BCW Rules and Regulations

BRIER CREST WOODS PROPERTY OWNERS ASSOCIATION

RULES AND REGULATIONS

HC1, BOX 500 Blakeslee, PA 18610 Phone: 570-646-8802

Fax: 570-646-5772 E-mail: [email protected]

Web Site: www.briercrestwoods.com NOTE: Items that have been deleted within the most recent revisions are in red and lined thru. Example Items that have been revised or are new within the most recent revisions are in blue. Example ISSUES AND REVISIONS: Revised August 2005 Revised May 2009 Revised January 2006 Revised July 2009 Revised March 2006 Revised September 2009 Revised May 2006 Revised September 2010 Revised February 2007 Revised May 2007 Revised August 2007 General Revision December 2007 Revised September 2008 Revised November 2008

EFFECTIVE DATE: January 1, 2011

Brier Crest Woods Rules and Regulations

TABLE OF CONTENTS TABLE OF CONTENTS........................................................................................................................ 2 ARTICLE 1 - PURPOSE and DEFINITIONS......................................................................................... 4 1.1. Brier Crest Woods Property Owners Association (BCWPOA) .............................................. 4 1.2. Rules and Regulations.............................................................................................................. 4 ARTICLE 2 - GENERAL RULES and REGULATIONS...................................................................... 5 ARTICLE 3 - IDENTIFICATION............................................................................................................ 7 3.1. PERSONAL (Badges) ............................................................................................................. 7 3.2. VEHICLES (Stickers) ............................................................................................................. 7 ARTICLE 4 - COMMON AREAS............................................................................................................ 8 4.1. LAKE....................................................................................................................................... 8 4.2. BEACH AREA........................................................................................................................ 8 4.3. FISHING.................................................................................................................................. 9 4.4. BOATS..................................................................................................................................... 9 4.5. PLAYGROUND...................................................................................................................... 9 4.6. COMMUNITY BUILDING AND PAVILION....................................................................... 9 4.7. TENNIS COURTS................................................................................................................. 11 4.8. TRASH and RECYCLING.................................................................................................... 12 ARTICLE 5 - VEHICLES........................................................................................................................ 12 5.1. BICYCLES............................................................................................................................. 12 5.2. RECREATIONAL VEHICLES............................................................................................. 13 5.3. ALL TERRAIN VEHICLES (ATV) ..................................................................................... 13 5.4. SNOWMOBILES................................................................................................................... 14 5.5. GOLF CARTS........................................................................................................................ 14 5.6. DIRT BIKES AND OTHER 2-WHEELED, MOTORIZED VEHICLES............................. 14 5.7. AUTOMOBILES, MOTORCYCLES and TRUCKS............................................................ 15 ARTICLE 6 ENVIRONMENTAL and ESTHETIC.......................................................................... 15 6.1. GENERAL.............................................................................................................................. 15 6.2. SIGNS..................................................................................................................................... 16 6.3. LITTERING............................................................................................................................ 16

A. STREETS...................................................................................................................... 16 B. OWNERS PROPERTY............................................................................................... 16

6.4. PETS....................................................................................................................................... 17 6.5. NOISE..................................................................................................................................... 17 6.6. FIREARMS AND HUNTING............................................................................................... 17 6.7. FIREWORKS......................................................................................................................... 18 ARTICLE 7 CONSTRUCTION........................................................................................................... 18 7.1. NEW CONSTRUCTION....................................................................................................... 18

A. GENERAL REQUIREMENTS...................................................................................18 B. PLANS and DOCUMENTS ....................................................................................... 19 C. PERMITS.................................................................................................................... 20 D. SETBACKS ................................................................................................................ 20 E. EASEMENTS..............................................................................................................20 F. WELL and SEPTIC..................................................................................................... 20 G. BLASTING ................................................................................................................ 21 H. ENVIRONMENTAL.................................................................................................. 21 I. TRUCK RESTRICTIONS.......................................................................................... 22

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TABLE OF CONTENTS (continued)

7.2. EXISTING CONSTRUCTION.............................................................................................. 22 A. PERMITS .................................................................................................................. 22 B. ENVIRONMENTAL ................................................................................................ 22

ARTICLE 8 - CITATIONS and FINES................................................................................................. 23 A. GENERAL.................................................................................................................. 23 B. ISSUING..................................................................................................................... 23 C. APPEALING............................................................................................................... 24 D. FINES.......................................................................................................................... 25

TABLE 1 - OFFENSES and FINES........................................................................................................ 26 INDEX........................................................................................................................................................ 27 APPENDIX A - AFFIDAVIT OF INTENT TO BUILD........................................................................ 28 APPENDIX B - AGREEMENT TO ABIDE BY RULES AND

REGULATIONS FOR CONSTRUCTION................................................................................ 29 APPENDIX C - PROTOCOL FOR APPEALS HEARINGS................................................................ 30

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ARTICLE 1 - PURPOSE and DEFINITIONS

1.1. Brier Crest Woods Property Owners Association (BCWPOA) A. The Brier Crest Woods Property Owners Association (BCWPOA) is a non-profit

organization consisting of individual owners in a real estate development who automatically become members of the association upon the purchase of property in the development.

B. The primary purpose and responsibility of all community associations is to protect, preserve and enhance the value of the property. The authority of the Brier Crest Woods Property Owners Association to make and enforce the following Rules and Regulations is derived from the Declaration of Protective Covenants and Restrictions.

1.2. Rules and Regulations A. The following Rules and Regulations are the result of recommendations made by

various committees acting under the auspices of the Board of Directors of the Association.

B. These rules and regulations are in addition to the covenants and restrictions contained in the various recorded deeds and in the By-Laws of the Brier Crest Woods Property Owners Association.

C. Any violation of these Rules and Regulations could result in a suspension of privileges, a fine, or both, as well as institution of a Civil Action to recover sums due for damages or injunctive relief, or other appropriate action.

D. Our Board of Directors meetings are held on the second Saturday of each month. The date and time of these meetings are printed in the newsletter and posted on our website and the bulletin board at the main entrance. All board meetings are held at the Community Building.

E. If you have a change of address and/or telephone number, please notify our office so that we may update our records. To reach us by phone, please call 570-646-8802, or you may email us at [email protected]. Please consider giving us your e-mail address for our records. This is the easiest and most economical way for us to keep you updated on the happenings here at Brier Crest Woods. You may do so by either stopping in the office to drop it off, by calling us or by sending the office an e-mail.

F. We hope you enjoy the Poconos and the amenities we have in Brier Crest Woods.

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ARTICLE 2 - GENERAL RULES and REGULATIONS

1. All persons entering Brier Crest Woods (BCW) shall conduct themselves in accordance with the Rules and Regulations. While using any community facilities, proper decorum must be maintained at all times. No abusive or improper language, rowdy behavior, vandalism or any disruption will be tolerated.

2. All Local Ordinances as well as Laws of the Commonwealth of Pennsylvania, including but not limited to: Motor Vehicles; Firearms; Drugs or Controlled Substances; Fireworks; Intoxicating Beverages; Fish, Game, and Wildlife must be obeyed. Violators will be prosecuted.

3. The Association will use whatever reasonable means necessary to insure that members, guests/visitors and renters/tenants comply with the Rules and Regulations.

4. Only members in good standing, including their guests (tenants) are permitted to use the facilities of BCW. A Member in good standing is defined as one who is current on all dues and has no outstanding fines owed to the BCWPOA.

5. Members are responsible for their own actions and the actions of their guests (tenants). 6. Any one defacing or destroying anything on the common property, or on private property

in BCW will be prosecuted. 7. No one under the age of 21 is permitted to consume alcoholic (or malt) beverages

anywhere on the BCW beach or common property. 8. All Deed Restrictions and Reservations on record deeds are deemed to be part of the

Rules and Regulations. 9. Camping is not permitted on any property or common grounds within the development. 10. All property owners are required to register their guests (renters/tenants) in advance. Guests

(renters/tenants) may be registered by mail, fax (570-646-5772), or in person at the BCW office. Failure to register your guest (tenants) will result in a citation.

11. Unauthorized solicitations are prohibited. 12. No skateboarding is permitted on Brier Crest Woods roads or common areas. 13. No trespassing on privately owned property unless written permission is possessed. 14. Security, lifeguards or any authorized personnel have the right to remove anyone from any of the facilities who is causing a safety problem or who disobeys any lawful direction given to them. If the person does not leave, the Pocono Mountain Regional Police may be called to the scene. 15. Home burglar alarms that are activated and require the attention of BCW Security in order to assist responding emergency personnel or to abate noise in the community, and turn out to be false alarms, will be considered a violation. The first two violations will result in a written warning and the third will result in a citation with a fine of $100. (The three violations must occur within a six month period.) 16. A curfew from 11:00 p.m. until 5:00 a.m. shall be enforced for all residents and guest below the age of 18 years. The curfew for the beach area is from 12:00 a.m. until 6:00 a.m. The intent of this regulation is to eliminate loitering or other potentially dangerous situations on or in common areas.

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17. Effective January 1, 2009 any renting or leasing of a homeowners property must be registered with the BCW office and is subject to the following fees and terms:

Fee Structure for Renters: 1. Weekend (up to 4 days/3 nights) $ 25.00 2. Weekly (Up to 8 days/7 nights) $ 50.00 3. Up to 1 month $100.00 4. Seasonal (over 1 month) $100.00/month 5. Yearly (Must be registered with office) No Charge Fines for failure register renters: 1st Offense $250.00

2nd Offense $500.00 Rental Forms are available from the BCW Office or on the website at www.briercrestwoods.com/downloads.htm PLEASE NOTE: The property owner is responsible for any and all outstanding violations and fines accumulated by any guest or renter staying at their property. Any owner who chooses to ignore this responsibility will be placed in not-in-good standing status and thus forfeit their rights to use our amenities.

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ARTICLE 3 - IDENTIFICATION

3.1. PERSONAL (Badges)

A. Brier Crest Woods Badges (6/property) will be given to all property owners in good standing, and will be distributed prior to the summer season. A member in good standing is one who has paid their yearly dues and also has no outstanding fines levied against their property. AT NO TIME should a property owner, in good standing, allow another property owner, who is not in good standing, to gain access to any of the BCW amenities by sharing their badges. Doing so abuses the privileges that other property owners have achieved by maintaining their good standing in the BCWPOA. Please respect the integrity of our members in good standing by adhering to this request. B. All Brier Crest Woods Badges must be signed for. C. BCW Badges and/or personal identification must be presented upon request to Security or any authorized personnel. D. Brier Crest Woods Badges must be worn when using Brier Crest Woods amenities (beach area, tennis courts, fishing, etc.). E. Additional Brier Crest Woods Badges may be purchased at the BCW office for $5.00/badge or 6 for $25.00. F. PENALTIES FOR VIOLATION OF THIS SECTION

1. Any person not wearing a badge will be asked to leave the amenity. G. All residents and guests shall identify themselves and provide the location of their property (residence or rental home) when requested by Security Officers. Failure to cooperate with Security Officers, using abusive language or gestures, or intentionally interfering with duties of a Security Officer shall be considered to be non-compliance with these rules and regulations. (See Table 1)

3.2. VEHICLES (Stickers) (Not to include golf carts, ATVs, or Snowmobiles)

A. Vehicle ID stickers will be issued to all property owners in good standing, and will be distributed prior to the summer season.

B. Property owners are responsible for obtaining a sticker for each of their vehicles and to place it on the front of the inside rear-view mirror (facing the windshield). C. Hanging mirror tags for guests and renters will be available from the office or

security personnel. It is the responsibility of the property owner to ensure that all guest or renters display the tags while operating their vehicle in Brier Crest Woods.

D. Each property owner is entitled to three stickers and two tags at no charge. Additional stickers and/or tags may be purchased at the BCW office. E. PENALTIES FOR VIOLATION OF THIS SECTION

1. Vehicles not displaying the proper identification may not use the dumpsters or park at BCW facilities such as the Community Building, beach, or fishing

areas. Vehicles without proper identification will be asked to leave that area.

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ARTICLE 4 - COMMON AREAS

4.1. LAKE A. No vehicle of any kind can be ridden in or on the lake and dam area. B. No gasoline motors permitted on the lake. C. No diving, or jumping off dam or fishing platforms into the lake. D. Glass beverage containers are prohibited. E. Any boat, electric powered or non-powered, must display a current BCW sticker. F. Pennsylvania regulations require that life jackets be available for all passengers while in boats, and must be worn at all times by children 16 and under. Inflatable life vests (jackets) are not acceptable. An emergency whistle must also be on board

4.2. BEACH AREA

A. The beach will be open to all Association members in good standing, their guests, visitors, renters and tenants.

B. Swimming at the beach, whenever lifeguards are not present, is at your own risk. C. Admittance to the beach area will be restricted to Association members, their guests/visitors, renters and tenants who have current-year, BCW badges. BCW badges shall be visible at all times in order to enter and remain in this area.

D. Children under the age of twelve (12) must be accompanied by an adult who will have full responsibility for the safety and conduct of the child, or a babysitter over the age of sixteen (16) who will assume the same responsibility.

E. The Lifeguards shall have full responsibility for the safety and conduct of all persons within the beach area and shall have, at his or her discretion, use of such disciplinary action as may be necessary to maintain proper conduct of the safety and enjoyment of all persons using this facility. Enforcement of these Rules and Regulations will be uniformly administered.

F. No glass containers are allowed on the beach area. G. No running, pushing, loud or boisterous play will be permitted on the beach area. H. Lifeguards will not permit loud music or sounds by way of portable radios, cassette

decks, CD players, etc. I. No Dogs, cats or other animals referred to as household pets or domesticated

animals will be permitted in the lake, on the beach, at the picnic areas or other places designated as recreational areas.

J. Conversations or discussions with the lifeguard while he/she is on duty are discouraged.

K. The Association is not responsible for any personal articles left in the confines of the beach area or within dressing or bathroom areas.

L. No beach umbrellas and beach or deck chairs may be positioned directly in front of the lifeguard stands in order not to obstruct the lifeguards view and mobility.

M. Diving from the dock or swimming beyond the perimeter ropes and off of boats is strictly prohibited.

N. Ball playing shall be limited to the playground area located at the beach. O. No person under the age of 21 may start a fire or barbecue unit at the beach or

picnic area without the continuous supervision of an adult. Any unauthorized fire discovered shall be immediately reported to the Fire Department. Adherence to all local ordinances will be strictly enforced.

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P. Skateboarding is not permitted in the beach area. (See Article 2, No. 12) Q. No one will be permitted on the beach or pavilion area from 12:00 a.m. until

6:00 a.m.

4.3. FISHING A. All persons fishing must obey the State Fish and Game Regulations. (PA Fish,

Game and Forestry Rules). Note: All persons 16 and older are required to have a fishing license.

B. No fishing in designated beach area (s). C. Badges must be worn while fishing. D. Parking is permitted ONLY on the lake side of Elk Drive. E. Ice Fishing is permitted at participants own risk. Holes drilled must be properly marked. F. No glass receptacles on the fishing docks.

4.4. BOATS

A. All boats must be registered annually with the Brier Crest Woods office. B. Boats must be stored on the owners property or in the designated boat storage racks. There is a seasonal rental fee of $10.00 to reserve a space in the boat racks. Any boat found in the racks without registering first in the office will be removed and taken to the community building until the fee is paid and the subsequent fine for illegally using the racks is paid. C. Boat rack spaces are reserved and assigned annually by the Brier Crest Woods office. At the end of the fall season, all boats using the storage racks must be removed from the racks. If this is not done, BCW will assume the owner has forfeited their rights to the boat and BCW will take ownership of the boat(s) in question as per the agreement the owner signed at the beginning of the boating season. At a specified date and time, BCW will hold a silent auction for these boats and sell them. D. Boats that are not registered with the office will be removed by BCW and owners will be subject to appropriate fines. E. BCW will strictly adhere to the PA Fish and Boat Commissions Rules and Regulations as outlined in their Boating Handbook.

4.5. PLAYGROUND

A. All children under the age of twelve (12) who utilize the playground area must be under the direct supervision of an adult.

B. Playground equipment is to be used safely and carefully. C. Report any damage to the playground equipment to Security.

4.6. COMMUNITY BUILDING AND PAVILION

A. PURPOSE: To provide rules and regulations governing the use of the Brier Crest Woods Community Building to insure the health, welfare and safety of all members and guests.

B. BUILDING USE: The Community Building is to be utilized for the offices of the Association and all its proper functions including, but not limited to, the provision of security, maintenance, record storage, board and membership meetings, and for the use of membership functions on a reserved basis as set forth hereinafter.

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C. WHO MAY USE THE BUILDING: Board members for such business as benefits the administration of the association; office staff during scheduled business hours; maintenance personnel; security personnel; and any member in good standing who

has properly reserved the facility. D. TYPE OF USE: The building may be utilized for functions such as weddings,

anniversaries, graduations, birthday, and community service functions. E. GENERAL RULES:

1. There shall be no smoking permitted in the building at any time. 2. There shall be no unsupervised youth functions. 3. There shall be no alcoholic beverages permitted on the premises during any

affair run primarily for persons under the age of 18. 4. The occupancy of any event shall not exceed the limitation imposed by the

state or local statute or ordinance. 5. The association shall not sell alcoholic beverage on the premises. If users desire

to provide alcoholic beverages, they shall bear full responsibility at any function for violation of the law.

6. It shall be the responsibility of the user to reserve the building within the BCW office during regular BCW office hours.

F. FEES AND DEPOSITS: 1. Any member in good standing who intends to use the building shall pay a

fee of $100.00 and a deposit of $150.00. 2. All fees and deposits are due one (1) month prior to the date reserved. 3. A member may be denied their deposit refund if there are any damages to the

building. 4. The user will be responsible for damages incurred that exceed the amount of the

deposit. G. REFUNDS: 1. If a user cancels his or her affair more than two (2) weeks before the

reserved date, all monies shall be refunded with the exception of a $10.00 processing fee.

2. If the user fails to cancel within the time period stated above, the Association will return only the deposit monies except if the cancellation results from an unexpected hardship (e.g. death in the family)

3. If the user changes the date, he or she shall be charged a $5.00 processing fee.

4. Deposits monies shall be returned after the BCW office has inspected the building and has found no reason to retain same.

5. The deposit shall be returned within ten (10) days after inspection. H. TIME RESTRICTIONS:

1. There shall be a five (5) hour limit for any function. In no event shall a function continue beyond 2:00 A.M. the following day.

2. If the function ends at 2:00A.M., the user has the option to remain one (1) hour longer for clean-up and damage inspection or may return not later than 10:00 A.M. that day to take care of clean-up and damage inspection.

I. RESPONSIBILITIES OF BCW OFFICE PERSONNEL: 1. It shall be the responsibility of the office personnel to maintain an

appointment calendar.

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2. The office personnel shall post a copy of the monthly use schedule in calendar on the first day of each month.

3. The office personnel shall also provide the security officers with a copy of the calendar on the first day of each month.

4. The office personnel shall inspect the building immediately upon the end of the function as soon as practicable.

5. The office personnel shall return or deny refunds pursuant to these rules and regulations governing same.

J. RESPONSIBILITIES OF THE MEMBER: 1. It shall be the responsibility of the user to reserve the building and provide the user fee and deposit one (1) month in advance of the reserved date. 2. The user shall sign and date a use agreement form and adhere to all rules and

regulations governing said agreement and use. 3. It shall be the responsibility of the user to clean up and inspect for any damage immediately upon the end of the affair. 4. The user may accompany the BCW office during his or her inspection tour. K. RESPONSIBILITIES OF SECURITY: 1. Security personnel shall be responsible to open and close the building for reserved function after regular office hours. 2. Security personnel shall provide periodic surveillance in order to provide emergency assistance if needed. 3. Security personnel shall inspect the building immediately upon the end of the

function to check such things as heat, running water, open windows, and damage.

4. Security personnel shall secure the building. L. RESERVING THE PAVILION: 1. A $10.00/hour fee will be needed to reserve the pavilion and/or for the use of the BBQ pits. The pavilion may be reserved for a maximum of 4 hours/day. 2. It is the responsibility of the user to clean up this area and restore it to the condition in which it was prior to their affair and to ensure that any fire or hot coals left in the BBQ pits, if used, is completely extinguished. PLEASE NOTE: If you are having a party or gathering at the pavilion and do not reserve it, then as is the norm, the pavilion is available to all on a first come basis. At no time does reserving the pavilion mean that the bathrooms will be left open for you should your affair run later than the close of our beach hours. Our lifeguards are responsible to lock our bathrooms as they leave the area at the end of the final shift on duty. Should you require the need of the bathroom facilities after this, you will need to get advance approval from the office or security to have these facilities remain open.

4.7. TENNIS COURTS A. Proper tennis footwear is to be worn on the courts. B. Smoking is prohibited on the courts. C. No animals are permitted on the tennis courts. D. No other activities are permitted on the courts without the permission of the BCW Board of Directors. E. BCW Badges must be worn on the courts at all times.

F. Skateboarding, roller-skating, roller-blading, or wheels of any kind are not permitted on any of the tennis courts.

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4.8. TRASH and RECYCLING A. Leaving refuse in plastic bags at curbside is prohibited. If maintenance personnel are sent to clean it up, the owner will be charged a fee of $50.00. B. Individuals are prohibited from conveying and/or depositing household trash and

garbage in the containers at the beach, picnic area and recreational areas, or any other public area.

C. Dumpsters are located at the clubhouse property off Thornberry Lane., across from the mailbox area. Household trash or garbage may be deposited in them. Owners should make every effort to separate recyclables such as plastic, glass and aluminum and deposit them in the appropriate dumpster. Please Note: The hours of operation posted for our dumpsters. These are the only hours during which you are allowed to dispose of your trash and recyclables. Anyone caught utilizing this area outside of these posted hours will be fined accordingly.

D. Persons depositing refrigerators, hot water heaters, stoves, couches, chairs, mattresses, building materials, etc. in the area of the dumpsters at the clubhouse area shall be subject to a fine by the Association of $100.00. In addition, the Association reserves the right to file civil charges.

E. Rental agents and owners are responsible to inform their tenants and guests of the location and use of the trash containers. There is no curbside pick-up.

F. Contractors, sub-contractors and suppliers are not permitted to dump any items in the trash containers. Property owners are responsible for any fines issued to a contractor, sub-contractor or supplier while they are performing services or delivering goods to the property of the property owner.

G. Large items, such as furniture, refrigerators, washers, dryers, water heaters, etc, are not permitted in the trash containers. Proper removal is the responsibility of the property owner.

H. Proper removal of construction debris is the responsibility of the property owner. (No construction debris is to be placed in the dumpsters).

I. All property owners, guests and renters/tenants are required to adhere to existing recycling requirements.

J. Disposal of landscaping debris is prohibited. Call BCW office for information on disposal.

ARTICLE 5 - VEHICLES

5.1. BICYCLES A. Ride on the right side of the roadway, with traffic. B. Ride single file (never side to side). C. Always give a hand signal to let others know that you intend to stop or turn. D. Obey all stop signs. E. Keep at least one hand on the handlebars at all times; riding no hands is

dangerous and unlawful. F. Carrying another person on your bike is not permitted, unless it is a bicycle built

for two. G. Hitching rides by holding on to cars or other vehicles is not permitted.

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H. Riding after dark without lights is prohibited. I. In accordance with Pennsylvania State Law all children 12 and under are required

to wear a helmet.

5.2. RECREATIONAL VEHICLES A. Recreational vehicles are defined as ATV (3 wheel and 4 wheel), snowmobiles, dirt

bikes, mopeds, golf carts (gas and electric), or any other motorized vehicle. B. All recreational vehicles must be registered annually by a property owner at the

Association office. C. Owners will also list all usual operators of the recreational vehicles. D. All recreational vehicles must display a current BCW registration sticker with an

identification number. E. Speed limits are as posted throughout the community. F. All recreational vehicles must be in good operating condition, including proper

muffler baffles. G. Security Officers are authorized to stop all violators and enforce the Rules and

Regulations. Headlights and taillights shall be turned on while operating all recreational vehicles.

H. Operators of recreational vehicles shall obey the Pennsylvania Motor Vehicle Rules and Regulations while operating said vehicle including all traffic signs and stop signs.

I. Operators will ride their vehicles only on established BCW roads as designated by the Board of Directors.

J. Driving on the beach, common areas, and drainage swales is prohibited. K. Renters and guests are also required to register their recreational vehicles and must comply with all other Rules and Regulations. L. All recreational vehicles must be insured with a minimum Pennsylvania State

liability coverage requirement of $15,000/$30,000 with receipt of an annual registration sticker, and owner must provide the Association with written proof of current insurance.

M. Prior to annual registration, owner must execute a non-liability waiver releasing the Association from any liability for damage or injuries due to the use of the recreational vehicles.

N. Violators of these Rules and Regulation (including homeowners should the violation be by renters) will be subject to citation, hearing, fine and other penalties as further set forth in the Rules and Regulations of BCWPOA.

5.3. ALL TERRAIN VEHICLES (ATV)

A. The statutory provisions of Chapter 77 of the State of Pennsylvania Vehicle Code, known as the Snowmobile and All-Terrain Vehicle Law, as well as the DCNRs Title 17, PA. Code Chapter 51 will be observed in Brier Crest Woods. B. ATVs shall be defined per Class 1 and Class 2 as outlined in Chapter 77 of the

State of Pennsylvania, known as the Snowmobile and All-terrain Vehicle Law. C. The minimum age for operators shall be sixteen (16) years of age except as

noted below. D. Operators aged eight (8) years through fifteen (15) years of age may be permitted to

operate an ATV only if they have obtained an ATV safety training certificate. For information on a safety instructor near you contact DCNRs Bureau of Forestry at (717) 783-7941

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E. Operators aged eight (8) through nine (9) years of age are restricted to an engine size of 70cc or less.

F. Operators under the age of sixteen (16) years of age shall be accompanied by an adult aged eighteen (18) or older who is within easy hearing range.

G. Securely fastened safety helmets must be worn at all times by all operators. H. Hours of operation shall be from 7:00 a.m. until 11:00 p.m. for operators over the age of eighteen (18) and 7:00 a.m. until 9:00 p.m. for operators under the age of eighteen (18).

5.4. SNOWMOBILES

A. The statutory provisions of Chapter 77 of the State of Pennsylvania Vehicle Code, known as the Snowmobile and All-terrain Vehicle Law, as well as the DCNRs Title 17, PA. Code Chapter 51 will be observed in Brier Crest Woods. B. The minimum age for operators shall be sixteen (16) years of age except as

noted below. C. Operators aged ten (10) years through fifteen (15) years of age may be permitted to

operate an ATV only if they have obtained an ATV safety training certificate. For information on a safety instructor near you contact DCNRs Bureau of Forestry at (717) 783-7941.

D. Operators under the age of sixteen (16) years of age shall be accompanied by an adult aged eighteen (18) or older who is within easy hearing range. E. Securely fastened safety helmets must be worn at all times by all operators. F. Hours of operation shall be from 7:00 a.m. until 11:00 p.m. for operators over the age of eighteen (18) and 7:00 a.m. until 9:00 p.m. for operators under the age of eighteen (18).

5.5. GOLF CARTS

A. The minimum age for operators shall be fourteen (14) years of age except as noted below.

B. Operators less than fourteen (14) years old must be able to reach all controls, and must be accompanied by an adult aged eighteen (18) or older who is seated next to the operator.

C. Hours of operation shall be from daylight until dark unless the golf cart is equipped and operated with headlights and taillights. D. All passengers must be seated directly on a permanent seat at all times.

5.6. DIRT BIKES AND OTHER TWO WHEELED, MOTORIZED VEHICLES

A. The minimum age for operators shall be sixteen (16) years of age except as noted below. B. Operators aged eight (8) years through fifteen (15) years of age may be permitted to

operate these vehicles only if they have obtained an ATV safety training certificate. For information on a safety instructor near you contact DCNRs Bureau of Forestry at (717) 783-7941.

C. Securely fastened safety helmets must be worn at all times by all operators. D. Hours of operation shall be from 7:00 a.m. until 11:00 p.m. for operators over the age of eighteen (18) and 7:00 a.m. until 9:00 p.m. for operators under the age of eighteen (18).

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5.7. AUTOMOBILES, MOTORCYCLES and TRUCKS A. Pennsylvania Motor Vehicle laws apply. B. All motor vehicle operators must be insured and licensed, were applicable. C. Construction vehicles are restricted. Please refer to Article 7 (7.1 Sec. I). D. The speed limit is 25 miles per hour unless otherwise posted. E. PARKING:

1. Unauthorized parking in a designated handicapped parking area will result in a $100.00 fine, plus $10.00 costs. 2. No tractor-trailers may park overnight anywhere in the development. 3. Tractors must be parked forty (40) feet off the roadway. 4. All construction vehicles must be removed from BCW on weekends and holidays unless they are kept on the property upon which they are working. Street storage of such vehicles is prohibited at all times 5. All parking violations subject to towing are at the owners expense. 6. Parking is available at beach, office and clubhouse areas, playground, and tennis courts. Vehicles may only be parked at designated areas. This includes mopeds, motorcycles, recreational vehicles and bicycles 7. Parking vehicles on any roadway is prohibited. Any vehicle parked on a street, which impedes vehicular traffic in any way, shall be removed at the owners expense. Overflow parking because of a temporary event such as a party is permitted providing that the office and/or security is notified. 8. It shall be illegal to park in a prohibited area including intersection or right of way, private property, etc.

ARTICLE 6 ENVIRONMENTAL and ESTHETIC

6.1. GENERAL A. BCW does not allow a property owner to hold an individual yard sale. However, on

the Sunday of both the Memorial Day and Labor Day weekends, BCW will allow a property owner to hold a yard sale on their property as part of our community-wide flea market and yard sale. On these days, the property owner must register in the office for inclusion in our 1-day yard sale. Failure to register will result in a fine and security will close down the property owners yard sale for that day. The association does allow an owner to hold a whole house sale wherein the entire contents of a house are for sale. This sale must be registered at the office at least 2 weeks prior to the date of the sale. At no time during this sale are any items allowed to be placed outside the structure of the house (i.e. in the yard). However, if a property owner chooses to hold an auction sale by a licensed auctioneer then this sale could be held outside on the property of the owner. This type of sale must be registered and approved by the Board of Directors at least one month in advance of the auction. At no time may an owner place a sign advertising their house or the sale on the exterior of their property. Please refer to Article 6 (6.2, D). This is strictly enforced.

B. No outdoor fires of any kind shall be permitted in the community except for fire contained in the fire pit at the beach. Please refer to Article 4 (4.2 Sec. O). C. No burning of refuse, trash, rubbish, leaves, twigs, and the like are allowed in

Brier Crest Woods.

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D. Each owner shall maintain drainage ditches and swales at the street line in good condition so as to insure uninterrupted flow of water.

E. Ref Article 7 (7.1, H1) No building contractor or property owner shall remove more than 70 or 80 percent, depending on lot size, of the trees at the time of construction or thereafter without written authorization to include an acceptable replacement plan. No trees whose girth exceeds twelve (12) inches shall be removed without written permission from the Association. In all cases, a buffer of trees must remain on three sides of the property.

F. No permanent pools, above or below ground level, shall be allowed. Pools that are temporary in nature and less than two feet in depth are allowed, provided that they do not remain in place when the home is unoccupied. These pools are portable in nature and are often referred to as kiddy pools or wading pools.

6.2. SIGNS A. Lot signs that include lot number, block number and section are required on all properties and must be visible from the street. B. Lot signs can be no larger than 18 inches x 18 inches. C. Commercial sign are not permitted in the development. See Article 7 (7.1/A5) D. No signs (with the exception of security warnings) including commercial signs, For Sale signs, realtors signs, or any other shall be erected on any residential lot, with the exception that realtors signs may be placed inside the window of a home. E. No signs expected to be in place for ninety (90) days or more may be erected on

roadways or other common property without approval of the Board of Directors.

6.3. LITTERING A. STREETS

1. Littering is prohibited and is punishable by fine. B. OWNERS PROPERTY

1. No lot or other area within the boundaries of Brier Crest Woods shall be used as a dumping ground for rubbish. 2. Motor vehicles not displaying current registration and current state inspections if applicable to said state, farm implements, household appliances, trash, junk or other items that would tend to degrade the property and thus our development may not be kept un-housed on the premises of any property owner. Should this occur, the occupant of said property will be given a Notice for Removal and must comply with said notice within ten (10) days of receipt. Should this notice be ignored, then the following actions will result:

A. If it is a rental property, a certified letter with Return Receipt Requested as well as a 1st class mail package will be sent to the owner outlining the situation with a copy of the Notice for Removal and giving the owner 10 days after receipt of the mail to correct the situation before fines begin to accumulate. It shall be presumed that any notice provided under this section shall be received within 3 business days from the date of the mailing.

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B. If it is not a rental property or if it is the property owner who is in receipt of the initial notification, then said property owner will have only the 10 days given on the original notice to rectify the situation before fines will begin to accumulate.

The aforementioned fines will be $50.00 plus costs for the initial fine. Should this situation continue to go unresolved, a second notice will be sent out and additional fines will begin to accumulate at a rate of $25.00/day for each subsequent day this situation is not resolved. Said property owner will receive copies of each fine as they are instituted.

6.4. PETS

A. Only household pets are permitted. B. All pets must be confined to the owners property or on a leash as designated by Pennsylvania leash law. C. No pets are allowed on the beach, in the swimming area, or boat dock area. D. Dogs must be licensed with the State after the age of six (6) months or after being in the State for six (6) months, in accordance with Pennsylvania State Law. E. All persons walking their pets off their own property are required to clean up after

their pets. F. Any stray dogs or cats picked up by security will be turned over to the Monroe

County Dog warden and the owner will be fined by BCW. G. Outdoor cats must have identification of the property owner. H. It shall be unlawful to own, harbor or keep in custody any dog, which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person in Brier Crest Woods. Continuous barking, howling or the making of other loud noises by such dog for more than one (1) hour or continuous

barking for periods of less than one (1) hour but more than one-half hour, which periods occur on two or more consecutive days, shall be deemed to disturb the peace and to cause annoyance and discomfort to persons in Brier Crest Woods.

I. All dogs and cats must have current rabies vaccinations.

6.5. NOISE A. There shall not be any unnecessary loud or irritating sounds either by voice or instrument that disturbs the peace and composure of a property owner not residing in the same household. This shall include but is not limited to barking dogs, loud radios or any other entertainment/audio equipment, foul language, automobiles, amplifying devices, etc. between the hours of 11:00 P.M. and 8:00 A.M. No warnings will be given during these hours. During all other hours of the day, one warning will be given. If the violation continues, or if it stops and re-occurs later during that same day, then a fine will be issued for non-compliance with the BCWPOA Rules and Regulations. Should this not remedy the situation, BCW will look to legally stop this misconduct through our court system. We will also seek to have the offending party be responsible for any and all legal costs and fees incurred by BCW to enforce this relief. B. Dog(s) barking, see Article 6 (6.4/H)

6.6. FIREARMS AND HUNTING

A. Hunting or the discharge of any firearm within the boundaries of Brier Crest Woods is prohibited.

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B. Carrying a loaded firearm within the confines of the Brier Crest Woods Community is strictly prohibited unless authorized by the Commonwealth of Pennsylvania. Any person in possession of any firearms must be in compliance with the Laws of the Commonwealth of Pennsylvania.

6.7. FIREWORKS

A. No personal fireworks of any type are permitted in Brier Crest Woods at any time. Any individual caught in the act of setting off fireworks will be subject to the maximum fine allowed as outlined in Table 1. B. Only fireworks that are presented by a licensed authority, who also carries the state-mandated minimum insurance coverage, may be set off within the boundaries of Brier Crest Woods.

ARTICLE 7 CONSTRUCTION Violation of these sections may result in the issuance of a Stop Work order, fine, or both. The maximum fine for first offense will be $500 and $1,000 for the second offense and so on. All property owners acknowledge and agree that they are responsible to the Association for any violations of the Rules of the Association committed by any contractor, sub-contractor or supplier performing services or providing goods to the property of the property owner. BCW retains the right, and the home property owner acknowledges same, to make restorations as deemed appropriate by the Board of Directors. Any expenses incurred by BCW, not limited to but to include, restoration costs and fees as well as any reasonable court costs, attorney fees and costs associated therein are the responsibility of the property owner.

7.1. NEW CONSTRUCTION

A. GENERAL REQUIREMENTS 1. No structure shall be erected or maintained on premises other than a single permanent dwelling (mobile homes are prohibited, modular homes are acceptable) with no less than seven hundred and sixty eight (768) square feet of living area, and not less than fourteen (14) feet in width. Garages for more than three automobiles are prohibited. Acceptable garages must be used for residential purposes only. 2. No excavation shall be made on premises except for the erection of an approved structure and the exterior must be completed within six (6) months after ground is broken. 3. All chimneys must be equipped with an effective spark control device. 4. All roofs must be constructed with fire resistant materials. 5. No signs shall be erected at building sites. 6. For new home construction, all contractors will have at least one portable toilet and one dumpster on site no later than the date on which foundation work begins.

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7. In order to further enhance the woodland nature and beauty of Brier Crest Woods, no fencing shall be permitted, with the exception of a split rail fence or a picket fence of natural materials, not to exceed three rails or four foot in height, whichever is greater. Only clear wood preservative or natural colored stain may be applied. No painting of rails or pickets will be permitted. No chain link or metal fences of any type will be permitted in the front of the property. All fences must be within the appropriate setbacks. A tree or shrubbery fence is permitted irrespective of height.

B. PLANS and DOCUMENTS 1. Once plans for any project have been submitted and approved by BCW, changes to the plans as originally submitted to BCW must be resubmitted and approved before they are implemented. Any changes made prior to the new approval will place the construction site in violation. Permits may be rescinded, construction halted, and fines applied. 2. In order to have building plans approved by the Brier Crest Building Permit Committee, one (1) complete set of plans and documents, consisting of the following, must be submitted: NOTE: If the homeowner wishes to receive approved documents, he or she shall submit a duplicate copy of said document.

a. Complete BCW Building Permits Application form and Certificate of Insurance. b. A check in the amount of the fee indicated & made payable to BCWPOA. c. A copy of the Township Sewage Permit (new home construction only). d. Copy of the Township Building & Zoning Permits. e. Plot Plan. f. Tree removal plan. The plan shall consist of a copy of the survey marked with the location of all trees on the lot and an X over the trees that are to be removed. No tree removal shall commence until the plan is approved. Once approved, trees to be removed must be marked for review during the site inspection. No tree may be removed until the site inspection is complete and all permits have been issued. See Section F in this article for further details. g. Copy of Survey (new home construction only). h. Driveway/Culvert Pipe must be indicated on Plot Plan & Location of Driveway showing drainpipe & size. Pipe must be sized at a minimum diameter of 15 inches to a maximum of 20 inches and be approved by BCW before installation. i. Copy of Deed (new construction only). j. Set of Building Plans k. Location of well (no less than 10 feet from property line) on Plot Plan (minimum of 100 feet from any septic system). l. Survey of Property must be made prior to Perc (percolation) test (improper procedure may cause a No Build Lot)

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m. Receipt for payment of BCW transfer fee (lot). Fee is $280.00 unless owner signs an Affidavit of Intent to Build (Appendix A), in which case the fee is not payable. However, failure to build within the specified time shall result in payment for the transfer fee becoming immediately payable and due. n. Signed Agreement to BCW Rules and Regulations for Construction, (Appendix B) o. When building is completed and township has granted the Certificate of Occupancy/Completion (CO), you are required to provide a copy to the BCW office prior to occupying the dwelling. This is necessary to verify that the construction activity is completed and the standards set forth within the permit application were met. THIS IS REQUIRED PRIOR TO USE!

C. PERMITS 1. For a BCW permit to be approved, the member must be in good standing. (All dues, citations, and assessment paid.) 2. All required permits must be obtained before work is begun. 3. BCW permits are valid for one year from date of issue. 4. All property owners must apply for permits from Brier Crest Woods Property Owners Association, as well as from Tunkhannock Township Zoning Office.

D. SETBACKS 1. Minimum Building Setbacks, (Parcels under 1 acre, to include houses, garages, sheds, etc.)

a. Front Setback 40 feet b. Rear Setback 30 feet c. Side Yard Setback 10 feet

2. Minimum Sewage Disposal System Setback a. Side Yard 10 feet b. Rear Yard 10 feet

3. Minimum Well Setback a. Front Property Line 10 feet b. From any septic system 100 feet

4. Minimum Driveway Setback 5 feet from side yard E. EASEMENTS

1. Corner Lots An easement on corner lots within a triangle the legs of which measure 30 (thirty) feet along the right of way line of each street from the point of intersection of the right of way lines to provide for the maintenance of adequate unobstructed sight distances and to provide for the construction of easement arcs of the streets.

2. All lots shall be subject to a utility and drainage easement over the ten (10) feet adjacent to all streets and side property line and the five (5) feet adjacent to the rear property lines

F. WELL and SEPTIC 1. No installation shall be started before approval first from the proper

authorities.

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2. The Tunkhannock Township Sewage Enforcement Officer (SEO) shall have the right to enforce all covenants relative to sanitary facilities in the event the developer fails or is unable to enforce the special covenants. 3. The recommendation of the sanitary feasibility report of the Public

Health Authorities must be complied with. 4. No septic system will be approved unless adequate sized tanks and tile

fields are provided. 5. Location of well on Plot Plan shall meet the setback requirements as outlined in Section D of this Article. 6. For purposes of these rules and regulations, the edge of the septic system shall be considered to be the edge of the aggregate box. The edge of the

berm may extend beyond this point, but in no case shall extend beyond the property line. 7. Septic and well must be located on lots in accordance with the BCW Master Plan. This plan is available for review in the BCW office. We strongly suggest that as a full-time resident you have your septic pumped every 3 years and as a part-time resident every 5 years.

G. BLASTING 1. The use of explosives for building/construction shall conform to all State

and local regulations. BCW requires notice concerning the use of explosives before or at the time builder applies for State permits. Copies of the final permits must be filed with the BCW office prior to the use of any explosives.

H. ENVIRONMENTAL 1. No building contractor or property owner shall remove more than 80% of the trees on a lot of less than acre, or no more than 70% of the trees on a lot of acre to 1 acre in size at the time of construction or thereafter without written authorization to include an acceptable replacement plan. No trees whose girth exceeds twelve (12) inches shall be removed without written permission from the Association. In all cases, a buffer of trees must remain on three sides of the property. Violation of this rule will result in one or all of the following consequences: a. A STOP WORK order will be placed on the site. b. A fine in the amount of $500.00 c. A lien placed on the property will be requested by BCWPOA in the amount estimated by a landscape contractor chosen by the Board, to bring the property within compliance. NOTE: A violation of this rule will also be reported to Tunkhannock Township as it may also be in violation of Ordinance 2009-112. 2. For new home construction, all contractors will have at least one portable toilet and one dumpster on site no later than the date on which foundation work begins unless they can prove to the satisfaction of the BCW Office that the material disposal is being handled in some other satisfactory means not to include the BCW garbage compactor. The site must be maintained trash and debris free at all time.

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I. TRUCK RESTRICTIONS 1. Construction vehicles over twenty (20) tons are not permitted in the Brier Crest Woods community from February 15th to April 15th. Dates are subject to change due to weather conditions. Notice will be posted on the website www.briercrestwoods.com, on the bulletin board at the main entrance, and on the bulletin board in the mailbox area. 2. Oversized Vehicles requiring an escort must schedule delivery in BCW with the office and requires a BCW Security escort within the community. 3. Any construction equipment parked on the street at or near construction sites overnight must have marking cones placed in front and behind for the safety of the residents and notification must be given to the BCW office and/or security.

7.2. EXISTING CONSTRUCTION

A. PERMITS 1. All construction, major repair and/or addition of out buildings require a

BCW Permit. Some will have applicable fees and others will not. All applicants must first obtain a permit for work from the township and show such permit when applying for BCW Permit.

B. ENVIRONMENTAL 1. For renovations or other work to existing homes, the contractor or homeowner will have a dumpster on site prior to the beginning of construction unless they can prove to the satisfaction of the BCW Office that the material disposal is being handled in some other satisfactory means not to include the BCW garbage compactor. NOTE: for deck renovations, treated lumber may not be placed in the burn pit. 2. In order to further enhance the woodland nature and beauty of Brier Crest Woods, no fencing shall be permitted, with the exception of a split rail fence or a picket fence of natural materials that are intended for ornamental purposes only. No chain link or metal fences of any type will be permitted. Front and side yard fences shall not exceed five feet in height. Picket fences must have pickets no wider than three (3) inches with a minimum of two and one half (2-1/2) inches between pickets. Rear yard fences may be a maximum of six feet in height. Only clear wood preservative or natural colored stain may be applied. No painting of rails or pickets will be permitted. All fences must be within the appropriate setbacks. A tree or shrubbery fence is permitted irrespective of height. 3. Ref Article 7 (7.1,H1) No building contractor or property owner shall remove more than 70 or 80 percent, depending on lot size, of the trees at the time of construction or thereafter without written authorization to include an acceptable replacement plan. No trees whose girth exceeds twelve (12) inches shall be removed without written permission from the Association. In all cases, a buffer of trees must remain on three sides of the property.

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4. Dog pens will be permitted in the rear yard only, to be placed behind the house whereby having the least visibility from the road. The size of the dog pen may not exceed one hundred square feet and may not exceed six foot in height. Said dog pen may be constructed of natural materials such as picket fencing to be finished with a clear wood preservative or natural stain. No painting of the pen will be permitted. A pre-manufactured dog pen constructed of chain link fencing will be permitted, as long as it is housed in a picket fence made of natural materials, both of which may not exceed six foot in height and forty square feet. A permit will be required for the placement or erection of any dog pen. Accompanying the permit application shall be a plot plan indicating size, placement and setbacks. 5. Any driveway work which moves the location or changes the surface of said driveway requires a new assessment by BCW of swale drainage which may include requiring a swale pipe as noted in Article 7 (7.1/B2h) for new construction.

ARTICLE 8 - CITATIONS and FINES

A. GENERAL 1. If an action is deemed dangerous and/or harmful to the health and safety of BCWPOA members, the BCW Board of Directors reserves the right to increase fines. 2. The Association, within its discretion, may assess or levy a fine of $25.00, $50.00 or $100.00 for any violation not otherwise stipulated by these Rules and Regulations. The Association may assess or levy an additional fine of $100.00 for any failure to abate such violation. 3. For violation of all other Rules & Regulations not specified, the fine shall be $50.00 plus $10.00 costs plus a 1% per month finance charge. 4. For the first offense within a one year period, the security officer may, at his or her discretion, issue a verbal or written warning in lieu of a citation. A subsequent violation of this same rule or regulation that falls within a one-year period shall be considered a second offense. No warnings may be issued for the second or subsequent offenses.

B. ISSUING 1. The original copy of the citation or written warning will be filed in the BCW office. The accused will receive a carbon copy. If the accused is not the property owner, then the property owner will be notified via phone and mail, of the outstanding citation. A copy of the citation will be sent via 1st class mail as well as via certified mail, delivery receipt required to the property owner. At all times, the property owner holds the responsibility to ensure payment or resolution of any outstanding citation(s). Failure to comply will result in a property owners loss of good-standing status. Please refer to Article 2 (Number 4).

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2. A citation to a minor shall consist of delivery of a copy of the citation to the residence in Brier Crest Woods of any such owner, renter, keeper, or custodian. 3. All citations shall be in writing and shall identify and specify the following: a. the name of the accused.

b. the residence of the property. c. the date and time of the infraction. d. the offense which is being cited. e. the amount of the fine.

C. APPEALING 1. Within fifteen (15) days of receipt of the citation you may either:

a. forward payment to the BCWPOA in the amount indicated on the citation. b. appeal the citation(s) by notifying the BCW office in writing, via fax or U.S. mail. Phone response is not acceptable. If you fail to respond within the fifteen-day period, you forfeit your right

to an appeals hearing and necessary legal remedies will be taken to collect the assessment and the costs set forth in the citation.

2. If an appeal is filed, a hearing will be scheduled for a date and time by the Appeals Committee and the Defendant/Property Owner will be notified. Should this date and time be unavailable to the property owner, it is the responsibility of the property owner to reschedule this hearing with the appeals committee. This rescheduling cannot be further than 60 days out from the original scheduled hearing. Failure to meet within this timeframe shall result in a dismissal of your right to appeal and all fines will be deemed accurate and due. The hearing will be conducted per the protocol outlined in Appendix C, Protocol for Appeals Hearings. 3. With reference to The Bylaws of the Brier Crest Woods Property Association, Article 3, Section 5A Disciplinary Procedures, the Board of Directors hereby delegates and assigns certain authorities to the Appeals Committee for complaints (citations) issued by security officers.

a. The Board waives the review of findings and recommendations of the Committee as outlined in subparagraph (4) unless requested to do so by the Committee or the defendant. Should a defendant wish to further appeal the findings of the committee they must request of the chairperson at the end of their hearing, or upon final notification of the committees decision, that this matter be allowed before the Board of Directors. The chairperson will notify the board of the findings of the committee and also of the request to appear. The property owner will be heard at the next scheduled board meeting. Failure to appear for that board meeting will result in the prior decision of the appeals committee being final.

4. After review of the citation, the Committee is authorized to: a. Uphold the citation and fine in its entirety. b. Uphold the fine in a citation but dismiss other added penalties such as cleanup costs if they feel they are excessive or not applicable.

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c. Dismiss the citation if a majority of the Committee believes that there has been a case of mistaken identity or the citation was issued for an offense that was not, in fact, a violation of BCW Rules and Regulations or the Bylaws.

Fines may not be reduced or increased unless they were incorrectly calculated per the table of fines in the Rules and Regulations.

The Committee may recommend installment payments for fines in cases of hardship, but in no case shall the period be more than 90 days.

For juvenile defendants under the age of 18 years, the Committee may impose Community Service if a security officer or maintenance employee is willing to administer and supervise it and the parent or guardian of the defendant agrees. One hour of work shall equate to $10.00. No work will involve the use of machinery or otherwise put the juvenile in an environment that might be deemed hazardous.

The Committee will issue a written report to the Board prior to the next scheduled meeting of the Board, giving the outcome of all citations heard.

The Committee will follow up with the BCW office to ensure that all upheld fines (not payable in installments) have been paid within 30 days. Any fines that have not been paid after 30 days shall be listed in the Committees report to the Board.

D. FINES 1. Property owners are responsible for all fines levied upon family members, tenants, guests, renters, contractors, sub-contractors and/or suppliers performing services or providing goods to ones property . 2. For a list of offenses and fines, see TABLE 1 3. Fines for violation of specific rules and regulations are in addition to the general fines noted in TABLE 1. 4. Some violations may result in additional fines or punishment from state, county, or municipal authorities.

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TABLE 1 OFFENSES AND FINES

Please Note: The property owner is directly responsible for all fines assigned to their property

without regard to fines incurred by the owner, family, guest, renter, contractor, sub-contractor and/or supplier providing goods or services to your property.

OFFENSE FINE ($) for

FIRST OFFENSE

FINE ($) for SECOND OFFENSE

COST ($)

Building Violations $500.00 $200.00 $10.00 Burning, Outdoor $100.00 $200.00 $10.00 Chimney Cap missing $100.00 $200.00 $10.00 Dumping of construction debris by a Contractor

$500.00 $1,000.00 $10.00

Dumping of construction debris by a Property Owner

$500.00 $1,000.00 $10.00

Dumping of large items $100.00 $200.00 $10.00 False Alarms $25.00 $50.00 $10.00 Handicapped parking violation $100.00 $100.00 $10.00 Littering $100.00 $200.00 $10.00 Misuse of Amenities $50.00 $100.00 $10.00 Non-Compliance with BCWPOA Rules & Regulations

$50.00 $500.00 $100.00 - $1,000.00 $10.00

Nuisance, General $50.00 $100.00 $10.00 Pet (Animal) violation $50.00 $100.00 $10.00 Reckless Driving $100.00 $200.00 $10.00 Sign Violations $100.00 $200.00 $10.00 Speeding $75.00 $150.00 $10.00 Traffic Violations, moving $50.00 $100.00 $10.00 Traffic Violations, parking $25.00 $50.00 $10.00 Trash on Property $50.00 $100.00 $10.00 Weapons Discharge or Hunting in BCW

$300.00 $600.00 $10.00

Unlawful Use of Fireworks $250.00 $500.00 $10.00

PLEASE NOTE: A late charge of 1% will be added monthly to any unpaid fine.

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INDEX Alarms, burglar.................................................5 Badges.................................................7,8,9,11 Board of Directors...4,9,11,13,15,16,18,23,24 Boats...............................................................8,9 Burning.......................................................15,26 Cats..........................................................8,17 Citations.........................................5,20,23,24,25 Common Areas..........................................5,8,13 Construction...12,15,16,18,19,20,21,22,23, 26,28,29 Contractors...........................12,18,21,25,26,29 Debris....................................................12,21,26 Dogs.........................................................8,17 Dumpsters..................................................7,12 Fines............................................................6,25 Firearms..................................................5, 17,18 Fires..5,6,7,9,12,16,17,19,23,24,25,26 Fireworks.............................................5,18,26 Fishing.........................................................7,8,9

Garages......................................................18,20 Guests.....................................5,7,8,9,12,13,25 Headlights and taillights...........................13,14 Hearing..........................................13,14,24,30 Lifeguards.................................................5,8,11 Motor vehicles............................................5,16 Parking.....................................................9,15,26 Permits.............................................19,20,21,22 Recreational vehicles.................................13,15 Recycling.........................................................12 Renters............................5,6,7,8,12,13,24,25,26 Setback........................................19,20,21,22,23 Sheds...............................................................20 Skateboarding...........................................5,9,11 Snowmobiles........................................7,13,14 Speed limits................................................13,15 Swimming...................................................8,17 Tractor.............................................................15 Trash...........................................12,15,16,21,26 Trees...............................................16,19,21,22

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APPENDIX A

AFFIDAVIT OF INTENT TO BUILD Whereas, the undersigned property (lot) owner(s) hereby affirms and swears that it is his/her intent to build a home meeting the requirements of these Rules and Regulations of Brier Crest Woods, with said construction to be completed within 18 (eighteen) months from the date deed for said property was recorded in the books of the Monroe County Courthouse. Therefore, the property transfer fee of $280.00 (two hundred eighty dollars) is waived, If construction is not completed within the above stated time, the transfer fee will become immediately payable and due. ADDRESS OF INTENDED HOME: STREET: ___________________________________________________________________________ SECT: _____________________________ LOT: ____________________ BLOCK: ______________ SIGNATURE of OWNER(S): Signed this ___________________ day of ______________________________, __________________

(DAY) (MONTH) (YEAR)

______________________________________ ______________________________________ PRINT NAME (LOT OWNER #1) PRINT NAME (LOT OWNER #2) ______________________________________ ______________________________________ SIGNATURE (LOT OWNER #I) SIGNATURE (LOT OWNER #2) PERMANENT ADDRESS OF OWNER(S): ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ADDRESS (LOT OWNER #1) ADDRESS (LOT OWNER #2) ______________________________________ ______________________________________ PHONE (LOT OWNER #1) PHONE (LOT OWNER #2)

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APPENDIX B

AGREEMENT TO ABIDE BY RULES AND REGULATIONS FOR CONSTRUCTION

The undersigned property owner(s) hereby affirms and agrees that he/she will abide by the requirements of these Rules and Regulations of Brier Crest Woods. He/she also agrees to inform any contractors, sub-contractors or suppliers hired by him/her of these rules, and to be ultimately responsible for any damages that occur to community property as a result of the proposed construction. ADDRESS OF INTENDED CONSTRUCTION: STREET: ___________________________________________________________________________ SECT: _______________________________ LOT: ___________________ BLOCK: _____________ SIGNATURE of OWNER(S): Signed this _______________________day of __________________________, __________________

(DAY) (MONTH) (YEAR) ____________________________________ _____________________________________ PRINT NAME (OWNER #1) PRINT NAME (OWNER #2) ____________________________________ _____________________________________ SIGNATURE (OWNER #I) SIGNATURE (OWNER #2) PERMANENT ADDRESS OF OWNER(S): ____________________________________ _____________________________________ ____________________________________ _____________________________________ ____________________________________ _____________________________________ ADDRESS (OWNER #1) ADDRESS (OWNER #2) ____________________________________ _____________________________________ PHONE (OWNER #1) PHONE (OWNER #2)

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Appendix C

Protocol for Appeals Hearings

A. If neither the affiant (normally the security officer who issued the citation), nor the defendant, nor any witnesses can be present, the hearing should not take place. The principle behind the hearing concept is for the Jury (Committee) to be able to hear both sides of the story, something that cannot occur if one or the other is not present. If a defendant or witness refuses to come, with ample and documented notification, the case should proceed.

B. The hearing should be conducted in a formal manner. Set up the tables so that one table accommodates the committee with the defendant and his or her witnesses at a table to the right of the committee, and the affiant at a table to the left. Although not secret in nature, the hearings should be held without the presence of nonparticipating individuals. (Visitors to the BCW office should not be prevented from doing so, but should be politely asked to leave the hearing room when finished.)

C. Any discussion of the matters at hand shall be prohibited prior to convening the meeting when either the defendant or the affiant is present.

D. The chairman of the committee should call the meeting to order, and then outline exactly how the proceedings will take place.

E. The chairman of the committee will maintain courtroom-like order throughout the meeting. F. Typically, in summary offense hearings, the affiant goes first, then the defendant cross examines the affiant (asks questions based solely on his testimony). The defendant is then given the opportunity to testify, with the affiant given the opportunity to cross examine as well. G. The committee members may and should ask questions to clarify the testimonies given, but must refrain from asking questions that do not pertain to the testimony. They should also refrain from making statements concerning their opinions of either the person making the testimony or of the testimony itself. (Issues of credibility of either should be left to the private deliberations of the committee.) H. When all testimony is complete, the chairman will thank everyone for being present as dismiss the meeting. I. Discussion and decision making should take place in complete privacy with notification of the dispositions to be sent out by first class mail to all parties within five days. J. The committee will prepare a report for the next Board meeting, giving date and time of the hearing, name of the defendant(s), citation numbers if applicable, and the outcome of its deliberations.

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BCW Rules and Regulations

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Transcript of BCW Rules and Regulations