Article VI – Use Restrictions and Covenants

6.01 Residential Use
The Lots shall be used solely for single-family residential purposes and for no other purpose. No business or commercial building may be erected on any Lot and no business or commercial activity may be conducted on any Lot, except for a sales and marketing program ofthe Lots by Developer and the construction and sale by builders-owners of speculative homes on Lots in accordance with the terms and provisions of this Declaration. No business or trade, garage sale, moving sale, rummage sale, or similar activity shall be conducted in or from any Dwelling Unit, except that an Owner or occupant residing in a Dwelling Unit may conduct business activities within the Dwelling Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Dwelling Unit; (b) the business activity conforms to all zoning requirements for the Properties; (c) the business activity does not involve regular visitation of the Dwelling Unit by clients, customers, suppliers, or other business invitees or door-to-door soJicitation of residents of the properties; and (d) the business activity is consistent with the residential character of the properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten
the security or safety of other residents of the properties, as may be determined in the sole discretion of the Board.
6.02 Further Subdivision
Further Subdivision. The Lots shall not be further subdivided, but such prohibition shall not prevent the conveyance of portions of a Lot to the Owner of an adjacent Lot to the end that platted Lot lines may be reconfigured. Upon any such conveyance, the parcel so created shall be deemed a “Lot” subject to the provisions hereof, as though originally platted as such; provided, however, that at no time shall the aggregate of all such conveyances as they may pertain to any platted Lot result in a revised and reconfigured tract with land area deviating more than ten percent (I0%) from the land area of such Lot as originally platted. The provisions of this section shall not apply to the Developer, and the Developer reserves the right to replat any one or more Lots to create a modified Lot or Lots, and to convey Lots with reconfigured boundaries shown on a plat and any such tract as so bounded and conveyed by the Developer shall be deemed a Lot as though originally platted.
6.03 Maintenance by Owner
Each owner shall maintain the exteriors of all structures on a Lot and any and all fixtures attached thereto in a generally excepted manner. In addition, commencing upon the date each Owner is issued the certificate of occupancy for his completed residence on his Lot, each Owner shall routinely maintain any sodded or landscaped areas adjacent to his Lot from the platted Lot lines up to the curb(s) or edge(s) of right-of-way pavement (the “Adjacent Areas”), excluding fences, walls, signs, or other structures common to the Neighborhood installed by Developer or the Association, which shall be the responsibility of the Association to maintain. The maintenance of such Adjacent Areas by each Owner shall at all times be subject to the rights and duties of Developer and the Association to regulate, manage, modify, improve and control said Adjacent Areas as set forth in this Declaration, including the right to take over the foregoing maintenance responsibilities and discontinue Owner maintenance at any time.

Each Owner shall maintain such Lot and improvements and the foregoing Adjacent Areas at his sole expense in good condition and repair and in an attractive condition in keeping with the standards of maintenance throughout the Neighborhood. Maintenance by the Owner shall include, but not necessarily be limited to, all maintenance, painting, repair, replacement and care of the structures, fixtures, equipment, appliances, roofs, gutters, downspouts, exterior building surfaces, screening and caging, shutters and other decorative and functional attachments to the exterior of the improvements, walks and other exterior improvements, street trees, exterior lawn, landscaping and Lot Irrigation System. All such maintenance and repair shaH conform to such maintenance standards as may be promulgated from time to time by the Board in accordance herewith. The Board may from time to time adopt and promulgate maintenance standards for the Neighborhood, so long as such standards are reasonable and not contrary to the provisions of this Declaration.

6.04 Litter, Trash, Garbage
No garbage, trash, refuse or rubbish shall be deposited, dumped or kept on any Lots except in closed sanitary containers approved by the ARC. Such containers shall be kept in a sanitary condition in (a) an enclosed area attached to the dwelling and constructed in a manner approved by the ARC or (b) an underground container. Such containers may be placed on the Lot for pick up at the times and in accordance with the requirements of the franchised garbage removal utility for the property; however, because of the likelihood wild critters may invade garbage, trash shall not be put out prior to 6am of the day of pickup and containers shall be returned by Spm of the day of pick up. This restriction shall not apply during construction of any single family home on a Lot provided that construction is diligently pursued after commencement.
6.05 Nuisances
No Owner shall cause on a Lot or penn it to come from his Lot any unreasonable noises or odors. No Owner shall commit on his Lot or permit to be carried on his Lot any nuisance, any immoral or illegal activity or anything which may be an annoyance or a noxious or offensive activity to the neighborhood The Board shall be the sole determinant of what constitutes a nuisance.
6.06 Commercial and Recreational Vehicles
Unless prior approval has been granted by the ARC, no commercial vehicle, recreational vehicle, trailer, camper, motor home, panel trucks, canoe or boat of any kind shall park or be parked at any time on a Lot unless such a vehicle is in a garage or is a commercial vehicle in the process of being loaded or unloaded. The ARC may approve special storage arrangements for such vehicles, imposing strict location, time and other conditions as it may determine. A “panel truck” is any van or mini-van which does not have any rear passenger windows. “‘Commercial vehicle” means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship, or any other entity conducting business for a commercial purpose, and includes, without limitation, any vehicle displaying a commercial tag or any lettering, logo, symbol, or trademark on the vehicle’s exterior. The ARC may adopt and promulgate additional standards for commercial and recreational vehicles, and may revise or expand such standards from time to time to take cognizance of new forms or variations of commercial and/or recreational vehicles. In the event there is any dispute as to whether a particular vehicle is a commercial or recreational vehicle, such dispute shall be referred to the ARC and the determination rendered by the ARC with respect to such dispute shall be final and binding upon all parties thereto.
6.07 Maintenance and Storage of Boats and Vehicles
No maintenance, repair or storage of any boat or vehicle, shall be permitted upon any Lot except within an enclosed approved garage.
6.08 Animals and Pets
Only common domesticated household pets may be kept on any Lot or improvements thereto, and in no event may such pets be kept for breeding or any commercial purposes. No other animals, livestock, reptiles or poultry of any kind shall be kept, raised, bred or maintained on any portion of the Neighborhood. Approved household pets may not be kept in unreasonable numbers. Permitted pets shall be kept only subject to and in accordance with such rules and regulations as shall be promulgated from time to time by the Board, and unless otherwise provided by the Board, shall be kept on a leash except when within a fenced or other enclosed area. Any such pets, whether from number, disposition or otherwise, that cause, create or contribute to a nuisance or unreasonable disturbance or annoyance, may be required to be permanently removed within ten (I 0) days of receipt of written notice from the Board to the Owner or other person responsible for such pet. Pet owners are responsible for cleaning up any mess created by their pets within the Neighborhood. Excrement which is not picked up shall be deemed a nuisance hereunder. All pet owners are responsible for the actions of their pets, and each pet owner agrees to indemnify the Association and Declarant and hold them harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal on or within the Neighborhood. The Board may adopt rules and regulations which are more restrictive than the provisions of this Declaration.
6.09 Vehicles and Repair
No inoperative cars, trucks or trailers or other type of vehicles will be allowed to remain on or adjacent to any Lot for a period in excess of forty-eight (48) hours; however, this provision shall not apply to such vehicle which is kept within an enclosed garage.
6.10 Fences
In order to achieve and maintain the desired ambiance and character within the Neighborhood, it is desired that any fencing within the Neighborhood be kept to an absolute minimum. All fences shall require approval of the ARC after Architectural Review. The Developer, ARC and all Owners shall be obligated to keep fences within the Neighborhood to a minimum in order to preserve and protect the appearance and values of the Neighborhood Lots. In connection therewith, the use of trees, hedges and landscaping design shall be preferred over the use offences, and the ARC may disapprove the use offences where trees, hedges or landscaping may be used. Notwithstanding the foregoing, the Developer may install and the ARC may approve fences in conjunction with the use of trees, hedges and/or landscaping where deemed reasonably appropriate in the discretion of the Developer and/or ARC, such as along certain perimeter Lots which may abut other properties. All fences, walls, hedges or other enclosures shall be constructed only of wood, masonry, landscaping or other materials as may be approved by the ARC after Architectural Review. No such fence, hedge or wall may be located except behind the rear building line of the structure upon each Lot, and no such fence, hedge or wall shall be located within twenty-two (22) feet of the ordinary high water line of any lake or pond located within the Neighborhood. Fences and walls must be finished on all parts thereof visible from other Lots and the streets. Provided, however, that this provision shall not be deemed to apply to preclude small decorative fences, walls or other screening material located along the sides or front of a dwelling, which fences or walls form an integral part of the architectural design of the dwelling and are decorative in nature, and which are located within the front setback lines. In exceptional circumstances and for good cause shown, the ARC may grant a variance from the provisions hereof.
6.11 Yards and Lawns
That portion of each Lot, including the unpaved portion of a street right-of-way adjoining such Lot, which is not covered by dwellings, patios, and walkways, shall be sodded with natural grass at the time of the original construction of improvements. The lawn shall thereafter be maintained in good condition and replaced as may be necessary. In no event shall gravel or stone yards be permitted. Provided that nothing contained herein shall prohibit the use of gravel and/or wood shavings for decorative landscaping purposes of an otherwise sodded yard. Any portion of a Lot designated as a “visibility area” on the Plat shall be maintained such that traffic visibility is not obscured. Each Lot Owner shall maintain the lawn, landscaping, and irrigation system on their Lot in a good, neat and orderly appearance and condition, consistent with the standards of maintenance throughout the Neighborhood. All driveways, walks and parking areas shall be approved, and driveways and sidewalks shall be constructed of concrete, up to and including their intersection with a paved street to be constructed at the time of original construction of improvements and prior to issuance of a certificate of occupancy. Driveway and walkway design, location, materials and coloring shall be subject to ARC approval after Architectural Review. Approved landscaping shall be completed not later than thirty (30) days after completion of the dwelling. As part of the approved landscaping plan for each Lot, each Lot Owner shall plant, and continuously maintain the following canopy trees on the Lot:

  1. A street tree for every fifty (50) linear feet, or substantial fraction thereof, or right-of-way. The trees should be located within twenty-five (25) feet of the rights-of-way, and shall be spaced no closer together than twenty-five (25) feet, unless they are part of a decorative grouping; and
  2. One (1) additional tree per Lot, preferably located in the rear yard.
  3. The following requirements shall apply to the trees, and their maintenance:
    1. The Lot Owner is responsible for the installation, maintenance and replacement othe required trees.
    2. The trees shall meet the requirements of the City of Athens tree commission.
    3. Existing native trees should be used to fulfill these requirements, whenever possible.
    4. None of the required trees shall be planted within a public or private utilities
      easement.
    5. Each tree shall be a minimum height of ten (10) feet and a minimum Diameter
      Breast Height (D.B.H.) of 2 1/2 inches at the time of planting.
    6. In the event a tree dies or is removed, the Owner of the Lot is responsible to replace
      the tree in the fall or spring, i.e. in “‘growing seasons.”
6.12 Tree Planting
In connection with the construction of improvements on a Lot within the Neighborhood, all Lot Owners must receive approval of the ARC for plant materials, trees and other landscaping to be installed upon the Lot. Thereafter, the Lot Owner shall proceed with construction of improvements on the Lot, including the installation of trees.
6.13 Tree Protection
No person may remove, relocate or otherwise destroy any tree instaJled upon any Lot, or otherwise alJow, authorize or assist in the removal, relocation or destruction of such tree, without first obtaining (i) approval of the ARC in the manner required by the Declaration; and (ii ) a tree removal permit issued by the Developer.
6.14 Replacement Tree Requirement
Any tree removed from a Lot, other than that which is obstructing the building of a home, must be replaced with the same size and type of tree as originally planted on the Lot, whether such removal resulted from (a) authorizations and permits issued by the ARC and Developer, as required above, or (b) replacement of a diseased or dead tree.
6.15 Pools
No above-ground swimming pool shall be permitted at any time anywhere within the Neighborhood. This provision shall not be deemed to prohibit hot tubs, therapy pools and hydra spas when they are incorporated into improvements and approved after Architectural Review. Likewise, the ARC may approve pools incorporated into improvements so approved even though such pool may be above grade. All pools shall be enclosed and otherwise constructed to comply with applicable rules, regulations and standards of all governments having jurisdiction. The term “enclosed” shall mean the pool and surrounding patio area perimeter shall be bounded on all sides by parts of the approved dwelling, fences conforming to Section 6.10, screened cages, or combinations thereof. Such enclosure may have reasonable gates and doors which may be closed to make the enclosure continuous. All such pools, fencing, screening and caging shall be subject to Architectural Review.
6.16 Garage or Yard Sales
No garage or yard sale may be conducted on any Lot within the Neighborhood without the prior approval of the Association. The Association shall have the authority to prescribe reasonable rules and regulations for the conduct of any such sale, including, without limitation, rules regarding the manner of conducting such sales, permitted frequency, duration, hours and the type, size, location and number of signs advertising such sales. The failure of an Owner to observe such rules and regulations shall be grounds for the Association to withhold its approval of any future sales by such Owner, as well as the imposition of fines or other sanctions as authorized in this Declaration.