Required Improvements and Restrictions

This is not an "official version" of the document and is subject to change without notice. The official document can be obtained in the disclosure package via written request to the Eagle Landing Homeowners Association (ELHOA) Board at P.O. Box 506, Lancaster, Virginia 22503, along with a check made out to "ELHOA" in the amount of $100.00, pursuant to Section 55-512 of the Code of Virginia, within 14 days which includes copies of the Covenants and Restrictions, Bylaws, and Design and Environmental Standards for Eagle Landing.

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Article 9 - Required Improvements and Restrictions

Section 1. Mailboxes. All mail boxes and street lights constructed or installed in Eagle Landing shall conform to the design and installation criteria specified in the Eagle Landing Standards. Each Lot Owner shall be responsible for the maintenance and operation of the· fixture, support, and mailbox.

Section 2. Parking. Each property owner shall provide space for the parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said 'property in accordance with the Eagle Landing Standards.

Section 3. Signs. No signs shall be erected or maintained on any property by anyone including, but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided for in the Eagle Landing Standards or except as may be required by legal proceedings.

Section 4. Condition of Ground. It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.

Section 5. Minimum Square Footage. No plan required under these Covenants will be approved unless the proposed house or structure has a minimum square footage of heated living space as specified in the Eagle Landing Standards. The term "heated living space" as used in these minimum size requirements does not include garages, terraces, decks, open porches, and like areas.

Section 6. Residential Use.

(a) All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a Lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the Lot. No structure, except as hereinafter provided, shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) detached single family dwelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the site and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building, except as allowed by subsection ( c) of this section 6.

(b) A guest suite or like facility without a kitchen (except as allowed by subsection (c) of this section 6) may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling and provided, however, that such suite would not result in overcrowding of the site.

(c) Accessory buildings with a kitchen may be constructed prior to the main building and occupied as a dwelling on lots of five (5) acres or greater in size; however, construction of the main building must be completed within five (5) years after the beginning of construction of the accessory building.

(d) The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration.

Section 7. Exterior Structure Completion. The exterior of all house and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction, the owner of the Lot shall require the contractor to maintain the Lot in a reasonably clean and uncluttered condition.

Section 8. Screened Areas. Each Lot Owner shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects must be placed or stored in order to conceal them from view from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be approved by the Eagle Landing Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground.

Section 9. Vehicle Storage. No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any Lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a Lot, but only when in an enclosed or screened area approved by the Eagle Landing Architectural Board such that they are not generally visible from adjacent properties.

Section 10. Temporary Structures. No structure of a temporary character shall be placed upon any Lot at any time provided, however, that this prohibition shall not apply to shelters or temporary structures used by the contractor during the construction of the main dwelling house, it being dearly understood that these taller temporary shelters may not at any time be used as residences or permitted to remain on the Lot after completion of construction. The design and color of structures temporarily placed on the Lot by a contractor shall be subject to reasonable aesthetic control by the Eagle Landing Architectural Board.

Section 11. Antennas. No television antenna; radio receiver or sender, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any Lot except as provided in the Eagle Landing Standards.

Section 12. Further Subdivision. No Lot shall be subdivided or its boundary lines changed, nor shall applications for same be made to Lancaster County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any Lot or Lots owned by it and shown on the plat of any subdivision within Eagle Landing, in order to create modified building Lot or Lots and to take such other steps as arc reasonably necessary to make such replatted Lot suitable and fit as a building site including, but not limited to, the relocation of easements, walkways, rights of way, private roads, bridges, parks, recreational facilities, and other amenities to conform to the new boundaries of said replatted Lots, provided that no Lot originally shown on a recorded plat is reduced to a size smaller than the smallest Lot shown on the first plat of the subdivision section recorded in the Clerk's Office. The provisions of this paragraph shall not prohibit the combining of two (2) or more contiguous Lots into one (1) large Lot. following the combining of two (2) or more contiguous Lots into one (1) larger Lot, only the exterior boundary lines of the resulting larger Lot shall be considered in the interpretation of these covenants.

The Declarant further expressly reserves to· itself, its successors or assigns the right to further subdivide property owned by it lying within the "Eagle Protection Zone" and the "Eagle Management Zone" upon the occurrence of such events as defined in Article 8, Section 7 of this Declaration.

Section 13. Animals. Only common household pet animals shall be permitted within Eagle Landing. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's command at any time they are permitted outside a residence or other enclosed area upon a Lot approved by the Eagle Landing Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any Lot. After giving a Lot Owner written notice of complaint and reasonable opportunity to remedy the situation, the Board of Directors may order the removal of any pet from Eagle Landing which has been a nuisance or a danger.

Section 14. Motor Bikes, All Terrain Vehicles. No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the Eagle Landing Community Area, Lots, or roads (unless properly licensed on roads) within Eagle Landing with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets within Eagle Landing for direct ingress and egress purposes only.

Section 15. External Lighting. No external lighting shall be installed or utilized on any property within Eagle Landing which is of such character, intensity, or location as to interfere with the use, enjoyment, and privacy of any Lot or Owner in the near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Eagle Landing Architectural Board as appropriate in size, location, color, and intensity.

Section 16. Swimming Pools. No swimming pool, whether in ground or above ground, whether permanent or temporary, shall be installed upon any Lot without the prior written consent of the Eagle Landing Architectural Board. The Eagle Landing Architectural Board shall require that all swimming pools be adequately screened.

Section 17. Construction of Docks. Lot Owners shall be limited to construction of a maximum of one (1) dock per waterfront Lot, with the approval of required regulatory agencies, Lancaster County, and the Eagle Landing Architectural Board.

Section 18. Community Area Water Access. Access to recreational waters within the Eagle Landing Community Area shall be limited to a launching ramp and dock, without boat storage slips. No overnight storage of boats, recreational vehicles, trailers and the like will be permitted upon the Eagle Landing Community Area except within screened and secured areas provided for such.

Section 19. Rules and Regulations. The Board of Directors is granted and shall have the power to promulgate rules and regulations, from time to time, governing the use of and activity upon the Community Area and the Recreational Facilities (if the Recreational Facilities are owned or leased by the Association). All rules and regulations promulgated by the Board of Directors shall be published and distributed to each member of the Association at least thirty (30) days prior to their effective date.