Environmental Control Committee (ECC) Rules & Procedures Manual
Association of Property Owners of the Hideout, Inc. Version January 2024 The MISSION of the Association is to maintain a Gold Star, four-season recreational, private, gated community.
THIS MANUAL IS A COMPILATION OF ALL ENVIRONMENTAL CONTROL REGULATIONS THAT ARE CONTAINED IN THE POA PROTECTIVE COVENANTS, BYLAWS, AND HIDEOUT RULES & REGULATIONS. THE ENVIRONMENTAL DEPARTMENT, ALONG WITH THEIR RELATED COMMITTEES, WILL MONITOR AND ENFORCE BOARD APPROVED REGULATIONS. ALL PROJECTS ARE TO ADHERE TO THE FOLLOWING: 2018 INTERNATIONAL RESIDENTIAL CODE 2017 NATIONAL ELECTRICAL CODE. (2/14/2022)
Forward The Governing Documents of The Association of Property Owners of the Hideout, Inc. are comprised of, but not limited to, Protective Covenants (PC), Bylaws (BL), and Resolutions approved by the Board of Directors pertaining to Rules & Regulations (BDR) and ECC rules and procedures (ECCR). This manual will attempt to consolidate those rules and regulations that pertain to environmental procedures involved with the process of making improvements to a Member’s lot. In no way is it an attempt to change, override or supersede any existing Governing Documents or Governmental regulations, and any omission of any existing Governing Documents or Governmental regulations does not alleviate the responsibility of Members, Guests, agents of Members, etc. from adhering to them. No provision of these rules of the Declaration shall be construed so as to conflict with Pennsylvania Building and Environmental Laws, Codes, and/or Rules & Regulations. The requirements of these rules, or the Declaration of Protective Covenants may be more restrictive than those of Pennsylvania Laws, Codes, and/or Rules & Regulations. (ECCR Section 132 4/20/83) In the interpretation and the application of the provisions of these rules, they shall be held to be the minimum requirements for the promotion of health, safety, and general welfare. It is not intended to interfere with, or abrogate, or annul other Rules & Regulations, or Codes of Township, State or other agencies in jurisdiction, provided that where these rules impose greater restrictions upon the use of buildings or premises, the provisions of these rules shall prevail. (ECCR Section 1 4/20/83) If any section, subsection, sentence, clause or phase of this Code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Code. (ECCR Section 1 4/20/83) Every provision of this Manual is hereby declared to be independent of, and severable from every other provision of the Manual. If any such provision shall be held to be invalid or unenforceable, that holding shall be without effect upon the validity or enforceability of any provision of this Manual. (ECCR Section 1703 01/01/75) Full versions of the Protective Covenants, Bylaws, Consolidated Rules & Regulations, and this manual are accessible at www.hideoutassoc.com.
MISSION The purpose of the Environmental Control Committee (ECC) is to protect the value, desirability, and attractiveness of the Association as a whole and each of the parcels situated within the community in order to maintain a degree of harmony in keeping with the character of the community. Utilizing the powers and duties established in the Declaration of Protective Covenants, dated May 11, 1970, the ECC will monitor and control the actions of each individual property owner associated with improvements constructed on any lot within the Association.
GOAL The actions of the ECC will be performed at a professional level and in a timely manner conforming to the duties identified in the Declaration of Protective Covenants. The ECC will treat all parties that come before it with equal parity and to provide guidance solving ECC related issues. It must be understood that every action of the ECC is for the benefit of the entire community and not to promote any selective treatment.
PROTECTIVE COVENANTS 6. The Environmental Control Committee A. General Powers of the Committee (i) Power to Approve Plans
No improvement may be constructed on any lot without the prior written approval of the Committee. Such approval shall be granted only upon written application in the manner and form prescribed by the Committee, accompanied by two sets of plans and specifications for such improvement. The application shall show the location of all improvements existing upon said Lot, the location of the improvement proposed to be constructed, the color and composition of all exterior materials to be used, any proposed landscaping, and any other information which the Committee may require.
ECC ORGANIZATION AND MEETING RULES 1. The Environmental Control Committee (ECC) shall elect their Chairperson who will facilitate the meetings and be responsible for overall coordination of the committee. Election will take place either the last meeting of November or the first meeting of December each year. 2. Regular Meetings will be scheduled a minimum of two (2) times a month. The Chairperson may call an unscheduled meeting, with a three (3) day notice (for emergency or urgent purposes less than 3 days or whatever is agreeable to the members), in order to facilitate a timely disposition of any matters requiring special attention by the ECC. Should the Chairperson be unavailable another ECC Member may act as the Chairperson, however, a quorum of two (2) ECC Members is required for any complex permit approval or similar action to be taken. As a result of a Resolution voted at the April 16, 2011 Board Meeting, the liaison appointed by the Board of Directors, may be called upon to act in behalf of an ECC Member to satisfy the quorum requirement. 3. The exception to #2 above will be approval of any non-complex no fee permit application (such as but not limited to painting, staining, vinyl siding, and re-roofing) that shall be delegated to either the Environmental Administrative Assistant, Facilities Manager, or Environmental Manager to approve with the ECC. Permits that are approved by either the Facility Manager or the Environmental Manager shall be presented to the ECC at the next scheduled meeting and shall be recorded in the minutes of the meeting. In addition, the Environmental Administrative Assistant, and the Environmental Manager shall be delegated the power to execute letters of notification pertaining to actions taken with ECC matters. 4. An Agenda shall be drafted and distributed two (2) days prior to the meeting. The Agenda shall be a combined effort of the Committee and the Environmental Administrative Assistant in order to ensure all issues are addressed. 5. It is a requirement that accurate minutes of the meeting are recorded to provide adequate data supporting the final disposition of any issues that come before the ECC. The minutes shall be published in Association media. The Chairperson has the responsibility to ensure the task is performed. 6. The Environmental Manager, acting as a liaison for Association Management, shall attend the scheduled meetings. The Environmental Administrative Assistant shall attend to record the minutes and provide administrative support to the ECC. The Facilities Manager and Public Safety Manager may also be expected to attend for information and advice on ECC matters. 7. In the instance where additional information is required, the ECC is empowered to request an appearance before the ECC by the Member applicant to present information to support an issue being considered by the ECC. 8. ECC meetings are considered open meetings and may be attended by Members of the Association that are considered “Members in good standing”. The exception will be meetings, or parts of a meeting, that involve items in Association Protective Covenants and/or Bylaws which may necessitate a “Committee Members only” session. In those cases, only the ECC Members, and those who the ECC Members feel should be in attendance, will be permitted to attend. In addition, minutes of those sessions will not be published in Association media.
IMPORTANT CONTACT INFORMATION
Hideout Main Office ......................................(570) 698-4100 Environmental Manager .................................ext. 120 Permitting Officer ...........................................ext. 120 Facilities Manager ...........................................ext. 136 Environmental Administrative Asst ................ext. 108 Public Safety Manager ....................................ext. 143 Roamingwood Sewer & Water .......................(570) 698-6162 Lake Township (Township Permits) ..............(570) 698-0444 (Mon – Thurs 12:30 pm – 4:00 pm; 9:00 am – 12:00 pm (2nd & 4th Saturday)
Salem Township (Township Permits) ............(570) 689-4663 (Mon – Thurs 7:30 am – 12:00 pm)
********************************************************** 2024 PERMIT APPLICATION FEES
(Fees are subject to change) No-Fee Permit Applications: Painting – Staining (Must submit color sample) Re-Roofing (Must submit color sample) Siding (Must submit color sample) Electrical Fence for Pets Generic/Miscellaneous Projects (Gutter/Window/Door Replacement, etc.)
Fee Based Permit Applications: Deck (Replacement) ....................................... $ 50.00 Deck (New) ..................................................... $ 75.00 Dock/Bulkhead/Shoreline Improvement ....... $ 60.00 Driveway (New or Re-top) .............................. $ 50.00 Excavation/Demolition ................................... $ 40.00 Fuel Storage Tanks (Propane/Oil) .................. $ 20.00 Garage – (Attached or Detached) ................... $100.00 Generator........................................................$ 20.00 Safety Railing...................................................$ 40.00 Home Additions ............................................. $100.00 Landscape (Major) ..........................................$ 40.00 New Single-Family Home ............................... $600.00 Parking Pad ..................................................... $ 45.00 Patio ................................................................ $ 40.00 Pet Enclosure .................................................. $ 10.00 Porch/Sunroom .............................................. $100.00 Retaining Wall ................................................ $ 30.00 Roof Mounted Solar Systems ......................... $ 15.00 Satellite/DISH Antenna .................................. $ 10.00 Storage Sheds/Gazebo .................................... $ 45.00 Tree Removal ................................................. $ 25.00 Almost all exterior work in the Association requires a Permit. Likewise, it is the Homeowner’s responsibility to ensure if a Township Land Use or other permit is required for a specific project.
Need Additional Permits/As Built Survey? Check table below. ECC Review Required?
Lake/Salem Township Permit Required
Deck (NEW)
Yes
Deck (REPLACE)
Yes
Yes No (unless changing footers)
Permit Type
Wayne Conservation District Permit Required No
Depends on plans
No
Depends on plans
As Built Survey Required?
Docks/Bulkhead/Shoreline Improvement Driveway (NEW/RETOP)
Yes
No
Yes
Yes
Yes
No
No
Yes
Retaining Wall
Yes
Depends on Hgt.
No
Depends on plans
Parking Pad
Yes
No
Yes
Railings
Yes
No
No
Excavation/Demolition
Yes
No
Depends on plans
Garage (ATTACHED/DET.)
Yes
No Depends on plans Depends on plans Yes
No
Yes
Generator
Yes
No
No
Depends on plans
Home Addition
Yes
No
Yes
Major Landscaping
Yes
No
Depends on plans
Depends on plans
Yes Depends on plans Depends on plans
Depends on Plans
Depends on plans
New Single-Family Dwelling
Yes
Yes
No
Porches/Sunrooms
Yes
Yes
No
Yes, 3 stages throughout the project Yes
Patio
Yes
Yes
No
Yes
Pet Enclosure
Yes
No
No
Yes
Electric Pet Fence
Yes
No
No
Depends on plans
Fuel Storage (Oil/Propane)
Yes
No
No
Depends on plans
Re-Roofing
No
No
No
No
Satellite Dish Antenna
No
No
No
No
Siding/Paint/Stain
No
No
No
Storage Sheds/Gazebos
Yes
No
Depends on plans
Roof Mounted Systems Tree Removal (DEAD/DYING/HAZARDOUS) Tree Removal
Yes
No Yes (if over 100 sq. ft.) Yes
No
No
No
No
No
No
Yes
No
No
No
Generic
MAP SHOWING LAKE/SALEM TOWNSHIP LINE
In 2023, Association Building Permits are Not Required For: • • • • • • • • • • • • • • • • • • •
Power Washing (Hard or Soft); Window Washing Gutter cleaning Snow Removal Services Lawn Maintenance: Routine mowing and maintaining lawns and gardens (leaves), by homeowner or landscaping company or cleanups Mulching/Tree Planting/Gardening Related… Lattice installation surrounding propane tanks or underneath decks Maneuvering gravel previously laid Removing trees less than 3 inches in Diameter at Breast Height (DBH) as well as branch trimming Cutting up and removal of downed logs/trees Any projects performed inside the home Receiving deliveries, such as Furniture, etc. – (No need to contact Environmental Department, but lot owner must contact Main Gate.) Dumpsters/PODS (Environmental Department to be notified Owner of Lot, Street, Date in, Date Out and Reason). Environmental will contact Public Safety on PO’s behalf. Touching up paint/stain on address post. All other paint/stain projects will require the no-fee permit. Installing/Replacing an Address Post Contractor Quotes/Estimates/Land Survey Work Decorations (Just ensure they are not permanently attached to trees and if for certain holidays, are removed within 2 weeks of that Holidays closing) Driveway seal coating Culvert/Ditch/Swale Cleaning Propane/Oil Refills
Almost all other projects will require a permit, fee or no fee. Contact Permitting Department at x108 for guidance or refer to the Association website (www.hideoutassoc.com).
From the home page, select RESOURCES…then select Environmental Control (ECC Permits) from the dropdown menu. This will take you to the Environmental page. Staff can be reached via email at environmental@thehideout.us
HIDEOUT ECC MANUAL RULES & REGULATIONS – PROPERTY IMPROVEMENTS TABLE OF CONTENTS Mission ............................................................................................................................................ 4 Goal ................................................................................................................................................. 4 Protective Covenants ...................................................................................................................... 4 ECC Organization and Meeting Rules.............................................................................................. 5 Important Contact Information....................................................................................................... 6 2023 Permit Application Fees ......................................................................................................... 6 MAP SHOWING ............................................................................................................................... 9 LAKE/SALEM TOWNSHIP LINE ......................................................................................................... 9 Hideout ECC Manual ..................................................................................................................... 11 Rules & Regulations – Property Improvements ............................................................................ 11 SECTION A – Definitions .................................................................................................................. 1 Association ......................................................................................................................................... 1 Animals .............................................................................................................................................. 1 •
Household Pet ........................................................................................................................ 1
•
Service Animal:....................................................................................................................... 1
•
Emotional Support Animal (ESA):........................................................................................ 1
Board ................................................................................................................................................. 1 Bylaws ................................................................................................................................................ 1 Committee ......................................................................................................................................... 1 Common Areas ................................................................................................................................. 1 Declarant............................................................................................................................................ 2 Declaration ........................................................................................................................................ 2 Development ..................................................................................................................................... 2 Earth Satellite Antenna...................................................................................................................... 2 Earth Satellite Station ........................................................................................................................ 2 Easement ........................................................................................................................................... 2 Gazebo ............................................................................................................................................... 2 Improvements.................................................................................................................................... 2 Improved Lot .................................................................................................................................... 2
Lot ...................................................................................................................................................... 2 Member ............................................................................................................................................. 2 Member in Good Standing ............................................................................................................... 2 Model Home ..................................................................................................................................... 3 Open Fire .......................................................................................................................................... 3 Owner ................................................................................................................................................ 3 Pergola ............................................................................................................................................... 3 Permit ................................................................................................................................................ 3 Policy:................................................................................................................................................. 3 Property Surveys ................................................................................................................................ 3 •
As Built Survey: ...................................................................................................................... 3
•
Plat Plan .................................................................................................................................. 4
•
Plot Plan.................................................................................................................................. 4
Self-Contained Vessel ........................................................................................................................ 4 Setback ............................................................................................................................................... 4 Shed: .................................................................................................................................................. 4 Spark Arrestor: .................................................................................................................................. 4 Single-Family Dwelling ...................................................................................................................... 4 Spec Homes ...................................................................................................................................... 4 Contractor: ......................................................................................................................................... 4 Subcontractor:.................................................................................................................................... 4 Utility Lot ........................................................................................................................................... 5 Variance ............................................................................................................................................. 5 Variance Approval requirements (added July 2022) ................................................................ 5 SECTION B – The Environmental Control Committee ..................................................................... 5 Committee Membership: .................................................................................................................. 5 Conflicts ............................................................................................................................................. 5 Duties of the Committee ................................................................................................................... 5 General Powers of the Committee ................................................................................................... 6 Appeals .............................................................................................................................................. 6 Hearings ............................................................................................................................................. 7 Indemnification of Committee Members......................................................................................... 8 Liability of Committee ...................................................................................................................... 8 Section C – Building Permits ........................................................................................................... 8 Permit Application ............................................................................................................................ 8
ECC Code Enforcement ................................................................................................................... 9 Permit Requirements......................................................................................................................... 9 Permit Issuance ............................................................................................................................... 10 Contractor Hours ............................................................................................................................ 10 General Clean-Up: .......................................................................................................................... 10 Permit Privileges .............................................................................................................................. 10 Contractor Signage .......................................................................................................................... 11 Permit Renewal ............................................................................................................................... 11 Completion of Construction ........................................................................................................... 11 SECTION D – GENERAL APPLICATION – COMMON AREAS............................................................ 11 Ownership: ...................................................................................................................................... 11 SECTION E – GENERAL APPLICATION MEMBER LOTS ................................................................... 12 Accessory Buildings......................................................................................................................... 12 Animals/Pets (Updated 8/26/2022) ........................................................................................... 12 Domestic Pet Population Policy: ................................................................................................ 12 Enclosure for Pets ....................................................................................................................... 13 Electric Fences............................................................................................................................. 13 Change of Occupancy ..................................................................................................................... 13 Clotheslines...................................................................................................................................... 13 Color Approval ................................................................................................................................ 14 Exterior Siding and Trim ............................................................................................................ 14 Culvert Pipe Installation .................................................................................................................. 14 Decorative Fencing: ......................................................................................................................... 14 Ditches and Swales .......................................................................................................................... 14 Docks, Piers, or Shoreline improvements ...................................................................................... 14 Drilling and Mining ......................................................................................................................... 15 Driveways: ........................................................................................................................................ 16 Earth Satellite Antennas .................................................................................................................. 17 Earth Satellite Station ...................................................................................................................... 17 Environmental Control ................................................................................................................... 18 Excavation Guarding/Blasting: ........................................................................................................ 18 Excavation/Demolition .................................................................................................................... 18 Exterior Decks and Porches ........................................................................................................... 18 Exterior Materials & Environmental Beauty .................................................................................. 19 Environmental Beauty................................................................................................................. 19
Fences .............................................................................................................................................. 19 Fuel Tanks and Trash Receptacles ................................................................................................. 19 Garages (Detached) ......................................................................................................................... 19 Generators ....................................................................................................................................... 20 Lot Maintenance.............................................................................................................................. 21 Lawn Fertilizer ................................................................................................................................. 21 Lighting ............................................................................................................................................ 22 Model Homes – Restriction on Construction ................................................................................ 22 Model Home Procedure and Requirements ............................................................................. 22 Moving a Building ........................................................................................................................... 22 Removal of Building ........................................................................................................................ 23 Open Fire ........................................................................................................................................ 23 Pavement Protection ....................................................................................................................... 23 Propane Tanks ................................................................................................................................ 23 Protective Barriers ........................................................................................................................... 27 Quiet Hours..................................................................................................................................... 27 Re-Subdivision ................................................................................................................................. 27 Road Damage Compensation ......................................................................................................... 27 Sewage Disposal .............................................................................................................................. 28 Sheds, Gazebos, Pergolas ................................................................................................................ 28 Signage ............................................................................................................................................. 28 Commercial Signage.................................................................................................................... 28 Lot Signage .................................................................................................................................. 29 Swimming Pools .............................................................................................................................. 29 Solar Policy (3/18/23) ...................................................................................................................... 29 Temporary Structure Restrictions ................................................................................................... 30 Tree Removal .................................................................................................................................. 30 Tree Replacement ........................................................................................................................... 30 Trailers ( 4/8/22):............................................................................................................................. 30 Unsafe Building ............................................................................................................................... 31 Used Building: ................................................................................................................................. 31 Water System .................................................................................................................................. 31 Wetlands .......................................................................................................................................... 31 SECTION E – LAND USE .................................................................................................................. 32 Firewood: ......................................................................................................................................... 32
Floor Area Required ....................................................................................................................... 32 Residential Lots ............................................................................................................................... 32 SECTION F – PROVISIONS WITH RESPECT TO LAKES & LOTS ........................................................ 33 Declarant’s Non-Responsibility for Damages ................................................................................. 33 Ownership of Lake Front Lots ....................................................................................................... 33 SECTION G – EASEMENTS .............................................................................................................. 33 Joinder of Lots ................................................................................................................................. 33 Liability for Use of Easements ........................................................................................................ 33 Reservations ..................................................................................................................................... 33 Use of Maintenance by Owners...................................................................................................... 34 SECTION H – PURPOSE, DUTIES AND POWERS OF ........................................................................ 37 the Association .............................................................................................................................. 37 Duties ............................................................................................................................................... 37 Purposes .......................................................................................................................................... 37 SECTION I – MEMBER ACCEPTANCE AND OBLIGATIONS .............................................................. 38 Grantee’s Acceptance Subject to Declaration ................................................................................ 38 Obligation ........................................................................................................................................ 38 Procedural and Insurance Requirements ....................................................................................... 38 SECTION J – TREE REMOVAL & REPLACEMENT POLICY ................................................................ 39 Article I ............................................................................................................................................ 39 Tree Removal Regulations .......................................................................................................... 40 New Construction Related Tree Removal ................................................................................. 41 Review and Approval of Permits ................................................................................................ 41 Criteria for Approval or Disapproval of Permit ......................................................................... 41 New Construction Criteria Considerations................................................................................. 41 Non-construction Criteria Considerations .................................................................................. 42 Appeals ........................................................................................................................................ 42 Inspections ................................................................................................................................... 43 Authorization to Enter Upon Land ............................................................................................ 43 Permit Fees and Penalties for Tree Removal............................................................................. 43 ARTICLE II – ADJUTANT PROVISIONS FOR HIDEOUT TREES and SHRUBS .......... 43 Prohibited Acts ............................................................................................................................ 43 Planting on Hideout Common Areas and Set Backs Prohibited .............................................. 43 Maintenance of Trees and Shrubs.............................................................................................. 44 Notice to Property Owner for the Removal of Dangerous Trees and/or Shrubs..................... 44
Removal – Dangerous Trees or Shrubs within the Right-of-Way of the POA roadway: ......... 44 Compliance: Violations and Penalties ........................................................................................ 44 Continued Violations .................................................................................................................. 44
THE CONTENTS OF THIS MANUAL ARE SUBJECT TO REVIEW, CHANGE, OR DELETION ON AN ANNUAL SCHEDULE OR AS DEEMED NECESSARY.
SECTION A – DEFINITIONS ASSOCIATION: Means the Association of Property Owners of The Hideout, Inc., DBA (doing business as) “HIDEOUT POA INC”, a Pennsylvania not-for-profit corporation (amended
8/11/2023).
ANIMALS: •
Household Pet: Shall mean domestic animals ordinarily permitted in a place of residence, kept for comfort, company and pleasure, such as dogs, cats, domestic birds, guinea pigs, white rats, rabbits, mice, and other similar animals generally considered by the public to be kept as pets, excluding fowl. For one (1) family residences, a combination of dogs or cats is not to exceed the maximum of five (5) total. Rabbits, domestic birds and other similar animals are permitted, where the total number of animals in one (1) place of residence shall not exceed five (5). All puppies and kittens over the set limit of five (5) shall be properly removed by the 10th week of birth
•
Service Animal: Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks or do work for the benefit of for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. Under Pennsylvania law and (ADA), people with disabilities may bring their service animals to all public accommodations.
•
Emotional Support Animal (ESA): Also called companion animals, do not receive special training to perform tasks that assist people with disabilities, and are not limited to dogs. ESA’s have a strong human-animal bond with their owners, allowing them to give support to people with a mental, emotional, or psychiatric disability. In Pennsylvania, ESAs are not guaranteed access to public places and businesses in the same way that service animals are.
BOARD: “Board of Directors” or “Board” is the group of persons vested with the management of the business and affairs of the Association as is more fully set forth in the Bylaws, as amended December 29, 1979. BYLAWS: Means the written code or codes of rules for the regulation or management of the business and affairs of the Association as adopted from time to time, as amended December 29, 1979. COMMITTEE: Means the Environmental Control Committee (PC 1d 5/11/70) COMMON AREAS: Means 1. All streets, lakes, parks, recreational and community facilities and all other areas in the Development not subdivided into Lots, except the areas designated as Tracts 1, 4, 5, 8, 13, 22, 22a, 25, 26, 26a and 33 on the Plat and all water and sewer lines, mains and equipment at any time installed in any street in the Development. 2. All real property which may be designated by Declarant as Common areas in any map or instrument (including any instrument of conveyance from Declarant to the Association) hereafter recorded; and 1|P age
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3. All real property acquired by the Association, whether acquired from Declarant or otherwise. (PC 1e 5/11/70) DECLARANT: Means Boise Cascade Recreation Communities, or its successors. (PC 1f 5/11/70) DECLARATION: “Declaration” means the Declaration of Protective Covenants of the Developer dated as of May 11, 1970, as the same may be supplemented or amended from time to time. DEVELOPMENT: Means all of the real property known as The Hideout, a subdivision, situated in the Townships of Lake and Salem, Wayne County, Pennsylvania, as the same is referred to in the Declaration of Protective Covenants, which is duly recorded in the Recorder of Deeds Office in and for Wayne County, Pennsylvania. (BL Article II Section 1h 12/29/79) EARTH SATELLITE ANTENNA: Shall mean an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. EARTH SATELLITE STATION: Shall mean an apparatus capable of transmitting communications to a satellite in a planetary orbit or functioning as a relay transmitter. (ECCR Section 1611 6/30/98) EASEMENT: Means is a portion of the property reserved by agreement by the Property Owner that allows access on or through the property. Generally, an easement is specific, allowing access to specific entities or for a specific reason. Common types are utility, drainage, or access easements. Utility easements can be for electrical, gas, water, sewer, cable or telephone lines, whether they are installed above grade, on grade, or below grade. GAZEBO: Shall mean an accessory building, designed for outdoor entertaining, with a covered area of 150 SF or less.” (BM 20-41) IMPROVEMENTS: Means all buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls and other walls, docks, piers, hedges or other plantings, poles, and any other structures of any type or kind. (PC 1h 5/11/70) IMPROVED LOT: A lot shall be considered improved upon the approval of a new Single-Family Dwelling permit. If no work is performed under the new Single-Family Dwelling permit, the lot will revert to unimproved status upon the permit expiring. If trees are cleared under a new Single-Family Dwelling permit, the lot shall remain as improved indefinitely, regardless of dwelling completion. This does not pertain to trees removed upon Hideout POA request for safety concerns. (1/21/2023) LOT: Means any numbered lot shown on the Plat. “Residential Lot” means any Lot except a Utility Lot (PC 1i 5/1/70) MEMBER: Those persons having Membership rights in the Association in accordance with the provision of these Bylaws. (BL Article II Section 1k 12/29/79) MEMBER IN GOOD STANDING: Means a Member who has not defaulted on any financial obligations to the Association for all lots owned and has not breached any other obligations under the community legal documents. (BL Article II Section 1o 3/31/04) 2|P age
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MODEL HOME: A “model home” for purposes of this Manual is defined as a single-family residential dwelling, as said dwelling is defined in Section 1. L of the Declaration of Protective Covenants, erected or constructed only by an authorized general building contractor on a lot or lots in The Hideout Development, which is intended as a business office for demonstration and/or showroom purposes as a style of design, or quality of construction or type of dwelling that shall be available for construction, erection or sale to owners or prospective lot owners at The Hideout. (ECCR Section 201 1/23/99) OPEN FIRE: Any fire within which the products of combustion are emitted into the open air and are not directed through a stack or chimney. Open fires on Member’s lots are permitted as long as the fire is in a self-contained vessel designed and manufactured for that purpose and prudent safety precautions are taken. (BOD 14-42) OWNER means: i. Any natural person, firm, corporation, trust, or other entity who holds fee title to a lot or an undivided interest in fee title to a lot. ii.
Any person who has contracted to purchase fee title to a Lot or an undivided interest fee title to a Lot, under a written agreement, in which case the seller under said agreement shall cease to be the “Owner” which said agreement is in effect; or
iii.
Any lessee of a Lot under a recorded lease from the owner of fee title to said Lot for a term of not less than 50 years, in which case the lessor under said lease shall cease to be the “Owner” while said lease is in effect. (PC 1j 5/11/70)
PERGOLA: Shall mean an accessory building designed for outdoor entertaining, with open sides and open roof, with an area of 150 SF or less”. (Resolution 20-41 7/27/2020) PERMIT: Shall Mean written authorization issued by the Association and/or the local government agency that allows you or your contractor to proceed with a construction or remodeling project on your property. It is intended to ensure that the project plans to comply with local standards for land use, zoning, and construction. These standards are intended to ensure the safety of current and future owners and occupants and to provide enforcement of community land-use policies. POLICY: Refers to the written regulations or course of conduct adopted and followed by the Board of Directors in the governing and operation of The Hideout. (BL Article II Section 1f 12/29/79) PROPERTY SURVEYS: Are done to determine or confirm land boundaries, such as the plot of land a home sits on, and identify other types of restrictions and conditions that apply to the legal description of a property. See below for types of surveys used in the community: •
As Built Survey: Shall mean a property survey signed and sealed by a Licensed PA Surveyor showing property lines, setbacks, actual locations of all structures, driveway(s), parking areas and any other manmade features on a property. It must be drawn at a scale to match industry standard. Per Board Resolution 19-79, “a current as-built survey shall be required for ECC permitting review/issuance as well as for residential resale inspections to occur.”
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•
Plat Plan: Shows you how a tract of land is divided into lots. It is drawn to scale and record the land's size, boundary locations, nearby streets, flood zones, and any easements or rights of way. At the Hideout this means the maps of Sections 1 through 22 of the Development recorded April 9, 1970 and May 11, 1970 in the Office of the Recorder of Deeds of Wayne County, Pennsylvania in Plat Book 5, pages 26 through 68, and such revisions thereof as made from time to time to be filed in said office by Declarant as amended. (PC 1k 5/11/70)
•
Plot Plan: Shall mean a property survey showing present or intended use of a piece of land, and the position of roads, buildings and other important structures. It must be prepared by a Licensed Pennsylvania Surveyor and be drawn at a scale to match industry standard. Previously prepared plot plans may be altered by an owner for future property improvement projects.
SELF-CONTAINED VESSEL: A commercially manufactured device specifically designed to contain fire for recreational purposes. (July 2023) SETBACK: Means a limitation on site development which generally requires a building, structure, or other item to be placed at a specific distance from a property line. Sometimes certain items may need to be located in a setback. In this instance, a Variance must be requested from the ECC Committee. SHED: Shall mean an accessory building designed for storage having an overall area 150 SF or less.”
(Board Resolution 20-41 7/27/2020)
SPARK ARRESTOR: Means a device made from metal screening that contains sparks and embers produced by an open fire in effort to stop ignition of nearby combustible materials. The spark arrestor’s size should conform to the mouth pf the device containing the open fire. (July 2023) SINGLE-FAMILY DWELLING: Means a residential dwelling for one or more persons, each related to the other by blood, marriage or legal adoption, or a group of not more than 3 persons not so related, together with his or her domestic servants, maintaining a common household in such dwelling. (PC 11
5/11/70).
SPEC HOMES: Spec homes shall not be considered Model Homes. Spec Homes shall be defined as a single-family dwelling constructed by an authorized general building contractor for the exclusive intent of sale once construction is complete. Furnishing and appliances shall not be permitted to be installed in Spec Homes until such time as the buyers obtain ownership of the dwelling. (ECCR Section 201
1/23/99)
CONTRACTOR: For purposes of this Manual shall mean any person, firm, or corporation who pursues the occupation or business of general building construction and who contracts to render services and supplies for others in the erection and construction of buildings. (ECCR Section 201 1/23/99) SUBCONTRACTOR: For purposes of this Manual shall mean any person, firm or corporation who is not engaged in the general construction business but who normally subcontracts for specific work to a general contractor for the specific mechanical discipline to a building, including but not limited to electrical, plumbing, heating, etc. (ECCR Section 201 01/29/99)
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UTILITY LOT: Means a Lot designated as Nos. 16, 17, 18, 107, 108, 575, 576, 811, 839, 840, 1155, 1156, 1157, 1320, 1321, 1551, 1723, 2028, 2052, 2053, 2309, 2310 or 2311 on the Plat so long as the Owner of such Lot is Declarant or a utility company serving the Development. (PC Amendment
1/15/74)
VARIANCE: May be described as the Environmental Control Committee’s authorized departures to a minor degree from the text of these rules or the Declaration in direct regard to a hardship particular to an individual lot in accordance with the procedures set forth in this code. Variance Approval requirements (added July 2022): • •
•
•
Submission of a variance request form to the ECC Committee A current As-built survey is required for any variance request involving variations to any lot, displaying the proposed structure or change. The proposed structure or change shall be professionally added to such a survey. A site inspection from a Hideout representative shall occur after receiving an as-built survey displaying the proposed change, and prior to ECC approval of any variance request. Subsequent to when an as-built survey submission, and an initial site inspection has occurred, a variance request will face acceptance, or rejection reflecting an ECC committee majority vote.
SECTION B – THE ENVIRONMENTAL CONTROL COMMITTEE COMMITTEE MEMBERSHIP: The Committee shall be composed of three Members appointed by Declarant. Committee Members may be removed by Declarant. Vacancies shall be filled by Declarant, or if Declarant fails to do so within two months, by the Board. When 90% of the Lots have been sold by Declarant, the Board may thereafter appoint and remove Committee Members. (PC 6B 5/11/70)
(BOD 11-27)
CONFLICTS: This manual is not written to conflict with the Protective Covenants of Association. Any conflict shall be decided upon by the Board of Directors of Association.
(ECCR Section 1700 01/01/75)
DUTIES OF THE COMMITTEE: The Committee shall act within 30 days after all required information has been submitted. The Committee shall retain one copy of submitted material and return the other copy. All notices to applicants shall be in writing. Any disapproval shall specify the reason therefor. The approval of the Committee of plans and specifications shall not be a waiver by the Committee or its right to object to any of the features or elements contained in any subsequent plans or specifications submitted for approval. The Committee may inspect work being performed to assure compliance with this Declaration and the Committee’s rules. Failure of the Committee to act upon an application within 30 days shall constitute approval of the application. At any time prior to the completion of construction of an improvement, the Committee may require a certification of the Contractor, the Owner, or a licensed Surveyor, that such improvement does not violate any setback rule, ordinance or statute or encroach upon any easement or right-of-way of record. Such certification shall be delivered to the 5|P age
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Committee within 10 days after completion of such improvement. The Committee shall adopt written rules governing its procedures. (PC 6C 5/11/70) GENERAL POWERS OF THE COMMITTEE: 1. Power to Approve Plans. No improvement may be constructed on any lot without the prior written approval of the Committee. Such approval shall be granted only upon written application in the manner and form prescribed by the Committee, accompanied by two sets of plans and specifications for such improvement. The application shall show the location of all improvements existing upon said Lot, the location of the improvement proposed to be constructed, the color and composition of all exterior materials to be used, any proposed landscaping, and any other information which the Committee may require. 2. Power of Disapproval. The Committee may disapprove any application: • Which does not comply with this Declaration; or • Because of reasonable dissatisfaction with grading plans, location of the proposed improvement on a Lot, finished ground elevation, color scheme, finish, design, proportions, architecture, shape, height or style of the proposed improvement, the materials used therein, the pitch or type of roof proposed to be placed thereon; or • If, in the judgement of the Committee reasonably exercised, the proposed improvement will be inharmonious with the Development, or with the improvements erected on other lots. 3. Power to Grant Variances. The Committee may allow reasonable variances from the provision of this Declaration if literal application thereof results in unnecessary hardship, if such variance is in conformity with the general intent of this Declaration, and if the granting of such variance will not be materially detrimental or injurious to the Owners of other Lots, provided that the Committee shall not permit any travel trailer or tent to be placed or erected on any Lot or permit any overnight camping on any Lot.
4. Power to Charge Fees. The Committee may require a reasonable filing fee to accompany each submission of plans and specifications (PC 6A 5/11/70) APPEALS: Any owner shall have the right to appeal to the Board from any adverse decision of the Committee within 30 days after the giving of notice of disapproval, and the Board shall have authority to confirm, reverse or modify the decision of the Committee. (PC 6E 5/11/70) All Appeals to the Board shall be in writing on forms prescribed by the Board. Every Appeal or application shall be signed by the Appellant and shall include the following: 1. The name and address of Applicant or Appellant 2. The name(s) and address(s) of the Owner(s) of the property affected by the decision or order. 3. A brief statement of the reasons for which the Appeal and the Section of the Building Code under which the Appeal is made and the reasons why it should be granted. (ECCR
Section 103 4/20/83)
Upon filing an Appeal to the Board, the Board shall fix a time and place for a public hearing thereof and shall give written notice to the Appellant and other interested parties, who shall have registered their name(s) and address(s) for these purposes with the Board. The notices shall be posted in the 6|P age
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Administration building of the Association upon instructions from the Board and shall state the location of the building or lot in question and the general nature of the question involved. (ECCR Section 103
4/20/83)
The Board shall render a decision within thirty (30) days from the hearing thereof and shall promptly notify the Applicant or Appellant and other interested parties of the nature of the decision. Any order of the Board not appealed to the proper Court of Common Pleas in Jurisdiction within thirty (30) days shall be final and binding on all parties. (ECCR Section 103 4/20/83) HEARINGS: When the Committee determines that a hearing is to be held, it shall be conducted in accordance with the following requirements: 1. Notice shall be given to the Owner applicant, the Owner’s Agent, if any, the adjacent Owners, such other persons as the Committee shall designate, and to any Owner who had made timely request for the same. The Committee may establish reasonable fees, based on cost, to be paid by the Owner applicant. 2. The hearings shall be conducted by the Committee. The decision, or where no decision is called for, findings shall be made by the Committee. 3. The parties to the hearing shall be the Association, and Owner affected by the application who has made timely appearance of record before the Committee, and any other person(s) permitted to appear by the Committee. The Committee shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Committee for that purpose. 4. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. 5. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded by the Committee. 6. The Committee shall tape record or shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of the graphic or written material received in evidence shall be made available to any party at cost. 7. The Committee shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surrounding after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. 8. The Committee shall render a written decision or, when no decision is called for, make written finding on the application within forty-five (45) days after the last hearing before the Committee. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any provision of the Building Code or of the Declaration shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Where the Committee fails to render a decision within the period required by this subsection, or fails to hold the required hearing within sixty (60) days from the date of the Owner applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the Owner applicant unless the Owner applicant has agreed in writing to an extension of time. When a decision has been rendered in favor of the applicant because of the 7|P age
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failure of the Committee to meet or render a decision within ten (10) days in the same manner as provided in Subsection # 1 of this section. Nothing in this subsection shall prejudice the right of any party opposing the application to contend that such decision is erroneous. 9. A copy of the final decision, or, where no decision is called for, of the findings shall be delivered to the Owner applicant personally or mailed to him not later than the date following its date. To all other persons who have filed their name and address with the Committee not later than the last day of the hearing, the Committee shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined. (ECCR Section 104 4/20/83) INDEMNIFICATION OF COMMITTEE MEMBERS: The Association shall indemnify any Member of a Board-Sanctioned committee who was, or is, a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or other proceedings arising from their Membership on the committee. This indemnification shall include all expenses (including attorney’s fees), monetary penalties and damages (including settlements arising from such action), unless (BL Article XVI Section
3 3/31/04)
1. The behavior which gave rise to such action is deemed by the Board to constitute self-dealing, willful misconduct, or recklessness, OR (BL Article XVI 3a 3/31/04) 2. Applicable laws expressly prohibit such indemnification. (BL Article XVI 3b 3/31/04)
LIABILITY OF COMMITTEE: Neither the Committee, the Declarant, the Association, nor any person acting on behalf of any of them, shall be responsible in any way for any defects in plans or specifications or other material submitted to the Committee, nor for any defects in any work done. (PC 6D 5/11/70)
SECTION C – BUILDING PERMITS PERMIT APPLICATION: A building permit is required for most outdoor construction, remodeling or tree removal projects in the community, in order to ensure the safety of the work and its compliance with local, state, federal and Association codes and regulations. All fees, assessments, fines and RS&W fees must be paid and the Member must be considered “in good standing” before a permit can be issued. Permits may be obtained by submitting a completed application, fee amount (if any), and all required plans, blueprints, drawings, insurance certificate(s), etc. to the Permit Department. This may be done manually or via our website, www.hideoutpoa.com, (hover over the RESOURCES tab, click on ECC Permits, complete and submit appropriate fillable form). NOTE: In cases where permits require Township, County, State or other agencies in jurisdiction, those permits must be obtained and copies provided when the initial application for a Hideout permit is made. NOTE: A no fee permit will be required for replacement type projects overseen by the ECC (BDR 6/6/09) (i.e., re-roofing – vinyl siding – windows) NOTE: A copy of Contractors Home Improvement Contractor’s (HIC) Registration and their Certificate of Insurance (COI) in the amounts of $1,000,000 General Liability, $500,000 Personal Injury, and $500,000 Property Damage must be submitted with all 8|P age
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permit applications. The Hideout must be listed as the Certificate Holder on the COI as follows: HIDEOUT POA INC 640 The Hideout Lake Ariel, PA 18436 ECC CODE ENFORCEMENT: Any lot improvement performed without securing the proper permit will result in the Lot Owner being assessed a non-refundable $250.00 fine. A non-refundable fine of $500.00 will be assessed for a second violation. (BDR 9/29/2012) (BDR 13-28) A third fine shall be issued by the Environmental Department in the amount of $500.00 to a Lot Owner who is still in non-compliance after 60 days. Should the matter be resolved after 60 days and prior to 90 days, then the third Non-Refundable fine of $500.00 shall be rescinded by the Environmental Department. However, the earlier two (2) ECC fines issued by the Environmental Department must still be paid in full. (BDR 14-14) PERMIT REQUIREMENTS: An application for a permit shall be submitted to the ECC shall be accompanied by two sets of plans and full specifications setting forth the extent and character of the work. (ECCR Section 116 3/17/91) The plans and specification shall have attached the following: 1. A current Plot Plan or As Built Survey detailing size and location of the proposed project. 2. Two copies of detailed building plans and drawings 3. All required Township, County, State or additional agency permits. 4. Contractors Certificate of Insurance No change shall be made in the approved plans or specifications without the approval of the ECC. No preliminary rough sketches, incomplete or photo copies of stock sketches will be accepted. (ECCR
Section 116 3/17/91)
All drawings and blueprints shall be for each particular site and shall note, but not be limited to, the following: Elevation Drawings of the four (4) sides. 1. Foundation depth and section of same including section of foundation of all entrances at finish grade level. 2. Decks and foundation for same. 3. Chimney foundations as well as cross section of chimney construction and height of same above the roof. 4. Proposed finish grade at foundation and a minimum of ten (10) feet adjacent thereto. 5. Grade lines are to be initialed and dated. Each plan must completely identify the lot’s location, the owner and builder’s and the name of the Engineer, Architect or Draftsman (initials) who prepared each drawing. Drawings shall be to industry scale. Once a permit is obtained should changes be needed applicant shall notify the ECC, and file such modified plans and specifications, and obtain written approval before the changes or modifications are 9|P age
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implemented. Failure by the contractor to obtain written approval is a failure to comply with the Rules and Regulations. Any changes or modifications considered to be “minor” by the contractor shall be approved by the ECC as a matter of record without revision to said drawings. (ECCR Section 118 5/1/94) PERMIT ISSUANCE: All permits issued by The Hideout POA shall be a revocable license. Upon Members’ failure to remain in good standing, all permits shall be revoked. The Environmental Manager shall be authorized to extend the permit in such instances where revoking said permit shall constitute an imminent damage to the Membership or to repair damage to the property. (BDR 4/9/05) The permit must be posted on the Address/Emergency Post in front of the Lot for the duration of the time that work is being done. Upon project completion the permit must be signed and returned to the POA Office.
CONTRACTOR HOURS: Improvement Contractors will be limited in any noise making operations relative to construction or repairs as follows: Monday through Friday, between the hours of 7:00AM and 5:00PM; Saturday, 9:00AM to 5:00PM; and Sunday ONLY and with exception of an emergency and with the permission of the Environmental Control Committee. Improvement Contractors are prohibited from working in the Association on the following Holidays: New Year’s Day Martin Luther King Jr’s Birthday President’s Day Memorial Day
Fourth of July Labor Day Thanksgiving Day Christmas Day
(ECCR Section 1711 10/18/96) Motion # 99-66 GENERAL CLEAN-UP: Each site is to be kept clean and orderly at all times. No burning is allowed in the Association. It will be the responsibility of each Contractor/Owner to either install a dumpster on each construction site or to have debris removed prior to Saturday on a weekly basis (construction materials may also be taken to Keystone Landfill located at 249 Dunham Drive, Dunmore PA 18512). Sites will be inspected continually, and any infractions to this regulation will result in a stop work order. POA dumpsters are not to be used for construction debris of any kind. (ECCR Section 120 4/20/83). Perpetrators will be fined for this violation and for any construction site not cleaned up before weekends. (ECCR Section 1708 5/1/94) PERMIT PRIVILEGES: Any licensed/registered equipment trailer with or without signage, owned by a Contractor, actively performing work with a valid Hideout Building Permit, may leave the vehicle on site during the normal work week (Monday 7:00AM to Friday 5:00PM). The trailer should be parked as far back in the driveway as possible. All trailers must be removed for all Hideout recognized Holidays and weekends. All construction debris must be picked up and removed. Work must be performed in a continuous manner every day that the trailer is on the lot. A trailer cannot be left on the lot if the contractor is working somewhere else. If project work is suspended on the lot during the week, trailer must be removed immediately. Non-compliance will result in a fine, and additional penalties for repeat offenses will be imposed up to and including loss of Hideout privileges. (BDR 16-51) 10 | P a g e
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CONTRACTOR SIGNAGE: Any licensed vehicle with signage owned by a contractor doing work with a valid building permit at a lot shall remove such vehicle after the established working hours. (BOD 1034) No commercial signs are permitted in the residential sections with the following exceptions: • • • •
•
(Approved 12/2020) PERMIT RENEWAL: Effective July 1, 2009 a Member is allowed to apply for an extension of one additional six-month period without a renewal fee on any normal ECC six-month permit (Excludes New Home construction). If the work is not completed after the extension period, an additional permit application with appropriate fee paid must be submitted and a new permit obtained. In addition, a no fee permit will be required for replacement type projects overseen by the ECC. The Lot Owner must provide in writing a reason(s) for financial and/or other related hardship that precludes them from completing the building within the 1-year time frame. A. Construction/site work not completed after year: A new permit application fee of $500.00 B. Construction/site work not completed after one and one-half (1-1/2) years: $500.00 permit application fee for 6-month extension. C. Construction/site work not completed after two (2) years: $1,500.00 permit application fee for 6-month extension. D. No extension options after two and one-half years (2-1/2). The Association may seek advice from legal counsel. COMPLETION OF CONSTRUCTION: With the exception of New Home construction, which will be allotted a 12-month completion timeframe, every other improvement, once begun shall be completed within six (6) months. Improvements not completed within six (6) months, improvements on which construction has been interrupted for ninety (90) days, and improvements partially or totally destroyed and not rebuilt within six (6) months shall be deemed a nuisance. Declarant may remove any such nuisance or repair or complete the same, at the cost of the Owner. Upon project completion the permit MUST BE SIGNED and RETURNED to the Association’s Environmental Department, either in person or by mail to the POA Office.
SECTION D – GENERAL APPLICATION – COMMON AREAS OWNERSHIP: All Common Areas are private property and shall remain private property. Declarant’s execution and recording of the Plat shall not be construed as a dedication to the public of any of the license upon such terms and conditions as Declarant shall from time to time specify for the use or enjoyment of each of the Common Areas is granted to the persons who are from time-to-time Members or Associate Members of the Association. Declarant shall convey the Common Areas to the 11 | P a g e
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Association not later than December 31, 1976, and Declarant shall have the right to convey all or any part of the Common Areas to the Association at any time prior to said date. On the date of said conveyance, the Common Areas, or part thereof conveyed, shall be subject to liens for taxes not then delinquent, such easements and rights-of-way as then appear of record and such other matters of record as Declarant may at the time of such conveyance deem appropriate and proper. Said conveyance shall be made by deed which shall be deemed delivered for all purposes upon Declarant’s recording thereof in the Office of the Recorder of Deeds of Wayne County, Pennsylvania. Upon conveyance of all the Common Areas to the Association, all rights, powers, privileges and immunities of Declarant, as such, shall vest in the Association. (PC 3A 5/11/70)
SECTION E – GENERAL APPLICATION MEMBER LOTS ACCESSORY BUILDINGS: No garage or shed shall be built on any Residential Lot before a dwelling is built on that Lot. No garage, shed, temporary building, or partially completed building shall be used for human habitation. (PC 2A 5/11/70) ANIMALS/PETS (UPDATED 8/26/2022): No animals shall be kept on any Lot except the usual household pets. Household pets shall be kept reasonably confined so as not to become a nuisance. (PC 2L 5/11/70) Also, under The Hideout Rules & Regulations, Section D4 & D5: 1. Pets must be licensed, inoculated, leashed and kept under owner’s control at all times. a. All pets must be registered with the Hideout POA, and their state of residency. All dogs 3 months of age or older living in Pennsylvania must be licensed by January 1st of each year. 2. In addition to registering dogs with the Hideout POA, and the dog’s state of residency, a dog park amenity tag can be purchased for a fee of $15.00 annually. a. Registering a dog with the Hideout POA alone does not grant access to the dog park amenity. 3. Dogs may be off leash when at the Dog Park Amenity. 4. It is the responsibility of the pet owner to clean up and remove animal excrement of their pet anywhere within the POA. Domestic Pet Population Policy: It shall be a violation of Hideout Rules for any property owner, including their family, Guests or Tenants to shelter or maintain more than five (5) pets (Dog & Cats combined total) on any Hideout property/dwelling lot unit. All puppies and kittens over the set limit of five (5) shall be properly removed by the 10th week of birth. Please note: 1. All pets, must be registered (Non-Fee) through the Hideout POA on an annual basis (see annual POA Registration Form). This registration does not pertain to the Dog Park amenity. All pets must be licensed from their State of origin including proper current vaccinations as required by law. 2. A failure to comply Citation of $150.00 will be issued if more than 5 pets are verified on premises. The Member, their family, Guests or Tenants will have 30 days to correct the violation. 3. A second failure to comply Citation of $300.00 will be issued after 30 days, if no corrective action has been taken. The Member, their family, Guests or Tenants will have 14 days to correct matters. 12 | P a g e
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4. Disciplinary proceedings will be initiated if, after second Citation has been issued, no corrective action has been taken by Member, their family, Guests or Tenants. 5. Further disciplinary action may be taken by both the Board of Directors and potentially Legal Counsel against the Member, their family, Guests or Tenants. 6. The General Manager, or assignee, will have discretionary authority towards processing and abating problem(s). 7. Pet owners (Members, their families, Guests or Tenants) shall be exempted (“grandfathered”) prior to official adoption of this ordinance. No new pet can replace a pet that would exceed the maximum allowed number of five (5) pets. Enclosure for Pets: An enclosure for pets is allowed to be constructed in the rear of the house out of sight from the roadway. The enclosure is to be made of wood or of a vinyl clad chain link type material and a maximum size of six (6) feet by twenty (20) feet. The height of the structure will be determined by the ECC. All construction of such enclosures will need Environmental Control Committee approval.
(ECCR Section 17 1710 4/15/88)
Electric Fences: The use of invisible electric fencing which will constitute compliance with Association’s Rules & Regulations and its use will be considered as having a pet “under control”. The Public Safety Committee is recommending that Members installing an invisible electric fence must first obtain a nofee Permit from the POA which will insure proper setbacks and signage. Property setbacks are established as 25 feet from the front, 10 feet from the sides and 25 feet from the rear or 50 feet from the lakeside. (BOD 14-46) NOTE: This offers an alternative to the current mandatory leash or tether ruling for all dogs, or the use of a pet enclosure cage. Your pet must be under control of its owner and not permitted to run free and uncontrolled on any community or across residential lots within Association. Dogs confined to residential property, by an electronic fence or an electronic collar, shall not be permitted to be nearer than 10 feet away from any property line that is contiguous to neighboring property. No dog having been found a dangerous animal by an animal control officer, shall be confined by an electronic fence or an electronic collar. All owners, who use an electronic fence shall clearly post their property to indicate to the public that a dog is confined to the property by an electronic fence or electronic collar. If posting a sign, it needs to be approved by the ECC as part of the permitting process. Electronic collars may not be used to control a dog when it is off its owner’s, property. Pet containment systems, such as electronic fences, do not prevent dog bites as well as ordinary fences. Dogs get excited and run through the boundaries. Neighborhood children are particularly at risk because the electrical systems do not prevent the kids from approaching the dog, and mislead kids because of the dog’s apparent good behavior. CHANGE OF OCCUPANCY: It shall be a violation of the Rules and Declaration for any person, firm, or corporation to change the nature of occupancy from a single-family residential dwelling as defined in Section II of the Declaration. (ECCR Section 131 5/1/94) CLOTHESLINES: The use of Clotheslines within the Hideout is prohibited. Drying racks placed out of site from the roadway may be used temporarily, and brought inside after use. (BDR July 2023). 13 | P a g e
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COLOR APPROVAL: Colors on the master list on file at the POA Office are automatically accepted for paint color approval. If the color is not listed on the file then it must go through the normal ECC procedures for approval. (BDR 7/12/03) THIS INCLUDES VINYL AND WOOD SIDING. ALL TRIM WORK, and any EXTERIOR STRUCTURES. Non-earth tone colors are acceptable colors with the exception of white or other light colors. Color samples are to be attached to the permit application. Exterior Siding and Trim: Color chips or samples for all dwellings and accessory buildings requiring exterior staining, painting or vinyl siding installation shall be submitted to the Environmental Control Committee for approval. An earth tone color scheme shall set the standard for color approval. White or similar colors are acceptable for trim. Trim shall be defined as: 1. 2. 3. 4. 5. 6.
Casements and moldings for windows, sash and frame, doors, corners Exterior doors including garage doors Railings Soffits, fascia, gutters and leaders Vents and louvers Shutters and pediments
White or similar colors are unacceptable for entire structures, dwellings, garages, sheds, main body, siding, roofing and foundations. (BOD 17-30 Amended 6/22/2019) CULVERT PIPE INSTALLATION: In compliance with the Declaration of Protective Covenants of the Association, Section 2U Ditches and Swales. Each owner shall keep drainage ditches and swales located on his/her lot free and unobstructed and in good repair and shall provide for the installation of such culvert upon his/her lot as may be reasonably required by the Committee. It shall be mandatory that a culvert pipe, be between twelve (12) inches minimum and eighteen (18) inches maximum diameter high density polyethylene (HDPE), be installed for all improvements requiring vehicle or equipment access onto the lot. If a question to feasibility or need of said culvert exists, a request for an alternative solution shall be submitted in writing to the Committee. (ECCR Section 1605 5/9/83) (ECCR 12/28/18) DECORATIVE FENCING: Decorative fencing shall be allowed upon approval of the ECC. Decorative fencing may be no more than 32 linear feet in length, and 4 feet in height. The approved fencing must comply with the current ECC color protocol. Certain fencing materials such as vinyl are prohibited. A generic Hideout building permit application will be required, to erect a fence on any property. Any approved fencing shall not outline a property’s borders in any way. Any permit application submitted for the addition of fencing to a Hideout property is up to the ECC’s discretion. (added July 2022) DITCHES AND SWALES: Each Owner shall keep drainage ditches and swales located on his Lot free and unobstructed and in good repair and shall provide for the installation of such culverts upon his Lot as may be reasonably required by the Committee. (PC 2U 5/11/70) DOCKS, PIERS, OR SHORELINE IMPROVEMENTS: No pier, dock or other structure shall extend more than 15 feet into any lake. No pier, dock or other structure shall be built without prior written permission of the Committee, which permission shall be a revocable license (PC 2T 5/11/70) Dock materials shall be made of pressure treated lumber, California Redwood, Cedar, Aluminum or Poly Vinyl Chloride (PVC). Wood decking shall not be less than 5/4-inch nominal thickness. 14 | P a g e
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Aluminum decking shall have a non-skid surface and be manufactured with an ultra-violet ray inhibitor protectant. Aluminum and PVC decking shall be consistent with earth tone colors. White or similar colors are not acceptable. All metal frame materials shall be aluminum or stainless steel. Wooden docks shall be securely chained to a metal pipe no less than one (1) inch in diameter driven into the ground at least six (6) feet and two (2) feet from the water line at the edge of the lake. The chain is to have links a minimum of ¼ inch in thickness. Aluminum and PVC docks shall be secured in conformance with manufacturer’s specifications. Wherever possible, Styrofoam floats shall be encapsulated. Maintenance work consisting of sanding, painting or staining shall be performed far enough inland where toxic chemicals associated with such work will not be introduced to the marine life. All docks, decks, and other structures installed at the lake’s edge must have Department of Environmental Protection (DEP) and/or Wayne County Conservation District, GP Permit approval.
(ECCR Section 1705 1/1/96) (ECCR 12/28/18)
PLEASE NOTE THE FOLLOWING: • • • • • • • • • • • •
•
There is a mandatory fifteen (15’) foot “easement” around all lake perimeters. This is reserved for Hideout maintenance of the waterways. No other structures are allowed within this easement area. There is a fifty (50’) foot setback from any lake shoreline for flood plain control. Docks shall be maintained in a functional condition which includes the periodic removal of debris. Dredging for construction purposes is not authorized by the General Permit/E-Permit. The Permit does not authorize fuel storage or the construction of fuel servicing facilities on the dock. The Permit does not authorize the construction or modification of a dock for use as a habitable structure with living facilities such as beds, bathrooms, or kitchens. The owner shall employ measures to prevent and control spills of fuels or lubricants into the waterway. Each dock is to be properly labeled with identification information, preferably the Members lot number. The dock shall be adequately secured to the shoreline to ensure the dock’s stability to withstand the effects of wind, stream flows, and wave action. Anchorages shall be placed so they do not accelerate erosion or cause degradation of the stream banks The placement of fill/dredged material into the watercourse, floodway, or body of water is PROHIBITED. To the greatest extent possible, the project shall be designed and constructed in a manner which will (a) Prevent permanent or long-term changes in water quality, (b) Minimize alterations in natural aquatic habitat and (c) Maintain natural stream flow velocities and mixing patterns. The installation of any beach area must have a bulkhead or retaining wall installed at the water’s edge to prevent sand from entering the lake or waterway!
DRILLING AND MINING: No drilling, refining, quarrying or mining operation of any kind shall be permitted on any Residential Lot. (PC 2W 5/11/70)
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DRIVEWAYS: 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 another will be permitted. Where a drainage ditch or swale exists, the owner or contractor shall install an adequate pipe under the driveway. It shall be mandatory that a culvert pipe, be between twelve (12) inches minimum and eighteen (18) inches maximum diameter high density polyethylene (HDPE), be installed for all improvements requiring vehicle or equipment access onto the lot. Drainage pipes shall be installed so that the grade requirements are met so that the water will flow freely through the pipe. The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (ECCR Section 1609 1/1/86). Grade requirements within the right-of-way shall conform to the figure below:
The shoulder slopes usually from ½”/ft. (4%) to ¾”/ft. (6%). However, the shoulder slope should be maintained when constructing the driveway. Even though the shoulder width may vary, a minimum width of 3 feet shall be maintained when constructing the driveway. Grades (G2) shall be limited to 15% Any driveway constructed parallel to a side lot line shall be at least five (5) feet from such adjacent line at any point. Adjacent trees are to be protected against damage during construction. Trees accidently stripped of bark shall be coated with proper tree dressing. Driveways are to be constructed without hazards, and surfaces shall be of material such as rock, shale, or stones, with minimum obstruction to the natural flow of surface water. An approved 12” minimum diameter to 18” maximum diameter high density polyethylene (HDPE) culvert shall be installed beneath a driveway where it crosses the road shoulder and drainage ditch beside the roadway. Where the site conditions make it obvious that a culvert would be of no particular 16 | P a g e
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benefit, the Environmental Manager shall, using technical knowledge and judgment, accept a suitable substitute such as a swale or equal. In accordance with the Declaration of Protective Covenants for the Association, Section 4iii Setbacks, ALL improvements of a permanent nature shall abide by all setbacks set forth in this aforementioned section unless otherwise determined by the Committee. (ECCR Section 1604 5/1/89) EARTH SATELLITE ANTENNAS: Shall mean an apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. Satellite Antenna Installations are limited to a maximum diameter size of one (1) meter or 39.37 inches. Any installations larger than the above must be reviewed and receive an approved variance from the Environmental Control Committee. Satellite antennas shall be affixed to the dwelling or roof surface. Dish or satellite antennas shall be installed and grounded per manufacturers specifications. (The chimney will be considered a part of the dwelling). In cases where a pole or mast is recommended in order to achieve proper line of sight, will require a variance including, a line-of-sight survey, description of pole or mast including location, diameter, height, and dish securing method. Tree removal, if applicable, must be approved prior to installation. The ECC shall be notified upon installation completion and a final inspection conducted. All Satellite Dish installations must comply with Federal Communications Commissions (FCC) Regulations and Restrictions. (ECCR Section 1611 6/30/98) Rules for Installation: 1. Where possible, mount the antenna to existing dwelling. 2. If not possible, mount antenna on a mast or pole, locating the installation site as discretely as possible. 3. Do not install antenna in the road right of way. This prevents damage due to snowplowing or road maintenance activity. 4. Removal of trees 3 inches or more at diameter breast height (DBH) must be approved by the Environmental Manager or assigned delegate. 5. Do not affix/attach to trees. 6. All installations must comply with Federal Communications Commission (FCC) rules and regulations. 7. The Association does not assume responsibility or liability for proper use or damage resulting from or to this equipment. EARTH SATELLITE STATION: Shall mean an apparatus capable of transmitting to a satellite in a planetary orbit or functioning as a relay transmitter. (ECCR Section 1611 6/30/98) No earth satellite station shall be permitted to be erected in the Association, either affixed to a permanent location or on a portable or movable device except as approved by the Environmental Control Committee. (ECCR Section 1611 6/30/88)
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ENVIRONMENTAL CONTROL: Stones, boulders, trees, shrubs and other landforms or plant material on a lot shall not be painted, stained, or coated with manmade material or product (either transparent or opaque) that would change that feature’s exterior appearance. No signs, lights, reflectors, or other objects are allowed to be permanently attached to a tree by use of nail, screw, bracket, or similar damaging means. Small objects such as bird feeders, bird houses, wind chimes, planter’s, decorations (holiday and the like) are permitted only if hung from a branch and without causing damage to the tree. Bird feeders must be at least 8 feet off the ground. Rope, string, holiday ribbons, bows, and lights may be loosely tired around a tree so as to avoid damage to the tree. All holiday themed decorations must be taken down no later than 2 weeks after that particular holiday has passed. Any exceptions to this rule may be allowed pending ECC review and approval. Objects that may be permanently attached to trees which do not require ECC review and approval, and are intended solely for the purpose of tree safety/risk hazard are as follows: Lightning Rods, Brace Rods, Cabling Systems and their associated hardware, all of which are to be installed by a certified arborist or tree care professional and undergo routine inspections. (BOD 19-29) Lot owners may also attach sticky insect bands to Spotted Lanternfly (“SLF”) infested trees upon their lot. Insect bands should be placed 4’ above ground and be tightly secured around the circumference of the tree to ensure no gaps. An insect band with a width of 3-5” is recommended and may be held in place upon the bard of the tree by the use of push pins. Members should additionally place a small section of vinyl mesh screening similar to window screen mesh over the insect band. The mesh may also be held in place by the use of push pins. Insect bands must be inspected routinely by the lot owner. If any animals become stuck to the insect bank, it is the lot owner’s responsibility to coordinate with an animal care specialist. Owners should not attempt to remove the animal themselves as they may put themselves and/or the animal in danger. The insect bands may be placed upon trees April through December, keeping in mind that routine replacement of the bands between those timeframes may be necessary by the owner. (BOD 19-29 Amended) EXCAVATION GUARDING/BLASTING: Excavations shall be properly guarded and protected to prevent the same from becoming dangerous to life or limb and, where necessary, shall be sheet-piled and braced to prevent the adjoining earth from caving in by the person causing the excavation to be made. If blasting is required, anyone within 1,000 feet is to be notified one hour in advance and adequate protection provided against flying rock and debris. (ECCR Section 902 2/22/87) EXCAVATION/DEMOLITION: All earth disturbances, such as trenching, backfill, slope grading, drainage systems, new or re-routing utility trenching, retaining walls, and significant landscape development involving movement of stable ground be formally reviewed and regulated by issuance of a Hideout permit. (BOD 14-61, 2014) EXTERIOR DECKS AND PORCHES: Exterior decks and porches shall be constructed of California Redwood, Cedar, or Pressure Treated Wood (PTW). Each end of all porch and deck joists must have metal joist hangers or 5/4 x 3 ledger board supports on each end. Polyvinyl chloride (PVC) decking and railings are permissible. Deck planks shall have a slip resistant surface. Decking and railing systems shall be secured to the decks under structure in accordance with the manufacturer’s specifications. Material shall be consistent with earth tone shades. White or similar colors are unacceptable. In no case shall wood piers be permitted in place of a continuous masonry wall or masonry piers under any portion of 18 | P a g e
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a dwelling. Screened porches, enclosed porches, and open decks may be supported by girders or beams of adequate size to meet load conditions and spans between piers. (ECCR Section 1704 6/30/98) EXTERIOR MATERIALS & ENVIRONMENTAL BEAUTY: No metal structured, pre-fab, or mobile type homes will be permitted on residential lots. Dwellings of stucco plastic, metal or fiberglass exteriors are not permitted. (ECCR Section 17 1707 8/1/96; BOD 16-07) Environmental Beauty: In order to maintain an informal, natural type environmental atmosphere at our Community, the following is incorporated into this code. No three adjacent dwellings are to be exactly alike in front elevation. Slight modification is required. Approval of any change is required by the ECC. No more than two adjacent dwellings are to have the same setback from the paved road. (ECCR Section
1600 1/1/75)
Exterior finishes are to compliment the immediate areas. Natural finishes are required and samples must be submitted. Metal, fiberglass, stucco, or plastic siding will not be approved. All exterior siding and trim must be stained or surface treated with an approved material except for redwood, cedar, pressure treated or other materials which have a factory finish or where the manufacturer recommends against surface treatment. (ECCR Section 1603 8/1/96) FENCES: All property lines shall be kept free and open, and no fences, hedges or walls shall be constructed except as permitted by the Committee. (PC 2B 5/11/70) FUEL TANKS AND TRASH RECEPTACLES: Every fuel storage tank on any Lot shall be either buried below ground or screened to the satisfaction of the Committee. Every receptacle for rubbish shall be underground or shall be so placed and kept as not to be visible from any street or lake within the Development. (PC 20 5/11/70) GARAGES (DETACHED): Detached garages shall be limited to a single-story construction. Single story construction is defined as: Construction consisting of one (1) level. Measured by the vertical distance from the top of the floor finish to the top of the ceiling joists or where there is not a ceiling to the top of the roof rafters. The construction of detached garages shall be limited to 600 square feet. The overall square footage dimensions shall be measured from the exterior walls of the structure. All new detached garages (maximum 600 sq. ft.) in The Hideout require a concrete floor per specifications below: 1. Construction of any detached garage in The Hideout will conform to the current International Residential Code (IRC 2015 Building Codes) as adopted by the Commonwealth of Pennsylvania. 2. Concrete slab shall be a minimum of 4” thick. 3. Concrete slab to be at least 3500 P.S.I. compressive strength. If wire mesh is used it should be epoxy coated. Fiber-reinforced concrete is allowed. (BOD 18-24) NOTE: A pre-pour inspection will be required for all slabs of 4” thick or more. Where a garage is within ten (10) feet of a residence wall, the common wall and ceiling shall pass a standard one-hour fire test. 19 | P a g e
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Human occupancy shall not be permitted in the garage and rooms used for human occupancy shall be prohibited to be attached to or constructed above or below any detached garage or out-building. (ECCR
Section 503 12/12/96)
GENERATORS (Electrical – Residential Standby) A Hideout Building Permit is required for the installation/operation of any non-portable residential whole house/standby electrical generator. (BDR 14-15; 2014) Installation: Generators should be located as near to the PPL electrical meter as possible. However, all generators shall be located either on the sides or back of the house.
IMPORTANT INFORMATION FROM PPL REGARDING GENERATORS: Electric Generator Safety: When a generator is permanently connected to a customer’s home electric system, it energized the buildings wiring. This type of installation requires a device known as an AutoTransfer Switch, and may also need a Direct Disconnect Switch, to prevent the generator from being connected to PPL power lines. Only a qualified professional, such as a licensed electrical contractor following the National Electrical Code (NEC), should install a permanent standby generator. The law requires that customers with a permanently installed or portable generator do not connect it to another power source, such as PPL power lines. If you own and operate a generator, you are responsible for making sure that electricity from your unit cannot “back-feed” or flow into PPL power lines. For safety sake, be sure to use your generator correctly. If you do not, you risk damaging your property and endangering your life and the lives of PPL line workers who may be working on power lines some distance from your home. You are responsible for any injuries or damage to your property, your neighbors’ or PPL property, from an improperly installed or operated generator. Portable Generators: Portable generators are designed to be connected only to selected appliances or lamps. These generators should NEVER be connected directly to a building’s wiring system. Note the following: • • • •
• •
Before starting your portable generator, carefully read and follow all manufacturer recommendations. Be sure that the total electric load on your portable generator will not exceed manufacturer ratings. Always locate your portable generator where its exhaust will vent safely. Prioritize your needs. Use the lowest wattage light bulbs that provide a safe level of light, reserving power for additional lighting elsewhere or a small appliance. Remember that the greater the load on your portable generator, the more fuel it will consume. Keep cords out of the way so they do not present a tripping hazard, especially in dimly lit doorways or halls. Never run cords under rugs or carpets where heat might build up or damage to a cord may go unnoticed. Extension cords must be properly sized to carry the electric load. Overloaded cords can overheat and cause fires or damage to equipment.
Emergency Generator Noise: Few people think much about generator noise levels until they find themselves exposed to it, usually unexpectedly and often for sustained periods of time until regular power is restored. But, along with generators comes noise, often at decibel levels of 100 and higher (in areas where more than one generator is operating, such as in a disaster area where there can easily be a 20 | P a g e
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dissonance of generator noise pervading an entire community). Obviously, the more generators operating at one time, the louder it will be. Prior to purchasing any standby or portable generator unit, you should research and compare the noise level (measured in db’s) before purchasing and installing. Different manufacturers can have different noise levels, primarily from the exhaust. Please be considerate of your neighbor. Carbon Monoxide Hazards: NEVER use a generator inside homes, garages, crawl spaces, sheds, or similar areas, even when using fans or opening doors/windows for ventilation. Deadly levels of carbon monoxide (CO) can quickly build up in these areas and can linger for hours, even after the generator has shut off. Follow all instructions that come with your generator. Locate the unit outdoors and far from doors, windows, and vents that could allow CO to come indoors. Electrical Hazards: Generators pose a risk of shock and electrocution, especially if they are operated in wet conditions. If you must use a generator when it is wet outside, protect the generator from moisture to help avoid the shock/electrocution hazard, but do so without operating the generator indoors or near openings to any building that can be occupied in order to help avoid CO hazards. Operate the generator under an open, canopy-like structure on a dry surface where water cannot reach it or puddle or drain under it. Ensure your hands are DRY prior to touching the generator. Connect appliances to the generator using heavy-duty extension cords that are specifically designed for outdoor use. Make sure the wattage rating for each cord exceeds the total wattage of all appliances connected to it. Use extension cords that are long enough to allow the generator to be placed outdoors and far away from windows, doors and vents to the home or to other structures that could be occupied. Check that the entire length of each cord is free of cuts or tears and that the plug has all three prongs. Protect the cord from getting pinched or crushed if it passes through a window, doorway, or over a stone driveway. NEVER try to power the house wiring by plugging the generator into a wall outlet, a practice known as “back-feeding”. This is extremely dangerous and presents an electrocution risk to utility workers and neighbors served by the same utility transformer. It also bypasses some of the built-in household circuit protection devices. Fire Hazards: NEVER store fuel for your generator in the home. Gasoline, propane, kerosene, and other flammable liquids should be stored outside of living areas in properly labeled, non-glass safety containers. Do not store them near a fuel-burning appliance, such as a natural gas water heater or in a garage. Before refueling the generator, turn it off and let it cool down. Gasoline spilled on hot engine parts could ignite. LOT MAINTENANCE: The raking or blowing of leaves, grass clippings, twigs or any debris into our lakes, streams, or culverts is banned. This would be the property owner’s responsibility to ensure selfcompliance as well as for their Guests, Tenants, and any hired lawn maintenance contractor. (BDR 08-
17; 2008)
LAWN FERTILIZER: Only fertilizers specially formulated for lawns on or near water shall be used in the Association. The fertilizer shall contain slow-release nitrogen. 21 | P a g e
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The use of all fertilizers and laundry detergents that contain phosphorus are banned in The Hideout. This would be the property owner’s responsibility to ensure self-compliance as well as for their Guests, Tenants and any hired lawn maintenance contractor. (BDR 8/16/2008) Application of the fertilizer shall be according to manufacturer’s recommendations and shall not be applied during adverse conditions. No manure or other like materials shall be allowed. (ECCR 1709
1/1/86)
LIGHTING: Any property lighting installed must be confined to illuminations of only the property in question. Sodium, mercury, porch lighting, pots, floods, driveway lighting, etc., must be installed with a type of shade or shield to confine the illumination toward the ground only. No electrical wiring or fixtures shall be attached or secured to trees. All electrical exterior wiring must be installed in conduit, underground or as approved by the current National Electrical Code. (ECCR Section 1407A 5/1/89 &
1407A, revised (06-11))
MODEL HOMES – RESTRICTION ON CONSTRUCTION: No building that is to be used as a model home or exhibit house shall be built without prior written permission of the Committee. (PC 2P 5/11/70) Model Home Procedure and Requirements concerned with Model Homes Restrictions on New Model Home Construction”
1. As of the effective date of this code, undeveloped lots shall not be utilized for new construction of model homes. (ECCR Section 201 1/29/99) MOVING A BUILDING: A permit shall be required for the moving of a building or structure, and shall specify the time within which the moving shall be made. If such a move involves the crossing and closing of streets, roads, or highways, it shall not exceed a period of twenty (20) hours and shall only be closed with the written permission of the Chief of the Fire Department of the fire district involved, and the Public Safety Director of the Association. When such a move involves the crossing of a State Highway, permission for the removal shall be secured from the State Highway Department and any other authority in jurisdiction prior to the issuance of a permit by the ECC. The term “moving” as used herein shall mean the change of location without dismantling the structure. The Moving Contractor shall provide adequate pubic liability and property damage insurance in such amounts as may be requested by the ECC, but in no event less than $500,000.00 for injury to any one person (including death), not less than $1,000,000.00 for personal injuries in any one accident, and not less than $500,000.00 for property damage. The Contractor shall furnish the Association with a Certificate, or Certificates of Insurance, showing the above-named coverage required to be obtained by the Contractor stipulating that such insurance shall not be canceled without ten (10) days prior to written notice in advance given to the Association and the owner of the structure. Both the Association and the owner(s) of the structure shall be named in the Certificates. (Modular Homes, which have had all inspections required to that date, shall be permitted to be moved after the requirements above are completed). The moving shall be “at the risk” of the contractor in all cases. The granting of a Permit to move a structure by the Association shall in no event be construed to impose any liability, express or implied, on the part of the Association, its Officers, Directors, Servants, Agents or Employees. (ECCR Section 126 5/1/89) 22 | P a g e
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The owner or contractor must notify all service companies in writing when wire or other apparatus may be affected by the moving of a building or structure across streets, roads, or highways, which may be affected by demolition, or may be affected by new construction. (ECCR Section 127 4/20/83) It shall be a violation of the Rules and Declaration for any person, firm, or corporation to change the nature of occupancy from a single-family residential dwelling as defined in Section 11 of the Declaration.
(ECCR Section 131 5/1/94)
REMOVAL OF BUILDING: Application for removal or relocation of a building or structure in the Association shall be filed with the ECC and shall be subject to the approval of the ECC. (ECCR Section
128 5/1/94)
The ECC shall be notified in writing of any structure to be moved into the Association at least seven (7) days in advance of the proposed date, so that proper arrangements may be made. (ECCR Section 128
5/1/94)
OPEN FIRE: Is defined as any fire within which the products of combustion are emitted into the open air and are not directed through a stack or chimney. Open fires on Member lots are permitted as long as the fire is in a self-contained vessel designed and manufactured for this purpose and when prudent safety precautions are taken. Manufactured steel rings used in combination with a rock fire pit are acceptable. Use of a spark arrestor, in conjunction with a self-contained vessel is required. Spark arrestors must be readily available at all times. Additionally, a method to extinguish the fire must be within thirty (30) feet of the self-contained vessel. Members must also abide by all Lake and Salem Township fire codes. (amended July 2023) PAVEMENT PROTECTION: When a new dwelling is to be constructed, three (3) railroad ties shall be placed end to end along the edge of the pavement with the top of the tie to be two (2) inches higher than the pavement in the area where the driveway will be. Placement shall be by the excavating contractor before any excavation is done on the lot. If an excavator feels by installing the finished driveway a minimum of thirty-five (35) feet into the property with base, finished top, all grades, swales and/or culverts will protect the POA road edge, approval may be granted. (ECCR Section 1610 5/1/89) Any vehicle exceeding 10,000 lbs. in un-laden weight not be permitted on any lots, amenities or common areas of The Hideout. (BDR 07-41; 2007) The Hideout restricts usage by vehicles of more than ten-tons gross weight during the spring thaw conditions. The thaw conditions shall be reviewed by The Hideout weekly and the restrictions shall be imposed on a week-by-week basis for an aggregate period not to exceed eight weeks during the calendar year. Signs will be conspicuously posted at all the entrances advising when and where the restrictions are applicable. (BDR 11-12, 2011) PROPANE TANKS: The National Fire Protection Agency (NFPA) has established a set of rules that govern the requirements for the clearance around propane tanks in the NFPA 58 Liquefied Petroleum Gas Code (for more information please refer to www.nfpa.org). All tanks must be screened by lattice work and/or plant shrubbery within ninety (90) days of tank installation. Regardless of its size, all tanks must be located so that the filling connection and fixed level 23 | P a g e
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gauge are at least ten (10) feet from any external source of ignition (i.e., open flame, window, a/c, compressor, etc., intake to direct vented gas appliance or intake to a mechanical ventilation system.
TANK SIZE AND SUPPORT PAD REQUIREMENTS: 1 2 1 1 2 1 1
Number of Tanks + Size of Tank 100lb Tank 100lb Tanks 50gal Tank 100gal Upright Tank 100gal Upright Tanks 100gal Horizontal Tank 320gal Horizontal Tank
Required Support Pad Dimensions 24” x 24” 24” x 50” 36” x 36” 44” x 44” 44” x 78” 36” x 82” 42” x 132”
*Support Pad should be approximately 6” larger than the tank on all sides. *Support Pad thickness is determined by Total Gross Weight of FULL tank. Consult with your installer. *Pre-cast slabs or concrete cap blocks are acceptable. Thickness and overall length and width dimensions shall conform to concrete slab requirements. TANK SIZE REFERENCE: (Check with your vendor to confirm approximate dimensions) • • • •
A 50gal Tank is typically 24” Wide and 44” High A 100gal Upright Tank is typically 32” Wide and 54” High A 100gal Horizontal Tank is typically 24” Wide and 36” High and 90” Long A 320gal Horizontal Tank is typically 30” Wide and 120” Long
SAFETY & CLEARANCE GUIDELINES FOR PROPANE TANKS: POA Homeowners who decide to install or replace a propane tank on their property need to be aware of the guidelines for such. The National Fire Protection Agency (NFPA) has established a set of rules that govern the requirements for the clearance around propane tanks in the NFPA 58 Liquefied Petroleum Gas Code. The size of the clearance radius will depend on the type of installation and size of the tank. Vertical Tanks: The requirements for the clearance around vertical propane tanks less than 125 gallons depends on the location of ignition sources, venting windows and doors, and crawl space openings. The tank itself may be placed against next to the house or building, but it has to be at least ten (10) feet from any ignition source such as a water heater vent and three (3) feet from any intake to direct-vent appliances, window, or door. DOT Vertical Tanks
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Minimum Distance from Ignition Source
Minimum Distance from House
Minimum Distance from crawl space, window, door, or overhang
ECC Manual – November 2023
120 gallons or less 125 – 500 gallons
10 feet 10 feet
Can be placed up against house Can be placed up against house
5 feet is preferred (but 3ft is acceptable) 5 feet is preferred (but 3ft is acceptable)
Horizontal Tanks: Horizontal tanks, also referred to as “vessels”, come in three main sizes: 330, 550, and 1,000 gallons. The size of the vessel normally depends on the propane requirements and the size of the structure using the fuel. The requirements for the clearance around the 330 and the 550-gallon tanks are (1) at least ten (10) feet from any structure, (2) ten (10) feet from the property line, (3) and ten (10) feet from any ignition sources (this includes air conditioner compressors). The 1,000-gallon propane tank requires at least twenty-five (25) feet of clearance from the structure, the property line, and any ignition sources. ASME Horizontal Tanks (ABOVE GROUND) Under 125 gallons 125 - 550 gallons
1,000 – 2,000 gallons
Minimum Distance from Ignition Source
Minimum Distance from House
Minimum Distance from crawl space, window, door, or overhang.
Minimum Distance from property line
10 feet
Can be placed up against house
5 feet
10 feet
10 feet
10 feet
10 feet
10 feet
25 feet
10 feet if no other tanks are present. If there was another tank nearby, then 25 ft rule applies.
25 feet
25 feet
Subterranean Tanks: Subterranean Tanks are generally available as 500, and 1,000-gallon vessels. After installation is complete, the only visible part of these tanks is the riser cover, which is about one (1) foot high and one (1) foot in diameter. Because of this type of installation, these tanks only need ten (10) feet of clearance between them and any ignition sources, structures, or property lines. ASME Horizontal Tanks (BELOW GROUND)
Minimum Distance from Ignition Source
Minimum Distance from House
Minimum Distance from crawl space, window, door, or overhang.
Minimum Distance from property line
500 – 2,000 gallons
10 feet
10 feet
10 feet
10 feet
•
To measure the distance of a tank from an ignition source, measure from the filling connection or pressure relief valve.
•
To measure the distance of a tank from household, measure from the filling connection or pressure relief valve.
•
To measure the distance of a tank from a crawl space, window, door, or overhang, measure from the filling connection or pressure relief valve.
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In addition, any propane tank requires a proper support base to prevent contact with the earth. “Propane Tanks” - Cinderblocks are permitted for the mounting of propane tanks. (BDR 12/18/98) In dwellings utilizing gas for heating, cooking, and hot water, supply tanks are to be located in the rear or sides of said dwellings. Propane tanks shall not be placed in the front yard area of a dwelling. Front yard area is defined as; the full width of a lot, from the paved roadway to the front line of the dwelling. The liquefied petroleum gas tanks (bottled gas) are to be set on a level concrete slab. The concrete slab for a tank must be a minimum of four (4) inches thick and extend six (6) inches past the base or leg supports of the tank. Pre-cast slabs or concrete cap blocks are acceptable. Thickness and overall length and width dimensions shall conform to concrete slab requirements. Gas hot water heaters are to be properly vented to the outside. Prior to initial operation, all piping installations shall be pressure tested for leaks. All materials, design, fabrication, and installation practices shall comply with the requirements of the National Fire Protection Association (NFPA) and the National Fuel Gas Code latest editions. (ECCR Section 1706 1/23/99) Fuel Tanks are not allowed between road and/or front of house except with an ECC variance.
SEE LOCATION DIAGRAMS ON THE NEXT PAGE:
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PROTECTIVE BARRIERS: The use of protective barriers for the containment of soil and debris during construction activity taking place on a Member owned property is the property owner’s responsibility whether the work is being performed by themselves, a guest, a tenant, or a hired contractor. This rules also applies to any work activities being performed on our common areas, roads, or any amenity whether performed by our (Maintenance and RS&W) personnel or outside contractors. (BDR 08-18,
4/19/08)
QUIET HOURS: With the exception of Laurel Park, quiet hours within the Hideout are observed as follows: Sunday: Quiet hours conclude at 9:00 am and begin at 10:00 pm Monday - Thursday: Quiet hours conclude at 7:00 am and begin at 10:00 pm Friday: Quiet hours conclude at 7:00 am and begin at 11:00 pm Saturday: Quiet hours conclude at 9:00 am and begin at 11:00 pm.
*All federal holidays will follow Saturday Quiet Hours schedule. RE-SUBDIVISION: No Lot shall be sub-divided. (PC 2V 5/11/70) ROAD DAMAGE COMPENSATION: At any time during the course of constructing an improvement on any residential lot, should any road damage occur anywhere upon a POA road right of way immediately fronting said lot and also twenty- five (25) feet on either side of that lot, the contractor constructing such improvements shall be charged for damage repair on all areas documented on a square footage basis. This shall be charged at the going rate for such repairs, with a minimum charge of $100.00. (ECCR
Section 1608 2/19/86) 27 | P a g e
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SEWAGE DISPOSAL: The central sewage disposal system constructed or to be constructed by Declarant, as said system may at any time be improved or otherwise altered, shall be the sole sewage disposal system for the Development. No Owner shall install or use any alternative system or method of sewage disposal. All plumbing fixtures, washers, toilets, and similar equipment on any Residential Lot shall be connected to the central system through the sewer main, now or hereafter installed in the street abutting said Lot. No outside toilet shall be constructed on any Lot (With the exception of a portable unit used during permitted construction activities.) (PC 2F 5/11/70) SHEDS, GAZEBOS, PERGOLAS: (BM 20-41) Material Requirements: • Must be built of materials and use colors that complement the other existing structures on the lot • All color and material restrictions which apply to homes also apply to Sheds, Pergolas and Gazebos • Metal Sheds, Pergolas and Gazebos are not approved. Limits on size, numbers and connectivity: • No Lot shall be permitted more than three (3) accessory buildings meeting the definition of “Shed”, “Pergola”, or “Gazebo” (see Definitions Section A). • No Shed, Pergola or Gazebo may be physically attached to a second adjacent Shed, Pergola or Gazebo. • Pop-up shades are not considered Gazebos. • The only accessory building larger than 150 SF permitted is a Garage. Approval Process details: • Approval by the ECC of permits for proposed Sheds, Pergolas or Gazebos require a current as-built survey showing the location of all existing and proposed structures. • Permit applications for Sheds, Pergolas and Gazebos proposed with electrical power, propane tanks, footings, concrete slab floors, or which require tree removal, must also include the appropriate additional Hideout and/or Township Permits. SIGNAGE: Signs, banners, flags, or portrayal of such, which are forms of advertising or imply advertising, are not allowed in the community. This includes political material, names, and companies, which clearly imply advertising. Excluded would be sporting and non-advertising banners / flags. All signs, with the exception of those displayed upon address posts, erected by or for the owner may not exceed 200 square inches in size or be nearer than eight (8) feet to the edge of any Hideout roadway. Signs may not be permanently attached to any trees, but may be hung independently on trees, posts, and ornamental columns within the Member’s lot. Lighting for approved signs must be confined to illuminations of only the property in question. Commercial Signage: Commercial signs are not permitted in the residential sections with the following exceptions: • • • • 28 | P a g e
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• Lot Signage: An emergency numbering system became mandatory as of September 1, 2002, adding that individual Lot numbers be added to the Lot owners sign post. ONLY developed Lots, those with houses, are required to have a sign post clearly displaying BOTH the Lot and 911 numbers on both sides of the post. Undeveloped Lots do not require a sign post. See below for emergency number requirements. • • • • • •
The placard must be Green in color With 4” high white reflective numbers Number placement must be vertical The overall size of the placard for both single- and double- digit numbers is 6” wide by 12” in length The overall size of the placard for three-digit numbers is 6” wide by 18” in length The placard must be visible from both sides of the post
Signs are not to be nailed to trees, but must be hung independently on posts or ornamental columns. SWIMMING POOLS: Individual private swimming pools are not permitted in the Association. SOLAR POLICY (3/18/23): The Board of Directors adopts these guidelines to promote the use of solar energy for heating and cooling and to ensure uniform installation and design of solar energy systems. 1. Homeowners should consider all existing structures and landscaping before selecting a site for any proposed solar system. a. Solar panels shall be roof mounted on structures only. This includes garages (attached or detached), single-family dwellings, sheds, and deck / porch awnings. 2. Any Hideout solar panel permit will require a township permit before Hideout approval. Both Lake and Salem townships require permits prior to panel installation. 3. All plans must be preapproved by the Environmental Control Committee (ECC) prior to installation. 4. Preferred location of solar panels is a rear-facing, roof-mounted array. Flush-mounted panels (i.e. – the plane of the array is parallel to the roof) on a roof facing a street will be allowed if documentation is provided from the solar contractor indicating this is the only feasible location for a solar array, or the installer provides information indicating that the front of the structure allows for better sun exposure or physical conditions. If panels are installed on a side or rear roof, the array may be tilted or raised if a variance is granted by the ECC. 5. All components of the solar system should be integrated into the design of the home. The color of the solar system components should generally conform to the color of the roof shingles to the extent practical. Solar “shingles” that mimic the look of a composite shingle are acceptable but should match the color of the current roof shingles as much as is practical. 6. All solar installation must follow the most current solar state regulations, chapter 23 (solar systems) of IRC code 2009. 7. The installation of all solar heating and cooling systems shall only be done by a licensed installer or journeyman plumber. Applications submitted to the ECC should include the following: a. A diagram “drawn to scale” by the licensed contractor installing the system showing where the system will be installed 29 | P a g e
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b. Photos of the roof area where the array will be mounted c. Material to be used and/or manufacturer’s description of the system, photos and/or pictures of the system. d. A color sample of the system to be installed. 8. Piping and electrical connections will be located directly under and/or within the perimeter of the panels, when possible, and placed as inconspicuously as possible when viewed from all angles. 9. The highest point of a solar panel array will be lower than the ridge of the roof where it is attached. TEMPORARY STRUCTURE RESTRICTIONS: No travel trailer or tent shall be placed or erected on any Lot, nor shall any overnight camping be permitted on any Lot. NO mobile home shall be placed or erected on any Lot except as permitted by the Committee, provided, however, that prior to the conveyance of all the Common Areas to the Association, the Committee shall not permit any mobile home to be placed or erected on any Lot. (PC 2Q 5/11/70) TREE REMOVAL: No tree over three (3) inches in diameter may be cut down without the prior written consent of the Committee. A minimum fine of up to $100.00 per tree under twelve (12) inches in diameter, anything over twelve (12) inches in diameter will result in an additional fine of $50.00 an inch.
(PC 2R 5/11/70)
Written approval will be required to cut any tree over three (3) inches in diameter and/or beyond ten (10) feet from the foundation line around any homes. A minimum fine of $100.00 per tree, under twelve (12) inches in diameter, and $50.00 per inch over (12) inches may be imposed. Failure of the Contractor or any persons to obtain written approval for any of the above, may result in a minimum fine of $100.00. (ECCR Section 115 3/17/91) All trees to be removed for modular home construction will be marked for the ECC’s approval. Any trees taken above and beyond will be replaced at a 2 to 1 ratio due to maturity and approved by the ECC or its designee. (ECCR Section 108 5/1/85) In no case nor under any conditions shall trees in excess of three (3) inches in diameter be removed in order to place a modular home on its foundation unless a plot plan is submitted showing the area to be cleared as well as a plan of restoration for replacing any excess trees which were removed during the installation of the modular home. (ECCR Section 108 5/1/89) TREE REPLACEMENT: Homeowners/Contractors are required to replace all trees removed prior to or during construction of a new home or structure due to circumstances and/or hardship designation. This tree replacement should be completed within six (6) months of the issuance of a certificate of occupancy. (BDR 06-47, 9/19/06) TRAILERS ( 4/8/22): No trailer shall be stored on any lot within The Hideout POA over the following length, width, height, and towing capacity limits as follows: •
Enclosed trailers may not exceed 7 feet in width, and 14 feet in length. No enclosed trailer may exceed an 8 foot wall height.
•
Open trailers may not exceed 7 feet in width, and 20 feet in length. Open trailers shall not exceed 7,000 pounds in towing capacity no matter the number of axles.
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NOTE: No dump trailers, or hydraulic powered trailers of any kind shall be stored on any lot. NOTE: No lettering or advertising of any kind shall be present on any trailers stored on a lot. For any unique trailers unclear to the dimension requirements listed above, will require Variance request submitted to the ECC Committee. It will be up to the Committee’s discretion with regard to acceptance of storage on any lot within the Association. UNSAFE BUILDING: Whenever the POA determines that an unoccupied structure or building, the whole or in part, is a menace and hazard to public health, safety, or property, it shall issue a notice addressed to the owner or owners to their last known address, which notice shall direct such owner or owners to proceed to remove or destroy, alter, or repair, the said dwelling, structure, or wall, or part thereof, as the case may be, within thirty (30) days of said notice. If such owner or owners shall fail, neglect, or refuse to proceed with such removal, destruction, alteration, or repair within the thirty (30) days fixed, then the POA, upon the direction of Wayne County Court, shall cause such work to be done, and the cost thereof shall be charged against the property owners Hideout POA account with the property involved. (ECCR Section 125 4/20/83) USED BUILDING: No used buildings shall be placed on any Lot. (PC 2D 5/11/70) WATER SYSTEM: The central water system constructed or to be constructed by Declarant, as said system may at any time be improved, or otherwise altered, shall be the sole water system for the Development. No owner shall install or use any alternative system or method of water supply. (PC 2G 5/11/70) WETLANDS: “Wetlands” have been scientifically proven to maintain and improve water quality as well as provide a necessary habitat for wildlife, and for aesthetic values. The vegetation indigenous to wetlands actually pulls pollutants out of the water, thereby helping to maintain drinking water purity. Wetlands also work to retain water to prevent flooding. This explains why wetlands, which often are not readily recognizable by a non-expert, are often determined by the type of vegetation supported by the land or the hydric nature of the soils. To maintain and resolve the biological, physical and chemical integrity of the nation’s waters, the federal “Clean Water Act” and the state “Dam Safety and Encroachment Act” were enacted. These Pennsylvania laws granted jurisdictional regulation to the Army Corps of Engineers, US Environmental Protection Agency and PA Department of Environmental Resources. These governmental bodies have enforcement powers to force property owners, buildings, and anyone responsible for filling in or otherwise disturbing wetlands, to restore such lands to their original condition, to pay fines, or to dedicate other lands for wetlands purposes, as well as proceed on a criminal basis against the responsible parties. Each property owner, builder, excavator, or anyone discharging into or otherwise disturbing wetlands, is responsible for their actions and consequences. The Association, or its employees and committees in making inspections, approving building applications, accepting application fees, or issuing permits, do not in any way assume responsibility for the actions or consequences of those disturbing wetlands. The Association or its employees and committees do not in any way assume responsibility for providing notice to others that their property may contain wetlands or that their actions may disturb wetlands. This is consistent with the general knowledge that wetlands are not readily ascertainable by non-experts. The Association requires that property owners or their builders arrange, prior to any construction, excavation, filling or improvement activity, to have an accredited expert perform a soil survey to 31 | P a g e
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determine if, and delineate where, wetlands exist on the property to be improved/disturbed. With this policy, it is the objective of the Association to assist property owners in mitigating the consequences of their improvements in wetlands, where they may exist. In cases where the Association has been informed by: Municipal, State or Federal regulatory agencies in jurisdiction, including but not limited to: the Pennsylvania Department of Environmental Resources, the Army Corps of Engineers, and/or the Department of the Interior – Fish and Wildlife Service, that an Owner’s property contains wetlands, the Owner and/or Builder must furnish to the Association appropriate Township, State and/or Federal permits that may be required before the Association will issue its Building Permit under the terms and conditions of its ECC Rules. (ECCR Article 113 3/2/88)
SECTION E – LAND USE FIREWOOD: Trees which must be removed shall be cut into logs of suitable fireplace length, and neatly stacked in a ventilated area to the side or rear of a dwelling. Smaller pieces of kindling or starter logs may be placed in such containers as designed for that purpose. Stacked firewood piles shall not be placed in the front yard area of a dwelling. Front yard area is defined as the full width of the lot, from the paved roadway to the front line of the dwelling. On a corner lot, the front yard area shall be on one street only, and shall be either that side having the main entrance, or that one side mutually agreed by the builder and the ECC. Dead trees, trees in obvious danger of falling on power lines or buildings, or trees in the area of building improvements must first be approved for cutting. Trees less than three (3) inches in diameter or trees felled by storm may be cut up by the property owner for logs. Property owners may call upon the ECC for determination if the owner is in doubt, or concerned about potential danger. Builders and their subcontractors shall use all reasonable care to protect the property owner’s trees against damage by their power equipment or vehicles. All branches and small trees must be mulched, shredded, or hauled out at time of clearing lot for construction. (ECCR Section 1602 5/1/89). Dumpsters are to be used solely for household garbage. FLOOR AREA REQUIRED: Each dwelling constructed on a foundation shall have a fully enclosed floor area of not less than 750 square feet. In the case of a split level or a two-story dwelling, the fully enclosed area shall be at least 550 square feet on the first floor. Fully enclosed shall mean all that floor area which has all surrounding studs in place, all walls and interior partitions fully covered, and all ceilings finished, when the dwelling is initially constructed. Future space to be enclosed may not be included in this minimum requirement. Enclosed porches or garages shall not be included in this minimum floor area. In computing floor area, all portions of the dwelling with less than seven (7) feet, six (6) inches in clear height shall be disregarded. (ECCR Section 600 9/23/87) RESIDENTIAL LOTS: No improvement except a Single-Family Dwelling and such outbuildings as are usually accessory thereto shall be constructed, placed, or permitted to remain on any Residential Lot. The following restrictions shall apply specifically to such Lots: 32 | P a g e
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1. Minimum Area. Each dwelling constructed shall have a fully enclosed floor area (exclusive of roofed or unroofed porches, terraces, garages, carports, or other outbuildings) of not less than 750 square feet. In the case of single-story dwellings, all 750 square feet shall be situated on the first floor. 2. Single-story Construction. Each such dwelling shall be single-story, unless split-level or two-story construction is approved by the Committee. 3. Set Backs. Except as shown on the Plat, every dwelling shall be at least: • 50 feet from the nearest lake • 25 feet from the front Lot line • 10 feet from each side Lot line • 25 feet from the rear of Lot line
(PC 4A 5/11/70)
It shall be a violation of the Rules and Declaration for any person, firm, or corporation to change the nature of occupancy from a single-family residential dwelling as defined in Section 11 of the Declaration. (ECCR Section 131 5/1/94)
SECTION F – PROVISIONS WITH RESPECT TO LAKES & LOTS DECLARANT’S NON-RESPONSIBILITY FOR DAMAGES: The Association shall not be liable for damages caused by erosion, washing, or other action of the water of any lake. (PC 5D 5/11/70) OWNERSHIP OF LAKE FRONT LOTS: The boundary of any Lot which is shown on the Plat as contiguous to a lake shall be the shoreline of said lake as said shoreline would be if the water level in said lake were one vertical foot above the normal maximum water level of said lake. (PC 5A 5/11/70)
SECTION G – EASEMENTS JOINDER OF LOTS: For the purposes of Section 7A, if the Owner of two or more contiguous Lots uses said Lots as the site of one Single-family Dwelling, said Lots shall be treated as a single Lot for purposes of this Declaration so long as said Lots remain improved with one Single-family Dwelling. (PC 7D 5/11/70) LIABILITY FOR USE OF EASEMENTS: No Owner shall have any claim against Declarant or its Licensees arising out of the exercise or non-exercise of any easement reserved hereunder for the purposes herein set forth. (PC 7B 5/11/70) RESERVATIONS: The following easements and the right of ingress and egress to the extent reasonably necessary to exercise such easements are reserved to Declarant: 1. Utilities: A 10-foot-wide strip on each Lot along the line of such Lot abutting a street and a 5-foot strip on each Lot along the side and rear lines of such Lot for the installation, 33 | P a g e
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2. 3.
4.
5.
maintenance and operation of utilities including TV antenna cables’ and the accessory right to locate guy wires, braces or anchors. Lake and Shoreline Maintenance: A 15-foot-wide strip along the line of any Lot abutting a lake for the purpose of lake and shoreline maintenance. Slope and Drainage: A 30-foot easement on each Lot along the line of such Lot abutting a street for the purpose of cutting, filling, drainage and maintenance of slopes and drainage courses. Flooding Easement: A flowage and flooding easement on each lake-front Lot equal to the lake-front building set-back line as provided in Section 4, iii. Streets: An easement on, over and under all streets in the Development for the purpose of installing, maintaining and operating utilities thereon or thereunder, for purposes of drainage control; for access to any Lot; and for the purposes of maintenance of said streets. (PC 7A 5/11/70)
USE OF MAINTENANCE BY OWNERS: No structure, planting or activity shall be permitted on said easement which may damage or interfere with the use of said easements for the purposes herein set forth. (PC 7B 5/11/70)
SEE DIAGRAMS ON NEXT TWO PAGES FOR EXAMPLES OF SETBACKS & EASEMENTS ON LAKEFRONT & NON-LAKEFRONT LOTS
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SECTION H – PURPOSE, DUTIES AND POWERS OF THE ASSOCIATION DUTIES: In addition to duties imposed by these Bylaws or resolution of the Association, the Board of Directors shall have, without limitations, the following additional powers;
(BL Article X Section 3 12/29/79) 1. The power to adopt reasonable rules and regulations as it may deem advisable for the use, operation, maintenance, conservation and beautification of the Common Areas” and for the health, comfort, safety and general welfare of the Members and Associate Members.
(BL Article X Section 3e 12/29/79) PURPOSES: This Corporation shall have the purposes or powers as may be stated in its Articles of Incorporation and such powers as are now, or may be granted hereafter by the Non-Profit Corporation Law of 1972 of the Commonwealth of Pennsylvania, or any successor legislation. The primary purposes of this Corporation are: (BL Article III Section 1 12/29/79)
a. To assist in the establishment and promotion of a planned unit residential development designed for healthful and harmonious living. (BL Article III 1a 12/29/79) b. To promote, assist, and encourage the collective interest of all Members in the Development. (BL Article III Section 1b 12/29/79) c. To promote and assist in the establishment, care and maintenance of improvements to the common property and any facilities of any kind dedicated to the use and enjoyment of the Development which now exists or which may hereafter be installed or constructed. (BL Article III Section 1c 12/29/79) d. To regulate the use, maintenance, repair restoration, replacement and modification of common property in the Development. (BL Article III Section 1d 12/29/79) e. To assist and cooperate with the Members of all lots, improved and unimproved, for the purpose of promoting and maintaining the natural beauty of the physical environment in the Development so that the value of property will not be impaired or adversely affected by nuisances or other property conditions detrimental to the health and welfare of the Members, and to take such action as may be desirable and necessary to prevent or abate such conditions as may be consistent with the Bylaws, The Declaration of Protective Covenants, and the applicable law. (BL Article III Section 1e
12/29/79)
f. To aid and cooperate with Members of the Association in the Development, the
enforcement of such conditions, covenants and restrictions on and appurtenant to their property as are not in existence, as well as any other conditions, and restrictions as shall hereafter may be approved and adopted. (BL Article III Section 1f 12/29/79) g. To exercise any and all rights, privileges and authority that may be delegated to it from time to time by Members of the Association. (BL Article 111, Section 1g 12/29/79) h. In general, to do everything necessary and proper for the accomplishment of the purposes hereinabove set forth. (BL Article III Section 1H 12/29/79) 37 | P a g e
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The Board of Directors shall adopt such rules and regulations as may be necessary or appropriate for the accomplishment of the purposes of the Association. Such rules and regulations shall become effective when approved by a majority vote of the Board of Directors. (BL Article XII 12/29/79)
SECTION I – MEMBER ACCEPTANCE AND OBLIGATIONS GRANTEE’S ACCEPTANCE SUBJECT TO DECLARATION: Each grantee or purchaser of a Lot, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot, shall accept such deed or contract upon and subject to all provisions of this Declaration and subject to the jurisdiction, rights, powers, privileges and immunities of Declarant, the Committee, and the Association, and shall agree to pay the charges levied against his lot by the Association By such acceptance, such grantee or purchaser shall for himself, his heirs, personal representative, successors and other assigns, covenant, consent and agree to and with Declarant and the grantee or purchaser of each other Lot to keep, observe, comply with and perform the covenants, conditions and restrictions contained in this Declaration. (PC 12a 5/1/70) OBLIGATION: The obligation of Membership shall be: (BL Article IV Section 6)
a. To comply at all times with the Rules and Regulations policies and Bylaws of the b. c. d. e. f.
Association and to be responsible for like compliance by family Members, Guests, Tenants and invitees. (BL Article IV Section 6a) To pay all assessments, fines and other charges levied pursuant to the authority granted in these By laws including interest. (BL Article IV Section 6b) To be responsible for all damages attributable to the Member, his or her family, his or her Guests, Tenants and invitees. (BL Article IV Section 6C) Associate Members obligations include all obligations of Membership provided, however, that Class A Associate Members who are not co-owners have no obligation to pay dues. (BL Article IV Section 6d) Permits – No permits shall be issued to any Member who has failed to fully pay all outstanding dues, special assessments and/or fines assessed against them by the Association on any property owned by such Member within Association. Notwithstanding the foregoing, Management shall be authorized to issue permits in such instances where the failure to do so shall constitute an imminent danger to the Membership or to repair damage to the property for which the permit is being sought.
(BL Article IV Section 6e Amended 4/1/2023)
PROCEDURAL AND INSURANCE REQUIREMENTS: All Owners are requested to engage a general contractor, of proven ability, competence and financial responsibility to insure completion of the work under the contract. In all events, the selection of the contractor shall be at the risk of the owner and be his sole responsibility. The approval of the application by the ECC shall in no event be construed to make the Association, its officers, agents and employees, including the ECC liable for the performance or supervision of the work of the contractor, or for any act of omission or commission of the contractor arising out of the performance of the contract with the owner.
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At or prior to approval of the permit application by the ECC, the contractor and the owner shall provide the POA with the following: Evidence by the contractor through Certificate of Insurance to be furnished to the POA as: 1. Workmen’s Compensation Insurance as required by law. 2. Public liability and property damage insurance under which the Association and the owner shall be named as additional insured properly protecting and indemnifying the owner and the Association in the amount of not less than $500,000.00 for injury to any one person (including death), not less than $1,000,000.00 for personal injuries in any one accident and not less than $500,000.00 for property damage. Structural underground blasting and explosion insurance may be required if that is part of the work to be performed. Finally, contractual coverage for the indemnity agreement herein specified shall also be provided. 3. Comprehensive Automobile liability and property damage insurance of not less than $300,000.00 to any one person and $500,000.00 to any one person in any one accident and property damage of $100,000.00. This insurance shall cover all automobiles and other motor vehicles of the contractor and subcontractors employed at the site. All subcontractors, if any, shall carry the same insurance protection as above set forth for contractors. The contractor, and all subcontractors, if any, shall protect, indemnify and save harmless the POA and employees from any loss, costs, damage or expense arising from: 1. Any and all claims, suits and demands which may be made against the owner and the Association, if any, by reason of any injury, death or damage, suffered or claim to be suffered by any person, firm or corporation, caused or alleged to have been caused by any act of commission or omission, negligent or otherwise of contractor or subcontractors, if any, or any of their employees, workmen, servants or agents arising out of the performance of the contract with the owner. 2. The owner, the contractor and subcontract(s) if any, shall furnish the POA with a certificate of certificates of insurance covering such insurance so maintained in which the owner and the Association are named as their interest may appear, stipulating that such insurance shall not be canceled without fifteen (15) days prior notice in advance to the owner and the Association. (ECCR Section 129 5/1/94) 18-73 MOTION RESOLVED TO approve that all contractors must submit along with their contractor’s certificate of insurance proving general liability insurance, a copy of their state registration with the Attorney General’s office noting their PA HIC number. Note: Rule to be effective on all property improvements going forward. Existing projects are exempt.
SECTION J – TREE REMOVAL & REPLACEMENT POLICY ARTICLE I Purpose: This Article shall apply throughout the entire area of the Association, so as to preserve trees and woodlands from unjustifiable destruction; to preserve soil from erosion and sedimentation; and to protect the use and transfer of topsoil, all for the general well-being of the residents of the Association and neighboring downstream areas. Projects include, but are not limited to, new home construction, 39 | P a g e
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home additions/expansions, renovations, sheds, garages, driveways, decks, retaining walls, and any other such work requiring tree(s) removal or destruction. Definitions: As used in this article, the following terms shall have the meanings indicated: ECC: Environmental Control Committee CROWN OF A TREE:
The upper part of the tree including the branches and foliage.
DBH: Tree diameter is usually measured at 4.5ft. above ground level. Measurement at this height is referred to as Diameter at Breast Height or DBH PERMIT: A “revocable license” to remove or destroy trees or to engage in land-disturbing activity, issued by The POA Hideout officer designated to enforce this article. TREE: Any and all single and multi-trunked plants having diameters of three (3) inches or more at heights of 4.5 feet above the base of the trunk or multiple trunks. WOODED AREA/WOODS: Any Lot that is 10% or more covered by crowns of trees as trees are defined herein. NOTE: The term “Shall” in this Article always is mandatory and not discretionary; the word “May” is permissive. Tree Removal Regulations The following acts do not require a tree removal permit (only applies to non-construction related tree removal): 1. Trees under 3” DBH 2. Trees that have fallen, or are no longer standing on their own. 3. Tree trimming.
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New Construction Related Tree Removal 1. All applications for NEW CONSTRUCTION/DEVELOPMENT shall be accompanied by a tree removal permit application that will be reviewed by the ECC. 2. Prior to approval of a new construction related tree removal application, photos will be taken by the Environmental Manager upon inspection for reference. 3. No tree shall be removed prior to the approval of both the tree removal permit, and construction related permit. 4. Prior to submitting a Tree Removal Permit Application, all trees must be flagged with red tape that will be provided at the POA building upon request. a. Trees under 3” DBH need not be marked for removal. 5. The Environmental Manager shall inspect all trees flagged for removal, then decide on approval or denial. 6. After inspection of any trees flagged for removal, a determination for tree replacement shall be made by the Environmental Manager. The quantity of trees to be replaced is at the Environmental Manager’s / ECC’s discretion. a. Tree replacement is to occur within 6 months of new construction project completion. i. Healthy tree removal replacement shall be mandatory ii. Diseased / Dead tree removal replacement shall be a recommendation 7. The Tree Removal Permit issued by the Environmental Manager / ECC shall be displayed and available for inspection at the site where tree removal and replacement are to take place. The permit shall be placed in a location easily visible from the road while traveling in both directions (i.e. the signpost in the front of the property). DO NOT attach the permit to a tree. Review and Approval of Permits 1. Applications for tree removal and Land Use Permits shall be processed in a timely manner. When all land use and tree removal permit requirements have been met, permits for the activity shall be issued. If a Land Use Permit is denied, the Tree Removal Permit pertaining thereto shall also be denied. No Land Use Permit shall be issued without the issuance of any permit required under this policy. 2. All approved Tree Removal and Land Use permits shall expire at the end of six (6) months from the date of issuance unless extension is requested by the lot owner. No more than one six (6) month extension shall be permitted from the expiration date of the original permit. a. Upon extension of a permit, a new permit shall be issued. The issued extension permit is to be posted in the same regard as the original permit (reference article 7 under “New Construction Related Tree Removal” for proper permit location). b. New Home Construction Permits shall expire at the end of one (1) year from the date of issuance. No extension shall be granted for a new home permit. Criteria for Approval or Disapproval of Permit In determining whether to approve or disapprove an application for a tree removal permit, the appointed Environmental Manager/ECC officer shall consider the following facts: New Construction Criteria Considerations 1. In reviewing building site plans and applications for tree removal permits, the Environmental Manager shall inspect all trees for removal based upon the following factors: a. Tree Health / Size 41 | P a g e
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b. c. d. e.
Safety Necessity of removal in regards to construction Environmental impact Aesthetic purposes
Non-construction Criteria Considerations: 1. Approval of non-construction related tree removal applications shall be based upon the following factors upon inspection: A. Tree health / Size B. Necessity of removal in regards to safety (public and private) C. Environmental Impact D. Aesthetic purposes A. In addition, for preservation of trees in the land grading operation, including lowering, raising, and filling land areas, the following standards shall be met unless modified in specific cases or in general by the Environmental Manager/ECC or by a tree specialist acting for the ECC or for the Environmental Manager, with consideration for tree species, soil conditions, drainage, slope and other factors: 1. Roots beneath the crown of a tree shall not be bared. 2. Root areas of a tree shall not be reduced nearer to the base of the tree than the area of the crown of the tree. Exceptions may be granted by the Environmental Manager. 3. The surface around a tree shall not be raised with soil or other material, permanently or temporarily, more than six inches unless the tree is welled-in and provision is made for the well to drain to the outer reaches of the crown of the tree or to the natural ground surface if that is nearer. Design of wells must have approval of a tree specialist acting for the Environmental Manager. The Environmental Manager shall have authority to affix reasonable conditions to the granting of a tree permit. Appeals Whenever an application for a permit shall be denied by the Environmental Manager/ECC, the applicant may appeal the denial to the ECC by filing a written notice of appeal with the Environmental Manager within 30 days after receiving written notice of the denial.
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Inspections A. The Permitting Officer/ECC shall reserve the right to inspect any permitted project at any time to ensure compliance. B. The Environmental Manager and/or the Public Safety Manager may issue a “Stop Work Order” if a project is not being executed in accordance with the approved plan or regulations. Authorization to Enter Upon Land Each application for tree removal or land disturbance permit shall be deemed to be an authorization by the applicant for the Environmental Manager, or designee, to enter upon the lot(s) referred to in the application for inspections contemplated by this Article. After an approved project is completed and the issued permit has been signed, dated and returned to the POA, the Environmental Manager or his/her designee has the authority to inspect the completed work site to ensure original and approved plans were adhered to. If it is discovered that the finished product deviated from the original plans, the homeowner will face ECC violations and fines to correct the issue. Permit Fees and Penalties for Tree Removal When filing a Tree Removal Permit Application, the applicant shall pay a fee according to the following schedule: A. Basic fee of $25.00 per application of any tree removal (Board Motion 1/20/2024). B. For transplanting a tree in a living condition: no fee. C. Dead / Dangerous / Diseased tree removal: no fee. D. NEW HOME with a building permit or site plan approval: $3,000.00 DEPOSIT in addition to the building permit. Deposit is refundable if all conditions are completed according to rules. E. PENALTIES for clearing without a valid building permit, or site plan approval: 1. For clearing land of trees: $5,000.00 per Lot and any part thereof, plus per Tree Fee. The Tree Fee consists of $100.00 per tree under twelve (12) inches in diameter, and $50.00 per inch over twelve (12) inches will be imposed. ARTICLE II – ADJUTANT PROVISIONS FOR HIDEOUT TREES AND SHRUBS Prohibited Acts No person shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts to a tree, shrub or plant on a public right-of-way or park area: A. Spray with any chemical on any such tree, shrub or plant; B. Fasten any rope, wire, nail, bolt, sign or other device to any such tree or shrub. C. Remove or damage any guard or device placed to protect any such tree or shrub. Planting on Hideout Common Areas and Set Backs Prohibited No tree, shrub, or bush shall be planted in any set-back or right-of-way. If planting efforts will encroach into the established Roamingwood Sewer & Water easement area (5 feet from the side or rear property lines OR 10 feet from the front property line), a Memorandum of Understanding for RS&W easement encroachment must be completed and signed in full. This can be found in the Major Landscaping Permit Application. 43 | P a g e
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It is the lot owner’s responsibility to check with RS&W personnel to ensure their proposed project will not negatively impact RS&W utilities. Any landscaping is subject to removal in the event of a utility emergency, in which the homeowner will be responsible for replacement and/or repair. Approval for Major Landscaping work to be completed on any property in the Association is at the lot owner’s risk with the understanding that the possibility exists that landscaping upon the lot may be impacted if a utility service needs to access the utility easement. Maintenance of Trees and Shrubs The owner of any lands lying within the POA shall keep all trees, bushes and/or shrubs maintained in a safe manner so they shall not create a hazard to the general public. Notice to Property Owner for the Removal of Dangerous Trees and/or Shrubs In case any tree or shrub, or any part thereof, along the POA roadway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall comply with any POA request to remove or trim the tree or shrub that poses a danger to public safety. Removal – Dangerous Trees or Shrubs within the Right-of-Way of the POA roadway: The POA shall be empowered to prune or remove trees and/or shrubs deemed to be a danger to the Membership within the right-of-way of any Hideout roadway. 1. In the event of non-compliance, or non-communication, the lot owner may be billed for the cost of pruning / removal. Compliance: Violations and Penalties Any person who violates the provision of this policy may be served with a Non-Compliant Citation and shall be subject to the penalties for such violation. Continued Violations If any person shall continue to violate any of the provisions of this Article after being duly notified of such violation(s) or shall neglect or refuse to comply with any lawful order of the Department of Public Safety and/or the Department of Public Works, the failure to comply with a second, or each of any subsequent notifications or orders, shall be construed as an additional violation of this Article, and each such additional offense shall subject the offending lot owner to the same penalty as provided for the first offense. QUESTIONS concerning the Tree Removal & Replacement Program should be directed to the Environmental Department at ext. 108 or 120.
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