|
95
<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 />
|