Orange County NC Website
117 <br /> diminish the value of or unreasonably interfere with the use of any Lot without the Owner's <br /> consent. <br /> Section 27. Removal of Plants and Trees. No trees or shrubs,except for those which are dead <br /> or create a safety hazard,shall be removed without approval from the Architectural Review Board <br /> in accordance with Article VIII of this Declaration;provided,however,no removal of plants or <br /> trees shall occur on any property specifically shown and designated on any Plat as"Undisturbed <br /> Open Space"without the express written consent of the Declarant(until such time as a Certificate <br /> of Occupancy has been issued for a residence on every recorded Lot within Eden View Acres),the <br /> Association and the applicable governmental authorities. In the event of an intentional or <br /> unintentional violation of this Section,the violator may be required by the Architectural Review <br /> Board to replace the removed trees or shrubs with one(1)or more comparable trees or shrubs of <br /> such size and number and in such locations as the Architectural Review Board may determine <br /> necessary,in its sole discretion,to mitigate the damage. <br /> Section 28. Wetlands,Lakes,and Other Water Bodies. All wetlands,lakes,ponds,and streams <br /> within the Property,shall be water management areas only subject to fluctuations in water levels, <br /> and no other use thereof,including without limitation fishing,swimming,boating,playing,or use <br /> of personal flotation devices, shall be permitted without the prior approval of the Board. The <br /> Association shall not be responsible for any loss, damage, or injury to any person or property <br /> arising out of the authorized or unauthorized use of lakes,ponds,or streams within the Property. <br /> No structures shall be constructed on or over any body of water within the Property,except such <br /> as may be constructed by the Declarant or the Association. No Person shall dump grass clippings, <br /> leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic <br /> substances in any drainage ditch,stream,pond,or lake,or elsewhere within the Property,except <br /> that fertilizers may be applied to landscaping on Lots and Common Areas and other portions of <br /> the Property provided care is taken to minimize runoff. <br /> Section 29. Yard Art,Exterior Sculpture,Above-Ground Pools, and Similar Items. No yard <br /> art,exterior sculpture,above-ground pools,lawn furniture,fountains,birdhouses,birdbaths,other <br /> decorative embellishments, or similar items shall be permitted unless approved by the <br /> Architectural Review Board in accordance with Article VIII of this Declaration,except for any <br /> such item installed by Declarant. <br /> Section 30. Underground Storage Tanks;Hazardous Substances. No potentially hazardous or <br /> toxic materials or substances shall be used or stored on any Lot other than normal household,lawn, <br /> pool,and garden products which shall be used by Owner in a manner not to permit spills or runoff <br /> of such materials onto the Lot,adjacent Lots or property,wetlands areas,ponds or buffers. No <br /> activity shall be allowed which violates local, state or federal laws or regulations; provided <br /> however,the Board shall have no obligation to take enforcement action in the event of a violation. <br /> Section 25. Section 31. Diligent Construction <br /> . All construction, landscaping or other work which has been commenced on any Lot must be <br /> continued with reasonable diligence to completion and no partially completed Dwelling Units or <br /> other Improvements shall be permitted to exist on any Lot, except during such reasonable time <br /> period as is necessary for completion. All construction must be completed within one(2)years <br /> 24 <br />