Article I.                    Installation of fences

Section 1.01 All fencing must be approved by the HOA board.

Section 1.02 All fencing must adhere to Newtown Township Codes, including required architectural forms and approvals.

Section 1.03 Fencing must be placed no further forward on a lot than the rear of the house.

Section 1.04 Fence posts must be placed on the inside of the fence.

Section 1.05 The decorative side of the fence must face the outside of the property.

Article II.                  Above ground pools

Section 2.01  No permanent above ground pools are permitted.

Section 2.02 Pool Fencing

(a) All pools must be fully surrounded by fencing. Integrated pool fences do not comply with this regulation.

(b) Pool fences must adhere to Newtown Township eCode 360 sections 135-13 & 135-14 (see below)

(i) 135 -13 Existing Pools – With respect to existing permanent swimming pools, if such pools meet the requirements of public safety as hereinbefore stated and further meet the standards of this chapter as to fencing, nonconforming use of such existing pools is permissible only after the owner or user thereof obtains a certificate of conformity, which shall be issued after inspection and approval, based on reasonable standards, by the Building Officer or by the Zoning Hearing Board upon appeal.

(ii)  135 -14 Fencing of Pools – Permanent swimming pools as may be acceptable, at the discretion of the Building Inspector, to carry out the intent of this chapter.  No fence shall be higher than five feet, unless higher fences are authorized as a special exception by the Zoning Hearing Board.  Existing fences are exempt only insofar as they exceed maximum height requirements. The evaluation of existing fencing shall be a specific factor to be considered in the issuance of a certificate of conformity to S 135-13.

Article III.                Architectural changes

Section 3.01  HOA Requirements

(a) Request Process

(i) Requests must be sent to the management office in writing and must include homeowner’s name, phone number, and a sketch detailing the proposed change in relation to the existing house.

(ii) The homeowner will receive a written approval or denial response from the association, including any applicable special instructions.

(iii) All requests will be thoroughly reviewed, and no reasonable request will be denied.

(iv) If approved, an Architectural Change form must be submitted. Forms may be obtained from the management office.

(b) HOA Architectural Change Form Requirements

(i) Prior to the beginning of construction, a form must be submitted to the management office for any architectural change to the exterior of the house or property.

(ii) Failure to submit a form prior to the beginning of construction will result in a $100 fine.

(iii) Once a fine has been incurred all work must cease until an approval form has been submitted and approved.

Section 3.02 Newtown Township Requirements

(i) All changes or improvements require township approval, and some require permits.  Please check with the township.

(ii)  HOA approval is required prior to township approval.

(iii) Note that any changes which would affect drainage swales require a drainage/water study by a certified engineer.

Article IV.                Storm Doors

Section 4.01  All storm doors, regardless of location, must be of the “Full View” style except that the screen door insert may have a horizontal bar. Horizontal bars must not exceed three inches in height at the middle to provide additional support for the screen.

Section 4.02 The maximum height of the lower kick plate must not exceed fourteen inches.

Article V.                  Signage

Section 5.01 A single sign advertising the home “For Sale” may be placed on the lawn and may not be illuminated.

Section 5.02 No other signage, including political signage, is permitted anywhere on the owner’s property.

Section 5.03 Birthday, graduation, or other signs of a celebratory nature are permitted for a maximum of 5 days.

Article VI.                Satellite Dishes

Section 6.01 Satellite dishes are permitted but must be limited to a diameter of one meter and installed in the best location and manner to be unobtrusive without interfering with operation.

Article VII.              General Property Restrictions

Section 7.01 Each single-family home shall be used for residential purposes only.

Section 7.02 While remote workers are permitted, no business, industry, trade, or commercial enterprise of any kind shall be commenced, erected, maintained or conducted out of any single-family home.

Section 7.03 No commercial equipment of any kind (lawn, construction, or other) may be stored on any single-family home lot.

Section 7.04  No unlicensed motor vehicle of any kind shall be permitted to remain overnight on any single-family home lot.

Section 7.05  All commercial dumpsters or trash receptacles needed for home improvements must be stored in the home’s driveway and are only permitted for the duration of the improvement work, not to exceed 30 days, unless approved by the board.

Article VIII.           Garbage and Trash Disposal

Section 8.01 No trash shall be deposited or stored on any portion of the property, including any lot, street, sidewalk or driveway with the exception of placing it at the curb for collection.

Section 8.02 No trash or recycling shall be placed at the curb for pickup earlier than dusk on the night before trash pickup.

Section 8.03 All trash (garbage, refuse, rubbish and cuttings) shall be bagged, unless placed in an appropriate container. Cuttings may alternately be securely tied in 3ft long bundles.

Section 8.04          

Containers so authorized or provided shall not be placed in full view except when necessary for collection and shall be regularly kept in a location obstructed from view.

Article IX.                Abandoned Vehicles

Section 9.01 Definition

(a)  An abandoned vehicle is any vehicle that does not have a current registration, or current license plate, and is in a non-operative condition, or has not been moved from the street for 10 days (per Newtown Township Laws).

Section 9.02 HOA Policy

(a) The owner of an abandoned vehicle will be identified by Management through the Pennsylvania Vehicle Registration Files.

(b) The Board will send the vehicle’s last registered owner a certified letter stating that he/she has five calendar days from the date of the letter to remove the vehicle from the street. If the vehicle is not removed it will be towed at the owner’s expense.

(c) Each abandoned vehicle shall be posted with a sticker indicating that the vehicle will be towed if not moved within five calendar days.

(d) If the vehicle is not moved at the end of the five-day period, it will be towed from the street at the owner’s expense.

(e) All costs and expenses (including attorney’s fees) incurred in connection with the removal and storage of an abandoned vehicle shall be the responsibility of the owner and shall be a lien against the vehicle and owner.

(f) In addition to the remedies available to the Board for violations of this rule, the Board may seek all available legal remedy against any homeowner or vehicle owner who violates this rule, as may be authorized by prevailing law.

Article X.                  Solar Panels

Section 10.01 Definition

(a)  All solar energy devices including solar panels and their associated components (collectively referred to in this Rule as “devices” or systems” or “equipment”) which due to installation and use may become visible from neighboring property above the fence line or other privacy barriers that may exist between neighboring yards and homes.

Section 10.02 Approval of Installations (refer to section 3.01)

(a) Detailed plans for installation and placement of any solar panel/energy device must be submitted to the Architectural Committee for review and receive written approval from the association prior to such installation.

(b) An illustrated brochure along with the actual photographs of an installation of the proposed system, which depicts the materials to be used, and drawings showing the location and number of collectors, the attachment to the roof structure, and the location of exterior system components, shall be submitted with the Architectural Request.

(c) A Bucks County/Newtown Township Permit may be required for the installation of such device and ancillary equipment.  The Association requires the Owner use an installer which is a licensed solar equipment contractor with the appropriate contractor’s license.  Owner is entirely and solely responsible for knowing what permits may be required and obtaining any such permits before installation begins.

(d) Homeowners are urged to check with their home builder or insurance company prior to installation of devices for how such installation may impact their roof warranty or other aspects of their structure.  Neither the Architectural Committee nor the HOA board of directors is liable to the property owners from roof damage or for the effects to roof warranties. The Association’s approval for installation of any such device(s) or system is not a representation that the system chosen by an Owner is safe to use or is compatible with Owner’s roof, and Owner assumes and bears all risks regarding installation and use of such system.

Section 10.03 Types

(a) Only commercially or professionally made devices are allowed.  “Homemade” devices will not be permitted due to the safety and aesthetics aspects of such devices.

(b) Ground-mounted solar panels are NOT permitted.

(c) Roof-mounted solar panels are permitted so long as their installed location will not be seen from the street fronting the house.  The Association realizes that for any houses located on corner lots where the back of the house or roof is visible from a side street, that installation of such devices on the back-side roof may still be visible from the street abutting the side of the Owner’s lot, and installation on the back roof side of the house under these circumstances will not be considered a violation of these Rules.

Section 10.04 Location/Placement

(a) Roof-mounted systems must be installed so that the panels are flush-mounted and centered on the back side of house.  The front slope of the roof of the house or garage may not be used.

(b) Solar panels should be an integrated part of the roof design and mounted directly to the roof deck or if mounted on or over the existing roof tile, should be flush with the slope of the roof.  Solar units must not break the roof ridgeline.

(c) Solar panels should be positioned as low as possible on the roof extending wider rather than higher on the roof plane.  The solar panels, piping or any exposed part of the installation may not be higher than the roof peak.

Section 10.05  Construction/Finish

(a) All roof mounted equipment, (excluding the face of the solar panels), must match the color of the roof material.  Exposed surfaces such as any frame or supports for panels but excluding the exposed collector panel face itself must be painted to match, or the color of the materials used must match the surface on which it is mounted.

(b) All exterior plumbing lines shall be painted to match, or the color of the materials used must match the color of adjacent roof material and walls.  Aluminum trim, if used and visible, should be anodized or otherwise color treated to blend into the surroundings as much as possible.

Section 10.06 Maintenance

(a) Homeowners will ensure that all surfaces of such devices or equipment, whether painted or colored materials, are properly and timely maintained to prevent peeling and cracking of paint or loss of coloration or other deterioration to the point where the equipment becomes unsightly and/or incompatible with the aesthetic standards of the community.

Section 10.07 Infractions

(a) Once a violation has been reported and confirmed, the violating homeowner shall be notified in writing and if not corrected in a timely manner, fines may be imposed and assessed.

(b) At the Board’s discretion, legal action may be taken against the violating homeowner at any point once a violation has been confirmed.  Fines will continue to be imposed and accrue while the legal action is in process if the homeowner remains in violation of this Rule or any other provisions of the Association’s governing documents.

(c) The opportunity to appeal the Board’s decision is available under the Association’s Rules and Regulations Violations Notifications and fine Policy V. Appeal Procedure.

Section 10.08 Rule Enforceability

(a)  If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of this rule.