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ON THE USE Etc.1
RULES AND REGULATIONS OF THE SWATARA VILLAGE PROPERTY OWNERS ASSOCIATION
Taken from the DECLARATION OF COVENANTS AND EASEMENTS CONDITIONS AND RESTRICTIONS SWATARA VILLAGE as amended. ARTICLE VI RESTRICTIONS ON THE USE AND OCCUPANCY Imposition of Restrictions OF SWATARA VILLAGE ... FOR
In order to preserve the character of Swatara Village and for the protection of the value of Swatara Village, and all Dwelling Units, Yard Areas, and Common Areas therein, Declarant hereby declares that Swatara Village and all Residents of Swatara Village, shall be subject to the following Rules and Regulations, in addition to all current covenants, easements and restrictions of record, all of which shall be perpetual in nature and run with the land: Section 6.2 a) Restrictions Re: General Use No resident shall do work or conduct any activity in Swatara Village which would affect or alter the residential character of Swatara Village or jeopardize the soundness or safety of another Dwelling Unit or any Common Facility, or which would impair any easement, or encroach upon any Yard Area or Common Area No obnoxious or offensive activities shall be carried on, in, or upon Swatara Village, or in any Dwelling Unit, Yard Area or Common Areas which may be or may become an annoyance or nuisance to any other Resident or interfere with the peaceful possession, rights, comforts, or conveniences and proper use of Swatara Village by its other Residents. No Resident shall make or permit any disturbing noises to be made in the Village, nor shall any Resident do or permit anything to be done that will interfere with the rights, comforts or conveniences other 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 of Swatara Village.
There shall be no obstruction of access to the Common Area in and through the Street System or the Sidewalks or Common Facility Parcel. No pets shall be permitted in Swatara Village except in accordance with a policy adopted by the Association. Light Standards shall be supplied with all required electrical power from the Dwelling Unit located on the Lot on which the Light Standard is installed to provide fifty (50) watts of dusk to dawn lighting from each Improved Lot, at the expense of the Owner or the Resident of the Dwelling Unit. No fences shall be erected on any Lot anywhere within Swatara Village without written approval of the Association. No signs, except those describing or locating the Common Area, streets in the Street System, Lot Ownership, and normal real estate company sales and retail signs shall be permitted within Swatara Village or any Yard Area, or on any Dwelling Unit or Accessory Building without prior written approval by the Association.
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(Additions to Article VI - RESTRICTIONS ON THE USE Etc.1
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 be mounted on a permanent foundation. Swatara Homes, Inc. shall be the exclusive builder of the original residences in Swatara Village. In order to assure compliance with the Federal Fair Housing Act as it relates to features built into a community specifically designed for individuals 55 years and older the Association through its Board of Directors shall do the following: adopt and approve specifications for the construction of dwelling units and accessory buildings - both manufactured and site built components; select a Construction Inspector and promulgate his authority to review and approve plans, inspect construction and enforce compliance with the adopted specifications; set forth a fee schedule to reimburse the Association for the costs incurred in this review and inspection process. b) No Dwelling Unit shall contain more than one (1) story and in no event shall be higher than nineteen (19) feet above the grade at its foundation wall without the written consent of the Association. All Dwelling Units shall maintain side yards of not less than five (5') feet, a rear yard of not less than twenty (20') feet and a front yard of not less than twenty-five (25') feet. No Accessory Buildings shall be installed on any Lot which is not also occupied by a Dwelling Unit. All Accessory Buildings shall maintain side yards of not less than five (5') feet, a rear yard of not less than five (5') feet and a front yard of not less than twenty-five (25') feet. All future Driveway Common Areas shall he installed in accordance with specification to be adopted by the Associations. No Owner, Resident or any other Person shall do anything to change the exterior appearance of any 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 changing the 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 patios and balconies. Dwelling Units and Yard Areas shall be used only and solely and exclusively for residential purposes, and no Owner or Resident shall engage in, or permit any other person to be engaged in any business, profession, trade or craft in or on any Lot or on any Common Area without the express written consent of the Association. Dwelling Units and Yard Areas shall be used only and solely and exclusively for residential purposes, and no Owner or Resident shall engage in, or permit any other person to be engaged in any business, profession, trade or craft in or on any Lot or on any Common Area without the express written consent of the Association. No Owner, Resident or any other Person shall build, plant or maintain any matter or thing upon, in, over, or under any Dwelling Unit or any Yard Area or the Common Areas, without the 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 Swatara Village overall approved by the Association.
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!Additions to Article VI - RESTRICTIONS
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Nothing shall be done in or to any Dwelling Unit, Accessory Building or Yard Area which changes or impairs the structural integrity of any Dwelling Unit. No Owner, Resident or any other Person may make any exterior structural additions, alterations or improvements in or to a Dwelling Unit or Accessory Building, including but not limited to construction or enlargements of decks, patios, balconies, canopies, awnings or the construction or installation of any shed, outbuilding, fence, pool, barbecue pit, compost bin, feeder, lawn ornament, 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 breach any portion of this restriction, (in addition to all of the remedies given to the Association in case of such breach of any condition or covenant of this Declaration), the Association shall have the right and privilege of removing any item, improvement or personality resulting in a breach of this Section, and all expenses incurred in remedying such breach or violation shall be considered additional Association fees collectible from the Owner in the same manner and fashion as other fees provided for herein. Nothing shall be done or kept in any Dwelling Unit or on any Lot which shall increase the rate of insurance of any other Owner or Resident, or the Association beyond the rated applicable for Single family residential structures. No Owner, Resident or any other Person shall 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 the Common Area or any Dwelling Unit or the contents thereof, or any Yard Area or Common Areas or which would be in violation of any law. No clothes, sheets, blankets or laundry of any kind or any other articles shall be hung in any Yard Area or outside of any Dwelling Unit or enclosed Accessory Building or exposed in any Yard Area or on any part of the Common Area, nor shall anything be hung, painted or displayed on the outside windows, walls or doors of any Dwelling Unit without the prior written consent Association. of the
No television or radio antennas, wires, TVRO or Satellite Dish, or canopies shall be affixed or placed 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. on any Lot which is a fire Hazard, nor shall Owner
or Owner shall keep anything regulation.
violate any law or government 0)
No Owner or Resident shall, without the written consent placed Area. any stand, booth, sign, showcase, or device
of the Association,
place or allow to be
on or in any part of any Lot or Common
his or her individual
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 fill material placed on any Lot shall direct or increase the flow of storm water to any adjoining Lot or which would fail to comply with the provisions for storm water management on the 1983 Plan. All Yard Areas not landscaped in accordance with any landscaping plan contained in the Rules and Regulations shall be maintained in grass. All grass, weeds and brush on all Lots, including Vacant Lots, shall be cut so that a growth height 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) for any period of time in excess of 30 days during any six (6) month period without the prior consent of the Association. Eighty (80%) or more of the Dwelling Units shall be occupied only by living groups i n which one of the Residents shall be a Qualified Resident. Provided, however, that n the event of the death or permanent or long term absentee of the only or last remaining Qualified Resident in any Dwelling Unit, for reasons beyond the control of such Qualified Resident, the Association may, upon request, suspend this requirement for a period or periods of time, reasonable under circumstances, to permit the Owner to dispose of or lease or rent the Dwelling Unit.
Section 6.6 Vehicle Restrictions a) No commercial vehicles may be parked overnight and no boats, trailers, campers, motor homes or trucks having a gross weight in excess of eight thousand (8,000) pounds may be parked on any part of Swatara Village, or in any Yard Area without the prior written consent of the Association, except those vehicles temporarily on a Lot for purposes of serving the Dwelling Units located therein. No part of any Yard Area shall be used for unenclosed outside storage, covered or otherwise. Boats, trailers, campers, motor homes or trucks having a gross weight in excess of eight thousand (8,000) pounds may be parked without the written consent of the Association In the rear yards of lots whose rear yards provide direct access to unpaved Common Area cartways, and in other areas designated by the Declarant or the Association. Parking of such vehicles in the designated areas shall be at the sole risk of the owner of the vehicle. Any members or owners utilizing such designated areas as described above hereby waive and release the Declarant or Association from any claim or liability arising out of the use of such areas as aforesaid, and by their use of such desiqnated areas agree to indemnify and hold the Declarant or Association harmless from any claim or liability that my be asserted against them on account of or arising our of such use of the designated areas. All motor vehicles shall be parked within a driveway in a Lot, and not in any Driveway Common Areas, or in designated space, in Common Area.
c) No unlicensed motor vehicles shall be parked within the Village without the express written consent of the Association.
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f'dditions to Article VI - RESTRICTIONS ON THE USE Etc.1
No vehicle shall be operated within Swatara Village at a speed in excess of 15 miles per hour, and all Residents guests, employees and invitees shall abide by all traffic controls signs and devices. No Owner or Resident shall wash, service or repair a motor vehicle in any Common Area, except in an area as Association may designate. No Owner or Resident who shall wash a vehicle on any Lot or Driveway Common Area shall use any soap or detergent, or any substance unless it is biodegradable. The use of chemical snow melters on concrete surfaces of Sidewalks, Improved Streets and Driveway Common Areas is not permitted during the 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 and free from all debris or other refuse. All garbage and refuse must be kept in approved garbage containers approved by the Association and all containers shall be kept in the rear or side Yard Area against the Dwelling Unit and shall be disposed of at such times and such places and in such manner as the Association shall direct. No ash cans, garbage cans, garbage bags, wood boxes, firewood, kitchen supplies, ice or other articles will be placed outside of the Resident's Dwelling Unit, except in such places 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 Swatara Village, by the Declarant, or its successors, no septic or other on-site sewage disposal system shall be installed on any Lot, and no water well shall be drilled on any Lot, except wells for ground source heat pumps, without prior written consent of the Association, and the Owners and Residents shall be bound by the rules, regulations and rates lawfully promulgated and adopted by the Declarant with respect to the Declarant's Utilities, including provisions of Article 7 hereof. 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 from such action by Resident will be charged to such Resident and/or Owner.
Each Owner and Resident shall be responsible for the installation, maintenance, repair and replacement of all pipes, valves, drain connections and other facilities installed or required to be installed within the property line of each Lot, to connect each Dwelling Unit of such Owner or Resident 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 bike or 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. Neither hunting or the discharging of firearms, nor overnight camping shall be permitted on the Reside Parcel or Residential Lot Area by any Owner or Resident, or by any guest of any Owner or Resident.
Section 6.10 Additional Amendments; Enforcement a) The Association shall have the power to make such other Rules and Regulations as may be necessary to carry out the intent of the Declaration and these Rules and Regulations, and the Association shall have the right to bring lawsuits to enforce the same. The Association shall further have the right to levy fines for violation of such Rules and Regulations, or this Declaration, provided that the fine for any single violation may not, under any circumstances, exceed $10.00. For each day a violation continues after notice, it shall be considered a separate violation. Any fines so levied against the particular Owner or Resident involved and collection may be enforced by the Association in the same manner as the Association is entitled to enforce collection of any other assessments. Fines may be levied against a Tenant and the Owner jointly, and each Owner shall be severally liable with his Tenant for the payment of the same. In the event the Association institutes legal action for collection of any fines and is successful, the defendant (s) shall be responsible for payment of reasonable attorney's fee to the Association plus interests and costs of suit. By acceptance of a deed for a Lot, each Owner does, to the extent permitted by law, hereby irrevocable authorize and empower the Association of any attorney, acting on behalf of the Association, to appear as attorney for such Owner in any. Court of Common Pleas of the Commonwealth of Pennsylvania, and in the name or names of such Owner, as the Owner or Owners" attorney-in--fact, and on one or more occasions, to commence an amicable action and to consent to entry of a judgment therein, limited, however, in effect and enforcement to such Owner or Owners' Lot or Dwelling Unit, in the amount of all sums due to the Association under this Section. If the Association or any attorney acting for it, and acting as the attorney-in- fact for the Owner or Owners, shall commence an action and enter a judgment in accordance with this Section, such attorney may, in such action, incorporate this Section by reference to the place in the Recorder's Office where this Declaration shall be recorded, which reference shall be conclusive evidence of the authority herein granted.
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!Additions to Article VI - RESTRICTIONS
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In accordance with Article VI Section 6.2(e) DECLARATION OF COVENANTS AND EASEMENTS CONDITIONS AND RESTRICTIONS ...FOR SWATARA VILLAGE, the Board of Directors of Swatara Village have 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 care and control of the pets so as to prevent them from becoming either a nuisance to their neighbors or detrimental to the 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 portion of street right of ways, in the area south of the property lines on Canal Drive and in undeveloped areas with the permission 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 fence device. 6. Pets must be properly licensed where required by governmental 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 in Swatara Village. stature. electronic
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, 1997 meeting 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 SWATARA VILLAGE, a residential community dated May 12, 1993 as amended. 1. All plans and specifications for exterior additions, alterations, or improvements to Dwelling Units are to be submitted for approval to the Rules and Regulations Committee and the Board of Directors prior to starting construction. 2. Additions or alterations to Dwelling Units must be structurally sound according to BOCA Codes and have footings 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. foundation Accessory buildings such as detached garages or storage sheds need not have but should have exterior finished which are complementary to the Dwelling Unit. a permanent
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!Additions to Article VI - RESTRICTIONS
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FOR APPROVAL OF CLOTHESLINES
IN SWATARA VILLAGE
Guidelines for exemptions to Article VI, Section 6,3 0) of the DECLARATION OF COVENANTS EASEMENTS CONDITIONS AND RESTRICTIONS "",FOR SWATARA VILLAGE, a residential community, 1, The clothesline will be retractable or otherwise easily removed, allowed if they are not an obstacle to maintenance of the property, 2, Lines will be used from dawn until 4 PM only, Permanent exterior
poles will be
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 Committee, to install and use clotheslines is obtained through the SVPOA Rules and Regulations
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