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201904287
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Last modified
12/9/2019 6:42:48 PM
Creation date
7/23/2019 4:33:28 PM
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DEEDS
Inst Number
201904287
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201 304287 <br />in its sole discretion, to approve or reject any such landscape plan if, in its opinion, such landscape <br />plans does not conform to the general standard and character of landscape plans for other Lots <br />located within the Residential Property. <br />Lot Owner shall be responsible for completing the planting of all items identified on <br />the landscape plan within the same planting season as occupancy. <br />c. Transfer of plan approval right. The Declarant may, in its discretion, transfer <br />plan approval rights to the Association. Such transfer shall be by a writing which shall be filed with <br />the Register of Deeds of Hall County. In addition, Declarant shall transfer its records with regard to <br />prior plan approval to the Association. After such transfer, the Board of Directors shall appoint a <br />committee of not less than three (3), nor more than five (5), persons from the Class A, B and C <br />members of the Association as a committee for the purpose of maintaining architectural consistency <br />of the construction upon the Lots. The appointees shall serve such terms as the Board determines. <br />D. Grading and Erosion Control. Declarant shall have the sole and exclusive right to <br />establish grades, slopes and/or contours on all Lots and to fix the grade upon which any residence <br />shall be placed or constructed upon any Lot. Once such grades, slopes and/or contours have been <br />established by the Declarant, they shall not be changed in connection with the construction of any <br />residence on a Lot without prior written permission from the Declarant, but in no event will any such <br />Lot be graded or sloped so as to change the flow of surface waters to or from adjoining Lots. If any <br />damage is caused to an abutting Lot during construction, the Lot Owner of the Lot upon which <br />construction is taking place shall be responsible for repairing such damage and returning the abutting <br />Lot to its original condition. If upon notice from Declarant to repair an abutting Lot, the Lot Owner <br />of the Lot upon which construction is or has taken place or his/her contractor fails to comply within <br />seven (7) days of delivery of such notice, Declarant may take such measures as may be necessary to <br />repair the damage done to the abutting Lot and charge the cost of the measures to the Lot Owner. <br />Such charges, when shown of record, shall be a lien upon the Lot and shall bear interest at the rate of <br />delinquent real estate taxes per annum until paid. <br />The adequacy of erosion control measures on a Lot shall be subject to continual <br />review during construction. Declarant shall have the right to require any Lot Owner to maintain silt <br />fences or other additional measures if soil is observed to be eroding onto abutting Lots, waterway, <br />sidewalk or into any street or private roadway. If upon notice from Declarant to repair, maintain or <br />take additional measures to control erosion, the Lot Owner of any Lot or his/her contractor fails to <br />comply within forty-eight (48) hours of delivery of such notice, Declarant may take such measures as <br />may be necessary to control the erosion and charge the cost of the measures to the Lot Owner. Such <br />charges, when shown of record, shall be a lien upon the Lot and shall bear interest at the rate for <br />delinquent real estate taxes per annum until paid. <br />E. Removal of Dirt. No dirt from grading, excavation or resulting from any other activity on <br />any Lot may be removed from the Property without the prior written permission of Declarant. The <br />cost to remove or relocate the dirt from grading or excavation shall be borne by Lot Owner. The <br />Declarant may, in the Declarant's sole discretion, at such time as the Declarant deems appropriate, <br />transfer, convey and assign to the Association the right to designate an area for stockpiling dirt. <br />14 <br />
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