Orange County NC Website
85 <br /> to remain on any Lot unless it has a valid and current license plate and registration or it is stored in a <br /> manner approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the <br /> Architectural Control Committee. <br /> No unlicensed motor vehicle of any kind shall be operated on any Common Elements or Street. <br /> Unless otherwise specified by the North Carolina Department of Transportation or any municipal <br /> government having jurisdiction,the speed limit for all automobiles and other motorized vehicles using any <br /> Street shall not exceed twenty-five(25)miles per hour. The use and operation of all automobiles and other <br /> motorized vehicles within the Community shall be in compliance with all local, state and federal <br /> ordinances,regulations,codes,statutes and laws. <br /> (n) Streets. Each Street shall, until it is accepted for maintenance by the North <br /> Carolina Department of Transportation or any municipality having jurisdiction,be used only for the specific <br /> purposes set forth in ARTICLE III or elsewhere in this Declaration. Each Owner shall have the duty and <br /> responsibility to use each Street in a safe and reasonable manner so as not to create a nuisance or danger to <br /> any Person. Until each Street is accepted for maintenance by the North Carolina Department of <br /> Transportation or any municipality having jurisdiction,each Owner shall be liable to the Association for any <br /> damage to any such Street(including surfaces,entranceways,security facilities,curbing,culverts,bridges and <br /> water runoff systems) caused by any extraordinary (e.g. construction or other over-sized vehicles) or <br /> negligent use of such Street by such Owner or by such Owner's family member,tenant,guest,contractor or <br /> invitee. Each Owner shall observe all speed limit and other restrictions or limitations on the use of each <br /> Street as may set forth this Declaration and/or the Rules and Regulations,and/or as established by the North <br /> Carolina Department of Transportation or any municipality having jurisdiction. <br /> (o) Construction Damage and Debris. During the construction of any Building <br /> and/or Improvement on any Lot, any damage to any Street or to any Improvement located on any other Lot <br /> or Common Elements caused by such construction must be promptly remediated by the party responsible <br /> for such damage at such party's sole cost and expense. Any dirt,mud, gravel and/or other debris deposited <br /> onto any Street resulting from the construction of any Building and/or Improvement on any Lot or <br /> Common Elements must be cleaned up within forty-eight (48) hours. During the construction of any <br /> Building and/or Improvement on any Lot, (i)there shall be a gravel entrance from the Street onto such Lot <br /> of not less than forty (40) feet in length for the purpose of reducing the amount of dirt, mud and/or other <br /> debris that is tracked onto the Street from such Lot,and(ii)the Owner of such Lot shall be responsible for <br /> keeping all construction vehicles off any Street,including the shoulder of any Street. <br /> (p) Utilities. All water, electric power, telephone, natural gas, sewage, storm water <br /> drainage and other utility pipes, lines and cables upon any Lot or Common Elements shall be installed <br /> underground. No utility pipe, line or cable upon any Lot or Common Elements shall be installed above <br /> ground, whether on poles, towers or otherwise, except for temporary service during construction, unless <br /> expressly approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the <br /> Architectural Control Committee. <br /> (q) Dedication of Public/Private Access. At no time subsequent to the expiration or <br /> any earlier termination of the Period of Declarant Control shall any Lot or part of any Lot be dedicated or <br /> used as a public street or for any public or private access to any other Lot or any Common Elements <br /> without the prior written approval of Declarant during the Period of Declarant Control or, thereafter, the <br /> Association and any affected Owner. <br /> (r) Buildings and Improvements in Easement Areas. No permanent Building or <br /> Improvement shall be permitted within any public or private utility easement if such Building and/or <br /> Improvement may (i) damage or in any manner interfere with the installation, maintenance, repair and/or <br /> replacement of utilities,equipment and/or facilities within such easement,or(ii)or which may compromise <br /> or change the direction and/or rate of flow of drainage channels within such easement. Appropriate ground <br /> cover vegetation within the portion of any such easement located on any Lot shall be maintained by the <br /> Owner of such Lot at his or her sole cost and expense. <br /> 10 <br />