Initial Use Restrictions and RulesInitial Use Restrictions and Rules (rev. 9/11/2000 - Exhibit C) NOTE: This page was scanned and converted to text from the paper version using an Optical Character Recognition (OCR) program. It is not a 100% faithful reproduction of the original. TABLE OF CONTENTS The following requirements and restrictions shall apply to Pinehills until such time as they are amended, modified, repealed or limited by rules of the Association adopted pursuant to Article IV and Section 12.7 of the Declaration of Covenants, Conditions and Restrictions for the Pinehills Community (the "Declaration"). All requirements and restrictions applicable to an "Owner" of a Parcel shall apply equally to an occupant of any Parcel or any of the Owner's or occupant's agents, guests, invitees, employees, servants, licensees, lessees or visitors. In the case of any conflict between these Use Restrictions and Rules and the Declaration, the terms of the Declaration shall control. The activities at Pinehills shall conform to the following requirements, unless expressly authorized by any Supplementary Declaration recorded by Declarant, by the Board or by the Design Review Committee (with respect to design matters) subject to such conditions as may be imposed: 1.0 GENERAL The provisions of this Section 1 apply to all types of property within Pinehills. 1.1 Uses of Parcels and Common Area: 1.1.1 General Use: Pinehills shall be used only for residential, golf course, other recreational, agricultural, commercial, retail, and public purposes as specifically designated in the Deed for the applicable type of Parcels and related purposes consistent with the Declaration and any Supplemental Declaration. Such purposes may include an information center and/or a sales office for any real estate broker retained by Declarant to assist in the sale of the property, offices for any property manager retained by the Association, or business offices for Declarant or the Association. 1.1.2 Compliance with Law or Permits: All activity shall be in compliance with local, state and federal laws and regulations and the Permits applicable to Pinehills; however, the Board shall have no obligation to take enforcement action in the event of a violation. 1.1.3 No Increase in Insurance: No activity shall be conducted in or on any Parcel or Common Area which would result in the increase of insurance rates for insurance required to be maintained by the Association or any District Association on the Common Area or would result in the cancellation of any such insurance. 1.1.4 Noisy, Obnoxious or Disturbing Activities: The following activities shall be prohibited: Any activity which (i) emits foul or obnoxious odors outside the Parcel; (ii) tend to disturb the peace or threaten the safety of occupants of other Parcels; (iii) tend to cause an unclean, unhealthy or untidy condition to exist outside of enclosed structures on any Parcel; (iv) may be or become, in the reasonable judgment of the Board, an embarrassment, discomfort, annoyance or nuisance to persons using the Common Area or to the Owner or occupant of any other Parcel; or (v) in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of Pinehills. Such restrictions shall include, without limitation, the following: (a) there shall be no use or discharge of any radio, loudspeaker, horn, whistle, bell or other sound device so as to be audible to occupants of other Parcels, except (i) alarm devices used exclusively for security or safety purposes; (ii) operation of any Public Purpose Unit used for fire or police safety purposes as deemed necessary by the Plymouth Fire Chief or Police Chief; and (iii) incidental warning sounds for public safety purposes used in operation of golf carts or maintenance equipment; (b) there shall be no use or discharge of firecrackers or other fireworks; (c) no firearms shall be discharged upon any property within Pinehills; (d) no open fire shall be lighted or permitted on any Parcel within Pinehills except in a contained barbecue unit or fire place while attended and in use for cooking purposes; (e) there shall be no on-site storage of gasoline, heating or other fuels, except (i) storage of propane prior to the connection of natural gas service to Pinehills, (ii) a reasonable amount of fuel may be stored in each Parcel for use in contained barbecue units, emergency purposes and operation of lawn mowers and similar tools or equipment, and (iii) the Association and owners of Parcels other than Residential Units shall be permitted to store fuel for operation of maintenance vehicles, golf carts, generators and similar equipment; (f) there shall be no accumulation of rubbish, trash or garbage except between regular garbage pick ups and then only in approved containers; an approved refuse container may be placed outside at times not extending more than twelve (12) hours before a scheduled garbage or trash pickup; (g) no motorized vehicles shall be operated on unpaved pathways or trails maintained by the Association, except that maintenance vehicles may be operated by the Association on such pathways or trails, and golf carts may be operated on cart paths intended for such purposes; and (h) there shall be no use of snowmobiles or motorized boating equipment. Such restrictions shall not be interpreted to include, any activity which is customarily part of the operation of a Golf Course as a First-Class Golf Course Facility, including, without limitation, public announcements, use of fertilizers and pesticides, mowing equipment, and golf carts, and the conduct of tournaments. A First-Class Golf Course Facility shall be defined herein as a facility substantially similar in quality and level of golf facilities, golf services and accessory services as provided at the Centennial Golf Club of New York located in Carmel, New York as of the date of adoption of these Initial Use Restrictions and Rules. 1.1.5 Parking of Motor Vehicles: Vehicles owned, operated or within the control of an Owner shall be placed in the garage of such Owner or in the driveway of such Owner's Parcels, or in designated parking areas for Parcels excluding Residential Units. Guest parking may be allowed on one side of a street, not closer than 40 feet to any intersection. In connection with tournaments or similar functions held by a Golf Course or Commercial Unit, guest parking may be allowed on roadways in the proximity to the main entrance to such facility and in other areas within Pinehills approved by the Board, Garages shall be kept closed at all times, except as reasonably required for ingress and egress. The following activities shall be permitted only in enclosed garages or in areas designated by the Board for such purposes: Parking or storage of commercial vehicles or equipment, mobile homes, recreational vehicles, golf carts, snowmobiles, boats and other watercraft, trailers, stored vehicles or inoperable vehicles; provided, construction, service and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Parcel or the Common Area. Parking or storage of commercial vehicles used in maintenance and operation of a Golf Course and of golf carts shall be permitted within the Golf Course. 1.1.6 Restrictions on Animals: The raising, breeding or keeping of any animals, livestock or poultry of any kind ("Animals") shall be prohibited, except the following: (i) the keeping of a maximum of three (3) dogs, cats or other usual and common household pets, which are registered, licensed and inoculated as required by law, and are not bred or maintained for any commercial purpose, (ii) the keeping or use of any dog trained to assist persons of impaired sight or hearing, (iii) the keeping of not more than (2) horses, or such greater number as may be approved by the Board, within a Residential Unit, (iv) the keeping of horses in a Recreational and Agricultural Unit used for equestrian purposes, (v) the operation of a veterinarian office or a kennel or other animal boarding or day-care service in Commercial or Agricultural Unit. All Animals permitted to be kept shall be kept under control on a leash when on any portion of Pinehills except within the Parcel of the owner of such Animal. It shall be the absolute duty and responsibility of each owner to clean up after such Animals which have used any portion of the Common Area. However, those Animals which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Parcels shall be removed upon the Board' s request. If the Animal's owner fails to honor such request, the Board may cause the Animal to be removed. 1.1.7 Restrictions on Use of Water Bodies within Pinehills: Swimming, boating, use of personal flotation devices, or other active use of ponds, streams or other bodies of water within Pinehills is prohibited, except that (i) fishing from the shore shall be permitted with appropriate licenses, and (ii) Declarant and the owner of the Golf Courses shall be permitted to retrieve golf balls from bodies of water within the Common Areas. 1.1.8 Capturing Wildlife: Capturing, trapping or killing of wildlife within Pinehills shall be prohibited, except in circumstances posing an imminent threat to the safety of persons using Pinehills. 1.1.9 Prohibitions Applicable to Common Area: The following activities are prohibited in Common Area (except in portions of the Common Area specifically designated by the Board for storage purposes or in connection with construction undertaken by the Declarant and/or the Association): any obstruction, use for storage, alteration or construction in, or removal of anything from, or commission of waste in the Common Area. 1.2 Improvements to Parcels: 1.2.1 Neglect of Exterior Portions of Property: No structures, equipment, or other items on the exterior portions of a Parcel shall be permitted to become rusty, dilapidated or otherwise fall into disrepair, and all property including any improvements or landscaping thereon shall at all times be kept in a clean, safe, and attractive condition. 1.2.2 Board of Fire Underwriter Requirements: All installations and equipment shall comply with the rules, regulations, requirements and recommendations of the Board of Fire Underwriters. Such requirements shall including the following: (i) Installation of draperies in any Parcel, or any other hanging materials, that are not fire resistant and in compliance with standards set by the New England Fire Insurance Rating Board shall be prohibited. Any draperies or other hanging materials shall not be closer than one inch (1") to any heating unit; and (ii) All radio, television, computer or other electrical equipment of any kind or nature fully comply with all rules, regulations, requirements or recommendations of the Board of Fire Underwriters. 1.3 Environmental Restrictions: 1.3.1 Activities Harmful to Environment: No activities shall be conducted which materially disturb or destroy the vegetation, wildlife, wetlands or air quality at Pinehills or which result in unreasonable levels of sound or light pollution. 1.3.2 Restrictions on Increase in Wastewater Design Flow or Impervious Surfaces: There shall be no additions in the number of bedrooms in or expansions of Residential Units or of multi-family residential buildings classified as Commercial Units within the Pinehills or other additions which result in an increase in wastewater design flow or increases in impervious surfaces except in strict compliance with the provisions of Article V of the Declaration and the Pinehills Standards, and with the prior approval of the Design Review Committee. 1.3.3 Restriction on Nutrient Loading: Other than as approved in the Design Review Process in accordance with the Pinehills Standards, no land shall be used for: wastewater discharges other than the approved on-site septic systems and the wastewater treatment plant; artificial impervious surfaces; land under water; or the raising, breeding, keeping of animals, livestock or poultry for commercial purposes; and no land shall receive on average more than 3.5 lbs/1,OOO SF/yr nitrogen fertilizer. 1.3.4 Water Systems: No Parcels within Pinehills shall have sprinklers or irrigation systems or wells of any type which draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within Pinehills, except that: (i) Declarant and Pinehills LLC shall have the right to draw water from such sources for potable water, and (ii) the Declarant, the Association and the Owner of a Golf Course shall have the right to draw water from such sources, including interceptor wells, for irrigation, provided that irrigation water use must be metered and the volume of metered irrigation water usage must be reported annually to the Association within ten (10) days of the Association's request for such information. 1.3.5 On-Site Sewage Disposal Systems: All on-site individual or shared sewage disposal system in or on any Parcel shall be designed, located, constructed, equipped and maintained in compliance with the Permits and all applicable laws, regulations, permits and orders of local, state and federal governmental authorities. All on-site individual or shared sewage disposal system in or on any Unit shall have the prior written approval of the Design Review Committee, and all on-site individual or shared sewage disposal system in or on any Golf Course shall have the prior written approval of the Declarant and/or the Association (during the Declarant Control Period) or the Association thereafter. The following restrictions shall apply to Parcels served by on-site sewage disposal systems: (i) Shared on-site systems shall be inspected on an annual basis. Individual on-site systems shall be inspected at least once every seven years; (ii) Shared on-site systems shall be pumped on an annual basis. Individual on-site systems shall be pumped every three and one-half years; (iii) Commercial on- site additives approved by the Department of Environmental Protection may be used subject to prior notification to and approval of the Board. All inspection and pumping shall be arranged by the Association. 1.3.6 Use of Water Closets and Other Water Apparatus: No water closets or any other water apparatus in any Parcel shall be used for any purpose other than that for which they were constructed and in any manner that violates the Permits and/or any applicable law. Without limiting the generality of the foregoing provision, no sweeping, rubbish, rags, paper, ashes or other substance shall be thrown into water closets or other water apparatus. 1.3.7 Floor Drains: No floor drains shall be installed within any Residential Unit, except for floor drains used for HV AC condensation pumps. Any floor drains for other Parcels shall be connected to the sewer system or to a tight tank. Those floor drains connected to the sewer system shall include appropriate, approved pretreatment devices (filters, grease traps, oil/water separators, etc.) to prevent a sewer service discharge that could impair wastewater treatment plant performance or effluent water quality. Use of tight tanks shall include a requirement for documented, routine pump-out by a licensed hazardous waste hauler. 1.3.8 Dumping: Dumping of grass clippings, leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within Pinehills shall be prohibited, except that legally sanctioned fertilizers may be applied to landscaping on Parcels at a rate not in excess of 3.5 lbs/1.000 SF/yr, provided that care is taken to minimize runoff and that best management practices are implemented as required under the Department of Environmental Protection Groundwater Discharge Permit. Declarant and Builders may bury rocks and trees from a building site on such building site. Golf Courses may dispose of grass clippings in appropriate areas within the Golf Course. 1.3.9 Mining, Drilling and Similar Activities: Mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth anywhere in Pinehills shall be prohibited; except that Pine Springs LLC shall be allowed to drill, bore or explore for or remove water within its Public Purpose Unit. 1.3.10 Outdoor Watering: All Parcel Owners shall adhere to outdoor watering restrictions or bans imposed by the Association, except that an Association watering ban shall not extend to irrigation by a Golf Course utilizing water from the interceptor wells. 1.3.11 Interference with Drainage Pattern: After the location and installation of drainage swales, storm sewers or storm drains, there shall be no obstruction or rechanneling of drainage flows, except by the Declarant or the Association; provided, that the exercise of such right by the Declarant or the Association shall not materially diminish the value of or unreasonably interfere with the use of any Parcel without the Owner's consent. 1.3.12 Outside Burning: Outside burning of trash, leaves, debris or other materials shall be prohibited, except during the normal course of constructing a building on a Parcel. 1.3.13 Household Hazardous Waste: All Residential Unit Owners shall abide by the Household Hazardous Waste Management Plan for Pinehills (on file with the Association). 1.3.14 Integrated Pest Management and Fertilizer Management: The Golf Courses shall employ Best Management Practices for fertilizer application on golf courses and adhere to the Integrated Pest Management Plan and the Fertilizer Management Plan (on file with the Association). 1.3.15 Discharge of Heavy Metals: Any commercial activity that has the potential to discharge heavy metals into the sewage collective system shall: (x) provide pretreatment to remove heavy metals prior to discharge, (y) segregate and collect the heavy metal waste stream for off-site treatment and disposal, or (z) develop a sampling program to prove that metals are not being discharged to the wastewater treatment plant. 1.3.16 Inapplicability of Certain Rules: The Sections above pertaining to approval by the Design Review Committee shall not apply to Golf Course or other Owners who are not subject to the Design Review procedures under the Declaration. However, with reference to Section 1.3.3 (Restrictions on Nutrient Loading) any Golf Course or other exempt Owner shall not create any increase in wastewater design flow or create artificial impervious surfaces or land under water unless such uses are approved by Declarant (during the Declarant Control Period) or by the Association thereafter, which approval shall be granted provided the proposed construction or action does not affect the nutrient loading calculations and limits contained in the Department of Environmental Protection Groundwater Discharge Pem1it. 2.0 PROVISIONS APPLICABLE TO UNITS AND COMMON AREA The provisions of this Section 2 apply only to "Units and Common Area." which consist of all types of properly within Pinehills excluding the Golf Courses and Common Area consisting of easement(s) over a Golf Course. 2.1 Improvements to Units: 2.1.1 Construction or Alteration of Improvements: There shall be no construction, erection, placement or modification of any thing, permanently or temporarily, on the outside portions of the Unit, whether such portion is improved or unimproved, except in strict compliance with the provisions of Articles IV and V of the Declaration and the Pinehills Standards, and with the prior approval of the Design Review Committee. This shall include, without limitation, basketball hoops, swing sets and similar sports and play equipment; clotheslines; garbage cans; woodpiles; above-ground swimming pools; docks, piers and similar structures; and hedges, walls, dog runs, animal pens, or fences of any kind; satellite dishes and antennas; and any tent, shed, shack or other temporary or portable structures excluding temporary or portable structures placed on property within Pinehills during the course of construction of improvements on such Unit. Any exterior antennas, aerials, satellite dishes, or other apparatus for the transmission or reception of television, radio, satellite or other signals of any kind permitted by the Design Review Committee must be screened from view of adjacent Units by an approved fence or other approved structure no more than six (6) feet in height. The Declarant and/or the Association shall have the right, but not the obligation, to erect or install an aerial, satellite dish, master antenna, cable system, or other apparatus for the transmission and reception of television, radio, satellite, or other signals for the benefit of all or a portion of Pinehills. 2.1.2 Restrictions on Signage: No sign, poster, billboard, advertising device or display of any kind, including, but not limited to, garage and estate sale signs shall be erected, displayed or maintained anywhere on Pinehills without the approval of the Design Review Committee. 2.1.3 Landscaping: Within one hundred eighty (180) days after the later to occur of (i) the sale of a Unit to an Owner (other than a Builder), or (ii) issuance of a Certificate of Occupancy for the building constructed on a Unit Parcel, the Owner shall install and thereafter maintain the landscaping on those portions of the front yards of the Unit in a neat and attractive condition. Rear and side yards shall be substantially complete within one (I) year following the date of conveyance of the Unit to the Owner (other than a Builder) and thereafter maintained. "Landscaping" shall include the initial installation of all necessary landscaping and gardening, the proper maintenance of landscaping and the periodic replacement, when necessary, of trees, plants, grass and other vegetation, if any, and fencing originally placed on such Unit by Declarant, Owner or any Builder, which are visible from other Units or Common Area. In addition, each Owner shall keep free from weeds, debris and other unsightly objects all portions of the yard on its Unit. No plants or seeds infected with insects or plant diseases shall be brought upon, grown or maintained within Pinehills. The foregoing provisions shall not apply to portions of a Unit which are not visible from other Units or from Common Area, The foregoing provisions also shall not apply to an Owner to the extent that the obligations under the foregoing provisions are assumed by a District Association, in which case the obligations shall apply to the District Association. 3.0 SUPPLEMENTARY PROVISIONS APPLICABLE TO RESIDENTIAL UNITS The provisions of this Section 3 apply only to Residential Units, in addition to the provisions of Sections 1 and 2 above. 3.1 Subdivision or Leasing of any Residential Unit: Subdivision of a Residential Unit into two or more Residential Units or changing the boundary lines of any Residential Unit after a subdivision plat including such Unit has been approved and recorded shall not be permitted, except that Declarant shall be permitted to subdivide or replat Residential Units which it owns. All leases shall be in writing. The Board may require a minimum lease term of up to six (6) months for any Residential Unit, and may vary such requirements from District to District. Notice of any lease, together with such additional information as may be required by the Board, shall be given to the Board by the Owner within 10 days after execution of the lease. The Owner shall make available to the lessee copies of the Pinehills Governing Documents. No operating of a timesharing, fraction-sharing or similar program whereby the rights to exclusive use of the Residential Unit rotates among participants in the program on a fixed or floating time schedule over a period of years shall be permitted. For the purposes of these Rules, "leasing" shall mean the regular, exclusive occupancy of a Residential Unit by any person, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument 3.2 Use of Residential Units: 3.2.1 No business or trade: No business or trade shall be conducted in any Residential Unit, except that an Owner residing in a Residential Unit may conduct business activities within the Residential Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Residential Unit; (ii) the business activity conforms to all zoning requirements for Pinehills; (iii) the business activity does not involve door-to-door solicitation of residents of Pinehills or generate a level of vehicular or pedestrian traffic or a number of vehicles being parked in Pinehills which is noticeably greater than that which is typical of Units in which no business activity is being conducted; and (iv) the business activity does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other landowners within Pinehills or violate any of the Permits, as may be determined in the sole discretion of the Board. For the purpose of these Rules, the terms "business" and "trade" shall have their ordinary, generally accepted meanings and shall include any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or does generate a profit, or (iii) a license is required. By way of example, a permitted business or trade could include accountant services, teaching of music, and services by a psychologist. 3.2.2 Wood and Coal Stoves: Wood and coal stoves or similar devices shall be permitted in Residential Units only in accordance with applicable law and fire regulations and only upon the prior written approval of the Board. The Board shall as a condition of any such approval require (i) compliance with rules and regulations promulgated by the Board as to the installation, use, maintenance, repair and cleaning of any such device and the storage and handling of wood, coal or other fuels therefor, and (ii) the right of the Board to enter any Residential Unit in which such a device is installed and to correct any non-compliance with such rules and regulations, all at the sole expense and risk of the Owner of such Residential Unit. In no event. however. shall such device be permitted to be used as a source of heat. 3.3 Keys to Residential Units or Personal Property: If any key for a Residential Unit or an automobile, trunk, or other item of personal property is entrusted by an Owner of any Residential Unit to the Board or any agent or employee of the Board, the acceptance of the key shall be at the sole risk of such Owner; the Board and such agent or employee shall not be liable for injury, loss, or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. 3.4 Inapplicability of Certain Rules: Sections 3.1 and 3.2.1 above shall not apply to any activity conducted by Declarant or a Builder approved by Declarant with respect to its development and sale of Pinehills or its use of any Units which it owns within Pinehills, including the operation of a timeshare or similar program. 4.0 PROVISIONS APPLICABLE TO GOLF COURSE The provisions of this Section 4 apply only to Golf Courses and Common Area consisting of easement( s) over a Golf Course, in addition to the provisions of Sections 1 above. The provisions of Sections 2 and 3 above do not apply to Golf Courses or to Common Area consisting of easement( s) over a Golf Course. 4.1 All Golf Courses at Pinehills shall be maintained and operated in a manner consistent with a First-Class Golf Course Facility as defined in Section 1.1.4 above. 4.2 All Golf Courses at Pinehills shall be subject to the provisions of Section 1 of these Use Rules and Regulations. Sections 1.1.4 and 1.1.5 shall not be interpreted to prohibit or restrict any activity which is customarily part of the operation of a Golf Course as a First-Class Golf Course Facility, including the use of fertilizers, pesticides, mowing and other maintenance equipment, and golf carts, the conduct of tournaments, the parking and storage of commercial vehicles and other equipment used in the maintenance and operation of a First-Class Golf Course Facility, and guest parking consistent with the requirements of Section 1.1.5. 4.3 All fertilization activity at the Golf Courses shall comply with the Fertilizer Management Plan approved by the Department of Environmental Protection. All pesticide activity at the Golf Course shall comply with the Integrated Pest Management Plan approved by the Planning Board of the Town of Plymouth.
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