07-17-14 Regular Meeting of the Planning and Zoning Commission

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EXHIBIT D acceptable for Builder use in the Guidelines promulgated by the ARC, and so long as such signs do not otherwise violate this Declaration. If any sign is placed within the Subdivision, including but not limited to the streets, street right-of-ways, and Common Areas,in violation of this Declarationor the Dedicatory Instruments, the Boardor its agents shall have the right but not the obligation to enter upon any Lot,Homesite,street, street right-of-way, and Common Areas and remove and/or dispose of any such sign violation, and in doing so shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. Guidelines may be establishedfrom time to time addressing the display of signs, including but not limited to billboards, posters, school activities, political signs, security signs/stickers and advertising devices within the Subdivision. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain signs and other advertising devices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential Dwellings. In addition, the Declarant and the Association shall have the right to erect and maintain directional and informational signs along the streets within the Propertyand identifying signs and monuments at entrances to the Subdivision. Q.Swimming Pools/Spas No above ground swimming pools are permitted. All swimming pools and spas require prior written approval by the ARC as set forthherein. R.Tree Removal No trees greater than three (3) caliper inches to be measured at a point six (6) inches above grade shall be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in writing by the ARC. In the event of an intentional or unintentional violation of this Section, the violator may be required to replace the removed tree with one (1) or more comparable trees of such size and number, and in such locations, as the Boardmay determine necessary, in its sole discretion, to mitigate the damage. S.Window Air Conditioning Units No window or wall type air conditioners shall be permitted to be used, placed or maintained on or in any building on the Lots, with the exception that window or wall type air conditioners shall be permitted for the benefit of a garage if such airconditioning unit is located at the rear of the garage unit, is screened from public view, and is screened from view by any other Lot, Common Area or Dwelling. All window air conditioning units require prior written ARC approval as set forthherein. All livings areas within the home, including any room additions, must be centrally air- conditioned, unless otherwise approved by the ARC. Units that are alternatives to centrally air- conditioned units must be screened from public view, and will require ARC approval. 20 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.