Fire Protection Association (NFPA) and the National Fuel Gas Code latest
editions. (ECCR Section 1706 01/23/99)
Fuel Tanks are not allowed between road and/or front of house except with an ECC variance.
u
NOTE: Requirements for the Clearance around Propane Tanks:
(NFPA 58: Liquefied Petroleum Gas Code, 2008 Edition)
Homeowners who decide to install a propane tank on their property need to be aware of a few
safety guidelines. The National Fire Protection Agency (NFPA) has established a set of rules
that govern the requirements for the clearance around propane tanks in the NFPA 58 Liquefied
Petroleum Gas Code. The size of the clearance radius will depend on the type of installation and
the size of the tank.
Vertical Tanks – The requirements for the clearance around vertical propane tanks less than 125
gallons depends on the location of ignition sources, venting windows and doors. The tank itself
19
may be placed against the house or building, but it has to be at least ten (10) feet from an
ignition source such as a water heater and three (3) feet from a venting window or door.
Horizontal Tanks – also referred to as vessels, come in three main sizes: 330, 550 and 1,000
gallons. The size of the vessel normally depends on the propane requirements and the size of the
structure using the fuel. The requirements for the clearance around the 330 and the 550 gallon
propane tanks are at least 10 feet from the structure, ten (10) feet from the property line and ten
(10) feet from any ignition sources. The 1,000 gallon propane tank requires at least 25 feet of
clearance from the structure, the property line and any ignition sources.
Subterranean Tanks – Subterranean Tanks are generally available as 500 and 1,000 gallon
vessels. After installation is complete, the only visible part of these tanks is the riser cover,
which is about one (1) foot high and one (1) foot in diameter. Because of the type of installation,
these tanks only need ten (10) feet of clearance between them and any ignition sources,
structures or property lines.
SEE LOCATION DIAGRAM BELOW:
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“Protective Barriers” – The use of protective barriers for the containment of soil and debris
during construction activity taking place on a member owned property is the property owner’s
responsibility whether the work is being performed by themselves, a guest, a renter or a hired
contractor. This rule also applies to any work activities being performed on our common areas,
roads or any amenity whether performed by our (Maintenance and RS&W) personnel or outside
contractors. (BDR 08-18, 4/19/08)
“Removal of Building” – Application for removal or relocation of a building or structure at the
Hideout shall be filed with the ECC and shall be subject to the approval of the ECC. (ECCR
Section 128 5/1/94)
The ECC shall be notified in writing of any structure to be moved into the Hideout at least seven
(7) Days in advance of the proposed date, so that proper arrangements may be made. (ECCR
Section 128 5/1/94)
“Re-Subdivision” – No Lot shall be sub-divided. (PC 2V 5/11/70)
“Road Damage Compensation” – At any time during the course of constructing an
improvement on any residential lot, should any road damage occur any where upon a POA road
right of way immediately fronting said lot and also twenty five (25) feet on either side of that
lot, the contractor constructing such improvements shall be charged for damage repair on all
areas documented on a square footage basis. This shall be charged at the going rate for such
repairs, with a minimum charge of $100.00. (ECCR Section 1608 02/19/86)
“Sewage Disposal” – The central sewage disposal system constructed or to be constructed by
Declarant, as said system may at any time be improved or otherwise altered, shall be the sole
sewage disposal system for the Development. No Owner shall install or use any alternative
system or method of sewage disposal. All plumbing fixtures, washers, toilets and similar
equipment on any Residential Lot shall be connected to the central system through the sewer
main now or hereafter installed in the street abutting said Lot. No outside toilet shall be
constructed on any Lot (with the exception of a portable unit used during permitted construction
activities). (PC 2F 5/11/70)
“Signage on Vehicle” – Any licensed vehicle with signage owned by a contractor doing work
with a valid building permit at a lot shall remove such vehicle after the established working
hours. (BDR10-34, 6/5/10)
“Signs” – Except as permitted by the Committee, no person, except Declarant, shall erect or
maintain upon any Lot or Improvement any sign or advertisement. (PC 2K 5/11/70)
In accordance with Article 2.K of the Declaration, except as permitted by the Committee, no
applicant shall erect or maintain upon any lot a sign or advertisement.
Dwelling signs erected by or for the homeowner shall be approximately 200 square inches in
size and not nearer than eight (8) feet from any paved road. (12”x16”, 8”x24”, 6” x 32”)
Signs are not to be nailed to trees but must be hung independently on posts or ornamental
columns.
No commercial signs are permitted in the residential sections with the following exceptions:
• Builders are permitted to erect one sign per lot when a permit has been issued by
the Environmental Control Committee.
21
•
•
•
•
Said signs shall consist of white, black or yellow lettering and logo, if any, upon a
brown or green background.
Said sign shall be no larger than 200 square inches. (12”x16”, 8”x24”, 6”x 32”)
Said sign is to be removed the same day as project completion.
Signs are not to be lighted in any way. (ECCR Section 1601 5/15/98)
“Swimming Pool” – individual private swimming pools are not permitted in the Hideout
“Temporary Structure Restrictions” – No travel trailer or tent shall be placed or erected on
any Lot, nor shall any overnight camping be permitted on any Lot. No mobile home shall be
placed or erected on any Lot except as permitted by the Committee, provided, however, that
prior to the conveyance of all the Common Areas to the Association, the Committee shall not
permit any mobile home to be placed or erected on any Lot. (PC 2Q 5/11/70)
“Tree Removal” – No tree over three (3) inches in diameter may be cut down without the prior
written consent of the Committee. A minimum fine of up to $100.00 per tree under twelve (12)
inches in diameter, anything over twelve (12) inches in diameter will result in an additional fine
of $50.00 an inch. (PC 2R 5/11/70)
SEE ECC Section 3A for full TREE REMOVAL & REPLACEMENT POLICY
Written approval will be required to cut any tree over three (3) inches in diameter and/or beyond
ten (10) feet from the foundation line around any homes. A minimum fine of $100.00 per tree,
under twelve (12) inches in diameter, and $50.00 per inch over twelve (12) inches may be
imposed. Failure of the Contractor or any persons to obtain written approval for any of the
above, may result in a minimum fine of $100.00 (ECCR Section 115 3/17/91)
All trees to be removed for modular home construction will be marked for the ECC’s approval.
Any trees taken above and beyond will be replaced at a 2 to 1 ratio due to maturity and
approved by the ECC or its designee. (ECCR Section 108 5/1/85)
In no case nor under any conditions shall trees in excess of three (3) inches in diameter be
removed in order to place a modular home on its foundation unless a plot plan is submitted
showing the area to be cleared as well as a plan of restoration for replacing any excess trees
which were removed during the installation of the modular home. (ECCR Section 108 5/1/89)
“Tree Replacement” – Homeowners/Contractors are required to replace all trees removed prior
to or during construction of a new home or structure due to circumstances and/or hardship
designation. This tree replacement should be completed within six (6) months of the issuance of
a certificate of occupancy. (BDR 06-47, 9/19/06)
See complete TREE POLICY in Section 3 A of this Manual
“Unsafe Building” – Whenever the POA determines that an unoccupied structure or building in
whole or in part, is a menace and hazard to public health, safety or property, it shall issue a
notice addressed to the owner or owners to their last known address, which notice shall direct
such owner or owners to proceed to remove or destroy, alter or repair, the said dwelling,
structure or wall or part thereof, as the case may be, within thirty (30) days of said notice. If
such owner or owners shall fail, neglect, or refuse to proceed with such removal, destruction,
alteration or repair within the thirty (30) days fixed, then the POA Association upon the
direction of the Wayne County Court shall cause such work to be done, and the cost thereof
22
shall be charged against the property owners Hideout POA account with the property involved.
“Used Buildings” – No used buildings shall be placed on any Lot. (PC 2D 5/11/70)
“Water System” – The central water system constructed or to be constructed by Declarant, as
said system may at any time be improved, or otherwise altered, shall be the sole water system
for the Development. No owner shall install or use any alternative system or method of water
supply. (PC 2G 5/11/70)
“Wetlands” - “Wetlands” have been scientifically proven to maintain and improve water
quality as well as provide a necessary habitat for wildlife, and for aesthetic values. The
vegetation indigenous to wetlands actually pulls pollutants out of the water, thereby helping to
maintain drinking water purity. Wetlands also work to retain water to prevent flooding. This
explains why wetland, which often is not readily recognizable by a non-expert, is often
determined by the type of vegetation supported by the land or the hydric nature of the soils.
To maintain and resolve the biological, physical and chemical integrity of the nation’s waters,
the federal “Clean Water Act” and the state “Dam Safety and Encroachment Act” were enacted.
These Pennsylvania laws granted jurisdictional regulation to the Army Corps of Engineers, US
Environmental Protection Agency and PA Dept of Environmental Resources. These
governmental bodies have enforcement powers to force property owners, builders, and anyone
responsible for filling in or otherwise disturbing wetlands, to restore such lands to their original
condition, to pay fines, or to dedicate other lands for wetlands purposes, as well as proceed on a
criminal basis against the responsible parties.
Each property owner, builder, excavator, or anyone discharging into or otherwise disturbing
wetlands is responsible for their actions and consequences. The Association or its employees
and committees in making inspections, approving building applications, accepting application
fees, or issuing permits do not in any way assume responsibility for the actions or consequences
of those disturbing wetlands. The Association or its employees and committees in making
inspections, approving building applications, accepting application fees, or issuing permits do
not in any way assume responsibility for the actions or consequences of those disturbing
wetlands. The Association and its employees and committees do not in any way assume
responsibility for providing notice to others that their property may contain wetlands or that
their actions may disturb wetlands. This is consistent with the general knowledge that wetlands
are not readily ascertainable by non-experts.
The Association strongly recommends that property owners or their builders arrange, prior to
any construction, excavation, filling or improvement activity, to have an accredited expert
perform a soil survey to determine if, and delineate where, wetlands exist on the property to be
improved/disturbed. With this policy, it is the objective of the Association to assist property
owners in mitigating the consequences of their improvements in wetlands, where they may
exist.
In cases where the Association has been informed by; Municipal, State or Federal regulatory
agencies in jurisdiction, including but not limited to: the Pennsylvania Department of
Environmental Resources, the Army Corps of Engineers, and/or the Department of the Interior –
Fish and Wildlife Service, that an Owner’s property contains wetlands, the Owner and/or
Builder must furnish to the Association appropriate Township, State, and/or Federal permits that
23
may be required before the Association will issue it’s Building Permit under the terms and
conditions of it’s ECC Rules. (ECCR Article 113 3/2/88)
SECTION E – LAND USE
“Environmental Beauty” – In order to maintain an informal, natural type environmental
atmosphere at our Community, the following is incorporated into this code.
No three adjacent dwellings are to be exactly alike in front elevation. Slight modification is
required. Approval of any change is required by the ECC.
No more than two dwellings are to have the same setback from the paved road.
(ECCR Section 1600 01/01/75)
Exterior Finishes are to compliment the immediate areas. Natural finishes are required and
samples must be submitted. Metal, fiberglass, stucco, or plastic siding will not be approved. All
exterior siding and trim must be stained or surface treated with an approved material except for
redwood, cedar, pressure treated or other materials which have a factory finish or where the
manufacturer recommends against surface treatment. (ECCR Section 1603 08/01/96)
“Environmental Beauty – Firewood” – Trees which must be removed shall be cut into logs of
suitable fireplace length, and neatly stacked in a ventilated area to the side or rear of a dwelling.
Smaller pieces of kindling or starter logs may be placed in such containers as designed for that
purpose.
Stacked firewood piles shall not be placed in the front yard area of a dwelling. Front yard area is
defined as the full width of the lot, from the paved roadway to the front line of the dwelling. On
a corner lot, the front yard area shall be on one street only, and shall be either that side having
the main entrance, or that one side mutually agreed by the builder and the ECC.
Dead trees, trees in obvious danger of falling on power lines or buildings, or trees in the area of
building improvements must first be approved for cutting. Trees less than three (3) inches in
diameter or trees felled by storm may be cut up by the property owner for logs. Property owners
may call upon the ECC for determination if owner is in doubt, or concerned about potential
danger.
Builders and their subcontractors shall use all reasonable care to protect the property owner’s
trees against damage by their power equipment or vehicles.
All branches and small trees must be mulched, shredded, or hauled out at time of clearing lot for
construction. (ECCR Section 1602 05/01/89). Do Not use dumpsters for household garbage.
“Floor Area Required” – Each dwelling constructed on a foundation shall have a fully
enclosed floor area of not less than 750 square feet. In the case of a split level or a two story
dwelling, the fully enclosed area shall be at least 550 square feet on the first floor.
Fully enclosed shall mean all that floor area which has all surrounding studs in place, all walls
and interior partitions fully covered, and all ceilings finished, when the dwelling is initially
constructed. Future space to be enclosed may not be included in this minimum requirement.
Enclosed porches or garages shall not be included in this minimum floor area.
24
In computing floor area, all portions of the dwelling with less than seven (7) feet six (6) inches
in clear height shall be disregarded. (ECCR Section 600 09/23/87)
“Residential Lots” – No improvement except a Single-Family Dwelling and such outbuildings
as are usually accessory thereto shall be constructed, placed or permitted to remain on any
Residential Lot. The following restrictions shall apply specifically to such Lots:
1) Minimum Area. Each dwelling constructed shall have a fully enclosed floor area (exclusive
of roofed or unroofed porches, terraces, garages, carports or other outbuildings) of not less than
750 square feet. In the case of single-story dwellings, all 750 square feet shall be situated on the
first floor.
2) Single-story Construction. Each such dwelling shall be single-story, unless split-level or
two-story construction is approved by the Committee.
3) Set Backs. Except as shown on the Plat, every dwelling shall be at least:
• 50 feet from the nearest lake
• 25 feet from the front Lot line
• 10 feet from each side Lot line
• 25 feet from the rear Lot line (PC 4A 5/11/70)
It shall be a violation of the Rules and Declaration for any person, firm or corporation to change
the nature of occupancy from a single-family residential dwelling as defined in Section 1l of the
Declaration. (ECCR Section 131 5/1/94)
SECTION F – PROVISIONS WITH RESPECT TO LAKES & LOTS
“Declarant’s Non-responsibility for Damages” – Neither Declarant nor the Association shall
be liable for damages caused by erosion, washing or other action of the water of any lake.
(PC 5D 5/11/70)
“Ownership of Lake Front Lots” – The boundary of any Lot which is shown on the Plat as
contiguous to a lake shall be the shoreline of said lake as said shoreline would be if the water
level in said lake were one vertical foot above the normal maximum water level of said lake.
(PC 5A 5/11/70)
SECTION G – EASEMENTS
“Joiner of Lots” – For the purposes of Section 7A, if the Owner of two or more contiguous
Lots uses said Lots as the site of one Single-family Dwelling, said Lots shall be treated as a
single Lot for purposes of this Declaration so long as said Lots remain improved with one
Single-family dwelling. (PC 7D 5/11/70)
“Liability for Use of Easements” – No Owner shall have any claim against Declarant or its
Licensees arising out of the exercise or non-exercise of any easement reserved hereunder for the
purposes herein set forth. (PC 7B 5/11/70)
“Reservations” – The following easements and the right of ingress and egress to the extent
reasonably necessary to exercise such easements are reserved to Declarant:
1)
Utilities. A 10-foot wide strip on each Lot along the line of such Lot abutting a street
and a 5 foot strip on each Lot along the side and rear lines of such Lot for the
installation, maintenance and operation of utilities including TV antenna cables and
the accessory right to locate guy wires, braces or anchors.
25
2)
3)
4)
5)
Lake and Shoreline Maintenance: A 15-foot wide strip along the line of any Lot
abutting a lake for the purpose of lake and shoreline maintenance.
Slope and Drainage: A 30-foot easement on each Lot along the line of such Lot
abutting a street for the purpose of cutting, filling, drainage and maintenance of
slopes and drainage courses.
Flooding Easement: A flowage and flooding easement on each lake-front Lot equal
to the lake-front building set-back line as provided in Section 4, iii.
Streets: An easement on, over and under all streets in the Development for the
purpose of installing, maintaining and operating utilities thereon or thereunder, for
purposes of drainage control; for access to any Lot; and for purposes of maintenance
of said streets. (PC 7A 5/11/70)
“Use of Maintenance by Owners” - No structure, planting or activity shall be permitted on
said easement which may damage or interfere with the use of said easements for the purposes
herein set forth. (PC 7B 5/11/70)
SECTION H – PURPOSE, DUTIES AND POWERS OF THE HIDEOUT POA
“Duties” - In addition to duties imposed by these Bylaws or by resolution of the Association,
the Board of Directors shall have, without limitations, the following additional powers;
(BL Article X Section 3 12/29/79)
1) The power to adopt reasonable rules and regulations as it may deem advisable for the
use, operation, maintenance, conservation and beautification of the “Common Areas”
and for the health, comfort, safety and general welfare of the members and associate
members. (BL Article X Section 3e 12/29/79)
“Purposes” – This Corporation shall have the purposes or powers as may be stated in its
Articles of Incorporation and such powers as are now, or may be granted hereafter by the NonProfit Corporation Law of 1972 of the Commonwealth of Pennsylvania, or any successor
legislation. The primary purposes of this Corporation are: (BL Article III Section 1 12/29/79)
1) To assist in the establishment and promotion of a planned unit residential development
designed for healthful and harmonious living. (BL Article III 1a 12/29/79)
2) To promote, assist, and encourage the collective interest of all members in the
Development.
(BL Article III Section 1b 12/29/79)
3) To promote and assist in the establishment, care and maintenance of improvements to
the common property and any facilities of any kind dedicated to the use and enjoyment
of the Development which now exists or which may hereafter be installed or
constructed.
(BL Article III Section 1c 121/29/79)
4) To regulate the use, maintenance, repair restoration, replacement and modification of
common property in the Development. (BL Article III Section 1d 12/29/79)
5) To assist and cooperate with the members of all lots, improved and unimproved, for the
purpose of promoting and maintaining the natural beauty of the physical environment in
the Development so that the value of property will not be impaired or adversely affected
by nuisances or other property conditions detrimental to the health and welfare of the
members, and to take such action as may be desirable and necessary to prevent or abate
such conditions as may be consistent with the Bylaws, the Declaration of Protective
Covenants, and the applicable law. (BL Article III Section 1e 12/29/79)
26
6) To aid and cooperate with members of the Association in the Development, the
enforcement of such conditions, covenants, and restrictions on and appurtenant to their
property as are now in existence, as well as any other conditions, and restrictions as shall
hereafter may be approved and adopted. (BL Article III Section 1f 12/29/79)
7) To exercise any and all rights, privileges and authority that may be delegated to it from
time to time by members of the Association. (BL Article III Section 1g 12/29/79)
8) In general to do everything necessary and proper for the accomplishment of the purposes
hereinabove set forth. (BL Article III Section 1H 12/29/79)
The Board of Directors shall adopt such rules and regulations as may be necessary or
appropriate for the accomplishment of the purposes of the Association. Such rules and
regulations shall become effective when approved by a majority vote of the Board of Directors.
(BL Article XII 12/29/79)
SECTION I – MEMBER ACCEPTANCE AND OBLIGATIONS
“Grantee’s Acceptance Subject to Declaration” – Each grantee or purchaser of a Lot, by
acceptance of a deed conveying title thereto, or the execution of a contract for the purchase
thereof, whether from Declarant or a subsequent Owner of such Lot, shall accept such deed or
contract upon and subject to all provisions of this Declaration and subject to the jurisdiction,
rights, powers, privileges and immunities of Declarant, the Committee, and the Association, and
shall agree to pay the charges levied against his Lot by the Association. By such acceptance,
such grantee or purchaser shall for himself, his heirs, personal representatives, successors and
assigns, covenant, consent and agree to and with Declarant and the grantee or purchaser of each
other Lot to keep , observe, comply with and perform the covenants, conditions and restrictions
contained in this Declaration.
(PC 12a 5/11/70)
“Obligation” – The obligation of membership shall be: (BL Article IV Section 7,
12/29/79)
1. To comply at all times with the Rules and Regulations, policies and
Bylaws of the Association and to be responsible for like compliance by
family members, guests, tenant and invitees. (BL Article IV Section 7a
12/29/79)
2. To pay all assessments, fines, and other charges levied pursuant to the
authority granted in these Bylaws including interest. (BL Article IV
Section 7b 12/29/79)
3. To be responsible for all damages attributable to the member, his or her family, his
or her guests, tenants and invitees. (BL Article IV Section 7C 12/29/79))
4. Associate Members obligations include all obligations of membership provided,
however, that Class A Associate Members who are not co-owners have no obligation
to pay dues. (BL Article IV Section 7d 12/29/79)
5. Permits – no permits shall be issued to any member who has failed to fully pay all
outstanding dues, special assessments and/or fines assessed against them by the
Hideout POA on any property owned by such member within the Hideout.
Notwithstanding the foregoing, the Public Works Director shall be authorized to
issue permits in such instances where the failure to do so shall constitute an
imminent danger to the membership or to repair damage to the property for which
the permit is being sought. (BL Article IV Section 7e 3/31/04)
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“Procedural and Insurance Requirements” - All Owners are requested to engage a general
contractor, of proven ability, competence and financial responsibility to insure completion of the
work under the contract.
In all events, the selection of the contractor shall be at the risk of the owner and be his sole
responsibility. The approval of the application by the ECC shall in no event be construed to make
the Association, its officers, agents and employees, including the ECC liable for the performance or
supervision of the work of the contractor, or for any act of omission or commission of the contractor
arising out of the performance of the contract with the owner.
At or prior to approval of the permit application by the ECC, the contractor and the owner shall
provide the POA with the following:
Evidence by the contractor through Certificate of Insurance to be furnished to the POA as:
1) Workmen’s Compensation Insurance as required by law.
2) Public liability and property damage insurance under which the Association and
the owner shall be named as additional insured properly protecting and
indemnifying the owner and the Association in an amount of not less than
$500,000.00 for injury to any one person (including death), not less than
$1,000,000.00 for personal injuries in any one accident and not less than
$500,000.00 for property damage. Structural underground blasting and explosion
insurance may be required if that is part of the work to be performed. Finally,
contractual coverage for the indemnity agreement herein specified shall also be
provided.
3) Comprehensive Automobile liability and property damage insurance of not less
than $300,000.00 to any one person and $500,000.00 to any one person in any one
accident and property damage of $100,000.00. This insurance shall cover all
automobiles and other motor vehicles of the contractor and subcontractors
employed at the site.
All subcontractors, if any, shall carry the same insurance protection as above set forth for
contractors. The contractor, and all subcontractors, if any, shall protect, indemnify and save
harmless the POA and employees from any loss, costs, damage or expense arising from:
1) Any and all claims, suits and demands which may be made against the owner and
the Association, if any, by reason of any injury, death or damage, suffered or claim
to be suffered by any person, firm or corporation, caused or alleged to have been
caused by any act of commission or omission, negligent or otherwise of contractor
or subcontractors, if any, or of any of their employees, workmen, servants or
agents arising out of the performance of the contract with the owner.
2) The owner, the contractor and subcontractor(s) if any, shall furnish the POA with a
certificate or certificates of insurance covering such insurance so maintained in
which the owner and the Association are named as their interest may appear,
stipulating that such insurance shall not be canceled without fifteen (15) days prior
notice in advance to the owner and the Association. (ECCR Section 129
05/01/94)
END OF SECTION 3 – ECC MANUAL
28
Property Owners Association of the Hideout, Inc.
Program Regulations – ECC Manual - Section 3A
Tree Removal & Replacement (BOD 13-38, 7/27/2013)
ARTICLE I
1. Purpose
This Article shall apply throughout the entire area of The Hideout, so as to preserve trees and
woodlands from unjustifiable destruction; to preserve soil from erosion and sedimentation; and to
protect the use and transfer of topsoil, all for the general well-being of the residents of The Hideout
and neighboring downstream areas. Projects include, but not limited to, new home construction,
home additions/expansions, renovations, sheds, garages, driveways, decks, retaining walls, and any
other such work requiring tree(s) removal or destruction.
2. Definitions
As used in this article, the following terms shall have the meanings indicated:
CROWN OF A TREE
The upper part of the tree including the branches and foliage.
DBH
Tree diameter is usually measured at 4.5 ft. above ground level. Measurement at this height is
referred to as diameter at breast height or DBH
PERMIT
A “revocable license” to remove or destroy trees or to engage in a land-disturbing activity, issued by
the POA Hideout officer designated to enforce this article.
TREE
Any and all single and multi-trunked plants having diameters of three (3) inches or more at heights
of three feet above the base of the trunk or multiple trunks.
WOODED AREA/WOODS
Any Lot that is 10% or more covered by crowns of trees as trees are defined herein.
NOTE: The term "Shall" in this Article always is mandatory and not discretionary; the word "May" is permissive.
3. Regulations
Except as otherwise provided herein, no tree shall be damaged, removed, or destroyed by cutting,
girdling, bulldozing, grading of land, or otherwise by any person or contractor without a Tree
Removal Permit first having been obtained as provided in this article.
4. Exclusion in Program
Excluded in the provisions of this policy shall be the following:
Any dead, diseased, or other tree with which there is risk to life or property. Dead trees, trees in
obvious danger of falling on power lines or buildings, or trees in the area of building improvements must
first be approved for cutting. Trees felled by storm may be cut up by the property owner for logs.
Property owners may call upon Public Works for determination if owner is in doubt, or concerned about
potential danger.
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5.0 Application for Tree Removal Permit
5.1 Application where Site Plan approval/building permit is required:
A. All applications for NEW construction/development shall be accompanied by a tree replacement
plan as required by this section. This Plan shall be reviewed and approved by the ECC as part of
any development application.
B. For the removal of trees in conjunction with an application for development of property such as a
Site Plan, or in any other form of development where the approval of the ECC will be required,
the applicant shall submit to the Environmental Manager/ECC simultaneously with the
application for approval of such development, in a form and manner which complies with this
policy, a tree replacement plan consisting of a map showing the location of existing wooded
areas and marked boundaries of the plot.
In no case nor under any conditions shall trees in excess of three (3”) inches in diameter be
removed in order to place a home on its foundation unless a plot plan is submitted showing
the area to be cleared as well as a plan of restoration for replacing any excess trees which
were removed during the installation of the modular home. (ECCR Section 108 5/1/89)
Trees to be removed due to “construction” related reasons can be marked with STRIPED (red
& white) tape. This includes (a) trees within the marked footprint for the building and (b) the
fifteen (15) foot surrounding construction perimeter. Trees to be removed that are deemed
“unnecessary” should be marked with same tape. DO NOT USE PAINT. If request is denied,
the owner is responsible for removing all marking materials with ten (10) days of receiving the
denial.
Trees that are NOT to be cut should be marked with PINK “DO NOT CUT” tape.
Tapes are available from the Public Works/ECC office at the Main Office building.
An 8”x10” or larger color print taken from the front property line showing the entire property
MUST be attached to the original proposed survey. Once the project is completed, an “As-Built”
8”x10” or larger color print MUST be submitted with the Project Completion Form. The
Environmental Manager/ECC office will compare these photos for compliance with the
program.
For NEW homes, a copy of the Tree Replacement Plan can be prepared by the Lot Owner
marking a certified plot plan prepared by a surveyor licensed in the State of Pennsylvania.
The Site Plan shall show:
(1) Location of the tract where tree removal is to take place;
(2) Location of any streams, drainage, culverts, and/or watercourses;
(3) Location of slopes greater than 25% where any tree removal is proposed;
(4) Total acreage or part thereof for the tract;
(5) The total number of existing trees with a DBH of three inches or greater on the tract;
(6) The total number trees with a DBH of three inches or greater which are to be removed;
(7) All trees with a DBH of twenty-five (25”) inches or greater shall be specifically identified.
(8) A specific replacement plan for the replanting of removed trees.
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C. Plot Plans shall be prepared showing the location of trees to be removed and replaced.
D. The Environmental Manager (or designee) shall certify that the plan is accurate and advise the
ECC.
E. A copy of the signed approval, and a copy of the fully executed site plan indicating that all
conditions of approval have been met, shall be submitted by the EM to the ECC before a tree
removal permit will be issued.
F. The Tree Removal Permit issued by the appointed EM officer shall be valid as long as the
approved Application is valid. The removal or damage to trees not approved for removal shall
be considered a violation and subject to penalty.
G. Any substantial change to a tree removal and replacement plan shall necessitate the submission
of a revised plan to the ECC for review.
H. The Tree Removal Permit issued by the Environmental Manager/ECC shall be displayed and
available for inspection at the site where tree removal and replacement is to take place.
5.2 Application not involving site plan or building permit:
An application for a permit/permission for removal of trees where site plan approval or a building
permit is not involved shall be made directly to the appointed EM officer and shall contain the name
of the applicant, location of the property, a plot plan (if multiple tress need to be removed), a
statement of what trees would be removed, and the purpose for which the application is being made,
including but not limited to the following: clearing for fire protection, scenic improvement, hardship
or danger to adjacent property, removal of trees for growth in other locations, and installation of
utilities or sewer lines after, and only after, permits for the same have otherwise been obtained. A
copy of the plot plan shall be filed with the Environmental Manager/ECC.
5.3 Removal of significant trees
Before any tree designated as “significant” can be removed, the property owner shall obtain a
permit from the Environmental Manager/ECC. At the time of the issuance of the permit the
Environmental Manager shall advise the property owner of any alternatives available to the removal
of the tree.
6.0 Tree Replacement Plan
NEW Construction
“Tree Replacement” – Homeowners/Contractors are required to replace all trees removed prior to or
during construction of a new home or structure due to circumstances and/or hardship designation. This
tree replacement should be completed within six (6) months of the issuance of a certificate of
occupancy. (BDR 9/19/06)
There will be a cutting/clearing threshold for new construction where there is no penalty. A 25% of
total trees or less cutting/clearing threshold is acceptable in general before reforestation measures
are required (for the average Lot in the Hideout (approximately 15,000 sf), up to 4,000 sf of
coverage, or 25%, including driveway, could be cleared without penalty).
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However, a specimen tree, 25”DBH or greater would NOT be exempt. Thus, in Chart A, the
percentage of trees to be replaced is zero if less than 20% of the lot is to be cleared for an average
small to mid-size dwelling. Anyone who has to clear above this threshold should plan to replant
and/or contribute to the Tree Fund, ONLY AFTER SHOWING JUSTIFCATION.
Other construction projects such as renovations, additions, garages, decks, sheds, etc., will
follow this program as written.
For all replacement requirements, the following guideline formulas shall apply:
NEW HOME CONSTRUCTION ONLY:
A. Trees measured GREATER than three (3) inches at DBH:
Percentage of Trees Removed from
Entire Lot for Development
80% to 100%
60% to 79%
40% to 59%
25% to 39%
Less than 25%
Percentage of Trees to be Replaced with
Trees of Minimum Size 1.5 Inch Caliper
60%
45%
30%
15%
0%
OTHER CONSTRUCTION PROJECTS (i.e.: additions, garages, etc.)
B. Trees measured GREATER than three (3) inches at DBH:
Existing Tree to be Removed
(DBH in inches caliper)
3
16
18
20
22
Number of Replacement Trees
(minimum size 1.5 inch caliper)
to 16 inches
to 18 inches
to 20 inches
to 22 inches
to 24 inches
1
2
3
4
5
More than 24 inches “SIGNIFICANT”
TBD by Environmental Manger / ECC
7.0 Tree Replacement Alternative: Contribution to POA Tree Fund
A. All required replacement trees shall be planted on the site from which trees were removed. A
waiver from any or all of the required on-site replacement shall be granted by the Environmental
Manager/ECC, and be based upon practical physical difficulties and undue hardship related to
conditions of the site from which trees are to be removed.
B. In lieu of replanting trees on the removal site, the applicant shall have the option of planting
replacement trees of type(s) selected by the Environmental Manager, from the approved list of
trees, at a location chosen by the Environmental Manager in consultation with the ECC. Such
off-site locations shall be common POA property. Existing trees may be removed, protected and
replanted on the same lot to defer and reduce replacement costs.
C. In alternative, hardship, or unusual situations (does NOT include cases for convenience only);
the applicant may make a contribution to be deposited into the POA Tree Fund as established by
this policy. The Tree Fund is only to be activated as an option when it has been clearly
32
demonstrated that there is no available planting area, either through obstructions from ledge
rock, boulders, etc., or limitations due to area constraints.
The contribution in lieu of planting of trees shall be based on a fixed rate of the then current
material and installation costs for those trees. This rate shall be adjusted annually and based
on estimates by the Environmental Manager. Determination of the percentage of tree
replacements will be determined on a case-by-case lot-by-lot basis.
7.1 Tree Restoration Fund
A. There shall be established by POA Finance Department a “POA Tree Fund” for the purposes set
forth in this Article.
B. All funds collected as contribution in lieu of replanting shall be deposited in a dedicated account
clearly designated as the POA Tree Fund. All funds so deposited shall be used solely for the
planting of trees. This fund may be used to plant trees in common parks, property surrounding
common area buildings, and Hideout rights-of-way.
C. The Tree Fund shall be administered by the POA Hideout Finance Manager
8.0 Review and Approval of Permits
A. Applications for tree removal and land disturbance permits involving the issuance of a site plan
and/or building permit shall be processed during and by the regular procedures for review of
said site plan and/or building permit applications. When all requirements under this Article have
been met, Permits for the activity shall be issued. If a building permit is denied, the tree
removal and land disturbance permits pertaining thereto shall also be denied. No building
permit shall be issued without the issuance of any permit required under this policy.
B. Applications for tree removal and land disturbance permits not involving the issuance of a site
plan approval and/or building permits shall be reviewed by the ECC. Recommendations from
the ECC, which may be binding, shall be forwarded within 10 days of its regular scheduled
meeting. In the absence of said recommendations, the EM officer shall grant or deny said
application in accordance with this article.
C. All approved tree removal and land disturbance permits not issued in conjunction with a site plan
approval and/or building permit shall expire at the end of six (6) months from the date of
issuance unless extended on application for an additional six-month period.
9.0 Criteria for Approval or Disapproval of Permit
In determining whether to approve or disapprove an application for a tree removal permit, the
appointed EM/ECC officer shall consider the following facts:
A. In reviewing building site plans and applications for tree removal permits, the ECC, prior to
making recommendations, and the Environmental Manager, prior to issuing or denying any
permits, shall inspect the trees which are under consideration and shall similarly check the
drainage and other pertinent lot conditions. They shall consider protection of trees to remain on
the property during and after construction and grading, and they shall also consider whether the
destruction or removal of trees would result in soil erosion, would impair existing drainage
patterns, would lessen property values in the neighborhood, would adversely affect adjacent
33
properties by removal of screening or in other ways, or would impair substantially the aesthetic
values of the area.
B. In addition, for preservation of trees in the land grading operation, including lowering, raising,
and filling land areas, the following standards shall be met unless modified in specific cases or
in general by the EM/ECC or by a tree specialist acting for the ECC or for the EM, with
consideration for tree species, soil conditions, drainage, slope and other factor:
(1) Roots beneath the crown of a tree shall not be bared.
(2) Root areas of a tree shall not be reduced nearer to the base of the tree than the area of the
crown of the tree. Exceptions may be granted by the Environmental Manager.
(3) The surface around a tree shall not be raised with soil or other material, permanently or
temporarily, for more than six inches unless the tree is welled-in and provision is made for the well
to drain to the outer reaches of the crown of the tree or to the natural ground surface if that is nearer.
Design of wells must have approval of a tree specialist acting for the Environmental Manager. The
EM shall have authority to affix reasonable conditions to the grant of a tree permit.
9.1 Appeals
Whenever an application for a permit shall be denied by the EM/ECC, the applicant may appeal the
denial to the Board of Directors by filing a written notice of appeal with the Environmental
Manager within 10 days after receiving written notice of the denial.
10.0 Inspections
A. The EM/ECC shall provide for inspection of projects involving preservation of trees and
permits are required according to this article shall be made subject to inspections by the
EM/ECC at any time. The inspector shall certify that installation and practices are or are not in
compliance with performance principles and standards prescribed by this Article and with any
specific requirements that have been stated as conditions of approval of the application. The
applicant shall be required to have a certified plan and permit on site during construction or
other operations and to show the same to any agency or agent of the POA.
B. The Environmental Manager and/or the Public Safety Director may issue a “Stop-Work” Order if
a project is not being executed in accordance with the approved plan or regulations.
10.1 Authorization to enter upon Land
Each application for tree removal or land disturbance permit shall be deemed to be authorization by
the applicant for the Environmental Manager, or designee, to enter upon the lot(s) referred to in the
application for inspections contemplated by this article
11.0 Permit Fees and Penalties for Tree Removal
When filing an Application for Tree Removal, the applicant shall pay a fee according to the
following schedule:
A. Basic Fee of $20.00 minimum per application for either single or multiple trees.
B. For transplanting a tree in a living condition: no fee.
C. NEW HOME with a building permit or site plan approval: $3,000 DEPOSIT in addition to the
building permit. Deposit is refundable if all conditions are completed according to rules.
D. PENALTIES for clearing without a valid building permit, or site plan approval:
34
(1) For clearing land of trees: $5,000 per Lot and any part thereof, plus per Tree Fee.
The Tree Fee consists of $100.00 per tree under twelve (12) inches in diameter, and $50.00
per inch over twelve (12) inches will be imposed.
12. Violations and Penalties; Restitution
A. In addition to the penalties prescribed above (Section 11), the ECC via the Public Safety Office
may require that restitution be made to the POA by any person who removes a tree in violation
of this article in an amount equal to the current market cost of each tree removed as established
in accordance with this policy, such restitution shall be deposited in the POA Tree Fund.
ARTICLE II - Adjutant Provisions for Hideout Trees and Shrubs
1. Prohibited Acts
No person shall do or cause to be done by others, either purposely, carelessly or negligently, any of the
following acts to a tree, shrub or plant on a public right-of-way or park area:
A. Spray with any chemical on any such tree, shrub or plant;
B. Fasten any rope, wire, nail, bolt, sign or other device to any such tree or shrub.
C. Remove or damage any guard or device placed to protect any such tree or shrub.
2. Planting on Hideout Common Areas Prohibited
No shade or ornamental tree(s) or shrub(s) shall be planted in any set-back or right of way.
3. Maintenance of Trees and Shrubs
The owner of any lands lying within the POA shall keep all trees, bushes and/or shrubs maintained in a safe
manner so they shall not create a hazard to the general public.
4. Notice to Property Owner for the Removal of Dangerous Trees and/or Shrubs
In case any tree or shrub, or any part thereof, along the POA roadway shall become dangerous to the public
safety, the owner of the property in front of which such tree or shrub shall be located shall remove the same
or the required part thereof forthwith upon service of written directive to the effect from the Department of
Public Works. The notice shall be sent certified mail, return receipt requested, as to the recorded owner of
such property.
5. Removal - Dangerous Trees or Shrubs within the Right-of-Way of the POA roadway:
The Public Works Department shall be empowered to prune or remove trees and/or shrubs deemed to be a
danger to the membership within the right-of-way of any Hideout roadway.
6. Complaint; Violations and Penalties
Any person who violates the provisions of this policy may be served with a Non-Compliant Citation and
shall be subject to the penalties for each such violation.
7. Continued Violations
If any person shall continue to violate any of the provisions of this Article after being duly notified of such
violation(s) or shall neglect or refuse to comply with any lawful order of the Department of Public Safety
and/or the Department of Public Works, the failure to comply with a second, or each of any subsequent
notifications or orders, shall be construed as an additional violation of this article, and each such additional
offense shall subject the offending lot owner to the same penalty as provided for the first offense.
35
Questions concerning the Tree Removal & Replacement Program should be directed
to the Environmental Manager, Hideout Public Works Department,
or to the Environmental Control Committee.
Both can be reached at 570-698-4100 extension 108.
END OF SECTION – 3 A - ECC MANUAL
36
Section V - POA BOARD Resolutions affecting the ECC Operations
2005
05-‐20 RESOLVED THAT all permits issued by the Hideout shall be a revocable license. Upon
members’ failure to remain in good standing, all permits shall be revoked. The Public Works
Director shall be authorized to extend the permit in such instances where revoking said permit shall
constitute an imminent danger to the membership or to repair damage to the property. Motion made
by Jim Locantro, seconded by Betty Sullivan and passed unanimously.
05-‐39 RESOLVED TO approve the ECC recommendation requesting a 60 day moratorium on
exterior lighting not affixed to houses until regulations are finalized. Motion made by Jim Locantro,
seconded by Bill Brenner and passed 4-‐3. Como, Sambuco, and Sullivan voted no
05-‐56 RESOLVED TO accept Article 1 Sec. 133 effective date 11/19/05 as submitted by the ECC
Committee with the amendment to remove “on any one job”. Motion made by Jim Locantro,
seconded by Nick Sambuco and passed unanimously.
2006
06-‐11 RESOLVED TO accept the recommendation from the ECC committee (excluding item #2)
which states that a more specific set of rules for the installation of lighting on member’s lots is
required. Section 1407A Rev 1 replaces 1407A in the Hideout Building Code. Motion made by Bill
Brenner, seconded by Jack Schumacher and passed 6-‐0.
06-‐22 RESOLVED TO establish a section in the Hideout Building Code to address construction
and rules for swimming pools. (Rules on file at the POA office)
Motion made by Nick Sambuco, seconded by Jack Schumacher and passed unanimously. The
motion was amended to include that all mechanical equipment must be in the enclosed structure and
that any variance request must be presented to the Board of Directors for approval.
06-‐23 RESOLVED THAT the Board enacts a “Statute of Limitations” on all actions that come
before the Disciplinary committee i.e. 6 months for a member v. member complaint, 30 days for all
others except ECC which should be 60 days. Motion made by Jim Locantro, seconded by Nick
Sambuco and passed unanimously.
06-‐47 RESOLVED TO accept the Public Works Committee’s recommendation that
Homeowners/Contractors be required to replace all trees removed prior to or during construction of
a new home or structure due to special circumstances and/or hardship designation. This tree
replacement should be completed within six (6) months of the issuance of a certificate of
occupancy. Motion made by Nick Sambuco, seconded by Jim Locantro and passed 6-‐0.
2007
07-‐41 RESOLVED TO accept the ECC’s recommendation that any vehicle exceeding 10,000 lbs
in unladen weight not be permitted on any lots, amenities or common areas of the Hideout. Motion
made by Jim Locantro, seconded by Bill Reinhardt and passed unanimously.
37
2008
08-‐16 RESOLVED THAT the use of all fertilizes and laundry detergents that contain phosphorus
are banned in the Hideout. This would be the property owners’ responsibility to ensure
self-‐compliance as well as for their guests, renters and any hired lawn maintenance contractor.
Motion made by Arnie Milidantri, seconded by Jim Locantro and passed 7-‐0
08-‐17 RESOLVED THAT the raking or blowing of leaves, grass clippings, twigs or any debris
into our lakes, streams or culverts is banned. This would be the property owner’s responsibility to
ensure self-compliance as well as for their guests, renters and any hired lawn maintenance
contractor. Motion made by Arnie Milidantri, seconded by Jim Locantro and passed 7-‐0.
08-‐18 RESOLVED THAT the use of protective barriers for the containment of soil and debris
during any construction activity taking place on a member owned property is the property owner’s
responsibility whether the work is being performed by themselves, a guest, and their renter or a
hired contractor. This rule also applies to any work activities being performed on our common
areas, roads or any amenity whether performed by our (maintenance and RS&W) personnel, or
outside contractors. Motion made by Arnie Milidantri, seconded by Bill Brenner and passed 7-‐0
08-‐28 RESOLVED TO appoint Rocco Azzato to the ECC Committee. Motion made by Jim
Locantro, seconded by Nick Sambuco and passed 7-‐0.
08-‐29 RESOLVED TO appoint Stan Schaefer and Paul Como as alternates to the ECC Committee.
Motion made by Jim Locantro, seconded by Chuck Myskowski and passed 6-‐0-‐1 Paul Como
abstained.
2009
09-‐23 RESOLVED THAT effective July 1, 2009 a member be allowed to apply for an extension
of one additional six month period without a renewal fee on any normal ECC six month permit. If
the work is not completed after the extension period, an additional permit application with
appropriate fee paid must be submitted and a new permit obtained. In addition a no fee permit will
be required for replacement type projects overseen by the ECC. Motion made by Bill Brenner,
seconded by John Barcarola and passed 7-‐0
2010
10-‐34 RESOLVED THAT any licensed vehicle with signage owned by a contractor doing work
with a valid building permit at a lot shall remove such vehicle after the established working hours.
Motion made by Rich Passarello, seconded by Arnie Milidantri and passed 7-‐0.
2011
11-‐12 RESOLVED THAT the Hideout restrict usage by vehicles of more than ten tons gross
weight during the spring thaw conditions. The thaw conditions shall be reviewed by the Hideout
weekly and the restrictions shall be imposed on a week-‐by-‐week basis for an aggregate period not to
exceed eight weeks during the calendar year. Signs will be conspicuously posted at all the entrances
advising when and where the restrictions are applicable. Motion made y Bill Brenner, seconded by
Andrew Miller and passed 7-‐0.
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11-‐27 RESOLVED THAT the following mission and appointment format of a Hideout POA
Board Appointed Committee known as the “Environmental Control Committee (ECC)” be
established. The mission of the ECC is to enhance and protect the value, desirability and
attractiveness of the Hideout POA as a whole and each of the parcels situated within the community
in order to maintain a degree of harmony in keeping with the character of the community. Utilizing
the powers and duties established in the Declaration of Protective Covenants dated May 11, 1970
the ECC will monitor and control the actions of each individual property owner associated with
improvements constructed on any lot within the Hideout. The committee shall be composed of three
(3) volunteer members appointed by the Board of Directors. The term of office of the volunteer
members shall be fixed at three (3) years with staggered terms. One volunteer member appointed
will serve a term expiring December 31, 2011, one volunteer member appointed will serve a term
expiring December 31, 2012 and one volunteer member appointed will serve a term expiring
December 31, 2013. At the end of each term, the volunteer member may reapply and be considered,
along with any other volunteers who apply, to be appointed to serve an additional three-‐year term.
Considerations will be given for appointments to include but are not limited to background and
experience with the committee topic, ability to give the time commitment necessary to serve and
previous history of volunteer service. Board Director, who was designated as liaison to the ECC at
the yearly organizational meeting, shall be designated as an alternate member of the committee who
may replace an absent or disqualified member at any meeting of the committee. Motion made by
Bill Brenner, seconded by Andrew Miller and passed 6-‐0.
11-‐28 RESOLVED THAT the following volunteer members are appointed to the ECC, Dominic
Esposito for a term to expire December 31, 2011, Fred Lingner for a term to expire December 31,
2012 and Rocco Azzato for a term to expire December 31, 2013. Motion made by Bill Brenner,
seconded by Arnie Milidantri and passed 6-‐0.
11-‐74 RESOLVED THAT the following volunteer members be appointed to the ECC Committee:
Joel Ostro for a term to expire December 31, 2012, Richard Straczynski for a term to expire
December 31, 2013, and William Fentress for a term to expire December 31, 2014. In addition, Joel
Vener is appointed as an alternate to the ECC Committee for a term to expire December 31, 2012.
Motion made by Rich Passarello, seconded by Sam Wilmot and passed 6-‐0.
11-‐80 RESOLVED THAT the request for variance from James & Sharon Navatta to allow a
garage to be built 5 feet into the 10 foot side set-‐back be approved with the exception that any trees
that are removed be replaced. Motion made by Rich Passarello, seconded by John Barcarola and
passed 4-‐0-‐2. Rooney and Wilmot abstained.
2012
The following MOTION was passed at the Board of Director’s Meeting September 29, 2012.
“Effective immediately, any lot improvement performed without securing the proper permit will
result in the homeowner being assessed a non-refundable $250 fine. A non-refundable fine of $500
will be assessed for a second violation.”
2013
13-23 RESOLVED TO accept the recommendation from the ECC Committee as amended to read
"The Board establish a moratorium and usage of wind- powered turbine equipment for the purpose
of electrical generation". The committee will study the impact and submit a report at year end.
Motion made by Bill Rooney, seconded by Art Shelko and passed 5-0-1. Sakacs abstained.
39
13-28 RESOLVED THAT "Effective immediately, any lot improvement performed without
securing the proper permit(s) will result in the Lot Owner and the Contractor, in severability
and individually, both be assessed a non-refundable $250 fine. A non-refundable fine of $500
will be assessed for a second violation." Motion made by Bill Rooney, seconded by Art Shelko and
passed 7-0.
13-38 RESOLVED TO adopt the final Tree/ Replacement Policy submitted by the ECC
Committee and updated by the Board of Directors at the workshop meeting of July 19, 2013 with
the adjustment made July 27, 2013 to waive the $20 application fee for trees that fall within Article
1 Section 4 titled "Exclusions from Program". Motion made by Fred Sakacs, seconded by Art
Shelko and passed 5-0.
13-52 RESOLVED TO refresh the following Board appointed Committee Members for a term to
expire December 2016.
Rich Straczynski
ECC Committee
Stan Schaefer
Budget Committee
Jim Locantro
Disciplinary Committee
Michael Krakow
Disciplinary Committee
Violet Dolan
Public Safety Committee
Carol LoPiccollo
Dennis Asher
John Barcarola
Long Range Planning Committee
Frances Olick
Long Range Planning Committee
Motion made by John McNichol, seconded by Fred Sakacs and passed 6-0.
13-54 RESOLVED TO adopt the new Board Sanctioned Committee Guidelines which will be
effective January 2014. Motion made by Sam Wilmot, seconded by John McNichol and
Passed 5-1. Art Shelko voted No.
2014
14-12 MOTION RESOLVED THAT Board Resolution 09-23 be Amended to add “The Lot
Owner must provide in writing a reason(s) for financial and/or other related hardship that precludes
them from completing the building unit within the 1-year time frame.
A.
Construction/site work not completed after year: A new permit application fee of $500.00
B.
Construction/site work not completed after one and one-half (1 ½) years: $500. 00
permit application fee for 6-month extension.
C.
Construction/site work not completed after two years (2): $1,500 permit application fee for
6 month extension.
D.
No extension options after two and one-half years (2 ½). The Hideout may seek advice from
legal counsel.
Motion by Fred Sakacs second by Bill Rooney. All in favor 6-0.
14-13 MOTION RESOLVE THAT Board Resolution of September 29, 2012 – “Work without
Permit”: Be Amended as follows: If the Violation is still open after 60 days, and the fines issued
previously are not paid, then a third, $500.00 Non-Refundable fine shall be issued. Motion by Bill
Rooney, seconded by John McNichol. All in favor 6-0 Subject to review.
40
14-14 MOTION RESOLVED TO Amend ECC Code Enforcement – implement that a third Fine
shall be issued by Public Safety in the amount of $500 to a Lot Owner who is still in noncompliance after 60 days for non-permit violations. Should the matter be resolved after 60 days and
prior to 90 days then the 3rd fine of $500 shall be rescinded by Public Safety. However, the earlier
two (2) ECC fines issued by Public Safety must still be paid in full. Motion by Rich Passarello
second by John McNichol All in favor 6-0 Subject to review.
14-15 MOTION RESOLVED THAT “A Hideout Building Permit is required for the
installation/operation of any non-portable residential whole house/stand-by electrical generator”.
14-17 MOTION RESOLVE THAT: Board Resolution 14-11 be amended to read “The Lot Owner
must provide in writing a reason (s) for financial and/or other related hardship that precludes them
from completing the building unit within the 1-year time frame.
A.
Construction/site work not completed after a year: A new permit application fee of
$500.00.
B.
Construction/site work not completed after one and one half (1 ½) years: $500.00 fine.
C.
Construction/site work not completed after two years (2): $1,500 fine.
D.
After two and one-half years (2 ½) the Hideout may seek advice from legal counsel.
Motion made by Fred Sakacs, seconded by Bill Rooney 7-0
14-30 MOTION RESOLVED TO approve the ECC Committee’s recommendation to distribute
the new Contractor Guidelines 2014 to all contractors performing permitted work within the
Hideout Community. Motion made by Bill Rooney, seconded by Sam Wilmot, and passed 6-0.
14-41 RESOLVED TO the use of invisible electric fencing which will constitute compliance with
the Hideout’s rules & regulations and its use will be considered as having a pet under control. The
Committee is recommending that members installing an invisible electric fence must first obtain a
no-fee permit from the POA which will insure proper installation, setbacks and signage. Setback be
established as 25 feet from front and 5 feet from sides.
Motion made by Sam Wilmot, seconded by John McNichol and passed 6-1. Bill Rooney opposed.
14-42 MOTION RESOLVED TO recreational open fires on member’s lots be permitted as
long as the fire is contained in a self-contained vessel designed and manufactured for that purpose
and prudent safety precautions are taken.
Motion made by Art Shelko, seconded by Bill Rooney and passed 6-0-1. Fred Sakacs abstained.
14-60 MOTION RESOLVED TO approve the ECC Committee’s recommendation for an
amendment to Survey-ECCR Section 108-A. Survey- All construction will require three (3) surveys
to be performed by a licensed PA surveyor: (1) Plot plan showing proposed site and improvement
(2) Survey when footing forms and/or exterior piers are in place (3) As-Built survey for final
approval
Amendment to include the following: (4) Survey, in addition to all setbacks and easement markings,
shall include the altitude/elevation at all property corner markers, as well as (5) The
altitude/elevation of all corners of the proposed residence as set for construction (6) These
elevations will be required for all new construction activity (such as new home, additions, garages,
retaining walls, etc.
Motion made by Rich Passarello, seconded by Sam Wilmot and passed 7-0.
41
14-61 MOTION RESOLVED TO approve the ECC Committee’s recommendation that all earth
disturbances, such as trenching, backfill, slope grading, drainage systems, new or re-routing utility
trenching, retaining walls, and significant landscape development involving movement of stable
ground be formally reviewed and regulated by issuance of a Hideout permit.
Motion made by Bill Rooney, seconded by John McNichol and passed 7-0.
2015 - To be added
42
COMMENT & NOTES……………………………………………………….
43

Environmental Control Committee Manual

Transcription

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