RULES & REGULATIONS | sherman-pines

RULES AND REGULATIONS

DECLARATION: SECTION 4.08. Rights and Easements to Owners.
Every Owner shall have a pedestrian easement for ingress and egress over and to all Association Property. The Association Property shall not be altered in any way and nothing shall be constructed on or removed (other than debris) from the Property without prior submission of plans to, and written consent of, the Board of Directors.

DECLARATION: SECTION 4.02. Right and Easement of Enjoyment in and to Association Property.
Every Owner and such Owner’s guests, licensees, lessees and invitees shall have a right and easement of enjoyment in and to all Association Property. The Association Property shall not be altered in any way and nothing shall be constructed or removed (other than debris) from the Property without prior submission of plans to the Architectural Committee and consent of the Board of Directors in accordance with Article VII of this Declaration (Architectural Control).

DECLARATION: SECTION 8.03. Insurance to be Carried by Owners.
Each Owner shall, at such Owner’s expense, obtain casualty insurance for the full replacement cost of such Owner’s Home and general liability insurance for occurrences within such Owner’s Home and on such Owner’s Lot, naming the Association as an additional insured on the policy and provide the Association evidence of such coverage upon the anniversary of such policy, if requested in writing by the Board of Directors.

DECLARATION: ARTICLE IX. GENERAL COVENANTS AND RESTRICTIONS

Section 9.01. The Homes.

Residential Purposes Only. The Homes shall be used only for residential purposes and purposes incidental and accessory thereto. This shall not prohibit an Owner or occupant from maintaining an office within the Home, providing no extraordinary traffic results, there are no alterations or modifications to the exterior of the Home and no signs or other evidence of such office are displayed in any window, on the exterior of any Home or anywhere on the Property. No Home shall contain more than three (3) bedrooms. Plumbing fixtures installed in each Home shall consist of toilets and showers employing water-saving devices such that the toilets are 1.6 gallons per flush or less and water-saving shower heads. No outside television or radio satellite dish or antenna for any transmission or receiving purposes, shall be erected upon any Lot and/or Home or other portion of the Property.

Section 9.02. Pets.

All pets shall be subject to the municipal laws and no unleashed pets shall be permitted to roam on any portion of the Association Property. The Board of Directors may prohibit the keeping of certain types of pets entirely. The Board of Directors shall the right to require any Owner (or any lessee or family member or guest of any Owner or lessee) to remove the pet from the Home, or the Association Property, if, in the opinion of the Board of Directors, acting in its sole discretion, such pet is creating a nuisance.

Section 9.03. Parking.

No recreational vehicles, including, but not limited to, all terrain vehicles, motor bikes, motorcycles, minibikes, snowmobiles, boat trailers, campers or other such vehicles shall be permitted on the premises at any time for any reason, other than to be transported to and from the garage of the Home occupied by the owner of such vehicles. Any such vehicles brought onto the Property must be parked within the garage. Unless used in connection with the maintenance of the Property, the following shall not be permitted to remain overnight on the Property: Commercial vehicles; or Unlicensed motor vehicles of any type. Vehicles parked in unauthorized areas or in any manner impeding or preventing ready access to the Property shall be towed from the premises at the expense of the respective owner of such vehicle so parked. The Board of Directors, Managing Agent or authorized employee of either, may order such removal on behalf of the Board of Directors after giving reasonable notice to the owner of the vehicle to remove such unauthorized parked vehicle, if such owner is known, and shall not be liable for any costs, loss or damage of any nature whatsoever, directly or indirectly, resulting therefrom or connected therewith. Notice is not required prior to removing a vehicle blocking the roadway or impeding access by emergency vehicles. Any additional vehicles belonging to guests of occupants will be parked in such areas as designated for such purpose by the Board of Directors. The roadways will be dedicated to the Town of Queensbury and parking on the roadways may only be allowed in accordance with the regulations of the Town.

Section 9.04. Use of the Property.

No signs or other advertising device of any nature shall be placed for display to the public view on any Home, or other portion of the Property (including temporary signs advertising Homes for sale or rent) except with the consent of the Board of Directors. Any screen planting, fence enclosure or walls initially planted, installed or erected by the Sponsor shall not be removed or replaced by any Other except with prior written permission of the Board of Directors. Except for the foregoing, no fence, wall or screen planting of any kind shall be planted, installed or erected upon any portion of a Lot and/or Home without prior written permission of the Board of Directors. Notwithstanding the foregoing, no fence, wall or screen planting shall be maintained so as to obstruct sigh lines for vehicular traffic.

Added by Amendment No. 1 to the Declaration: Fencing shall be permitted to enclose rear yards only. Rear yard fencing will be stockade fencing construction only (except for swimming pool enclosures), no higher than six feet (6'). The Owner shall provide notice to the Board of Directors no less than five (5) working days prior to the installation, complete with the name and address of the contractor erecting the fence and evidence of the contractor’s current liability and workers’ compensation. No fencing shall obstruct access to the septic tank on the Lot nor to the leach field servicing such septic tank.

Trees and Other Natural Fences. No trees six inches (6") or more in diameter at a height of four feet (4') from ground level (other than diseased or dead trees) shall be removed from any portion of the Property, except with the prior written consent of the Board of Director

Outdoor Storage. No storage of personal property, shall be permitted outside the Home, on the patio or elsewhere on the Property, except for customary seasonal outdoor furniture, grills and the like. Up to one-half cord of firewood may be stored in the patio area or in such area as will not be visible from the roadway or other Homes. No outdoor storage structures may be constructed and/or otherwise placed on any portion of the Property.

Added by Amendment No. 1 to the Declaration: One (1) outdoor storage structure will be allowed on a Lot, shall be of the same color and have the same siding as the Home and shall be in compliance with the Town of Queensbury Building Codes, which are as follows:

(i) A storage structure of 100 square feet or less in size does not require a permit.  However, such storage structure shall meet set back requirements of no less than five feet (5’) from the property lines.

(ii)  A storage structure over 100 square feet in size requires a permit from the Town of Queensbury and shall meet set back requirements of no less than twenty feet (20') from the rear Lot line and no less than ten feet (10') from the side Lot lines.

(iii)  No storage structure shall be placed over the septic system.

(iv)  The Owner shall provide notice to the Board of Directors no less than five (5) working days prior to the installation, complete with the name and address of the contractor erecting the storage structure, if a contractor is doing the installation, and evidence of the contractor’s current liability and workers’ compensation insurance.

Driveways. Gravel driveways shall have 6" of New York State Department of Transportation Item 304.05, Type 4 compacted material. Asphalt driveways shall have eight inches (8") of run bank gravel, two inches (2") of A.C. binder course Type 3 and one inch (1") of A.C. top course Type 6.

Outdoor Repair Work. No extensive work on any motor vehicles, boats, trailers or other equipment of any kind shall be permitted on any portion of the Property.

Refuse Disposal. Except for building materials being used during the course of construction or repair of any approved improvements, no lumber, metals, bulk materials, refuse or other waste material shall be kept, stored or allowed to accumulate outside the Home or any other portion of the Property. Such refuse may be placed in designated containers for scheduled pickup.

Clotheslines. No outdoor drying or airing of any clothing bedding or other items shall be permitted on or from any Home. No clotheslines of any type shall be permitted on any Home or other portion of the Property.

Flammable Substances. No flammable substances or article deemed hazardous to life, limb or property shall be stored or permitted to be stored in any Home, or other portion of the Property.

Noxious or Offensive Activities. No noxious or offensive activity shall be permitted on any portion of the Property, or in any Home, nor shall anything be done thereon that may be, or may become a nuisance or annoyance to the occupants of other Homes.

No Above Surface Utilities. No facilities, including without limitation, poles and wires for the transmission of electricity or telephone messages, water, sanitary and storm sewer drainage pipes and conduits, shall be placed or maintained above the surface of the ground on any portion of the Property other than as may have been required in the initial development without the consent of the Board of Directors.

Swimming Pools. Added by Amendment No. 1 to the Declaration.

A swimming pool may be installed in the rear yard subject to the following:

(i) In-Ground Pool:
a. obtain a permit from the Town of Queensbury.

b. The pool must be enclosed with a four-foot fence with a self-latching gate. This fencing may be vinyl-clad chain-link.
c. Must meet the set back requirements of no less than twenty feet (20') from the rear Lot line and no less than ten feet (10') from the side Lot lines.

d. May only be located in the rear yard.

e. May not be located over the septic system.
f. The Owner shall provide notice to the Board of Directors no less than five (5) working days prior to the installation, complete with the name and address of the contractor installing the pool and evidence of the contractor's current liability and workers' compensation insurance.

(ii) Above-Ground Pool:
a. Obtain a permit from the Town of Queensbury.

b. The pool is to be enclosed with a pressure-treated wood enclosure.

c. Must meet the set back requirements of no less than twenty feet (20') from the rear Lot line and no less than ten feet (10') from the side Lot lines.

d. May only be located in the rear yard.

e. May not be located over the septic system.

f. The Owner shall provide notice to the Board of Directors no less than five (5) working days prior to the installation, complete with the name and address of the contractor installing the pool and evidence of the contractor's current liability and workers' compensation insurance.

Section 9.05. General.

Set Backs. All structures on the Home shall be set back at least thirty feet (30') from the front Lot line and twenty feet (20') from the rear Lot line. Side yard set backs shall be not less than ten feet (10') and shall comply with the minimum set back restrictions contained in the Town of Queensbury Zoning Ordinance applicable at the date of construction.

Clearing. No more than sixty percent (60%) of the Lot area shall be cleared and no clearing shall take place within ten feet (10') of the side and rear Lot lines, except as may be necessary to install and maintain the septic system.

THE BOARD OF DIRECTORS MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS, FROM TIME TO TIME, AS MAY BE NECESSARY TO PRESERVE AND ENHANCE THE PROPERTY OF THE SHERMAN PINES HOMEOWNERS’ ASSOCIATION, INC.