4 Bedroom 2.5 Bath Rental in Brier Crest Woods

Sleeps 16

Instant Quote

Guests 16
Bedrooms 4
Bathrooms 2.5
Allows Pets No


Large 4 Bedroom, 2.5 Bath rental in Brier Crest Woods. Community lake, tennis courts, volleyball, basketball, playground, pavilion and fishing (with license). So many things to do. Close to area attractions and restaurants. Sleeps 16


2 Decks w/furniture
Family Room w/pool table
Charcoal Grill

Beds: Lower Level: 3 Futons: 1 Double/Queen; 2 Single
          Main Level: 2 Futons: 2 Double/Queen
          Upper Level: 4 Queen


Jun - 2017
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Aug - 2017
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Sep - 2017
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Oct - 2017
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Nov - 2017
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Jan - 2018
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* Rates are subject to change without notice. Pricing excludes taxes, additional options or fees.
Vacation Rental Standard Pricing Night Weekly   Min Nights
Low Season $400 $1,100   2
Mid Season $425 $1,200   2
Peak Season $425 $1,200   2
Holiday Season $500 $1,800   2
Season Start End Night Week Month Min Nights
Labor Day8/31/20189/3/2018$500$1,800 
Memorial Day5/25/20185/28/2018$500$1,800 
Presidents NJ-NY2/20/20182/28/2018$425$1,200 
President`s Weekend2/16/20182/19/2018$500$1,800 
Martin Luther King1/12/20181/15/2018$500$1,800 
Labor Day9/1/20179/4/2017$500$1,800 


Community Registration is required for this rental. Additional fees charged by community. $50.00 for up to 4 days. $75.00 for 5+ days (This covers up to 5 vehicles. Additional vehicles are $10 each)

BRIER CREST WOODS POA Rules and Regulations BRIER CREST WOODS PROPERTY OWNERS ASSOCIATION RULES AND REGULATIONS 117 Thornberry Lane Blakeslee, PA 18610 Phone: 570-646-8802 Fax: 570-646-5772 E-mail: office@briercrestwoods.org Web Site: www.briercrestwoods.org 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 March 2016 Revised May 2007 Revised August 2007 General Revision December 2007 Revised September 2008 Revised November 2008 Page 1 of 30 BRIER CREST WOODS POA Rules and Regulations EFFECTIVE DATE: March 23, 2016 TABLE OF CONTENTS Page 2 of 30 BRIER CREST WOODS POA Rules and Regulations 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 becomes 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. 1.2RULES AND REGULATIONS A. The following Rules and Regulations are the result of recommendations made the Governing Documents Committee, 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. 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 office@briercrestwoods.org. 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. E. We hope you enjoy the Poconos and the amenities we have in Brier Crest Woods. ARTICLE 2 - GENERAL RULES and REGULATIONS 2.1 APPLICABLE TO ALL PROPERTY OWNERS A. 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. B. 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. Page 3 of 30 BRIER CREST WOODS POA Rules and Regulations C. Association will use whatever reasonable means necessary to insure that members, guests/visitors and renters/tenants comply with the Rules and Regulations. Only members in good standing, as defined in the bylaws, including their guests (tenants) are permitted to use the facilities or amenities of BCW. Members are responsible for their own actions and the actions of their guests (tenants). D. Any one defacing or destroying anything on the common property or on private property in BCW will be prosecuted. E. No one under the age of 21 is permitted to consume alcoholic (or malt) beverages anywhere on the BCW beach or common property. F. All Deed Restrictions and Reservations on record deeds are deemed to be part of the Rules and Regulations. G. Camping is not permitted on any property or common grounds within the development. H. 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. I. Unauthorized solicitations are prohibited. J. No trespassing on privately owned property unless written permission is possessed. K. 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. L. 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.) M. 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. 2.2 APPLICABLE TO ALL RENTAL PROPERTIES A. Effective January 1, 2009 any renting or leasing of a homeowner’s property must be registered with the BCW office and is subject to the following fees and terms: Fee Structure for Renters: (one rental party) 1. Weekend (up to 4 days/3 nights) $ 50.00 2. Weekly (Up to 8 days/7 nights) $ 50.00 3. Over seven nights to five weeks $100.00 4. Over five weeks up to one year $200.00 5. We allow up to five (5) vehicles per rental. There is an additional per vehicle charge for All vehicles over five (5) $ 10.00/vehicle B. All rental properties must use the new approved Registration Form for registering all incoming rentals. We request that if you have all, or a partial, of the vehicle information please supply this information on the form upon submission to the office. Our security staff will confirm all vehicles on or due at the property the day they meet with your rental. C. Your registration forms are requested to be in to our office at least 24 hours prior to your rental’s arrival. We also understand that at times there are late rentals. Given this, you must have your registration form for any rental in to our office by noon on the first scheduled office business day following your rental’s arrival. There will be no exceptions to this. If Page 4 of 30 BRIER CREST WOODS POA Rules and Regulations your registration is not in to our office by this date and time, you will be assessed a $ 25.00 late fee for your registration. D. Any incomplete, illegible or improper use of any form not approved for registration will be assessed a $ 25.00 fee for your rental. E. Failure to have your registration paperwork in to our office by the third scheduled office business day will result in a fee for failing to register your rental. The initial fee within a calendar year will result in the amount of $ 100.00 plus any administration costs. Continued failure within the same calendar year will result in a fee in the amount of $ 150.00 plus administration costs. Rental Forms are available from the BCW Office or on the website at: www.briercrestwoods.org 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 have their “member-in-goodstanding” status rescinded and thus forfeit their rights to use our amenities. ARTICLE 3 - IDENTIFICATION 3.1 PERSONAL (Badges) A. Brier Crest Woods Badges (6/property) will be given to all property owners in good standing as defined in the bylaws, and will be distributed prior to the summer season. AT NO TIME shall a property owner allow another property owner 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. If a member not in good standing (including his family or guests) accepts the use of a badge or badges a citation will be issued to the member not in good standing. C. All Brier Crest Woods Badges must be signed for. D. Brier Crest Woods Badges and/or personal identification must be presented upon request to Security or any authorized personnel. E. Brier Crest Woods Badges must be worn when using Brier Crest Woods amenities (beach area, tennis courts, fishing, etc.). F. Additional Brier Crest Woods Badges may be purchased at the BCW office for $5.00/badge or 6 for $25.00. G. Any person not wearing a badge or a member not in good standing will be asked to leave the amenity. H. 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 (Not to include golf carts, ATV’s, 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. Page 5 of 30 BRIER CREST WOODS POA Rules and Regulations 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. 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 12 and under. Inflatable life vests jackets) are acceptable. An emergency whistle must also be on board. G. We do not allow entrance in to the lake for boating or swimming except at the designated areas of the beach for swimming and the boat launch area across from the beach for boating of any kind. Any entrance in to our lake from points not noted are subject to citations being issued. H. We do not allow larger floats beyond a two-person float to be used on our lake. All floats are restricted to the designated swimming area only. 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 in good standing, 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. Page 6 of 30 BRIER CREST WOODS POA Rules and Regulations 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 lifeguard’s view and mobility. M. Diving from the dock or swimming beyond the perimeter ropes and off of boats is strictly prohibited. N. Only one or two person floats are allowed in the swimming area. All others will be asked to remove them from the water as well as the beach area. O. Ball playing shall be limited to the playground area located at the beach. P. 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. Q. Skateboarding is not permitted in the beach area. R. No one will be permitted on the beach or pavilion area from 12:00 a.m. until 6:00 a.m. S. No vehicles are allowed on the beach area. 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 participant’s 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 owner’s 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 Commission’s Rules and Regulations as outlined in their “Boating Handbook”. F. All boats must be launched from the designated boat launch area nearest the boat racks. Page 7 of 30 BRIER CREST WOODS POA Rules and Regulations 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. 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, memorial services, 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 21. 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. NOTE: There shall be no charge for memorial services for members unless special staff services are required. 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: Page 8 of 30 BRIER CREST WOODS POA Rules and Regulations 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. 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. Page 9 of 30 BRIER CREST WOODS POA Rules and Regulations 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. 4.8 TRASH and RECYCLING A. Leaving refuse in plastic bags at curbside is prohibited. 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. Household trash or garbage may be deposited in them. Owners must separate recyclables such as plastic, glass and aluminum and deposit them in the appropriate dumpster, unless we are using single stream recycling. Please Note: The hours of operation posted for our dumpsters 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. In addition, the Association reserves the right to file civil charges. 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. E. 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, subcontractor or supplier while they are performing services or delivering goods to the property of the property owner. Large items, such as furniture, refrigerators, washers, dryers, water heaters, etc, are not permitted in the trash containers. F. Proper removal is the responsibility of the property owner. Open dumpsters are available at various times during the year in order to allow property owners in good standing to dispose of large items. When available, they are at no charge for members in good standing and are located near the community building. Proper removal of construction debris is the responsibility of the property owner. (No construction debris is to be placed in the dumpsters). G. All property owners, guests and renters/tenants are required to adhere to existing recycling requirements. H. 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 traffic rules. 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. H. Riding after dark without lights is prohibited. Page 10 of 30 BRIER CREST WOODS POA Rules and Regulations I. In accordance with Pennsylvania State Law all children 12 and under are required to wear a helmet. 5.2RECREATIONAL 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 not licensed for public highway use. B. Security Officers are authorized to stop all violators and enforce the Rules and Regulations. 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. C. Headlights and taillights shall be turned on while operating all recreational vehicles after dark. D. All recreational vehicles must be owned, and registered annually by a property owner at the Association office. . E. All recreational vehicles must display a current BCW registration sticker with an identification number. F. All recreational vehicles must be in good operating condition, including proper muffler baffles. G. Operators of recreational vehicles shall obey the Pennsylvania Motor Vehicle Rules and Regulations while operating said vehicle including all traffic signs and stop signs. H. Operators will ride their vehicles only on established BCW roads as designated by the Board of Directors. J. Driving on the beach, lake, tennis court, playground, and drainage swales is prohibited. 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. 5.3ALL-TERRAIN VEHICLES (ATV), SNOWMOBILES, DIRT BIKES AND OTHER TWO-WHEELED MOTORIZED VEHICLES 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 DCNR’s Title 17, PA. Code Chapter 51 will be observed in Brier Crest Woods. B. ATV’s 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. 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 and must be riding in conjunction with an adult aged 18 or older. For information on a safety instructor near you contact DCNR’s Bureau of Forestry at (717) 783-7941 D. Operators aged eight (8) through nine (9) years of age are restricted to an engine size of 70cc or less. Operators under the age of 8 are restricted to an owner’s property only. E. Operators under the age of sixteen (16) years of age must be riding in conjunction with an adult aged 18 or older. F. Securely fastened safety helmets must be worn at all times by all operators. G. 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). Page 11 of 30 BRIER CREST WOODS POA Rules and Regulations 5.4GOLF 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 dusk unless the golf cart is equipped and operated with headlights and taillights, then the hours are extended until 9:00PM for those under the age of 18 and 11:00PM for those over the age of 18. D. All passengers must be seated directly on a permanent seat at all times. 5.5AUTOMOBILES, MOTORCYCLES and TRUCKS A. Pennsylvania Motor Vehicle laws apply. B. Construction vehicles are restricted. Please refer to Article 5 (5.6) and Article 7. C. The speed limit is 25 miles per hour unless otherwise posted. D. PARKING: a.i.1.No tractor-trailers may park overnight anywhere in the development. a.i.2.Tractors must be parked forty (40) feet off the roadway. a.i.3.All parking violations subject to towing are at the owner’s expense. a.i.4.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. Tractor-trailers or tractors without trailers are excluded and may not be parked in this area. a.i.5.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 owner’s expense. Overflow parking because of a temporary event such as a party is permitted providing that the office and/or security is notified. a.i.6.It shall be illegal to park in a prohibited area including intersection or right of way, private property, etc. 5.6CONSTRUCTION EQUIPMENT A. CONTRACTOR OWNED (SEE ARTICLE 7.2F) B. OWNED BY PROPERTY OWNER 6.A.1. Equipment designed for off-road use such as backhoes, bucket loaders, bulldozers, etc. must be registered with the BCW office. 6.A.2. Non-rubber tired vehicles such as bulldozers may not be driven on BCW roads. 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 Page 12 of 30 BRIER CREST WOODS POA Rules and Regulations property owner’s 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 open outdoor fires of any kind shall be permitted in the community except for fire contained in the fire pit at the beach area. Please refer to Article 4 (4.2 Sec. P). C. Contained outdoor fires are permitted in covered devices such as a chiminea provided such devices are outfitted with a spark arrestor. D. A source of water must be available within 25 feet of the fire. E. No burning of refuse, trash, rubbish, leaves, twigs, and the like are allowed in Brier Crest Woods. F. Each owner shall maintain drainage ditches and swales at the street line in good condition so as to insure uninterrupted flow of water. G. Any driveway work which moves the location or alters the surface (such as changing from a stone driveway over to a paved driveway) of the driveway requires a new assessment to be done by BCW of the swale drainage which may include requiring a new swale pipe to be installed as noted in Article & (7.2, E2h) for construction. H. Ref Article 7 (7.2, E2f) 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 live 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: 1. A “STOP WORK” order will be placed on the site and a fine issued 2. 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. I. 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.” J. Hot tubs and spas are allowed but must not exceed 12 feet in length or width, and must be covered when not in use. 6.2 SIGNS A. All homes must have numbered signs that comply with the current requirements of Tunkhannock Township. B. Personalized lot signs can be no larger than 18 inches x 18 inches. C. Commercial or election signs are not permitted in the development. D. No signs (with the exception of security warnings) including commercial signs, “For Sale” signs, realtor’s signs, or any other shall be erected on any residential lot, with the exception that realtor’s signs may be placed inside the window of a home. E. No signs may be erected on roadways or other common property without prior approval of the Board of Directors. 6.3LITTERING Page 13 of 30 BRIER CREST WOODS POA Rules and Regulations A. STREETS 1. Littering is prohibited and is punishable by fine. B. OWNER’S 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.i.1.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. A.i.1.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. 6.4FENCING and DOG PENS A.i.1.b.A. In order to maintain and enhance the woodland nature and beauty of Brier Crest Woods, the only fencing allowed is either a split-rail fence or a wooden picket fence. No chain-link or other metal fence is permitted. The only exception to this is a dog pen as described later in this section. A.i.1.b.B. All fencing requires a permit prior to installation. Accompanying the application for a BCW permit must be a copy of the township permit, a photo showing us the fencing style to be used and a plot plan indicating type of fence, sizes, placement and setbacks A.i.1.b.C. Split rail fencing may not have more than 3 rails total nor exceed 4 feet in height. A.i.1.b.D. Picket fencing must have a minimum gapping of 2.5” and a maximum gapping of 3” between pickets. A.i.1.b.E. Only clear or natural wood stains may be applied to fencing. No painting is allowed. A.i.1.b.F. Maximum height for fencing is as follows: A.i.1.b.F.1. Front of property is 4 feet. A.i.1.b.F.2. Sides of property is 5 feet, unless part of the front area. A.i.1.b.F.3. Rear of property is 6 feet. Any exceptions to the height restrictions must be pre-approved by the permit committee as designated by the BCW board of directors. A.i.1.b.G. Dog pens are permitted in the rear yard of a property only and must be concealed by the home or garage set on the property. Page 14 of 30 BRIER CREST WOODS POA Rules and Regulations A.i.1.b.H. A dog pen may not exceed a maximum size of 100 square feet, nor 6 feet in height. A.i.1.b.I. A pre-manufactured dog pen made in chain link will be permitted as long as it is housed within a picket fence made of natural materials. A.i.1.b.J. A permit is required for the installation of a dog pen. Accompanying the application for a permit must be a plot plan indicating type of pen, size, placement and setbacks. 6.5PETS A. Keeping, raising or breeding animals, poultry or livestock of any kind except dogs or cats or other common household pets (providing they are not kept, bred or maintained for any commercial purpose) is prohibited. B. All pets must be confined to the owner’s 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 three (3) 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 will be picked up by security and may be turned over to the Monroe County Dog warden and the owner may 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 as defined by 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. J. Dog pens are permitted and must meet the requirements of Section 6.4. 6.6NOISE 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 (6.5,H) 6.7FIREARMS AND HUNTING Page 15 of 30 BRIER CREST WOODS POA Rules and Regulations A. Hunting or the discharge of any firearm within the boundaries of Brier Crest Woods is prohibited. B. Carrying a firearm within the confines of the Brier Crest Woods Community is strictly prohibited unless authorized by the Commonwealth of Pennsylvania. C. Any person in possession of any firearms must be in compliance with the Laws of the Commonwealth of Pennsylvania. 6.8 FIREWORKS E.A. No fireworks of any type are permitted in Brier Crest Woods at any time. E.B. Any individual caught in the act of setting off fireworks will be subject to the maximum fine allowed as outlined in Table 1. ARTICLE 7 – CONSTRUCTION (NEW AND EXISTING) Violation of these sections may result in the issuance of a “Stop Work” order, fine, or both. 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 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 GENERAL REQUIREMENTS Contractors must have all proper licensing and insurance on file with the BCW office prior to beginning any work on any property within BCW. All contractors must submit in writing to the BCW office a listing of all construction equipment that will be brought on to a site and also list the expected duration that each piece of equipment will remain on the site. No piece of equipment is allowed to sit idle for more than one week. Should this be the case, the home owner and the contractor will be requested to have the piece of equipment moved until it is needed. No equipment is allowed to remain on site for more than ninety (90) days. No equipment may be used on site that has not been listed with our office. Should this happen, a stop work order will be issued and the contractor will be asked to remove the equipment immediately. No equipment may be placed at a property site that does not have all required permits and paperwork in place in our office. Failure to adhere to this will result in the removal of the equipment by an authorized equipment towing facility. a.i.1.a.i.A. 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. a.i.1.a.i.B. 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. If the exterior is not completed within the given six (6) month time frame, the property owner will be issued a citation for failure to comply. For each thirty day period thereafter another citation will be issued until the exterior has been completed in its entirety. Page 16 of 30 BRIER CREST WOODS POA Rules and Regulations A property owner may request a three (3) month extension be given for the completion of the exterior. This request must be made prior to the initial six (6) month time frame expiring. The request must be made in person directly to the board of directors at one of the regularly scheduled board meetings. a.i.1.a.i.C. All chimneys must be equipped with an effective spark control device. a.i.1.a.i.D. All roofs must be constructed with fire resistant materials. a.i.1.a.i.E. No signs shall be erected at building sites. a.i.1.a.i.F. For new home construction, all contractors are required to have at least one portable toilet on an active work site no later than the date on which foundation work begins. The portable toilet must be secured to protect against possible tipping over and must be positioned no closer than 20 feet from an existing road easement. a.i.1.a.i.G. In order to further enhance the woodland nature and beauty of Brier Crest Woods, only specific styles and type of fences are permitted. Please refer to Article 6.4 for details. a.i.1.a.i.H. All new construction, additions, and major interior or exterior renovations such as but not limited to decks, roofing, siding and windows are required to have a dumpster on site for proper disposal of all trash and material waste. The site must be maintained trash and debris free at all times. a.i.1.a.i.I. The hours of construction operation will be from 7:30AM until 6:00PM or dusk, whichever is later. 7.2 PERMITS, PLANS and DOCUMENTS A. In order to begin any work in Brier Crest Woods, all applicable township and BCW permits must be on file in the property owner file in our office. For new construction or additions, BCW also requires photos to be taken and submitted showing the property prior to any tree removal being done. BCW will not issue any permit without having a copy of the township permit and photos submitted with the BCW permit application. B. In those instances where a township permit is not required, you may still be required to have a permit from BCW prior to beginning any work. Please check with our office or our permit committee to ensure you are in compliance with our requirements. C. Failure to have all proper permits filed with us will result in a “Stop Work” order being issued by the association. In addition to the order, you may also be given a citation by the association for failure of compliance. D. BCW will not issue a permit for work to any member who is not in good standing. E. All BCW permits are good for one year from the date of issuance, regardless of the duration of any other permits that were issued by the township. 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 back the 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). Page 17 of 30 BRIER CREST WOODS POA Rules and Regulations 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 6.1.H in this document 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 a Perc (percolation) test (improper procedure may cause a “No Build Lot”) 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! B. SETBACKS All setbacks start from the owner’s property lines, not the road or easements. 1. Minimum Building Setbacks, (Parcels under 1 acre, to include houses, garages, sheds, etc.) a. Front (or any road right of way) Setback 40 feet b. Rear Lot Line Setback 30 feet c. Side Property Line 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 C. EASEMENTS Page 18 of 30 BRIER CREST WOODS POA Rules and Regulations 1. Owners' Easements - All easements of Owners described in this Declaration are easements appurtenant to the Lots and run with the land. 2. Utilities Easements - The Common Facilities shall be and are hereby made subject to existing and future easements in favor of the appropriate utility companies and others, their successors and assigns, for services as are in the opinion of the Association desirable or necessary to serve the Community adequately, including the right to access, ingress and egress to carry out these services and further including (by way of illustration and not limitation) the right to install, lay, maintain, repair, relocate and replace wells, pump houses, water towers, water mains and pipes, sewer and drain lines, telecommunications cables and equipment, and electrical power lines, conduits and associated equipment over, under, through, along and on the Lots and Common Facilities. 3. Access Ways - The Lots and Common Facilities shall be and are hereby made subject to non-exclusive easements in favor of the Owners and their lessees, invitees, respective successors, heirs and assigns, and the Association for pedestrian and vehicular traffic on, over, through and across access ways as the same may from time to time exist and for pedestrian and vehicular traffic on, over, through and across all roads and unimproved portions of the Lots and Common Facilities as are convenient or necessary for the use, development and operation of any other property of the Association, whether currently owned, previously owned or acquired in the future by the Association. 4. Piping, etc. - Lot line easements described in number 6 below and the Common Facilities shall be and are hereby made subject to easements in favor of the Association, its successors and assigns, and the Lots benefited for the installation, repair, maintenance, use, removal and/or replacement of pipes, ducts, electrical wiring and all other utility lines and conduits to serve the Lots and which must pass across or through a portion of the Lots and Common Facilities, including other Lots; and further including rights of access, ingress, egress and regress to carry out these services. 5. Roads and Parking - Parking areas and the roadways which are used for ingress, egress and regress to and from the public highway, other parking areas and other portions of the Common Facilities, both by vehicles and pedestrians, are specifically subject to easements in favor of the Owners, and all persons to whom the Association expressly or otherwise transfers or conveys a right to use the parking areas or access ways. There is expressly reserved to the Association the right to establish within the Common Facilities and to use roadways for itself, the Owners, and all other persons whom the Association, in its sole discretion, expressly or otherwise allows, permits, transfers or conveys a right to use, including the general public. 6. Recorded Easements - The Lots and Common Facilities shall be subject to all easements shown on any recorded Plat or Final Plans affecting the Lots and Common Facilities, or any portion of them, and to any other easements of record or in use as of the date of recordation of this Declaration, as amended from time to time. 7. Reservation of Easements, Exceptions and Exclusions – a. The Association for itself, its successors and licensees, reserves a ten (10) foot wide easement along all road rights-of-way and a ten (10) foot easement along the side and rear lines of each and every Lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, Page 19 of 30 BRIER CREST WOODS POA Rules and Regulations together with the right to trim and/or cut or remove any trees and/or brush and the right to locate guy wires, braces and anchors wherever necessary for the installation, operation or maintenance, together with the right to install, operate and maintain gas and water mains, sewer lines, culverts, and drainage ditches, and other services and appurtenances thereto, for the convenience of the Lot Owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above. The only exceptions are that (1) if an Owner of two combined adjoining lots on which building is constructed that crosses over the original common lot line, then the old common lot line shall not be subject to the aforementioned ten (10) foot easement, unless it is shown on recorded plats; and (2) no easement shall exist on that portion of any waterfront lot running along or abutting the shoreline of Brier Crest Woods Lake unless shown on the recorded plats. The Association, as successor to Brier Crest Woods, Inc., the original Declarant, for itself, its successors, assigns and licensees, hereby reserves the right to cause or permit drainage of surface waters over and/or through all Lot line easements reserved on the Lots. As the successor Declarant and owner of all of the Common Facilities in the Community, the Association also has the authority to install, operate, and maintain the above-mentioned utilities and drainage facilities on, over, or under all community roads. b. Association hereby reserves and is granted the right to establish, from time to time, additional utility and other easements, permits, or licenses within the Lot line easements for purposes including but not limited to storm water drainage, irrigation, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions, and exclusions for the best interest of all the Owners and the Association, in order to serve all the Owners within the Community. c. Association hereby reserves and is granted the right to establish, from time to time, additional utility and other easements, permits, or licenses within the Common Facilities, for purposes including but not limited to streets, paths, walkways, drainage, irrigation, recreational areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions, and exclusions when in the best interest of the Association, in order to better serve all the Owners within the Community. d. Corner Lots - An easement is established on corner lots within a triangle the legs of which measure 30 ft. along the right-of-way line of each street from the point of intersection or 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. 8. Emergency Easement - A general easement is hereby reserved and granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies or persons to enter upon all streets and upon the Lots and Common Facilities in the proper performance of their duties. 9. Maintenance Easement - An easement is hereby reserved and granted to the Association, and its respective contractors, officers, agents, employees, and assigns, upon, across, over, in, and under the Lots and Common Facilities and a right to make reasonable use of the limited portions of Lots adjoining the Lot line easements and all of the Common Facilities as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Governing Documents, including the right to enter upon any Lots or Common Facilities for the purpose of performing maintenance to its easements and improvements. Page 20 of 30 BRIER CREST WOODS POA Rules and Regulations 10. Drainage Easement - An easement is hereby reserved and granted to the Association, its officers, agents, employees, successors, and assigns to enter upon, across, over, in and under all Lot line easements and the Common Facilities for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Community so as to improve the drainage of surface water. Best efforts shall be made to use this easement so as not to disturb the uses of the Owners and the Association. Best efforts shall also be made to the extent possible, to prosecute drainage work promptly and expeditiously, and to restore any area affected by that work to a sightly and useable condition as soon as reasonably possible following that work. D. WELL and SEPTIC 1. No installation shall be started before approval first from the proper authorities. 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. No well or septic shall be placed on an adjoining lot without said lot being properly conjoined through law as outlined by Tunkhannock Township and Monroe County. 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. 8. 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. E. 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. F. CONTRACTOR EQUIPMENT AND TRUCK RESTRICTIONS 1. A contractor must supply to the office a list of equipment that will be on-site and the expected duration of the equipment to be left on site. No equipment is to be placed on site until it will be utilized. No equipment may remain on site for a duration lasting longer than ninety (90) days. If equipment is needed beyond the given time frame, the property owner and the contractor are required to have a meeting with the BCW permit committee to review the request. 2. A contractor is not authorized by BCW to utilize any equipment listed on one site on other properties without having proper permits and authorization from the BCW Permit Committee issued for those other properties. At no time may contractors store equipment on a property or within BCW without express written permission given by the board of directors. Any equipment which is deemed by BCW personnel or its representatives as not being utilized for a period of time not less than two (2) weeks will result in the following measures being taken: Page 21 of 30 BRIER CREST WOODS POA Rules and Regulations a. The property owner and the contractor will both receive a warning complaint notification identifying the piece(s) of equipment that are not being utilized and will be asked to remove them from the property until such time that they will be in use on that property. The property owner and contractor will have five business days to comply with the request. b. The property owner will also be subject to fines by the association for noncompliance with this regulation. c. If after two additional weeks have passed and no response or action has been taken, then BCW will contact an authorized equipment towing company to come in and remove the equipment from the property. All expenses for this action being taken will be the sole responsibility of the property owner and the contractor upon the retrieval of the equipment from the towing company’s facilities. BCW will notify the owner and the contractor of the towing company’s information upon this action being taken. 3. Construction vehicles over twenty (20) tons are not permitted in the Brier Crest Woods community from February 15th to April 15th, unless previously approved by the BCW Board of Directors and its Permit Committee. Dates are subject to change due to weather conditions. Notice will be posted on the website www.briercrestwoods.org, on the bulletin board at the main entrance, and on the bulletin board in the mailbox area. 4. Oversized Vehicles requiring an escort must schedule delivery in BCW with the office and requires a BCW Security escort within the community. 5. Any construction trucks, trailers or equipment parked on the street at or near construction sites overnight must have prior approval from the association and must have marking cones placed in front and behind for the safety of the residents. ARTICLE 8 - CITATIONS and FINES 8.1 GENERAL A. Any violation of these Rules and Regulations as stated within this document are subject to fines to be issued by the association. B. 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. C. For any violation of other Rules & Regulations not specified in this document, the fine shall be issued at the discretion of the BCWPOA Security Staff. D. For the first offense within a one year period, the security officer may, at his or her discretion, issue a written warning in lieu of a citation. A subsequent violation of this same rule or regulation that falls within a one-year period may be considered a second offense. No warnings may be issued for the second or subsequent offenses. 8.2ISSUANCE a.i.1.a.i.A. A copy of the citation or written warning will be filed in the BCW office. The accused will receive the original copy. If the accused is not the property owner, then the Page 22 of 30 BRIER CREST WOODS POA Rules and Regulations 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 owner’s loss of “good-standing” status. Please refer to Article 2.2E. a.i.1.a.i.B. 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. a.i.1.a.i.C. All citations shall be in writing and shall identify and specify the following: a.i.1.1. The name of the accused. a.i.1.2. The residence of the property. a.i.1.3. The date and time of the infraction. a.i.1.4. The offense which is being cited. a.i.1.5. The amount of the fine. 8.3APPEALS A. Within fifteen (15) days of receipt of the citation you may either: a.i.1.1. Forward payment to the BCWPOA in the amount indicated on the citation. a.i.1.2. 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. B. If an appeal is filed, the citation and fee must be paid up front and if the appeal is won, all dollars will be refunded. 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 time frame 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. C. With reference to The Bylaws of the Brier Crest Woods Property Association, the Board of Directors hereby delegates and assigns certain authorities to the Appeals Committee for complaints (citations) issued by security officers.The Board waives the review of findings and recommendations of the Committee 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 committee’s 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. D. After review of the citation, the Committee is authorized to: 1. Uphold the citation and fine in its entirety. 2. Uphold the fine in a citation but dismiss other added penalties such as cleanup costs if they feel they are excessive or not applicable. 3. 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. Page 23 of 30 BRIER CREST WOODS POA Rules and Regulations E. Fines may not be reduced or increased unless they were incorrectly calculated per the table of fines in the Rules and Regulations. F. The Committee may recommend installment payments for fines in cases of hardship, but in no case shall the period be more than 90 days. a.i.1.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 oversee it and the parent or guardian of the defendant agrees to be the on-site supervisor of the juvenile. One hour of work shall equate to the state mandated minimum hourly rate. No work will involve the use of machinery or otherwise put the juvenile in an environment that might be deemed hazardous. a.i.2.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. 8.4FINES A. 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 one’s property. B. For a list of general offenses and fines, see TABLE 1. Some violations may result in additional fines or punishment from state, county, or municipal authorities. 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 ($) for SECOND OFFENSE COST ($) ***** Construction Violations ***** Failure to Have Permits and Proper Paperwork on File - a stop work order will also be issued $250.00 $500.00 $10.00 Failure to Comply with 6-Month Exterior Completion (fine will reoccur every 30 days until completion) $250.00 $250.00 $10.00 Failure to Have Porta-Potty on Site for New Construction - a stop work order will also be issued $100.00 $25.00/day $10.00 Failure to Have Dumpster on Site for New Construction and Major Renovation work - a stop work order will also be issued $250.00 $25.00/day $10.00 Failure to Disclose Construction Equipment - a stop work order will also be issued $50.00/day $50.00/day $10.00 Storing or Non-Use of Contractor Equipment - a written warning will be issued first $100.00 $200.00 $10.00 Page 24 of 30 BRIER CREST WOODS POA Rules and Regulations Failure to maintain site debris and trash free $100.00 $25.00/day $10.00 Dumping of construction debris by a Contractor or Property Owner in BCW Receptacles $500.00 $1,000.00 $10.00 Removing 70-80% of trees (Article 6.1H) $500.00 - $10.00 Other Building Violations (Unspecified) $100.00 - $250.00 $250.00 - $500.00 $10.00 OFFENSE FINE ($) for FIRST OFFENSE FINE ($) for SECOND OFFENSE COST ($) ***** General Violations ***** Burning, Outdoor or Uncovered Fire Pit $100.00 $200.00 $10.00 Chimney Cap missing $50.00 $100.00 $10.00 Dumping of large items in compactor $100.00 $200.00 $10.00 False Alarms $25.00 $50.00 $10.00 Handicapped parking violation $100.00 $100.00 $10.00 Littering within BCW Community $100.00 $200.00 $10.00 Unsightly Items on Property (i.e. Mattresses, Scrap Metal or Trash) $100.00 $200.00 $10.00 Failure to Pick Up After your Pet $50.00 $100.00 $10.00 Pet (Animal) violation (i.e. Loose Animals, Barking) $50.00 $100.00 $10.00 Misuse of Amenities $50.00 $100.00 $10.00 Nuisance, General $50.00 $100.00 $10.00 Noise Violations $50.00 $100.00 $10.00 Reckless Driving $100.00 $200.00 $10.00 Sign Violations $50.00 $100.00 $10.00 Traffic Violations, moving / speeding $75.00 $150.00 $10.00 Traffic Violations, parking $25.00 $50.00 $10.00 Weapons Discharge or Hunting in BCW $500.00 $1000.00 $10.00 Use of Fireworks $250.00 $500.00 $10.00 Page 25 of 30 BRIER CREST WOODS POA Rules and Regulations Other Non-Compliance with BCWPOA Rules & Regulations (unspecified) $50.00 – $500.00 $100.00 - $1,000.00 $10.00 PLEASE NOTE: A late charge of 1% will be added monthly to any unpaid fine. Page 26 of 30 BRIER CREST WOODS POA Rules and Regulations INDEX alarms.............................................................5, 28 animals..............................................8, 11, 17, 28 appeal.....................................................25, 26, 32 ATV..........................................................7, 12, 13 badges........................................................ 6, 8, 11 beach.......................... 5, 6, 7, 8, 11, 13, 14, 15, 17 bicycles........................................................ 12, 14 boats.......................................................7, 8, 9, 17 Community Building.............................. 4, 7, 9, 12 contractors.................12,14,15,18,19,23,24,27,31 curfew..................................................................5 dog............................................................8, 16,17 easement......................................................19-23 fencing.........................................................16, 19 Fire...........................................8, 11, 15, 19, 22,28 fireworks...................................................5, 18,28 fishing....................................................5, 6, 7, 8,9 golf carts....................................................7, 12,13 guests................................4, 5, 6, 7, 8, 9, 12,26,27 Lifeguards.................................................5, 7,8,11 pavilion.......................................................8, 9, 11 permit................................................16, 18-24, 27 pets............................................................8, 17,28 renters...............................................5-8, 21,26,27 tennants..................................................5-8, 27 Security..........................5-7, 9-12, 15,16,24-26,32 signs........................................................13,15, 19 skateboarding..................................................8,11 trees.....................................................15,19,22,27 vehicle..................................... 5-8,12-14,16,21,24 Page 27 of 30 BRIER CREST WOODS POA Rules and Regulations 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) Page 28 of 30 BRIER CREST WOODS POA Rules and Regulations 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, subcontractors 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) Page 29 of 30 BRIER CREST WOODS POA Rules and Regulations 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. Page 30 of 30