| Chapter 165 - Personnel | Chapter 170 - Standing Committee Mission Statements Chapter 173 - Property Transfers |
|Chapter 184 - Records |Chapter 188 - Recreation Facilities |Chapter 189 - Recreational Vehicles, Boats & Utility Trailers Restricted |
|Chapter 190 - Recycling Center | Chapter 193 - Representation |
|Chapter 195 - Rewards | Chapter 198 - Roads | Chapter 202 - Safe Deposit Box |

CHAPTER 165 - PERSONNEL

(Amended 9-22-01)

165-1 Adoption

The Hemlock Farms Community Association shall keep an Employee Handbook in force at all times which will describe the personnel policies and procedures of the Association as it relates to all employees, and which may be amended from time to time. The contents of the Employee Handbook, and any amendments, will be subject to the approval of the Board of Directors. Such Handbook will be given to every employee.

165-2 Control and Supervision

A. The personnel file of the Manager shall be under the direct supervision and control of the Secretary of the Corporation.

B. All other personnel files shall be under the control and supervision of the Manager.

165-3 Review by Board of Directors

Notwithstanding anything in the foregoing to the contrary, the Board of Directors, after written request, as a body may review any personnel file in executive session.

165-4 Employee's Right to Review

All employees shall be advised of their right to review their personnel file at any time while in the employ of the Hemlock Farms Community Association or within ninety (90) days thereafter.

165-5 - Purchase by Qualified Authorization (Deleted 9-22-01)

165-5 Plan Administrator; Indemnification (Amended 9-22-01, Renumbered 9-22-01)

A. An employee shall be designated by the Community Manager as the Plan Administrator for medical coverage.

B. The Association shall indemnify and hold harmless said employees against fines resulting from noncompliance with this Act, except in cases of gross negligence.

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CHAPTER 170 - STANDING COMMITTEE MISSION STATEMENTS

(Amended 3/28/98, Amended 9-22-01,10-18-03, Amended 5-22-04,4-8-06)

170-1 Approval of Standing Committee Missions Statements (Amended 7/19/98)

A. Bylaw Article 3, Section 3.11, B lists ten standing Committees. They are:

1 Appeals

2. Architectural

3. Official Publications and Information

4. Elections

5. Finance

6. Planning and Land Use

    1. Public Health, Safety and Security
    2. Public Works, Physical Properties
    3. Recreation
    4. Environmental

B. Each standing Committee has developed a Mission Statement that has been approved by the Board in a first and second reading. All subsequent revisions, whether initiated by the Committee, or requested by the Board shall be approved by the Board in the same manner.

C. As HFCA projects and tasks arise from time to time, the Board may delegate them to any one Committee or more than one Committee, Ad hoc Committee or Committee of the Board for resolution as it deems appropriate, notwithstanding the language in any single Standing Committee Mission Statement.

170-2 Standing Committee Mission Statements (Added 3/28/98)

The Mission Statement of each Standing Committee is listed below:

1. APPEALS COMMITTEE

It shall be the focus of the Appeals Committee to effectively handle all appeals that are brought to its attention and to make a recommendation to the Board of Directors in an objective and timely manner in accordance with the Hemlock Farms Community Association Codes.

2. ARCHITECTURAL COMMITTEE (Amended 4-8-06)

The responsibilities of the Architectural Committee are to advise and assist the Board in matters regarding the architecture of, and construction within the Community. In fulfilling its responsibilities, the Architectural Committee performs functions which include, but are not limited to, the following:

1. Aid and assist the Board with architectural and building construction matters on property within the community.

2. Review, revise and initiate new and existing Architectural Regulations and codes to benefit the development of the Community.

3. Perform such additional tasks as directed by the Board of Directors.

3. OFFICIAL PUBLICATION AND PUBLIC INFORMATION COMMITTEE

To bring timely information to members of the Hemlock Farms Community in a manner that is stimulating, interesting and useful.

The OPPI Committee will advise and assist the Board of Directors in communicating information about the HFCA and our Community to the membership.

The Committee will assist the editor in publishing our Official Publication, the Hemlock News; make recommendations to the Board of Directors on the use of our TV Channel 13 (MAX); Newsletters (Hemlock Happenings, ETC.); Annual Handbook; Bulletin Boards, and other methods approved by the Board of Directors to carry out these communications.

4. ELECTIONS COMMITTEE

Under the direction of the Board it is the mission of the Elections Committee to make all preparations for conducting all voting that requires the participation of the membership of the Hemlock Farms Community Association, and to safeguard the conditions of honesty, equality, and neutrality under which polling is to be conducted. All of this is to be carried out in accordance with procedures set forth in the Bylaws and Code Book of the HFCA.

5. FINANCE COMMITTEE

The Finance Committee will advise and assist the Board of Directors in areas of financial planning, financial management and control (measuring actual financial performance, comparing it against a standard; budget, prior year or other). Responsibilities and operational process:

1. Review and analyze the annual budget. The Committee, with the consent of the Board of Directors, will meet with standing committees, operating departments and possibly ad hoc groups and individuals to evaluate their needs in relation to available resources and Community priorities for the purpose of making recommendations to the Board of Directors.

2. Make recommendations to the Board of Directors regarding financial controls, budget procedures, and accountability. Evaluate purchasing process for efficiency and effectiveness.

3. Review and analyze monthly financial statements, review and evaluate expenses, capital expenditures, and income in relation to budget and financial history, and communicate to the Board of Directors accordingly.

4. Review insurance provisions and make recommendations to the Board of Directors on the adequacy of coverage.

5. Review and make recommendations to the Board of Directors on the adequacy of reserves.

6. Review budgeted and non-budgeted expense and capital proposals and make recommendations to the Board of Directors regarding adequacy and priority.

7. Analyze and create possible financial alternatives at the direction of the Board of Directors for financing projects or acquisitions with a goal of achieving efficiency and effectiveness.

8. Make other financial analysis or evaluations as deemed necessary.

6. PLANNING AND LAND USE COMMITTEE (Amended 5-15-99)

In its advisory capacity to the Board the Planning and Land Use (PLU) Committee shall develop, recommend, and coordinate the process of Community planning in Hemlock Farms, formulate and recommend land use policies and priorities, and evaluate the impact of proposed local/regional development on Hemlock Farms. The Committee's major responsibilities are:

1. Develop, review and prioritize short, medium and long range goals and objectives and recommend implementation strategies consistent with sound financial and environmental principles.

2. Advise the Board when short-term decisions may conflict with long range goals and objectives.

3. Recommend to the Board the funding of a community survey when the PLU believes it is necessary to obtain updated information. It shall be the responsibility of the PLU to assist in the formulation and analysis of such survey with the assistance of a professional firm, when needed.

4. Monitor and assess the impact of proposals for local/regional development on our community and surrounding area.

7. PUBLIC HEALTH, SAFETY AND SECURITY COMMITTEE

To insure the Health, Safety and Security of Hemlock Farms, its residents and guests, through periodic review and recommendation to the Board of Directors of pertinent issues affecting the Health, Safety and Security of all in Hemlock Farms.

1. Review of Monthly report of the Public Safety Director.

2. Assisting and advising the Board with recommendations on pertinent issues pertaining to the Health, Safety and Security of Hemlock Farms and its residents and guests.

3. Review and make recommendation to the Board of structural changes in public structures and lands as it pertains to Health, Safety and Security issues.

4. Review and make recommendations to the Board of Directors regarding policies, problems and issues referred by the Board to this Committee for review.

5. Ongoing review of code issues as they arise.

8. PUBLIC WORKS AND PHYSICAL PROPERTIES COMMITTEE

The primary responsibility of the Public Works, Physical Properties Committee is to advise and assist the Board in developing and administering an ongoing program to preserve and enhance the physical assets and infrastructure of HFCA common land, improvements and facilities.

In fulfilling the responsibility, the Public Works Committee performs functions which include, but are not necessarily limited to, the following:

1. Working with staff, as directed by Board, propose a buildings, grounds and facilities maintenance plan to meet the requirements and desires of the Community, and establish reasonable specifications and standards for maintenance.

  • On an on-going basis, monitor service requests to determine if there are any trends indicating a problem.
  • 3. Assist in the development of long range planning for the most effective preservation and future use of the buildings, grounds and facilities.

    4. Review the operation, maintenance and future needs of:

    a) Parking areas and paths, Recreation areas and buildings of HFCA.

    b) Road construction, maintenance and plowing.

    c) Solid waste and recycling.

    d) Purchase of vehicles and equipment: for PW department, maintenance of lakes, ponds and storm water drainage system.

    e) Operation of the radio system.

    f) Operation of the water system: consisting of wells, pumps, water maintenance, meters, building and all other property of Water Department.

    g) Major construction projects not assigned to special committees.

    h) The operation and maintenance of both individual and Community owned on-lot sewage treatment systems and other duties as assigned.

    5. Make recommendations to the Board with respect to road and parking area improvements, paths and sidewalk additions, lighting, other improvements to buildings, grounds and facilities.

    6. Review, discuss and report any problems, concerns or recommendations made by residents.

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

    9. RECREATION COMMITTEE (Amended 11-14-98, 10-24-03)

    The Recreation Committee shall advise on the optimal use of all Recreation Facilities and equipment at Hemlock Farms with a goal of maximum quality. our mandate is to advise the Board of Directors in all areas of Recreation and to reach all age groups with a four season Recreation Program. In carrying out its Mission, the Committee's activities will include:

    Continuous assessment of current recreational equipment, programs, services, issues and facilities;

    Consider requests, suggestions, and needs for program improvement. Make recommendations to the Board that include possible elimination, addition, implementation or improvement of service;

    Review and inspect equipment and facility needs for future replacement;

    Plan a variety of cultural arts, social, recreational and athletic events and programs during the year;

    Interact with staff and other committees to achieve quality program, project and facility development;

    Review the Association's Annual Proposed Budget and make recommendations to the Finance Committee and the Board of Directors prior to the adoption of the Annual Budget;

    Review of bids for repairs, equipment and facilities and recommend specific proposal to the Board.

    10. ENVIRONMENTAL COMMITTEE (Added 2-27-99)

    MISSION STATEMENT FOR ENVIRONMENTAL COMMITTEE

    To address pertinent issues of the environment within Hemlock Farms and our vicinity for the purpose of developing and recommending to the HFCA Board of Directors, objective, policies and programs to preserve and/or enhance the environmental quality of life in our Community. Issues to be addressed include, but are not necessarily confined to, the following areas and their interrelationships:

    1. A. Water – quantity (except for domestic consumption) and quality;
    2. B. Plant Community’s – trees, shrubs, grasses and flowers;
    3. C. Wildlife – mammals, birds, fish and other;
    4. D. Wetlands;
    5. E. Pollution;
    6. F. On-lot sewage treatment;
    7. G. Greenbelt and other Community open spaces.

    To fulfill this mission the Committee shall:

      1. Seek Community input on environmental issues through such means as focus groups, surveys and questionnaires with Board approval, in order to develop and recommend to the Board of Directors a set of principles and objectives that will define the environmental quality sought by our Community.
      2. Collect information on the scientific economic, cultural and ethical aspects of specific environmental issues and concerns and share it with the community through such means as articles in the Hemlock News, Library/Steer Barn displays, cable TV, book/video loan library, and Environmental Day.
      3. Exchange and coordinate information and work with other HFCA Committees whose work has an environmental component or impact.
      4. Engage in research and gather the data necessary to examine options and support recommendations for actions to achieve environmental objectives.
      5. Develop and recommend to the Board of Directors specific policy administrative code and/or Bylaws changes related to environmental issues.
      6. Exchange and coordinate data with other Community Associations Institute (CAI) member communities for the purpose of facilitating common environmental goals.
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    CHAPTER 173 - PROPERTY TRANSFERS (Amended 4-26-97, 7-29-00, 9-22-01, 2-28-04)

    173-1 Capital Improvement Fee

    A. In the event of a sale of any lot, the purchaser shall pay to the Hemlock Farms Community Association an amount, to be called a Capital Improvement Fee. The amount paid shall be that described in 173-1B, 173-1C, or 173-1D, as applicable to a particular sale.

    B. The Capital Improvement Fee (CIF) for an improved lot shall be 100% of the annual assessments for general common expense charged to improved lots during the most recently completed fiscal year of the Association.

    C. The CIF for an unimproved lot or an adjacent lot shall be one-half of the annual assessments for general common expenses charged to improved lots during the most recently completed fiscal year of the Association.

    D. In the case of resale or transfer of a unit which was either created or added to the planned community in accordance with Section 5311 (relating to conversion and expansion of flexible communities) as some time during the most recently completed fiscal year of the Association but was not in existence for the entire fiscal year, the CIF shall be one-half of the annual assessments for general common expenses charged to a unit comparable to such unit during the most recently completed fiscal year of the Association.

    E. Payment shall be made to the Hemlock Farms Community Association within ten (10) days of such transfer of title.

    173-2 Prohibitions (Amended 7/29/2000)

    1. No CIF shall be imposed upon any gratuitous transfer between any of the following:
      1. Husband and wife;
      2. A lineal ascendant or descendent (i.e., parent, grandparent, child or grandchild);
      3. Children of the same parent (siblings); and
      4. An individual and the individual sibling’s spouse, unless the sibling is deceased and the sibling’s spouse has remarried.

    B. No CIF may be imposed upon any person who acquires title to an unimproved lot and signs and delivers to the Association at the time of that person's acquisition a sworn affidavit declaring the person's intention to reconvey the lot within 18 months of its acquisition; and completes the reconveyance within 18 months.

    173-3 Segregation of Funds; Use of Funds

    1. CIF funds collected by HFCA shall be reserved in a separate capital account and may be expended only for capital improvement projects, as the term capital projects is defined in the HFCA Bylaws
    2. CIF funds may be used for a particular capital project only after the capital project has been authorized by the vote of the membership of the Association at a regular or special meeting called for that purpose adopting a resolution submitted by the Board of Directors, which resolution shall describe the project, its estimated cost and the manner in which all necessary funds are to be provided.
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    CHAPTER 184 - RECORDS, ACCESS TO

    (Amended 9-22-01, 12-13-03)

    184-1 Assessment of Costs (2-27-82)

    It shall be the policy of the Hemlock Farms Community Association to pass along costs incurred for researching and providing access to records (other than current minutes, Bylaws and publication).

    184-2 Rate

    The rate charged shall be derived from the average hourly wage of clerical staff, including benefits.

    184-3 Procedure for Inspection of Records (Added 2-25-89, Amended 9-22-01))

    A member must complete a Records Inspection form available at the HFCA office prior to the inspection of any HFCA records.

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    CHAPTER 188 - RECREATION FACILITIES

    188-1 Closing Date; Early Closing (Adopted 8/20/94, Amended 1-25-03, 5-16-08)

    It shall be the policy of the Hemlock Farms Community Association to keep all beaches and outdoor pool facilities open from July 4th weekend through the Labor Day weekend, unless, in the judgement of the Community Manager, circumstances warrant the early closing of a facility. The Community Manager shall consider such criteria as weather, availability of personnel, facility usage and geographical location in determining whether or not to close a facility.

    188-2 Selection of Facility for Early Closing; Notice (Adopted 8/20/94, Amended 9-22-01)

    In the event that a facility must be closed prior to Labor Day weekend, the Community Manager shall select that facility which has the lowest usage. Notification of such decision shall be conveyed to the membership in advance of the closing by means of flyers distributed at the gates, signs posted at the HFCA office and Mail Room, posting on Channel 14, and publication in Hemlock Happenings, if possible.

    188-3 Purpose (Adopted 8/20/94)

    The Board of Directors of the Hemlock Farms Community Association has adopted the following operating rules and regulations in order to foster the pleasurable use of HFCA recreation facilities, provide increased security and better facility management, and to ensure equal opportunity for all.

    188-4 Use by Residents and Guests (Adopted 8/20/94, Amended 9-22-01))

    Recreation facilities may be used by all Hemlock Farms owners and their guests. Owners and guests shall display the proper badges during all operational hours. Owners are responsible for the actions of their guests while on the premises. All other persons shall be considered trespassers unless on the premises with the permission of authorized HFCA personnel.

    188-5 Hours (Adopted 8/20/94, Amended 9-22-01))

    Outdoor recreation facilities, excluding outdoor pools, are open daily from sunrise until 10:00 P.M., except the Mail Room basketball court is open until 11:00 P.M. and for special events approved by the HFCA. Only authorized HFCA personnel shall be permitted on HFCA property after closing. All persons violating this rule shall be considered trespassers.

    188-6 Littering (Adopted 8/20/94, Amended 9-22-01)

    All owners and guests are required to deposit all their litter and refuse in refuse containers. Residential and other household garbage shall not be placed in or around recreation facility trash receptacles or dumpsters.

    188-7 Alcoholic Beverages (Adopted 8/20/94, Amended 9-22-01)

    Alcoholic beverages shall not be permitted at recreation facilities except during HFCA-authorized events.

    188-8 Illegal Activities (Adopted 8/20/94)

    No illegal activity, as defined in PA Crimes Code, shall be permitted on the premises at any time.

    188-9 Motorized Vehicles

    Motorized vehicles are prohibited on HFCA recreation property except for maintenance and rescue purposes. (This includes minibikes, mopeds, ATV's and motorcycles.)

    188-10 Glass Containers (Adopted 8/20/94)

    Because of the danger posed by broken glass, glass containers of any kind are prohibited on HFCA recreation property.

    188-11 Radios; Noise (Adopted 8/20/94)

    Radios, recorders and portable stereos must be used with earphones or kept at a volume level low enough to be heard only by the listener.

    188-12 Beaches and Pools (Amended 1-25-03)

    The Hemlock Farms Community Association rules and regulations previously established for beaches and pools shall apply to all HFCA facilities.

    A.No Swimming when lifeguard not on duty at any HFCA Facility

    188-13 Boats and Boating (Adopted 8/20/94, Amended 9-22-01, 5-16-08)

    A. Only the following boats will be allowed on the lakes:

    1. Boats, powered by oars or an electric motor.

    2. Canoes, powered by paddle, sail or electric motor.

    3. Sailboats or sailboards with a maximum sail area of ninety (90) square feet.

    4. Coast Guard approved inflatables.

    5. Paddle Boats.

    6. Kayaks.

    B. All privately owned gas-powered boat motors of any size are prohibited from use except when authorized by HFCA.

    C. All watercraft using HFCA Lakes must be registered and carry a current HFCA identification sticker.

    D. The Hemlock Farms Community Association will launch and operate boats as necessary for safety and management of lakes and ponds.

    E. The HFCA reserves the right to limit the number of boats on the water surface in the interest of safety.

    F. HFCA shall remove unauthorized boats from Association property and assess the removal/recovery fee of $100 to the member's account. If the boat is not picked up from the Association impounding area within thirty days from notification of impounding, the member’s account will be assessed $50.00 per month until such time as the boat is picked up by the member from the HFCA. If the boat is not picked up six months from the date of initial notification, it will be considered abandoned and will become the property of the HFCA to dispose of as it sees fit, following public notice.

    188-14 Docks (Adopted 8/20/94)

    The dock areas must be kept clear of bicycles, baby carriages and strollers to allow room for fishing and handling of boats, sails, paddles and oars. No one shall modify the dock in any way, but bumpers manufactured and sold to protect boats may be used.

    188-15 Fishing (Adopted 8/20/94, Amended 9-22-01)

    A. Fishing by residents and guests is permitted; however, all fishermen must observe the regulations established by the HFCA and the Commonwealth of Pennsylvania. This includes the requirement to display a proper PA fishing license and valid HFCA badge.

    B. For safety reasons, casting is prohibited from the shoreline in swimming areas.

    188-16 Safety and First Aid (Adopted 8/20/94, Amended 9-22-01)

    Safety and First Aid equipment is provided by the HFCA at each facility during the hours the facilities are staffed.

    188-17 Violations and Penalties (Adopted 8/20/94, Amended 9-22-01)

    A. Violators of these above rules and regulations for recreation facilities will be subject to prosecution or other such legal action as may be appropriate. In addition, owners will be subject to the loss of Hemlock Farms Community Association privileges in accordance with the Bylaws and applicable policies.

    B. The first offense of these rules will be a fine of twenty-five dollars ($25); a second offense is subject to a fine of fifty dollars ($50); and a third offense is subject to a fine of one hundred dollars ($100). The Community Manager reserves the right to suspend all privileges for a period of up to one year for any violation of this code chapter.

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    CHAPTER 189 - RECREATIONAL VEHICLES, BOATS AND UTILITY TRAILERS RESTRICTED

    (Added 12-13-03)

     

    189-1 Definitions:

     

    A.        Recreational Vehicle.

     

                Shall mean a vehicular type of unit or a device, whether licensed or unlicensed,   primarily designed as a temporary living quarters for recreation, camping, or          travel use, which (i) can contain its own motor power as in the case of motor             homes, or mini-motor homes; or (ii) is drawn by another vehicle or is mounted on          another vehicle as in the case of travel trailers, tent trailers, or camper trailers.

                           

    B.        Boat. 

     

                Shall mean all types of watercraft, twenty feet or longer, including trailer, whether           registered or unregistered,  licensed or unlicensed.  The term boat shall include        any wheeled trailer or device on which such boat is or may be kept, stored, or         transported, whether     registered or unregistered, licensed or unlicensed.

     

    C.        Utility Trailer.

     

                Shall mean a vehicular structure or device licensed or unlicensed, designed and/or          used for the transportation of goods, materials or livestock.

     

     

    189-2   Recreational Vehicle (RV) Boat and Utility Trailer Parking Restricted.

     

    A.        Parking/storage of RVs, boats or utility trailers is restricted under the following   point system     enforced from the road in front of the dwelling as determined by    HFCA front side setback orientation. HFCA management or designee shall be        responsible for enforcement of the Code.

     

    Distance from       Within                   Within 25’          Within 60’           Greater

    Street Frontage        Roadway                                                                             than 60’

     

    Points                                      7                         3                     1                               0

     

               

    Relationship               Front               Side                 Back                 Garaged

    To House                     

     

    Points                             3                      2                       1                           0

     

     

    Visibility         Right, Left,          Right,           Left,              Only Center,          Not

    Drive By         Center                 Center           Center            Left, or Right       Visible      

     

    Points                     3                         2                   2                         1                            0

       

     

    Length of RV             Greater than 40’                    35’ to 40’                    Less than 35’

     

    Points                                      2                                     1                                          0

               

    B.        Any RV, boat, or utility trailer is allowed to be parked/stored on any improved residential lot (lot with a house) in Hemlock Farms that receives a cumulative point total of six or less.  Any RV, boat or utility trailer scoring seven or higher is prohibited from parking/storage on any improved lot.  No RV, boat or utility trailer is allowed to be parked less than twenty-five (25’) feet from any front property line, and no less than fifteen (15’) from any other property line.

     

    C.        No RV, boat, or utility trailer parking/storage is allowed on any unimproved lot.

     

    189-3  Registration Required.

     

    Any RV, boat or utility trailer parked/stored on a lot must be registered to the resident of the lot and must have a current registration, license, inspection sticker, if required by the state in which the vehicle is registered, and insurance certificate, if applicable.  Upon the request of an agent of the Association, the resident is required to produce the above-referenced documentation.

     

    189-4. Commercially Manufactured. 

     

    Only commercially manufactured RVs, boats, or utility trailers are allowed to be parked/stored on lots in Hemlock Farms.

     

    189-5. Connection to Utilities.

     

     The connection of a recreational vehicle, boat or utility trailer to a septic system in Hemlock Farms is strictly prohibited.  Connection to other utilities is governed as follows:

     

    A.        Water –Intermittent connection to a garden hose is permitted for maintenance   and       preparation of the RV, boat or utility trailer.

    B.        Electric –Continuous connection to an electrical extension cord is permitted as long as all other provisions of this Code Chapter 189 are met.

    C.        Telephone/Cable TV – Connection to telephone or cable TV is strictly            prohibited.

     

    189-6 Parking Limitation. 

     

    The parking of more than the aggregate total of two (2) visible, member-owned recreational vehicles, boats or utility trailers regulated by this code, on or off trailers, on residential property, is prohibited.

     

    189-7  Temporary Parking. 

     

    The temporary parking of one RV, boat or utility trailer for periods not exceeding three (3) contiguous days during any thirty (30) day period is permitted on a paved or gravel surface on any improved lot, so long as the vehicle is set back no less than twenty-five (25) feet from any street right-of-way, and fifteen (15) feet from adjoining property lines.  For visits exceeding three (3) contiguous days, but not more than five (5) contiguous days, permission must be granted by the Community Manager or his/her designee.

     

    189-8 Standard of Maintenance Required. 

     

    All RVs must be maintained to an acceptable standard required to obtain state registration at all times while parked on the lot.  In addition, the area of the lot on which the RV is parked/stored must be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly.

     

    189-9 Exceptions

     

    No recreational vehicle may be used for temporary or permanent residence, for recreational use, business use or construction use, on any property within the community, except as same may be used by the Association, temporarily, in the conduct of its business.  Recreational vehicles owned by members, tenants and guests may be stored or parked on the member’s property in a closed condition, with the exception that slide-outs, pop-ups, etc. may be kept in the extended position for brief periods of time, for the purpose of maintenance, packing and preparation of the unit.  For the purpose of ventilation, windows and vents of recreational vehicles may be kept in the open position without restriction.

     

    189-10 Penalty.

     

    A .       Any person who violates any of the provisions of this code, except Section 7,    shall be subject to a fine of $50.00.  Each day during which the violation exists          shall constitute a separate violation subject to a fine.

     

    B.        Violation of Section 7 above shall be subject to a fine of $100.00 per day.  Each           day during which the violation exists shall constitute a separate violation subject          to a fine.

     

    CHAPTER 190 - RECYCLING CENTER

    ADOPTED 3/30/96 - EFFECTIVE 5/1/96

    (Amended 02-22-97, 12-15-01, 2-28-04, 12-08-07)

    190-1 Purpose and Use(Amended 2-28-04)

    The Refuse/Recycling Center is provided for the convenience of residents of Hemlock Farms to dispose of residential Solid Waste generated in Hemlock Farms including recyclable materials. The use of the facility is subject to the rules and regulations of this Chapter and the provisions of Chapter 115.

    190-2 Hours of Operations

    Refuse/Recycling Center hours will be posted at the site. HFCA reserves the right to close the facility without notice due to trash overflow, equipment maintenance, container changes or other reasonable cause. Wherever possible however, HFCA will post notice of closures in advance.

    190-3 Vehicle Access (Amended 12-15-01)

    Vehicles entering the facility for the purpose of depositing Solid Waste shall display a valid affixed HFCA resident vehicle sticker. The sticker will be displayed in accordance with Chapter 255 of the Hemlock Code. Vehicles displaying a Contractor or Vendor sticker will be prohibited inside the Refuse/Recycling Center.

    190-4 Permit Access (Amended 12-15-01)

    Vehicles may enter the Refuse/Recycling Center without a HFCA vehicle sticker for the purpose of depositing permitted Solid Waste only upon display of a valid Solid Waste Permit obtained from the HFCA office or Public Safety Department. Solid Waste permit shall be obtained and signed by the resident, authorized for issuance in writing by the property owner, or authorized for issuance through the permanent guest program established for Gate Entry. The permit will display expiration date, vehicle registration number, description of Solid Waste being deposited and the name of the property owner responsible for the permit.

    190-5 Compactor Disposal (Amended 2-28-04)

    Use of the compactor shall be limited to disposal of residential Solid Waste and shall not include those unacceptable items as posted at the site.

    190-6 Disposal of Recyclable Material

    Separation of Solid Waste for recycling purposes is recommended. Recyclable material shall be placed in the appropriate storage containers, located in the Refuse/Recycling Center, by the depositor. Recyclable material is limited to paper products of all types, co-mingled glass and plastic containers, (bottles, jugs, jars), all metal cans, and aluminum foil products. All other glass, plastic and metal materials are prohibited in recycling storage containers.

    190-7 Bulk Item Disposal (Amended 12-15-01, 2-28-04)

    Bulk Items as defined in Chapter 115-5 shall be placed for disposal at the direction of the HFCA attendant. The fee to be charged for such disposal shall be posted at the site and as indicated on the bulk disposal permit which shall be required and obtained at the HFCA Office. Bulk items shall be placed in the designated container by the depositor at the depositor's own risk. Refrigerators, air conditioners and dehumidifiers require special handling (see Chapter 115 for instructions). Other bulk items as posted at the site as unacceptable shall be prohibited except construction material that does not exceed 3 feet in length or width. All acceptable bulk items will only be accepted for disposal from Wednesday through Sunday.

    190-8 Compost Disposal Area

    Solid Waste disposed of for composting is limited to leaves only. All other Solid Waste is prohibited in the Compost Disposal Area.

    190-9 Wood and Coal Ash Area (Added 12-15-01)

    Disposal of wood and coal ashes shall be in the designated area only and must be removed from any container.

    190-10 Hazardous Waste (Amended 12-15-01, 2-28-04, 12-08-07)

    Disposal of hazardous waste as defined by state and federal regulations is prohibited at the Refuse/Recycling Center. Disposal of unacceptable items as hereinafter set forth is prohibited and the Board of Directors shall be permitted from time to time to amend the items listed as unacceptable.


    Unacceptable Items

    Anything considered hazardous waste
    Automobiles
    Building material not cut to size per code
    Explosives - including dynamite, hand grenades, blasting caps, shotgun shells, fireworks and any other explosives
    Friable asbestos
    Construction materials exceeding 3 feet in length or width
    Helium tanks
    Herbicides
    Infectious, pathological, chemotherapeutic and biological waste
    Large automobile parts, i.e., engine, transmission, rear end, frames, etc
    Motor Oil
    Paint (Oil Base)
    Paint thinners
    Pesticides
    Tires (cars or trucks)
    Tree limbs
    Vehicle batteries
    Yard Debris

    190-11 Rules Posted (Amended 12-15-01)

    Rules for depositing Solid Waste and recyclable materials will be posted at the facility and will be binding upon all users of the facility.

    190-12 Enforcement (Amended 12-15-01, 2-28-04)

    In the event of nonconformance with, or violation of one or more Code Sections, a fine of $100 will be assessed per section per incident to the property owner's account. Consistent with Bylaw provision 2.4 (c), the member (property owner) shall be responsible for any damages or violations attributable to his or her immediate family, his or her guests, tenants and invitees.

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    CHAPTER 193 - REPRESENTATION

    193-1 Representation Without Authorization Prohibited (5-20-78)

    No person may appear at meetings of any agency or governing body as a representative of Hemlock Farms Community Association without specific Board vote authorizing the selected representative to represent a specified position on a specified matter.

    193-2 Disclosure of Lack of Authority

    It shall be incumbent upon any HFCA Board member, committee member, member at large or employee, attending any meeting of any agency or governing body without such authorization, to inform such body of the lack of authority to speak for the Association on the Association's position on any matter.

    CHAPTER 195 - REWARDS

    195-1 Reward for Arrest and Conviction of Vandals (2-25-89)

    There is hereby adopted a reward of up to one thousand dollars ($1,000) for information leading to the arrest and conviction of anyone destroying or stealing Hemlock Farms property.

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    CHAPTER 198 - ROADS

    (Amended 12-15-01)

    ARTICLE I - Spring Thaw Road Regulations (6-24-89)

    198-1 Purpose

    The purpose of this article is to protect the private roads of the Hemlock Farms Community Association by limiting the weight of vehicles traveling over them at times when they are prone to special damage because of freezing and thawing conditions.

    198-2 Period of Applicability; Notice (Amended 5-16-92, 5-17-97)

    Weight limits established by this article shall apply to all Hemlock Farms roads during an aggregate eight (8) week period annually. Dates may be adjusted by the Hemlock Farms Director of Public Works and posted a minimum of seven (7) days in advance.

    198-3 Maximum Vehicle Weight Limit

    It shall be unlawful to drive, move or operate a motor vehicle or combination of motor vehicles whose total gross weight exceeds ten (10) tons over or upon any Hemlock Farms road during the period described above. Gross weight shall include the weight of any load and the weight of the driver and of any passengers.

    198-4 Exceptions (Amended 5-16-92, 12-15-01)

    Emergency vehicles (e.g., Police, Fire, Ambulance and Rescue vehicles), HFCA vehicles, Trash vehicles, Utility vehicles (including vehicles delivering fuel to be consumed within Hemlock Farms ) Moving Vans, School Buses and deliveries to HFCA, Lords Valley Country Club, The Church at Hemlock Farms and the Jewish Fellowship are exempt from the provisions of this Article.

    ARTICLE II - Restricted Vehicle Road Regulations

    198-5 Speed Limit

    A. The speed limit on all Hemlock Farms Community Association truck route roads for vehicles in excess of ten (10) tons will be twenty-five (25) miles per hour.

    B. All other roads that should be used for the purpose of deliveries, the speed limit shall be fifteen (15) miles per hour.

    198-6 Truck Routes

    A. Except for local deliveries, trucks over ten (10) tons will be prohibited from all roads except Hemlock Farms Road, Forest Drive, Mountain View Drive, Canoebrook Drive, Orchard Drive, Country Club Drive, Maple Ridge Drive, Surrey Drive (from Remuda to Maple Ridge) and Remuda Drive.

    B. Trucks over ten (10) tons found on other roads without a purpose will be cited.

    198-7 Cement Trucks

    Cement trucks in transit within Hemlock Farms may agitate their load at no more than six (6) revolutions per minute.

    198-8 Violations and Penalties (Amended 12-15-01)

    A. Any person or entity that violates any provision of these Articles shall be Subject to the following assessment:

    1. First infraction: five hundred dollars ($500) assessment to the owner of the vehicle and/or his/her company.

    2. Second infraction: seven hundred fifty dollars ($750) assessment and fourteen (14) days suspension of access to Hemlock Farms Community Association to the owner of the vehicle and/or his/her company and all other vehicles owned by this company.

    3. Third infraction: one thousand dollars ($1000) assessment and thirty (30) days suspension of access to Hemlock Farms Community Association to the owner of the vehicle and/or his/her company and all other vehicles owned by this company.

    B. In addition, the person or entity will be apprised of each infraction.

    C. Each infraction shall be expire after one (1) year from the date of the violation.

    198-9 Enforcement (Amended 12-15-01)

    A. The Hemlock Farms Department of Public Safety shall have the authority to enforce the provisions of these Articles under 252-55 of the code..

    B. Deleted12-15-01.

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    CHAPTER 202 - SAFE DEPOSIT BOX

    202-1 Location; Right of Access (Amended 6-23-84, 3-28-98,12-15-01)

    A. A safe deposit box shall be secured from a bank, approved by majority vote of the Board of Directors.

    B. The Board President, one other Board member chosen by the Board, the Community Manager and one additional person who is a Deputy or Assistant Community Manager or a Department Head, and is nominated by the Community Manager, and approved by the Board, shall have access to the safe deposit box.

    C. It shall require the presence of one Board member, and one employee, to deposit anything into, or to withdraw anything from, the safe deposit box ,except where the Board has authorized the Community Manager or his designee to open the safe deposit box for a specific purpose.

    202-2 Accountability (Deleted 12-15-01)

    | Chapter 165 - Personnel | Chapter 170 - Standing Committee Mission Statements Chapter 173 - Property Transfers |
    |Chapter 184 - Records |Chapter 188 - Recreation Facilities |Chapter 189 - Recreational Vehicles, Boats & Utility Trailers Restricted |
    |Chapter 190 - Recycling Center | Chapter 193 - Representation |
    |Chapter 195 - Rewards | Chapter 198 - Roads | Chapter 202 - Safe Deposit Box |


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