CHAPTER 117 - GATE ENTRY DEVICE
(ADOPTED 3-19-94, Amended 12-13-03)
117-1 Gate Entry Device-Purpose and Use
The gate entry device is a device to permit a property owner (or registered renter) unlimited access through the gate by way of the gate device entry device. In order to gain entry to the community the gate device must be used in the device reader.
117-2 Validity
A gate entry device is valid for use only with a properly registered vehicle which has affixed a valid vehicle permit, and shall be used only with the vehicle to which it is registered.
117-3 Number of devices
One device only will be issued per registered vehicle, such registration as described in Chapter 255. Renters will bse charged a non-refundable fee of $35 per gate entry device per vehicle registered upon presentation of a valid lease.
117-4 Transferability
Gate entry devices are not transferable and shall not be used for any vehicle other than the one to which it is registered.
117-5 Activation/Deactivation (Amended 12-6-97)
Gate entry devices will be activated when issued. devices will be deactivated and rendered disabled for use under the following conditions:
A. On July 1st, if at that time the property owner has any past due balance with the Association.
B. On July 1st, if at that time a valid vehicle permit is not affixed to the designated vehicle. See Chapter 255-4.
C. On July 1st, if the device user is a renter, and if at that time the respective property owner has an outstanding dues balance with the Association.
D. On the expiration of a lease for a renter who has been issued a gate entry device, where no written lease renewal documentation is on file at the HFCA Office.
E. For property owner and/or renter who is over 30 days delinquent in the payment of any fine imposed by HFCA.
117-6 Replacement (Amended 9-17-94)
A fee of $10 will be paid to HFCA to replace a lost, missing, damaged or stolen gate entry device. If within 90 days from the time of payment the device is returned to HFCA by the designated holder the $10 replacement fee will be refunded. A damaged device will be replaced free of charge upon surrender of both the device and upon presentation of the vehicle registration to which it is designated.
117-7 Enforcement
A violation of 117-4 will result in a fine of $100 for a first offense, $200 for a second offense and $300 for a third offense. In the event of a violation of any section of this Chapter a charge of $25 will be assessed to the property owner. Consistent with Article 2.4 (C) of the Bylaws, the property owner will be responsible for his or her tenants, guests, immediate family and invitees.
117-8 Authority
The gate entry device remains the property of HFCA, which retains the right to withdraw, limit, or deactivate its use and distribution, individually or otherwise upon reasonable notice, except for emergency circumstances and as otherwise described in this Chapter.
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CHAPTER 118 - GUESTS
(Amended 07-26-97, 5-19-01)
118-1 Purpose
The general purpose of the guest system is to account for the entry of member's guests into the property. The admittance of guests, contractors, tenants, and invitees will be approved by the property owner or a registered renter under the established administrative procedures, and authorized for entry by HFCA.
118-2 Authority (Amended 5-19-01)
The property owner or a registered renter shall authorize HFCA to admit the guest either by telephone or in writing, and in accordance with the established procedures, which are maintained in the Public Safety Department..
118-3 Guest Passes
Guests and visitors shall display a guest pass issued to that vehicle in the vehicle at all times when on the property. The pass must be prominently displayed and easily read from outside the vehicle. Guests shall proceed to the location for which they are authorized. Passes are not transferable and remain HFCA property.
118-4 Through Traffic
A property owner or renter who approves a guest to enter the property and said guest cuts through from Route 739 to Route 402, or vice versa, will be deemed in violation of the guest admittance system.
118-5 Enforcement
In the event of a violation of any sections of this Chapter, a charge of $25 will be assessed to the property owner's account per incident. The property owner will be responsible for the damages attributable to his or her immediate family, his or her guests, tenants and invitees.
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CHAPTER 120 - HEMLOCK NEWS
(Amended 12-16-02, 8-29-07)
ARTICLE 1 - Establishment; Contents Revised (01-28-95)
120-1 Policy Established
The following shall be the HFCA policy on its official publication.
120-2 Title, Purpose and Contents of Official Publication;(Amended 12-16-02)
The official publication of the Association, as called for by the Hemlock Farms Community Association Bylaws, in Article 3, Section 3.13, shall be entitled the "Hemlock News."
The primary purpose of the Hemlock News is to keep the HFCA membership informed about the affairs of the community. (Added 5-22-82)
Its contents shall include the following:
A. A synopsis of recent HFCA Board of Directors' meeting(s).
B. A summary of all written reports submitted to the Board by HFCA Committees, including minority reports and notices of future meetings.
C. A summary of the HFCA Treasurer's monthly report.
D. The annual HFCA Treasurer's report.
E. The Community Manager's written report.
F. Proposed and approved annual HFCA budgets.
G. Annual Auditor's report.
H. All Legal Notices.
I. All advertisements placed in other newspapers by HFCA.
J. Features, including:
(1) Internal local events, news and features.
(2) External local events, news and features.
(3) Health care.
(4) Organization news.
(5) Cultural news.
(6) List of community events for the forthcoming month.
K. Letters to the Editor.
L. Articles deemed to be of interest to a significant portion of HFCA members.
M. Advertising. The Hemlock News shall not accept advertisements from members or non members when the main point of that advertisement is to offer comment or opinions on matters before the board or management.
120-3 Inclusion of Board Actions and Motions (added 5-20-78)(Amended 1-28-95)
The Hemlock News shall print in its first issue going to press after each Board meeting, a summary of all substantive motions, including all Board members' votes thereon, and the text of all first and second reading motions.
120-4 Committee Reports (Amended 1-28-95)
A. The Editor of the Hemlock News will be responsible for preparing a summary of all written reports submitted to the Board by HFCA committees, including minority reports and notices of future meetings.
B. The Editor of the Hemlock News, with the advice of the Official Publications and Public Information Committee is also authorized to edit HFCA committee minutes that are to be printed in the Hemlock News.
C. It is the responsibility of the committees' secretaries to underline items in the minutes that must be printed in the Hemlock News.
120-5 Letters to the Editor (Amended 1-28-95, 1-23-99, 8-20-07)
HFCA Members, in good standing, and members of their immediate family in residence shall have letters to the editor printed in the Hemlock News excepting that there be a limit of two letters from the same Member’s family within a single issue of the paper.
A. Letters to the Editor will not be published if they are more than 300 words in length.
B. Letters to the Editor may not be inflammatory and or derogatory, obscene, or libelous. The available space may not be monopolized by one (1) person.
C. Anonymous Letters to the Editor will not be published. The writers' address will not be printed unless the writer requests that it be included.
D. It is the responsibility of the Editor to see to it that when factual information which would clarify or answer Letters to the Editor is available, it is published side-by-side with the letter(s).
E. Regardless of the time of their receipt in the printing cycle, and regardless of availability of replies, printing shall not be delayed more than two (2) issues.
120-6 Opinions and Controversial Issues (Added 2-21-87) (Amended 1-28-95)
The Editor of the Hemlock News is charged with the responsibility of ensuring that the Hemlock News reflects a fair representation of various points of view on any controversial issues, and that, as far as possible, all opinions are presented in a timely manner, before actions are taken on these issues. If additional information is needed for a complete review of an issue, the Editor may consult the Board of Directors in order to meet this responsibility.
120-7 Approval of Copy (Added 9-25-83)(Amended 1-28-95)
A. Except for emergency notices, all copy for the Hemlock News shall be reviewed and/or approved by the Official Publication and Public Information Committee. The Editor shall have the authority to edit copy that has been submitted late, by prior approval of the Official Publication and Public Information Committee.
B. All copy prepared by the Official Publication and Public Information Committee, and/or other sources, for publication in the Hemlock News shall be submitted to the Editor of the Hemlock News, who will decide what material shall be published, based upon the guidelines and policies established for the official publication. (Added 1-19-85) (Amended 1-28-95).
120-8 Advertising
A. The Hemlock News staff is authorized to accept classified advertisements and business classified advertisements from members to be published in the Hemlock News.
B. Advertisements may not appear on pages of the Hemlock News which are needed for use beyond the immediate issue in which they appear (e.g., annual audit, Bylaws and candidate statements).
C. Any person or organization not in good standing, or otherwise in violation of any of the Hemlock Farms Community Association rules, regulations and policies, shall not be allowed to advertise in the Hemlock News. (Added 5-20-89).
120-9 Advertising Billing and Procedures; the Association Office Responsibilities (Amended 1-28-95)
The responsibility for securing all advertising and billing for the Hemlock News shall be handled by the Association Office exclusively, which shall submit monthly ads to the newspaper prior to publication, and shall:
A. Maintain a record of Hemlock News' advertisers.
B. Contact current and potential advertisers as required.
C. Bill advertisers on a timely basis and maintain an accurate and up-to-date record of payments received, as well as accounts receivable.
D. Maintain mailing lists for the newspaper and cause the mailing of the paper.
E. Deliver and pick up material from the printer and advertisers.
120-10 Surcharge for Special Ads (Added 3-21-87) (Amended 1-28-95)
A. A surcharge for all ads appearing on specified pages of the Hemlock News is established. This surcharge rate shall be set at twenty percent (20%).
B. All persons or firms whose ads are in color shall be required to pay the printer's charge for the broad sheet on which said ads appear.
120-11 Distribution to Officials Outside Hemlock Farms (Adopted 5-20-78) (Amended 1-28-95)
The Association Office may, distribute the Hemlock News to officials of Pike County and neighboring governing bodies, as well as voluntary agencies in the area, as it sees fit, or as the HFCA Board may direct.
120-12 Mailing to HFCA Board members and OPPI Committee
The Hemlock Farms News shall be sent by first-class mail to all members of the HFCA Board, and to the Official Publication and Public Information Committee.
120-13 Editor (Amended 1-28-95)
A. In accordance with Bylaws 3.13, the Board shall select an Editor for the Official Publication (The Hemlock News).
B. The Editor, working with the Official Publications and Public Information Committee, will be responsible for reporting on the affairs of the Association, including Board meetings, to Association members.
C. The Editor will be responsible for writing, editing and production of the official publication.
D. Guidelines and Policies governing the Editor's specific authority and responsibility are fully described in Chapter 120 - Hemlock News.
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CHAPTER 124 - HOUSE NUMBERING (Aamended 6/22/02, 10-25-08)
124-1 Authority and Purpose (Adopted 9-19-93)
Effective January 1, 1994 all homes in Hemlock Farms shall display a house number at all times. The purpose of this house numbering system is to assist with quicker house identification for security and emergency purposes, and for HFCA administration purposes.
124-2 Number Assignment
Each home will be designated a number by HFCA which will serve as the location address for the property.
124-3 Number posts
The house number shall be displayed on a post, and must face the road. The post shall be located within 15 feet of the driveway entrance to the property, and shall be at least 10 feet away from the edge of the paved road. The post shall be unobstructed and conform with the house numbering system.
124-4 Type of Numbers
The house numbers will be comprised of three digits. Each digit will be white, on a brown background, be of reflective material, and each digit will be no less than 2 1/2" high. The number will be visible and identifiable from the middle of the road, and will be located on the post no lower than 36" or higher than 60" from the ground.
124-5 Initial Installation
A house numberand post will be provided and installed initially and on a one-time basis by HFCA in conformance with the provisions of this Chapter. This will apply to all homes existing as of 1-1-94 and newly built homes after this date.
124-6 Replacement of House Numbers and posts
After the initial installation, the property owner will be responsible for providing and installing a house number and post in case of loss or damage, or removal by an entity other than HFCA. HFCA will replace and install house numbers and posts after the initial installation under the following conditions:
a) Upon the request of the property owner, who will be charged for the cost of the replacement.
b) Without the consent of the property owner when said owner has failed to replace a nonconforming, missing or damaged house number following thirty (30) days notice by HFCA for compliance.The property owner will be charged for the cost of replacement
c) Exception: posts with electricity or speciality items attached to them will not be replaced by HFCA.
124-7 911 Numbering (Added, 10-25-08)
All homes within Hemlock Farms including Blooming Grove, Dingman and Porter Townships shall have a 911 street address sign in conformance with Pike County 911 emergency call system. All street number sign blades shall be a minimum of six (6) inches high and shall be a minimum of eighteen (18) inches long. They shall be constructed of extruded or rolled aluminum with a minimum thickness of 0.080 inches. All street number sign blades shall be double faced with Class I, Class I-A or Class II reflective sheeting as listed in the most current Penn DOT Publication 35. They shall have white or silver letters on a green background. All lettering shall be a minimum of three (3) inches high in a white or silver plain blocked font. Obstructions (including snow) shall be removed to permit the sign to be visible for a distance of not less than fifty (50) feet from the sign in both directions of travel. Sign posts and sign mountings shall be so constructed as to hold signs in a proper and permanent position, and to resist displacement by wind or vandalism. Trees and utility poles shall not be used as sign posts. All street number signs shall be oriented perpendicular to the named street, so as to be visible to drivers approaching in either direction. On cul-de-sacs, signs shall be oriented so that the numbers are visible to traffic entering the cul-de-sac. The bottom of the street number sign blade shall be between four (4) feet and six (6) feet above the ground elevation where the sign is mounted.
124-8 Violations and Penalties (Amended 10-25-08)
In the event that a house number is not displayed as per section 124-1, or the house number or post does not conform with sections 124-3 and 124-4, HFCA will give the property owner thirty (30) days written notice to correct the condition. After this period, and if theowner still has not complied with this Chapter, a fine of $25 will be assessed to the property owner. Additionally, HFCA will be empowered to install a house number and post in conformance with the provisions of this Chapter, the costs of installation which will also be assessed to the property owner. In addition, 911 signs must be affixed to the sign post as specified in 124-7. Thirty days after the adoption of this code, a 911 sign must be in place or ordered from Blooming Grove Township. Failure to comply will result in a fine of $50 plus $10 per day for each additional day that the violation continues.
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CHAPTER 142 - LOTS
(Amended 5-19-01)
ARTICLE I - Destroyed Improved Lots (9-30-78)
142-1 Determination of Status as Improved Lot
A plotted lot shall be considered an "Improved Lot" for Hemlock Farms Community Association dues assessment purposes upon completion of the finished roof surface as certified by the Hemlock Farms Community Association Building Inspector, and the owner of such an improved lot shall be liable for payment of the improved lot assessment prorated as of the date of such completion and certification.
142-2 Restoration of Destroyed Dwellings
In the event of total or partial destruction of any dwelling on a plotted lot by fire or other disaster or casualty rendering such dwelling unit unusable or unsafe for normal and reasonable habitation or use, the owner shall be responsible for taking all action necessary to restore the dwelling to its original or equivalent condition, or to restore the lot to its original unimproved state with respect to grade, clearance of obstructions and removal of debris. In the event of total or partial destruction as set forth above, the lot in question shall continue to be assessed as an improved lot until such time as the lot is restored to its original unimproved condition, unless the lot owner files plans and commences meaningful action to restore the dwelling. If and when said plans are filed and meaningful action commenced, said property shall be considered unimproved until restoration is complete.
142-3 Time Limit for Filing Plans; Loss of Privileges
Should a member fail to file plans and commence action to restore the dwelling or lot set forth above within one (1) year from the date said member is notified of the unfit, unusable or unsafe nature of the dwelling and/or lot, such member, as well as his family, guests, tenants and invitees, shall forfeit any and all privileges of membership as set forth in Section 2.3(B) through (F) of the Bylaws until such time as the restoration is completed.
142-4 Action to Correct Unsafe Conditions (Amended 5-19-01)
In the event that no reasonable action is taken by the lot owner within a reasonable period after notification as set forth above, legal action may be instituted on behalf of the HFCA against a lot owner to correct an unsafe condition upon recommendation of the Building Inspector. Such legal action shall additionally seek to hold the lot owner responsible for all legal costs and expenses incurred by the HFCA. Any member aggrieved of any assessment or other action taken by the Hemlock Farms Community Association may request a full hearing through the appeals process.
ARTICLE II - Untidy Lots (9-27-80 Amended 5-19-01, 12-13-03)
142-5 Enforcement
Members shall maintain their lot in neat and orderly condition. *Examples of violations include but are not limited to: overgrown grass/weeds on the lot; storage of discarded items such as household furnishings, appliances and vehicle parts, etc.; toys scattered around; bulk items as defined in Code Chapter 115 – Garbage-Solid Waste Disposal see 115-1, 115-5 and 115-7 namely garbage, rubbish, trash, litter, construction debris, tires, yard waste; visible storage of home maintenance equipment, building materials, etc.; unmaintained lawn furnishings, lawn ornaments, landscape beds and planters, etc.; failure to maintain the exterior of the dwelling including decks, siding, including uniform color schemes, cleanliness, timely repairs, structural integrity, etc.
If, in the opinion of the HFCA, the lot is untidy or unmaintained, a written warning shall be sent to the member allowing thirty (30) days to comply, after which a citation shall be issued if the condition is not corrected as per 142-6 and 142-7.
142-6 Service of Notice
Notice of each person listed on the deed shall be provided via both certified mail and first class mail or via personal service with an affidavit of service being executed.
142-7 Time Limit for Compliance (Amended 5-19-01)
Property owners are granted thirty (30) days to correct the violation for which they are notified. At the conclusion of the 30 day period, if the violation is not corrected, the property owner is deemed in violation on a daily basis and subject to daily fines.
142-8 Performance of Work by HFCA
If voluntary compliance is not forthcoming and the Board approves, the violation may be cured through the use of HFCA labor and equipment of contracted labor and equipment with bidding requirements being utilized where required under the HFCA Bylaws.
142-9 Collection of Costs
A bill shall be rendered to property owners for any expenses incurred by the HFCA, and in the event that the bill is not paid within thirty (30) days, legal action shall be instituted for collection, and a lien shall be placed upon the property for all costs incurred, and sale of the property at an execution sale shall be undertaken at the discretion of the Manager.
142-10 Assessment for Violation (Added 5-19-01)
A. The assessment for violation of Article I shall be $250.00 at the conclusion of the 30 day period and $10.00 per day thereafter until the violation is corrected.
B. The assessment for violation of Article II shall be $50.00 at the conclusion of the 30 day period and $10.00 per day thereafter until the condition is corrected.
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CHAPTER 145 - MAILBOXES
(Amended 5-19-01, 6/22/02, 12-11-04, 3-19-05)
145-1 Mailbox Rental Fee (Amended 3-25-95, 10-16-99, 5-19-01)
The mailbox rental fees shall be confirmed and/or established by the Board of Directors at its Annual Budget Adoption Meeting. Annual billing for mailbox rental will be included on the dues bill mailed out each January. Payment must be received by March 1st. Interest will be assessed monthly at the same percentage rate as on outstanding dues (per Code Section 85-8) for mailbox charges outstanding after March 1st. Notice will be mailed by April 15th requiring payment by April 30th to avoid termination of the use of the mailbox per Section 145-6.
145-2 Lock and Key Replacements (Amended 10-16-99)
A lock replacement fee of thirty dollars ($30) for a lock and two keys will be charged for mailbox lock changes necessary due to lost and/or mislaid keys, or box closed for non-payment. A fee of five dollars ($5) will be charged for a single replacement key.
145-3 Rental Term (Amended 10-16-99)
The rental term will be for one year, commencing with January 1st of each year. When a mailbox rental is begun during the rental period, the rental fee shall be prorated through to the end of the rental term. There shall be no refunds of rental fee if the mailbox renter relinquishes the use of the mailbox before the end of the rental term.
145-4 Mailboxes per Household (Amended 12-5-98, 12-11-04)
Mailboxes may be rented only by deeded property owners and/or their qualified renters.
Due to the limited number of mailboxes available, a maximum of one (1) mailbox per household or lot will be permitted, regardless of the number of occupants in the home, or owners reflected on the deed. No additional mailboxes shall be issued to property owners for additionally owned improved lots, contiguous lots, or multiple unimproved lots. However, if a different deeded owner’s name is reflected on the deed of an additionally owned improved lot, then that different deeded member is eligible to rent a mailbox in their name.
145-5 Rental of Homes (Amended 9-27-97, 10-16-99, 3-19-05)
Members who rent their homes to others may authorize the issuance of a mailbox to their renter. The following conditions/provisions apply for qualification:
A. The member shall be responsible for all damages and/or charges for lock replacements attributable to the renter/tenant, in the event of non-payment of such charges by the renter, as per Section 2.4 (C) of the Bylaws.
B. A copy of a ratified lease or rental agreement will be required as proof of the renter's occupancy of the home.
C. The lease or rental agreement will show an initial rental term of one (1) year. For continuous rental of a mailbox after this initial period, the lease will reflect continuation of the rental, or additional written authorization will be required from the property owner.
- A thirty dollar ($30) mailbox deposit fee shall be paid to HFCA by the renter prior to the issuance of a mailbox to the renter. Upon termination of the mailbox rental and delivery of the mailbox keys to the HFCA office, a refund of twenty dollars ($20) will be mailed to the forwarding address provided by the renter to HFCA. Ten dollars ($10) is retained to cover Administrative costs.
- The renter will be bound by the provisions of Chapter 145 of the Code as it relates to mailboxes.
145-6 Mailbox Rental Termination
HFCA has the right to terminate the use of a mailbox in the event of non-payment of the rental fee, or in the event of a violation of this Chapter by the owner/renter. Such termination will occur only after notification by mail to the last recorded address of the owner/renter.
145-7 Waiting List (Amended 12-5-98)
In the event that only twenty-five (25) HFCA mailboxes remain available at any one time, a waiting list shall be maintained. The waiting list will consist of lot owners who will be notified of the availability of a mailbox in accordance with their place on the waiting list. Mailboxes will be released according to the following priority:
A. I-Lot full time residents who do not have a box.
B. I-Lot part time residents.
- Owners with a house under active construction.
- Owners who wish to authorize the issuance of their mail box to their one-year, full time renter, subject to the restrictions of Section 145-4.
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CHAPTER 148 - MANAGER, COMMUNITY
(Amended 9-22-01)
ARTICLE I - Reports (11-20-76)
148-1 Monthly Report Required
The Community Manager shall submit a written monthly report to all Board members at least seven (7) days before each regular meeting, including all important developments, proposals and planned projects.
148-2 Legal Complaints and Controlled Substances Violations (Added 9-25-83)
The Manager must notify the Board of Directors within two (2) weeks of all legal complaints filed by the Hemlock Farms Community Association. In addition to the foregoing , the Manager shall further advise the Board on a monthly basis of all actions taken relating to the search for, seizure of and disposition of all controlled substances.
148-3 Legal Opinion (Added 10-22-83, Amended 9-22-01)
The Manager shall report written legal opinions to the Board.
148-4 Conferences and Travel (Added 10-22-83, Amended 9-22-01)
A. The Community Manager shall inform the Board prior to attendance at conferences that take place on community time or at community expense.
B. The Community Manager shall submit a written report to the Board of Directors following attendance at conferences. The report will contain a summary of the conference and will describe any benefits to Hemlock Farms.
ARTICLE II - Business Expenses (Deleted 9-22-01)
148-5 Expenses (Deleted (9-22-01)
ARTICLE III - Powers (5-20-78)
148-6 Removal of Boats; Fee (Amended 10-28-95, Deleted 9-22-01)
148-5 Enforcement Actions (Added 9-29-79, Renumbered 9-22-01)
The Manager is authorized to take all necessary action to enforce compliance with architectural rules, Bylaws of the Association and Deed Restrictions. If warranted, such action shall include seeking appropriate relief in the courts of the commonwealth.
ARTICLE IV - Signing of Checks (3-28-81)
148-6 Authorized to Sign Checks (Renumbered 9-22-01, Amended 9-22-01)
The Community Manager shall be authorized to sign HFCA checks as follows:
- As a single signatory
1. Payroll account, may sign checks up to two thousand dollars ($2,000.)
2. General fund checking account and water fund checking account, may sign checks up to one thousand dollars ($1,000). (Added 8-23-86)
B. As one (1) of two (2) signatories:
1. In general, up to ten thousand dollars ($10,000), except as provided in Subsection B(2) and (3) below.
2. Up to the amount specified in a previously Board awarded contract.
3. Up to any amount within account limitations on HFCA inter-account transfers.
148-7 Signing by Deputy Manager (Added 9-25-83, Renumbered 9-22-01)
The Deputy Community Manager, as Second assistant Secretary and Second Assistant treasurer, shall be authorized to sign any check and execute any documents which presently may be so signed by Community Manager in the Community Manager's absence, and wherever a second signature is required, it shall be the signature of a Board member who is a corporate officer.
148-8 Payroll of Manager (Amended 10-19-85, Amended 9-22-01, Renumbered 9-22-01)
The Community Manager may hereafter sign his regular payroll check. Reimbursements for other personnel benefits, such as unused vacation time, sick time and final employment paycheck, will be by check and require a signature of an authorized member of the Board of Directors. The treasurer will verify the annual salary paid to the Community Manager by review of payroll records, such as the W-2 form.
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CHAPTER
154 – NATURAL RESOURCE CODE
(Added 2-22-03, Amended 5/22/04, 8/19/06>)
GENERAL
POLICY - Natural Resource Preservation Code
Hemlock
Farms Community Association intends, to protect, promote and enhance generally
the natural beauty of the community and protect the soil, water and air
quality, in particular, the forested, rural upland character of the community,
as well as to protect property values in the community. In concert with those goals, in the unusual instance when and where a clearly demonstrated
need is proven to exist, the Association will allow the removal of trees on
residential lots in the community so long as the removal of trees have no
material adverse impact on the community and its visual environment. In furtherance of this policy, the
Association has adopted the following Code Chapter 154 Regulations.
154-1 - TREE REGULATIONS -
GENERALLY: (Amended 8/19/06)
A. All
Activities Affecting Trees are Regulated.
This Chapter regulates all activities
in the community affecting trees, which phrase includes any construction activities and any other
activities that may involve damage to or removal
of any Protected Tree.
B. Protection
of Trees is Mandatory. All activities in the community affecting trees
shall be planned and carried out to cause the least damage to trees, to cause the minimum removal
of trees and to help improve the health of the community’s forests.
C. Tree
Removal - No protected tree shall be removed except where such tree is located in the
area in which:
1. a structure permitted by HFCA regulations is to be built. However, no trees are allowed to be removed, for construction access, within the setbacks unless they are replaced in accordance with Section 154-2B.
2. a driveway, septic system or waterline is to be constructed.
3. such other uses that may be permitted by HFCA
regulations.
4. an HFCA
facility, drainage improvement, water system improvement
or road right of
way is to be constructed or maintained.
5. A legal
or authorized utility right of way is to be maintained.
D. Protected
Tree - A protected tree is a tree not located in an area referred to in 154-1C.
E. Trees That Constitute a Hazard - The
removal of a protected tree which constitutes
a hazard shall be permitted as
hereinafter set forth.
F. Tree Removal Permits Required - The
removal of a protected tree shall require a tree removal permit obtained from
the HFCA and in conjunction therewith, a tree conservation plan shall be submitted
which shall identify the location of
the protected tree or trees to be removed and such protected
trees shall be tagged.
G. Exception for Pruning - No tree removal
permit shall be required to prune a tree but such tree shall be pruned in
accordance with the National Pruning
Standards. A copy of which is available at the HFCA Office.
H. Tree Removal Permit Form - The tree
removal permit shall be in a form as provided by the HFCA and shall be obtained
prior to the removal of a protected tree or trees.
154-2
TREE REMOVAL PERMITS:
A. Replacement
of Trees is Mandatory Unless Exempt. A
lot owner shall replace any Protected Tree that is damaged or removed during
activity affecting trees,
regardless of the location of the Protected Tree, unless the tree is exempted. A lot owner need not replace trees if the inspector determines that
circumstances exist that allow an exemption.
B. Tree
Replacement Standards. All Replacement Trees shall be (1) at least two inches
in diameter (DBH), (2) inspected by the inspector prior to planting; (3) planted according
to a time schedule approved in advance by the inspector; and (4) planted in
locations approved in advance by the inspector
per an approved plan. The new trees
shall be of appropriate species approved by the inspector. The number of new trees shall be determined
so that the sum of the caliper or trunk
diameter of all the new trees shall be equal to or greater than the sum of the
diameter breast height (DBH)
of all trees that have been damaged or removed as determined by the inspector.
(DBH
- The diameter of the trunk of a tree measured in inches at a point four and
one half feet above the existing grade at the base of the tree.)
154-3 TREES WHICH CONSTITUTE A HAZARD:
A. Trees That Constitute A Hazard Are prohibited.
It shall be a Code violation for a lot owner to keep or have a tree
or parts of a tree on any property
in Hemlock Farms that constitutes a hazard as determined by the inspector. Upon
receipt of written notice from
HFCA of the existence of
a tree that constitutes a hazard, the owner shall cause the tree or part
thereof to be removed from the property within 30 days of the notification,
154-4 APPEALS: (Amended 5-22-04)
A. Appeals. Any member aggrieved by the imposition of an assessment or fine under this Code, may appeal the same to the Appeals Committee in accordance with Code Chapter 13 - Appeals.
a. Removed 5-22-04
b. Removed 5-22-04
c. Removed 5-22-04
d. Removed 5-22-04.
e. Removed 5-22-04.
f. Removed 5-22-04
B. Stay of Activities Affecting
Trees. The filing of a written notice of
appeal shall not affect any stop work order for construction activities and
shall stay all other activity affecting
trees, subject to any final determination of the matters appealed.
154-5 PENALTIES:
Penalties
under this Chapter. Any lot owner
who is in violation of any of the provisions of this Chapter or any order,
permit, or notice issued regarding this Chapter (1) shall, after notice, be fined not more than $250 for each
violation and (2) shall, in addition, pay the cost of tree replacement, as provided in this Chapter. Each
tree removed or damaged shall also constitute a separate offense. Any person who causes a tree to be removed or
damaged in violation of this Chapter or any
order, permit, or notice issued regarding this Chapter, shall repair or replace
the tree at the violator’s sole cost and expense in strict compliance with all applicable tree replacement standards
and requirements stated in this Chapter and in The Natural Resource
Preservation Guidelines, Section 8, Standards for Natural Resource Preservation, paragraph #4, titled Tree
Replacement Care, as amended from time to time. The location and planting specifications
for replacement trees shall be
approved by the HFCA prior to replanting, pursuant to the requirement of this
Code.
If the HFCA or its
designee must replace the trees, the lot owner is responsible to pay the
replacement cost to the HFCA on demand.
The cost to the lot owner shall
be the actual direct cost of replacement of the removed or damaged tree. If the precise DBH cannot be determined, the
inspector shall determine the cost of
replacement based on the inspector’s estimate of the DBH of the removed or
damaged tree.
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CHAPTER 159 - PARKING PADS
(Added 12-7-96, Amended 9-22-01)
159-1 Interference with Drainage Prohibited
All parking pads shall be constructed so as not to impair drainage within the right-of-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, right-of-way or the property of some other will be permitted.
159-2 Drainage Pipe
Where a drainage ditch or swale exists, the owner or contractor shall install an adequate pipe under the parking pad. Drainage pipe installed under parking pads shall be at least eighteen (18) inches in diameter or larger if required by drainage conditions. Drainage pipes shall be installed with proper grade and so water will flow freely through the pipe.
159-3 Installation Over Utility Vaults (Amended 9-22-01)
No parking pad shall be installed over any curbside utility vault (water, power, telephone or cable TV).
159-4 Other Location Restrictions
A. A parking pad must be at least six(6) feet from any curbstand, barrel or blowoff valve and at least five (5) feet from any side property line.
B. A parking pad must be at least fifteen (15) feet from any fire hydrant.
C. No parking pad shall be installed over an on-lot Waste Treatment System.
159-5 Materials
Parking pads shall be constructed with material such as shale or crushed stone ( minimum approximate three-fourths (3/4) inch in size), and cause a minimum obstruction to the natural flow of surface water. Paving of parking pads requires a separate permit.
159-6 Minimum Width
A parking pad must be a minimum of fifteen (15) feet in width.
159-7 Paving of Existing Parking Pads
If the owner wishes to cover a standard shale or crushed stone parking pad with bituminous pavement, a special permit must be obtained from Hemlock Farms Community Association either by the owner or contractor prior to construction. (There is no charge for the permit.) The pad will be inspected prior to issuance of the permit. In order to be paved, existing parking pads must meet current parking pad standards.
159-8 Permits Required
A parking pad permit shall be obtained from the HFCA either by the property owner or contractor prior to construction.
A. Parking pad permits will only be issued for good cause following a site inspection and review by an Inspector. Extreme driveway slope of 17% or greater must be present as determined by the Inspector in order for a permit to be issued.
159-9 Assessment
In the event of violation of any requirements of this chapter, the owner will be notified in writing and given thirty (30) days to correct the violation. If the violation continues to exist after this notice period, a fine of $10 will be assessed to the owner's property for each and every day that the violation continues.