Birch Hollow Estates - Effort, PA

PROPOSED NEW COVENANTS

The Declaration of Protective Covenants, Restrictions, Exceptions made this xxth day of xxxxx in the year 20xx for the Birch Hollow Estates shall be as follows. These covenants shall not be amended except as permitted under the Pennsylvania Uniform Planned Community Act.

1.  BUILDING CODE COMPLIANCE

Any new home or additional construction must be built in accordance with the Building Code of either Chestnuthill Township

or Polk Township , as appropriate.  This includes but is not limited to total square footage, height, location of well, location of sewerage system, drainage, setbacks, corner lot clearance,  etc.  Also, wells and sewerage disposal systems must be constructed in accordance with the standards set forth by the Pennsylvania Department of Environmental Protection (DEP).

2. RESIDENCE

All units in the community shall be used for single family residential purposes only.  The use or rental of a garage, attic, basement or an on-site recreational vehicle as a separate dwelling is not permitted.  Any residence, which includes units with an occupied structure, may have up to two (2) attached or detached garages (or both) with space to hold up to four (4) cars.  A mobile home does not constitute a permanent residence.

3.  PETS

The restrictions pertaining to pets include: (1) the total number of cats and dogs may not exceed the limit set by either Polk Township or Chestnuthill Township as appropriate, (2) animals defined as exotic (by the Pennsylvania Game and Wildlife Code), horses, or farm animals are not permitted, (3) the keeping of animals for breeding purposes is not permitted, (4) the pet must be under the control of the owner at all times, this includes leashing the pet(s) during walks, (5) fecal matter left by the pet on lawns, driveways, streets or common areas must be removed by the pet’s owner, and (6) the pet(s) may not create a nuisance due to excessive noise or odor.

4. VEHICLES - GENERAL

Any vehicle, when not stored in the garage must be parked in the driveway and not on the front of the property, the lawn, the street, or on medians - unless special conditions exist such as parties, flooding, or severe winter weather.  If parked in the driveway, the vehicle must be properly licensed and registered.  If repair work is being done on the vehicle which results in the removal of parts, the jacking-up of the vehicle, or the placing of the vehicle on lifts such as concrete blocks, said work must be completed within one (1) month.

5.  WORK VEHICLES

Generally, work vehicles (with or without company logo) such as vans and pick-up trucks are permitted.  Work vehicles not permitted include, but are not limited to:

• Semis
• Dump trucks
• Buses
• Flat bed trucks
• Moving vans (except as temporarily needed for moving)
• Storage bins (except for temporarily moving, cleaning or redecorating)
• Tow trucks
• Box vans exceeding ten (10) feet in length

6.  TREES

The landscaping of the front of a residence shall be at the discretion of the owner, provided that the plans for the replacement of trees must be submitted to the Board of Directors for approval. Trees may be removed, provided that the removal is replaced by adequate landscaping.  In order to protect the privacy of residents, an area of forest starting at the property line and extending inwards for a length of fourteen (14) feet shall be maintained on both sides and in the rear.  Within this area, trees may not be removed without the express approval of the Birch Hollow Estates Board of Directors.  Additionally, in order to protect the safety of each residence, trees may be topped provided that the tree is not permanently damaged.*

7.  SIGNS

Both temporary and permanent signs are permitted. Signs may be attached to trees or in the ground provided that the signs, per unit, are no greater than three (3) in number and not larger than four (4) square feet in facial area.  Home business signs are not permitted. Signs of a temporary nature, for example, “for sale”, “for rent”, “garage sale”, etc., must be removed within one week of the event. Signs may not be placed in common areas or on medians.

8. MEMBERSHIP

All purchasers of lots or existing homes shall automatically be members of the Birch Hollow Estates Property Owners Association and shall enjoy the rights and privileges of such membership, provided association dues are paid.  Upon acquisition of property within the community, the unit owner member, their family, guests, assigns and agents shall be bound by the community documents.

9.  SUBDIVISION

Further subdivision of lands is prohibited unless prior approval of the Board of Directors is obtained.

10. AUTHORITY

The Board of Directors shall have the right to enforce all restrictive covenants, bylaws, rules and regulations.  The Board of Directors shall also have the authority to impose fines or take disciplinary action for any violation of the covenants, bylaws, rules and regulations.   Homeowners have the right to appeal violations pursuant to the rules and procedures developed by the Board of Directors.

11. CONDITION OF PROPERTY

All lots within Birch Hollow Estates must be kept in a neat and orderly condition. This includes, but is not limited to: all trash cans must be removed from the street following garbage pick up and moved to an appropriate area next to the house, garage or shed; when ready for pick up, garbage should be kept in containers; only outdoor furniture may be used on any visible area of the yard; visible lawn should be regularly trimmed and mowed; any debris deposited on the property should be removed; no obnoxious material detrimental to adjacent properties shall be permitted.

12.  NEW OR ADDITIONAL BUILDING

Any required Township permits, as well as approval by the Birch Hollow Estates Board, must be obtained prior to any additional construction including, but not limited to, a shed, garage, fence, gazebo, deck, patio, swimming pool or home extension.  Not permitted are barns, outbuildings, or tents.  No excavation is permitted after a residence has been built except for the replacement of a well or sewage system.*

13.  ATV’s

The driving of any unlicensed vehicle not permitted on public streets as defined by the Pennsylvania Department of Motor Vehicles is prohibited within the Birch Hollow Estates.  This includes, but it is not limited to, ATV’s, dirt bikes, etc..

14.  VANDALISM

Any act of vandalism, the defacing of property, or the dumping of debris on property, both private and communal, within the Birch Hollow Estates community shall be punishable by fine.

15.  MANDATORY MEMBERSHIP AND ASSESSMENTS

Upon acquisition of property within Birch Hollow Estates, each property owner shall be responsible for the payment of annual assessments and charges to be determined annually by the Board of Directors in its sole discretion.  The Board also has the right to impose special assessment for specific projects, if warranted.  Any owner delinquent in the payment of association charges shall be subject to an automatically perfected statutory lien for the amounts owed.  Additionally, the Association, if forced to pursue collection remedies, is authorized to collect all collection costs, including attorney’s fees and interest at a rate of 15 percent (15%) annually.

16.  OBNOXIUS PERSONAL BEHAVIOR

When in public within the Birch Hollow Estates, residents including their family, guests, and agents, must act responsibly.  Obnoxious behavior including, but not limited to, drunkenness, use of foul or offensive language, nudity, rowdiness, fighting, etc., will not be tolerated and will be punishable by fine.

*If approval is required prior to a community member taking an action, please contact the Managing Agent for forms and/or procedures.

Original Covenants (Lots 1 through 262) 

DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS,

EXCEPTIONS RESERVATIONS AND CONDITIONS

The Declaration of Protective Covenants, Restrictions, Exceptions, Reservations and Conditions made this 20th day of December 1982 by Marketing Technology, Inc. for Birch Hollow Estates are as follows:

1. The premises hereby conveyed shall be used for residential purposes only.
2. No building shall be erected on any individual lot hereby conveyed other than one private detached single-family dwelling house, not to exceed two and one-half stories in height and containing not less than 672 square feet of first floor space, such single family dwelling house to be suitable for the use of, and to be used by a single family only, with a private garage for not more than two cars.
3. All buildings shall be constructed within the following set-back lines:

Front yard setback    -  50 feet

Rear yard setback     -  60 feet

Side yard setback     -  20 feet

Combined side yard    -  40 feet

1. No building, structure or fences shall be erected upon the premises, hereby conveyed without first obtaining the approval, in writing, of the developer or his assigns, as to location, elevation, plan and design. The developer will not necessarily withhold any approval over such plans.
2. No trailer, tent, barn, outbuilding, shack or any temporary building shall be erected upon the premises and no basement or garage shall at any time be used as a residence either temporary or permanently; and the one private detached single-family dwelling house permitted to be erected on any individual lot shall not be occupied prior to completion.
3. No excavation shall be made on the premises except for the purpose of building thereon, and only at the time when building operations are to commence.  No earth, sand, or trees shall be removed from the premises except as part of such excavation.  The building or structure must be completed within 12 months after building operations commence.  The grounds around construction area shall be completed no later than 3 months after.
4. Easements for the installation and maintenance of utilities and drainage facilities are reserved over the 15 feet adjacent to the streets and exterior property lines.
5. All 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.
6. Wells and sewage disposal systems shall be constructed in accordance with local municipal standards and those set forth by the Pennsylvania Department of Environmental Resources.
7. Wells shall be located a minimum of 100 feet from any existing or proposed subsurface disposal system; any subsurface disposal system shall be constructed a minimum of 100 feet from any existing or proposed well and a minimum of 100 feet from any water course. Either wells or subsurface disposal systems to be 10 feet from any lot line.
8. Further subdivision of lands is prohibited unless prior approval of the Planning Commission to be first obtained.
9. No animals, horses, livestock or poultry of any kind shall be raised, bred or kept, except that dogs, cats or other household pets may be kept, provided they are not kept or bred for any commercial purposes.  All  such pets shall be kept on the premises of the owner or under immediate attention of the owner at all times.
10. No lot shall be used or maintained as a dumping grounds for rubbish. All trash, garbage or other waste shall be kept in sanitary containers; no, nuisance or anything obnoxious or detrimental to adjoining or adjacent properties shall be maintained on any lot.
11. No signs of a permanent or temporary nature shall be permitted on any property in the subdivision, except that property owner's name signs shall be allowed, and building contractor's signs may be permitted during building construction provided such signs are attached to said building and removed upon occupancy.  Signs shall not be attached to trees.
12. All lot purchasers shall automatically become members of the Birch Hollow Estates Property Owner's Association, when formed.  Purchaser shall have the rights and privileges afforded by such membership, provided they are then current in their membership fee.  The developer will not be responsible for any membership fee on any unsold lot.
13. No mobile homes will be permitted on any lot.
14. All lots shall be kept neat and orderly.
15. Only licensed pleasure vehicles may be parked or stored on a lot if not garaged.
16. These restrictions shall apply to any and all property owners in the development.

NOTE: A 15" C M P must be installed under all driveways prior to

their construction by the lot owner.

IN WITNESS WHEREOF, Declarant has executed this declaration as of the 20th day of December 1982.

Marketing Technology, Inc.

T/A Birch Hollow Estates

By Russell E. Altemose

President

County of Monroe )^ss.

On this 20^th day of December 1982 before me the undersigned Office, personally appeared Russell E. Altemose, who acknowledged himself to be the President of Marketing Technology, Inc., trading as Birch Hollow Estates, a corporation, and that he as such being President, being authorized to do so, executed the foregoing instrument  for the purposes herein contained, and desired the same might be recorded as such.

0. FAILLA, Notary Public

Stroudsburg, Monroe Co.,

Original Covenants (Lots 263 through 371) 

DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS,

EXCEPTIONS, RESERVATIONS AND CONDITIONS

The Declaration of Protective Covenants, Restrictions,

Exceptions, Reservations and Conditions made this 29th day

of April 1985 by Marketing Technology, Inc. for Birch Hollow

Estates, Section Five and Section six, are as follows:

1. All buildings shall be constructed within the following set-back lines, except as shown on Lots No. 307, 310, 338, 349, 370 and 371:                          Front Yard setback--------50 feet Rear Yard setback—--------60 feet                                           Side Yard setback---------20 feet                                    Combined side yard--------40 feet
2. Wells & sewerage disposal systems shall be constructed in accordance with standards set forth by the department of Environmental Resources.
3. Wells shall be located a minimum of 100 feet from any existing or proposed sewerage disposal system, or 100 feet from any water course, or 15 feet from any lot line.
4. Sewerage disposal systems shall be located a minimum of 100 feet from any existing or proposed well, or 100 feet from any water course, or 15 feet from any lot line.
5. A 15 foot drainage & utility easement shall exist adjacent to all lot lines to provide for the construction of drainage and/ or storm sewers and other utility appurtenances.
6. The township, their heirs, & assigns shall have the right to enforce all restrictive covenants if the developer, their heirs, or assigns fails or is unable to do so.
7. Wells & sewerage disposal systems shall be constructed & installed within the designated areas on each lot except by written permission or direction of the township sewerage enforcement officer or the Department of Environmental Resources.
8. All corner lots shall be subject to a clear sight triangle area to be graded and sight obstructions shall be removed so that vision between a height from two to ten (2’-10’)feet above the centerline grades of the intersecting streets is not obscured also vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two to ten (2'-10’) feet above the centerline grades of the intersecting streets. Collector Streets-75.00 feet from centerline           Local Streets-50.00 feet from centerline
9. No mobile homes will be permitted on any lot.
10. All lots shall be kept neat and orderly.
11. Only licensed pleasure vehicles may be parked or stored on any lot if not kept garaged.
12. Any driveway entrance shall make adequate provision for parallel drainage facilities.
13. All purchasers of lots shall automatically be members of Birch Hollow Estates Property Owners Association and shall enjoy the rights and privileges provided by such membership, it is also understood and agreed that property owners shall have equal privileges and opportunities for enjoyment of community facilities providing the responsibilities of membership are respected and met.
14. Individual owners of lots must apply to the township sewerage enforcement officer for a sewerage permit prior to undertaking the construction of an on-lot sewage disposal system.
15. The premises hereby conveyed shall be used for residential purpose only.
16. No building shall be erected on any individual lot hereby conveyed other than one private detached single-family dwelling house, not to exceed two and one-half stories in height and containing not less than 672 square feet of first floor space, such single family dwelling house to be suitable for the use of, and to be used by a single family only, with a private garage for not more than two cars.
17. No building, structure or fences shall be erected upon the premises, hereby conveyed without first obtaining the approval in writing, of the developer or his assigns, as to location, elevation, plan and design.  The developer will not necessarily withhold any approval over such plans.
18. No trailer, tent, barn, outbuilding, shack or any temporary building shall be erected upon the premises and no basement or garage shall at any time be used as a residence either temporary or permanently, and the one private detached single family dwelling house permitted to be erected on any individual lot shall not be occupied prior to completion.
19. No excavation shall be made on the premises except for the purpose of building thereon, and only at the time when building operations are to commence.  No earth, sand, or trees shall be removed from the premises except as part of such excavation. The building or structure must be completed within 12 months after building operations commence.  The grounds around construction area shall be completed no later than 3 months after. 
20. Further subdivision of lands is prohibited unless prior approval of the Planning Commission to be first obtained.
21. No animal, horses, livestock or poultry of any kind shall be raised, bred or kept, except that dogs, cats or other household pets may be kept, provided they are not kept or bred for any commercial purposes.  All such pets shall be kept on the premises of the owner or under immediate attention of the owner at all times.
22. No lot shall be used or maintained as a dumping grounds for rubbish.  All trash, garbage or other waste shall be kept in sanitary containers, no nuisance or anything obnoxious or detrimental to adjoining or adjacent properties shall be maintained on any lot.
23. No signs of a permanent or temporary nature shall be permitted on any property in the subdivision, except that property owner’s name signs shall be allowed, and building contractor’s signs may be permitted during building construction provided such signs are attached to said building and removed upon occupancy.  Signs shall not be attached to trees.

These restriction shall apply to any and all property owners in Birch Hollow Estates Section Five and Section Six.

IN WITNESS WHEREOF, DECLARANT has executed this declaration as of the 29th day of April 1985.

Marketing Technology, Inc.

T/A Birch Hollow Estates

By Russell E. Altemose

President

Commonwealth of Pennsylvania

County of Monroe

On the 29th day of April 1985 before me the undersigned officer,

personally appeared Russell E. Altemose, who acknowledged himself to be the President of Marketing Technology, Inc, trading as Birch Hollow Estates, a corporation, and that he as such being President, being authorized to do so, executed the foregoing instrument for the purposes herein contained, and desired the same might be recorded as such.

Anne L. Lalli, Notary Public

 Monroe County