Covenants
05/19/2006 10:44 7067787061 EAGLE GREENS LTD PAGE 02
After recording, return to:
Gary N. Freeman
Attorney At Law
P.O. Box 10
Maysville, Georgia 30558
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE SANDY CREEK SUBDIVISION
THIS DECLARATION is madc this 28th day of March, 2005, by Eagle Greens Chattahoochee, LLC, a Genrgia limited liability company (hereinafter called the "Developc");
WITNESSETH
WHEREAS, Developer owns all that tract or parcel of land lying and being in the 255th G.M. District, Jackson County, Gorgia, known as "Sandy Creek Subdivision' (the "Dcvelopment) designated as Tract 1, containing 85.270 acres, more or less, shown on that certain plat of survey for Eagle Greens Chattahoochec, LLC, Empire Financial Services, Inc, and LandAmerica Lawyers Title Insurance Corporation, dated January 21, 2005, revised March 17, 2005, prepared by Wood Brothers Land Surveyors, Inc., Warren S. Wood, GRLS No. 2849, (the "Survey').
Development is more particularly described on Exhihit "A" which is attached hereto and made a part hereof by reference; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a Lot (as hercinafter defined) which is made subject to this Declaration does automatically and by reason of such ownership, and by reason of this Declaration, become subject to the terms and conditions of this Declaration;
WHEREAS, Developer intends that every Owner of a Lot which is made subject to this Declaration does automatically and by reason of such ownership, and by reason of this Declaration, become a member of the Association and subject to its valid rules and regulations and subject to the assessment by the Association pursuant hereto;
NOW THEREFORE, the Developer declares that the properties which are made subject to this Declaration pursuant to Article 2 hercof are and shall be held, transferred, sold, conveyed and occupied subject to the Covenants and Restrictions hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such property. Such Covenants and Restrictions are and shall be binding on all partics having and acquiring any right, title or interest in such property or any part therepf and shall inure to the bencft of cach Owner
ARTICLE 1
Definitions
The following terms when used in this Declaration of Covenants (unless the Context shall clearly indicate to the contrary) shall have the following meaning:
(a) "Association" shall mean and refer to Sandy Creek Homeowners Association of Jackson, Inc., a non-profit corporation organized or to be organized under the laws of the State of Georgia.
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(b) "Common Areas shall mean that portion of the Development described on the Survey and any other portion of the Development which may be designated as Common Area by Developer from time to time.
(c) "Covenants and Restrictions" shall mean and refer to all covenants, restrictions, casements and charges and liens set forth in this Declaration.
(d) "Developer" shall mean Eagle Greens, Ltd., its successors and assigns.
(c) "Golf Course" shall mean the Sandy Creek Golf Course and any other amenitics which are now or may hercafter be located on the property described on the Survey.
(f) "Golf Course Owner" shall mean Eagle Greens Chattahoochec, LLC and its successors and assigns who may become owners of the Golf Course from time to timc.
(8) "Lots" shall mean and refer to each single family detached housc and/or cach single lot of subdivided property intended for a single family detached house or any other equivalent form of residential building located on the Restricted Property.
(h) "Mortgage" shall mean and refer to any sccurity instrument by means of which title to any of the Subject Property is conveyed or encumbered to securc a debt, including, withour limiting the generality of the forgoing, security decds, deeds to secure debt, mortgages and deeds of trust.
(i) "Owner" shall mean and refer to any Person (as hereinafier defined) who is or shall be a record owner by purchase, transfer, assignment or foreclosure of a fec or undivided fee interest in a Lot (as hereinafter defined) or other portion of the Restricted Property (as hereinafter defined); provided, however, that any Person who holds such interest merely as scourity for the performance of an obligation shall not be an Owner.
(i) "Person" shall mean and refer to any natural person, corporation, partnership, limited partnership, limited liability company, joint venture, association or any other such entity.
(k) "Restricted Property" shall mean and refer to all real property as set forth in Article 2 of this Declaration.
ARTICLE 2
Property Subject to Declaration; Effect Thereof
Section 1. Property Hereby Subjected to This Declaration.
This Declaration is hereby imposed upon the real property described in Exhiblt "A" attached hereto and by this reference made a part hereof (the "Restricted Propcrty"), and the Developer hereby subjects the Restricted Property to this Declaration, which shall hereafter be held, transferred, sold, conveyed, used, leased, occupied and mortgaged or
Section 2. All Restricted Property Bears the Burden, and Enjovs the Benefits, of This Declaration.
Every person who is or shall be a record owner by purchase, transfer, assignment or foreclosure of a fec or undivided fee interest in any portion of the Restricted Propcrty does agree and shall be deemed by reason of taking such record title to agrec to all of the terms and provisions of this Declaration.
ARTICLE 3
The Association; Automatic Membership and Voting
: Rights Therein.
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Section 1. The Association.
The Developer has caused, or shall cause, to be formed and incorporated under the laws of the Staic of Georgia a nonprofit Georgia corporation to be known as Sandy Creek Homcowners Association of Jackson, Inc.
Section 2. Membership.
Every person who is an Owner is and shall be a member of the Association; provided, however, that any Person who owns such interest merely as security for the performance of an obligation shall not be a member of the Association.
Section 3. Classes of Membership; Voting Rights.
The Association shall have two classes of membership; Class A and Class B.
(a) Class 4. Class A members shall be those persons holding an interest required for membership as specified in Section 2 of this Article 3 with the exception of the Developer. Except as otherwise provided herein, Class A membership shall be a nonvoting membership except on such matters and in such events as are hereinafter specified. Class A members shall be entitled to full voting privileges:
(i) At such time as the Class B members shal). so designate by notice in writing delivered to the Association, or
(ii) On the Ist day of January, 2008,
whichever shall frst occur.
Before the carlier of these events, the Class A members shall be entitled to vote only on:
(i) Any proposal or change of method of calculating the maximum amount of the annual assessment set by the Association;
(ii) Any proposal that is a special assessment levied by the Association, oxcept as otherwisc specifically hercin provided;
(iii) Any proposal of merger, consolidation or dissolution of the Association;
(iv) Any proposa) to amend this Declaration or the Articles of Incorporation of the Association; and
(v) Any other matter for which it is herein specifically provided that approval of all classes of membership is required.
When entitled to vote, Class A members shall be entitled to one vote for each Lot in which they hold any interest required for membership under Section 2 of this Article 3. When more than onc person holds an interest in a Lot the vote for such Lot shall be exercised as they among themsclves determine, but in no event shall more than onc voic be cast with respect to any such Lot.
(b) Class B. The Developer shall be the sole Class B momber. Class B membership shall be full voting membership, and, during its existence, the Class B member shall be entitled to vor on all matters and all cvents. The Class B member shall be cntitled to one vote for each Lot in which it holds any interest. At such time as the Class A members shall be entitled to full voting privileges, the Class B membership shall automatically terminatc and cease to
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Section 4. Special Assessments.
Upon the affirmative vote of the holders of fifty-one percent (51%) or more of the vote of those then entitled to vote of all classes of membership of the Association, the Association may levy and collect a specific special assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstniction or unexpected repair or replaccment of a capital improvement of any common areas or facilities related thereto.
Section 5. Equality of Assessment among Lols.
No Lot within the Restricted Property shall bear a higher assessment than any other Lot within the Restricted Propcrty cxcept that, until such time as the Class A members shall be entitled to full voting privileges in accordance with Article 3 of this Declaration, the Class B members may, but shall not be obligated to, bear a greater assessment burden than Class A members while the Class B members may be subsidizing the Association. Class B membership shall at no time be obligated to pay any assessment.
Section 6. Notice of Annual Assessments; Due Dates.
(a) The Association shall send written notice of the annual assessment and the amount of such assessment to every member subject thereto at least sixty (60) days in advance of the duc datc of cach annual assessment. Unless otherwisc provided by the Association, the entire amount of the annual assessment for each Lot shall become due and payable to the Associntion on the Ist day of January of cach ycar and shall be paid to the Association without further notice from the Association; provided however that in the event the Board of Dircctors shall fail to send written notice of the annual assessment to members at least sixty (60) days prior to the annual assessment date, the payment for the annual assessment shall not be duc until sixty (60) days after such notice is given; the failure to notify sixty (60) days prior to the annual asscssment date shall not, however, reduce the amount of the assessment due and payable. The annual assessment shall be catablished on a calendar year basis and shall cominence as to each member when he becomes a member pursuant to Section 2 of Article 3. The first annual assessment payable to the Association with respect to a Lot shall be adjusted according to the number of days remaining in the calendar year following the date a member becomes a member.
(b) The Association shall, upon demand at any time, furnish to any member liable for any asscssment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonabic charge, as determined by the Association may bc madc for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid
Section 7. Effect of Nonpayment of Assessment: Personal Obligation; Lien: Remedies of the Association.
(a) If an assessment is not paid on or before the date when duc, then such assessment shall. become delinquent and shall, together with interest thercon and the costs of the collection thereof, thereupon become a continuing lien on the delinquent members' property which shall bind such property in the hands of the then Owner, his heirs, designees, personal representatives, successors and assigns. In addition to the lien rights, the personal obligation of the then Owner to pay such assessments shall remain his personal obligation and shall also pass to his successors in titc. Such Owners shall nevertheless remain as fully obligated as before to pay to the Association any and all amounts which he was obligated to pay immediately preceding the transfer; and such Own and such successors in title shall be jointly and severally liable with respect thercto, notwithstanding any agreement between such Owners and successors in titlc creating any indemnification of the Owner or any relationship of principal and surcty as between themselves.
(b) If assessment is not paid within thirty (30) days after the due date, such assessment shall bear interest from the date of the delinquency at the lesser of the highest rate permited by law or ton percent (10%) per annum, and the Association may bring legal action against the Owncr personally obligated to pay the same or forcclose its lien against such Owner's property in which cvent, interest, costs and attomey's fees equal to fificen percent (15%) of
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the principal amount shall be added to the amount of such asscssment as may then be due. Each Owner by acceptance of a deed or other conveyance of his or her property, invests in the Association or its agents the right and power to bring all actions against him or her personally for the collection of such charges as a debt and to forcclose the aforesaid lien in an appropriatc proceding. The lien provided for in this Article 4 shall be in favor of the Association and shall be for the benefit of all other members. The Association acting on behalf of the other members shall have the power to bid in the Owners' property at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No member may escape liability for the assessment provided for herein by nonusc of any common arcas or other facilities. The Association shall not waive any liens or rights it may have against any member without the approval of holders of eighty percent (80%) or more of the vote of those members then entitled to vote.
(c) If the assessment is not paid within thirty (30) days after the due date, the Association may also suspend the membership rights of the delinquent member, including the right to votc, the right of enjoyment in any common arcas or other facilitics and the right to receive and enjoy services and other benefits as may then be provided by the Association. Any such suspension shall not affect such members' obligation to pay assessments due during the period of such suspension and shall not effect the permanent charge and lien on such members' property in favor of the Association.
Section 8. Subordination of Charges and Liens to Mortgages.
(a) The liens and permanent charges of all assessments and charges authorized hercin (annual, special or otherwise) with respect to any Restricted Property is hercby made subordinate to the lien of any first mortgage placed on such property if, but only if, all assessments and charges with respect to such property authorized herein having a due date on or prior to the date the mortgage is filed of record have been paid. The liens and permanent charges hereby subordinated are only such liens or charges as relate to assessments and charges authorized hercunder having a due date subsequent to the date such mortgage is filed of record and prior to the satisfaction, cancellation or forcclosure of such mortgage or the salc or transfer of the mortgaged properly pursuant to any proceeding in lieu of foreclosure or the sale of transfer of the mortgaged property pursuant to a sale under power contained in such mortgage.
(b) Such subordination is merely a subordination and shall not relieve the Owner of the mortgaged. property of his personal obligation to pay all assessments and charges coming due at any time when he is the Owner of such property; shall not relieve such property from the liens and permanent charges provided for herein (except to the extent a subordinated Jien or permanent charge is extinguished as a result of such subordination as against a mortgagec or such mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such property to the mongagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other procceding in lieu of forcclosurc or pursuant to a salc under powcr, shall relieve any existing or previous Owner of such property of any personal obligation or relieve such property or the then. Owner of such property from liability for any assessment or charges authorized hereunder.
ARTICLE 5
Administration
Section 1. Responsibility of the Association.
The maintenance, repair and opcration of the subdivision Common Areas, other facilities and the Entrance Arcas shall be the responsibility of the Association.
Section 2. Management and Maintenance Agreement.
The Association may enter into such management and maintenance agreements as are necessary or desirable for the administration and maintenance of the common arcas, other subdivision facilitics and the Entrance Arcas. In the cvent the Association shall determine to place improvements on the common areas or other subdivision facilities pursuant to this Declaration and enters into a management agreement for the operation of such facilities and
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improvements, the manager shall exercise all the powers and shall be responsible for the performance of all the duties of the Association, except those powers and duties specifically and exclusively assigned to the officers of the Association by this Declaration. Any management agreement which is to be entered into shall provide for the compensation to be paid, the term thereof, which shall not exceed one year, and the manner in which and the terms upon which such agreement may be terminated, which shall include the right of termination sixty (60) days after fifty-one percent (51%) of the members then entitled to votc, affirmatively vote to so terminate such contract.
Section 3. Limitations of Liability; Indemnification.
Notwithstanding the duties of the Association to maintain and operate the common areas, the other facilities and the Entrance Areas, the Association shall not be liable for injury or damage caused by the latent condition thereof nor for injury caused by the elements, members or other persons; nor shall any officer or director of the Association be liable to any person for injury or damage by such officer or director in performance of the duties hereunder wnless due to willful misfeasance or malfeasance or gross negligence of such officer or director. Each officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorey's fees, reasonably incurred or imposed upon him in connection with any proceeding to which he may be a party or in which he may become involved by reason of his being or having been an officer or director of the Association, and any settlement, whether or not he is an officer or director of the Association at the time such expenses and liabilities are incurred, except in such cases where the officer or director is adjudged guilty of willful misfeasance or malfeasance or gross negligence in the performance of his duties; provided that in the event of a settlement the indemnification shall apply only when the Board of Directors of the Association approves such settlement and reimbursement as being in the best interests of the Association.
ARTICLE 6
Insurance and Casualty Losses
Section I. Insurance.
The Association or its duly authorized agents shall have the authority to and shall obtain instancc for all subdivision common areas and other facilities against loss or damage by firc or other hazards, including extended coverage, vandalism, and malicious mischicf, in amounts sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard and shall also obtain a public liability policy covering the Association and any of its agents. All such insurance coverage obtained by the Association shall be written in the name of the Association, all such policies shall be written by a company licensed to do business in the Statc of Georgia and all policics shall be for the benefit of the Association and its mortgagees, if any, as their interests may
ARTICLE 7
Restrictive Covenants
Section 1. Use of Lots.
All Lots shall be used for singlc-family residential purposes exclusively. No business or business activity shall be carried on or upon any Lot at any time. Leasing of a Lot for single family residential purposes shall not be considered a business or business activity. No building shall be crected on any Lot to be used as a school, church, childcarc facility or kindergarten.
Section 2. Signs.
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No sign of any kind shall be displayed on a Lot by an Owner or Occupant of a Lot except: (a) such signs may be required by legal proccedings: and (b) not morc than one 'For Sale" sign having a maximum area of four (4) square feet.
Section 3. Vehicles.
The term 'vehicle" as used herein shall include, without limitation, motor homcs, boats, trailers, motorcycles, mirubikes, scooters, go-carts, trucks, campers, buses, vans and automobiles. All vehicles must be parked within garages, driveways, and/or other paved parking areas. Any recreational vchicles, large (ricks, large vans, trailers, boats or buses parked on any Lot shall not be visible from any street or from the Golf Course. No commercial vehicles, as defined by the Georgia Department of Transportation as any vehicle with a Gross Vehicle Weight of more than 26,001 pounds may be stored or parked on any Lot except while engaged in transporting iters to and from a Lot. Vehicles depicting a logo or company name shall be permitted provided: (a) they are not in violation of the above-defined standards; (b) should the logo or company name be removed, the vehicle would be non-descriptive from any other vehicle owned for personal use; and (c) the vehicle has no exterior racks of any kind. Parking on streets or in yards within the Development is prohibited. Lot owners' visitors may temporarily park on the street as long as the parked vehicle is not offensive to other property owners in the Developinent and does not hinder other property owners' access to their driveways or public access to the Golf Course. Motorcycles and motorized all terrain vehicles are hereby prohibited from usc in the Development, whether the property is developed with final platted Lots or undeveloped
Section 4. Animals and Pets.
No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of not more than three (3) dogs, cats, or other usual and common household pets. Those pets which are permitted to roam free, or endanger the health, make objectionable noise, or constitute a nuisance or inconveniencc to the Owners of other Lots or the owner of any property adjacent to the Development are not permitted. No pets shall be kept, bred or maintained for any commercial purposc. Dogs that are houschold pets shall at all times, whenever they are outside a Lot, be contained on a leash. No houschold pet that has caused damage or injury may be walked in the Development.
Section 5. Nuisance.
It shall be the responsibility of each Owner and Occupant to prevent the existence of any unclean, unhcalthy, unsightly, or unkempt condition of his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the cyc; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peacc, quiet, safety, comfort or screnity of the occupants of surrounding property. No noxious or offensive activity shall be carried on lipon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpicasant, or of a natuc as may diminish or destroy the enjoyment of the Development. Without limiting the generality of the forgoing, no speaker, hom, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposcs, shall be located, installed or maintained upon the exterior of any Lot unleas required by Law. The detcrmination by cither the Developer or the Golf Course Owner that a nuisance cxists shall be conclusive evidence that this Section has been violated.
Section 6. Unsightly or Unkempt Conditions.
The pursuit of bobbics or other activitics, including specifically, without limiting the generality of the toregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Development.
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Section 7. Standards.
Other than one principal dwelling on a Lot meeting all conditions of these restrictions, no exterior construction, alteration, addition, or structure of any nature whatsoever (including, without limitation, fences, pools, tennis courts, exterior lighting, tree houses and play equipment) shall be commenced or placed upon any part of the Development except such as is approved in accordance with this Section, or as is otherwise cxpressly pormitted herein. No exterior construction, addition, structure, or alteration shall be made unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location shall have been submitted in writing at least fourteen (14) days prior to the commencement of construction, and approved by the Association, the Developer and the Golf Course Owner, which approval may be withheld in their absolute discretion. The lack of a response shall be deemed to constitute a disapproval. In the event at any time the Developer provides architectural or other standards to the Association, such standards must be strictly adhered to.
Section 8. Antennas.
Exterior antennas, including without limitation, satellite dishes shall be allowed upon any Lot only as follows:
(a) To the extent that reception is not substantially degraded or costs unreasonably increased, all such antennas and satellite dishes shall be shielded from view from any street and the Golf Course to the maximum extent possible, shall be painted to match the background, and placement shall be made in the following order of preference:
1. Inside the structure of the house not visible from any street;
2. The backyard not visible from any street or the Golf Course;
3. The back rooftop not visible from any street or the Golf Course;
4. The side yard;
5. The front rooftop; and
6. The front yard.
(b) Only if no other placement allows for the linc of sight connection to a satellite or other transmitting resource shall placement in the front yard or on the front roof of any structure visible from any strect or the Golf Course or clevated above ground level mounting visible from a street or the Golf Coursc be allowed.
(c) If more than one location on the Lot allows for adequate reception, the order of preferenc described in paragraph (a) herein shall be used and the least obtrusive site shall be selected.
(d) No antenna or dish shall interfere unrcasonably with the usc of any adjoining Lot or common
(e) Invalidation or unenforceability of any provision of this Section, or the application to any person or circumstances by court order otherwisc shall in no way affect any of the other provisions of this Section, or the enforceability thereof, or the application thercof to any other person or circumstance and the saine shall remain in full force and cffect.
Section 9. Landscaping, Gardens, Etc.
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Grass, ornamental plants and shrubbery (and only the foregoing) may be planted in the front or side yard of any Lot, or in the backyard facing the Golf Coursc. All landscaping must be maintained in an attractive condition. All other planting, including gardens, must be placed in the rear of the home and not be visible from the street or Golf Cousc. Overseeding of lawns shall not be disallowed pursuant to this Section. No hammocks, statuary, or recreationa) equipinent may be placed, erected, allowed or maintained upon the front or side yard of any Lot or in any area visible from the Golf Course. Basketball goals may be installed and must be kept in good repair and kept in accord with Section 5 of this Article.
Section 10. Tree Removal.
No trees which are left on the Lot at the time of first sale by the Developer shall be removed except for (a) diseased or dead trees; and (b) trees needing to be removed to promote the growth of other trees, without the consent of the Association, the Developer and the Golf Course Owner. No stumps may be left above ground level. on any
Section ! I. Lighting.
The following lighting may be installed: (a) seasonal decorative lights during the Christmas season; (b) illumination of other than the front or side yards of a Lot; (c) illumination of model homes and entrance features constructed by the Developer; and (d) other lighting originally installed by the Developer. All lighting must comply with Section 5 of these covenants. Only decorative post lights in conformity with established street lighting shall be
Section 12. Drainage.
Catch basins and drainage arcas shall be for the purposc of natural flow of water only. No obstructions or debris shall be placed in these arcas. No Owncr or Occupant of any Lot may obstruct or rechannel the drainage flows after location and installation of drainage swalcs, storm sowers, or storm drains. Rights exercised pursuant to such rescryed casement shall be cxercised with a minimum of interference to the quiet enjoyinent of affected. property. Reasonable steps shall be taken to protect such property, and damage shall bc repaired by the Person causing the damage at its sole expense. The Owner of each Lot shall be responsible for grading and landscaping thc Lot in such a manner as to avoid unreasonable storm water runoff on to other Lots and the Golf Course. The Golf Course Owner shall not be responsible for storm water runoff from the Golf Course onto any Lot or Common Areas.
Section 13. Sight Distance at Intersections.
All property located at street intersections shall be so landscaped as to permit safe sight across the strect comers. No fence, wall, hedge, or shrub planting shall be placed or pennitted to remain at any comer where such item would create a traffic or sight problem.
Section 14. Additional Conditions.
The following additional restrictions shall apply:
(a) No temporary housc, shack, tent or trailer shall be crected on any Lot.
(b) No residence having less than 2000 square feet of indoor heated area with a basement (but not including the bascment square footage) or less than 2400 square feet of indoor heated area without a basement shall be erected on any Lot. No mobile homes or manufactured homes, whether single wide or double wide, shall be
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(c) Except for and during the construction process, no accumulation of discarded personal effects, debris, waste, garbage, or other unsightly objects or matter will be permitted on any Lot. All garbage cans shall bc concealed from vicw of the street, neighboring property and the Golf Course.
(d) Exterior of houses shall be of hardboard siding, brick vencer, stucco, or comparable materials. No exposed concrete blocks or walls shall exist on any sides.
(e) No overhead utility lines, including lines for cable television, shall be permitted on any Lot, except for temporary lines as required during construction and lines installed by or at the request of the Developer.
(f) No window air conditioning units may be installed that are visible to the street, neighboring property or the Golf Course.
(g) No above ground pool shall be constructed, erected or maintained upon any Lot. Below ground pools may not be constructed in front or side yards, and must conform with Section 5 of this Articlc.
(h) The lawn of each Lot between the front dwelling line and the street as well as any lawn within. view of the Golf Course must be sodded with a lawn grass approved by the Association and the Golf Coursc Owner.
(i) All mailboxcs located on Lots shall be maintained in a good state of repair; and shall remain the uniform color of all other mailboxes in the Development as approved by the Association.
(i) No residences shall be crected on any Lot without a double garage. Open car ports may be approved by the Association in its discretion.
(k) No statue or statuary (concrete/cement figures, birdbaths, etc.) of any type shall be permitted on the front or side yards of any Lot.
The Association, and the Developer and the Golf Coursc Owner may withhold any approval called for in this Declaration for any reason, including purely aesthetic considerations, and shall cach be entitled to stop any construction in violation of these restrictions. The representatives of the Association, the Developer and the Golf Course Owner shall have the right, during reasonable hours, to enter upon any Lot to inspect any Lot and any improvements thereon for the purposc of ascertaining whether or not there has been compliance with thesc restrictive covenants. Such person or persons shall not be decmed guilty of trespass by reason of such entry. The Golf Course Owner is hereby declared to be a third party bencficiary of this Declaration.
Section 15. Clothes Lines, Garbage Cons, Woodpiles, Elc.
All clothes lines, garbage cans, wood pilcs, and other similar items shall be located and screened so as to be concealed from view of neighboring Lots, streets, Golf Course, and property located adjacent to the Lot. All rubbish, trash, and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate.
Section 16. Subdivision of Lots.
No Lot shall be further subdivided; Developer, however, hereby expressly reserves the right to replat any Lots) or other property in the Development. Any such division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
Section 17. Guns.
The use of firearms in the Development is prohibited. The term "firearms" includes, but is not limited to, "B-B"' guns, pellet guns, archery cquipment and other firearms of all types.
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Section 18. Solar Devices.
No artificial or man-made device which is designed or used for collection of or heating by solar energy or other similar purposes shall be placed, allowed, or maintained upon any portion of the Devclopment, including any Lot, except that it conforms with Section 5 of this Article, and any such device may not cver be visible from the
Section 19. Fences.
All fences shall be constructed of wood and may have black, pvc coated chain link placed against the interior of the fence to serve purposes for pets, but must be constructed in accordance with Section 5 of this Article. All fences visible from the Golf Course must have the prior approval of the Golf Course Owner.
Section 20. Exterior Colors.
The exterior of all improvements including, without limitation, residences, constructed, erected, allowed, or maintained upon any Lot must be painted or repainted in a color used by the Dovcloper in the original construction and marketing of residences within the Devclopment or in a color approved by the Association that is in keeping with the Development, and if visible from the Golf Coursc, the Golf Course Owner.
Section 21. Detached Structures.
No detached structures shall be placed, crected, allowed, or maintained upon any Lot unless they are consistent in design, materials and color with the dwelling on the Lot, and they conform with Section 5 of this Article. Any such structures vicwable from the Golf Course must receive the prior approval of the Golf Course Owner.
Section 22. Entry Features and Street Signs.
Owners shall not alter, remove, or add any improvements to any entry featurcs or strect signs on any Lot, or any part of any casement arca associated therewith.
ARTICLE 8
Easements and Other Rights
Devcloper, in addition to any other easements granted or reserved hercin, hercby reserves unto itself, its successors and assigns the following non-exclusive casements on, upon, over, across, through and under the Restricted Property for the bencfit of the Golf Course. In addition Developer hereby reserves unto itself, its successors and assigns, the right to reserve or grant additional cascments on, upon, over, across, through and under any common areas and any portion of the Restricted Property owned by Developer as deemed to be in the best interests of and proper for the Development and the Golf Course.
Section I. Easements and Cross-Easements on common areas.
Developer, for itself and its designees, reserves the right to impose upon any common areas henceforth and from time to time such easements and cross-easements for ingress and egress, installation, maintcnancc, construction and repair of utilities and facilities including, but not limited to, electric power, telephone, cable television, master antenna transmission, surveillance services, govermental and quasi-govemmental purposes, sewer, water, gas, drainage, irrigation, lake maintenance, storm water management, lighting, television transmission, garbage and wasic removal, emergency services, and the like as it deems to be in the best interests of, and necessary and proper for, the
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Development or any portion thercof.
Section 2. Use of Common Areas.
Developer declares that any common areas are subject to a perpetual nonexclusive casement in favor of Developer and its family members, guests, invitees and lessecs, and appropriate govermental and quasigoverumental agencies to use any common areas for all proper and normal purposes including, but not limited to, ingress, egress and access for the furnishing of services and utilitics and for such use of the facilitics as the same are reasonably intended in accordance with the terms of this Declaration. If ingress or egress to any Lot or other portion of the Restricted Property is through any Common Area, any conveyance or encumbrance of such arca is subject to this easement.
Section 3. Right-of-Way Over Roadways.
Developer hereby reserves, for the bencfit of itself, its agents, employees, lessces, invitees, designecs, successors and assigns, and to all govermental and quasi-governmental agencies and servicc entitics having jurisdiction over the Restricted Property while engaged in their respective functions, a perpetual non-exclusive easement, license, right and privilege of passage and use, both pedestrian and vchicular, over and across the roadways in the Development for the purpose of providing access, ingress and egress to and from and through the Golf Coursc.
Section 4. Right of the Developer to Enter Upon the Common Areas and Maintenance Areas.
Developer hereby reserves for the bencfit of itself, its successors in interest and assigns, an casement for ingress, egress and access to enter upon or over any common arcas and maintenance areas in the Development for the purposes of inspecting any construction, proposed construction, or improvements. Such easement includes an easement in favor of the Developer to enter upon any common areas and maintchance arcas now or hereafler created to usc, repair, maintain and replace the same for the purposes for which they are initially designated or for such purposes as they are hereafter redesignated or as Developer otherwisc determines them to be reasonably suited. Notwithstanding the foregoing, nothing contained hercin shall be interpreted as imposing any obligation upon the Developer to maintain, repair, or construct improvements.
Section. S. Easement for Encroachments.
Developer hereby rescryes, for the bencfit of itself, its successors in interest and assigns, easements for encroachments, to the extent necessary, in the event any portion of the improvements located on any portion of the Golf Coursc now or hercafter encroaches upon any portion of the Restricted Property as a result of minor inaccuracies in survey, construction or reconstruction, or due to settlement or movement. Any casement(s) for encroacument suall include an easements) for the maintenance and use of the encroaching improvements in favor of Developer and all its designees.
Section (. Easement Regarding Golf, Tennis or Other Recreational Use.
Devcloper and visitors to the Golf Coursc shall have a perpetual, non-exclusive casement in their favor to
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use the roadways and entrance ways and any common arcas as necessary during any use of the Golf Course or other facilities or as a spectator, worker or surveyor at or for any tournament or activity in connection therewith for the purposes of ingress, egress and access to such facilitics. In addition. Developer horcby reserves for the bencfit of the Developer and its members, visitors, agents and employees, nonexclusive perpetual casements over, across and under certain portions of cach Lot, those portions being ten (10) feet along all side and rear Lot lines, for the following purposes, including the installation, maintenance, repair and removal thereof:
(a) rights-of-way for pedestrian access, ingreas and egress to and from the Golf Course; and
(b) rights-of-way for golf cart, golfing individuals and maintenance vehicle access, ingress and egress to and from the Golf Coursc.
Any disputes as to the extent of any of the abovc-described easements during the term of this Declaration shall be determined by Developer in its sole and absolute discretion. Developer rescrves the right to impose upon thc Restricted Property such other easements as arc required for the enjoyment of the Golf Course or other facilities.
Section 7. Easements for Errant Golf Balls; Limisation of Liability.
Every Lot, common area and all other portions of the Restricted Property arc hereby burdened with an easement in favor of any golfer at the Golf Course for the purposc of retrieving ertant golf balls. The Developer shall not be responsible or liable in any way for any disputes between an Owner and any person using the Golf Course. All Owners, by acceptance of delivery of a deed to the respective Lot or other portion of the Restricted Property, for themscives, their contractors, subcontractors, guests and invitees, successors in interest and assigns, assumc all risks associated with errant golf balls, and all Owners agree and covenant for themselves, their contractors, subcontractors, guests and invitees, successors in interest and assigns, not to make any claim or institute any action whatsoever against Developer, the architect of the Golf Course, or any officers, dircctor, employees, agents or affiliates of any of them, or their respective assigns, or their invitees arising or resulting from any errant golf balls or any damages that
Section 8. Maintenance Areas.
Developer hereby reserves, for the benefit of itself and its successors in interest and assigns, the following noncxclusive perpetual easements over certain arcas of the Restricted Property as hercinafter described for the purposes hereinafter described:
(a) Easements for the purposes of landscaping and maintaining entry ways and erecting and maintaining entrance monuments) for the Devclopment, over, across and under thosc portions of the Restricted Property (hercin referred to as the "Entrance Monumcht Eascments") as may be shown on any subdivision plat. Developer shall bave the right, but not the obligation, to landscape and maintain the areas of the Restricted Properly so designated as entry ways to the Development, to crect and maintain entrance monuments) thereon bearing the name of the Development, and to crect and maintain lighting for such monuments), plantings, landscaping, irrigation systems and other improvements typically used for entry ways, all for the benefit of the Golf Coursc.
(b) Eascments for the installation, maintenance, repair and removal of landscaping and landscaping amenities, including signage, monuments and irrigation systems, over, across and under thosc portions of the Restricted Property determined to be reasonably necessary or appropriatc by Developer to serve the Golf. Coursc
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00/10/2000 1044 106 / 18/061 EAGLE GREENS LTD PAGE 16
(hercin referred to as "Landscape Easements").
(c) Easements for the installation, maintenance, repair and removal of roadways, street lights, sidewalks, pathways and trails, over, across and under those portions of the Restricted. Property shown and designated as "Roadway Eascment!" "Sidewalk Eascments," "Pathway Easemen% nd "Trail Fasemen! 's appropriate, on any subdivision plats generated by Developer or its agents relating to the Restricted Property (the
All of the above-described arcas and items shall herein be referred to as the "Maintenance Arcas". Notwithstanding the foregoing, the Developer shall have no obligation to perfonn any construction, maintenance or repair authorized in this section, and any decision to do so, from time to time, shall be in Devcloper's sole and absolute discretion.
Section 9. Utility and Drainage Easements.
The Restricted Property shall be subject to all easements and rights-of-way for utilities and drainage determined to be reasonably necessary or appropriate by Developer from time to timc, including, without limitation, those shown on the Plats, including, but not limited to, thosc certain easements shown. and designated on the Plats as:
(a) 'Utility Easement;
(b) "Public Storm Drainage Eascment";
(c) "Sanitary Sewer Easement"; and
(d) "Sanitary Sewer Right-of-Way."
Such casements are hereby reserved for the use of Developer, the Golf Course Owner and their successors and aasigns. Additionally, Developer hereby reserves, for the benefit of itseif, the Golf Coursc Owner and their members, guests, invitees, successors and assigns, a non-exclusive casement and right-of-way over, under and along (a) a ten (10) foot strip of land adjacent to the front, side and rear boundary lincs of all Lots within the Restricted Property and (b) all Landscape Easements, for the installation and maintenance of lines, conduits, pipes and other cquipment necessary for furnishing electric power, gas, telephonc service, cable service, water, irrigation, sanitary sewer and drainage facilities, storm drainage and/or other utilities to the Restricted Property and the Golf Coursc. Within the above-described casements no structure, planting or other matcrial shall be placed or permitted to remain which may damage or interfere with the installation of utilities or which may change the direction or flow of drainage channels in the casements.
Section 1O. Irrigation Easements.
Developer hereby reserves, for the benefit of itself, the Golf Course Owner and their successors and assigns, nonexclusive perpetual easements over, across and under thosc portions of the Restricted Property determined to be rcasonably necessary or appropriate by Developer from time to time, including, without limitation, those showy and designated as "Irrigation. Easement" on the Plats for the installation, maintenance, repair and removal of irrigation systems to service the landscaping to be installed and maintained in the Landscape Easement areas and on the Golf
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Course (herein referred to as the "Irrigation Easements'). Within the irrigation Easements no structure, planting or otber material shall be placed or permitted to remain which may damage or interferc with the installation, repair and maintenance of irrigation systems.
Section I1. Developer's Right to Assign Easements: Maintenance of Easement Areas.
Developer shall have the right to assign and convey, in whole or in part, the easements reserved by it hercunder. The areas burdened by the cascments and rights-of-way rescrved by Developer on cach Lot or other portion of the Restricted Property pursuant hereto, including any improvements in such areas, which are not to be maintained by the association or a public authority or utility, shall be maintained continuously by each Owner of such Lot or other portion of the Restricted Property, but no structures, plantings or other matcrial shall be placed or permitted to remain upon such areas or other activities undertaken thercon which may damage or interferc with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems.
Section 12. Additional Easements.
Developer shall have the right to grant over, under, across and upon any portion of the Restricted Property owned by Developer such easements, rights-of-way, licenses and other rights in accordance with or to supplement the provisions of this Declaration or as may otherwise be desirable for the Development, by the execution, without further authorization, of such grants of casement or other instruments as may from time to time be neccssary or desirable, Such easements may be for the use and benefit of persons who are not Lot Owners, including, without limitation, any Golf Course owner, its successors and assigns.
Section 13. No Merger of Easements.
The casements hereby established shall not be terminated by merger or otherwisc, except upon execution and recordation of an instrument specifically terminating any such cascment.
ARTICLE 9
General Provisions
Section 1. Duration.
The Covenants and Restrictions of this Declaration shall run with and bind the land, shall be and remain in effect, and shall inurc to the bencfit of and be enforceable by the owners of any of the Restricted Property, the Association, the Developer, the Golf Course Owner, their respective legal representatives, as successors and assigns, for a term of 20 yeats from the day and ycar first above written. Said Covenants and Restrictions may be renewed and extended, in whole or in part, beyond said 20-year period for successive periods not to exceed 40 years each if an agreement for renewal and extension is signed by owners of at least fifty percent (50%) of the Lots and has been filed for record in the Office of the Clerk of the Supcrior Court of Jackson County, Georgia, at least sixty (60) days prior to the effective date of such renewal and extension; provided, however, that each such agreement shall specify which of the Covenants and Restrictions are so renewed and extended and the term for which they are renewed and extended. Evcry purchaser or grantee of any interest in any of the Restricted Property by acceptance of a deed or other conveyancc thereof, thercby agrees that thc Covenants and Restrictions of this Declaration may bo renewed and extended as
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Section 2. Notices.
Any notice required or permitted to be sent to any owner pursuant to any provision of this Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the owner to whom it is intended at his last known place of residence and such service shall be deemed sufficient. The date of service shall be the date of mailing.
Section 3. Severability.
Whenever possible, cach provision of this Declaration shall be interpreted in such a manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or any property shall be probibited or held invalid, such prohibition or invalidity shall not cffect any other provision or the application of any provision which can be given effect without the invalid revision or application, and to this end, the provisions of this
Section 4. Agricultural Area.
Each Lot Owner by acceptance of a deed to a Lot shall be deemed to acknowledge and agree that the Development is located in an agricultural area and the Owners and their families, guests and invitees may be exposed to noises and odors gencrated by agriculture uses of nearby properties.
Section S. No Entitlement to use Club Facilities.
Each Lot Owner acknowledges that no Lot Owner by acquisition of a Lot shall as a result thercof or as a result of being a member of the Association be entitled to use the Golf Coursc or any pool, tennis or other amenities that are not a part of the Common Arcas and owned by the Association.
[Signature Page Attached]
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SIGNATURE PAGE
to be attached to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE SANDY CREEK SUBDIVISION
IN WITNESS WHEREOF, the Developer has caused this Declaration to be executed by its duly authorized officers and the appropriate corporate seals affixed hereto, the day and year first above written.
DEVELOPER:
Eagle Greens Chattahoochee, LLC
[COMPANY SEAL] By: Eagle Greens Ltd,
its Opcrating Manager
By: -
J. Philip Ballard, Jr., President
Signed, sealed and dclivered Attest: _
in the presence of: John P. Ballard, III, Sccretary
Witness [CORPORATE SEAL]
Notary Public
Page 18 of 18
000/5/0 T902822901 EAGLE GREENS LTD PAGE 01
EAGLE
SEEN
Sandy Creek
Golf Course & Subdivision
Custom Builder Program
* Revised April 6, 2006
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GENERAL ITEMS
Builders
Anyone building a home in the Sandy Creek development, whether for speculation or custom, is bound to abide by the Program and Guidelines.
Builders may be added or removed at Developer's discretion. If additional builders are added, they will be required to follow this program.
Developer may amend the Program and Guidelines at Developer's sole discretion. Developer will provide notice to builders prior to any changes being implemented.
Lot Purchase Procedure - Takedown Schedule
The initial lot takedown will be a minimum of 3 per builder. Builder must commence and maintain a minimum of 2 at all times. A builder who is building for spec must agree to build a minimum of 4 houses. The inventory requirement may be adjusted up or down by Developer according to sales demand and platted available lots. When a house is under firm contract, another lot must be selected and the replacement lot must be closed within 30 days of the date of the contract.
All developed lots must be purchased prior to the release of the next pod. To ensure an even
distribution of lot purchases, the Developer may "class" lots to acquire a balanced selection.
Lots must be closed within four (4) weeks from the later of: a) the lot draw or b) the final plat for the pod, or lot will be returned to the pool. Earnest money on the initial lots shall be $1000.00 per lot paid to the developer and shall be applied to the purchase price at closing. This earnest money shall be nonrefundable.
Foundation construction on the house (foundation) must be initiated within 45 days of lot purchase, and the house must be completed within 8 months of commencement.
If a builder has obtained a contract-to-build (CTB) prior to the lot draw, the lot for the CTB must be the builder's first selection. If another builder obtains a CTB on another builder's lot, the
CTB takes priority and the first builder must relinquish the lot unless the builder is within one
week of closing.
All lots are purchased in their existing condition. Corner pins will be provided only one time.
Only builders who have a minimum of two (2) spec homes under construction (framing commenced) will be allowed to build a contract home in Sandy Creek, unless otherwise approved by the developer.
Allowances may be made for individuals building a custom home, at the developer's discretion. Custorn homes will not be released from any of the building requirements and guidelines. Such individuals will first be directed to existing builders in Sandy Creek.
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Compliance Deposit
Every builder is required to maintain a $3,000 compliance deposit with the Developer to ensure compliance with this builder program. This Compliance Deposit will be required at the first lot closing and will be returned to the builder upon successful completion of this Builder Program.
The Architectural Review Board (ARB), represented by John Ballard of Eagle Greens, will monitor construction on a weekly basis and generate a report regarding construction status and any deficiencies with the lot or house.
John Ballard
Eagle Greens, LTD
113 Foster St.
Cornelia, GA 30531
Phone: 706-778-7062
Fax: 706-778-7061
Email: john@eaglegreens.com
The builders will be notified weekly by John regarding any deficiencies applicable and will have one week to correct these deficiencies. If the deficiencies are not corrected within one week, a fine will be levied (see amounts next page) and the amount of the fine removed from the builder's Compliance Deposit. The builder will be required to correct the deficiency and will be required to replenish the Compliance Deposit to the original $3,000 amount prior to any future lot closings. If fines have been incurred, the builder can replenish the Compliance Deposit either directly to the Developer prior to the next closing or the Developer will add the amount of the fine to the next closing amount.
Fines in the following amounts will be levied for non-compliance after the one-week notice period:
• Starting construction without plan approval - $500 per incident.
• Constructing changes to the house or lot without ARB approval - $500 per incident.
• Architectural detailing incomplete or below minimum requirements - $100 per detail.
• Additional compliance inspection: 3100 per visit
• Erosion violation - $500 per lot.
• Construction guideline violation - $300 per lot.
• Landscaping deficient - $500 per lot; includes additional visit to re-inspect lot once.
• Additional landscape re-inspection (3" visit or any additional visits) - $200.
• Damage to right-of-way or contents therein/on - $500.
• Street tree violation - $200 per tree.
It is the builder's responsibility to contact the ARB to inspect the exterior of the house and the lot for compliance with the approved house plans, site plan, landscape plan and street trees. The ARB will come to the lot one time at no charge to inspect for compliance; additional compliance inspections will be charged as per above. The Compliance Deposit will be returned to the builder upon completion of
0/1/200 11:01 1067787061 EAGLE GREENS LTD PAGt 04
the last house purchased under the final lot contract and with the approval of the ARB. Street trees must be installed prior to release of the Compliance Deposit. Please refer to the Street Tree Section.
Sales & Marketing
All builders are required to cooperate with the members of the information center staff and the marketing support teams by providing necessary product, company and other supportive marketing information upon request, in a timely manner.
The purpose of the centralized marketing program is to promote the overall lifestyle of Sandy Creek to the market at large. Individual builder product will not be represented in the marketing program. It is up to the builders' sales team to market individual inventory. All advertisements and marketing materials referencing Sandy Creek require the approval of the Developer prior to execution.
The builders are required to fund and maintain the services of a professional sales team of licensed real estate agents. Changes in agent staffing require the approval of the Developer.
In order to maintain an organized sales process, all builders agree to use and abide by the same standardized house sale contract forms and procedures.
All builders are required to abide by the signage standards set forth by the Developer.
The Developer maintains the right to photograph any builder product constructed in Sandy Creek for the purposes of marketing Sandy Creek to potential prospects as well as bankers, investors, etc. The photographs taken by the Developer will be made available to the builders, but will remain the property of the Developer with unlimited usage rights for future marketing purposes.
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SITE WORK GUIDELINES
Clearing and Grading
No tree over a 6" caliper, or flowering tree over 2" caliper, shall be cleared, unless they are located within the house envelope, in the driveway location, in drainage/swale areas or as specifically approved by the Architectural Review Board (ARB).
Drainage shall follow recorded drainage easements and the approved site plan, be directed to the street or drainage structures or may continue as existing, if volume is not increased or concentrated or otherwise cause erosion or damage to adjoining properties. Drainage flow must be shown on the site? plan and must be built accordingly.
No drainage flows shall be created to adversely affect the golf course or other lots.
Driveway
Driveways shall be smooth or brushed concrete and installed with a curvilinear shape where possible, located a minimum of 1' off the property line, and have a maximum width of 18', unless specifically approved otherwise. Other driveway materials such as brick, stamped concrete or stone, are welcomed but must be approved.
Curb cuts shall be saw cut only and a maximum width of 20'. Non-contiguous driveways will not be permitted (i.e. two separate driveways with two separate curb cuts). Horseshoe style driveways are allowed.
Driveways not permitted to extend behind house for lots on the golf course. Driveways behind the house will be considered for other lots on a case-by-case basis.
Side entry turn-around must be at least 27' wide and 1' off the property line.
Courtyard garages must allow for a minimum of 3' of landscaping between the driveway and the house.
Sidewalks
Sidewalks leading to the house may be concrete, stone, or brick, and should be installed with a gentle curve wherever possible.
Concrete sidewalks at the street must be installed by the builder and conform to the standard
subdivision design. Sidewalks adjacent to the street must be level.
All sidewalks are to start 3' back of curb and be 5' wide.
Handicap ramps are required to meet County standards and provide a smooth transition to the road.
All sidewalks must to be shown on the landscape plan.
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Retaining Walls
Retaining walls attached to the house, must utilize the same materials as the walls on the house, unless specifically approved otherwise. Stucco retaining walls are acceptable if stucco is used on the house and the retaining wall has a stone trim cap. All other retaining walls may utilize brick, solid concrete faced with brick/stone or decorative landscape blocks in natural colors (grey/brown). Landscape timbers (6"x6) may be considered where not visible from the street, golf, or open space. Walls must not interfere with the flow of water in storm water easements. Railroad ties and painted concrete walls are not permitted.
Landscaping
Landscape plans must be submitted to and approved by the ARB.
Front, side and rear yards must be sodded with Bermuda. Other grasses will be considered on a case by case basis.
All beds shall be mulched with pine straw or bark mulch. Red mulch, red lava rock and white stone are not permitted. Grey or brown lava rock is acceptable. All beds and lawns must be kept weed free.
All front yards and corner side yards require irrigation approved by developer. Irrigation is also required in rear yards adjacent to the golf course.
All edging material must be natural. Exceptions must be approved by the ARB.
Foundation plantings along street facing elevations are to be minimum 3-gallon size plants for lower growing varieties, and a minimum 7-gallon size for higher growing varieties and should be planted at least 4' from the foundation.
Three frees, (3ồi caliper deciduous or 8' coniferous) are required to be planted on the lot, and lots on the corner require six trees to be planted. All planting will be in accordance with the approved landscape plan.
Artificial vegetation of any type is prohibited.
Air conditioning units must be screened from street and golf course view with plant material.
No slopes shall exceed 3:1 unless approved by the ARB. All slopes must be stabilized with permanen! landscaping.
Street Trees
in addition to the landscape trees mentioned above, street trees (3" caliper) will be required on both sides of the road approximately every 50' and placed 4' from the back of the curb. The Developer may contact a tree broker who will coordinate the street tree program with the ARB to specify location, number and type of tree.
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HOUSE DESIGN GUIDELINES
Architectural Styles and Minimum House Size
Varied styles are encouraged. Minimum house size is:
• Non-basement houses: 2,400 sq. 11. heated space
• Basement houses: 2,000 sq. ft. heated space (not including the basement)
Ceiling Height
Minimum ceiling height on first floor is 9' and 8' on the second floor.
Garages
Side entry and courtyard garages are encouraged. Front entry garages will be considered on a case-pycase basis (typically in cul-de-sacs). Front entry garages may not protrude more than 10' measured from the front wall of the house and the front wall of the garage.
The garage side wall facing the street should have significant detailing and be landscaped.
Raised panel garage doors are acceptable (with or without windows). Single and double doors are acceptable, but single doors are encouraged. Front entry garage doors are required to be carriage style when in keeping with the house design; otherwise significant additional detailing will be required. Garage door height should be consistent if utilizing more than one door.
Drive under garages (front facing) will be considered on a case-by-case basis.
Basement garage doors are not permitted on the rear elevation of golf lots but may be considered for other lots. Basement garage doors will be considered on side elevations.
Detached garages will be considered but must be connected to the house with a breezeway, and must be of a style identical or complimentary to the main house.
Roofs
The minimum roof pitch for all structures shall be 8:12. Some exceptions may be considered.
If visible from the street, golf or open space, gables should have a minimum pitch of 10:12 unless specifically approved by the ARB.
The main roof overhangs shall be a minimum of 12; secondary roof overhangs to be a minimum of 8i. Roofing may be cedar shake, tile, slate or architectural shingles. Shingles to have minimum 25 year warranty.
1067787061 EAGLE GREENS LTD PAGE 08
Colors such as black or a black blend, weathered wood, or a dark gray blend are encouraged. Other colors may be specifically approved by the ARB.
All gable returns shall be full or Queen Anne, unless approved otherwise by the ARBẠạFor all lots, copper or painted metal returns are preferred, painted to match the roof, but shingles are permitted. All roof projections and vents shall be painted to match the roof color and located to minimize the visibility from the street.
Metal flashing, roof vents and wall vents shall be painted to match the roof color or the wall color they are on.
Skylights may be approved with rectangular flat glass and must be located on side and rear elevations with ARB approval.
Solar heat collectors must be located so they can't be visible from the street, golf or common area.
All downspouts must be painted the same color as the material to which they are applied, unless copper, when they are allowed to weather naturally.
Wal Materlals
Acceptable wall materials include brick, natural or artificial stone and stucco. Stucco must be used ir combination with brick or stone. Board and batten, horizontal hardi board, cedar or hardi shakes will be considered but must be combined with stone or brick. The front, side and rear elevations must be finished in the same material and detail style.
Golf lots and corner lots require decorative arches, bands and trimming details around all wall openings on all elevations. Other lots require these details on the front elevation and all elevations visible from the street.
*Brick or stucco quoins or bands are required on front and rear elevations for golf lots, as well as the exposed side of corner lots. Other lots require brick or stucco quoins and bands on the front elevation and all elevations visible from the street. *Brick, stone or stucco water table details are required on all elevations on all lots.
If specifically permitted by the ARB, hardi board siding must be trimmed with iạicorner boards and 1'x10" skirt boards with a drip cap. Openings in hardi board walls shall be detailed with a minimum of
*Front and corner elevations with openings in brick, stone or stucco walls, shall be detailed with 10i arches or pediments at the head.
Shutters must be ½ the window width (single window) and must be painted or stained wood. Shutter hardware is required.
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Chimneys
Unless they terminate onto a rear deck, all chimneys must be taken to grade. Cantilevered chimneys are not permitted.
All chimneys must be finished in brick, stone/cultured stone, or stucco and must be topped with a decorative painted metal shroud. Stucco chimneys must have decorative details. Other materials will be reviewed on a case-by-case basis.
Chimneys are not permitted on the front elevation unless specifically approved by the ARB.
Foundations
Front, side and rear elevation foundations are required to be finished in brick, stone or cultured stone or stucco to the level of the main floor to compliment the wall material. No exposed concrete foundations will be allowed.
Bays and Projections
Any projection over 12 shall be taken to grade. Projections less than 12" may be detailed with corbels, brackets, and other approved trim.
Bay windows on the front and rear elevations of golf lots must utilize copper or painted metal roofing; other lots and elevations may utilize shingles.
Fascia
Vinyl to be 1"x 6", minimum. Any vinyl used anywhere on the house must be specifically approved by the ARB.
Wood to be 1 x 8i, minimum.
Rake
Vinyl to be 1"x 6", minimum; 4i rake molding encouraged.
Wood to be 1" × 8", minimum; minimum trim of 4" rake molding; other trim will be considered by the ARB.
Eave Frieze Boards and Trim
Vinyl boards to be 1" x 6", minimum; 4" trim encouraged.
Wood boards to be 1"x10", minimum; trim shall be minimum 4" crown mold, dentil mold, or other trim as approved by the ARB.
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Gable End Frieze Boards and Trim
Vinyl boards to be 1" × 6" minimum; 4" trim encouraged.
Wood boards to be 1"x10", minimum; trim shall be minimum 4" crown mold, dentil mold, or other trim as approved by the ARB.
Windows
Simulated divided light or full divided light window muntins, minimum 7/8ạẠạiare required in all front elevation windows and must be painted to match the exterior color of the windows. With approval fror the ARB, some windows may not be required to have muntins.
Exterior window finishes may be either painted wood or vinyl clad.
Screen frames must be finished the same color as the windows.
Stained and leaded glass permitted on side and rear elevations. Specific ARB approval required for front elevation.
Doors
Doors must be painted or stained.
Street facing doors must be trimmed with minimum 1" x 4" wood, brick or stucco.
Storm doors and frames must be finished the same color as the primary doorframe.
Screens shall be anodized or electro-statically painted aluminum.
Front Porches
Porches, front stoops and steps must be designed and detailed with materials to be compatible with the nouse.
All front porches and entries shall be at least 18" above grade but no more than 48" without specific approval from the ARB.
Steps and porch floors may be brick, stone or cultured stone or slate. Railings, if needed, shall be painted wood. Wrought iron railings will also be considered.
Decks
Decks must be to the rear of the house unless specifically approved otherwise by the ARB.
Deck materials must be cedar, cypress, pressure treated pine or other specifically approved composite material.
Deck supports shall be a minimum of 10i x 10 wood posts. Painted metal supports will be considered where deck heights exceed 15', but must be boxed in with wood.
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Decks must have all non-decking surfaces stained or painted to match the house trim.
Gutters
Gutters shall be ogee with rectangular downspouts, or half-round with round downspouts. Finishes shall be either copper or painted metal to match the house trim.
Mailboxes
Mailboxes may vary in style but must be consistent with the architecture of the house and must be approved by the ARB. When possible, mailboxes shall be placed on the left-hand side of the driveway, but in no case closer to the property line than 3 feet.
All mailbox structures must be repainted and/or replaced with the same color and style as the original installation. Street address numbers are the only item allowed on mailboxes. Mailboxes are the responsibility of the builder until the unit is sold where they then become the responsibility of the homeowner.
Fences
All fences must be approved by ARB prior to instaliation.
Privacy fences of any kind are not permitted on golf lots, or amenity lots. Privacy fences may be considered on a case by case basis. Maximum height not to exceed 6'.
Approved fencing includes black iron or pvc to look like iron with a maximum height of 5', cedar split rail (3 rails), or brick/stone with a minimum height of 4'.
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CONSTRUCTION MANAGEMENT GUIDELINES
It is the intent of these construction guidelines to ensure that house construction activity occurs in a manner that is consistent among all builders and provides an environment that is conducive to homebuyer inspection during and after the construction cycle.
All home construction will be in conformance with the local building code and shall be constructed on the basis of accepted industry practice which assures quality of materials and workmanship.
1. All construction personnel are required to enter and leave through the designated construction entrance.
2. All construction traffic and deliveries will be allowed only from 6:30 a.m. until dusk, weekdays. No construction traffic will be allowed before 9:30 a.m. on weekends and holidays.
3. The installation or location of any temporary structures such as trailers on any lot is prohibited. 4. The established speed limit within Sandy Creek for all construction vehicles, including light trucks and automobiles, is 25 miles per hour. This must be obeyed.
5. Operators of delivery/construction vehicles are required to insure that no spillage of debris or construction materials occurs on streets. If spillage occurs, contractors are required to immediately clean up to avoid damage to other vehicles. Any cleanup required by Sandy Creek personnel will be charged to the appropriate party.
6. If any electrical, water, cable TV or telephone lines are accidentally cut or damaged, it is the builder's responsibility to report such accidents to the Project Manager of Sandy Creek, John Ballard (706/201-0217) immediately upon occurrence. It will be the contractor's responsibility to pay for any such damage. It shall be the responsibility of each contractor to locate all underground utilities by calling "Call before you dig" prior to any digging or excavation operations.
7. Any damage to streets, curbs, sidewalks, drainage inlets, streetlights, street markers, mailboxes, walls, etc., caused by contractors or their personnel shall be repaired by contractor in a timely manner. If not repaired in a timely manner, the ARB may repair at the contractor's expense. 8. Loud radios or excessive noise will not be allowed within the subdivision. Normal radio levels are acceptable; however, speakers mounted on vehicles or outside of homes is prohibited.
9. No construction vehicles or vehicles belonging to contractor personnel may be left in subdivision overnight. Construction equipment may be left on site while needed; however, it must not be left or the streets. Under no circumstances are vehicles to be parked on the median or anywhere containing grass.
10. No contractor personnel will be allowed to bring pets on the property.
11. All vacant property shall be kept neat and cleared of all debris. Contractors are not permitted to store materials or equipment on adjacent lots which have not been purchased.
12. Wash down of vehicles on the streets is not permitted. Care should be taken not to track mud and debris onto the streets. Concrete trucks must be washed out on your construction site or on developer approved wash site.
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13. Portable toilet facilities will be required. All personnel must use the portable toilet facilities (not a spec home, woods or golf course).
14. Contractors are required to keep their job sites as neat and clean as possible. Trash and discarded materials must be removed weekly. It is strongly encouraged that job sites be thoroughly cleaned on Friday in preparation for weekend traffic. There will be no stockpiling or dumping on adjacent lots or streets. Construction materials are to be neatly piled on site. Unsightly weeds are to be routinely' cut back. Streets adjoining a construction site are to be frequently swept clean. Trash not removed in a timely manner may be removed by the ARB at the contractor's expense.
15. Infractions of the published construction rules may be cause for a $300 fine to builder per infraction and/or the suspension of the builder or builder's subcontractor from the project.
Erosion Control
Each contractor will be responsible for installation and maintenance of proper erosion/sediment control in accordance with State and County specifications.
Driveway Apron
Builders shall be required to provide and maintain gravel at the driveway apron for the duration of construction of sufficient quantity to keep mud out of the road. Gravel shall be the consistency of No. 4 stone.
Builder's Responsibilities During and After Construction
1. Before construction begins, silt fencing will be placed at areas on the property where erosion can affect adjacent property or streets. Silt fencing shall also be installed completely across the street frontage of the lot except where the permanent driveway entrance is intended. Stone shall be placed in the apron area of the driveway. Construction entry onto the lot will be in the driveway area only. Silt fencing shall be maintained during the construction phase until commencement of landscaping. Silt fences should be doubled and hay bales used when there is the possibility of erosion into the golf course, streets or streams. Failure to adhere to this will result in the developer taking action and billing the builder.
2. Builder will advise subcontractors to drive or park only on the lot they are working on or in the street. This applies to deliveries and equipment. Contractors' vehicles must stay on pavement. Any damage to the grass or golf course will be charged to the builder.
3. Builder will clean the areas of the street he has affected by hauling trash, dirt or materials away or removing debris or silt caused from storm water run-off on a continual basis.
4. Burning of trash will be permitted on the property according to local laws and ordinances. All trash and debris will be removed from the lot on a continuing basis.
5. Construction will proceed in a timely manner and will be completely finished and kept clean. No materials will be stored on the property or in the house after it is completed. Finished landscaping
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will be maintained by the builder. This includes normal cutting, fertilization and watering of grass and plants. Dead plants, trees and weeds are to be removed.
6. Any damage to the finished house or property such as broken window panes or erosion will be corrected by the builder immediately.
7. In the event the builder does not comply with items 1, 3 and 5 within a reasonable amount of time, the developer has the right to execute these items at the builder's expense.
Site Work and Drainage
Close attention should be paid to the control of water around the house. Necessary grades and swales shall be established to ensure proper drainage away from the house. Grading is required to follow the requirements of the site plan and landscape plan. Special care should be taken to avoid directing drainage onto the golf course.
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PRE-CONSTRUCTION APPROVAL PROCESS
The purpose of the architectural review process is to ensure that each house is compatible and consistent with the Covenants, meets all Custom Builder Program requirements, fits in the overall character of the custom section of Sandy Creek and is complimentary to the homes around it. 1. Sales Staff Meeting
Each builder must review their proposed house design with the developer to ensure the general layout and style meets with market demands, prior to submitting any plans to the ARB. This should avoid the builder getting too far down the road with a plan that would not be considered for approval by the AREI.
2. Site Plan Approval
The site plan will detail the house location, streets, curbs, easements, building setbacks, limits of clearing, grading (existing and proposed elevations), drainage, driveway/ sidewalk locations,
decks/patios and retaining walls with materials noted. This will also identify adjacent site conditions if construction coordination is required i.e. connection to existing retaining walls, drainage, or site grading. 3. Application for New Construction and House Plan Approval
The ARB will review the architectural plans and Application for New Construction (explained below). The house plans are to be drawn at a scale of (1/4=1'0t) and are to reflect the current and proposed grades per the site plan. These plans will be reviewed for compliance with the Custom Builder Guidelines and the ARB will also comment on additional features that will enhance the plan.
An application form is required with every submittal of architectural plans and must be completed in ful, and in duplicate. Where possible, please include color and material samples.
Two sets of house plans, two site plans (per above) and the application shall be submitted to the ARB. Approved and unapproved plans will be returned to the builder at Sandy Creek within approximately two weeks, on Friday. The ARB will retain one set of approved plans and the builder will be contacted to pick up the other set of approved plans.
The following additional charges shall apply:
• Changing to a new plan for a lot already reviewed: $300
• Changes or additions to an approved plan: $60
• Additions to an existing home: $60
4. Landscape Plan
To promote compatible and continuous landscape treatment throughout the neighborhood, a landscape plan must be submitted for every lot.
Prior to the installation of landscaping, the builder must have a landscape plan approved by the ARB. The landscape plan should also take into account appropriate drainage for the lot.
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Before approving the landscape plan, a representative of the ARB will go to the site to verify existing conditions with the site plan. Failure to complete landscaping according to the plans will result in a $2:00 fine. A representative of the ARB will re-visit the site to ensure that the deficiencies have been corrected. If they are still not corrected and an additional visit is required to inspect the deficiencies, the builder will be charged an additional $100.
5. Street Trees
Street trees (3" caliper) are required every 50' down both sides of the street and are to be placed 10' from the back of curb. It is the builder's responsibility to purchase and install street trees for their lot along every street and all street trees must be approved by the ARB prior to installation.
Trees should be ordered and planted twice per year, once in the spring, and once in the fall.
The placement and number of trees will vary due to driveway locations, streetlights, and size of lot. It is the builder's responsibility to advise the ARB when their lot will be ready for street trees, and a mutually agreeable time will be arranged to meet on site to mark the tree locations on the curb. The ARB will then work with the builder to decide on which trees will be the best to use.
Some specimen examples s are as follows:
• Maples (Autumn Blaze, Autumn Flame, Fairview Flame, October Glory, Legacy Sugar Maple Summer Red Maple): 3Ạạicaliper.
• Oaks (Nuttall, Willow): 3iồi caliper.
• Elms & Other (Bosque Elm, Allee Elm, Urbanite Ash): 3i caliper .
Street trees remain the ownership and maintenance responsibility of the builder until the lot is sold to a homeowner; this includes the cost of replacement should this be required.
Please advise your future homeowners of these tree locations. As some of the trees will be installed after the homeowner is living in the house, it will be the builder's responsibility to advise homeowners of these tree locations and approximate installation date.
6. Summary of the Review Process
1. Select a house plan and review with Developer.
2. Submit 2 site plans, 2 sets of architectural plans and two applications for new construction tr the ARB. Plans will be returned to the clubhouse for pick up by the builder.
3. The builder will submit landscape plan and it will be reviewed and discussed by a
representative of the ARB. The completed installation will be checked along with the compliance inspection.
4. Street tree planting will be coordinated twice per year through the ARB.
5. Once house construction has started, it will be reviewed periodically by the ARB and any deficiencies will be relayed to builder. If deficiencies not corrected, fines will be levied against the Compliance Deposit.
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Sandy Creek
Application for New Construction Review
Builder Name: Lot #: -
Neighborhood Name:
Estimated Start Date:
Name of House Plan:
Has this house plan been built at Sandy Yes No
Creek?
If yes, on which lots?
Square Footage Foundation Garage Garage Orientations 1' Floor: Basement: Side Entry: Left Side:
2nd Floor: Crawl: Front EntryiẠ Right Side:
3" Floor: Slab: Court Yard:
Basement:
Garage:
ApproxImate Sales Price:
Exterior Finish Material Color
Front Elevation
Side Elevation
Rear Elevation
Roof
Bay Hood
Trim
Garage Doors
Front Door
Deck
• Please indicate mortar color and include samples where possible
Yes Attached Plans (required): Two sets of site plans (1ồại:20' scale) and architectural plans
(1/4i:1' scale) showing all elevations with existing & proposed grade lines, floor plan, foundation, retaining walls, decks, etc.
Builder's Signature: Approved By:
Date Submitted: Date Approved: