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[Conformed Copy]
Declaration of Restrictions
for
Whitehills Woods No. 5
This Declaration of Restrictions made as of the 2nd day of March, 1999 by Whitehills Development Corporation, a Michigan corporation (previously known as Whitehills Estates, Inc.), of 3210 Lake Lansing Road, East Lansing, Michigan 48823 (“Declarant”), pertaining to the plat of Whitehills Woods No. 5, a subdivision of part of the Northwest 1/4 of Section 4, T4N, R1W, Meridian Township, Ingham County, Michigan, as recorded on February 19, 1999 in Liber 52 of Plats, Pages 48 and 49, Ingham County Records.
WHEREAS, Declarant is owner of Whitehills Woods No. 5; and
WHEREAS, Declarant desires all lands within Whitehills Woods No. 5 to be subject to certain land and building use restrictions as hereinafter set forth for the common benefit of all owners of lots within Whitehills Woods No. 5;
NOW, THEREFORE, Declarant hereby declares and establishes the following covenants, conditions, restrictions, easements, reservations, powers, obligations and agreements on the pages following upon all lands within Whitehills Woods No. 5 and upon all present and future owners and occupants of such lands.
Copyright © 2002 Whitehills Development Corporation. Unauthorized use prohibited.
Prepared by:
Whitehills Development Corporation
3210 Lake Lansing Road
East Lansing, Michigan 48823
Table of Contents
Article I. Administration of Restrictions
Article II. Variances, Determinations and Approvals
Article III. Architectural Control
Article XIV. Garages and Carports
Article XV. Parking Areas and Driveways
Article XVI. Outbuildings, Auxiliary Use Buildings and Outdoor Recreational Equipment
Article XVII. Decks, Hedges, Walls and Fences
Article XIX. Swimming Pools and Tennis Courts
Article XX. External Energy Systems
Article XXII. Subdivision of Platted Lot
Article XXIII. Herbicide and Fertilizer Control
Article XXIV. Damaged or Destroyed Buildings
Article XXV. Appearance of Lots and Buildings
Article XXVI. Grading, Excavating and Erosion Control Article XXVIII. NuisancesArticle XXIX. Homeowners' Association
Article XXX. Use of ParksArticle XXXI. Ownership and Maintenance of Common Property
Article XXXII. Park Lake Road Right-of-Way MaintenanceArticle XXXIII. Assessment Procedures
Article XXXIV. Common Property Maintenance FundArticle XXXV. Hunting and Wildlife Management
Article XXXVI. Preservation of Natural Character of the Plat Article XXXVIII. License for Use of Pine Hollow LakeArticle XXXIX. Reservation of Mineral Rights
Article XL. Special Restrictions for Lots 68,69,70,71,72 and 73Article XLII. Notice of Special Township Fees
Article XLIII. Waiver in National EmergencyArticle XLIV. Duration, Termination and Amendment
Article XLV. Partial Invalidity
As used in these Declaration of Restrictions, the following terms shall have the meanings designated:
1. "Declarant" means Whitehills Development Corporation, a Michigan corporation, its successors and assigns.
2. "Plat" means the plat of Whitehills Woods No. 5, a subdivision of part of the Northwest 1/4 of Section 4, T4N, R1W, Meridian Township, Ingham County, Michigan, as recorded on February 19, 1999 in Liber 52, Pages 48 and 49, Ingham County Records.
3. "First Plat" means the plat of Whitehills Lakes Subdivision as recorded on February 11, 1985 in Liber 39, Pages 13-14, Ingham County Records.
4. "Second Plat" means the plat of Whitehills Lakes Subdivision No. 2 as recorded on October 8, 1986 in Liber 40, Pages 48-49, Ingham County Records.
5. "Third Plat" means the plat of Whitehills Lakes Subdivision No. 3 as recorded on September 1, 1987 in Liber 42, Pages 19-20, Ingham County Records.
6. "Fourth Plat" means the plat of Whitehills Woods, as recorded on January 25, 1988 in Liber 42, Pages 45-46, Ingham County Records.
7. "Fifth Plat" means the plat of Whitehills Lakes Subdivision No. 4 as recorded on June 28, 1988 in Liber 43, Page 27-29, Ingham County Records.
8. "Sixth Plat" means the plat of Whitehills Woods No. 2 as recorded on February 2, 1990 in Liber 45, Pages 37 and 38, Ingham County Records.
9. "Seventh Plat" means the plat of Whitehills Lakes Subdivision No. 5 as recorded on October 9, 1992 in Liber 47, Pages 33 and 34, Ingham County Records.
10. "Eighth Plat" means the plat of Whitehills Woods Subdivision No. 3 as recorded on October 14, 1994 in Liber 49, Pages 27 and 28, Ingham County Records.
11. "Ninth Plat" means the plat of Whitehills Woods Subdivision No. 4 as recorded on February 12, 1996 in Liber 50, Pages 33 and 34, Ingham County Records.
12. “Tenth Plat” means Whitehills Woods North, being a subdivision of part of the Southeast 1/4 of Section 32 and the Southwest 1/4 of Section 33, T5N, R1W, Bath Township, Clinton County, Michigan according to the plat thereof recorded on December 19, 1996 in Liber 8, Pages 58 through 62, inclusive, Clinton County Records.
13. "Prior Plats" means the First Plat, the Second Plat, the Third Plat, the Fourth Plat, the Fifth Plat, the Sixth Plat, the Seventh Plat, the Eighth Plat, the Ninth Plat and the Tenth Plat.
14. "Contiguous Lands" means any land and water surfaces within a parcel bordered on the South by Lake Lansing Road, on the Southeast by Temporary I-69 (commonly known as Saginaw Highway), on the East by Newton/Nichols Road, on the North by Coleman Road, and on the West by Park Lake Road, all such land being within the West 1/2 of Section 4 and the East 1/2 of Section 5, T4N, R2W, Meridian Township, Ingham County, Michigan and the SE 1/4 of Section 32 and the SW 1/4 of Section 33, T5N, R1W, Bath Township, Clinton County, Michigan, except the plat of Whitehills Lakes North which is within the SE 1/4 of Section 32 and the SW 1/4 of Section 33, T5N, R1W, Bath Township, Clinton County, Michigan.
15. "Homeowners' Association" means the Michigan non-profit corporation known as "Whitehills Lakes Homeowners' Association," which is a membership corporation established by Declarant at the time of establishment of the First Plat.
16. "Future Plat" means any plat hereafter created in Contiguous Lands in which the owners of the lots in the plat are designated by Declarant to be members of the Homeowners' Association.
17. "Architectural Control Committee" means the committee of the Homeowners' Association established by Bylaws of the Homeowners' Association to implement and approve the architectural control provisions under Article III of these restrictions.
18. "Architectural Prints" means:
(a) a detailed architectural drawing of the exterior design, including roof pitch of a dwelling and the location, size, design and number of garage doors, decks, porches, patios, breezeways, driveways, parking areas, sidewalks and any buildings to be detached from the residence,
(b) complete building plans,
(c) complete specifications covering the type and quality of interior and exterior (including foundation) materials and color of exterior walls, windows, trim, decks, porches, patios, breezeways, driveways, parking areas, sidewalks and roofs, and
(d) a plot plan showing the location of all buildings and appurtenances relative to the lot lines, including vertical grade and top of wall elevations relative to the top of the curb as it exists or is proposed in front of the lot, as well as the location and elevation of all trees greater than 8” in diameter outside of the building footprint.
19. "Landscaping" means trees, shrubs, hedges, fences, patios, retaining walls, berms, rock gardens or other vegetation or landscaping structures or devices.
20. "Landscape Plans" means:
(a) a drawing showing the location of all Landscaping and the configuration of planting beds relative to the location of structures and the boundaries of the lot, and
(b) specifications detailing and identifying the genus, species and size of all plants shown on the drawing, and the design of all landscape structures and the type, quality and color of all materials to be used in the construction thereof.
21. "Pine Hollow Lake Park" means the park, including the body of water contained therein, and land surfaces under the body of water designated as "Pine Hollow Lake Park" on the First Plat and Second Plat.
22. "Island Lake Park" means the park, including the body of water and island contained therein and land surfaces under the body of water, designated as "Island Lake Park" on the First Plat and Second Plat.
23. "Timber Meadow Park" means the park designated on the Third Plat as "Timber Meadow Park."
24. "Meadow Wood Park" means the park designated on the Fourth Plat as Meadow Wood Park."
25. "Pine Hollow Lake Park North" means the park designated on the Fourth Plat as "Pine Hollow Lake Park North."
26. "Pine Hollow Lake" means the body of water and land surfaces beneath depicted on the Fourth Plat abutting portions of Pine Hollow Lake Park North and which is an extension of the body of water in Pine Hollow Lake Park.
27. "Meadow Wood Park West" means the park designated on the Fifth Plat as "Meadow Wood Park West."
28. "Marsh Island Park" means the park designated on the Fifth Plat as "Marsh Island Park."
29. "Tennis Park" means the park designated on the Fifth Plat as "Tennis Park" together with such other abutting lands, if any, as Declarant hereafter declares to be a part of the park.
30. "Meadow Wood Lake" means the body of water and land surfaces beneath in Meadow Wood Park West as depicted on the Fifth Plat.
31. "Marsh Island Lake" means the body of water and land surfaces beneath in Marsh Island Park as depicted on the Fifth Plat.
32. "Timber Meadow Park South" means the park designated on the Seventh Plat as "Timber Meadow Park South."
33. "Southgate Park" means the park designated on the Seventh Plat as "Southgate Park."
34. "Ridgepond Park" means the park designated on the Eighth Plat as "Ridgepond Park."
35. "Ridgepond" means the body of water and the land surfaces beneath in Ridgepond Park.
36. “Meadow Wood Park North” means the park designated on this Plat as “Meadow Wood Park North.”
37. "Parks" means Pine Hollow Lake Park, Island Lake Park, Timber Meadow Park, Meadow Wood Park, Pine Hollow Lake Park North, Tennis Park, Meadow Wood Park West, Marsh Island Park, Timber Meadow Park South, Southgate Park, Ridgepond Park and Meadow Wood Park North.
38. "Common Property" means the following common areas and common facilities and equipment within the Plat and within the Prior Plats:
(a) The Parks;
(b) Meadow Wood Lake;
(c) Marsh Island Lake;
(d) Pine Hollow Lake;
(e) Ridgepond;
(f) The wall along Park Lake Road and any other apparatus or equipment, such as but not limited to security lighting, installed by Declarant along Park Lake Road;
(g) The entrance signs and planters at Park Lake Road and Meadow Wood Drive, the entrance sign and planter on Lot 111 of the Seventh Plat at Whitehills Lake Drive and Park Lake Road, the entrance signs on Lot 20 and Lot 21 of this Plat, and all electrical and sprinkling fixtures and apparatus and equipment pertaining thereto;
(h) The boat launching facilities constructed between lots 13 and 14 within the First Plat;
(i) The wells and pumps and pertinent apparatus and equipment installed on the northwest corner of Lot 2 within the First Plat and on the southerly ten (10) feet of Lot 1 of the Fourth Plat;
(j) The landscaping within the traffic islands on Overglen Court in the Fourth Plat, Timber Meadow Court in the Seventh Plat and Standish Court and Heathfield Drive in the Tenth Plat and Ridgepond Place in this Plat.
(k) Trees planted by Declarant within the road rights-of-way;
(l) Trees and retaining walls adjacent to Lots 13, 14, and 20 in the Fourth Plat in the Pine Hollow Drive right-of-way, as identified in Article V of the Declaration of Restrictions for the Fourth Plat;
(m) The entrance signs on the westerly twenty-five (25) feet of the southerly five (5) feet of Lot 1 and the southerly fifteen (15) feet of Lot 15 of the Fourth Plat, and all electrical fixtures and connections and other apparatus and equipment pertaining to the sign;
(n) If installed, the aerator and/or fountain within Pine Hollow Lake and all electrical fixtures, apparatus and equipment pertaining thereto within Pine Hollow Lake and Pine Hollow Lake Park North;
(o) The tennis court(s) and other recreational equipment and facilities, fences, and driveways and parking areas, if any, within Tennis Park;
(p) Amenities, if any, installed by Declarant in Southgate Park;
(q) The large oak tree, approximately 60 inches in diameter, on Lot 39 of the Eighth Plat;
(r) If installed, the well, pumps and pertinent apparatus and equipment in Ridgepond Park;
(s) Amenities, if any, installed by Declarant in Ridgepond Park;
(t) The large pignut hickory tree within the right-of-way of Ridgepond Place in front of lot 77 in this Plat.
(u) The following easements:
(i) The landscape easements created in the Prior Plats;
(ii) The easement for ingress and egress over the Easterly ten (10) feet of Lot 36 and over a ten (10) foot strip of land within Lot 43 of the Second Plat (according to the replat of Lots 42 and 43 of the Second Plat), which exist only for purposes specified in Article XXXV of the Declaration of Restrictions for the Second Plat;
(iii) The ten (10) foot easement for ingress and egress to Timber Meadow Park over Lots 63 and 64 as shown on the Third Plat, which exists only for purposes of maintenance of that park and enforcement of restrictions pertaining to that park;
(iv) The wetland control easement created in the Fourth Plat as described in Article XXXV of the Declaration of Restrictions for the Fourth Plat;
(v) The easement for the construction and maintenance of a brick and mortar wall along the Park Lake Road right-of-way over the westerly ten (10) feet of Lots 1 through 9 in the First Plat, Lots 48 through 53 of the Second Plat, Lots 70 and 71 of the Third Plat and Lots 80 through 87 of the Fifth Plat, as well as the westerly twelve (12) feet of the southerly ten (10) feet of Lot 72 of the Third Plat and the westerly ten (10) feet of Lot 111, the southerly forty-five (45) feet of the westerly thirty (30) feet of Lot 111 and the westerly fifty (50) feet of the northerly ten (10) feet of Lot 111 in the Seventh Plat;
(vi) The easements over Lots 1 and 2 of the First Plat, as described in the Declaration of Restrictions for the First Plat, for the construction and maintenance of entrance walls, including lighting for the entrance walls, landscaping and sprinkling devices, and for the installation and operation of a well and pump and associated fixtures, apparatus and equipment;
(vii) The easement over the Northeasterly 20 feet of the Southwesterly 40 feet of Lot 62 of the Second Plat for ingress to and egress from Timber Meadow Park for all owners of lots in this Plat and the Prior Plats and owners of such other lots in any Future Plat as determined by Declarant;
(viii) The preservation easement and accompanying general maintenance and ingress\egress easements over portions of Lots 37, 38 and 39 of the Eighth Plat as described in paragraph C of Article XXXVI of the Declaration of Restrictions for the Eighth Plat;
(ix) The preservation easement and accompanying general maintenance and ingress/egress easements over portions of lots 76 and 77 in this Plat as described in paragraph D of Article XXXVII of these restrictions; and,
(x) Such other easements described in this Declaration of Restrictions and the Declaration of Restrictions for the Prior Plats by which Declarant reserves to itself rights of ingress and egress and rights to construct and maintain improvements and/or facilities;
(v) The land surfaces of the drain easements between Lots 22 and 23, and Lots 26 and 27 in the First Plat, for purposes of landscape maintenance only; and
(w) Any other property, facility, apparatus or equipment hereafter designated by Declarant to be Common Property.
39. "Fund" means a bank account established by Declarant to which monies will be deposited to pay for costs of maintenance of the Common Property and other items as detailed in these Restrictions.
40. "Homeowners' Association Fund" means the monies deposited in a bank account established by the Homeowners' Association to pay for costs of maintenance of the Common Property and other items as detailed in these Restrictions.
41. "Cost of Maintenance" means all costs associated with maintaining property, including but not limited to, costs of insurance, taxes, utilities, upkeep, repair and replacement.
42. "Contiguous Plat" means any plat which abuts any portion of the Plat or the Prior Plats and any plat within the Contiguous Lands which abuts such abutting plat.
43. "Lower Level" means any floor space below the top of the foundation walls.
Policy Statement
The Plat is the eleventh plat of what Declarant anticipates will be a multi‑plat development of lands within the Contiguous Lands. However, each lot owner within the Plat purchases the lot with the understanding that Declarant makes and has made no representations or assurances that any portion or all of the Contiguous Lands will be developed other than this Plat and the Prior Plats. Because of (a) the inter‑relationship between wetlands within the Plat and other wetlands lying outside of the Plat, (b) the continuing requirements of wetland mitigation imposed by the Michigan Department of Environmental Quality on wetlands within and outside of the Plat, (c) the interlocking of wetlands within and outside of the Plat as a part of the Ingham County and Clinton County drainage systems, (d) the present uncertainty of how and to what extent Contiguous Lands will be developed, (e) the present uncertainty of the extent to which, if any, wetlands within and outside of the Plat will be used by residents in a manner that taxes the aesthetic features of the wetlands or impinges on the interests of lake-front lot owners, (f) the desire of Declarant to maintain the Plat in an aesthetically pleasing and high‑grade manner for protection of all lot owners within the Plat, balancing the interests of all lot owners, and (g) other considerations of Declarant, Declarant has intentionally reserved in this Declaration of Restrictions broad powers to direct and control the development and use of lands within the Plat, and the relationship of lands within the Plat to lands outside of the Plat, including the power to freely amend these restrictions. It is the intention of Declarant that any ambiguity about the extent of Declarant's authority in this regard be construed and resolved in favor of Declarant, and each lot owner, in purchasing a lot, hereby contractually agrees to such principle.
Article I.
Administration of Restrictions
During the development stage of the Plat and Contiguous Lands, Declarant intends to retain control of the administration of these restrictions. Once development of the Plat and Contiguous Lands are completed, or substantially completed, Declarant intends to transfer administration of these restrictions to the Homeowners' Association. However, Declarant reserves the right to transfer administration to the Homeowners' Association at any time, and Declarant further reserves the right to retain administration of any portion of these restrictions indefinitely. Prior to any transfer to the Homeowners' Association, Declarant reserves the right to transfer or assign its rights hereunder, in whole or in part, to any other person. Successors of Declarant shall automatically accede to rights of Declarant under these restrictions.
Should an owner of any lot within the Plat violate any of these restrictions, or any provision of any of the encumbrances on the Parks as identified in Article XXX, Declarant shall have the right to undertake correction of the violation and the costs incurred by Declarant in doing so shall be immediately due and, if not paid, Declarant may impose a lien on the owner's lot until paid and which may be foreclosed in the manner of the foreclosure of a mortgage under the statutes of Michigan.
Article II.
Variances, Determinations and Approvals
Declarant shall have the right to grant a variance from any of these restrictions to the owner of any lot if, in the sole discretion of Declarant, such variance would not substantially impair the intent of these restrictions or the prosperity of the Plat, or rights of others then owning land within the Plat.
Once transfer of administration of any restriction has been made by Declarant to the Homeowners' Association, all determinations and approvals required of Declarant under such restriction, and all variances therefrom obtainable from Declarant shall be obtained from the Architectural Control Committee.
All determinations, approvals and variances, whether from Declarant or the Architectural Control Committee, shall be in writing and shall be procured prior to any act being undertaken which requires such determinations, approvals or variances, or which would violate these restrictions unless a variance was obtained.
The granting of any variance or approval, or the making of any determination shall not be construed as a precedent binding Declarant or the Architectural Control Committee to any other similar or identical variance, approval or determination, and no action or inaction of Declarant or the Architectural Control Committee shall be deemed a waiver of any of their rights hereunder.
Article III.
Architectural Control
No building shall be erected, located or altered upon any premises within the Plat unless and until the architectural features of the building as revealed by the Architectural Prints have been approved by Declarant.
The Architectural Prints shall be submitted to Declarant, who shall have sixty (60) days following submission to either approve or reject them. If Declarant does not approve or reject within the sixty (60) day period, they shall be deemed approved. If Declarant rejects all or any portion of the Architectural Prints, the owner shall resubmit them or portions of them, and Declarant shall have sixty (60) days after resubmission within which to accept or reject. Failure of Declarant to accept or reject shall be deemed acceptance.
The extent of discretion reserved to Declarant in approving and rejecting Architectural Prints is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by Declarant to be appropriate from time‑to‑time, including considerations that are aesthetic and subjective, to assure a proper mix, coordination and blending of house design, exterior material and color treatments, and placements of houses on lots within the Plat, and to maintain height and view control. Design control shall take into account not only front elevations, but rear and side elevations as well, with particular attention to aesthetic and subjective considerations relative to dwellings with walk-out lower levels.
Declarant shall determine the depth of the basement of each house built within the Plat.
Article IV.
Landscape Control
No Landscaping shall be planted, constructed, altered or removed, or planting beds or landscape structures created, altered or removed on any lot within the Plat until Landscape Plans have been submitted to and approved by Declarant, with the exception of annual and perennial flowers which may be planted at the discretion of the lot owner.
The Landscape Plans shall be submitted to Declarant, who shall have sixty (60) days following submission to either approve or reject them. If Declarant does not approve or reject within the sixty (60) day period, they shall be deemed approved. If Declarant rejects all of any portion of the Landscape Plans, the owner shall resubmit them or portions of them, and Declarant shall have sixty (60) days after resubmission within which to accept or reject. Failure of Declarant to accept or reject shall be deemed acceptance.
The extent of discretion reserved to Declarant in approving and rejecting Landscape Plans is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by Declarant to be appropriate from time to time, including considerations that are aesthetic and subjective, to assure the completeness of the Landscaping on the lot, height and view control, uniformity of design between the building on the lot and the Landscaping, and a proper mix, coordination and blending of Landscaping within the Plat.
As a part of construction of a dwelling on any lot, the lot shall be landscaped to standards determined by Declarant to be minimally acceptable and, if not completed by occupancy of the dwelling, shall be completed within two (2) months thereafter. For purposes of the preceding sentence, the months of December, January, February and March shall be excluded from calculation of the two‑month period, although a landscape plan shall be submitted and approved prior to occupancy.
Article V.
Pre-Construction
Meeting, Cessation of Construction, Removal of
Unapproved Construction and Progress of
Construction
Prior to the commencement of construction of any dwelling on any lot, the owner(s) of the lot and contractor retained by the owner(s) to construct the dwelling, shall meet with Declarant to review Declarant's requirements for construction based on the various provisions of these restrictions relating to construction. The purpose of this meeting is to avoid any construction which violates the provisions of these restrictions or approvals given by or required to be obtained from Declarant under these restrictions. If at any time any construction on a lot violates any provision of these restrictions or any approval given by or required to be obtained from Declarant under these restrictions, Declarant may require that all or any part of the construction cease for as long as necessary to remove or otherwise remedy the violation, and, upon failure of the owner(s) and\or contractor to cease construction and to begin and continuously proceed to remedy the violation, the owner(s) shall be responsible to Declarant in liquidated damages in an amount equal to $250.00 for each day the violation continues, which amount, if not paid, shall be a lien on the lot and subject to foreclosure in the manner provided for foreclosure of mortgages in Michigan. The provisions of the preceding sentence shall apply to any aspect of construction activity on the lot, including, but not limited to, the dwelling, driveways, parking areas or Landscaping.
Construction, reconstruction and exterior remodeling of any structure on any lot shall proceed in a timely and workmanlike manner, and shall not cease for any reason for a period greater than 14 days. The owner(s) of the structure shall be responsible to Declarant in liquidated damages in an amount equal to $250.00 for each day after the 14 day period during which the construction, reconstruction or exterior remodeling has ceased, through the date on which it recommences, and if not paid shall be a lien on the lot and subject to foreclosure in the manner provided for foreclosure of mortgages in Michigan.
Article VI.
Occupancy
Before a house constructed on any lot in the Plat is occupied, the owner thereof shall file with Declarant an accurate "as built" survey and shall advise Declarant that the house is ready for final inspection so that Declarant may ascertain whether the house and appurtenances have been built according to the Architectural Prints as approved by Declarant and to ensure that they do not violate these restrictions in any way. Should Declarant not inspect the premises within fourteen (14) days after the owner has advised Declarant in writing that the premises are ready for final inspection, the inspection shall be deemed to have been waived. No house may be occupied until any significant variation between the Architectural Prints as approved and the house and appurtenances as built have been corrected, or an agreement reached between Declarant and the owner as to compliance. If the minimally acceptable Landscaping is completed after the time of occupancy, as provided in Article IV, the lot owner shall complete the same as required in Article IV and obtain inspection from Declarant in the manner established for inspection of the house and appurtenances. If at any time Declarant determines that plantings have been made or landscaping structures constructed which violate these restrictions or the approved Landscape Plan, Declarant shall be entitled to remove the same and the cost thereof shall be immediately due and payable by the lot owner to Declarant. In addition, a lien may be imposed on the lot until payment is made, and the lien may be foreclosed in the manner of the foreclosure of a mortgage under Michigan statutes.
The approval procedures established in this Article shall apply to an addition to an existing dwelling and Landscaping beyond the approved Landscape Plan. Regardless of whether any inspections are made, this Article shall not be construed to create any liability whatever on the part of Declarant to any lot owner.
Article
VII.
Type of Use
Only detached single family residential buildings shall be built in the Plat and once built, shall only be used for such purpose, except that Declarant reserves the right to maintain or permit an office within the Plat until December 31, 2004. Declarant also reserves the right to maintain or permit a "model" home or homes within the Plat.
Article
VIII.
Frontage
The minimum frontage of any lot, or portion of lot, or combination of lots or portions of lots for building purposes shall be 100 feet on a public street, except those lots which are platted with less than 100 feet, and as to those the minimum frontage for building purposes shall be the frontage as platted.
Article
IX.
Minimum Lot Area
The minimum square footage of any lot, portion of lot, or combinations of lots or portions of lots for building purposes shall be 17,000 square feet.
Article X.
Building Size
Houses constructed on lots within the Plat shall have a minimum square footage of finished floor space above street grade, excluding breezeways, porches and garages as determined by Declarant. In the absence of such determination, this minimum schedule of building sizes shall prevail:
Lots 68 through 71, inclusive:
h Ranch-style house - at least 3,000 square feet of ground floor space.
h 1 1/2 story house - at least 2,400 square feet of ground floor space with a total minimum of 3,400 square feet.
h 2 story house - at least 2,000 square feet of ground floor space with a total minimum of 3,400 square feet.
Lots 72 and 73:
h Ranch-style house - at least 2,500 square feet of ground floor space.
h 1 1/2 story house - at least 2,000 square feet of ground floor space with a total minimum of 3,000 square feet.
h 2 story house - at least 1,800 square feet of ground floor space with a total minimum of 3,000 square feet.
Lots 74 through 79, inclusive:
h Ranch-style house - at least 2,000 square feet of ground floor space.
h 1 1/2 story house - at least 1,600 square feet of ground floor space with a total minimum of 2,400 square feet.
h 2 story house - at least 1,400 square feet of ground floor space with a total minimum of 2,400 square feet.
It is anticipated that Declarant may grant a credit toward the minimum square footage requirements for any house built on a sloping lot with finished walk-out living space in the lower level where the rear lot line is at a lower grade than the street along the front lot line. It is also anticipated that Declarant may grant a credit for any house of exceptional design and construction as determined by Declarant.
Article XI.
Building Setback
The minimum setbacks of houses (including garages, porches, decks, patios, greenhouses, eaves, bays and chimneys) from the front, side and rear lot lines shall be determined by Declarant. In the absence of such determination, the following setbacks shall apply under definitions of front, side and rear lot lines as prescribed by ordinances of the Charter Township of Meridian:
For lots 68 through 71, inclusive;
h The minimum setback from the front lot line shall be forty (40) feet, except for lots 71 and 72 which shall be thirty (30) feet.
h The minimum setback from the side lot line shall be fifteen (15) feet.
h The minimum setback from the rear lot line shall be fifty (50) feet, except for Lots 70, 71 and 72, which shall be forty (40) feet.
F
or Lots 74 through 79, inclusive;h The minimum setback from the front lot line shall be fifty (50) feet, except for lots 74 and 75 which shall be thirty (30) feet.
h The minimum setback from the side lot line shall be twelve (12) feet.
h The minimum setback from the rear lot line shall be fifty (50) feet.
The Charter Township of Meridian regulates setbacks from wetland edges. The Township Director of Community Planning & Development should be consulted for current information. As of this date, wetland setbacks affect Lots 68 through 73, inclusive.
Article XII.
Building Heights
Declarant shall determine individual maximum height restrictions on houses built on each lot in the Plat because of the need and desirability to limit and control the height of dwellings. In absence of determination to the contrary, no house shall exceed two (2) stories in height, and no portion of any building, other than chimney, shall exceed thirty‑five (35) feet in height, as measured from the grade adjacent to the front of the building to the highest point of the building, other than the chimney.
Article XIII.
Exterior Walls
As a part of architectural approval, and to maintain a high quality of construction and appearance within the Plat, Declarant may require that at least fifty (50) percent or more of exterior sidewalls of any dwelling, and the entire exposed foundation of any dwelling which has an exposed foundation of more than 16 inches in height, and the entire lower level exterior walls of any dwelling be of brick, plaster or approved masonry construction. These requirements may be reduced or eliminated by Declarant for dwellings of exceptional design and quality.
Article XIV.
Garages and Carports
Each house constructed within the Plat shall have an attached or built‑in garage, containing a minimum of 600 square feet of floor area, with walls plastered or finished with material approved by Declarant. Each house shall also contain a minimum of 300 cubic feet of enclosed area in the garage or on the ground floor of the dwelling immediately adjacent thereto for storage of household tools, supplies and equipment. An attached carport, in addition to the required garage, may also be permitted by the Declarant. Automatic door openers shall be installed for all garage doors. Declarant reserves the right to regulate the width and number of garage doors for each garage built within the Plat. No detached garage or detached carport may be erected within the Plat.
Article
XV.
Parking Areas and Driveways
Outside parking areas other than driveways shall be permitted only upon the approval of Declarant and shall be landscaped and located no closer than five (5) feet from side lot lines, forty (40) feet from front lot lines and fifty (50) feet from rear lot lines. No front yard parking areas shall be used for the parking of more than two (2) cars. Outside parking areas shall be constructed of either concrete, asphalt or brick.
The location of all driveways within the Plat shall be approved by Declarant and shall be located no closer than three (3) feet from any property line. All driveways shall be constructed of either concrete, asphalt or brick.
Article XVI.
Outbuildings,
Auxiliary Use Buildings and Outdoor
Recreational Equipment
Subject to provisions of the following paragraph, no playhouse, treehouse, toolhouse, greenhouse, gazebo, or outbuilding or structure of any type detached from a dwelling, or children's play equipment or recreational equipment shall be constructed or placed on any lot within the Plat without the approval of Declarant as to size, design, materials and location. Declarant reserves the right to prohibit any of the same if, in the opinion of Declarant, it would constitute a nuisance to owners of other lots within the Plat.
Declarant reserves the right to approve the construction of an Auxiliary Use Building on any lot or combinations of lots within the Plat in excess of one acre in size. The approval, which shall not be unreasonably withheld, shall be as to size, including height, design, materials and location, and all other matters determined appropriate by Declarant in its sole judgment, taking into account matters of view, architectural harmony, density and such other practical, aesthetic and subjective considerations as Declarant, in its sole discretion, determines appropriate and necessary, not only as to the lot upon which the Auxiliary Use Building is proposed to be built, but as to other lots within the Plat and adjoining plats. No Auxiliary Use Building, once approved and constructed, shall be altered without the consent of Declarant, which approval shall not be unreasonably withheld, nor shall it be used for any purpose which would violate any other provisions of these Declaration of Restrictions. The approval and construction of an Auxiliary Use Building shall be subject to and conform with all provisions of this Declaration of Restrictions pertaining to the approval and construction of a dwelling within the Plat.
Article XVII.
Decks, Hedges, Walls and Fences
No decks, hedges, walls or fences shall be permitted on any lot within the Plat unless approved as to height, location, material, color and design by Declarant. It is Declarant's intent, in part, to maintain harmonious fence designs within the Plat and areas contiguous to the Plat. In no event shall any hedge, wall, or fence taller than four (4) feet be permitted within ten (10) feet of any property line, except the masonry wall along Park Lake Road. Any fence taller than four (4) feet shall be screened or buffered with vegetation as determined by Declarant. The vegetation shall be planted between the fence and the lot line closest to the fence.
Article XVIII.
Sidewalks
The owners of Lots 68 through 72, inclusive, shall, at their expense, construct sidewalks in the street right-of-way of Ridgepond Place adjoining their lots. The owner of Lot 68 shall only construct a sidewalk across the southerly 30 feet of the lot’s frontage on Ridgepond Place. Declarant reserves the right to construct sidewalks on any lot within the Plat at its expense. In all cases, the sidewalks shall be constructed to specifications and at locations prescribed by Declarant. In all cases construction shall be completed by the date of occupancy of the dwelling, or within one year from the transfer of title to the lot from Declarant, whichever first occurs. If any lot owner fails to timely or properly construct the sidewalk, after thirty (30) days written notice by Declarant to the lot owner, Declarant shall have the option to construct the sidewalk and the cost thereof shall immediately be due and payable and, at the option of Declarant, shall be a lien on the lot until paid, subject to foreclosure as in the case of a mortgage under the statutes of Michigan.
Article XIX.
Swimming Pools and Tennis Courts
No swimming pool shall be constructed on any lot within the Plat without plans therefore having been approved by Declarant. The plans shall include size, design, location, fencing (or other enclosure) and lighting. Approval or rejection of plans shall be governed by the procedure for approval or rejection of Architectural Prints under Article III. In no event shall a swimming pool be located within fifteen (15) feet of any adjoining lot, nor shall any such facility be used in a manner to constitute a nuisance to owners of lots within the Plat. On account of view considerations, tennis courts and other types of courts shall be prohibited without the consent of Declarant, and any consent shall be subject to approval by Declarant of size, design, location, fencing and lighting.
Article XX.
External Energy Systems
No solar collector or any other device or equipment erected either on the exterior of a dwelling or detached therefrom and designed for the production of energy for heating or cooling or for any other purpose shall be permitted without approval from Declarant.
Article XXI.
Outdoor Lighting
The placement and intensity of outdoor lighting, whether for security or ornamentation, other than decorative fixtures erected on buildings and having a maximum wattage of 100 watts, shall be approved by Declarant.
Declarant reserves the right to have street lights installed by the Charter Township of Meridian and the periodic service charges rendered by the Township, through taxation or assessment for such lighting, shall be borne by the individual lot owners within the Plat. Declarant also reserves the right to install lighting within the Plat and within the right-of-way of Park Lake Road, which, if installed, shall become Common Property unless accepted by the Charter Township of Meridian as public property. The cost of installation, maintenance, and the periodic services for such lighting if Common Property shall be paid through Common Assessments under procedures set forth in Article XXXIII. If such lighting becomes public property, the periodic service charges rendered by the Township through taxation or assessment shall be born by the individual lot owners within the plat.
Article XXII.
Subdivision of Platted Lot
No lot shall be subdivided without the prior written approval of Declarant in compliance with MCL ?560.263, being ?263 of Act 288, P.A. 1967.
Article XXIII.
Herbicide and Fertilizer Control
The water quality of lakes within Contiguous Lands is of prime importance to the owners of lands within the Plat and the Prior Plats and any Future Plat which contain these lakes or other lakes connected to these lakes. Therefore, Declarant reserves the right to regulate the type and extent of fertilizers and herbicides used by lot owners within the Plat, as well as the time for application of the same. This right is sufficiently broad to require that all or some of the lots be fertilized by an independent contractor retained by Declarant, with the costs of the same to be charged prorate to affected lots on a benefit basis, or to suspend the use of fertilizers or herbicides at certain intervals or for extended periods of time.
Article XXIV.
Damaged or Destroyed Buildings
Any building or other structure on any lot in the Plat which may be damaged or destroyed by fire, windstorm or from any other cause, shall be repaired, rebuilt, or torn down and all debris removed and the lot restored to a sightly condition with reasonable promptness. Declarant may enter on any premises where an excavation, foundation, or uncompleted building or other structure has been left without substantial and continuing building progress for more than three (3) months and cause such excavation or foundation to be filled or removed, or such uncompleted building or other structure to be demolished, the expense thereof shall be immediately due and payable to Declarant by the lot owner and shall become a lien on the property, and may be foreclosed by Declarant as in the case of the foreclosure of a mortgage under Michigan statutes.
Article XXV.
Appearance of Lots and Buildings
The owners of all occupied lots in the Plat shall keep their premises landscaped and maintain their structures in good repair, consistent with the high standards of the development in the Plat. Prior to construction of a structure on any lot, Declarant shall keep and maintain the lot in a sightly condition consistent with the high standards of the development in the Plat, causing weeds and other growth to be cut, the cost of which shall be reimbursed to Declarant from the Common Assessment portion of the Fund. Notwithstanding the foregoing, it shall be the obligation of every lot owner to prevent accumulations of rubbish and debris on the lot at all times. During any construction activity on a lot, the owner of the lot shall keep and maintain the lot in a sightly condition consistent with the high standards of the development in the Plat, causing weeds and refuse (including dust and dirt on the streets) to be closely controlled. Upon written notification from Declarant to the owner by certified mail, return receipt requested, identifying the violation, and failure of the owner to cure the violation within five (5) days after the date of mailing, Declarant may correct the violation (including entering the lot for that purpose). The cost of correction, once billed to the owner, together with interest at the maximum rate allowed by law, shall be immediately due and payable to Declarant. Additionally, the owner shall be obligated to Declarant in the amount of $250 per day from the date following the expiration of the five (5) day period through the date the violation is corrected, be it by the owner or Declarant. This amount shall be immediately due and payable from the lot owner to Declarant when billed. Should the lot owner fail to pay any monies due Declarant under the provisions of this Article when due, they shall automatically become a lien on the lot, and may be foreclosed by Declarant in the manner provided for the foreclosure of mortgages in Michigan.
Article XXVI.
Grading, Excavating and Erosion Control
The rough grading of each lot within the Plat will have been established by Declarant by the time of the initial sale of the lot. Finished grading shall not be altered substantially therefrom without the approval of Declarant. Once the final grade has been established, no modifications therefrom shall be made without the approval of Declarant. Any earth removed in grading or excavating shall be deposited at a location designated by Declarant.
To ensure that undue erosion of soil into wetlands does not occur, Declarant reserves the right to regulate and limit construction activity on any lot within the Plat and to require seeding or other soil retention measures.
Article XXVII.
Animals
No wildlife, livestock or poultry shall be kept or permitted on any lot in the Plat. Domestic animals may be kept on any lot as follows: no more than two (2) dogs; no more than two (2) cats; and no more than three (3) dogs and cats combined. The foregoing limitations on the number of dogs and cats does not apply to the newborn young of dogs and cats otherwise permitted. Domestic animals other than dogs and cats may be kept on any lot, provided that they are kept exclusively indoors. In no case shall outdoor kennels, pens or runs be maintained for any animal unless approved by Declarant, including location on the lot.
Article XXVIII.
Nuisances
The following shall be considered nuisances and shall not be permitted within the Plat, it being desirable and essential to maintain a high‑quality aesthetic living community within the Plat:
(a) Billboards or signs of any type, except as otherwise provided in Article XLI;
(b) Outdoor tanks for storage of fuel;
(c) Outdoor receptacles for ashes, garbage or refuse;
(d) Burning of garbage, refuse, brush or leaves;
(e) The parking or storing of commercial vehicles, campers, trailers, motor homes, boats, snowmobiles, or other recreational devices or vehicles unless placed wholly within an enclosed garage or other outbuilding approved by Declarant;
(f) Exterior television antennae, satellite dish communication devices greater than 36 inches in diameter, tower receiver or transmitting devices, and satellite dish communication devices 36 inches or less in diameter which are visible from any point on a public street within 200 feet of the devise;
(g) On‑site exploration or drilling of oil or gas;
(h) On‑site exploration or removal of sand, gravel or
other subsurface minerals;
(i) Outdoor clotheslines;
(j) Metal chimneys;
(k) "B type vents" of any type or for any purpose that vent through the roof;
(l) Vegetable gardens in the front or side yards, or any vegetable garden exceeding 300 square feet;
(m) Operation of snowmobiles, dirt bike‑type motorcycles, or other motorized or alternately powered recreational vehicles, except such other motorized or alternately powered vehicles that may be lawfully operated on public streets;
(n) Windmills;
(o) Airborne vehicles of any type;
(p) Camping;
(q) A home business which causes excessive vehicular traffic in the Plat or which is conducted at a time of day or night or in a manner which causes a disturbance or annoyance to residents in the Plat; and
(r) Female poplar (or cottonwood) or box elder trees.
Article XXIX.
Homeowners' Association
Declarant has established the Homeowners' Association. Copies of the Articles of Incorporation and Bylaws of the corporation, which specify the powers and obligations of the corporation, voting rights of its members and administrative structure of the corporation, shall be given to each lot owner by Declarant prior to or at closing of the sale of each lot by Declarant. Declarant reserves the right to amend the Articles of Incorporation and Bylaws at any time prior to any lot owner other than Declarant becoming a member of the corporation. Declarant shall be the only member of the corporation until such time as Declarant transfers ownership of the Common Property or portions thereof to the corporation or transfers all or any of the administration of these restrictions or restrictions pertaining to other plats in Contiguous Lands to the corporation. At such time, Declarant shall give written notice to each lot owner that transfer has been made, including the nature and extent of transfer, and that each lot owner has become a member of the corporation, and shall provide each lot owner with a copy of the then‑current Articles of Incorporation and Bylaws. Upon becoming a member of the corporation, each lot owner shall be entitled to vote and required to pay dues in accordance with the terms of the Articles of Incorporation and Bylaws.
Declarant reserves the right to extend membership in the Homeowners' Association to owners of lots in plats in Contiguous Lands, such right being exercisable before any lot owner in this Plat becomes a member, or after, or both.
Article XXX.
Use of Parks
A. Purpose of Parks. All of the Parks (as that term is defined in the Definition portions of these Restrictions), other than Tennis Park, have been established primarily for storm drainage, wetland control and aesthetic purposes, and incidentally for recreational purposes. Use of the Parks is limited and controlled as hereinafter stated to insure that the primary purposes of the Parks are maintained. All Parks are private and are solely for the use and benefit of persons as hereinafter specifically stated and subject to all restrictions on use as hereinafter specifically stated.
B. Encumbrances on Parks. Certain portions of the Parks are, and at all times will be, encumbered by the following easements which are superior to the interests of owners of lots within the Plat to use the Parks for recreational purposes:
(1) Seven (7) Conservation Easements in favor of the Michigan Department of Natural Resources, one each being recorded simultaneously with the recording of this Plat and each of the Prior Plats except the Sixth Plat and the Eighth Plat;
(2) Four (4) Floodplain Restrictions in favor of Michigan Department of Natural Resources, one each being recorded simultaneously with the recording of the First Plat, the Second Plat, the Fourth Plat and the Fifth Plat;
(3) Seven (7) separate easements in favor of the Ingham County Drain Commissioner, one each being recorded prior to the recording of and as a part of the development of this Plat and all Prior Plats except the Sixth Plat and the Eighth Plat;
(4) Two (2) separate easements in favor of the Intercounty Drainage Board for the Remy-Chandler Branch #5 Intercounty Drainage District, County of Ingham and Clinton, State of Michigan, one each being recorded prior to the recording of and as a part of the development of the First Plat and Fifth Plat; and
(5) Two (2) separate easements in favor of the Clinton County Drain Commissioner for drainage purposes, recorded simultaneously with the recording of the Tenth Plat.
C. Use of Meadow Wood Park North, Timber Meadow Park, Timber Meadow Park South, Southgate Park and Meadow Wood Park. Use of Meadow Wood Park North, Timber Meadow Park, Timber Meadow Park South, Southgate Park and Meadow Wood Park is available to: (i) Declarant; (ii) owners of lots in this Plat and the Prior Plats; and (iii) owners of lots in any Future Plat as determined by Declarant. Use of these parks shall not be subject to permit and is limited to activities which do not interfere with, damage, destroy the nature preserve and wetland character of the parks.
D. Use of Island Lake Park, Pine Hollow Lake Park, Pine Hollow Lake Park North and Pine Hollow Lake. Use of Island Lake Park, Pine Hollow Lake Park, Pine Hollow Lake Park North and Pine Hollow Lake ("the Lake Parks") is available to: (i) Declarant; (ii) lot owners in this Plat, the Prior Plats and any Future Plat whose lots abut one of the lakes in the Lake Parks; and (iii) owners of lots in the Prior Plats, this Plat and any Future Plat whose lots do not abut one of the lakes in the Lake Parks, as determined by Declarant. Use of the Lake Parks, by all lot owners, other than Declarant for maintenance and administrative purposes, shall be by permit only, under permit procedures and with permit fees established by Declarant and subject to rules and regulations established from time to time by Declarant, and subject to the following restrictions, and others herein imposed:
(1) Use by Owners in this Plat. Owners of lots in this Plat may use the Lake Parks, but only upon permit granted by Declarant.
(2) Access. Access to the Lake Parks by owners of lots in this Plat who have been granted permits shall be only at the boat launch facility between Lots 13 and 14 in the First Plat. Access at the boat launch facility shall be limited to the launching of a boat, fishing from the dock, or for pedestrian access to the lakes in the Lake Parks when the lakes are frozen. There shall be no swimming or any other activity not mentioned in the preceding sentence at the boat launch facility.
(3) The Island in Island Lake Park. The island in Island Lake Park as designated on the First Plat has been established primarily for aesthetic purposes, to be maintained with vegetation. The only area of the island to be used for recreational purposes shall be the beach at the southern tip of the island, during daylight hours, for swimming, fishing, picnicking and temporary beaching of boats. Those using the island shall keep the beach free from debris and at all times respect the rights of other to use the same area, and refrain from activities that would be a nuisance to owners of the lots within the First Plat and the Second Plat. There shall be no fires, hunting, camping, hiking, skiing or sledding on the island.
(4) Use of Lakes. The lakes shall be used only during daylight hours and only for swimming, fishing (but not ice fishing), boating (but not ice sailing), and ice skating. Only the following boats are permitted: rowboats, paddleboats, sailboats, canoes, inflatable rafts, and any boat powered by an electric motor of 5 horsepower or less, although Declarant reserves the right to operate any motorized boat for sales and maintenance purposes.
E. Use of Meadow Wood Park West. Other than the use of Meadow Wood Lake, the use of Meadow Wood Park West is available, without permit, to: (i) Declarant; (ii) owners of lots in this Plat and the Prior Plats; and (iii) owners of lots in any Future Plat, as determined by Declarant, but such use in all cases is limited to activities which do not interfere with, damage, destroy the nature preserve and wetland character of the park.
Use of Meadow Wood Lake is available, with permit, to: (i) Declarant; (ii) owners of Lots 31 and 32 in the First Plat; (iii) owners of Lot 15 in the Fourth Plat; and (iv) the owners of Lot 102 in the Fifth Plat. Access to Meadow Wood Lake shall be from the owners' lot and use of the lake shall be subject to the same requirements and limitations impose under Paragraph D(4) of this Article for the Lake Parks. Docks meeting the requirements of Paragraph I of Article XXIX of the Declaration of Restrictions for the Fifth Plat are permitted.
F. Use of Marsh Island Park and Marsh Island Lake. Other than the use of Marsh Island Lake, the use of Marsh Island Park is available, without permit, to: (i) Declarant; (ii) owners of lots in this Plat and the Prior Plats; and (iii) owners of lots in any Future Plat, as determined by Declarant, but such use in all cases is limited to activities which do not interfere with, damage, destroy the nature preserve and wetland character of the park.
Use of Marsh Island Lake is available, with permit, to: (i) Declarant; (ii) owners of Lots 33 through 35 in the First Plat; and (iii) owners of Lots 88 and 96 through 101 in the Fifth Plat. Access to Marsh Island Lake shall be from the owners' lot and use of the lake shall be subject to the same requirements and limitations impose under Paragraph D(4) of this Article for the Lake Parks. No docks shall be permitted in Marsh Island Lake.
G. Use of Tennis Park. The use of Tennis Park is available to: (i) Declarant; (ii) all owners of lots in this Plat and the Prior Plats; and (iii) owners of lots in any Future Plat, as determined by Declarant. Tennis Park has been created for recreational use. Declarant may, but in no manner is required to, construct and install a fence, a driveway, and parking area, and recreational equipment within the park, including a tennis court(s). Such facilities and equipment, if installed, shall be installed at Declarant's expense. Once installed, these facilities and equipment shall become Common Property, to be owned and maintained as provided in Article XXXI.
H. Use of Ridgepond Park and Ridgepond. The use of Ridgepond Park and Ridgepond is available, with permit, to: (i) Declarant; (ii) owners of lots in the Eighth Plat, Ninth Plat and this Plat whose lots abut Ridgepond Park; and (iii) owners of lots in any Future Plat whose lots abut Ridgepond Park. Access to Ridgepond shall be from the owners’ lot and use of the lake shall be subject to the same requirements and limitations imposed under Paragraph D(4) of this Article, for the Lake Parks. No docks shall be permitted in Ridgepond.
The use of Ridgepond Park and Ridgepond is also available, with a permit, to: (i) owners of lots in this Plat and Prior Plats whose lots do not abut Ridgepond Park; and (ii) owners of lots in any Future Plat whose lots do not abut Ridgepond Park, as determined by Declarant, but such use in all cases is limited to activities which do not interfere with, damage, destroy the nature preserve and wetland character of the park.
For use of Ridgepond Park and Ridgepond by permit, use is on the following basis:
(i) Access to Ridgepond Park shall only be through the park entrance which is between Lot 54 of the Eighth Plat and Lot 65 of the Ninth Plat on the south side of Pine Hollow Drive.
(ii) Use of the park is limited to the portion of the park lying north of the north shore line of Ridgepond.
(iii) Access to, and use of, Ridgepond shall only be from the north shoreline and is limited to fishing from the shoreline and ice-skating. No boats shall be used on Ridgepond except by owners whose lots abut Ridgepond.
I. Permits. Permits shall be issued by Declarant annually and Declarant reserves the right to limit the number of permits. All permits shall be issued for such duration and for such limited purposes as Declarant may determine. Permit fees shall be retained by Declarant. Permits may be revoked or suspended for violations of these restrictions or for violation of rules and regulations established from time to time, under procedures established by Declarant.
J. Restrictions by Declarant on All Parks. Declarant shall have the right to restrict the use of any of the Parks from time to time for any purpose, including water and wetland control and water and wetland vegetation maintenance, and shall have the right to chemically treat and alter the level of bodies of water as necessary for these purposes. Declarant shall also have the right to alter the level of any body of water in any Park as necessary to enable Declarant to dredge in any Park or any other part of the Contiguous Lands.
K. Transfer of Administration. Administration of the provisions of this Article shall be undertaken by the Homeowners' Association only at such time as Declarant make specific transfer of such powers, which may occur after transfer of ownership of the Parks to the Homeowners' Association.
L. Extensions of Parks. Except as otherwise provided in Article XXXVII, if any park as created in a Future Plat ("Future Park") abuts one of the Parks, the Future Park shall be available for use by owners of lots in this Plat only by specific reference to such use in the restrictive covenants for the plat containing the Future Park and only on such terms and conditions prescribed therein.
Article XXXI.
Ownership and Maintenance of Common Property
Ownership of the Common Property as of the date hereof is vested in Declarant. Declarant shall maintain and shall retain ownership and control of the Common Property until such time as Declarant determines it advisable to transfer ownership to the Homeowners' Association. The cost of maintenance of the Common Property shall be borne equally by owners of lots within this Plat and the Prior Plats, and as any Future Plat is developed, the costs of maintenance shall be spread equally among lot owners of this Plat, the Prior Plats, and such Future Plat on the basis of benefit. Costs of maintenance under this Article shall be paid and assessed under assessment procedures and formulas established under Article XXXIII.
As any Future Plat is developed, and property therein is designated as Common Property by Declarant, and as other property in the Prior Plats or this Plat is designated by Declarant as Common Property, and to the extent the lots within this Plat are benefited by such Common Property, the costs of maintenance thereof may be assessed against owners of lots within this Plat and such Future Plats on the basis of benefit under assessment procedures and formulas established under Article XXXIII.
Article XXXII.
Park Lake Road
Right-of-Way Maintenance
To retain and enhance the aesthetic features of all plats developed by Declarant within the Contiguous Lands, Declarant may landscape the east side of the Park Lake Road right-of-way adjacent to the west boundary of the First Plat, the Second Plat, the Third Plat, the Fifth Plat and the Seventh Plat. While this land is not within any plat, it shall be maintained at all times by the Homeowners' Association, once transfer of Common Property has been made by Declarant to the Homeowners' Association. Prior to this transfer, Declarant shall undertake the maintenance, the cost thereof to be borne equally by all lots owners within this Plat and the Prior Plats.
As any Future Plat is developed by Declarant, the cost of maintenance shall be spread equally among lot owners of this Plat, the Prior Plats and such Future Plat. As any Future Plat is developed which abuts Park Lake Road, the landscaping along the Park Lake Road right-of-way may be extended within such Future Plat, and the cost of maintenance thereof shall be spread equally among owners of lots within this Plat, the Prior Plats and each Future Plat, whether or not such plats abut Park Lake Road.
Costs of maintenance under this Article shall be included as part of the Common Assessments under assessment procedures established under Article XXXIII.
Article
XXXIII.
Assessment Procedures
Assessments for the cost of maintenance of Common Property as detailed in Article XXXI, the Park Lake Road right-of-way as detailed in Article XXXII, the board fence and brick columns within the Third Plat, wildlife within the Prior Plats, this Plat and Contiguous Lands, wetlands in this Plat and wetlands and lakes outside of this Plat, and other items as specified elsewhere in these Restrictions, shall be made on the basis of benefit. There shall be two types of assessments known as the Common Assessment and the Individual Assessment. Annual assessments shall be made for both the Common Assessment and the Individual Assessment on a calendar year basis, in advance, under the following procedures:
A. The cost of maintenance of items benefiting all lots owners equally, such as but not limited to maintenance of the Park Lake Road right-of-way, maintenance of unoccupied lots, maintenance of the facilities in Tennis Park, and maintenance of the entrance signs and the brick and mortar wall along Park Lake Road, shall be assessed equally to all lot owners in this Plat, the Prior Plats and each Future Plat. This assessment is hereinafter referred to as the "Common Assessment." The Common Assessment shall be based on the total estimated cost of maintenance of items covered by this subparagraph. The 2000 annual assessment is estimated to be $150. If during any year the total accumulations from the Common Assessments are not sufficient to pay the costs to be assessed under this paragraph, supplemental assessments may be made.
B. The cost of maintenance of items affecting lot owners differently, depending upon location within this Plat, the Prior Plats, and each Future Plat, such as but not limited to maintenance of the Parks and Common Property taxes, shall be assessed to lot owners in this Plat, the Prior Plats and each Future Plat on a formula basis. This assessment is hereinafter referred to as the "Individual Assessment." The formula is based on a ratio of 4:2:1 as follows, based on the lots contained in this Plat and the Prior Plats:
Factor of "4":
Lots 10 through 35 of the First Plat;
Lots 36 through 47 of the Second Plat;
Lots 1, 2 and 15 of the Fourth Plat;
Lots 88 and 96 through 102 of the Fifth Plat;
Lots 51 through 54 of the Eighth Plat;
Lots 65 through 67 of the Ninth Plat; and
Lots 68 through 71 of this Plat.
Factor of "2":
Lots not described in the above category, but which by permit issued during the immediately preceding 12-month period have had the right to use either Island Lake Park, Pine Hollow Lake Park, Pine Hollow Lake, Ridgepond Park or Ridgepond; and
Factor of "1":
Lots not falling within either category described above.
Should Pine Hollow Lake be extended to within thirty (30) feet of the southerly boundary of Lots 4, 7 or 8 of the Fourth Plat, the lots to which the lake is extended shall then and thereafter have a factor of "4."
The Individual Assessment shall be based on the total estimated cost of maintenance for the ensuing calendar year for which there is no reserve, as well as a reserve to cover costs to be incurred in