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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7.00 LOT DEVELOPMENT REQUIREMENTS
7.01. Zoning and Required Conditions:
All site development shall comply with the current version of the Zoning Ordinance of the County of Lancaster. Virginia. Requirements outlined herein which are more restrictive shall apply for Eagle Landing.
7.02. Chesapeake Bay Preservation Program:
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. (Article 21. Lancaster County Zoning Ordinance, as amended July 25. 1991) pursuant to said Act. Reference is made to this article of County ordinance which outlines specific requirements governing the development of property within designated Chesapeake Boy Preservation Areas (CBPA), made up of Resource Protection Areas (RPA) and Resource Management Areas (RMA).
7.03. Eagle Protective Zone 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 according to the Virginia Department of Game and Inland Fisheries, as accepted by Lancaster County. 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 set forth herein.
7.04. Best Management Practices:
Any Lot Owner who undertakes to clear within or construct upon that area of a Lot which has been dedicated as the minimum required setback (RPA buffer) from adjacent wetlands shall be required to implement Best Management Practices (BMP’s). BMP's are acceptable when approved by or formulated in accordance with regulations of the governing body, agency, governmental division or authority responsible for enforcement of BMP's at the time of implementation.
7.05. Limits of Clearing:
Except for areas specifically approved for construction or as otherwise permitted by this Section, no existing vegetation shall be removed from any site in Eagle Landing. General clearing for construction of houses shall extend no farther than 20 feet outside the actual house footprint. General clearing for driveways and walks shall extend no farther than five feet beyond either side of the pavement. An exception may be granted upon review and approval of the AB.
7.06. Common Areas:
No clearing, grading, tree removal, or construction activity can take place in common areas without the prior written consent of the Architectural Board.
7.07. Stake Out Review:
Prior to beginning any clearing on construction activity, the Builder or Homeowner must stake and identify the following on the site:
finish floor elevation(s)
limits of clearing and grading
A member of the Architectural Board will then review the stoking and flagging for compliance with the site plan that has been previously approved by the Architectural Board. In the event that these activities do not comply with the approved site plan, the Builder or Homeowner will be enjoined from proceeding with the clearing or construction activity. The Builder or Homeowner can either correct the staking and flagging or submit an amended site plan for approval by the Architectural Board.
7.08. Erosion and Sedimentation:
Builders and Homeowners are required to comply with applicable governmental regulations and code requirements. Silt runoff and mud from vehicular traffic will be contained on the lot. Erosion control devices shall be installed prior to construction. This includes but is not limited to silt fences and stone construction entrances. The builder/ homeowner shall maintain all erosion control devices until construction has been completed and planting installed. Any mud or silt runoff shall be immediately removed by the builder/homeowner.
The Developer shall have the right, and hereby reserves an easement for itself and the Association, to enter any Lot where improved or unimproved, for the purpose of performing necessary grading, landscaping or construction and maintaining erosion prevention devices.
7.09. Storage of Construction Materials:
Only usable construction materials may be stored on a construction site. They must be neatly stacked or placed in a way that they are not visible from adjacent building lots. Discarded construction materials, refuse and debris must be disposed of daily. Storage or placement of materials within any public right of way or easement is not permitted at any time.
7.10. Temporary Facilities:
Dumpsters or trash containment areas are required on all construction sites for the containment ot debris. Open fires are not permitted. Portable toilets are required on all construction sites.
7.11. Protection of Existing Vegetation:
Beyond the general clearing limits specified by 7.05. clearing of existing vegetation for landscaping and view shall meet the following requirements:
Within required front yard, existing groundcover, shrubs and trees up to 5-inches in diameter may be removed and replaced with the Homeowner's landscaping which shall include some combination of grass, groundcover vegetation or mulch, shrubs, and trees. Except for drive access, no pavement shall be permitted in this area. The AB may permit removal of larger trees on a case by case basis when requested.
From front setback line to rear property line, only selective clearing is permitted beyond that approved for structures or other approved site improvements. Clearing for rear yard play areas will be permitted within building setback lines. Clearing beyond rear setback lines is not permitted on waterfront lots. Plans for selective clearing must be approved by the AB.
No clearing is permitted within eight (8) feet of side property lines, except for comer side yards which may be treated as front yards.
No clearing is permitted within twenty (20) feet of rear property lines that abut other lots.
On waterfront lots, no clearing is permitted within 100 feet of the mean high water line, in accordance with the Chesapeake Boy Preservation Act guidelines. The Homeowner can within these limitations, maintain and manage growth of existing vegetation by pruning, and Iimbing up existing trees for view and breeze.
7.12. Grading and Drainage:
In general, alteration of existing topography will be permitted only as required to create positive drainage away from the house. Grading and drainage construction within the site shall not be constructed so as to visually detract from other residences. Subsurface drainage may be required where necessary, to resolve unusual surface or subsurface drainage conditions.
7.13. Driveways and Parking Areas:
Layout: Driveways shall be located to provide access to the house and garage, and provide on-site parking for a minimum of three cars. In general, driveways with more than one entrance from the street, and parking areas for more than three cars will not be approved. Driveways and parking shall be laid out in an efficient and aesthetically pleasing manner. Driveways, parking areas and walks required for access to the house shall not come closer than ten (10) feet to any side property line, nor 35 feet from any rear property line. Minimum radii at entrances and from drives to parking areas for maneuvering space shall be 10 feet.
Base Construction: Topsoil shall be removed and subgrade compacted prior to the installation of a minimum 6-inch stone base. Recommended surface materials that will be considered are brown crusher run stone, asphalt, concrete, interlocking concrete pavers or patterned concrete in a similar design, brick, brick pavers or exposed aggregate concrete.
Entrance Details: All driveway entrances shall be constructed in accordance with State standards. The builder is responsible for coordinating this work with the inspector from Lancaster County Public Works. The home builder is also responsible for transitioning the sidewalk on both sides at the driveway.
7.14. Walks and Terraces:
Walkways and terraces must be constructed of materials of compatible quality to the architectural materials in the house. The recommended construction materials are brick masonry, precast concrete paving units, stone and flagstone or slate set in a cement mortar bed. Any walkway or terrace constructed of any other material, if allowed, must provide for appropriate edging to maintain its structural integrity. A ceremonial walkway must be provided from the driveway to the front door.
7.15. Accessory Buildings:
Including detached guest houses, garages, workshops, storage sheds, greenhouses, service and refuse facilities, the following shall apply:
Siting: Any accessory structures located on a building lot must be designed and located as an integral part of the house and its site plan. These structures should be massed with the house and incorporate appropriate landscaping, walkways and fencing as well as be of the same architectural style, finished materials and a compatible color. These requirements also apply to dog houses, gazebos, playhouses and deck railings.
Such accessory buildings shall not create a breach of privacy between neighboring houses, nor shall they create a visual nuisance to neighboring houses.
No accessory building may be constructed farther forward on the site than the front plane of the house or extend beyond the minimum setback requirements established for the house.
The AB reserves the right to restrict placement of accessory buildings on waterfront lots in such a manner as to protect normal viewing angles to waterways from adjacent lots.
Permitted Sizes: Sizes and types of accessory buildings are limited as follows:
Guest Suite - 750 square feet
Garage (max. 2-car) - 750 square feet
Ploy Houses - 36 square feet. 6' maximum height
Dog Houses - 20 square feet. 4' maximum height
Ploy Equipment - 10' maximum height
Other Structures (workshop. storage. greenhouse) - 150 square feet
Service Area. A single service area which incorporates heating and air conditioning equipment, electrical meter and trash areas should be provided, appropriately located and properly screened. The service yard should be convenient to a kitchen exit, driveway, and outdoor storage.
Boats, trailers or any other recreational vehicles, shall be stored in the common storage yard provided near the entrance of Eagle Landing. Temporary storage on individual lots for a period not exceeding seven (7) days can be allowed.
Fencing for dogs and children should be designed as an integral part of the house. "Accent" fencing as port of an overall landscape plan may be used in the front yard only with the prior approval of the Architectural Board. Fencing of back yard areas for dog runs should not come off the front comers of the house, but extend as nearly as possible straight back from the bock comers of the house. Chain link fencing will not be approved other than for dog runs or tennis courts, in which case they shall be constructed with dark green or block vinyl coating of posts and fabric, and shall not be visible from public areas. Fencing for a front or side yard along a street must be of a compatible style, material and color to the house and its trim.
7.17. Mailboxes/Paper Boxes:
Combined mailbox and paper box design must conform to the configuration shown. Routed house numbers (2" high Times Roman" typeface) only are allowed in the location shown. Box, post and brocket must be pointed one color (Benjamin Moore Essex Green #110-436) available at Virginia Paint Store. Apply primer coot before pointing. Mailbox size shall be U.P. Postal size # 1 1/2 installed according to
U.S. Postal specifications.
Mailboxes shall be located within five (5) feet of the driveway toward the center of the front property line and within three (3) feet of the rood pavement.
Site lighting shall generally be limited to indirect or "absolute cutoff type lighting, meaning all lamps or light sources within a fixture shall be shielded from ordinary field of view. The only exception to this is that exterior post lamps, low intensity landscape lights and floodlights mounted on the house are permitted. Such ornamental fixtures shall be compatible in style, materials and placement with the architecture of the residence.
7.19. Lawns and Planting:
In general, the selection of plant material must be complimentary to or in the same vernacular as the design theme established for each residence. A schedule of plant materials to be used, including types, sizes and specifications shall be submitted for approval by the Architectural Board in conjunction with the required submission of architectural materials.
As guidelines for minimum plant material sizes required is as follows:
Shade Trees 2 - 2 1/2" caliper
Ornamental Trees 6' to 8' height, or 1 1/2" - 2" caliper
Evergreen Trees 5' to 6' height
7.20. Satellite Dishes and Antennas:
Antennas that do not meet the OTARD requirements, as defined in the 1996 Telecommunications Act, as amended, are not allowed without specific approval. If approved, they may not exceed eight (8) feet in height and will require screening from any adjoining property or public view.
Antennas that do meet the OTARD requirements*, as amended, may be installed provided the installation complies with the OTARD provisions of the Act and all applicable Federal, State of Virginia and local safety requirements. For such installations, lot owners are requested to consider the following preferences where the availability of an acceptable signal allows:
Screening from adjoining property and public view
Avoiding roof installations
Locating behind the front plane (generally the street side) of the home
Generally, the OTARD requirements apply to:
End-user antennas located in an area under the exclusive use and control of the property owner.
Antennas that are not more than 1 meter in diameter, and designed to receive direct broadcast satellite service, or to receive and transmit fixed wireless signals via satellite.
Antennas that are not more than 1 meter in diameter and designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals (for example high speed internet access at a fixed location) other than from a satellite.
Antennas that are designed to receive local television broadcast signals.
For specific OTARD regulations, please refer to 47 CFR 1.4000.
7.21. Wood Decks and Steps:
As limited under Article 6.08, site structures above ground shall be constructed primarily of wood, including the following acceptable materials: .40 CCA pressure-treated southern yellow pine (unfinished. clear finish, or stained), redwood, cedar or cypress (clear or stain finish). Above ground structures may be constructed on masonry foundations or on pressure treated wood posts. Creosote treated wood products are not permitted.
All electric, telephone, cable and other utility services shall be placed underground. Individual homeowners shall be required to provide their own septic systems and well in accordance with local and
State health requirements, particularly with regard to the requirements of the Chesapeake Bay Act (reference Article 7.02 of this Section). Individual lots in Eagle Landing have been adequately sized to accommodate septic facility requirements in accordance with the Chesapeake Bay Act.
7.23. Construction Signs:
Only one construction sign per site is allowed for identification of the architect(s), general contractor, subcontractors and suppliers. This sign should be approximately 18" x 24" and shall not exceed 3.00 square feet in total area. This sign should be displayed on a 4 x 4 post or below the lot identification sign and shall be removed after substantial completion of the house. The building permit may be displayed on either the sign post or the lot identification sign post. Special exceptions may be permitted for architectural renderings. Additional sign area will be allowed for renderings of the proposed dwelling which are incorporated into the construction sign.
No other temporary signage is allowed except for sales signs and the lot identification sign provided by the developer.
7.24. Sales Signs:
Such signs ore only to be erected by the project developer.
Upon ARB review and approval, each property owner may erect a house or property identification sign which is appropriate to the character of the Eagle Landing Community.