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Agenda - 05-02-2023; 5-c - Zoning Atlas Amendment – 4801 and 4901 Dairyland Road (PINs 9841-52-7281 9840-79-5091), Hillsborough, Bingham Township
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Agenda - 05-02-2023; 5-c - Zoning Atlas Amendment – 4801 and 4901 Dairyland Road (PINs 9841-52-7281 9840-79-5091), Hillsborough, Bingham Township
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BOCC
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5/2/2023
Meeting Type
Business
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Agenda
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5-c
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94 <br /> Owner of such Lot shall notify the Association in writing and shall cause the inspector to notify <br /> the Association in writing and any other party or agency as required by law. Upon notice of a <br /> problem or noncompliance, such Owner shall be responsible for immediately repairing the <br /> wastewater collection system at such Owner's sole cost and expense and providing the <br /> Association,within thirty(30)days,with proof of such repair. The Association shall be authorized <br /> to notify any applicable governmental or regulatory agencies or officials of the malfunctioning or <br /> noncompliance of any wastewater collection system located within the Project. <br /> Declarant and the Association shall have a non-exclusive perpetual easement over all property <br /> within the Project, including Lots, benefiting Declarant and the Association for the purposes of <br /> conducting inspections of the wastewater collection systems within the Project and repairing <br /> and/or replacing a wastewater collection system if an Owner fails to repair or replace the <br /> wastewater collection system within thirty (30) days of notification from an inspector of the need <br /> to repair a wastewater collection system. The Board of Directors shall have the right to levy a <br /> Special Individual Assessment against such Lot Owner pursuant to Section 6 of Article V hereof <br /> to recover the costs and expenses incurred by the Association in maintaining,repairing or replacing <br /> the Lot Owner's wastewater collection system. <br /> The foregoing notwithstanding, neither Declarant, the Association, nor its directors, officers, <br /> agents or employees shall be responsible for damages or otherwise to anyone by reason of mistake <br /> of judgment, omission,negligence or nonfeasance arising out of the inspection services performed <br /> pursuant to this Declaration including, without limitation, any damages to any Lot or property by <br /> reason of the failure to inspect or the failure of such inspections to detect any malfunction, damage <br /> or noncompliance with law. <br /> Section 23. Clotheslines; Vegetable Gardens <br /> . Clotheslines, outdoor clothes drying and vegetable gardens are allowed. <br /> Section 24. Antennae <br /> . To the extent permitted by law and subject to the federal telecommunications act,a DBS antenna, <br /> MDS antenna or transmission-only antenna may be erected on a Lot provided it does not, in the <br /> opinion of the Architectural Review Board,create an unsightly condition. Qualified antennae must <br /> be erected on the rear of the Lot or affixed to the rear of the Dwelling Unit,unless such placement <br /> impedes reception in which event such antenna may be erected in another location on the Lot <br /> approved by the Architectural Review Board, provided that it is screened by landscaping or other <br /> material where reasonable. <br /> Section 26. Grading and Drainage. No Person shall alter the grading of any Lot without prior <br /> approval pursuant to Article VIII of this Declaration. Catch basins and drainage areas are for the <br /> purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. <br /> No Person other than Declarant may obstruct or rechannel the drainage flows after location and <br /> installation of drainage swales, storm sewers, or storm drains. The Declarant (until such time as <br /> a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View <br /> Acres) and the Association shall have a perpetual easement across the Property for the purpose of <br /> altering drainage and water flow. However, the exercise of such an easement shall not materially <br /> 23 <br />
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