Swatara Village Article VI

8/3/2019 Swatara Village Article VI

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ARTICLE VI

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RULES AND REGULATIONSOF THE

SWATARA VILLAGE PROPERTY OWNERS ASSOCIATION

Taken from the DECLARATION OF COVENANTS AND EASEMENTS CONDITIONS AND RESTRICTIONS ... FORSWATARA VILLAGE as amended.

RESTRICTIONS ON THE USE AND OCCUPANCY OF SWATARA VILLAGESection 6.1 Imposition of Restrictions

In order to preserve the character of Swatara Village and for the protection of the value of Swatara Village, and allDwelling Units, Yard Areas, and Common Areas therein, Declarant hereby declares that Swatara Village and allResidents of Swatara Village, shall be subject to the following Rules and Regulations, in addition to all currentcovenants, easements and restrictions of record, all of which shall be perpetual in nature and run with the land:

Section 6.2 Restrictions Re: General Use

a) No resident shall do work or conduct any activity in Swatara Village which would affect or alter theresidential character of Swatara Village or jeopardize the soundness or safety of another DwellingUnit or any Common Facility, or which would impair any easement, or encroach upon any Yard Areaor Common Area

b) No obnoxious or offensive activities shall be carried on, in, or upon Swatara Village, or in anyDwelling Unit, Yard Area or Common Areas which may be or may become an annoyance ornuisance to any other Resident or interfere with the peaceful possession, rights, comforts, orconveniences and proper use of Swatara Village by its other Residents.

c) No Resident shall make or permit any disturbing noises to be made in the Village, nor shall anyResident do or permit anything to be done that will interfere with the rights, comforts or conveniences ofother Residents or Owners. No Resident shall play or permit to be played any musical instrument,phonograph, television, or radio with Swatara Village that may disturb or annoy other Residents ofSwatara Village.

d) There shall be no obstruction of access to the Common Area in and through the Street System or theSidewalks or Common Facility Parcel.

e) No pets shall be permitted in Swatara Village except in accordance with a policy adopted by theAssociation.

f) Light Standards shall be supplied with all required electrical power from the Dwelling Unit located onthe Lot on which the Light Standard is installed to provide fifty (50) watts of dusk to dawn lighting fromeach Improved Lot, at the expense of the Owner or the Resident of the Dwelling Unit.

g) No fences shall be erected on any Lot anywhere within Swatara Village without written approval ofthe Association.

h) No signs, except those describing or locating the Common Area, streets in the Street System, LotOwnership, and normal real estate company sales and retail signs shall be permitted within SwataraVillage or any Yard Area, or on any Dwelling Unit or Accessory Building without prior writtenapproval by the Association.

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Section 6.3 Restrictions Re: Structure and Location of Dwelling Units and Accessory Building: Grade of Lots.a) All Dwelling Units shall be manufactured housing units consisting of partially assembled

components, pre-constructed in accordance with the BOCA and CABO_Codes, and shall bemounted on a permanent foundation. Swatara Homes, Inc. shall be the exclusive builder of theoriginal residences in Swatara Village. In order to assure compliance with the Federal FairHousing Act as it relates to features built into a community specifically designed for individuals 55years and older the Association through its Board of Directors shall do the following: adopt andapprove specifications for the construction of dwelling units and accessory buildings - bothmanufactured and site built components; select a Construction Inspector and promulgate hisauthority to review and approve plans, inspect construction and enforce compliance with theadopted specifications; set forth a fee schedule to reimburse the Association for the costs incurredin this review and inspection process.

b) No Dwelling Unit shall contain more than one (1) story and in no event shall be higher thannineteen (19) feet above the grade at its foundation wall without the written consent of theAssociation.

c) All Dwelling Units shall maintain side yards of not less than five (5') feet, a rear yard of not less thantwenty (20') feet and a front yard of not less than twenty-five (25') feet.

d) No Accessory Buildings shall be installed on any Lot which is not also occupied by a Dwelling Unit.

e) All Accessory Buildings shall maintain side yards of not less than five (5') feet, a rear yard of notless than five (5') feet and a front yard of not less than twenty-five (25') feet.

f) All future Driveway CommonAreas shall he installed in accordancewith specification to be adoptedby the Associations.

g) No Owner, Resident or any other Person shall do anything to change the exterior appearance ofany Dwelling Unit of Accessory Building or the appearance of any Yard Area without the prior

written consent of the Association. Such changes shall include, but not be limited to changingthe color or style of the brick, roof, roof shingles, windows, window frames, doors, concrete,railings or exterior paint or stain, or replacing awnings, shades or draperies on outside patiosand balconies. Dwelling Units and Yard Areas shall be used only and solely and exclusively forresidential purposes, and no Owner or Resident shall engage in, or permit any other personto be engaged in any business, profession, trade or craft in or on any Lot or on any CommonArea without the express written consent of the Association.

h) Dwelling Units and Yard Areas shall be used only and solely and exclusively for residentialpurposes, and no Owner or Resident shall engage in, or permit any other person to be engaged inany business, profession, trade or craft in or on any Lot or on any Common Area without theexpress written consent of the Association.

i) No Owner, Resident or any other Person shall build, plant or maintain any matter or thingupon, in, over, or under any Dwelling Unit or any Yard Area or the Common Areas, withoutthe prior written consent of the Association, except that a Resident may plant flowers, trees,shrubbery and gardens within his Yard Area in accordance with landscape plans for SwataraVillage overall approved by the Association.



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j) Nothing shall be done in or to any Dwelling Unit, Accessory Building or Yard Area whichchanges or impairs the structural integrity of any Dwelling Unit. No Owner, Resident or anyother Person may make any exterior structural additions, alterations or improvements inor to a Dwelling Unit or Accessory Building, including but not limited to construction orenlargements of decks, patios, balconies, canopies, awnings or the construction orinstallation of any shed, outbuilding, fence, pool, barbecue pit, compost bin, feeder, lawnornament, above ground swimming pool or other structure or device, in any Yard Area

without the prior written consent of the Association. In the event that the Owner shall breachany portion of this restriction, (in addition to all of the remedies given to the Association incase of such breach of any condition or covenant of this Declaration), the Association shallhave the right and privilege of removing any item, improvement or personality resulting in abreach of this Section, and all expenses incurred in remedying such breach or violation shallbe considered additional Association fees collectible from the Owner in the same mannerand fashion as other fees provided for herein.

k) Nothing shall be done or kept in any Dwelling Unit or on any Lot which shall increase therate of insurance of any other Owner or Resident, or the Association beyond the ratedapplicable for Single family residential structures. No Owner, Resident or any other Personshall permit anything to be done or kept in any Dwelling Unit or in or upon Yard Area or Lot

or the Common Areas which would result in the cancellation of any insurance on theCommon Area or any Dwelling Unit or the contents thereof, or any Yard Area or CommonAreas or which would be in violation of any law.

I) No clothes, sheets, blankets or laundry of any kind or any other articles shall be hung in anyYard Area or outside of any Dwelling Unit or enclosed Accessory Building or exposed in any YardArea or on any part of the Common Area, nor shall anything be hung, painted or displayed on theoutside windows, walls or doors of any Dwelling Unit without the prior written consent of theAssociation.

m) No television or radio antennas, wires, TVRO or Satellite Dish, or canopies shall be affixed orplaced upon the exterior walls or roofs of a Dwelling Unit or in any Yard Area, without the

location having prior written consent of the Association.

n) No Resident or Owner shall keep anything on any Lot which is a fire Hazard, nor shall Owner

violate any law or government regulation.

0) No Owner or Resident shall, without the written consent of the Association, place or allow to be

placed any stand, booth, sign, showcase, or device on or in any part of any Lot or Common

Area.

p) Residents shall keep the Dwelling Units and his or her individual unit together with allAccessory buildings in a good state of repair.

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Section 6.4 Restrictions Re: Lot Grade, Landscaping and Lawn Maintenance of Yard Area

a) No fill other than top soil and foundation backfill material shall be placed on any Lot. No fillmaterial placed on any Lot shall direct or increase the flow of storm water to any adjoiningLot or which would fail to comply with the provisions for storm water management on the1983 Plan.

b) All Yard Areas not landscaped in accordance with any landscaping plan contained in theRules and Regulations shall be maintained in grass.

c) All grass, weeds and brush on all Lots, including Vacant Lots, shall be cut so that a growthheight of four (4") inches or less shall be maintained at all times.

Section 6.5 Restrictions Re: Age of Residents.

a) No Dwelling Unit shall be occupied by a minor child or children (under 18 years of age) forany period of time in excess of 30 days during any six (6) month period without the priorconsent of the Association.

b) Eighty (80%) or more of the Dwelling Units shall be occupied only by living groups i nwhich one of the Residents shall be a Qualified Resident. Provided, however, that n theevent of the death or permanent or long term absentee of the only or last remainingQualified Resident in any Dwelling Unit, for reasons beyond the control of such QualifiedResident, the Association may, upon request, suspend this requirement for a period orperiods of time, reasonable under circumstances, to permit the Owner to dispose of or leaseor rent the Dwelling Unit.

Section 6.6 Vehicle Restrictions

a) No commercial vehicles may be parked overnight and no boats, trailers, campers, motorhomes or trucks having a gross weight in excess of eight thousand (8,000) pounds may beparked on any part of Swatara Village, or in any Yard Area without the prior writtenconsent of the Association, except those vehicles temporarily on a Lot for purposes ofserving the Dwelling Units located therein. No part of any Yard Area shall be used forunenclosed outside storage, covered or otherwise. Boats, trailers, campers, motor homesor trucks having a gross weight in excess of eight thousand (8,000) pounds may be parkedwithout the written consent of the Association In the rear yards of lots whose rear yardsprovide direct access to unpaved Common Area cartways, and in other areas designated bythe Declarant or the Association. Parking of such vehicles in the designated areas shall be atthe sole risk of the owner of the vehicle. Any members or owners utilizing such designatedareas as described above hereby waive and release the Declarant or Association from anyclaim or liability arising out of the use of such areas as aforesaid, and by their use of suchdesiqnated areas agree to indemnify and hold the Declarant or Association harmless fromany claim or liability that my be asserted against them on account of or arising our of such useof the designated areas.

b) All motor vehicles shall be parked within a driveway in a Lot, and not in any DrivewayCommonAreas, or in designated space, in Common Area.

c) No unlicensed motor vehicles shall be parked within the Village without the expresswritten consent of the Association.

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d) No vehicle shall be operated within Swatara Village at a speed in excess of 15 miles perhour, and all Residents guests, employees and invitees shall abide by all traffic controlssigns and devices.

e) No Owner or Resident shall wash, service or repair a motor vehicle in any CommonArea, except in an area as Association may designate.

f) No Owner or Resident who shall wash a vehicle on any Lot or Driveway CommonArea shall use any soap or detergent, or any substance unless it isbiodegradable. The use of chemical snow melters on concrete surfaces ofSidewalks, Improved Streets and Driveway Common Areas is not permitted duringthe first two (2) winter seasons following installation.

Section 6.7 Restrictions Re: Refuse Disposal

a) Each Owner and resident shall keep such Owner's and resident's Yard Area clean andfree from all debris or other refuse.

b) All garbage and refuse must be kept in approved garbage containers approved by theAssociation and all containers shall be kept in the rear or side Yard Area againstthe Dwelling Unit and shall be disposed of at such times and such places and in suchmanner as the Association shall direct.

c) No ash cans, garbage cans, garbage bags, wood boxes, firewood, kitchen supplies, iceor other articles will be placed outside of the Resident's Dwelling Unit, except in suchplaces or locations as designated by the Association.

Section 6.8 Duty to Maintain Connections to Declarant's Utilities;Restrictions and Prohibited Discharge to Sewer System Duty, of Owner to Maintain Utilities

within Lot.

a) As long as Declarant's Utilities are operated for the benefit of the Residents of SwataraVillage, by the Declarant, or its successors, no septic or other on-site sewage disposalsystem shall be installed on any Lot, and no water well shall be drilled on any Lot, exceptwells for ground source heat pumps, without prior written consent of the Association, and theOwners and Residents shall be bound by the rules, regulations and rates lawfully promulgatedand adopted by the Declarant with respect to the Declarant's Utilities, including provisions ofArticle 7 hereof.

b) No Resident shall flush clothes, draperies, rags, hard papers, sanitary napkins, or tampons(including their containers), or any substance other than domestic waste water, down any toilet

or otherwise introduce such substance into the Sewage System. Any damage resulting fromsuch action by Resident will be charged to such Resident and/or Owner.

c) Each Owner and Resident shall be responsible for the installation, maintenance, repair andreplacement of all pipes, valves, drain connections and other facilities installed or required to beinstalled within the property line of each Lot, to connect each Dwelling Unit of such Owner orResident to the Water System and the Sewer System, including elimination of blockage.



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Section 6.9 Restrictions Re: Residue Parcel and the Residential Lot Area

a) No Owner or Resident shall operate or permit to be operated any all terrain vehicle, dirt bikeor other unauthorized motorized vehicle in or on the Residue Parcel or Residential Lot Area(including streets and walkways) without the prior written consent of the Association.

b) Neither hunting or the discharging of firearms, nor overnight camping shall be permitted onthe Reside Parcel or Residential Lot Area by any Owner or Resident, or by any guest of anyOwner or Resident.

Section 6.10 Additional Amendments; Enforcement

a) The Association shall have the power to make such other Rules and Regulations as may benecessary to carry out the intent of the Declaration and these Rules and Regulations, and theAssociation shall have the right to bring lawsuits to enforce the same. The Association shall furtherhave the right to levy fines for violation of such Rules and Regulations, or this Declaration, providedthat the fine for any single violation may not, under any circumstances, exceed $10.00. For eachday a violation continues after notice, it shall be considered a separate violation. Any fines solevied against the particular Owner or Resident involved and collection may be enforced by theAssociation in the same manner as the Association is entitled to enforce collection of any otherassessments. Fines may be levied against a Tenant and the Owner jointly, and each Owner shallbe severally liable with his Tenant for the payment of the same. In the event the Associationinstitutes legal action for collection of any fines and is successful, the defendant (s) shall beresponsible for payment of reasonable attorney's fee to the Association plus interests and costs ofsuit.

b) By acceptance of a deed for a Lot, each Owner does, to the extent permitted by law, herebyirrevocable authorize and empower the Association of any attorney, acting on behalf of theAssociation, to appear as attorney for such Owner in any. Court of Common Pleas of theCommonwealth of Pennsylvania, and in the name or names of such Owner, as the Owner orOwners" attorney-in--fact, and on one or more occasions, to commence an amicable action and toconsent to entry of a judgment therein, limited, however, in effect and enforcement to such Owner orOwners' Lot or Dwelling Unit, in the amount of all sums due to the Association under this Section. Ifthe Association or any attorney acting for it, and acting as the attorney-in- fact for the Owner orOwners, shall commence an action and enter a judgment in accordance with this Section, suchattorney may, in such action, incorporate this Section by reference to the place in the Recorder'sOffice where this Declaration shall be recorded, which reference shall be conclusive evidence of theauthority herein granted.

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POLICY STATEMENT REGARDING PETS

In accordance with Article VI Section 6.2(e) DECLARATION OF COVENANTS AND EASEMENTSCONDITIONS AND RESTRICTIONS ... FOR SWATARA VILLAGE, the Board of Directors of Swatara Villagehave established a policy statement on "Pets" in Swatara Village.

"Residents of Swatara Village who wish to own pets must be willing and able to provide the necessary careand control of the pets so as to prevent them from becoming either a nuisance to their neighbors or detrimental tothe character of Swatara Village."

This "Policy Statement" is further defined by the following standards:1. No animals found in the wild, animals with hooves, rodents, reptiles or farm fowl shall be kept as pets.

2. Pet owners must respect the private property of others and walk their pets only on the paved portionof street right of ways, in the area south of the property lines on Canal Drive and in undeveloped areas with thepermission of the property owner involved.

3. Pet fecal matter is to be disposed of promptly and in a sanitary manner.

4. Doghouses or pens are not permitted without prior written permission of the Association.

5. No pet is to be allowed to run free and must be restrained on a leash or by hidden electronicfence device.

6. Pets must be properly licensed where required by governmental stature.

7. Periodic rabies shots are required of all feline and canine pets.

8. No animals of any kind are to be bred, raised, or kept for commercial purposes inSwatara Village.

GUIDELINES FOR STRUCTURAL ADDITIONS, ALTERATION, OR IMPROVEMENTS

TO DWELLING UNITS AND ACCESSORY BUILDINGS.

The Board of Directors of the Swatara Village Property Owners Association at its October 17, 1997meeting approved the following guidelines for exemptions to Article VI, Section 6.3 (g) and (j) of the),DECLARATION OF COVENANTS AND EASEMENTS CONDITIONS AND RESTRICTIONS ... FOR SWATARAVILLAGE, a residential community dated May 12, 1993 as amended.

1. All plans and specifications for exterior additions, alterations, or improvements to Dwelling Units are tobe submitted for approval to the Rules and Regulations Committee and the Board of Directors prior to startingconstruction.

2. Additions or alterations to Dwelling Units must be structurally sound according to BOCA Codes and havefootings meeting local frost line specifications.

3. The roof of any addition to a Dwelling Unit or alteration of an existing roof is to be of the same type,color and, weight, and the pitch will not be less that 4" in 12".

4. Siding on any addition, or alteration is to match in color and type the existing Dwelling Unit.

5. Accessory buildings such as detached garages or storage sheds need not have a permanentfoundation but should have exterior finished which are complementary to the Dwelling Unit.

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GUIDELINES FOR APPROVAL OF CLOTHESLINES IN SWATARA VILLAGE

Guidelines for exemptions to Article VI, Section 6,3 0) of the DECLARATION OF COVENANTS ANDEASEMENTS CONDITIONS AND RESTRICTIONS "",FOR SWATARA VILLAGE, a residential community,

1, The clothesline will be retractable or otherwise easily removed, Permanent exterior poles will be

allowed if they are not an obstacle to maintenance of the property,

2, Lines will be used from dawn until 4 PM only,

3, Clotheslines will be used only on weekdays,

4, Clotheslines will not be used on weekends, holidays, or during sales events,

5, Clotheslines will be placed so that lines and laundry are as inconspicuous as possible,

Permission to install and use clotheslines is obtained through the SVPOA Rules and RegulationsCommittee,

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Swatara Village Article VI