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COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR Wicklow Greens
The
Covenants, Conditions and Restrictions (CC&Rs) for
Wicklow Greens are extensive. Property owners should have
been provided a complete copy at the time of purchase.
Click here for a copy of the
Covenants & Deed Restrictions.
Click here for the
Design Standards Manual--2007
Ver3.
Article 7 covers the issues related to architectural review
and is the Article of most interest to our residents. Therefore,
we are including herein only those sections. To obtain an
application for architectural change, contact EPM Services
or go to the page on this website entitled "Architectural Review" to print an application.
Article 7, Permitted Uses and Restrictions.
Section
7.3 (2) Restrictions On Use. Except as planned
or constructed by Developer, no solar heating or cooling
units or other type of solar unit shall be constructed,
erected, placed or maintained upon any Lot or structure
within Wicklow Greens, nor shall changes or additions thereto
be made, until the plans and specifications showing the
same shall have been submitted to and approved in writing
as to harmony of external design and location in relation
to the Lot and structure and to surrounding structures and
topography by the Board or by the Architectural Committee
composed of three (3) or more representatives appointed
by the Board. In considering the plans and specifications
for approval, the Committee should require that solar units
installed on Dwelling Units with built-up roofs meet the
following requirements. . ." Note: Detailed specifications
for installation are set forth in the CC&Rs.
Section
7.9 Maintenance of Lawns and Plantings. Each
Owner of a Lot or Parcel shall keep all shrubs, trees, hedges,
grass and plantings of every kind located on his Lot or
Parcel (including set back areas and Common Areas), neatly
maintained and trimmed, except to the extent such items
are aesthetically consistent with the overall appearance
of the Real Property without such maintenance or trimming,
and shall keep all such areas free of trash, weeds and other
unsightly material; provided, however, that such Owner shall
not be responsible for maintenance of any area over which
(1) the Association assumes the responsibility in writing;
(2) the Association has been given such responsibility by
a Tract Plat; Tract Declaration or other recorded instrument,
as provided in this Declaration; or (3) any governmental
authority or entity assumes responsibility, for so long
as the Association or such governmental authority assumes
or has responsibility as provided in this Declaration."
Section
7.10 Animals. No animals, birds, fowl, poultry,
or livestock, other than a reasonable number of generally
recognized house or yard pets, shall be maintained on any
portion of the Property and then only if they are kept,
bred or raised thereon solely as domestic pets and not for
commercial purposes. No animal shall be allowed to make
an unreasonable amount of noise, or to become a nuisance,
and no animal is permitted anywhere in Wicklow Greens unless
such animal is on a leash and accompanied by its owner.
No structure for the care, housing or confinement of any
animal shall be maintained so as to be Visible from Neighboring
Property. Upon written request of any Owner, the Board shall
determine, in its discretion, whether, for the purposes
of this paragraph, a particular animal is a generally recognized
house or yard pet, or nuisance, or whether the number of
animals on any such portion of the Property is reasonable.
Any decision rendered by the Board shall be enforceable
as to the restrictions contained herein."
Section
7.11 Antennas. No antennas or other device for
the transmission or reception of television or radio signals
or any other form of electromagnetic radiation shall be
erected, used or maintained outdoors on any property, whether
attached to a building or structure or otherwise, unless
approved by the Architectural Committee."
Section
7.13 Improvements and Alterations. No improvements,
alterations, repairs, excavations, landscaping or other
work which in any way alters the exterior appearance of
any portion of the Real Property or the Improvements located
thereon from its natural or improved state existing on the
date such portion of the Property was first conveyed in
fee to a Purchaser shall be made or done without the prior
written approval of the Architectural Committee, except
as otherwise expressly provided in this Declaration. No
building, fence, wall, landscaping, residence or other structure
shall be commenced, erected, maintained, improved, altered,
made or done without the prior written approval of the Architectural
Committee or any committee established by the Architectural
Committee for said architectural review purpose. All additions
to or changes or alterations in any landscaping, building,
fence, wall or other structure, including exterior color
scheme, shall be subject to the prior approval of the Architectural
Committee. No change or deviations in or from such plans
and specifications once approved shall be made without the
prior written approval of the Architectural Committee."
Section
7.15 Motor Vehicles. No motor vehicle classified
by manufacturer rating as exceeding ¾ ton, mobile
home, travel trailer, tent trailer, trailer, camper shell,
detached camper, boat, boat trailer, or other similar equipment
or vehicle may be parked, maintained, constructed, reconstructed
or repaired on any Lot, Parcel, Common Area, or on any street
in the Real Property so as to be Visible From Neighboring
Property or the Common Area; provided, however, the provisions
of this section shall not apply to (1) pickup trucks of
¾ ton or less capacity with camper shells not exceeding
7 feet in height measured from ground level and mini-motor
homes not exceeding 7 feet in height and 18 feet in length
which are parked as provided below and are used on a regular
and recurring basis for basic transportation, or (2) trucks,
trailers, camper and other vehicles parked in specific areas
from time to time designated or provided by the Association
for parking thereof, including the Specified Parking Areas,
when and if so provided. No automobile, motorcycle, motorbike
or other motor vehicle shall be constructed, reconstructed
or repaired upon any Lot, Parcel or Common Area in Wicklow Greens, and no inoperable vehicle may be stored or parked
on any such Lot, Parcel or Common Area, so as to be Visible
From Neighboring property or to be visible from Common Areas;
provided, however, that the provisions of this shall not
apply to (1) emergency vehicle repairs or temporary construction
shelters or facilities maintained during, and used exclusively
in connection with, the construction of any Improvement
approved by the Architectural Committee; (2) vehicles parked
in garages on Lots or Parcels so long as such vehicles are
in good operating condition and appearance and are not under
repair; (3) the storage of such vehicles in an area designated
for such purposes on a Subdivision Plant, Tract Declaration
or otherwise by the Association, including but not limited
to Specified Parking Areas. Motorcycles, all terrain vehicles,
and similar motorized vehicle (collectively, 'Recreational
Motorcycles') shall be permitted to operate only for transportation
purposes on those portions of Wicklow Greens from time to
time designated on the Plat, Subdivision Plat, or Tract
Declaration, or by the Board, for motorized traffic, and
shall not be operated at noise levels offensive or otherwise
a nuisance to Residents. Recreational Motorcycles shall
not be permitted on the Property if used primarily by the
owners or operators thereof on the Property for recreational
or uses other than in satisfaction of basic transportation
needs. The Board shall have the authority to set speed limits,
designate pedestrian crosswalks and otherwise control traffic
flow on the Property."
Section
7.16 Parking. It is the intent of the Declarant
to restrict on-street parking as much as possible. Vehicles
of all Owners and Residents, and of their employees, guests
and invitees, are to be kept in garages, carports, residential
driveways of the Owner, and other designated parking areas
wherever such facilities are sufficient to accommodate the
number of vehicles at a Lot or Parcel; provided, however,
this shall not be construed to permit the parking in the
above described areas of any vehicle whose parking on the
Property is otherwise prohibited, or the parking of an inoperable
vehicle. The Board, or its designated Manager, shall have
the authority to cause any vehicle parked, located or used
in violation of any provision of the Declaration, or the
Association Rules, to be removed from the Real Property,
and to charge the owner or operator thereof a reasonable
fee for such removal and any storage of such vehicle."
Section
7.17 Nuisances; Constructive Activities. No rubbish
or debris of any kind shall be placed or permitted to accumulate
upon or adjacent to any Lot or Parcel, and no odors or loud
noises shall be permitted to arise or emit therefrom, so
as to render any such portion of the Real Property, or activity
thereon, unsanitary, unsightly, offensive or detrimental
to any other portion of the Real Property in the vicinity
thereof or to the occupants or such other portion of the
Real Property. No other nuisance shall be permitted to exist
or operate upon any Lot or Parcel so as to be offensive
or detrimental to any other portion of the Real Property
in the vicinity thereof or to its occupants. Without limiting
the generality of any of the foregoing provisions, no exterior
speakers, horns, whistles, firecrackers, bells or other
sound devices, except security devices exclusively for security
purposes, shall be located, used or placed on any such portion
of the Real Property. Reflective glass, glass covering,
window film or similar reflective exterior glazing or wall
covering shall not be permitted on any Improvement on any
portion of the Real Property. Exterior lighting shall not
be located, directed, or of an intensity so as to be offensive
or a nuisance to adjacent property, and shall in all respects
be subject to review and approval of the Architectural Committee.
Normal construction activities and parking in connection
with the building of Improvements on a Lot or Parcel shall
not be considered a nuisance or otherwise prohibited by
this Declaration, and trash and debris shall not be considered
a nuisance or otherwise prohibited by the Declaration, but
Lots and Parcels shall be kept in a neat and tidy condition
during construction periods. Trash and debris shall not
be permitted to accumulate, and supplies of brick, block,
lumber and other building materials will b piled only in
such areas as may be approved by the Architectural Committee.
In addition, any construction equipment and building materials
stored or kept o any Lot or Parcel during construction of
Improvements may be kept only in areas approved the Architectural
Committee, which may also require screening of the storage
areas. The Board in its sole discretion shall have the right
to determine the existence of any such nuisance."
Section
7.18 Repair of Building. No building or structure
upon any portion of the Real Property shall be permitted
to fall into disrepair, and each such building and structure
shall at all times be kept in good condition and repair
and adequately painted or otherwise finished."
Section
7.19 Trash Containers and Collection. No garbage
or trash shall be placed or kept on any portion of the Real
Property within Wicklow Greens except in covered containers
of a type, size and style which are approved by the Architectural
Committee. In no event shall such containers be maintained
so as to be Visible From Neighboring Property except to
make the same available for collection and then, only the
shortest time reasonable necessary to effect such collection.
. ."
Section
7.20 Clothes Drying Facilities. Outside clothes
lines or other outside facilities for drying or airing clothes
shall not be erected, placed or maintained on any portion
of the Real Property."
Section
7.24 Signs. No signs whatsoever (including but
not limited to commercial, political and similar signs)
which are Visible From Neighboring Property shall be erected
or maintained on any Lot or Parcel except:
(a)
Signs required by legal proceedings.
(b) Signs (including 'for sale' and 'for lease' signs) the
nature, number, and location of which has been approved
in advance and in writing by the Architectural Committee.
(c) Temporary signs of builders on any Lot or Parcel approved
from time to time by the Architectural Committee as to number,
size, colors, design, message content, location, type and
duration of presence thereon.
(d) Such other signs (including but not limited to residence
identification
signs, construction job identification signs, builders'
signs, street signs, warning signs, traffic routing signs
and subdivision signs) which are in conformance with the
requirements of a governmental authority or entity having
jurisdiction thereof and which have been approved in writing
by the Architectural Committee as to size, color, design,
message content and location."
Section
7.27 Drainage. No one shall interfere with the
established drainage pattern over any Lot, Parcel or Common
Area within Wicklow Greens without the prior written approval
of the Architectural Committee. For purposes of this section,
'established drainage' shall mean the drainage which exists
at the time the overall grading of the Lot, Parcel or Common
Area is completed or the drainage which is shown on plans
approved by the Architectural Committee."
Section
7.33 Wood Storage. Wood piles to be stored must
meet the following provisions:
(a)
No more than one fourth (1/4) of a cord may be stored at
any one time.
(b) The wood must be stacked in an orderly fashion so as
not to detract from the aesthetics of the surrounding property.
(c) The wood must be stored in a place that will not interfere
with regular
gardening and lawn service or sprinkler operation.
(d) The Owner assumes all responsibility for any insect
problems (termites, ants, etc.) that may result from wood
storage."
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