| PART II
ADDITIONAL RESTRICTIONS TO IMPLEMENT
EFFECTIVE ENVIRONMENTAL AND
LAND MANAGEMENT CONTROLS
In order to protect the natural beauty of the vegetation,
topography, and other natural features of all Properties within Woodlake and the beauty
and purity of the Swift Creek Reservoir and other watershed areas in Woodlake, the
following environmental and land management controls are hereby established:
1. Topographic and vegetation characteristics of Properties
within Woodlake shall not be altered by excavation, grading, removal, reduction, addition,
clearing, cutting, pruning, seeding, planting, transplanting, or any other means without
the prior written approval of the Company. Written approval will be granted hereunder only
after a land management plan designed to protect the Swift Creek Reservoir from pollution
resulting from erosion, pesticides, or the seepage of fertilizer or other materials has
been submitted to and accepted by the Company. In addition, the Company may, at its
election, require prior written approval of a landscape plan. Refusal or approval of plans
or any alteration of topographic or vegetation characteristic(s) may be based by the
Company upon any ground, including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Company seems sufficient. Written approval will be granted
for the minimum amount of earth movement and vegetation reduction required in plans and
specifications approved pursuant to the provisions of paragraph 1 of Part I of these
covenants. Should written notice be served by the Company upon any Property Owner
requiring corrective alteration of topographic and vegetation characteristics pursuant to
paragraphs 3 and 4 of this Part II, such notice shall be deemed to constitute written
approval by the Company for such corrective alteration under the provisions of this
paragraph 1.
2. Notwithstanding anything in the foregoing to the contrary,
the Company reserves the right to promulgate and amend from time to time landscape
guidelines (referred to hereinafter as the "Landscape Guidelines") which shall
establish approved standards, methods, and procedures for landscape management on specific
Properties in Woodlake, and such authorized standards, methods, and procedures may be
utilized by the owners of such specified Properties without prior written approval by the
Company; provided, however, no trees measuring six (6) inches or more in diameter at a
point two (2) feet above the ground level may be removed without the prior written
approval of the Company. Approval for the removal of trees located within ten (10) feet of
the main dwelling or accessory building or within ten (10) feet of the approved site for
such building will be granted unless such removal will substantially decrease the beauty
of the Property. The provisions of this paragraph 2 shall in no way constitute a waiver of
the requirement to receive prior written approval for any alteration in topographic or
vegetation characteristics, pursuant to the provisions of paragraph 1 of Part I, other
than for those alterations specifically authorized in said Landscape Guidelines.
3. In order to implement effective and adequate erosion
control and protect the purity and beauty of the Swift Creek Reservoir, the Company and
its agents shall have the right to enter upon any Property before or after a building or
structure has been constructed thereon for the purpose of performing and grading or
landscaping work or construction and maintaining erosion prevention devices. Provided,
however, that prior to exercising its right to enter upon the Properties for the purpose
of performing any grading or landscaping work or constructing or maintaining erosion
prevention devices, the Company shall give the Owner of the Property the opportunity to
take any corrective action required by giving the Owner of the Property written notice
indicating what type of corrective action is required and specifying in that notice that
immediate corrective action must be taken by the Owner. If the Owner of the Property fails
to take the corrective action specified immediately, the Company or its agent may then
exercise its right to enter upon the Property in order to take the necessary corrective
action. The cost of such erosion prevention measures, when performed by the Company or its
agent, shall be kept as low as reasonably possible. The cost of such work, when performed
by the Company or its agent on an improved Property or any Property for which a building
permit has been issued by the appropriate governmental authorities, shall be paid by the
Owner thereof.
4. In order to implement effective insect, reptile, rodent,
and woods fire control, the Company and its agents have the right to enter upon any
Property for the purpose of mowing, removing, clearing, cutting, or pruning underbrush,
weeds, or other unsightly growth which is in the opinion of the Company detracts from the
overall beauty, setting, and safety for Woodlake. The cost of this vegetation control
shall be kept as low as reasonably possible and shall be paid by the Owner of the
Property. Such entry shall not be made until thirty (30) days after the Owner of the
Property has been notified in writing of the need of such work and unless such Owner fails
to perform the work within said thirty (30) day period. The provisions in this paragraph
shall not create any obligation on the part of the Company to mow, clear, cut or prune any
Property.
5. In addition, the Company reserves unto itself, its
successors and assigns, and its agent, a perpetual, alienable, and releasable easement and
right on, over, and under any Property to dispense pesticides and take other actions which
in the opinion of the Company are necessary or desirable to control insects and vermin,
and to cut fire breaks and take other actions which in the opinion of the Company are
necessary or desirable to control fires on any Property or any improvements thereon.
The rights reserved unto the Company, its successors and
assigns, and its agents, in this paragraph 5 and in paragraphs 3 and 4 above shall not be
unreasonably employed and shall be used only where necessary to effect the stated intents
and purposes of said paragraphs.
6. Swift Creek Reservoir is a primary water supply for
Chesterfield County, Virginia, and the Company, the Association, and Owners and tenants of
Property within Woodlake have a responsibility to avoid causing material adverse effects
to the beauty, quality, and purity of the waters thereof. In order to insure that this
responsibility is fully met, the Company reserves the right to promulgate and amend from
time to time environmental rules and regulations (hereinafter referred to as the
"Environmental Rules and Regulations") which shall govern such sensitive
environmental activities as erosion control measures, the application of fertilizers,
pesticides, and other chemicals, and any activities as may materially affect the waters of
the reservoir. Failure of any Owner or tenant of Property in Woodlake to comply with the
requirements of such rules and regulations shall constitute a breach of these covenants.
The Company hereby reserves unto itself, its successors and assigns, and its agents, a
perpetual, alienable, and releasable easement and right on, over, and under all Property
in Woodlake for the purpose of taking any action necessary to effect compliance with the
Environmental Rules and Regulations or to abate any threat to the Swift Creek Reservoir.
The cost of such action by the Company, or its agents shall be paid by the Owner(s) of the
Property upon which the work is performed. The provisions of this paragraph shall not
create any obligation on the part of the Company to take any action to effect compliance
with the Environmental Rules and Regulations or to provide water pollution control on any
privately owned Property. |