Alcoholic Beverages
Animals
Badges
Beaches
Boats
Burning
Amenity Usage
Disorderly Conduct
Excavating
Firearms
Fireworks
Fishing
Garbage
Gate Cards
Hunting
Littering
Lot Maintenance and Identification
Renting
Structures
Trees
Traffic Laws
Motor Vehicles
ATVs, Go Karts, Dirt Bikes, Snowmobiles, and Etc.
Parking
Enforcement
And now, to wit, 21st Day of September 1996, the following rules and regulations are hereby enacted and adopted by the Board of Directors of Pocono Springs Civic Association, inc., pursuant to the powers provided to it by "COVENANTS, CONDITIONS AND RESTRICTIONS" and "BY-LAWS" of the development known as Pocono Springs Estates:
I. Definitions:
A. Amenities---any and all of the common property, Including, but not limited to, roads, recreational facilities, green area, administration and office facilities, owned and/or maintained by Pocono Springs Civic Association, Inc. This term may be used interchangeably with the term "Common Area"
B. Association---Pocono Springs Civic Association, Inc., A non profit corporation organized and existing under and by virtue of the corporation laws of the Commonwealth of Pennsylvania, and charged with the duty and authority of promulgating, enacting and enforcing certain rules and regulations, by-laws, covenants, conditions and restrictions in the development known as Pocono Springs Estates.
C. Board---the Board of Directors of Pocono Springs Civic Association, Inc.
D. Development---that development known as Pocono Springs Estates located in Sterling Township, Lehigh Township and Dreher Township, Wayne County, Pennsylvania.
E. Hearing board---a board designated by the Board of Directors of Pocono Springs Civic Association, inc. To hear appeals of violations brought under these rules and regulations as outlined herein.
F. Property owner---any individual owning property within the development known as Pocono Springs Estates, as defined by the Bylaws.
G. Security ---anyone designated and authorized by the Board of Directors to man the front and rear gates of the Association, and to routinely patrol the common areas, gates and roadways of the development and to act as indicated by the Board of Directors.
II. Alcoholic Beverages:
Consumption of alcoholic beverages in the development is regulated pursuant to the provisions enacted by the Commonwealth of Pennsylvania. Additionally, it is a violation of these rules and regulations for any person under the age of twenty-one (21) to consume alcoholic beverages within or about any common areas and/or facilities owned by the Association.
Violation of this section shall constitute a class one violation.
III. Animals:
Maintenance of animals shall be as provided for under the applicable covenant, conditions and restrictions of the development. Pets shall be inoculated and licensed as per Pennsylvania law, and copies of such documentation shall be provided to the Association.
The owner is responsible for the behavior of his/her Pet(s) at all times. Pets, when off the owner's property, must be on a leash not longer than six (6) feet at all times and the pet must be under the control of the owner at all times. No pet owner shall allow his/her pet(s) to engage in noise or conduct that may create a nuisance within the development. Pets are not permitted to roam unattended anywhere on Pocono Springs property.
Pets, with the exception of Seeing Eye Dogs, or those pets used in the assistance of handicapped individuals, are not permitted on the grounds of the recreational island.
Not withstanding anything herein, the association may impose a fine for violation of this section regardless of whether or not the individual has been cited and/or fined by the Commonwealth of Pennsylvania.
The first violation of this section shall constitute a class two violation.
The second violation of this section shall constitute a class three violation and the authorities shall be notified.
Third and subsequent violations shall constitute a Class four violation
Should an owner's pet become involved in an attack against any person within the Pocono Springs Development, this shall constitute a class five violation and all legal steps necessary will be taken to have the pet permanently removed from Pocono Springs.
IV. Badges:
Use of all recreational sites or facilities owned in or maintained by the Association is restricted to property owner members in good standing of the Association and resident members in good standing of the Association, as defined by the Association by-laws and guest of lot owner members and resident members in good standing; and tenants of property owners in good standing.
An identification badge of current issue from the Association must be worn at all times while using any of the aforementioned recreational sites or facilities of the Association. Badges shall be obtained and signed for, in person by the Property Owner, or with written authorization, by their authorized representative, from the Association Office under a number limitation and subject to the current cost as enacted by the Board of Directors.
A violation of this section shall constitute a class one violation after one warning.
V. Beaches:
The Association, does not maintain any beaches for the purpose of swimming on Crystal Lake.
VI. Boats:
No boats powered by an internal combustion engine, other than the Rescue Boat owned and operated by the Association, are permitted to be placed, docked, or operated upon Crystal Lake. All sailing craft, rowboats and canoes must be registered with the Association prior to use under the registration system then in effect and subject to any fees imposed by the Association and/or the Board of Directors.
A violation of this section shall constitute a class three violation.
Operation of any registered water craft shall be under and subject to the specific rules and regulations of the Pennsylvania Fish and Boat Commission, issued in conjunction with the registration.
For the safety and security purpose, all boats must be removed from the island on or before November 1, of each and every year. If said boats are not removed as provided herein, the Association and/or Board reserves the right to remove same and to impose any and all reasonable charges upon the owner for removal and storage, as the case may be. Any charges shall be immediately billed to the boat owner and the same shall be remitted to the Association within thirty (30) days thereof. If the same is not remitted within this time period, the amount due shall be added to the property owner(s)' account and collected as delinquent dues and/or assessments and penalties. If the boat is not claimed within sixty (60) days, the Association reserves the right to auction off the said boat to the highest bidder, and retain the proceeds in satisfaction of any accumulated fines and/or fees.
The Association will, at the owners request, transport boats using the Association's Maintenance Staff, to and from the owners property within the development, at the end of the boating season, for a fee as established by the Board of Directors.
A violation of section shall constitute a class three violation.
VII. Burning:
Prior to any limited burning, except for barbecues and barbecue grills used exclusively for cooking food, a burning permit must be obtained from the office. This permit is free of charge.
The Association reserves the right to deny any burning permit, permits may also be denied due to weather conditions and all permits shall be subject to local municipal ordinances.
Limited burning must be attended and the fire contained in an applicable fireproof container or in a contained area. Sufficient amounts of fire extinguishing materials must be on hand to extinguish the fire should it become necessary.
Limited burning is restricted to routine residential maintenance, such as leaves, branches, untreated wood remnants and etc. No household garbage nor toxic materials, such as, but not limited to, tires, pressure treated lumber, paints, solvents, and etc. shall be disposed of in this manner.
A violation of this section shall constitute a class one violation.
VIII. Amenity Usage:
The PSCA recreation sites and facilities, i.e. the pool, clubhouse, recreational island, lake, and other facilities, may be used by members of the Association in good standing, their renters and/or guests under provisions then in effect within the Association as implemented by the Board of Directors.
A violation of this section shall constitute a class one violation.
IX. Disorderly Conduct:
No one shall, with intent to cause, inconvenience, annoyance or alarm, or recklessly creating a risk thereof, engage in fighting or threatening, or in violent or tumultuous behavior; make unreasonable noise: use obscene language, or make an obscene gesture; or create a hazardous or physically offensive condition by any act which serves no legitimate purpose.
A violation of this section shall constitute a class two violation.
X. Excavating:
No excavation is permitted in Pocono Springs Estates, except for the purpose of construction allowed by the "COVENANTS, CONDITIONS, AND RESTRICTIONS", and only at the time of construction or related activities.
No earth, sand, rock, stone, or any inert material shall be removed from any lot except as part of an excavation or with the written permission of the land owner and the association, and the same as provided for the under "COVENANTS, CONDITIONS, AND RESTRICTIONS" of Pocono Springs Estates.
A violation of this section shall constitute a class three violation.
XI. Firearms:
No person shall discharge any firearm, including without limitation, rifle, pistol, shotgun, flintlock, black powder, conventional bow and arrow, or cross bow or any device capable of propelling a projectile of any kind, with the exception of an air gun or B.B. gun used solely and completely within the confines of one's own property, within Pocono Springs Estates.
No person shall carry, concealed or otherwise (except as provided for by Commonwealth of Pennsylvania law), any of the aforementioned firearms in such a condition that they are loaded and ready for discharge, within the confines of Pocono Springs Estates.
A violation of this section shall constitute a class three violation.
XII. Fireworks:
Fireworks are prohibited within Pocono Springs Estates in accordance with the laws governing same prescribed by the Commonwealth of Pennsylvania.
A violation of this section shall constitute a class one violation.
XIII. Fishing:
All persons over the age of sixteen (16) years old must possess and display a current Pennsylvania fishing license the Association, by reference thereto, hereby incorporates the fishing laws of the Commonwealth of Pennsylvania in these rules and regulations.
A violation of this section shall constitute a class one violation.
XIV. Garbage:
The Pocono Springs Civic Association maintains trash containers. Use privileges are restricted to property owners who have paid their current assessment in full. Only refuse generated in Pocono Springs is permitted to be placed in the containers.
No lot nor any part thereof shall be used or maintained as a dumping ground for trash, garbage, rubbish or for any type of disposal. Trash, garbage, rubbish or other waste shall be kept in sanitary containers and shall be removed for disposal in the Association container in a timely fashion.
A violation of this section shall constitute a class three violation, after first warning.
The use of the containers by contractors is strictly prohibited. Contractors violating this rule and regulation will be subject to fines as follows:
first offense - $500.00In addition, a ban will be established by the Association that will deny the contractor the privilege of working in Pocono Springs Estates until the fine and/or fines are paid in full.
second offense - $1,000.00
third offense - $1,000.00
XV. Gate Cards:
Gate cards shall be obtained from the Association. A $50.00 deposit is required for each card that is issued to a renter. Property owners shall not give their personal cards to anyone. Gate Cards will be obtained from the Association Office.
A violation of this section shall constitute a class one violation.
XVI. Hunting:
Hunting is not permitted on or within the boundaries of Pocono Springs Estates. Persons gaining access to state gamelands from Pocono Springs must acquire express written permission from the property owner of any property, other than their own, that they intend to cross and/or park their vehicle. Property owners who give permission to their guests to use community roads to gain access to state gamelands must accompany said guests. The property owner will be responsible for the action of their guests, and the guests will be required to obey all the rules and regulations of the Association.
A violation of this section shall constitute a class four violation.
XVII. Littering:
Littering is prohibited on all Pocono Springs properties.
A violation of this section shall constitute a class two violation for a first offense, class three for a second and subsequent violations.
XVIII. Lot Maintenance and Identification:
Each home owner and/or property owner is responsible for the maintenance and repair of their property, and to keep said premises in such a condition and appearance so as not to detract from the rest of the community. For emergency and identification purposes each homeowner shall display his lot number (property address) in a place and manner that is clearly visible from the road. There shall be no outside storage of anything that is not accessory to the residential use of the property.
A violation of this section shall constitute a class one violation after warning.
XIX. Renting:
It is the responsibility of the homeowner (s) to inform renters of the rules and regulations of the Association. No home shall be used for anything other than a single family residence. All tenants or occupants are subject to Association rules and regulations, and the owner(s) shall be held responsible for any and all infractions and imposition of any fines.
The home owner (s) must provide the Pocono Springs Civic Association Inc., With a copy of the lease, full name(s) of the lessee and occupants and the permanent address and telephone number of the owner. A lessee may not sublet the property as a unit or any part thereof. The home owner shall be responsible for the Association dues and assessments.
Identification stickers shall be displayed on all vehicles as is indicated herein. The identification sticker shall be obtained from the Association at the fee then in effect.
The identification sticker must be removed and returned to the Association office upon termination of the lease. Tenants or occupants of a leased home will be entitled to use the recreational facilities only if the homeowner relinquishes their right to use the recreational facilities for the length of the lease.
A violation of this section shall constitute a class one violation.
XX. Structures:
No building or structure of any type shall be erected or brought upon a lot in Pocono Springs without first obtaining the approval of the Association's Architectural committee. No structure of a temporary nature (trailer, basement, tent, shack, garage, barn or other building) shall be used on any lot at anytime as a residence, either temporally or permanently.
Applicants for building permits shall make proper application of the Association and shall abide by any and all of the architectural rules and regulations then in effect.
The Association, in addition to the fine provided for herein, shall have the right to seek equitable relief in the court of common pleas of Wayne county, Pennsylvania for violation hereof, and in furtherance of enforcement of the rules and regulations and covenants, conditions and restrictions of Pocono Springs Estates.
A violation of this section shall constitute a class one violation.
XXI. Trees:
Cutting of trees and gathering of dead wood within the development is permitted with the consent of the owner of the subject property.
The cutting of live trees is not permitted except with written permission of the association, with the exception that, for emergency purpose only live trees, or parts thereof, may be cut and or removed immediately by the property owner with subsequent notice to the Association.
A violation of this section shall constitute a class three violation.
XXII. Traffic Laws:
All traffic laws and rules of the road, applicable in the Commonwealth of Pennsylvania shall also apply within the Association. The speed limit on all Pocono Springs roads is twenty-five (25) miles per hour, except where otherwise posted.
A violation of this section shall constitute a class one violation after first warning.
XXIII. Motor Vehicles:
All automobiles and or motor vehicles belonging to homeowners, property owners and/or renters shall have affixed to their vehicle the current identification stickers as prescribed by the Association. Upon termination of Association membership, identification stickers must be returned to the Association Office.
In addition, all Visitors must visibly display an Association Guest Pass.
A violation of this section shall constitute a class one violation.
XXIV. ATVs, Go Karts, Dirt Bikes, Snowmobiles, and Etc.:
All motorized recreational vehicles must be registered with the Association and must display current Association identification.
Only members in good standing, their tenants or guests may bring in and use motorized recreational vehicles on Pocono Springs Estates. All motorized recreational vehicle operators and passengers must wear a protective helmet.
Property owners will be responsible for their guests operating motorized recreational vehicles within the community. Guests operating motorized recreational vehicles within the community must acquire a guest pass of current issue.
All motorized recreational vehicles shall observe all applicable traffic rules and regulations.
The maximum speed limit for all motor vehicle operating on community roads shall not exceed twenty-five (25) miles per hour unless posted otherwise.
Motorized recreational vehicles operators must obey Pennsylvania state motor vehicle regulations and must obey all traffic signs and regulations posted by the association. Recreational vehicles must be operated with a minimum amount of noise and inconvenience to Pocono Springs residents.
Go Karts and Snowmobiles are required to attach a visible safety pennant of standard length to their vehicles. Children under the age of twelve must wear protective headgear when riding non-motorized recreational vehicles as well as motorized recreational vehicles.
All motorized recreational vehicles shall have the proper muffler designed for the vehicle and must meet all government sound and noise limitation. All motorized recreational vehicles operated after dark shall be equipped with head, and tail lights.
Motorized recreational vehicles may be used on the causeway to the Clubhouse for transportation purposes only.
A violation of this section shall constitute a class one violation.
XXV. Parking:
No motor vehicle, motorcycle, or recreational vehicle shall be parked on any Association road.
No person shall park or leave unattended a vehicle on private property without the consent of the property owner or other person in control or possession of the property. In the event a motor vehicle becomes inoperable for any reason, on an Association road, it is the responsibility of the owner to notify the Association office.
Vehicles parked off the road, except those parked in driveways, shall face in the direction of travel on the side of the road the vehicle is parked, and shall have the wheels nearest the road at least eighteen (18) inches away from the traveled road surface.
No person shall park in a designated handicap parking area without displaying a valid handicap parking placard, sticker, or license plate.
Any vehicle in violation of this section may be removed by the Association without any liability thereof and with the cost of said removal to be borne by the owner of same. Any charges shall be immediately billed to the motor vehicle owner and the same shall be remitted to the association within thirty (30) days thereof. If the same is not remitted within this time period, the amount due shall be added to the property owner(s)' account and collected as delinquent dues and/or assessments and penalties.
A violation of this section shall constitute a class one violation.
XXVI. Enforcement:
Violation of any of the foregoing shall carry with it fines as follows:
Class one - $25.00All property owners' privileges shall be suspended until any and all fines imposed herein are paid in full.
Class two - $50.00
Class three - $100.00
Class four - $500.00
Class five - $1,000.00
Upon the notification of any violation of any of the rules and regulations herein, a property owner shall have thirty (30) days following the date of the notification of the violation to request a hearing before a Hearing Board designated by the Board of Directors.
The Hearing Board shall determine the guilt or innocence of the defendant within ten (10) days of the hearing.
All individuals found guilty of the rule or regulation shall have the right to appeal to the Board of Directors of the Association, and exercise their right to a hearing before said Board. Such appeal must be effected within thirty (30) days after the date of the finding of the initial Hearing Board.
Any fines imposed hereunder must be paid to the Association within thirty (30) days of the date of the imposition of said fine.
If the same is not paid within that thirty (30) day period, the amount of the fine plus any and all cost shall be added to the property owner's dues and assessments account and shall be collected under the same terms, conditions and fashions as dues and assessments are collected by the Association, with all of the remedies in the Association as are provided for under the COVENANTS, CONDITIONS, AND RESTRICTIONS AND BY-LAWS of the Association.
As provided for herein, continued violation of the rules and regulations described herein shall be considered a separate and distinct violation on each subsequent day and/or occurrence.
Each successive violation of each particular section of the aforesaid Rules and Regulations (i.e. Burning, Traffic, Etc.) occurring within a twelve month period will result in a fine of the next higher class being imposed on the Property Owner. If the Property Owner remains violation free for a period of twelve consecutive months, the record will be cleared and the Property Owner will begin again at the lowest class fine or warning.
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