FAQ

If you are conducting a controlled burn anywhere in Jefferson County, you must first: contact the Jefferson County Communications Center at 304-725-8484 to obtain the current burning regulations, and to register the address location where you will be burning.

• CAUTION: you may be billed for deployment of emergency equipment should you not call first!

Permitted hours 7AM-5PM  NOT during burning season.
Your brush pile fire must be completely extinguished by 7AM
Burn only vegetative materials such as leaves, brush and yard clippings are permitted to be burned.

• WV BURNING LAW – GUIDELINES – WV 5PM BURNING LAW

Burning Season:

CONTROLLED BURN – AFTER 5 PM and must be entirely out by 7AM
The periods of each year between March 1 and May 31, inclusive, and October 1 and December 31, inclusive, are designated as Forest Fire Seasons

• YOU HAUL your own trash & yard waste:
  Jefferson County Solid Waste Authority
  332 Jefferson Orchard Road
  Kearneysville, WV 25430
  304–­728-0430
  Monday – Saturday 8am-4pm. Cash or Check Only
  Tip: you must be over the scales by 4PM to dump your trash/yard waste

or schedule for pick-up service

• Trash Pick Up Service:
  Apple Valley Waste
  771 James Burr Blvd.
  Kearneysville, WV 25430
  304-724-1834

• Special event short-term parking along common areas is acceptable.
• However, your own vehicle parking is permitted only within your own property.
• All MEMBERS‘ vehicles must have current WV tags & registration.
• There is no parking at the entrance to Cloverdale – all vehicles will be towed at owners’ expense.

That’s a three part question…
1. A privacy fence is six (6) feet tall surrounding a pool and/or tennis
court. (greater in height than the Jefferson County Ordinance of 48 inches for pools)
2. Property fences are four (4) feet tall.
3. Fences installed prior to 1997 were grandfathered.

Review: Cloverdale Architectural Design Guidelines & Standards

Architectural Review Applications:
1.) Improvements and
2.) Temporary Storage

Call 811 Before You Dig
West Virginia: 1-800-­245-4848
OnLine: Dominion – First Energy – Potomac Edison
FaceBook: https://www.facebook.com/WV811

Call 48 hours before you dig. Miss Utility West Virginia can be contacted 24 hours a day, seven days a week by calling toll-free 1-800-­245-4848. Whenever possible, it is best to call between 7 a.m. and 5 p.m., Monday through Friday. Routine 48-hour notifications can be made via fax or e-mail.

Be Safe — Call 811 First
Accidentally digging into utility lines is extremely dangerous and can result in serious injury or death. Such accidents also endanger others and can disrupt essential utility services that people rely on every day.  Be safe — protect yourself and those around you by calling 811 and avoid causing an accident.

Cloverdale’s governing documents do not address clothes lines. Several of our homeowners do have them in their back yards.

In Jefferson County – most important would be using a laboratory known specifically for ONLY tests & results. There is a nominal fee for the test of about $30. Usually results returned in 24 hours.  Call for further information.

Jefferson County Health Department
1948 Wiltshire Rd, Kearneysville, WV 25430
304–­728-8416
304–­728-3313

Hydrochem Laboratories Inc.
85 Potomac Ave
Shenandoah Junction, WV 25442
304–­930-1972

• Federal: EPA Information on private well water
• State: West Virginia – Individual Water Wells

(should you contact a private business e.g. Culligan, Rain Water, etc., do remember they are also in the business to promote & sell products related to water mitigation issues – water softeners, ultraviolet lighting, filters and more)

• A general map of Cloverdale
• A neighbors map & directory of Cloverdale password protected
• Recorded plats of all the lots within Cloverdale

There are quite a few maps available thru the link Jefferson County Planning & Zoning Department, too and including maps provided by Jefferson County geographic information systems, e.g. GIS. you will be able to select and view larger maps related to: zip codes, parks & trails, county & highway maps; Potomac-Appalachian Transmission Highline (PATH), Emergency Services – medical, fire and EMS, Police as well as Geology/Geography, Census, Election Districts and Planning & Zoning.

TEMPORARY STORAGE UNITS

A. All temporary storage units must be approved prior to installation

B. Permitted on a temporary only basis, may include, but are not limited to: Portables on Demand (PODS), Smart Boxes, U-Pack, U-Load, moving trailers, or any similar temporary storage unit. Expressly used for a lot owner actively involved in relocating items to and from their home and/or during renovation and/or maintenance.

C. Temporary storage units must not exceed:

1. Thirty days, two units, upon one lot, at one time, within any consecutive twelve month period.
2. 12’ long x 7’ wide x 7’ high.

D. Temporary storage units must be located in the driveway and must not:

1. Alter the natural drainage or drainage easement.
2. Damage property or roads.
3. Obstruct sightlines for vehicles.
4. Be placed on roads, right-of-way, or any common area.

E. Temporary storage unit must not be used for:

1. Animals & people.
2. Combustible or hazardous materials.
3. Food.

F. Application to the ARC must include:

1. Complete description of the temporary storage unit.
2. Timeline must include anticipated placement & removal date.
3. Agreement of lot owner to be fully responsible for all resulting damage within 30 (thirty) days after removal of the temporary storage unit.
4. Photograph(s) of the site conditions including road, driveway, and surrounding area prior to placement of temporary storage unit.

Review: Cloverdale’s Architectural Design Guidelines & Standards

Architectural Review Applications:
1.) Improvements and
2.) Temporary Storage

Lets review our governing documents to answer this one:

DCCR: Article I Section 1.3 Definitions: Association. Cloverdale Heights Homeowners Association, Inc. a non-profit corporation organized under West Virginia Code Section 31-1-1. et seq. It is the Association of Unit owners pursuant to Section 3-101 of the Act.

however: Cloverdale’s HOA Public Offering Statement of 1989

ARTICLE XVIII … the Cloverdale Heights Homeowners Association will be organized as a “not for profit” corporation under the laws of West Virginia.

CAUTION: WV Code 31e(17) “Nonprofit corporation” means a corporation which may not make distributions to its members, directors or officers.

Bylaws: Section 2.13 – Compensation. A Director may receive a fee from the Association for acting as such, as may be set by resolution of the Unit Owners, and reimbursement for necessary expenses actually incurred in connection with his or her duties. Directors acting as officers or employees may also be compensated for such duties.

 

During an Annual Meeting (~2000-2005) this subject was discussed and homeowners chose NOT to pay an elected Director for duties while serving on the Cloverdale Board. Reimbursement for actual expenses will be paid to the elected Director or delegated homeowner with a valid receipt and/or invoice with the specific items’ cost.

Each year the Executive Board contracts with a company to mow common areas. At this writing, Homeowner Ronnie Fellers has been contracted.

However, many years ago our membership agreed to “mow to the edge of the road” on each of our individual lots by cutting back on mowing contract costs.

The edge of the road includes all roads abutting each lot,

• the entrance lots# 1 and 9,  and
• lots# 37, 38, 40 and 41 along Roper North Fork

   TIP: locate your individual lot identified within parenthesis

That’s a two part question:
1.)  YES – our covenants can be amended, and
2.) HOW: in Cloverdale the amendment requirement is 67% of the homeowners – who must vote yes to record an amendment with the Jefferson County Clerk as an addendum to the original 1987-1988 DCCR.  However one critical element must be part of the amendment dialog at the onset:

In order for homeowners to vote yes or no for an amendment of the covenants, the amendment must “do no harm” to existing residents.  A discussion must include a constructive element that grandfathers those homeowners who have been provided waivers, permissions and/or a variety of special exceptions;  consideration of policies, resolutions and even verbal agreements by the original developer and/or the Executive Boards over the years. In every instance homeowners need to be reasonable.

Amendments should be reviewed by legal council due to the possibility of conflict with other covenants and amendments within our DCCR as well as being in compliance with local, state and federal laws.  The charge for an amendment is relative to printing, legal counsel retainer & billing hours, standard recording fees and finally surface mailing the amendment to each of the Cloverdale homeowners. (initial labor is free because it is provided by your peers to develop the text for consideration)

Additonally: If amending the documents is too expensive, too time consuming, or not possible, the board could adopt a rule using the same language.  While rules don’t have the same presumption of validity as covenants, the courts have demonstrated the choice to uphold a reasonable and unambiguous rule.

>>> VIEW  Article X (21)  Cloverdale Amendment August 9, 1999

Property Review Committee Policies and Procedures

A Board appointed Property Review Committee drives by during the year to review all Cloverdale lots and common area. The reason for this necessary observation is to preserve and increase overall property value in our community. Cloverdale continues to be a sought after community because we all care.

WHAT TRIGGERS A RED FLAG FOR FAILING YOUR PROPERTY REVIEW?

• Brush Piles
• Downed trees
• Statuesque tree stumps
• Overgrown brush/weeds around the perimeter of your home
• structure damage to your garage, shed and/or fence
• Missing roof shingles
• Missing and/or dirty siding
• Peeling paint: house, window(s), porch, step(s), door(s)
• Broken and/or missing porch spindles, fence gates, panels and/or supports

examples:

Without your concern these, and other examples, that surface the Committee must contact you to correct the issue. When the Committee cannot resolve the issue with you then the Board of Directors steps in. Should you continue to ignore the issue the Board must act in good faith & due diligence by filing a lien on your property for violation of Cloverdale’s Declaration. Declaration of Covenants, Conditions and Restrictions Article VI Section 2: Each unit owner shall maintain, repair and replace, at his or her own expense, all portions of his or her unit.

In 1989 the developer, Marcus Enterprises was required to post the speed limit – because there were no County guidelines/ordinances it was determined a 15mph rural limit. US 340 did not exist at that time.

Cloverdale roads are private roads, the Declaration does not address a speed limit. WV Department of Transportation does not address a speed limit in a county subdivision.

WV CODE:
http://www.wvlegislature.gov/WVCODe/Code.cfm?chap=17c&art=1

§17C-1-36. Private road or driveway; private property
§17C-1-62. Residential street.
§17C-14-13a. Police officers authorized to conduct investigations on private property.
§17C-2-7. Uniformity of provisions of chapter throughout state.

The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this chapter.

Jefferson County Sheriff’s Department, by our invitation, randomly patrols our roads as a courtesy.
Location & Contact info:
102 Industrial Blvd,
Kearneysville WV 25430
Office Phone: 304-728-3205
Office Fax: 304-728-3299

Cloverdale’s Board of Directors and all owners of record in the community respect & follow the DCCR, specifically: Article XXII Rights to Notice and Comment; Notice And Hearing Section 1,2 and 3.

It is your and/or your representative’s right to receive a notice and attend a scheduled hearing to appeal to the Board of Directors for a reasonable decision concerning a particular issue.
view >>>  Art. XXII

Cloverdale’s DCCR: ARTICLE X Restrictions on use, Alienation and Occupancy:

Section 10.2  Restrictions on Alienation. A unit (your home) may not be conveyed pursuant to a time-sharing plan.

A Unit may not be leased or rented for a term of less than 30 days. All leases and rental agreements shall be in writing and subject to the requirements of the Documents and the Association.

All leases of a Unit shall be deemed to include a provision that the tenant will recognize and attorn to the Association as landlord, solely for the purpose of having the power to enforce a violation of the provisions of the Documents against the tenant, provided the Association gives the landlord notice of its intent to so enforce, and a reasonable opportunity to cure the violation directly, prior to the commencement of an enforcement action.

Declaration of Covenants, Conditions and Restrictions
ARTICLE X
Restrictions on use, Alienation and Occupancy
page 10 Section 10.1(12) in part states:
… containers may be placed in the open, on any day that a pick-up is to be made, at such place on the lot so as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner that they cannot be seen from adjacent and surrounding property.

Policy – Marcus’ Enterprises, the Developer’s verbal statement ~1988-90
(not formally recorded after transfer of subdivision deed)

Recreational Vehicles (RVs) are permitted to be stored/parked on homeowners’ paved property with the following conditions overriding DCCR ART X(2)-(4):

• Must NEVER be used as a permanent residence by any Cloverdale homeowner(s).
• Must be current with WV registration and license when owned by a Cloverdale homeowner while stored on their own paved property.
• Visitors of Cloverdale homeowners with their RVs are permitted and visitors may reside within their own RV during short visits. (“short visit” was not defined)

Please be considerate when parking an RV – never on the lawn, never in the front yard and never blocking the line-of-sight for vehicle operators on any of our roads.

Cloverdale Heights Declaration of Covenants, Conditions and Restrictions:
Article X Section 10.1(11) Restrictions on use, Alienation and Occupancy

Domesticated house pets shall be allowed within the subdivision, provided such pets are contained within a fenced in area, or secured by a leash, chain or rope.
No animals shall be allowed to roam freely within the subdivision.

Contact: Cloverdale Board of Directors

Jefferson County, West Virginia:
Leash Law Ordinance

Contact: Jefferson County Animal Control:
(304) 728-3289 Ext. 2083

West Virginia Code:
CHAPTER 19. AGRICULTURE,  ARTICLE 20. DOGS AND CATS.