BRIER CREST WOODS

PROPERTY OWNERS ASSOCIATION

RULES AND REGULATIONS

HC1, BOX 500

Blakeslee, PA 18610
Phone: 570-646-8802
Fax: 570-646-5772
E-mail: office@briercrestwoods.com
Web Site: www.briercrestwoods.com
NOTE:
Items that have been deleted within the most recent revisions are in red and lined thru.
Items that have been revised or are new within the most recent revisions are in blue.

Example
Example

ISSUES AND REVISIONS:

Revised August 2005
Revised January 2006
Revised March 2006
Revised May 2006
Revised February 2007
Revised May 2007
Revised August 2007
General Revision December 2007
Revised September 2008
Revised November 2008

Revised May 2009

Revised July 2009
Revised September 2009
Revised September 2010

EFFECTIVE DATE: January 1, 2011

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TABLE OF CONTENTS
TABLE OF CONTENTS........................................................................................................................ 2
ARTICLE 1 - PURPOSE and DEFINITIONS......................................................................................... 4
1.1. Brier Crest Woods Property Owners Association (BCWPOA) .............................................. 4
1.2. Rules and Regulations.............................................................................................................. 4
ARTICLE 2 - GENERAL RULES and REGULATIONS...................................................................... 5
ARTICLE 3 - IDENTIFICATION............................................................................................................ 7
3.1. PERSONAL (Badges) ............................................................................................................. 7
3.2. VEHICLES (Stickers) ............................................................................................................. 7
ARTICLE 4 - COMMON AREAS............................................................................................................ 8
4.1. LAKE....................................................................................................................................... 8
4.2. BEACH AREA........................................................................................................................ 8
4.3. FISHING.................................................................................................................................. 9
4.4. BOATS..................................................................................................................................... 9
4.5. PLAYGROUND...................................................................................................................... 9
4.6. COMMUNITY BUILDING AND PAVILION....................................................................... 9
4.7. TENNIS COURTS................................................................................................................. 11
4.8. TRASH and RECYCLING.................................................................................................... 12
ARTICLE 5 - VEHICLES........................................................................................................................ 12
5.1. BICYCLES............................................................................................................................. 12
5.2. RECREATIONAL VEHICLES............................................................................................. 13
5.3. ALL TERRAIN VEHICLES (ATV) ..................................................................................... 13
5.4. SNOWMOBILES................................................................................................................... 14
5.5. GOLF CARTS........................................................................................................................ 14
5.6. DIRT BIKES AND OTHER 2-WHEELED, MOTORIZED VEHICLES............................. 14
5.7. AUTOMOBILES, MOTORCYCLES and TRUCKS............................................................ 15
ARTICLE 6 ENVIRONMENTAL and ESTHETIC.......................................................................... 15
6.1. GENERAL.............................................................................................................................. 15
6.2. SIGNS..................................................................................................................................... 16
6.3. LITTERING............................................................................................................................ 16
A. STREETS...................................................................................................................... 16
B. OWNERS PROPERTY............................................................................................... 16
6.4. PETS....................................................................................................................................... 17
6.5. NOISE..................................................................................................................................... 17
6.6. FIREARMS AND HUNTING............................................................................................... 17
6.7. FIREWORKS......................................................................................................................... 18
ARTICLE 7 CONSTRUCTION........................................................................................................... 18
7.1. NEW CONSTRUCTION....................................................................................................... 18
A. GENERAL REQUIREMENTS...................................................................................18
B. PLANS and DOCUMENTS ....................................................................................... 19
C. PERMITS.................................................................................................................... 20
D. SETBACKS ................................................................................................................ 20
E. EASEMENTS..............................................................................................................20
F. WELL and SEPTIC..................................................................................................... 20
G. BLASTING ................................................................................................................ 21
H. ENVIRONMENTAL.................................................................................................. 21
I. TRUCK RESTRICTIONS.......................................................................................... 22
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TABLE OF CONTENTS (continued)

7.2. EXISTING CONSTRUCTION.............................................................................................. 22

A. PERMITS .................................................................................................................. 22
B. ENVIRONMENTAL ................................................................................................ 22
ARTICLE 8 - CITATIONS and FINES................................................................................................. 23
A. GENERAL.................................................................................................................. 23
B. ISSUING..................................................................................................................... 23
C. APPEALING............................................................................................................... 24
D. FINES.......................................................................................................................... 25
TABLE 1 - OFFENSES and FINES........................................................................................................ 26
INDEX........................................................................................................................................................ 27
APPENDIX A - AFFIDAVIT OF INTENT TO BUILD........................................................................ 28
APPENDIX B - AGREEMENT TO ABIDE BY RULES AND
REGULATIONS FOR CONSTRUCTION................................................................................ 29
APPENDIX C - PROTOCOL FOR APPEALS HEARINGS................................................................ 30

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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 become 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.
1.2. Rules and Regulations
A. The following Rules and Regulations are the result of recommendations made by
various committees 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.
E. 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.com. 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.
F. We hope you enjoy the Poconos and the amenities we have in Brier Crest Woods.

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ARTICLE 2 - GENERAL RULES and REGULATIONS

1. 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.
2. 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.
3. The Association will use whatever reasonable means necessary to insure that members,
guests/visitors and renters/tenants comply with the Rules and Regulations.
4. Only members in good standing, including their guests (tenants) are permitted to use the
facilities of BCW. A Member in good standing is defined as one who is current on all dues
and has no outstanding fines owed to the BCWPOA.
5. Members are responsible for their own actions and the actions of their guests (tenants).
6. Any one defacing or destroying anything on the common property, or on private property
in BCW will be prosecuted.
7. No one under the age of 21 is permitted to consume alcoholic (or malt) beverages
anywhere on the BCW beach or common property.
8. All Deed Restrictions and Reservations on record deeds are deemed to be part of the
Rules and Regulations.
9. Camping is not permitted on any property or common grounds within the development.
10. 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.
11. Unauthorized solicitations are prohibited.
12. No skateboarding is permitted on Brier Crest Woods roads or common areas.
13. No trespassing on privately owned property unless written permission is possessed.
14. 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.
15. 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.)
16. 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.

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17. Effective January 1, 2009 any renting or leasing of a homeowners property must be
registered with the BCW office and is subject to the following fees and terms:
Fee Structure for Renters:
1. Weekend (up to 4 days/3 nights)
2. Weekly (Up to 8 days/7 nights)
3. Up to 1 month
4. Seasonal (over 1 month)
5. Yearly (Must be registered with office)

$ 25.00
$ 50.00
$100.00
$100.00/month
No Charge

Fines for failure register renters:

$250.00
$500.00

1st Offense
2nd Offense

Rental Forms are available from the BCW Office or on the website at
www.briercrestwoods.com/downloads.htm

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 be placed in not-in-good
standing status and thus forfeit their rights to use our amenities.

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ARTICLE 3 - IDENTIFICATION
3.1. PERSONAL (Badges)
A. Brier Crest Woods Badges (6/property) will be given to all property owners in good
standing, and will be distributed prior to the summer season. A member in good
standing is one who has paid their yearly dues and also has no outstanding fines
levied against their property. AT NO TIME should a property owner, in good
standing, allow another property owner, who is not in good standing, 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. All Brier Crest Woods Badges must be signed for.
C. BCW Badges and/or personal identification must be presented upon request to
Security or any authorized personnel.
D. Brier Crest Woods Badges must be worn when using Brier Crest Woods amenities
(beach area, tennis courts, fishing, etc.).
E. Additional Brier Crest Woods Badges may be purchased at the BCW office for
$5.00/badge or 6 for $25.00.
F. PENALTIES FOR VIOLATION OF THIS SECTION
1. Any person not wearing a badge will be asked to leave the amenity.
G. 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 (Stickers) (Not to include golf carts, ATVs, 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.
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.

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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 16 and under. Inflatable
life vests (jackets) are not acceptable. An emergency whistle must also be on board
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, 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.
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 lifeguards view and mobility.
M. Diving from the dock or swimming beyond the perimeter ropes and off of boats is
strictly prohibited.
N. Ball playing shall be limited to the playground area located at the beach.
O. 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.
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P. Skateboarding is not permitted in the beach area. (See Article 2, No. 12)
Q. No one will be permitted on the beach or pavilion area from 12:00 a.m. until
6:00 a.m.
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 participants 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 owners 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 Commissions Rules and
Regulations as outlined in their Boating Handbook.
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.
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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, 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 18.
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.
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:
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.

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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.
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.
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4.8. TRASH and RECYCLING
A. Leaving refuse in plastic bags at curbside is prohibited. If maintenance personnel
are sent to clean it up, the owner will be charged a fee of $50.00.
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., across from
the mailbox area. Household trash or garbage may be deposited in them. Owners
should make every effort to separate recyclables such as plastic, glass and
aluminum and deposit them in the appropriate dumpster. Please Note: The hours of
operation posted for our dumpsters. These 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 of $100.00. In addition, the Association
reserves the right to file civil charges.
E. 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.
F. 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, sub-contractor or supplier while they are performing services or
delivering goods to the property of the property owner.
G. Large items, such as furniture, refrigerators, washers, dryers, water heaters, etc, are
not permitted in the trash containers. Proper removal is the responsibility of the
property owner.
H. Proper removal of construction debris is the responsibility of the property owner.
(No construction debris is to be placed in the dumpsters).
I. All property owners, guests and renters/tenants are required to adhere to existing
recycling requirements.
J. 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 stop signs.
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.

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H. Riding after dark without lights is prohibited.

I. In accordance with Pennsylvania State Law all children 12 and under are required
to wear a helmet.
5.2. RECREATIONAL 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.
B. All recreational vehicles must be registered annually by a property owner at the
Association office.
C. Owners will also list all usual operators of the recreational vehicles.
D. All recreational vehicles must display a current BCW registration sticker with an
identification number.
E. Speed limits are as posted throughout the community.
F. All recreational vehicles must be in good operating condition, including proper
muffler baffles.
G. Security Officers are authorized to stop all violators and enforce the Rules and
Regulations. Headlights and taillights shall be turned on while operating all
recreational vehicles.
H. Operators of recreational vehicles shall obey the Pennsylvania Motor Vehicle
Rules and Regulations while operating said vehicle including all traffic signs and
stop signs.
I. Operators will ride their vehicles only on established BCW roads as designated by
the Board of Directors.
J. Driving on the beach, common areas, and drainage swales is prohibited.
K. Renters and guests are also required to register their recreational vehicles and must
comply with all other Rules and Regulations.
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.
N. 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.
5.3. ALL TERRAIN VEHICLES (ATV)
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 DCNRs
Title 17, PA. Code Chapter 51 will be observed in Brier Crest Woods.
B. ATVs 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. The minimum age for operators shall be sixteen (16) years of age except as
noted below.
D. 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. For
information on a safety instructor near you contact DCNRs Bureau of Forestry at
(717) 783-7941
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E. Operators aged eight (8) through nine (9) years of age are restricted to an engine
size of 70cc or less.
F. Operators under the age of sixteen (16) years of age shall be accompanied by an
adult aged eighteen (18) or older who is within easy hearing range.
G. Securely fastened safety helmets must be worn at all times by all operators.
H. 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).
5.4. SNOWMOBILES
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 DCNRs
Title 17, PA. Code Chapter 51 will be observed in Brier Crest Woods.
B. The minimum age for operators shall be sixteen (16) years of age except as
noted below.
C. Operators aged ten (10) years through fifteen (15) years of age may be permitted to
operate an ATV only if they have obtained an ATV safety training certificate. For
information on a safety instructor near you contact DCNRs Bureau of Forestry
at (717) 783-7941.
D. Operators under the age of sixteen (16) years of age shall be accompanied by an
adult aged eighteen (18) or older who is within easy hearing range.
E. Securely fastened safety helmets must be worn at all times by all operators.
F. 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).
5.5. GOLF 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 dark unless the golf cart is equipped
and operated with headlights and taillights.
D. All passengers must be seated directly on a permanent seat at all times.
5.6. DIRT BIKES AND OTHER TWO WHEELED, MOTORIZED VEHICLES
A. The minimum age for operators shall be sixteen (16) years of age except as
noted below.
B. Operators aged eight (8) years through fifteen (15) years of age may be permitted to
operate these vehicles only if they have obtained an ATV safety training certificate.
For information on a safety instructor near you contact DCNRs Bureau of Forestry
at (717) 783-7941.
C. Securely fastened safety helmets must be worn at all times by all operators.
D. 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).

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5.7. AUTOMOBILES, MOTORCYCLES and TRUCKS

A. Pennsylvania Motor Vehicle laws apply.
B. All motor vehicle operators must be insured and licensed, were applicable.
C. Construction vehicles are restricted. Please refer to Article 7 (7.1 Sec. I).
D. The speed limit is 25 miles per hour unless otherwise posted.
E. PARKING:
1. Unauthorized parking in a designated handicapped parking area will result
in a $100.00 fine, plus $10.00 costs.
2. No tractor-trailers may park overnight anywhere in the development.
3. Tractors must be parked forty (40) feet off the roadway.
4. All construction vehicles must be removed from BCW on weekends and
holidays unless they are kept on the property upon which they are working.
Street storage of such vehicles is prohibited at all times
5. All parking violations subject to towing are at the owners expense.
6. 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
7. 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
owners expense. Overflow parking because of a temporary event such as a
party is permitted providing that the office and/or security is notified.
8. It shall be illegal to park in a prohibited area including intersection or right
of way, private property, etc.

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 property owners 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 outdoor fires of any kind shall be permitted in the community except for fire
contained in the fire pit at the beach. Please refer to Article 4 (4.2 Sec. O).
C. No burning of refuse, trash, rubbish, leaves, twigs, and the like are allowed in
Brier Crest Woods.

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D. Each owner shall maintain drainage ditches and swales at the street line in good
condition so as to insure uninterrupted flow of water.
E. Ref Article 7 (7.1, H1) 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 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.
F. 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.
6.2. SIGNS
A. Lot signs that include lot number, block number and section are required on all
properties and must be visible from the street.
B. Lot signs can be no larger than 18 inches x 18 inches.
C. Commercial sign are not permitted in the development. See Article 7 (7.1/A5)
D. No signs (with the exception of security warnings) including commercial signs,
For Sale signs, realtors signs, or any other shall be erected on any residential lot,
with the exception that realtors signs may be placed inside the window of a home.
E. No signs expected to be in place for ninety (90) days or more may be erected on
roadways or other common property without approval of the Board of Directors.
6.3. LITTERING
A. STREETS
1. Littering is prohibited and is punishable by fine.
B. OWNERS 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. 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.

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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.
The aforementioned fines will be $50.00 plus costs for the initial fine.
Should this situation continue to go unresolved, a second notice will be sent
out and additional fines will begin to accumulate at a rate of $25.00/day for
each subsequent day this situation is not resolved. Said property owner will
receive copies of each fine as they are instituted.
6.4. PETS
A. Only household pets are permitted.
B. All pets must be confined to the owners 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 six (6) 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 or cats picked up by security will be turned over to the Monroe
County Dog warden and the owner will 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. 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.
6.5. NOISE
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 (6.4/H)
6.6. FIREARMS AND HUNTING
A. Hunting or the discharge of any firearm within the boundaries of Brier Crest Woods
is prohibited.
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B. Carrying a loaded firearm within the confines of the Brier Crest Woods Community
is strictly prohibited unless authorized by the Commonwealth of Pennsylvania. Any
person in possession of any firearms must be in compliance with the Laws of the
Commonwealth of Pennsylvania.
6.7. FIREWORKS
A. No personal fireworks of any type are permitted in Brier Crest Woods at any time.
Any individual caught in the act of setting off fireworks will be subject to the
maximum fine allowed as outlined in Table 1.
B. Only fireworks that are presented by a licensed authority, who also carries the
state-mandated minimum insurance coverage, may be set off within the boundaries
of Brier Crest Woods.

ARTICLE 7 CONSTRUCTION
Violation of these sections may result in the issuance of a Stop Work order, fine, or both. The
maximum fine for first offense will be $500 and $1,000 for the second offense and so on. 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 home 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. NEW CONSTRUCTION
A. GENERAL REQUIREMENTS
1. 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.
2. 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.
3. All chimneys must be equipped with an effective spark control device.
4. All roofs must be constructed with fire resistant materials.
5. No signs shall be erected at building sites.
6. For new home construction, all contractors will have at least one portable
toilet and one dumpster on site no later than the date on which foundation
work begins.

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7. In order to further enhance the woodland nature and beauty of Brier Crest
Woods, no fencing shall be permitted, with the exception of a split rail fence
or a picket fence of natural materials, not to exceed three rails or four foot in
height, whichever is greater. Only clear wood preservative or natural
colored stain may be applied. No painting of rails or pickets will be
permitted. No chain link or metal fences of any type will be permitted in the
front of the property. All fences must be within the appropriate setbacks. A
tree or shrubbery fence is permitted irrespective of height.
B. PLANS and DOCUMENTS
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 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).
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 F in this article 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 Perc (percolation) test
(improper procedure may cause a No Build Lot)

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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!
C. PERMITS
1. For a BCW permit to be approved, the member must be in good standing.
(All dues, citations, and assessment paid.)
2. All required permits must be obtained before work is begun.
3. BCW permits are valid for one year from date of issue.
4. All property owners must apply for permits from Brier Crest Woods
Property Owners Association, as well as from Tunkhannock Township
Zoning Office.
D. SETBACKS
1. Minimum Building Setbacks, (Parcels under 1 acre, to include houses,
garages, sheds, etc.)
a. Front Setback 40 feet
b. Rear Setback 30 feet
c. Side Yard 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
E. EASEMENTS
1. Corner Lots An easement on corner lots within a triangle the legs of which
measure 30 (thirty) feet along the right of way line of each street from the
point of intersection of 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.
2. All lots shall be subject to a utility and drainage easement over the ten (10)
feet adjacent to all streets and side property line and the five (5) feet
adjacent to the rear property lines
F. WELL and SEPTIC
1. No installation shall be started before approval first from the proper
authorities.

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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. 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.
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.
G. 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.
H. ENVIRONMENTAL
1. No building contractor or property owner shall remove more than 80% of
the trees on a lot of less than acre, or no more than 70% of the trees on a
lot of acre to 1 acre in size at the time of construction or thereafter
without written authorization to include an acceptable replacement plan. No
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:
a. A STOP WORK order will be placed on the site.
b. A fine in the amount of $500.00
c. 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.
NOTE: A violation of this rule will also be reported to Tunkhannock
Township as it may also be in violation of Ordinance 2009-112.
2. For new home construction, all contractors will have at least one portable
toilet and one dumpster on site no later than the date on which foundation
work begins unless they can prove to the satisfaction of the BCW Office
that the material disposal is being handled in some other satisfactory means
not to include the BCW garbage compactor. The site must be maintained
trash and debris free at all time.

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I. TRUCK RESTRICTIONS
1. Construction vehicles over twenty (20) tons are not permitted in the Brier
Crest Woods community from February 15th to April 15th. Dates are
subject to change due to weather conditions. Notice will be posted on the
website www.briercrestwoods.com, on the bulletin board at the main
entrance, and on the bulletin board in the mailbox area.
2. Oversized Vehicles requiring an escort must schedule delivery in BCW with
the office and requires a BCW Security escort within the community.
3. Any construction equipment parked on the street at or near construction
sites overnight must have marking cones placed in front and behind for the
safety of the residents and notification must be given to the BCW office
and/or security.

7.2. EXISTING CONSTRUCTION

A. PERMITS
1. All construction, major repair and/or addition of out buildings require a
BCW Permit. Some will have applicable fees and others will not. All
applicants must first obtain a permit for work from the township and
show such permit when applying for BCW Permit.
B. ENVIRONMENTAL
1. For renovations or other work to existing homes, the contractor or
homeowner will have a dumpster on site prior to the beginning of
construction unless they can prove to the satisfaction of the BCW Office
that the material disposal is being handled in some other satisfactory means
not to include the BCW garbage compactor. NOTE: for deck renovations,
treated lumber may not be placed in the burn pit.
2. In order to further enhance the woodland nature and beauty of Brier Crest
Woods, no fencing shall be permitted, with the exception of a split rail fence
or a picket fence of natural materials that are intended for ornamental
purposes only. No chain link or metal fences of any type will be permitted.
Front and side yard fences shall not exceed five feet in height. Picket fences
must have pickets no wider than three (3) inches with a minimum of two
and one half (2-1/2) inches between pickets. Rear yard fences may be a
maximum of six feet in height. Only clear wood preservative or natural
colored stain may be applied. No painting of rails or pickets will be
permitted. All fences must be within the appropriate setbacks. A tree or
shrubbery fence is permitted irrespective of height.
3. Ref Article 7 (7.1,H1) 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 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.

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4. Dog pens will be permitted in the rear yard only, to be placed behind the
house whereby having the least visibility from the road. The size of the dog
pen may not exceed one hundred square feet and may not exceed six foot in
height. Said dog pen may be constructed of natural materials such as picket
fencing to be finished with a clear wood preservative or natural stain. No
painting of the pen will be permitted. A pre-manufactured dog pen
constructed of chain link fencing will be permitted, as long as it is housed in
a picket fence made of natural materials, both of which may not exceed six
foot in height and forty square feet. A permit will be required for the
placement or erection of any dog pen. Accompanying the permit application
shall be a plot plan indicating size, placement and setbacks.
5. Any driveway work which moves the location or changes the surface of said
driveway requires a new assessment by BCW of swale drainage which may
include requiring a swale pipe as noted in Article 7 (7.1/B2h) for new
construction.

ARTICLE 8 - CITATIONS and FINES

A. GENERAL
1. 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.
2. The Association, within its discretion, may assess or levy a fine of $25.00,
$50.00 or $100.00 for any violation not otherwise stipulated by these Rules
and Regulations. The Association may assess or levy an additional fine of
$100.00 for any failure to abate such violation.
3. For violation of all other Rules & Regulations not specified, the fine shall be
$50.00 plus $10.00 costs plus a 1% per month finance charge.
4. For the first offense within a one year period, the security officer may, at his
or her discretion, issue a verbal or written warning in lieu of a citation. A
subsequent violation of this same rule or regulation that falls within a
one-year period shall be considered a second offense. No warnings may be
issued for the second or subsequent offenses.
B. ISSUING
1. The original copy of the citation or written warning will be filed in the
BCW office. The accused will receive a carbon copy. If the accused is not
the property owner, then the 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 owners loss of good-standing status.
Please refer to Article 2 (Number 4).

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2. 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.
3. All citations shall be in writing and shall identify and specify the following:
a. the name of the accused.
b. the residence of the property.
c. the date and time of the infraction.
d. the offense which is being cited.
e. the amount of the fine.
C. APPEALING
1. Within fifteen (15) days of receipt of the citation you may either:
a. forward payment to the BCWPOA in the amount indicated on the
citation.
b. 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.
2. If an appeal is filed, 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
timeframe 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.
3. With reference to The Bylaws of the Brier Crest Woods Property
Association, Article 3, Section 5A Disciplinary Procedures, the
Board of Directors hereby delegates and assigns certain authorities to the
Appeals Committee for complaints (citations) issued by security officers.
a. The Board waives the review of findings and recommendations of the
Committee as outlined in subparagraph (4) 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 committees 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.
4. After review of the citation, the Committee is authorized to:
a. Uphold the citation and fine in its entirety.
b. Uphold the fine in a citation but dismiss other added penalties such
as cleanup costs if they feel they are excessive or not applicable.

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c. 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.
Fines may not be reduced or increased unless they were incorrectly calculated
per the table of fines in the Rules and Regulations.
The Committee may recommend installment payments for fines in cases of
hardship, but in no case shall the period be more than 90 days.
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
administer and supervise it and the parent or guardian of the defendant agrees.
One hour of work shall equate to $10.00. No work will involve the use of
machinery or otherwise put the juvenile in an environment that might be
deemed hazardous.
The Committee will issue a written report to the Board prior to the next
scheduled meeting of the Board, giving the outcome of all citations heard.
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. Any fines that
have not been paid after 30 days shall be listed in the Committees report to the
Board.
D. FINES
1. 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 ones property .
2. For a list of offenses and fines, see TABLE 1
3. Fines for violation of specific rules and regulations are in addition to the
general fines noted in TABLE 1.
4. Some violations may result in additional fines or punishment from state,
county, or municipal authorities.

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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

Building Violations
$500.00
Burning, Outdoor
$100.00
Chimney Cap missing
$100.00
Dumping of construction debris
$500.00
by a Contractor
Dumping of construction debris
$500.00
by a Property Owner
Dumping of large items
$100.00
False Alarms
$25.00
Handicapped parking violation
$100.00
Littering
$100.00
Misuse of Amenities
$50.00
Non-Compliance with BCWPOA $50.00 $500.00
Rules & Regulations
Nuisance, General
$50.00
Pet (Animal) violation
$50.00
Reckless Driving
$100.00
Sign Violations
$100.00
Speeding
$75.00
Traffic Violations, moving
$50.00
Traffic Violations, parking
$25.00
Trash on Property
$50.00
Weapons Discharge or Hunting
$300.00
in BCW
Unlawful Use of Fireworks
$250.00

FINE ($) for

SECOND
OFFENSE

COST ($)

$200.00
$200.00
$200.00
$1,000.00

$10.00
$10.00
$10.00
$10.00

$1,000.00

$10.00

$200.00
$50.00
$100.00
$200.00
$100.00
$100.00 - $1,000.00

$10.00
$10.00
$10.00
$10.00
$10.00
$10.00

$100.00
$100.00
$200.00
$200.00
$150.00
$100.00
$50.00
$100.00
$600.00

$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00

$500.00

$10.00

PLEASE NOTE: A late charge of 1% will be added monthly to any unpaid fine.

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INDEX
Alarms, burglar.................................................5
Badges.................................................7,8,9,11
Board of Directors...4,9,11,13,15,16,18,23,24
Boats...............................................................8,9
Burning.......................................................15,26
Cats..........................................................8,17
Citations.........................................5,20,23,24,25
Common Areas..........................................5,8,13
Construction...12,15,16,18,19,20,21,22,23,
26,28,29
Contractors...........................12,18,21,25,26,29
Debris....................................................12,21,26
Dogs.........................................................8,17
Dumpsters..................................................7,12
Fines............................................................6,25
Firearms..................................................5, 17,18
Fires..5,6,7,9,12,16,17,19,23,24,25,26
Fireworks.............................................5,18,26
Fishing.........................................................7,8,9

Garages......................................................18,20
Guests.....................................5,7,8,9,12,13,25
Headlights and taillights...........................13,14
Hearing..........................................13,14,24,30
Lifeguards.................................................5,8,11
Motor vehicles............................................5,16
Parking.....................................................9,15,26
Permits.............................................19,20,21,22
Recreational vehicles.................................13,15
Recycling.........................................................12
Renters............................5,6,7,8,12,13,24,25,26
Setback........................................19,20,21,22,23
Sheds...............................................................20
Skateboarding...........................................5,9,11
Snowmobiles........................................7,13,14
Speed limits................................................13,15
Swimming...................................................8,17
Tractor.............................................................15
Trash...........................................12,15,16,21,26
Trees...............................................16,19,21,22

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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)

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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)

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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.

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