Rules & Regulations/Definitions
Your Board has drafted and approved new rules and regulations. The rules and regulations clarify and supplement existing covenants and are enforceable just like covenants. The following rules text includes Addendum #1 (See red markup) as adopted by the Board on September 8, 2015 and effective January 1, 2016.
A Message from your Board of Directors
The Rules and Regulations for Pioneer Heights Section One Property Owners Association were ratified by the Board of Directors at a regularly scheduled meeting on September 11, 2013 and formally introduced at the Annual Membership Meeting on October 28, 2013. They were developed by the Board and in conjunction with the community; residents were afforded time to comment and have input on the rules, and after a nearly two year process the rules were adopted in accordance with Section 55-513 of the Virginia Code.
These Rules and Regulations are effective and enforceable as of October 28, 2013. Any events or actions having taken place prior to that date will be “grandfathered” into approval – that is to say for example, fences and other structures built prior to the above date not compliant with the now current regulations will be exempt from action under these guidelines. However, if at any time the offending structure requires demolition or reconstruction in an amount exceeding 30% of its total area (measured in square feet) the structure shall be made to be compliant with these regulations.
These rules will be reviewed on an annual basis with changes made as (if) needed. The Board last reviewed and updated these Rules and ARC Guidelines at their September 8, 2015 board meeting to become effective January 1, 2016 following announcement to community members at the 2015 Annual Meeting and posting on the pioneerheightssection1.com website. They are guidelines governing the behavior of all residents within PHS1POA and shall be enforced by the Board of Directors and the Management Firm. It is important for all residents to review and observe these rules to ensure a harmonious relationship with all. Should a violation occur it can be reported to the Management Firm in writing. The Management Firm will then investigate the issue, and if found to be in existence, follow the following course of action as provided in Virginia Code 55-513:
1st Offense: Written notice of violation with reasonable time period to correct.
2nd Offense: $50 fine or $10 per day fine for repeated violations (for a maximum of 90 days).
3rd or Subsequent Offense: Above fine and/or legal action.
Should you have any questions or concerns about these rules, or have concern that there may be a violation you are encouraged to contact the Management Firm.
PHPOA Section 1 Rules and Regulations
Section 1 – Use and Purpose
1.1 –All lots shall be for residential use only. “Commercial storefront” businesses or those with commercial signage, delivery or storage are not allowed. Home business occupancies such as hair dressing, cosmetic sales, tutoring, music lessons and senior or child daycare may be allowed so long as no more than two visiting clientele are in the home at a time.
1.2 – All homes shall be single family residences only; the installation of any additional kitchen or living quarters in the basement or other areas for commercial purpose shall be prohibited.
Section 2 – Building Types/Architectural Review/Construction
2.1 – Any exterior construction shall require approval by the Architectural Review Committee. This includes, but is not limited to: fences, in-ground swimming pools, hot tubs, saunas, decorative water-falls & ponds, sheds, additions, decks, permanently installed fire pits, play houses, or other permanent buildings/structures such as gazebos, pool pavilions and deck covers/shades.
2.2 – All construction/additions/improvements must comply with the ARC policy as well as all Federal, State and local zoning ordinances and building codes.
2.3 – All construction/additions/improvements must include the requesting and issuance of building and zoning permits. The ARC reserves the right to request copies of same prior to approval.
2.4 –Temporary storage devices (PODS, Sea Containers, etc.) shall be permitted for a period for up to 60-days and must be placed on the driveway close to the house. Homeowners must seek advanced written approval from the Board of Directors when pod use is expected to exceed 60-days.
2.5 – No above ground pools may be permitted on any lot. For the purposes of this rule an “Above Ground Pool” is defined by Frederick County as any structure or pool that has a maximum allowable depth of 24” or greater – whether or not the pool has that much water in it or not. Small, portable “kiddy type” pools are permissible provided they not exceed the above size and 10’ in diameter, are not visible from the street and are drained on a weekly basis.
Section 3 – Fences
3.1 – All fences must be approved in advance by the ARC.
3.2 – Any lot owner installing a fence is encouraged to have the lot’s boundaries marked by a licensed Land Surveyor prior to installation
3.3 – No fence shall exceed 72” in height.
3.4 – Fences shall be constructed of wood, composite material, vinyl, metal or other maintenance free material approved in advance and in writing by the Board of Directors and ARC. Wire chain link or wire fencing of any kind shall not be permitted
3.5 – Fence must be constructed so as to not protrude farther forward than the rear side corners of the dwelling. The front of the dwelling shall be that which bears the street address or 911 address as recognized by local government regardless of the entry point of the lot or home
3.6 – Fences shall be kept and maintained in a state of good repair.
Section 4 – Satellite Dishes
4.1 Satellite dishes shall be permitted provided they not exceed one in number and one meter (39 inches) in diameter per desired service.
4.2 – Any such dish shall be located in a manner so as to be shielded from street view wherever possible. Dishes should be mounted on the rear of the home unless otherwise not feasible for reception.
Section 5 – Garbage/Refuse/Debris
5.1 – All garbage must be stored within trash cans with sealable lids in place. Loose, bagged or boxed trash (excluding recyclables or yard waste) is not permitted anywhere on the lot or streets within PHS1POA – this includes in the bed or cargo compartment of vehicles or trailers.
5.2 – Cans should be placed at curb side only in the 24 hour period preceding or following trash pick-up day.
5.3 – No storage or accumulation of trash, recyclables, refuse, debris or other waste (to include construction and yard types) shall be allowed on any lot at any time. For purposes of this regulation “accumulation” shall be defined as the importation of trash origination off site OR any storage, any trash, garbage, rubbish or other waste or debris (regardless of type or origin) that is held for disposal longer than 30 days.
5.4 – No collection, accumulation or storage of waste of any kind (household garbage, debris, recyclables, waste, junk, etc.) originating outside of PHS1POA shall be allowed within PHS1POA.
5.5 – All garbage cans shall be shielded from street view except during trash pick-up period as defined above.
Section 6 – Animals
6.1 – No animal shall be kept or maintained in a manner so as to become a nuisance to others within the community. A dog barking continuously in excess of 10 minutes shall constitute a “nuisance”. Any dog left outside during the hours of 9:00 pm to 6:00 am shall be so maintained as to not bark and create noise that causes a nuisance to others in the community.
6.2 – No resident owner of animals shall permit their animals” to have free roam of the community. All animals must be kept within the confines of the lot to which they belong unless being walked on a leash by their owner or owner’s representative.
6.3 – All animal owners must collect and properly dispose of any and all waste from their animal. Yards of and grounds of property must be so maintained to prevent the accumulation of pet waste; waste must be picked up on regular basis so as to not create a noxious or offensive smell, sight or other impediment to other property owners.
6.4 – The feeding of any stray, wild or feral animals is prohibited (bird feeders shall be permitted). If you see stray or feral animals (dogs, cats, etc.) you are requested to contact Frederick County Animal Control immediately.
6.5 – No livestock, poultry or fowl permitted. Only household pets of the usual manner (dogs, cats, etc.) shall be permitted in compliance with the Deed of Dedication.
Section 7 – Vehicles, Campers/Tents and Parking
7.1 – No RV, camper, trailer or other similar vehicle or structure shall be used for habitational purposes for any period of time on any lot or street within PHS1POA.
7.2 – No RV, camper, trailer or other similar vehicle or structure shall be located on any lot or street within PHS1POA other than for the purpose of preparation for or recovery from a trip. In such event, this may occur for a period of not more than 96 hours. Except that any such vehicle or structure may be located or stored within a garage so as to be not visible from the street with the door closed.
7.3 – No inoperable, uninspected, unlicensed or abandoned vehicles may be parked or stored on any lot or street within PHS1POA unless same is stored within the confines of a garage so as to not be visible from the street with the door closed. For the purposes of this rule, an abandoned vehicle (whether or not under cover or canvas) is one described as having not been moved, driven or ridden for a period of 60 days or one that is parked or stored so as to not be easily driven (on a trailer, dolly, blocked by structure, etc. Exceptions to this rule may be made by the Board of Directors on a case by case basis with written approval.
7.4 – Vehicles must be parked within the garage, on the driveway or in a legal parking spot on the street. The parking of vehicles on the front or side lawns is prohibited.
7.5 – No vehicle with a manufacturer’s rating in excess of 1 ton “shall be parked overnight within PHS1POA unless inside a garage with the door closed.”
7.6 – No commercial vehicles, trucks, tractors or trailers are permitted within PHS1POA. Some examples of commercial vehicles: road tractors, box vans, dump trucks, flat beds, cargo vans, passenger vans with seating capacity in excess of 10 occupants, etc. Commercially tagged consumer vehicles used in business with a rating of less than ¾ ton are permitted provided they not exceed one in number and belong to the resident of the property. Those vehicles listed above that are present for delivery or work/service being done on said lot are permissible while the task is being performed within the same 24 hour period.
7.7 – No trailer of any kind, including but not limited to enclosed trailers, landscape trailers, car trailers, dump trailers, etc. shall be parked on any lot or streets unless being used at the time for service to the home (Example – delivery and application of mulch, etc.). Except that one single axle “landscape trailer” (trailer with sides not higher than 18”) in good condition not exceeding eight feet in width or ten feet in length shall be permitted provided it shall be shielded from street view. Further, any trailer that is stored within enclosed areas such as garage or sheds shall be permissible provided it cannot be seen from street view with the door of same closed’ provided that said door is customarily closed.
Section 8 – Nuisances and Behavior
8.1 – Any fireworks not legal within Virginia are strictly prohibited. The display of legal fireworks shall be permitted only within the rear yard during the month of July and only during the hours of 9:00 am – 10:30 pm. The display of any fireworks within the streets or on common property is prohibited.
8.2 – Any noise or behavior must follow the Frederick County Noise Ordinance.
8.3 – The closure, blocking or barricading any street shall be prohibited without proper permits for an event.
8.4 – The burning of leaves, trash or debris is prohibited at all times.
8.5 – The operation of any non-VDOT licensed ATV, UTV, dirt bike, go-cart or similar item shall be prohibited on any street or lot within PHS1POA.
8.6 – Basketball goals and other athletic equipment shall be removed from street and/or shall not project into the street when not in use.
Section 9 – Home and Lot Upkeep
9.1 – All lots must be kept in an orderly fashion. This includes regular mowing with grass/yard height not to exceed 8 inches at any time. Garden beds should be regularly maintained so as to be generally kept free and clear of weeds.
9.2 – All homes must be maintained in a reasonable order. Damage, whether from a weather event, neglect or unexpected damage should be repaired with a reasonable time period. This includes roofs, exterior coverings, screens, doors and windows.
DEFINITIONS
Antennas: This includes antennas used for the reception of television signals, satellite dish antennas, amateur radio antennas, or other electronic signal receivers.
Architecturally Compatible: To be architecturally compatible means that any addition to an existing structure, or any storage shed added on a lot, shall have the exterior materials, style, finish, and color that matches as close as possible, those same features as they exist on the primary dwelling on the property.
Boats: This includes vessels normally intended for use on a waterway, pond, lake, and/or river, regardless of the type of propulsion it uses, if any.
Campers: This includes vehicles, motorized or towed behind another vehicle, which are used primarily for camping away from home. Also see Recreational Vehicles.
Commercial Signs: Signs which announce the existence of a business, profession, or other business activity by name, location, or direction to the business location. Real Estate signs which are placed on a lot or yard for the specific purpose of advertising the property for sale are not included in this category. Temporary signs such as “Garage Sale” signs and other short-term information signs or political election signs are not included in this category. Any temporary sign is limited in size by 9 square feet.
Day Care: Includes services offered on any Lot where two or more infants or children under the age of 12, other than the Owner or occupant’s own children, are cared for or monitored for compensation.
Debris: Any waste, trash, rubbish, garbage, left over materials, junk or other items resulting from any activity that might be left over or not used/disposed of within immediate fashion; regardless if items are stored or stacked neatly. This includes yard trimmings from lawns. shrubs, and trees: storm-damaged trees and shrubs: construction waste; and all items which are placed in a yard without a specific purpose and which would otherwise be considered as trash.
Detached Buildings: Buildings which are constructed or placed in such a location that there is no structural connection between the building and the resident building on the lot. Examples of a connection would be by roof or by structural foundation (excluding sidewalks). Storage sheds are considered to be detached buildings.
Driveways: This includes any portion of the lot which is used primarily for automobiles to park, and/or traverse from the road servicing their property to the garage designed to house their automobile(s) and are coated with a topical surface of asphalt, concrete or stone.
Fences: Any vertical form of partition along a line or around a portion of a lot which has been erected for the purpose of delineating a yard or enclosing a space.
Garages: A non-inhabitable structure designed primarily to house a motor vehicle as evidenced by a door or doors large enough to allow the entry and exit of a motor vehicle, and an interior space sufficient to completely enclose and protect a motor vehicle.
Intersection of Street Lines: Street lines are those lines which are aligned with the edge of the paved portion of the road and at intersections, are drawn as extensions of the straight portion of the road nearest the intersection. If the intersection includes a curved portion of road, then the street line is a line tangent to the road edge at the intersection.
Nuisance: An act or object that creates an offensive, sight, sound or smell to surrounding properties and can be substantiated. Examples of a nuisance are: burning leaves, dog barking continuously in excess of 10 minutes; noise that violates the County Noise ordinance, odors from pet waste, etc.
Recreational Vehicles: This includes all types of vehicles which are used for various recreational purposes and are often referred to by various terms, including, but not limited to: campers, tent campers, travel trailers, tenting trailers, fifth wheelers, motor homes, motor coaches, conversion vans, boats of all types – with or without transport trailers, all-terrain vehicles, specialty craft, such as airplanes. gliders, lighter-than-air craft, hot-air balloons, and similar special-use vehicles or mechanical apparatus.
Single Family Residence – A residence that is inhabited by one family unit and has only one food service room (kitchen). In-law suites and kitchenettes shall be permissible when used for the care of adult children or family members in medical need. Any home having a portion of it utilized, rented or leased for commercial gain (whether at a profit or not) shall NOT be deemed a Single Family Home.
Tents: This includes any material and/or structure which is erected for the purpose of sheltering those who are inside or under its canopy, whether it be for recreational or ceremonial use.
Trailers: This includes all types of trailers which are designed to be towed behind a motor vehicle for various purposes, but primarily for the purpose of containing and transporting material goods. The trailer may have any number of axles and wheels, and may or may not be covered or otherwise enclosed. This includes commercial trailers usually connected to large trucks, or tractor/trailers. This does not include those trailers defined under the term of Recreational Vehicles.
Trucks: This includes all types of trucks with commercial license plates, signage, or registrations, and/or larger than 3/4 ton cargo capacity.
Weeds: No-intended or non-cultivated plants that are not designated as ornamental or serving usual and customary food purpose. This includes, but is not limited to: clover, dandelions, spurge, crown vetch, chick weed, thistle, crabgrass, and similar flowers, grasses and plants which are non-turf and/or non-ornamental species, whether located in lawn areas or flower/shrub beds.
