HANDBOOK OF ARCHITECTURAL AND CONSTRUCTION REGULATIONS


(HFCA Codes 1, 28, 78, 81, 98, 124, 215, 254 & 259 apply to these guidelines)



SECTION 1

INTRODUCTION

                This Handbook establishes rules and regulations to control and regulate the construction, erection, alteration, addition, and accessories of buildings in Hemlock Farms. 

                This Code shall not be construed to conflict with state or local building regulations.   This code does not change any of the restrictions or set- backs, etc. as contained in the Deed Amendments - The effective date of Amendments to these guidelines shall be thirty (30) days after adoption by the HFCA Board of Directors unless another date is specified in the amendment.

SECTION 2

OBJECTIVES

            One of the reasons HFCA is a special place is that all property is subject to the HFCA Deed Restrictions which includes Covenants designed to:

*                Encourage environmental excellence;

*                Preserve the design integrity and architectural quality of HFCA's land and dwellings;

*                Maintain the high aesthetic standards that make HFCA such an attractive and desirable place to live;

*              Prevent the deterioration of the Community which inevitably follows a "laissez faire" philosophy of construction, maintenance, and proper use; and protect and preserve property values for all residents.


                These objectives are accomplished through the Architectural review system and procedures, which are described in this Handbook.  It will give you the information you need for your benefit and for everyone in the Community.

                Specifically, before you make any changes to your property, you first must check with the Building Department for the required procedures.   This Handbook outlines the why, who, and what is involved in getting this approval.

 

SECTION 3

ARCHITECTURAL COMMITTEE MISSION STATEMENT

                The responsibilities of the Architectural Committee are to advise and assist the Board in matters regarding Architecture and Construction with the Community.

                In fulfilling its responsibility, The Architectural Committee performs functions, which include, but is not necessarily united to the following:

1.             Review submitted plans and specifications of structures, additions, and alterations for compliance with all Building

Codes applicable in Hemlock Farms.

2.                Periodically survey HFCA properties for compliance with Building Codes, existing codes and report to staff.

3.             Perform such other functions as directed by the Board.


SECTION 4

DEFINITIONS

                ACCESSORY STRUCTURE.  A building, the use of which is incidental to that of the main building  and which is located on the same lot.  (also see Section 15)

                ADDITION.  Any new construction which increases the height or floor area of an existing building.

                ALTERATION.  A construction project comprising revisions to prescribed elements of any existing structure.

                APPROVED.  Approved refers to approval by the building official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by nationally recognized organizations.

                APPROVED AGENCY.  An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the building official.

                ASSOCIATION.  The Hemlock Farms Community Association i.e. Board of Directors, Committees, Employees.

                BALCONY.  (exterior).  An exterior floor system projecting from a structure and supported by that structure, with no additional independent supports.

                BASEMENT/CRAWLSPACE.  That portion of a building, which is partly or completely below grade (see "Story above

grade").

                BUILDING.  Building shall mean any single family dwelling or portion thereof, which is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes or any combination thereof, and shall include structures accessory thereto.

                CEILING HEIGHT.  Ceiling height shall be the clear vertical distance from the finished floor to the finished ceiling.

                CONSTRUCTION.  The active building, fabricating, physically changing or modifying any home, structure or accessory building.

                DECK.  An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or their independent supports.

                DWELLING UNIT.  Any house or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons and as described in the Deed Restrictions.

FAMILY.  Family is an individual, two or more persons related by blood, marriage, or law, or a group of not more than

any five unrelated persons living together in a dwelling unit.  Servants having common housekeeping facilities with a family consisting of an individual, or two or more persons, related by blood, marriage or law, are part of the family for this code.

                GARAGE.  A building or part thereof used for the storage of one (1) or more vehicles.

                GRADE.  The finished ground level adjoining the building at all exterior walls.

                GRADE FLOOR WINDOW.  A window located such that the sill height of the window is not more       than 44 inches above or below the finished grade adjacent to the window.

                GRADE PLANE.  A reference place representing the average of the finished ground level adjoining the building at all exterior walls.

                GREENHOUSE.  An enclosed accessory structure consisting primarily of light-transmitting materials and used exclusively for growing plants.

                GUARDRAIL SYSTEM.  A system of building components located near open sides of elevated walking surfaces.

                HABITABLE ROOM.  Habitable room shall mean any room meeting the requirements of this code for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet, roofs, hallways, laundries, storage spaces, utility rooms and similar spaces.

                HANDRAIL.  A horizontal or sloping rail grasp for guidance or support.

                HOLLOW MASONRY.  Load-bearing or nonload-bearing construction using masonry units where the new cross-sectional area of each unit in any plane parallel to the bearing surface is less than 75 percent                 of its gross cross-sectional area. 

                IMPROVEMENT.  Will mean modifications or changes made to or on buildings, garages, decks, fences and other structures, but not including normal maintenance or minor repairs.

                INSPECTOR.  Shall mean the agent of the HFCA or other approved agency (ies).

                KITCHEN.  Kitchen shall mean an area used, or designed to be used, for the preparation of food.

                LOADS, LIVE AND DEAD.  Dead loads are the weight of the walls, partitions, framing, floors, ceilings, roofs and all other permanent stationary construction entering into and becoming a part of the building.  Live loads are all loads except dead and lateral loads. 

                OCCUPIED SPACE.  The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.

                OWNER.  Shall mean any and all owners of a residential lot in the Community.

                PIER.  A column designed to support concentrated load. 

                PERMIT.  Shall mean the authorization (s) to build, install sanitary systems, make improvements, etc., issued by the appropriate Governmental Agency (ies) having jurisdiction and the HFCA.

                PROPERTY LINE.  A line forming the front, rear or sides of lots or parcels of property as described in the recorded title.  See Section 13 Deed Restriction #1.

                RESIDENTIAL.  Shall mean approved for improvement and use of as a single family dwelling house.

                SINGLE FAMILY.  Shall mean one or more persons (not to exceed five (5) persons unrelated to each other by blood or marriage) together with domestic servants, who maintain a common household.

                SOLID MASONRY.  Load-bearing or nonload-bearing construction using masonry units where the net cross-sectional area of each unit in any plane parallel to the bearing surface is not less than 75 percent of its gross cross-sectional area.  Solid masonry units shall conform to ASTM C 55, C62, C73, C145 or C216.

                STORY.  Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above.

                STORY ABOVE GRADE.  Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is: 

                1.                More than 6 feet (1829mm) above grade plane;

                2.                More than 6 feet (1829mm) above the finished ground level for more than 50 percent of the                                                        total building perimeter; or

                3.                More than 12 feet (3658mm) above the finished ground level at any point.

                STRUCTURE.  That which is built, erected or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, parts which are fastened, anchored, or rests on a permanent foundation or on or under the ground.

                VARIANCE.  A modification of the Architectural and Construction Guidelines, pursuant to the provisions of the Hemlock Farms Deed Restrictions, Bylaws, Codes and state and local ordinances.

                WINDOW.  Window shall mean a glazed opening, including portions of glazed doors.

                WOOD STRUCTURAL PANEL.  A structural panel product composed primarily of wood, and meeting the code requirements of.  Wood structural panels include all veneer plywood, composite panels containing a combination of veneer and wood-based material, and mat-formed panel such as oriented stranded board and waferboard.

                YARD.  Yard is an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated.


SECTION 5

HOMEOWNER'S RESPONSIBILITY

1.             The property owner is responsible for ensuring that any construction is completed in accordance with the approved plans, specifications and local, state and federal building, health and safety codes.

2.             The property owner is responsible to comply with the Deed Restrictions, which pertain to their        property.

3.             The property owner is responsible for the actions of his/her contractor or persons as it relates to construction at or on

the owner's property.

4.             No changes or alterations are to be made to approved plans or drawings without the approval of the Association.

5.             A permit will not be issued until all appropriate building fees have been paid together with any                 outstanding balance due to the Association, the appropriate Township Permits received, and the                 building plans are approved.

6.             Upon completion of construction, the following must be provided to the Building Department:

                A.)                A certificate of final inspection for the electric installation.        

                B.)                A final plot plan showing the exact location of the building, septic field, water and sewer lines, driveways

                C.)                Township Certificate of Occupancy

                D.)                Lead-Free Certificate

7.             The Association shall have the right to request additional data, which, in its opinion, is required.

8.             No building shall be occupied prior to issuance of certificate of occupancy by the HFCA.

               

SECTION 6

PERMITS REQUIRED

(Amended 7-16-05, 12-08-07)

The following require a permit from the HFCA.

1.             New Home

2.             Addition

3.                Alteration requiring structural change

4.             Screen Porch

5.             Deck (new & replacement)

6.             Sheds

7.             Garages

8.             Docks

9.             Existing Blacktop Driveway

10           New Driveway

11           Fences

12           Tree Removal

13.          Any other construction requiring structural change

14.            Landscaping – Structural (i.e. artificial ponds, patios, walkways, tennis courts, swimming pools, trellis, gazebos, and retaining walls.

15           Roof replacement and/or major repairs (no fee)

 

A.             No construction, including excavation, is to be undertaken until a building permit and a sewage permit (if new home)

are issued to and received by the owner and/or builder.

B.                EXPIRATION AND REMOVAL OF PERMITS - All permits shall be valid for a period of one (1) year.  At the expiration of that one (1) year, a new application for building permit shall be required.  The cost of any such new application for a building permit shall be fifty percent (50%) of the original permit                 and shall be valid for a period of one (1) year.

 

SECTION 7

NO PERMIT REQUIRED

(Amended 7-16-05, 12-08-07)

1.                Replacing windows or doors same size or smaller

2.             Interior changes not requiring structural change

3.                Landscape plantings

4.             To prepare an uncontrolled fill on a no-perk lot.  NOTE: to construct a driveway, to access the lot, a driveway permit is

required.

 

SECTION 8

FEES

Fees Established

For a new residence, the applicant shall pay fifty-five cents per square foot of living space (a minimum of $825.00) for the following fees:

1.             Building permit - $100.00

2.             Plan review and pre-build site inspection - 25% of the full balance.

3.                Administrative processing - 17.5% of the balance

4.                Inspections, meetings, consultations with homeowners and contractor - 40% of the full balance.

5.             Final processing, Certificate of Occupancy and name sign 17.5% of the full balance.

 

 

 

For additions, alterations accessory structures, docks and blacktop driveways the applicant shall pay as follows.

                Addition                     .55 per sq. ft.

                Screen Porch              .55 per sq. ft.

                Decks (new)               .40 per sq. ft.

        Decks (replacement)                 $35.00 (same dimensions)

                Shed                     $35.00

                Dock                        $35.00

                Blacktop Driveway                $35.00

                Fences                              No fee

                Tree Removal                       No fee

                For other construction

                requiring structural change           .20 per sq. ft. (minimum of $10.00)

 

The square footage of the project must be indicated on all permit applications submitted for approval.  (not required for docks or blacktop driveways.)

 

SECTION 9

PERMIT APPLICATION PROCEDURE

1.             Pick up the appropriate application documents from the Building Department.  (570-775-0671.)

2.             Fill in all appropriate documents.

3.             Obtain permits from the Township.

4.             Submit proof of Township permit, application documents and appropriate fees to HFCA Building Dept. 

5.                Documents are reviewed by the Building Dept. and the Architectural Committee.  The latter meets once per month.

6.             The documents will either be approved, returned for correction, or rejected with an explanation.  Applicant will be notified.

7.             When approved, a Permit will be issued by the Association.  Construction may begin.

 

SECTION 10

NEW HOME CONSTRUCTION
(Amended 8-21-04, 7-16-05)

For new home construction, the following items are to be submitted together with the application for Building Permit.  Unless exempted by law, submission must be properly certified by a PA registered agent.

                1.  Construction data (1 copy)

                2.  Building plans (3 copies)

                3.  Plot plan (3 copies)

                4.  Plot Profile (1 copy)

                5.  Septic permit (1 copy)

                6.  Septic design (1 copy)

                7.  Township permit (1 copy)

                8.  Soil Erosion Control Plan (3 copies)

9.  Note!  The minimum square footage of a new home shall be in total one thousand five hundred (1,500) square feet, excluding garage, deck, screened-in porch and other such areas, provided that a story has a minimum of eight hundred forty (840) square feet.

                10.  Tree Conservation Plan (2 copies)

                11.  Maximum Lot Coverage plan (1 copy)

 

SECTION 11

ADDITIONS AND ALTERATIONS

(Amended 7-16-05)

                For additions/alterations these items are to be submitted with the application for Building Permit.  Where applicable, submission must be properly certified by a PA registered agent.

1.  Construction Data (1 copy)

2.  Building plans - (3 copies for living space)

3.  Plot plan - (3 copies)

4.  Plot profile (1 copy if applicable)

5.  Township permit (1 copy if applicable)

6.  Soil and erosion control plan (3 copies if applicable)

7.  Tree Conservation Plan (2 copies)

8.  Maximum Lot Coverage Plan (1 copy)

 

SECTION 12

PLANS AND DRAWINGS
(Amended 8-21-04, 2-18-06)

1.             Use of the Uniform Construction Code, is hereby adopted as the Building Code of the Hemlock Farms Community Association as it pertains to the limitations, and requirements contained in its Deed Restrictions.

2.                Individual building plans shall be submitted showing all relevant elevations, as well as structural details.  Cross-sections are required.

3.             Where a fireplace is proposed for a building, the location, type, size and the type of fuel are to be shown on the plan in the outline specifications form.  Spark arresters are mandatory in this case.

4.             All plans for new construction, alterations or additions must be approved by the Township within which the property is located.

5.             All plans submitted shall conform to the 1992 edition of the CABO Code and also the Hemlock Farms Community Association Code. and stated so on all blueprints.

6.             Each sheet of drawings including site plan shall indicate:

                a)               Name of owner (s)

                b)               Stage, Block, and Lot numbers

                c)               Street names and house numbers

                d                Name and title of person preparing documents (engineer, builder, architect or other)

                e)               Page numbers and date.

                f)               Scale of each drawing.

7.  Site plans shall include:

                a)                Scale of one (1) inch equals forty (40) feet

                b)                Lot boundaries, set backs and easements

                c)                Location of building

                d)                Location of septic system

                e)                Location of utilities

                f)                Exact location of driveway

                g)                Compass point showing North

                h)                Approximate slope direction

8.  Site plans shall include:

                a)                What area is to be cleared around the house, addidtion or garage

                b)                What area is to be cleared around the septic tank and sand mound

                c)                What area is to be cleared for the driveway and waterline

                d)                What area is to be cleared for constsruction vehicle access

 

SECTION 13

SETBACKS

(Revised 2/18/07)

A.             Setbacks

 

                1.             No building shall be erected closer to the sideline of the lot than the greater of seven (7) feet or ten percent (10%) of the lot width measured at a point thirty-five (35) feet from the front line of the lot; nor shall any building be erected closer than twenty-five (25) feet from the street line, provided that in the case of a corner lot, no building shall be closer than fifteen (15) feet to the street abutting the long side of such lot.                
Falling Brook area has special requirements that should be investigated at time of review.)

 

                2.             In the event that any boundary line of the lot abuts the Lords Valley Country Club Golf Course, no building shall be erected closer that thirty (30) feet to such boundary notwithstanding anything to the contrary.

 

                3.             No building shall be erected at a point on a site, which has an elevation less than four (4) feet higher than the elevation of the spillway on the lake on which the lot is situated.

 

Blooming Grove requirements

 

1.             Front yard: 40 feet (corner lots - street with higher traffic volume shall be designated the front yard.)

 

2.             Rear yard:  25 feet

 

3.             Side yard:  15 feet (25 feet from side yard of corner lot).

 

Dingmans Township requirements - Front yard 40 ft., side yard 15 ft., rear yard 25 ft., corner lot 40, 40 & 25,25

 

Porter Township requirements - Front yard 25 ft., side yard 16 ft., rear yard 10 ft.

 

B.             EASEMENTS - Drainage and power line:  easements of ten (10) feet [five (5) feet on each property line.]                 No driveway shall be closer than five (5) feet to sideline.

 

C.            Wetlands/Watercourses Buffer Zone

 

                For the purposes of protecting water quality, a buffer zone/building setback of not less than fifty (50) feet shall be maintained from any wetland or watercourse.The setback from wetlands shall be measured from the edge of the delineated wetland. The setback from watercourses shall be measured from the highest edge of the channel. No buildings, structures, sewage disposal systems, other impervious surfaces, or land disturbance shall be constructed or placed with this buffer zone.

               

Definitions:

                Watercourse – a discernable definable and natural course, or altered natural course, along which water is ultimately conveyed to streams and/or lakes and/or ponds at lower elevations. A watercourse may originate from a lake or underground spring(s) and may be permanent in nature, or it may originate from a temporary source such as a runoff from rain or snow.


Wetland – Lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communities that live in the soil and on its surface. For regulatory purposes under the Clean Water Act, the term wetlands means “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.”

 

RATIONALE: To protect sensitive natural resources in the community.


SECTION 14

CONSTRUCTION GUIDELINES

(Amended 5-17-03)

1.  Contractor Liability Insurance

Any contractor requiring a building permit to perform work for another person shall present to the Hemlock Farms Building Department copies of the Certificate of Insurance of the contractor's liability insurance policy.  The provisions of this Section shall not apply to the owner of the property who applies for a building permit for work to be performed by the owner of that property.

2.  Dumpsters to be provided by Contractors

A.                Contractors building and/or remodeling homes in Hemlock Farms shall be required to provide a 30 yd dumpster or largeron the respective lot for removal of construction debris.   

B.                Modular and log homes are required to use a 10 yd. Dumpster or larger.   

C.             Said dumpster shall be serviced regularly during construction and removed from the lot at the completion of the job to an appropriate dumping facility outside Hemlock Farms. 

D.             All job sites shall be kept clean of debris and excess building trash.

3.  Exemption Policy for Sheds

Structures one hundred (100) square feet and under shall be exempt from any requirements of footers, piers or concrete slabs, provided that the following conditions are met:

A.             A building permit is obtained.

B.             The structure is anchored through use of a means approved by the Building Official including, but not limited to, utilization of an anchoring kit or anchoring to a railroad tie or concrete block foundation.

C.             The applicant signs a binding agreement to remove the structure should a detached garage be built.

4.  Location of Bulk Fuel Storage Tanks

If bulk LP gas tanks or other similar facilities are to be used for fuel, the storage tank must be hidden from view from all roads.  This can be accomplished by landscaping and/or natural conditions and should blend into the natural environment.  Types of landscaping to be used:  shrubs, fencing, lattice or a combination.  Underground tanks are permitted and recommended. 

A.             All local, State and Federal regulations must be adhered to at all times.

B.             For new construction, fuel tanks must be shown on plot plan and the application must state type of fuel to be used (oil, gas, etc).

5.  Portable Toilets

Where no indoor toilet facilities are available on work sites, a portable facility must be made available until indoor plumbing is available, at which time the portable facility must be removed promptly. Portable toilet facilities must have applicable permits from the township or DEP. The Building Official is authorized to issue a "stop work" order if such facilities are not provided on site or removed promptly.

6.  Violations and Penalties; Stop Work Orders

A.             There shall be a penalty of five hundred dollars ($500.) for starting new construction and alterations requiring a building permit prior to plan approval or for working on a project when a "Stop Work Order" is in effect.

B.             A Stop Work Order will be issued when a violation of the HFCA Code exists.

 

SECTION 15

ACCESSORY STRUCTURES AND REGULATIONS

Accessory structures are structures for which the use is customarily incidental to the primary use of the property.  Accessory structures are located upon the same lot as the primary structure.

 

Antennas -  No restrictions for antennas attached to home.

Awnings -  No restriction on size or color attached to home.

Basketball Backboards.

Bulkheads -  See Chapter 254-1 of regulations.

Decks -  Permit required to build or replace.

Docks -  Permit required.  See Chapter 254-1 & 2 of regulations.

Dog Houses/Runs.

Driveways/Parking Pads -  Permit required.  See Chapter 81 of regulations.

Fences and Fence-like Alternatives -  No permit required.

House Numbers -  Required by regulation - Chapter 124.

Landscaping - No permit required.

Play Equipment.

Security Devices -  Responsibility of Homeowner.

Sheds -  Permit required.   Subject to Deed Restrictions.

Signs -  Regulated by Chapter 215.

Solar Collectors -  No restrictions.

Spas/Hot Tubs -  Subject to Permit if installed with structure.  Required by regulations - 

Chapter 259-8.

Swimming Pools -  No permit required.  Required by regulations - Chapter 259-8.

Tree Removal -  Required by regulations - Chapter 98-4.

Waterfront -  See Chapter 254 of regulations.

 

SECTION 16

HOURS OF CONSTRUCTION

A.  Prohibited Hours

No construction is to take place between the hours of 6:00PM and 7:00AM.

B.  Exceptions

Any person, who wishes to work in Hemlock Farms beyond 6:00 PM on weekdays only, shall apply to the HFCA office before 3:00 PM on weekdays for a working permit.  The permit will include the name(s) of each person who will be working and the location at which they will be working.

C.  Saturdays, Sundays and Holidays

1.             No construction will be allowed on Saturdays before 10 AM between Labor Day and July 1.

2.             No construction will be allowed on Sundays or on national holidays listed or on Saturdays between July 1 and Labor Day, inclusive.

3.             The holidays which construction will not take place are:  New Year's Day, Presidents Day, Good Friday, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day.

D.  Nuisance Noise

1.             HFCA Deed Restriction A272-5, states in part ".nor shall anything be done on the lot or in any building thereon which may be an annoyance or nuisance to the occupiers of neighboring lands."

2.             No noise-producing device, i.e., gas powered chain saws, lawn mowers, leaf blowers, or other device which, either consistently or intermittently generates a noise level that is detectable on

abutting property will be allowed to be operated before 10 AM on Saturdays or Sundays or on the national holidays listed or on Saturdays or Sundays between July 1 and Labor Day, inclusive.

 

SECTION 17

INSPECTION PROCEDURES

Building permit and one (1) copy of ALL APPROVED PLANS MUST be available at the job site at all times during construction.

A.             Trees Tagged for Removal, then after removal

B.             Erosion controls in place

C.                Waterline 4-1/2' in depth and sand on the job (5-1/2' below driveway)

D.              Footings and piers for setbacks

E.            Blasting requires a permit.  An 8 hour notice must be given to the Building Dept. prior to receiving permit. (see Appendix B)

F.                Foundation, backfill, perimeter drains - foundation parged and tared; perimeter drain installed with gravel and hay; tail drain shown (may be done on one or two inspections) Porter Township Only

G.             Roofed

H.            Frame, rough plumbing & mechanical (Porter Township Only)

I.            Electrical inspection by Certified Electrical Inspector requires: rough inspection, service inspection and final inspection

J.                Insulation upon completion

K.              Driveway (swale or culvert)

L.            Ground stabilization

M.             Final inspection

 

A Certificate of Occupancy will be issued for new homes, alterations or addition of living space when all inspections are passed and we have copies of the final plot plan, final electrical certificate, Township certificate of occupancy and a water meter has been installed.

 

All inspections require a minimum of 24 hrs advance notice.   For an inspection call 775-0671.

-  no inspection on Saturday or Sunday.

-  not all inspections may be required for all projects, including decks and sheds.

-  no inspection shall be made if an approved plan is not on the job site.

-  soil erosion controls must be maintained throughout the entire project.

-  dumpsters must be on the job site.

-  portable toilets must be on job sites until indoor plumbing is available.

-  Stop Work Orders will be posted for any violations.  

 

SECTION 18

APPEALS

A.             Any member disagreeing with a decision of the Architectural Committee, as it relates to his/her application, may appeal such decision first to the Architectural Committee within thirty (30) days of the date of the decision.

B.             A request for an Appeal Hearing shall be made in writing to the Architectural Committee, stating the reasons for disagreement.

C.             Upon receipt of the written request for an appeal within the proper time period, the Architectural Committee shall schedule a hearing within sixty (60) days from the date of receipt of the request.

D.            The member requesting the appeal shall be notified of the date, time and place of the hearing.  He/She may have presented any additional materials, documentation, testimonials or witnesses.

E.             The Architectural Committee shall communicate final decision to the member within ten (10) days of the closing of said hearing. 

F.             Should the member disagree with the Architectural Committee's Final decision, he/she may further appeal such decision to the Board of Directors.  A request for such appeal hearing shall be submitted in writing to the Board within thirty (30) days of the date of the Architectural Committee's decision.

G.            The Board of Directors shall schedule a hearing on said appeal on the date of its next regularly scheduled meeting, or no later than the date of its following regularly scheduled meeting.

 

SECTION 19

COMPLIANCE AND VIOLATIONS

The Hemlock Farms Deed Restrictions and By-Laws gives Hemlock Farms Community Association the authority to administer and enforce its Covenants.  The power to promulgate rules and regulations involving Architectural Construction guidelines rest solely with the Board of Directors.

 

The Architectural Committee assists the Board of Directors in enforcing these guidelines and also assists in the permit process.  In addition, the HFCA staff assists in overall compliance with all guidelines.  Staff also administers HFCA's enforcement efforts.

 

Administering the Architectural and Construction Guidelines successfully requires striking a fine balance between and amongst HFCA members.  This requires Association members (you!) to play an active part in the system as well.  In return for compliance with the system, each member has the right to expect every other property owner to abide by HFCA covenants, guidelines and decisions.

 

Assessments for Offenses

Any violation of the Architectural and Construction Guidelines shall be assessed as described in Chapter 1 of the Hemlock Code (see Appendix A) unless noted otherwise in this Handbook.

 

 

SECTION 20

WATER CONSERVATION

 

For the purposes of water conservation and for the compliance with Delaware River Basin Commission Requirements – Resolution 88-2 Revision # 2,  the 1997 edition of the International Code Council’s International Plumbing Code Chapter 6, Water Supply and Distribution, Section 604.4 Maximum Flow and Water Consumption,  shall be in force.  All buildings with plumbing fixtures shall meet or exceed these requirements.

 

            The Code is as follows:

 

604.4         Maximum Flow and Water Consumption.  The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table 604.4.  Water consumption for water closets listed in the following exceptions shall not be greater than 4 gallons (15 L) per flushing cycle.  Water consumption for urinals listed in the following exceptions shall not be greater that 1.5 gallons (5.7 L) per flushing cycle.

 

Exceptions:

 

1.       Blowout design fixtures.

2.       Penalware.

3.       Clinical sinks.

4.       Service sinks.

5.       Emergency showers.

6.       Water closets provided for the public in theaters, nightclubs, restaurants, halls, museums, coliseums, arenas, churches, stadiums and similar occupancies.

7.       Water closets provided for patients and residents in hospitals, nursing homes, sanitariums and similar occupancies.

8.       Water closets provided for inmates and residents in prisons, asylums, reformatories and similar occupancies.

Section 21 - Maximum Lot Coverage

(Added 3-19-05, Effective 4-19-05, Amended 8-20-05)

1.             The percentage of the total lot area covered by the footprint(s) of house, garage, shed, driveway(s), walkway(s), parking pad(s), turn-around(s) and any area covered by a water-resistant surface (e.g. tennis court, swimming pool, artificial pond, etc.) shall not exceed 20%. In this reference, a house’s footprint shall include all covered or solid surface decks and patios, and any area covered by 2A modified stone, but not septic field or lawns.


2.             To pave an existing driveway, or create any new driveway (regardless of the material used) the conditions outlined in #1 above must be met.
No HFCA permit will be issued unless the 20% rule is met. HFCA Building Department must be notified in advance of any planned alteration affecting the lot’s existing footprint.

Penalty for non-compliance: 1. Initial penalty for non-compliance with the 20% rule listed above shall be: a. A stop-work order will be issued by HFCA b. The assessment for violation of Section 21 is $500.
2. If the violation is not corrected within 30 days of the issuance of a stop-work order, an additional fine of $100 per day shall be levied until such time as the problem is resolved.

RATIONALE: To make all areas of Hemlock Farms consistent with township regulations now in effect in Blooming Grove Township and to further protect the rural forested nature of the community.

 

TABLE 604.4<