All driveways 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 or right-of-way or onto the property of some other will be permitted.

Where a drainage ditch or swale exists, the owner or contractor shall install an adequate pipe under the driveway. Drainage pipe installed under driveways shall be at least eighteen (18) inches in diameter or as required by conditions. Drainage pipes shall be installed so that the grade requirements are met and so that the water will flow freely through the pipe.

No driveway and/or parking pad shall be installed over any curbside utility vault (water, power or telephone).

B. A driveway must be at least fifteen (15) feet from any fire hydrant.

C. No driveway and/or parking pad shall be installed over a septic system.

A driveway must be a minimum of ten (10) feet in width.

For safety, and as may be required in township ordinances, it is recommend that each lot with a house have a turnaround of at least fourteen by twenty-four (14 x 24) feet situated so that a vehicle can park and turn around in order to exit the lot front end first.

Driveways shall be of material such as rock, shale or crushed stones (minimum approximate three-fourths (3/4)

inch), with minimum obstruction to the natural flow of surface water. Paving of driveways requires a separate permit.

If the owner wishes to cover a standard shale or gravel driveway and/or parking pad with bituminous pavement, a permit must be obtained from Hemlock Farms Community Association either by the owner or contractor prior to construction. The lot will be inspected prior to issuance of the permit. Existing driveways to be paved must meet current driveway standards.

The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one (10:1).

Grade requirements within the right-of-way shall conform to Figure 1 below.

Adjacent lot dues assessment shall be handled as follows: Adjacent lots with no improvements are to be assessed two-thirds (2/3) of the dues for unimproved lots.

A special assessment of twenty dollars ($20) shall be levied against any member transmitting a check to the Hemlock Farms Community Association which is returned to the HFCA, after deposit, due to insufficient funds in the member's account, said assessment representing bank charges to the HFCA and added labor costs. (Revised 4-23-96)

Members shall have the option to add to their dues payment for first class mailing of the Hemlock News.

The first-class mailing fee for a twelve-month mailing of Hemlock News shall be equal to the cost of the mailing, as maintained in the Hemlock News mailing schedule, which may change from time to time.

85-5 Members shall have the choice of paying dues in a single sum or by installments, subject to the conditions of Bylaw 6.3-D. Payment guidelines shall be prepared by the Community Manager as approved by the Board of Directors, and enclosed with the annual dues billing, setting out the terms of payment under an installment plan, including administrative fees and interest charged.

85-6 The member(s) must sign any installment plan and the Community Manager must ratify the plan no later than March 1 of each year.

85-7 Members are in good standing and will lose NO membership privileges if they comply with the terms of an installment plan and have no past due balances on their account, including but not limited to dues, water charges and other assessments.

85-8 For members on a current, ratified Dues Payment Installment Plan, simple interest at prime rate (as printed in the Wall Street Journal for the first business day of each calendar year) plus 1%, calculated from the due date, shall be added to current year dues balances outstanding after March 1, as per Bylaws Section 6.3-C.

85-9For all other amounts past due, including dues, water billings and other assessments, the interest rate shall be the maximum allowable rate as stated in the Uniform Planned Communities Act, for the first business day of each calendar year. Administrative charges may also apply, as stated in Payment Guidelines which shall be enclosed with the annual dues billing.

During the time when polls are open for annual elections, electioneering shall be prohibited within the Steer Barn/designated voting area, or other voting place designated by the Board of Directors, and within fifty (50) feet from all entrances.

Attendance in the voting area at the conclusion of the voting shall be limited to Board Members the candidates and their respective spouses, or one other designated person, press representatives, Election Committee Members and the HFCA Community Manager and Designees.

The hours for voting during the annual Hemlock Farms Community Association elections shall be 11:00 a.m. to 5:00 p.m. on the first day and 10:00 a.m. to 5:00 p.m. on the second day.

The hours for voting at a Special Membership Meeting shall be set by the Board of Directors.

To be eligible to vote in an HFCA election, property owners must meet the following standards:

Rules for operations, equipment, and supplies for elections shall be approved by the Board of Directors. A current copy of the approved Rules, Procedures and Equipment shall be on file at the HFCA Administration Office for review by any member at all times.

Electrical service and other Pennsylvania Power and Light (PP&L) specified installations shall be inspected by a PP&L approved inspection agency.

A copy of the certificate of electrical approval shall be submitted to the Hemlock Farms Community Association.

The following soil conservation, watershed protection and erosion prevention rules will be enforced by the HFCA.

On all of the following items, Subsections A through G, plans must be submitted and approved:

Dumping, filling, digging or otherwise altering the shoreline of lakes, ponds or inlets to Hemlock Farms lakes, ponds or inlets is prohibited. This includes adding of sand, removal of rocks, digging out of stumps and the like. Existing sandy/gravel waterfront areas will be removed by July 1, 1988, and allowed to return to their natural state. Asphalt roads to beach areas are not permitted and must be removed by July 1, 1988.

At the construction site, it is recommended that only undesirable trees be removed, and no more than are absolutely necessary. Remaining trees shall be preserved by digging wells and removing soil buildup around them. Trees that will be removed must be marked for the Inspector's review.

All vegetation at the shoreline of ponds and lakes must be preserved. Vegetation previously removed must be allowed to return to its ultimate natural state.

6. Responsibility for Maintenance

The maintenance of vegetation and/or other permanent erosion preventive measures is the continuing responsibility of the property owner.

An Association Facility is defined as any property, parcel of land, building, or any portion thereof, which is owned, operated and maintained by the Association.

An Association Facility may be reserved for use by an approved organization subject to the conditions of use. Individual Association members in good standing may reserve a Facility for use, subject to the same use conditions and payment of any fee(s) established for such use.

A request to use a Facility shall be made in writing on a Facility Use Permit, which shall be obtained from the HFCA Office. Conditions of use are detailed on this application, the contents of which shall be approved by the Board of Directors.

All users of any Association Facility shall be bound by the rules and regulations of the Association, the rules posted at the Facility, and the conditions of use detailed in the Use Permit.

The following list constitutes those groups and individuals approved for use of a Facility under this Chapter:

The member or organization permitted to use the Facility shall be responsible for all damages attributable to guests, tenants and invitees, including violations of rules and regulations incurred by same as a result of the permitted use.

1. It shall be prohibited to place or offer any food or enticement on any property located within Hemlock Farms which results in attracting or feeding deer, bear, geese or turkey.
2. Assessments:

First Offense $100.00

Second Offense $200.00

Third and Subsequent Offenses $200.00

Fees for individual programs shall be the same for each person enrolled regardless of the number of members of a family who may also enroll. This policy shall apply to all group lessons as well as to courses, programs and facilities.

In the event that rates can be reduced because of a reduction in costs or an increase in enrollment (above that upon which fees were fixed), then the fee for each person enrolled must be reduced equally.

There shall be no refund issued for any type of payment to the Association, except in cases where errors have been made by the Association, said errors to be determined by the Community Manager or the Board of Directors or where a program must be canceled.

The HFCA shall prepare and maintain a schedule of fees and charges for those facilities and programs where such revenues are necessary to support their continuation. All fee schedules shall be submitted to the Community Manager/Finance Committee for review during the budget process prior to their implementation. Fees and charges for concessions operated under contract with HFCA shall be established by the respective concessionaire, subject to the approval specified in their respective contracts.

Specifically excluded from this category of activities shall be HFCA activities listed in 103-10. Paragraph B and G of this Code.

2. A fee will expand activities for all people with the least possible cost to masses; therefore, charging aids in the providing of activities of a special interest nature that extends the program beyond the normal operation. The extension of recreation services shall be used on need and not entirely on the revenue-producing value of the service.

3. Use of the service or facility tends to be limited to special interest groups of a private character; therefore, those who benefit to the exclusion of others should pay something extra for the privileges enjoyed.

4. Association property is used for private economic gain; therefore, the fees charged for use of recreation facilities by private and closed membership groups shall be comparable to commercial rates.

5. Admission to special events where profits are used to extend the activity or cover the cost of the event.

6. Imposition of a fee serves an independent function such as:

a) Aiding in discipline and control.

b) Promoting respect for the activity and/or service.

c) Allocating limited facilities among a large number of users.

1. The community demands more activities, more services and no increase in Association dues.
2. When a service is enjoyed by nonmembers who have not supported the service through Association dues.

Through the development and proper use of appropriate standards, a more-effective recreation operation will result. This general objective is assisted by a common classification system to identify revenue-producing activities which has been developed by the American Institute of Park Executives and adopted nationally by the National Recreation and Parks Association. These classifications are as follows:

A. "Entrance fees" are charged to enter a large park, botanical garden, zoological garden or other developed recreational area. The areas are usually well defined but are not necessarily enclosed. The entrance is the patron's first contact with the park; however, it may contain additional facilities or activities for which fees are charged.

B. "Admission fees" are described as charges made to enter a building, structure or natural chamber. These facilities usually offer an exhibit, show, ceremony, performance, demonstration or special equipment. Entry and exit are normally controlled, and attendance is regulated.

C. "Rental fees" are payments made for the privilege of exclusive use of tangible property of any kind. This fee gives the patron the right of enjoying all the advantages derivable from the use of the property without consuming, destroying or injuring it in any way.

D. "User fees" are defined as charges made for the use of a facility, participation in an activity or fares for a controlled ride. The patron usually enjoys the privilege of use simultaneously with others.

E. "Sales revenues" are revenues obtained from the operation of refectories, stores, concessions, restaurants, etc., and from the sale of merchandise or other property. Unconditional ownership of the item must pass from the seller to the buyer with each sale.

F. "License fees" and "permit fees" are synonymous. A license is a written acknowledgement of consent to do some lawful thing without command, and it is usually issued by a division of government. A license ordinarily involves permission to perform an action, but it seldom grants authority to occupy space or use property.

(Added 4/27/02 to be implemented immediately)

GENERAL POLICY – FENCES

Hemlock Farms Community Association intends, among other things, by adopting and enforcing its Code of Regulations to emphasize, protect, promote and enhance generally the natural beauty of the community and, 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 permanent, generally unobtrusive fences to exist on residential lots in the community so long as the fences 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 106 Regulations.

1.1 The Association regulates all fences in Hemlock Farms that are not specifically exempted in this Article. A property owner must therefore apply for and receive a fence permit before constructing any fence, in compliance with the standards in this Article. The HFCA Building Inspector and Architectural Committee shall review applications for fences and accompanying site plans as submitted by lot owners who wish to erect fences in the community, and the HFCA Building Inspector shall issue fence permits based on applications that comply with the standards of this Chapter

ARTICLE 11 – Certain Exempt Fences Require No Permit

The following fences are exempt from this regulation as noted.

2.1 Fences made of safe, flexible plastic mesh or other similar materials that cannot be easily observed from any road or from neighboring properties, and which are used primarily to keep deer away from landscape plantings.

2.2 Fences already erected or built later on common properties owned by the Hemlock Farms Community Association that are used by the HFCA for the benefit of all lot owners.

2.3 Existing fences on residential lots in the community as of the date of initial adoption of this Article II, April 27, 2002 which fences are allowed to remain in place for the balance of the useful life of the existing fencing materials, so long as the fences are properly maintained.

3.1 Any owner of a lot in Hemlock Farms may erect a fence on the lot upon receipt of a fence permit from the Hemlock Farms Building Department. There is no permit fee required. To apply for a permit, the owner (or the owner’s representative) must file a completed application form with the Building Department, along with two copies of a completed Site Plan. The Site Plan shall show:

4.1 The erection of a fence without a permit, or non-compliance with any other legal conditions affecting a permit shall result in the issuance of a stop work order by the Building Inspector and, if the problem continues, revocation of the permit and ultimately removal of the fence. The expense of removal will be borne exclusively by the owner of the lot upon which the fence is erected. In addition, the Association may impose a fine of $250.00 (two hundred and fifty dollars) against the lot owner for each instance of non-compliance, plus $100.00 (one hundred dollars) for each month of non-compliance.

5.1 Property owners who apply for but are denied a permit by the HFCA Building Inspector may appeal the denial to the Architectural Committee and ultimately to the Board of Directors or its designee following the procedures found in Chapter 15 – 10 of the Architectural and Construction Guidelines. Similarly, any person adversely affected by any decision of the Building Inspector may appeal the decision to the Architectural Committee, in the manner stated in the Handbook of Architectural and Construction Guidelines and ultimately to the Board of Directors.

Solid Waste shall originate from HFCA properties. Disposal of Solid Waste generated at locations outside of HFCA property is not permitted.

Solid Waste generated at each residence shall be placed for disposal at a location not more than ten (10) feet from the edge of the HFCA road (herein called Curbside) for house-to-house pick-up or deposited at the HFCA Refuse/Recycling Center when Center is open.

Although Solid Waste includes household furnishings, appliances, (all such materials called Bulk Items herein) bulk items that cannot be contained as described in 115-4 shall be disposed of by contacting the refuse hauler. Resident shall arrange for removal and payment for bulk items according to a price schedule issued by the refuse hauler. Alternatively, the resident may dispose of bulk items at the Refuse/Recycling Center, when Center is open, subject to the rules in Chapter 190 and in accordance with the fee schedule maintained in the HFCA office which may be amended by the Association Board of Directors from time to time.

Appliances including, but not limited to, refrigerators, air conditioners and dehumidifiers require special handling. Such appliances shall be disposed of by the resident directly to the refuse hauler or the appliance shall be "certified" as being free of freon by a certified refrigeration specialist (in accordance with federal regulations) before disposal at the Refuse/Recycling Center when Center is open.

Resident shall arrange for removal and payment for bulk items according to a price schedule issued by the refuse hauler. Alternatively, the resident may dispose of bulk items at the Refuse/Recycling Center, when Center is open, subject to the rules in Chapter 190.

Storage of Solid Waste, on residential property, that is not confined within a building structure, is prohibited except Solid Waste stored as described in 115-4.

Disposal of Solid Waste (Dumping) on HFCA property including common areas adjacent to HFCA roads is prohibited, except at Curbside locations at times of scheduled Curbside pick-ups and in the Refuse/Recycling Center when Center is open.

Disposal of Solid Waste, generated at residence, is prohibited at HFCA facilities, except at the Refuse/Recycling Center when Center is open.

In the event of nonconformance with, or violation of one or more of Code Sections of this Chapter a fine of $50 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.