Article 8 - Environmental Covenants
In order to protect the natural beauty of the vegetation, topography, or other natural features within Eagle Landing, the following environmental controls are hereby established.
Section 1. Excavation. Topographic and vegetational characteristics of any property within Eagle Landing shall not be altered by removal, reduction, cutting, excavation, or any other means without the prior written approval of the Eagle Landing Architectural Board. Written approval will be granted for the minimum amount of removal and vegetation reduction necessary.
Section 2. To the extent reasonably practical, the clearing of mature trees on Lots shall be limited to those areas required to accommodate the residence to be constructed thereon and its normal and customary accessories, open front yard areas and those limited areas required to permit utility services and driveways. No trees measuring five (5) inches in diameter at a point two (2) feet above ground level shall be removed without prior written approval of the Eagle Landing Architectural Board.
Section 3. Landscaping. Every Lot will be required to have landscape materials and plantings as established by the Eagle Landing Architectural Board in the Eagle Landing Standards. Any significant plantings of trees or shrubs intended to act as or resulting in a screen between properties or Lots within Eagle Landing must be first approved by the Eagle Landing Architectural Board.
Section 4. Drainage. In order to prevent excessive "runoff' or drainage of any Lot, the Declarant hereby reserves the right for itself and the Eagle Landing Architectural Board to establish a maximum percentage of land within each Lot which may be covered by a building, patio, driveway, or other structure. ln the establishment of such a percentage of Lot coverage, the Declarant or the Eagle Landing Architectural Board may consider topography, percolation, soil types and condition, vegetation coverage, and other relevant environmental factors.
Section 5. Erosion Control. The Declarant shall have the right, and hereby reserves an easement for itself and the Association, to enter upon any Lot where improved or unimproved for the purpose of performing necessary grading and landscaping work, or constructing and maintaining erosion prevention devices. The Declarant shall have the right, and hereby reserves an easement for itself and the Association, to enter onto any unimproved Lot within Eagle landing to implement effective insect, reptile, and woods fire control for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, or other unsightly growth which, in the opinion of the Declarant or the Association, detracts from the overall beauty, setting, or safety of Eagle Landing. The cost of this vegetation control shall be kept as low as reasonably practical and shall be paid by the Lot Owner of the property upon which such work is performed. Prior to entering upon any property to undertake such maintenance or erosion control work, the Declarant or the Association shall first give the Lot Owner of such property written notice that such work must be performed within thirty (30) days after the date of delivery of the notice or such shorter period as required by the Declarant or Board of Directors, if an emergency exists, or a shorter period as otherwise deemed reasonably necessary. Only if the Lot Owner fails to take appropriate corrective action within such thirty (30) days or shorter period shall the Declarant or the Association take such action. The cost of any work undertaken by the Declarant or the Association shall be paid by the Lot Owner of the Lot and shall by deemed to be an assessment to remedy unsightly conditions giving rise to the lien thereof. Entrance upon any Lot within Eagle Landing by the Dcclarant or the Association for such purposes shall not be deemed to be a trespass but, rather, an easement as reserved above for such purpose by the Declarant for the Declarant and the Association.
Section 6 . Chesapeake Bay Preservation Act. All grading, landscaping, construction, site plan preparation, placement of improvements; placement of septic disposal systems, drilling of wells and the like shall be done in compliance with the Chesapeake Bay Preservation Act, Section 10.1-2100 et seq., Code of Virginia, 1950, as amended, and in compliance with the rules and regulations established by the Chesapeake Bay Local Assistance Board and .Lancaster County, Virginia, pursuant to said Act. The Eagle Landing Standards shall provide for compliance with the Chesapeake Bay Preservation Act and no approval shall be given· by the Eagle Landing Architectural. Board, the Declarant or the Association unless such body giving such approval shall have first satisfied itself that the pertinent criteria of the Chesapeake Bay Preservation Act have been satisfied.
Section 7. Eagle Protective Covenants. No construction or similar activities shall be conducted within the "Eagle Protection Zone" as designated on the aforesaid plat of survey of Eagle Landing, unless and until such time as any eagles nesting within the designated area have permanently vacated such area as determined by the Virginia Department of Game and Inland Fisheries, or eagles have been removed from the endangered species list. No construction or similar activities shall be conducted within the "Eagle Management Zone", during the Eagle's mating season, which is defined as the period from December 15th until June 15th, unless and until such time as eagles have vacated the area as determined by the criteria hereinbefore set forth, or eagles have been removed from the endangered species list.
Nothing contained in this paragraph or this entire Declaration shall prevent the Declarant from further subdividing property owned by it in the "Eagle Protection Zone" and the "Eagle l\lanagement Zone" at such time as any eagles nesting within the designated area have permanently vacated such area as determined above, or eagles have been removed from the endangered species list.