Article 5 Building Restrictions & Requriments
Atricle 5 Building Restrictions & Requriments 5.1 Permitted Buildings. All homes constructed within the Development are restricted to SINGLE FAMILY dwellings, to be used for residential purposes only. No building shall be erected, altered, renovated, placed or permitted to remain on any lot or combination of lots other than: A. Dwelling. One detached single-family dwelling, not to exceed two and one-half stories (35 feet) in height. Dwelling must contain a minimum of 1,200 square feet floor space. For the purpose of these rules and regulations, floor space shall be defined as space inside residence designed for and finished as living accommodations. Basement, attached garage, carport, breezeway, deck, porch and other areas similarly related to the dwelling shall NOT be included in determining floor space. B. Garage. All detached garages constructed in Pocono Farms East shall be limited to a maximum height not to exceed fifteen (15) feet from the poured foundation and all setbacks will be governed by the PFE Rules and Regulations and said pertinent structures shall not be used as a dwelling or for dwelling purposes. C. Shed (storage, garden, tool, etc.). One per lot or combination of lots. Outside base dimensions shall not exceed 144 square feet and height shall not exceed 12 feet. Violation of this Rule shall result in a $250 fine. D. All homes are required to post their lot number in a prominent position, to be seen clearly from road. E. Businesses. No business activities or commercial enterprises of any kind, e.g., auto repair, beauty salons, small engine repair, etc., shall be operated out of such homes, or upon any part of a Member�s property whatsoever, or by any Member upon the Association property. Violation of this Rule shall result in a $500 fine. 5.2 Sewage Disposal System. Sewage disposal systems shall be constructed in accordance with Coolbaugh Township Sewerage Disposal System Codes. The owners of individual lots shall apply for a sewage permit with Coolbaugh Township. The County and/or the Township or their agents shall have the right to enforce Covenants 1 and 2 of the Declaration if the Association fails or is unable to enforce the covenants. Drain beds shall be covered with grass, ground cover or various landscape mulches both for aesthetic reasons and to prevent erosion of the earth walls that can lead to failure of the system. This regulation is subject to Township Sewage Enforcement Officer rulings. 5.3 Front, Side and Rear Yards. All buildings shall be constructed within the following building lines on each lot: A. In Pocono Farms East Sections 1 through 9: Front Yard � 40 feet, Side Yard � 12.5 feet, Rear Yard for main building � 50 feet, Rear Yard for accessory building � 12.5 feet. Combined side yard for accessory buildings � 50 feet. All lots shall be subject to a utility Easement and Drainage Easement over the ten feet adjacent to all streets and right-of-ways and the five feet adjacent to all other lines. Corner lots shall be subject to a sight and roadway easement over a triangle, the legs of which are thirty feet measured along the street right-of-way lines, from their point of intersection. These lot easement areas must remain open and unobstructed, and be from any improvements and encroachments therein. B. In Carriage Estates: Front Yard � 50 feet, Side Yard � 12.5 feet, Rear Yard for main building � 50 feet, Rear Yard for accessory building � 12.5 feet. Combined side yard from accessory buildings � 50 feet. All lots shall be subject to a utility Easement and Drainage Easement over the ten feet adjacent to all streets and right-of-ways and the five feet adjacent to all other lines. Corner lots shall be subject to a sight and roadway easement over a triangle, the legs of which are thirty feet measured along the street right-of-way lines, from their point of intersection. These lot easement areas must remain open and unobstructed, and be from any improvements and encroachments therein. 5.4 Driveways and Access A. In accordance with the original plot plan and surveys of the Development, no driveways shall have access onto Rob Roy Drive or Kings Way, without obtaining Coolbaugh Township�s permission. Driveways entering onto Coolbaugh Township roads shall require a Township driveway permit. B. No driveway shall be constructed in a manner that will interfere with roadway drainage patterns. C. Access to any property for excavation and construction of septic system, foundation and building shall be limited to the driveway(s) indicated on the plot plan filed with their permit application. D. Between each property line, there is a five (5) foot utility easement. In front, there is a ten (10) foot utility easement. 5.5 Culverts. Wherever it is necessary for the Association to install culverts for drainage beneath a Member�s private driveway, payment shall be as follows: A. If such culverts are installed while road improvements are being constructed in front of his property: (1) for the first culvert pipe required the Member shall pay for the pipe(s) required, and the Association shall pay for the costs of installation. (2) for each additional culvert pipe required the Member shall pay the cost of pipe and installation. B. If such culverts are installed after road improvements have been completed in front of his property, the Member shall pay for the installation and culvert pipes required for each driveway on his property. C. If a Member has an existing culvert which meets the flow requirements, then at the Member�s request, the Association shall attempt to salvage and reinstall such existing pipe and charge the Member for installation costs only. However, if the existing culvert fails, the Member shall pay for replacement of said culvert, at no cost to the Association. D. Culverts and Drainage ditches are the responsibility of the PROPERTY OWNER, and are to be maintained, cleaned and kept unobstructed so the water will flow freely and avoid unnecessary flooding. No dumping or raking of leaves into them. Violation of this Rule shall result in a $50 fine. 5.6 Outside burning is not permitted. No burning of twigs, leaves, branches or household garbage is permitted. Violation of this Rule will result in a $100 fine. 5.7 Temporary Occupancy. Only completed dwellings, for which a Certificate of Occupancy has been issued by Coolbaugh Township, shall be used for a residence. No vehicle, structure or thing, such as a van, trailer, tent, recreation vehicle, motor home, mobile home, basement, uncompleted house, shed, shack, playhouse, garage, barn, or other out-building shall be used on any lot at any time to any extent as a residence either temporarily or permanently. Violation of this Rule will result in a $500 fine. 5.8 Building Permits. No building or structure shall be erected upon the premises without first obtaining the Building Site & Permit Inspector�s and/or Architectural Control Committee�s written approval (permits) as to location, elevation, plan and design. Such approval or disapproval shall be given within 15 days after the same has been submitted to the Association. This decision is appealable. 5.9 Excavation. No excavation shall be conducted on a Member�s property except for the purpose of building thereon and only at the time when building operations are to commence. No earth or sand shall be removed from such property except as part of such excavation, without the written consent of the Association. The exterior of the building or structure must be completed within six (6) months after building operations commence, or the Association may require a permit reapplication and the expense for such action shall be charged against such Member and/or contractor. Violation of this Rule will result in a $500 fine. 5.10 Tree and Brush Removal. A permit must be obtained from the Building Site and Permit Inspector and/or Architectural Control Committee prior to tree removal or lot clearing. No Member shall clear any lot or lots of trees and brush except for the purpose of building thereon and only at the time when building operations are to commence. Only the area required for structures, septic systems and driveways shall be cleared of trees. Excessive or unnecessary tree removal shall be a violation of the intent of this regulation. Violation of this Rule will result in a $500 fine. 5.11 Fences. All property lines shall be kept free and open. No closed chain link, hurricane, in-spite, barbed wire or solid fences are permitted. Only boundary fences on the corners of the property shall be permitted without a permit, but may not exceed 3� in height and 10� in length each leg. This Article shall not apply to fences constructed prior to January 1, 1992. All fences constructed after October 1, 1996 must be in compliance with the PFE fence installation guidelines. A. Fence construction will be by �PERMIT ONLY�, B. A plot plan of your fencing, along with a $50 non-refundable fee must be submitted to the Association. C. The maximum height of all fencing will be (4) four feet. D. Four (4) types of fencing will be permitted: 1. corral fencing 2. chain link fencing 3. decorative chain link (single strand only) fencing 4. open picket fencing. E. There will be two (2) steps of inspection: 1. All corner and gate posts must be imbedded into five (5) inches of cement and must be inspected before filling. 2. A final inspection upon completion of fencing must be made. This inspection must correspond to the original plot plan. F. The finished side of the fencing must face out. G. Fencing must be maintained at all times. Any fence that leans, becomes detached, rotted, dismantled or unsightly must be repaired. If this does not occur, the permit will be revoked and the fence must come down. This applies to any pre-existing fence or to new applications. Any property owner not repairing such fence within the time frame determined by the Building Site and Permit Inspector and/or Architectural Committee will be issued a citation and if repair is not made, homeowner will be fined $100 every thirty (30) days until repairs are made. H. Any dispute between neighbors regarding fencing, must be settled between the parties. The Association will not become involved in any disputes. I. Any person or property owner erecting a fence without the proper permit will be fined $500 and the fence must come down immediately. J. Any person altering or not following the original plot plan in the construction of the fence will be fined $500 and they will be required to return the fence to the original plan within sixty (60) days. Any changes must be submitted to the Building Site and Permit Inspector and/or Architectural Committee prior to construction. K. The Association will not assume responsibility for any damage to fencing during snow plowing activity. All permits, inspections and records regarding fencing will come under the authority of the permit inspector. 5.12 Signs. No signs for advertising purposes shall be erected or maintained on the premises or on any buildings on the premises. The following signs are permitted, provided they are freestanding signs and do not conflict with Covenant 7 of the Declaration. A. Builder�s identification sign not over 3� X 3�, only during construction. Sign must be removed upon completion of structure. B. Temporary signs giving directions to events such as yard sales, etc. Such signs must be neat and must be removed at completion of event. Cost of removal by maintenance personnel of signs more than 72 hours old will be charged to Member responsible for event. C. All �For Sale� signs must be posted INSIDE a window of the premises. Violation of this Rule will result in a $50 fine. 5.13 Fuel Storage Tanks. Every permanently installed fuel storage tank on any residential lot shall be screened in with material such as lattice or shrubbery, but the top MUST be exposed for safety reasons. Violation of this Rule will result in a $100 fine. 5.14 Clotheslines. Only one (1) clothesline shall be erected on the property. Clotheslines shall not be erected on the property in the front of any home in the community, nor facing any road (except where it is unavoidable because of site location). Clotheslines must be erected in a location that provides the minimal aesthetic disturbance to the environment. 5.15 Contractor�s Conduct. Tree stumps and debris are to be removed from the Development. If clean up of a lot is not completed, the $500.00 clean up deposit shall be retained by the association to pay for such clean up. If bill for cleanup is more than $500.00, the lot owner will be responsible for any additional charges. 5.16 Contractor�s Working Hours. Each Member and builder shall comply with all applicable governmental and Association building, fire and safety codes and other jurisdictional requirements and standards. Each Member and builder shall acquire and comply with all appropriate permits of the Association or any governmental or jurisdictional authority. A. Construction vehicles with tracks are prohibited from driving on any road easement within the development. B. Construction equipment and materials must be parked or stored: (1) off the road so as not to hinder free passage of traffic. (2) on Member�s property where construction is taking place or on adjoining lot with written permission of the adjoining lot owner. Common areas may not be used for storage, disposal or access. (3) all contractors including those hired by the Association SHALL NOT park any of their equipment anywhere on PFEA property during the winter months, or after their projects are completed for the year. C. To minimize damage to the Association�s roads, road easements and common areas, rough driveways must be installed before any other construction, including clearing of lots, may commence. D. Roads and road easements must be cleaned and restored to their original condition prior to request for return of clean-up deposit from the Architectural Control Committee. E. Contractors� and builders� working hours are allowed Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday from 7:00 a.m. to 1:0 p.m.. Absolutely NO working hours are allowed on SUNDAYS and/or MAJOR HOLIDAYS. 5.17 Any contractor in violation of these rules and regulations shall subject the property owner for whom the contractor was hired to fines and penalties or sanctions therefore. The contractor and the property owner who hired him shall be held liable for repairs to the Association roads and road easements damaged by the contractor as a result of such violation. If such property owner or contractor fails to pay the Association the full amount of said damages, the contractor may lose his right to do future work for property owners within the Development and shall be subject to any and all other legal and equitable remedies. 5.18 Contractors Site Maintenance. All contractors are required to maintain a clean and safe worksite at and about the property. Any such site found in violation may subject the property owner for whom the contractor is working to a fine of $500 for each incident
