PPE Rules & Regulations

RULES AND REGULATIONS
OF THE
PINE PLATEAU ESTATES PROPERTY OWNERS ASSOCIATION

Adopted - June 22, 2013

(rev1 July 14, 2016) (rev 2 October 26, 2016)

1.       CAMPING REGULATION
Lots at PPE are designed for permanent structured residences only. The Board of Trustees however may allow temporary structures for camping under limited circumstances including:

     a. When you are a contractor and are supervising the construction of a permanent residence or performing authorized construction work for a Lot Owner

     b. When family and guests of a CABIN Owner are invited to stay at PPE and there isn’t sufficient room in a permanent residence to accommodate them.

     c. Any temporary living structure may stay on an Owners Lot for a maximum period of 14 days after which they must be removed for a minimum of 7 days before returning to PPE.

     d.  Temporary living structures are not to be used to take the place of a permanent single-family residence. It is against the rules to camp on an otherwise vacant lot that does not have a permanent structure on it or one under construction.

2.       FIREARM AND HUNTING REGULATION
Hunting of any kindor the discharge of a firearm within the boundaries of PPE is strictly prohibited. Utah code 76-10-508 and R657 specifically states that, “a person may not discharge any kind of dangerous weapon or firearm from, upon or across any highway or within 600 feet of a house, dwelling or any other building.

3.       ANIMAL REGULATION
No livestock including but not limited to: horses, cows, pigs, goats, sheep, chickens, ducks, geese shall be permitted within the boundaries of PPE without the prior written authorization of the Board of Trustees. The presence of livestock at PPE can create issues including noise and odor that might impact other members. Members requesting permission to keep livestock within the boundaries of PPE must demonstrate the ability to mitigate these and other nuisance issues.

Dogs outside the Members own property shall be under the dog owners immediate control at all times and in compliance with the Summit County leash laws. Failure to maintain control that results in a complaint by another Member may result in a suspension of any implied off leash permission related to a specific dog.

4.       ARCHITECTURAL REGULATION
To make certain that construction within the boundaries of PPE fits with the overall rural environment the CCR’s contain a provision for an Architectural Control Committee. The Committee is presently comprised of members of the Board of Trustees and all correspondence should be submitted the chairman of the committee for review. Architectural Control pertains only to structuresover 200sq.ft. It is not the intent of the Board to slow or hinder the construction of any residence, out building or fence but rather to be made aware of construction plans before actual construction begins so that compliance to Summit County Ordinances and Building codes can be assured. A simple diagram of your Lot that shows where the structures, fences and wells will be placed is sufficient. A copy of the diagram that is submitted to Summit County and the Board of Health of Summit County will suffice along with a description of the exterior construction materials to be used.

5.       COMMUMITY SECURITY AND GATE REGULATION
All Members of the PPE Owners Association and their guests are responsible for assisting with the security of the community. The fences that surround the community have gates for ingress and egress. The gates are equipped with locks that are designed to limit access to authorized parties only. Keys are issued to all members to allow access through the gates. Locked gates are the principle means of security for the community. It is the responsibility of each Member to make sure that the gates are closed and locked at all times.

From time to time and under certain circumstances keys may be issued to individuals or businesses that are not Members of the Association for the purposes of working in the community, maintaining essential services, inspecting construction and permit compliance etc. Anyone requesting a key that is not a Member will be asked to sign a document acknowledging the PPE Community Security Regulation.

6.       ROAD REGULATION

     a. The speed limit on all PPE roads, easements and rights of way used as roads shall be as posted for all vehicles. The speed limit is 10 mph.

     b. All snow plowing of roads is to be authorized by the Board of Trustees. Snow plowing that is required to access a year round residence will not be unreasonably withheld unless the plowing violates another regulation.

     c. There will be no parking on any road, private right of way or easement in PPE that restricts or blocks access in any way.

     d. The Member shall be held liable for any damage that they or their guests, contractors, builders etc. cause to any road maintained by the Association.

     e. Any driver that chooses to travel on an unplowed road in the winter months and becomes stuck is responsible for any accidents or damage caused by their vehicle blocking the road for other Members.

     f. No individual Member or group of Members may block, obstruct, gate or fence a recorded easement, road or right of way designated on the recorded PPE subdivision plat map or place any signs on the boundary fences and access gates without the prior written consent of the Board of Trustees.

7.       WARNING LETTERS AND FINES REGULATION
The Board of Trustees recognizes that at times it may be difficult to identify violations and enforce Regulations. Therefore the Board will judiciously use Warning Letters to individual Members in an effort to point out rules violations when they occur. Members will have a chance to address the violation(s) and take corrective action as needed before any fines are imposed. The only exception is for a violation of the Fireworks regulation or an Outdoor fire without a permit.

In many cases a guest or family member of the Owner violates a rule or regulation unknowingly.   It is the responsibility of each Owner and Member to make certain that all guests and family members are aware of the Regulations that govern our community. A short, summary of the Regulations will be made available to each Member to post on their lot or in their cabin for all guests to review.

8.       PAYMENT OF ANNUAL ASSESSMENT, LATE FEES AND FINES – MEMBER IN GOOD STANDING
The annual dues assessment is payable within 30 days of the initial notification which will be sent to all members no later than February 15th of each calendar year. Failure to pay the annual assessment on time will result in a late fee of $40 being added to each unpaid lot assessment.

A member in good standing is one who is current on all dues, assessments, fines and levies. A Member who is not in good standing will not be allowed to vote or participate in Association meetings or purchase additional gate keys.

9.       FIREWORKS REGULATION
Fireworks of any kind including sparklers and caps are prohibited at all times within the boundaries of PPE.

10.    OUTDOOR FIRE REGULATION
The PPE Board of Trustees has adopted and supports the State of Utah Department of Natural Resources Division of Forestry, Fire and State Lands and the US Forest Service, “ Living with Fire Guide to the Homeowner” as a minimum fire protection standard.

The Board of Trustees may impose more stringent regulations regarding outside fires than those listed below when the fire danger in the area reaches the point where the Federal and State agencies invoke temporary fire restrictions in those areas under their jurisdiction. This change in the PPE Outdoor Fire regulation will be posted on the gates when required to ensure the safety of the members and the community.

     a. Revised 26 October 2016
     There are NO OPEN FIRES allowed within the boundaries of PPE except under the conditions listed below. Open fires can cause vegetation, tree roots and hanging trees to catch fire and burn threatening property and structures within PPE. OPEN FIRES do not include propane and charcoal fired grills, propane burning freestanding fireplaces however Wood burning, free standing outdoor fireplaces are not allowed.

     b. OUTDOOR FIRES ARE ONLY ALLOWED IF THEY ARE IN AN APPROVED FIRE PIT that meets the State and County guidelines, “Fire pit guidelines at permanently improved places of habitation” found in the Utah Wild land-Urban Interface Code, A104.7.1. A “Permanently improved place of habitation” is defined as a home or cabin ,that is fixed in place and the surrounding area and structure is improved and has a functioning water well and the vegetation has been modified to mitigate fire danger. The guidelines also include:

                i.      Fire pits must have a concrete or metal side that measures at least 18 inches from the bottom of the pit to the top.

               ii.      Fire pits must be at least 18 inches deep into mineral soil absent of toots or any other organic materials and capable of containing fuel wood and coals while shielding the ashes from being blown by the wind.

               iii.      Fire pits must have a concrete, sand or mineral bottom and must be located at least 30 feet from any combustible vegetation or structures both vertically and horizontally.

              iv.      (Revised 26 October 2016) Fire pits must have a vegetation free and combustible materials free zone around the pit that is a minimum of 30 feet in diameter from the center of the pit. No structure can be located within 15 feet of the center of the pit. There must be at least a 30-foot vertical clearance above the fire pit that is free from overhanging trees or tree limbs.

               v.      PPE Members wishing to have an OUTDOOR FIRE must have their fire pit inspected annually by an authorized agent of PPE who is familiar with all the open fire guidelines. Members must be issued a permit BEFORE having a fire. The PPE APPROVED OUTDOOR FIRE PIT PERMIT will be issues by the Board of Trustees and will cost $50.00. The fee covers the cost of inspection. Permits must be renewed every 2 years. The OUTDOOR FIRE PERMIT does not relieve the Member of their responsibility to maintain safe conditions and practices at all times.

               vi.      One person 18 YEARS OF AGE or older must attend the fire at all times.

              vii.      A functioning hose supplied by a functioning well must be at the fire site at all times between May 1 and December 15th for fire suppression.

              viii.      At least one standard size shovel must be dedicated and immediately available on-site for fire suppression.

                ix.      The fire pit must be COMPELTELY EXTINGUISHED, COLD TO THE TOUCH, when not attended.

                x.      Owners and Members who have an APPROVED PPE OUTDOOR FIRE PIT PERMIT remain responsible for an escaped or unattended fire are subject to prosecution from the County, State and Federal Government as well as subject to fines, penalties and damages assessed by the PPE Board of Trustees.

                xi.      All FIRE PIT PERMIT holders must provide proof of insurance prior to the FIRE PIT PERMIT before the permit can become effective.

11.    ENVIRONMENTAL REGULATION
The natural beauty of PPE shall be preserved and vegetation unchanged except in areas where structures and improvements are authorized or in areas where vegetation and deadfall represent an excessive fire hazard.

      a. All dead trees and bushes shall be removed or moved to a Trustee designated area (if available) for disposal.The Board of Trustees will notify the Member if dead trees and bushes on their lot(s) represent a potential fire or safety hazard to PPE. The Member will be given adequate time to address the problem. If the Member fails to address the problem the Association may remove them and assess the cost of removal to the Member.

     b. There is no garbage dumping anywhere within PPE. All garbage is to be removed from the community by Members or their guests at the time of departure.

     c. Garbage may be placed in a PPE authorized container (If Available).

     d. Members shall manage their property in compliance with the “Forest Resource Management Program” The Board of Trustees supports any and all recommendations made by the Utah Division of Forestry, Fire and State Lands and any official that inspects lots for insects and fire hazards.

     e. Utility trailers, ORV trailers, Horse trailers that are stored on a Members lot and are visible from the roads and rights of way within PPE can spoil the natural beauty of the community and can become a nuisance to other Members. The storage of more than one utility type trailer is considered to be a violation of the environmental regulation.

12.    ORV REGULATION
OFF ROAD VEHICLES are defined as motorcycles, three and four wheel ATV’s and snowmobiles. Within PPE all ORV drivers shall obey all applicable State laws regulating ORV operation including, but not limited to, age, wearing of helmets and certifications.

     a. All ORV drivers under the age of 16 shall wear protective headgear while using roads, rights of ways and easements within the boundaries of PPE.

13.    NUISANCE REGULATION
Noxious or offensive activities shall not be carried on upon any Lot, road, right of way or easement within the boundaries of PPE nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.This includes public intoxication. Utah Code 76-9-701 (1), “A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors to a degree that the person may endanger the person or another, in a public or in a private place where the person unreasonably disturbs other persons.” Furthermore, a person may not operate or be in actual physical control of a vehicle if they are under the influence of alcohol, any drug, or the combined influence of alcohol or any drug to the degree that renders the person incapable of safely operating a vehicle. This includes ORV’s of all kinds.

14.    STATE AND COUNTY REGULATION
All Utah State and Summit County laws ordinances, rules, regulations, codes and statutes are in force and effect at PPE and apply to all Owners and Members and their guests, visitors, family members, contractors etc. at all times.

15.    GUEST REGULATION
Members are responsible at all times for the behavior and activities of all of their guests while they are within the boundaries of PPE. Any violation of a Regulation that results in a fine or damage assessment will be the responsibility of the Member and levied against the Owner if not paid.

FINES AND ASSESSMENTS
To aid in the fair and equitable enforcement of the Regulations of the Pine Plateau Estates Property Owners Association the following general guidelines shall be used by the Board of Trustees to handle violations.

When the violation of a regulation is brought to the attention of a Board Member a constructive letter will be drafted and sent by the Board of Trustees to the Member/Owner along with a copy of the specific regulation violated.

Following the second offense the Board may impose a fine of $50.00.

Following the third offense the Board will impose a fine of $100.00.

Following the fourth offense the Board will impose a fine of $200.00

Failure to pay any and all fines may result in a lien being filed and collection action initiated.

Due to the likelihood of extreme fire danger and our limited ability to fight a wild land fire should it threaten our community a violation of the FIREWORKS REGULATION or the OUTDOOR FIRE REGULATION is considered to be very serious because it jeopardizes the safety of the entire community. Any violation of these two regulations will result in an immediate $500 fine. Should an APPROVERD FIRE PIT be subsequently found to be out of compliance with the regulation standards the owner will be notified and be given time to bring the Fire Pit into compliance without a fine being imposed. An OUTDOOR FIRE will not be allowed until all corrections have been made.