4-3-24 PB Agenda Packet - Laserfiche WebLink

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83 maintenance of individual stormwater devices located on certain Lots;and the control of silt and erosion from or on any Common Elements. ARTICLE V RESTRICTIVE COVENANTS Section 5.01 Rules and Regulations. Declarant during the Period of Declarant Control and, thereafter, the Board of Directors, shall have the power to formulate, amend, publish and enforce reasonable rules and regulations concerning the use, enjoyment and/or occupancy of the Lots and Common Elements to the extent not inconsistent with the provisions of this Declaration, the Act and/or any applicable land use ordinance,regulation,statute,law or condition of approval of the Subdivision Plat. Section 5.02 Lots, Common Elements and Streets. Except to the limited extent otherwise expressly provided in this Declaration,all of the Lots, Common Elements and Streets shall be subject to the following use restrictions: (a) Subdivision of Lots. No Lot shall be subdivided. (b) Residential Use of Lots. Each Lot shall be used for single-family residential purposes only. Notwithstanding the foregoing, neither Declarant nor the Association shall interfere with any Owner's freedom to determine the composition of his or her household; provided, however, that Declarant during the Period of Declarant Control and, thereafter, the Association, may enforce reasonable occupancy limits. No Lot shall contain more than one (1) primary detached residential building with an attached garage. Each Lot may contain additional Building(s) and/or Improvements to the extent not inconsistent with the provisions of this Declaration and the Guidelines. No residential building shall be located on any Common Elements. (c) Trailers, Mobile Homes and Modular Homes. No trailer, mobile home or modular home shall be placed,constructed or installed on any Lot. (d) Temporary Residences. No tent, garage, barn, outbuilding or Building other than a residential building constructed on a Lot in accordance with the provisions of this Declaration shall be occupied as a temporary or permanent residence by any Person. (e) Swimming Pools. No above-ground swimming pool is permitted on any Lot. An in-ground swimming pool on any Lot is permitted only if approved, in advance, by Declarant during the Period of Declarant Control or, thereafter, by the Architectural Control Committee. Any in-ground swimming pool, if approved as provided above, must be located in the rear yard behind the residential building on the Lot and must be adequately screened from view from each other Lot, the Common Elements and each Street. M Mailboxes. All mailboxes shall be located in a central kiosk. (g) Lot Maintenance. Each Owner shall keep his or her Lot in a neat and orderly appearance and the grass trimmed to a height not to exceed four(4) inches, free of excessive weeds, dead bushes and trees, and trash, including, to the extent not prohibited by applicable ordinance, statute or law, any unpaved portion of a dedicated or undedicated road or Street right of way located on and/or adjoining such Lot. All Lots shall be maintained so as to present a clean and pleasing appearance. In the event an Owner does not properly maintain his or her Lot as required by this subsection,Declarant during the Period of Declarant Control and, thereafter, the Architectural Control Committee or the Board of Directors, shall have the right to employ such contractor(s) as may be necessary to perform whatever work is required to make the Lot compliant with the provisions of this subsection, and any and all costs thereof shall be assessed to the Lot and the Owner(s)thereof as a Special Assessment. (h) Nuisance. No act shall be done and no activity shall be carried on upon any Lot that may be or become an annoyance or nuisance to any Person in the Community. 8