HomeMy WebLinkAboutPacket
Bella Terra Overview
Bella Terra is proposed to be an eight (8) lot subdivision on 8.21 acres in western Clay
Township. The project is located at the northeast comer of the intersection of Towne
Road and 106th Street. The site consists of six (6) parcels ranging is size from 0.05 acres
to 4.04 acres and is bounded by Crooked Stick Estates to the east, Towne Road to the
west, 106th Street to the south and Augusta Lane in Crooked Stick West on the north.
The parcel has 1332.619 feet of frontage on Towne Road and 326.90feet of frontage on
106tli Street. The site currently zoned S-1 residential. The property is mostly wooded
and has an abandoned house that has been an eyesore and nuisance in this area for a
number of years. The site is not encumbered by any mapped wetlands or floodplains.
The proposed subdivision is intended to be accessed via a private drive that ties into
Towne Road in two (2) locations. The purpose of the private drive is to eliminate the
number of driveway cuts onto Towne Road which is classified as a Residential Parkway
in the City of Carmel's Thoroughfare Plan. This roadway classification discourages
individual lot access to the street and promotes the use of fewer points at which traffic
from side streets enter into traffic. The Residential Parkway cross section includes two
lanes in each direction with a center, planted median. The current configuration of the
106th Street and Towne Road intersection has a center concrete median that extends
approximately 925 feet north of the intersection. The private drive as configured would
allow for internal traffic to go north and exit to southbound Towne Road without having
to construct a cut in the existing median or having to travel northbound on Towne Road
and perform a u-turn if wanting to travel south.
The developer intends to construct eight custom homes on the property ranging in price
from $650,000-$900,000. Each lot is approximately one acre and the minimum building
square footage will be 3200 on the first two levels. The locations of the homes will
attempt to preserve as much of the existing trees as possible. Each home will be served
by public water and sanitary sewer mains. Water service will be provided by Veolia
Water, formerly the Indianapolis Water Company. Sanitary sewer service will be
provided by the Clay Township Regional Waste District. Other services in the area
include electric service by Cinergy, gas service by Vectren Energy, telephone service by
SBC, and cable television service by Brighthouse Networks.
When all.approvals have been granted, the developer intends to break ground in the early
spring of2005.
BELLA TERRA
ARCHITECTURAL REVIEW BOARD
REGISTER OF REGULATIONS
Septem ber 16, 2004
Thank you for selecting a lot in Bella Terra as your building site. In an effort to make the building
process easier, this document summarizes important information from the Declaration of Covenants
and Restrictions. You should refer to the Declaration for a complete description of the regulations
summarized here for your convenience.
BUILDING PLAN APPROVAL:
An Architectural Review Board is established in the Declaration to review lot development plans
for each home constructed in The Bella Terra neighborhood. Before a building permit. can be
obtained, each builder must submit at least (2) complete sets of floor plans, including the foundation
plan, all four (4) elevations, and a plot plan completed and stamDed by a Registered Professional
Engineer. FAXED COPIES OF PLOT PLANS ARE NOT ACCEPT ABLE. Building plans will
be considered incomplete if not accompanied by a plot plan, and final approval will be withheld.
Please see the attached plot plan checklist for a complete list of items that your engineer must
include. Weare happy to mail or fax a copy of this checklist to your engineer upon request.
Plans should be delivered to 10916 Tam-O-Shanter Drive, Carmel, IN 46032. Please allow three to
five (3-55) days for approval. Please read the conditions for approval written on your plans; you
will be held responsible for making any requested changes.
PRELIMINARY APPROVALS:
If you have preliminary house plans and would appreciate knowing whether they would be
approved for Bella Terra, please send usa set of the plans and the Architectural Review Board will
review them. The Architectural Review process is designed to protect you neighborhood and has
been established for you benefit as well as that of your neighbors.
EXTERIOR COLORS AND MATERIALS:
Exterior colors and materials must be approved before masonry work, painting and/or roofing
begin. Chimneys must be finished with masonry or synthetic stucco. Natural materials are
encouraged; aluminum siding, vinyl and masonite are not permitted. T 1-11 is prohibited. The
Architectural Review Board will pay particular attention to design balance, symmetry, and
detailing. Side elevations must wrap to match front fa~ade.
BUILDING STANDARDS:
Per zoning standards and/or the Declaration, minimum standards are as follows:
Minimum lot width at the building line: As per plat.
Minimum front yard: One hundred (100) feet, as per plat.
Minimum side yard: Ten (10) feet each side of the structure, with twenty (20) foot aggregate
Minimum rear yard: Eighty (80) feet
Certain unenclosed features not ove.r eighteen (18) inches above ground level and
architectural features may encroach into required side and rear yards to the extent permitted
by the Carmel Unified Development Ordinance.
Minimum size of residence in finished square feet:
2800 square feet for a one story
Structure
1600 square feet main floor for
structures with more than one story
- minimum total of 3200 square feet
Floor area ratio (the floor area of the home [excluding garages, porches and basements used
for storage] divided by the lot size): 0.5
Driveway width at curb: Minimum of twelve (12) feet, maximum of twenty-two (22) feet.
Side elevations must wrap to match front fa~ade.
LANDSCAPING PLANS:
A landscaping plan must be submitted for every lot in Bella Terra. Each landscaping plan may be
reviewed by landscape design consultants who will recommend to the Architectural Review Board
whether such plan should be approved, approved subject to conditions, or disapproved. Plans are to
be submitted within sixty (60) days after the start of the foundation. The Declaration requires that
landscaping be installed strictly in accordance with an approved plan within thirty (30) days
following substantial completion of the residence if such completion occurs between April 1 and
October 15; otherwise prior to May 1. Minimum standards apply only to installation in the front
yar<L and side yards ifvisible from the street. The current minimum plant expenditure amount (not
including installation, labor, mulch, seeding or sodding of the lawn) is $5000.00.
Ten (10) days are required to review landscaping plans. Sizes and names of all plant material must
be specified. Please make sure landscaping plans are approved before any landscaping materials
are installed. The Declaration provides for enforcement of these regulations.
Landscaping plans must include shade trees and flowering trees. One (1) shade tree and two (2)
flowering trees from the following list must be selected and placed on the property so that they are
visible from the street:
SHADE TREES
Red maple (and varieties)
Norway Maple (and varieties)
Red Oak
Marshall Seedless Ash
Summit Ash (and varieties)
Linden
Sugar Maple (and varieties)
Heritage Birch (and varieties)*
Ginko (male only)
Honey locust (thornless variety)
Sweetgum*
Swamp White Oak*
Black Gum*
KatsUfa Tree
English Oak*
Sawtooth Oak*
Scarlet Oak*
Japanese Zelkova
Rubyred Horsechestnut*
Pagadotree*
American Beech*
European Beech*
Bald Cypress
FLOWERING TREES
Crabapple (approved varieties)
Hawthorne (approved varieties)*
Pear (approved varieties)
Redbud*
Dogwood (and varieties) *
Magnolia*
Japanese Tree Lilac
American Yellowood
Fringe Tree*
Kentucky CoffeeTree*
Hardy Rubber Tree
Golden-Rain Tree*
Golden Chain Tree*
Sourwood.
Silverbell *
Tress denoted with a "*,, shall not be located within nine feet (9') of any curb.
Trees must be at least a two (2) inch caliper.
DRIVEWAYS:
All driveways must conform to City of Carmel permit regulations. No recreational vehicle, motor
home, truck exceeds 1h ton in with, trailer, boat or disable vehicle may be parked or stored
overnight or longer on any Lot in open public view. Driveway requirements include the following:
a) Prior to development or improvement of the lot, a builder or Owner shall be required to
Excavate and install a temporary driveway on the lot. Such driveway shall consist of all
#53 stone or a combination of fabric, #2 stone and #53 stone. The purpose of the
temporary entrance is to prevent the tracking of mud and debris onto the subdivision
streets.
b ) Upon completion of construction, the temporary stone driveway shall be surfaced with a
dust-free surface of asphalt, concrete, brick or aggregate mix to a depth of at least four (4)
inches. At no time shall the driveway material be placed within the flow line of the curb.
c) The width of the finished driveway shall be no less than twelve feet (12') or greater than
twenty-two feet (22') at the property line abutting the Private Drive.
d) Under no circumstances shall a driveway's entrance, including stone, concrete, asphalt or
other material, be constructed or placed behind or over a street inlet casting or manhole.
e) Driveways should be located no closer than two (2') to the line of any adjoining lot. For
turnaround areas, it is suggested that a curb or bumper be installed to prevent tires from
damaging the lawn of adjoining lots, as well as to direct storm water drainage from the
adjoining lot. Turnaround areas not built at grade must be located an additional one foot
(1') away from the lot line for each vertical foot (1') above or below grade~ i.e., a one to one
slope. Driveways may not be located over installed sanitary or storm sewer lines.
LOT MAINTENANCE DURING CONSTRU\CTION:
Each builder is responsible for maintaining a clean and orderly construction site. Lots must be kept
trash-free and mowed. Trash shall not be deposited on other lots within Bella Terra. All builders
are asked to place a trash dumpster on site (and not on adjoining lots). Dumpsters may not be
parked or place on a public street.
During periods of construction on a lot, the builder or Owner shall provide adequate physical
barriers such as erosion silt fencing, straw bales, etc. along the entire street frontage of a lot to
prevent mud and debris from washing from the lot onto the subdivision streets and eventually into
the storm sewer system. Similar methods shall be used to prevent silt from entering and clogging
drainage ways. The root systems of existing trees shall be protected during construction by the use
of wood snow fence or plastic construction fence. If these measures are not in place ten (10) days
after the start of construction on the lot, BP Development LLC or the Homeowners Association has
the right to install required erosion measures and place a lien on the property to recover the amount
of funds expended to perform the work. Temporary seeding of all disturbed areas ofa lot must be
done to preserve topsoil prior to final grading and seeding.
The lot shall be seeded and/or sodded immediately following the final grading of the lot in order to
avoid erosion on the lot.
Lots in the subdivision may contain compacted fill materials. This soil, although it has been
assumed to be properly compacted, may not contain similar engineering properties of undisturbed
soils for the purpose of foundation construction. It is suggested that an Owner consult the
construction plans or the development plans on any lot in Bella Terra prior to commencement of
construction.
Grades may not be altered within ten feet (10') of a sanitary sewer manhole, water valve or storm
drainage structure.
Please remember that the Bella Terra contracts include a Notice to Purchaser containing standards
to which you must adhere. Theses. include:
a) When the basement and/or foundation of the residence is constructed, stone shall be
installed over the path of the driveway as shown on the approved building plans, and shall
be level with the curb at the lot line to avoid curb break-up.
b ) The surface and sub-surface drainage system shall not be altered in any way from the
conditions specified in the development plan for the subdivision and in the approved
building plans for the lot.
c) All trash generated on the lot shall be hauled away from the subdivision on a regular (not
less than weekly) basis and the construction site shall be kept neat and orderly at all times.
d) Construction on the lot shall be undertaken in such a manner as to preclude debris entering
or blocking the storm sewer inlets.
e ) Water service cuts shall not undermine the curbs or alter the sub-surface drainage system.
Any excavated area that adjoins the curb will be backfilled with #53 stone to within 10
inches of the top curb.
Vehicles are not to be driven across other lots and trash, building m.aterials, tools or equipment shall
not be placed or deposited on adjoining lots. Mud tracked onto the streets must be scraped off in a
timely manner. Whenever possible, vehicles should be parked on one side of the street to insure
that traffic can .flow through the area smoothly.
FENCING:
.... t ~ ..
All fencing placed in Bella Terra must be made of black wrought iron or its aluminum equivalent as
approved by the Architectural Review Board. Masonry walls may be permitted, integrated or not
with wrought iron fencing, when deemed appropriate by the Architectural Review Board.
Absolutely no chain link, stockade, shadow box or split rail fencing is permitted. For approval
please include:
· plot plan
. dimensions and placement of structure
· photograph or brochure picture
. color
ACCESSORY STRUCTURES:
The Architectural Review Board serves to protect the value of all homes by providing
uncompromising standards and requirements. Any and all improvements made to a homesite
(including pools, swing sets, deck, gazebos, satellite dishes, etc.) must receive prior approval by the
Architectural Review Board. Concrete pads for basketball goals must not be placed within plotted
drainage, utility, or pipeline easements located on any lot. Absolutely!!!! mini barns, satellite
dishes greater than eighteen (18) inches in diameter, above ground pools, or storage shed will be
permitted or approved. For approval please include:
. plot plan
· dimensions and placement of structure
· photograph or brochure picture
. color
Plans should be submitted to Bella Terra LLC, 10916 Tam-Q-Shanter Drive, Carmel, Indiana
46032.
YARD LIGHTS.. MAILBOXES:
Each Owner must install a six- to eight-foot (6-8') high lamppost equipped with a photoelectric cell
for automatic dusk-to-dawn illumination. The lamppost must be rated for the use of a 100-watt
incandescent bulb and must be placed between the platted building line and the street right-of-way.
Power to the light must be provided by the electrical system of the home located on the lot. The
yard light will be the maintenance responsibility of the Owner who must replace burned out bulbs
immediately upon noticing failure of the yard light to illuminate properly.
All mailboxes in Bella Terra must be uniform size, type and color. Approved mailboxes for Bella
Terra can be ordered from Jeanne Cannody at Address Art (317) 254-1508. The cost of these
mailboxes, including post and installation, In January 2001 is $329.25, including tax.
bI' r ~. ~
OTHER CONCERNS:
Any other concerns regarding the design review process or the policies and procedures of the
Architectural Review Board should be directed to BP Development LLC (317) 571-8799.
The Owner and the Builder are responsible for ensuring that these standards are met. The Owner
will be billed if BP Development LLC is forced to take corrective action.
For more information, please contact:
BP Development LLC
10916 Tam-O-Shanter Drive
Carmel, IN 46032
(317) 571-8799
DECLARATION OF COVENANTS AND RESTRICTIONS
Bella Te.rra
This Declaration, made as of the _day of
LLC, an Indiana limited partnership ("Declarant"),
, 2004, by BP Development,
WITNESSETH:
WHEREAS, the following facts are true:
A. Declarant owns. the real estate located in Hamilton County, Indiana, described in
Exhibit A and. depicted on. Exhibit B, upon which Declarant intends, but is not obligated, to
develop a residential community to be known as Bella Terra.
B. Declarant" intends but is not obligated, to construct certain improvements and
amenities which, if constructed, shall constitute Community Area.
c. Declarant desires to provide for the preservatio.n and enhancement of the property
values, amenities and opportunities in Bella Terra and for the maintenance of the Tract and the
improvements thereon, and to this end desires to subject the Tract together with such additions as
may hereafter be made thereto (as provided in Paragraph 3) to the covenants, restrictions,
easements, charges and liens hereinafter set forth, each of which is for the benefit of the Lots and
lands in the Tract and the future owners thereof.
D. Declarant deems it desirable, for the efficient preservation of the values and
amenities in Bella Terra, to create an agency to which may be delegated and assigned the powers
of owning, maintaining and administering the Community Area, administering and enforcing the
Restrictions, collecting and disbursing the Assessments and charges hereinafter created, and
promoting the recreation, health, safety and welfare of the Owners of Lots in Bella Terra.
E. Declarant has incorporated under the laws of the State of Indiana a nonprofit
corporation known as Bella Terra Homeowners Association, Inc. for the purpose of exercising
such functions.
NOW, THEREFORE, Declarant hereby declares that all of the Lots and lands in the
Tract and such additions thereto as may hereafter be made pursuant to Paragraph 3 hereof, as
they are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used,
occupied and improved, are subject to the following Restrictions, all of which are declared to be
in furtherance ofa plan for the improvement and sale of Lots in the Tract, and are established
and agreed upon for the purpose of enhancing and protecting the value, desirability and
attractiveness of the Tract as a whole and of each of the Residences, Lots and lands situated
therein. The Restrictions shall run with the land and shall be binding pon Declarant, its
successors and assigns, and upon the parties having or acquiring any interest ill the Tract or any
part or parts thereof subj.ect to such Restrictions, and shall inure to the benefit of Declarant and
its successors in title to the Tract or any part or parts thereof.
1. Definitions. The following terns, as used in the Declaration, unless the context
clearly requires otherwise, shall mean the following:
"Applicable Date" means the earlier of (i) the date when all Lots in the
Development Area have been improved by the construction thereon of Residences, (ii)
December 31, 2010 or (iii) the date designated as the Applicable Date by Declarant in a
written notice delivered to the Board of Directors.
"Architectural Control Assessment" means the assessment levied by the
Corporation pursuant to Paragraph 16(e).
"Architectural Review Board" means that entity established pursuant to Paragraph
1 7 of this Declaration for the purposes therein stated.
"Articles" means the Articles of Incorporation of the Corporation, as amended
from time to time.
"Assessments" means all sums lawfully assessed against the Members of the
Corporation or as declared by this Declaration, any Supplemental Declaration, the
Articles or the By-Laws.
"Building Activity" means any activity or undertaking on a Lot of a type
describ.ed in Paragraph 1 7 ( c).
"Building Guidelines" means guidelines and requirements for Building Activity
on the Tract adopted by Declarant or the Architectural Review Board.
"Board of Directors" means the govemingbody of the Corporation elected in
accordance with the By-Laws.
"By-Laws" means the C.ode of By-Laws of the Corporation, as amended from
time to time.
"Commons" means the land denoted on a Plat as "Commons" .or designated-as
"Commons" in any recorded instrument executed by Declarant.
"Corporation" means Bella Terra Homeowners, Inc., an Indiana nonprofit
corporation, its successors and assigns.
"Declarant" means BP Development, LLC, its successors and assigns to its
interest in the Tract other than Owners purchasing Lots or Residences by Deed from
Declarant (unless the conveyance indicated an intent that the grantee assume the rights
and obligations o.fDeclarant).
"Designated Builder" means during such period as such designation by Declarant
may continue, and Person engaged in the construction of more than one (1) Residence on
the Tract who is designated By Declarant as a "Designated Builder". Declarant may
make and revoke any such designation at any time and from time to time. A builder
approved pursuant to Paragraph 32 may, but will not necessarily be, a Designated
Builder.
"Development Area" means the land described in Exhibit A together with any
land contiguous thereto added to the Tract pursuant to Paragraph 3 of this Declaration.
"Drainage Board" means the Hamilton County, Indiana Drainage Board, its
successors or assIgns.
"Drainage System" means the open drainage ditches and swales, the subsurface
drainage tiles, pipes and structures, the dry and wet retention and/or detention ponds, the
Lake and the other structures, fixtures, properties, equipment and facilities located in the
Tract and designed for the purpose of controlling, retaining or expediting the drainage of
surface and subsurface waters from, over and across the Tract, including but not limited
to those shown or referred to on a Plat, all or part of which may be established as legal
drains subject to the jurisdiction of the Drainage Board.
"Entry Ways" means the structures constructed as an entrance to Bella Terra or
part thereof (exclusive of the street pavement, curbs and drainage structures and tiles), the
traffic islands depicted as a designated Block on a Plat and any other traffic islands
dividing a roadway providing access to Bella Terra or a part thereof> and the grassy area
surrounding such structures.
"General Plan of Development" means that plan prepared by Declarant and
approved, if necessary, by appropriate public agencies that outlines the total scheme of
development and general uses of land in the Development Area, as such may be amended
:trom time to time.
"Landscape Easement" means a portion of a Lot denoted on a Plat or described in
a recorded instrument. as an area to be landscaped.
"BellaTerra" means the name by which the Tract shall be known.
"Lot" means a platted lot as shown on a Plat.
"Lot Development Plan" means (i) a site plan prepared by a licensed engineer or
architect, (ii) foundation plan and proposed finished floor elevations, (iii) building plans,
included elevation and floor plans, (iv) material plans and specifications, (v) landscaping
plan, (vi) exterior lighting plan, (vii) tree preservation plan and (viii) all other data or
infonnation that the Architectural Review Board may request with respect to the
improvement or alteration of a Lot (including but not limited to the landscaping thereof)
of the construction or alteration of a Residence or other structure or improvement
thereon.
"Maintenance Costs" means all of the costs necessary to keep the facilities to
which the term applies operational and in good condition, including but not limited to the
cost of all upkeep, maintenance, repair, replacement of all or any part of any such facility,
payment of all insurance with respect thereto, all taxes imposed on the facility and on the
underlying land, leasehold, easement or right-of-way, and any other expense related to
the continuous maintenance, operation or improvement of the facility.
"Member" means a member of the Corporation and "Members" means all
members of the Corporation.
"Mortgagee" means the holder of a first mortgage on a Residence.
"Owner" means a Person, including Declarant, who a the time has or is acquiring
any interest in a Lot except a Person who has or is acquiring such an interest merely as
security for the perfonnance of an obligation.
"Parcel" means any part of the Development Area that is subject to the same
Supplemental Declaration or is declared by Declarant to constitute a "Parcel".
"Part of the Development Area" means any part of the Development Area not
included in the Tract.
"Person" means an individual, finn, corporation, partnership, association, trust or
other legal entity, or any combination thereof
"Planting Area" means a landscaped area located in the right-of-way of a public
street, or. as adjacent to a Private Drive or on a Commons, in a Park or in or on other
Community Area.
"Plat" means a final secondary plat of a portion of the Development Area
recorded in the Office of the Recorder of Hamilton County, Indiana.
"Private Drive" means a street, lane, road, driveway or other right-of-way
designed to provide access to one or more Lots or to the Community Area that has not
been accepted for maintenance bea public authority. Private Drive does not include a
driveway located entirely on a single Lot.
"Reserve for Replacements" means a fund established and maintained by the
Corporation to meet the cost of periodic maintenance, repairs, renewal and replacement
of the Community Area.
"Residence" means any structure intended exclusively for occupancy by a single
family together with all appurtenances thereto, including private garage and outbuildings
and recreational facilities usual and incidentai t the use of a single family residential lot.
"Restrictions" means the covenants,. conditions, easements, charges, liens,
restrictions, rules and regulations and all other provisions set forth in this Declaration, all
applicable Supplemental Declarations and the Register of Regulations, as the same may
from time to time be amended.
"Register of Regulations" means the document contammg rules, regulations,
policies, and procedures adopted by the Board of Directors or the Architectural Review
board, as the Bame may from time to time be amended.
"Section" means that portion of the Development Area that is depicted on a Plat.
"Supplemental Declaration" means a Supplemental Declaration of Covenants and
Restrictions for any Parcel. within the Development Area and any Plat or other
supplementary declaration of covenants, conditions or restrictions which may be recorded
and which extends the provisions of this Declaration of any previously recorded
Supplemental Declaration toa Section or Parcel and contains such complementary or
supplementary provisions for such Section or Parcel as are required or permitted by this
Declaration.
"Tract" means the land described in Exhibit Cand such other real estate as may
from time to time be annexed thereto under the provisions of Paragraph 3 hereof.
"Zoning Authority" 'with respect to any action means the Administrator of the
Cannel Plan Commission, or, where he lacks the capacity to take action, or fails to take
such action, the governmental body or bodies, - administrative or judicial, in which
authority is vested under applicable laws to hear appeals from, or review the action, or
the failure to act, bfthe Administrator.
"Zoning Ordinance" means the ordinance adopted by the Cannel Common
Council with respect to the zoning of the Parcel.
2. Declaration. Declarant hereby expressly declares that the Tract and any additions
thereto pursuant to Paragraph 3 hereof shall be held, transferred, and occupied subject to the
Restrictions. The Owner of any Lot subject to these Restrictions, by (i) acceptance of a deed
conveying title thereto, or the execution of a contract for the purchase thereof, whether from
Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall
accept such deed and execute such contact subject to each Restriction and agreement herein
contained. By acceptance of such deed or execution of such contract, each Owner acknowledges
the rights and powers of Declarant and of the Corporation with respect to these Restrictions, and
also for itself, its heirs, personal representatives, successors and assigns, covenants, agrees and
consents to and wit Declarant, the Corporation, and the Owners and subsequent Owners of each
of the Lots affected by these Restrictions to keep, observe, comply wit and perform such
Restrictions and agreement.
3. Additions to the Tract. Declarant shall have the right to bring within. the scheme
of this Declaration and add to the Tract real estate that is a Part of the Development Area or that
is contiguous to the Development Area. In determining contiguity, public rights of way shall not
be considered.
The additions authorized under this Paragraph 3 shall be made by the filing of record of
one or more Supplemental Declarations with respect to the additional real estate and by filing
with the Corporation any revisions to the General Plan of Development necessary to reflect the
scheme of development of the additional real estate. Unless otherwise stated therein, such
revisions to the General Plan of Development shall not bind Declarant to make the proposed
additions. For purposes of this Paragraph 3, a Plat depicting a portion of the Development Area
shall be deemed a Supplemental Declaration.
. 4. Maintenance of Entry Ways, Landscape Easements and Planting Areas
(a) Entry Ways. The Corporation shall maintain the Entry Ways and all
improvements and plantings thereon, and the Maintenance Costs thereof shall be assessed
as a General Assessment against all Lots subject to assessment. Grass, trees, shrubs and
other plantings located on an Entry Way shall be kept neatly cut, cultivated or trimmed as
reasonably required to maintain an attractive entrance to Bella Terra or a part thereof. All
entrance signs located on an Entry Way shall be maintained at all times in good and
sightly condition appropriated to a first-class residential subdivision.
(b ) Landscape Easements. Unless the Board of Directors determines that all
or some of the Landscape Easements should be maintained by the Corporation and the
Maintenance Costs thereof assess as a General Assessment, the Owner of each Lot upon
which a Landscape Easement is located shall at hislher expense keep the grass, trees,
shrubs and other plantings located on a Landscape Easement neatly cut, cultivated or
trimmed as reasonably necessary to maintain the same at all times in a good and sightly
condition appropriate to a first-class residential subdivision and, if such Owner fails to do
so, the Corporation may undertake such maintenance and assess the Maintenance Costs
thereof as a Special Assessment against such Lot. The Corporation shall maintain (and
replace as appropriate) all fences installed by Declarant or. the Corporation in a
Landscape Easement and the Maintenance Costs thereof shall be assessed as a general
assessment against all Lots subject to assessment.
(c) Plantin!! Areas. To the extent not maintained by public authority, the
Corporation shall maintain the Planting Areas, and the Maintenance Costs thereof shall
be assessed as a General Assessment against all Lots subject to assessment.
5. Private Drives. Unless othelWise provided in a Supplemental Declaration, each
Private Drive shall be owned by the Corporation and maintained by the Corporation in good
condition satisfactory for the purpose for which it was constructed. The Maintenance Costs
incurred by the Corporation in maintaining a Private Drive (other than Frontage Place) shall be
assessed against all Lots whose principal means of vehicular access to a public right-of-way is
over and across such Private Drive.. The Maintenance Costs for Frontage Places shall be
assessed as a General Assessment against all Lots subject to assessment. As used herein,
"Frontage Place" means a roadway situated parallel to a public street in order to provide access
to one or more Lots and/or a roadway separated from a publicly maintained street by an
"eyebrow" median. Estimated Maintenance Costs, including a contribution to a reserve fund for
future maintenance, repair and replacement of Private Drives, shall be included in each annual
budget of the Corporation adopted pursuant to Paragraph 16(k).
6. Construction of Residences.
(a) Size of Residence. Except as othelWise provided herein, or in a
Supplemental Declaration, no Residence may be constructed on any Lot unless such
Residence, exclusive of open porches, attached garages and basements, shall have a gross
floor area equal to or greater than the square footage specified in the Building Guidelines
applicable to the Lot as of the date construction of the Residence on a Lot pursuant to an
approved Lot Development Plan, the minimum gross floor area for a Residence on such
Lot may not be increased by the Architectural Review Board without the written consent
of the then Owner of such Lot.
(b ) Building Guidelines. Each Owner shall at all times comply with the
requirements of the Building Guidelines applicable to such Owner's Lot
(c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or
other outbuilding may be used at any time as a dwelling, temporary or pennanent, nor
may any structure of a temporary character be used as a dwelling.
(d) Building Location and Finished Floor Elevation. No building may be
erected between the building line shown on a Plat and the front Lot line, and no structure
or partthereof( exclusive of open areas or terraces, unenclosed porches not more than one
story high, fireplace chimney and architectural features that project no more than two (2)
fee) may be built or erected nearer to any side or rear Lot line than permitted by the
Building Guidelines. A minimum finished floor elevation, shown on the development
plan for each Section, has been established for each Lot and no finished floor elevation
with the exception of flood protected basements shall be constructed lower than said
minimum without the written consent of the Architectural Review Board. Demonstration
of adequate storm water drainage in conformity with both on-Lot and overall project
drainage plans shall be a prime requisite for alternative finished floor elevations. In the
even of consolidation of lots on a building site, as referenced in Paragraph l6( a), the yard
dimensions required by the Zoning Ordinance and the Building Guidelines shall be
applied to the consolidated building site and setbacks shall be measured from the exterior
Lot lines of the consolidated building site.
(e) Driveways. All driveways shall be paved with either concrete or asphalt
and maintained dust free.
(f) Yard Lights. If street lights are not installed in the Tract, then each Owner
shall install and maintain inoperable condition a pole light on the Lot at a location,
having a height and of a type, style and manufacture approved by the Architectural
Review board prior to the installation thereof. Each such . light fixture shall also have a
bulb of a wattage approved by Architectural Review Board to insure uniform illumination
on each Lot and shall be equipped with a photo electric cell or similar devise to insure
automatic illumination from dusk to dawn each day.
(g) Storage Tanks. Any gas or oil storage tanks used in connection with a Lot
shall be either buried or located in a residence such that they are completely concealed
from. public view.
(h) Construction and Landscaping. All building Activity shall be undertaken
and completed strictly in accordance with the Building Guidelines and the Lot
Development Plan approved by the Architectural Review Board. All landscaping
specified on the landscaping plan approved by the Architectural Review Board shall be
installed on the Lot strictly in accordance with such approved plan within thirty (30) days
following substantial completion of the Residence if such completion occurs between
April I and October 15; otherwise prior to May 1. Unless a delay is caused by strikes,
war, court injunction or acts of God, construction of a Residence on a Lot shall be
completed within one (1) year after the date of commencement of the building process.
The failure of the Owner of a Lot to apply for approval of, or receive approval
from, the Architectural Review Board of a Lot Development Plan shall not relieve such
Owner :trom his obligation to complete construction of a Residence upon the Lot within
the time period specified herein. For the purposes of this subparagraph (h), construction
of a Residence will be deemed "completed" when the exterior of the Residence
(including but not limited to the foundation, walls, roof, windows, entry doors, gutters,
downspouts, exterior trim, paved driveway, landscaping and yard light) has been
completed in conformity with he Lot Development Plan.
(i) Mailboxes. All mailboxes installed upon Lots shall be uniform and shall
be of a type, color and manufacture approved by the Architectural Review Board. Such
mailboxes shall be of a type, color and manufacture approved bythe Architectural Review
Board. Such mailboxes shall be installed upon posts approved as to type, size and
location by the Architectural Review Board.
G) Septic SYstems. No septic tank, absorption field or any other on-site
sewage disposal system (other than a lateral main connected to a sanitary sewerage
collection system operation by a regulated public utility or a municipality (shall be
installed or maintained on any Lot
(Ie) Water Systems. No private or semi-private water supply system my be
located upon any Lot which is not in compliance with regulations or procedures adopted
or established by the Indiana State Board of Health, or other civil authority having
jurisdiction. To the extent that domestic water service is available from a water line
located within 200 feet of the lot line maintained by a public or private utility company,
each Owner shall connect to such water line to provide water for domestic use on the Lot
and shall pay all connection, availability or other charges lawfully established with
respect to connections thereto. Notwithstanding the foregoing, an Owner may establish,
maintain and use an irrigation water well on his Lot as long as the well does not
adversely affect the normal pool level of a Lake or Pond.
Domestic water service to the Tract will initially be provided by IWC Resources,
Inc. Tap-on or connections charges for such service are established in IWC Resources,
Inc.'s tariff on file with the Indiana Utilities Regulatory Commission and must be paid
prior to connection. IWC Resources, Inc.'s rules and regulations require a refundable
deposit to be made prior to connection by a Lot Owner to the water distribution system
operated by IWC Resources, Inc.
(1) Drainage. In the event stonn water drainage ITom any Lot or Lots flows
across another Lot, provision shall be made by the Owner of such Lot to pennit such
drainage to. continue, without restriction or reduction, across the downstream Lot and into
the natural drainage channel or course, although no specific drainage easement for such
flow of water is provided on the Plat. To the extent not maintained by the Drainage
Board, "Drainage Easements" reserved as drainage swales shall be maintained by the
Owner of the lot upon which such easements are located such that. water ITom any
adjacent Lot shall have adequate drainage along such swale. Lots maybe included in a
legal drain established by the Drainage Board. In such event, each included Lot will be
subject to assessment by the Drainage Board for the costs of maintenance of the portion
of the Drainage System included in such legal drain, which assessment will be a lien
against the Lot. The elevation of a lot shall not be changed so as to affect materially the
surface elevation or grade of surrounding Lots. Each Owner shall. maintain the
subsurface drains and tiles located on his Lot and shall be liable for the cost of all repairs
thereto .or replacements thereof.
(m) Accessory Buildings. No mini-barns, storage shed or other accessory
building or structure other than gazebos shall be pennitted on any Lot.
(n) Pools. No above ground swimming pool, other than a children's wading
pool, shall be permitted on any Lot.
( 0 ) Basketball Goals. No basketball goal shall be placed or maintained in
front of the front building elevation of a Residence or within the right-of-way of any
street. Unless the Architectural Review Board establishes a policy establishing other
specifications, backboards of all basketball goals shall be of a translucent material such as
fiberglass or Lexan and attached to a black pole or similar type of post. The location of a
basketball goal on the Lot is subject to approval of the Architectural Review Board if it
would be visible from a public right-of-way adjoining the. Lot.
(P) Geothermal Systems. No open loop geothermal heating and cooling
system shall.be installed on a Lot.
7. Maintenance of Lots.
(a) Vehicle Parking. No recreational vehicle, motor home, truck which
exceeds 4 ton in weight, trailer, boat or disabled vehicle may be parked or stored
overnight or longer on ~ny Latin open public view.
(b) ~. Except for such signs as Declarant may in its absolute discretion
display in connection with the development of Bella Terra and the sale of Lots therein,
such signs as may be located on the Community Area and such signs as may, with the
consent of Declarant, be displayed by a Designated Builder to advertise the property
during construction and sale of Residences and the maintenance of model homes, no sign
of any kind shall be displayed to the public view on any Lot except that one sign of not
more than four (4) square feet may be displayed at any time for the purpose of advertising
the property for sale or for rent.
(c) Fencing. Except to the extent otherwise provided in the Building
Guidelines, no fence, wall, hedge or shrub planting higher than eighteen (18) inches shall
be permitted between the front property line and the front building set-back line except
where such planting is located on a Landscape Easement or is par of Residence
Landscaping and the prit:Ile root thereof is within four (4) feet of the Residence. Trees
shall not be deemed Hshrubs" unless planted in such a manner as to constitute a "hedge".
No chain link fence shall be erected upon a Lot. No fence shall be erected or maintained
on or within any Landscape Easement except such as may be installed by Declarant and
subsequently replaced by the Corporation in such manner as to preserve the uniformity of
such fence. In no event may any fence be erected or maintained on any Lot without the
prior approval of the Architectural Review Board, which may establish design standards
for fences and further restrictions with respect to fencing, including limitation on (or
prohibition of) the installation of fences in the rear yard of a Lot and along the bank of
any Lake or Pond. All fences shall be kept in good repair. No fence, wall, hedge or
shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet
above the street shall be placed or permitted to remain on any corner lot within the
triangular area formed by the street property lines and a line connecting points 25 feet
from the intersection of said street lines, or in the case of a street line with the edge of a
driveway pavement or alley line. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height to
prevent obstruction of su.ch sight lines.
(d) Vegetation. An Owner shall not permit the growth of weeds and volunteer
trees and bushes on his Lit, and shall keep his Lot seasonably clear from such unsightly
growth at all times. If an Owner fails to comply with this Restriction, the Board of
Directors shall cause the weeds to be cut and the Lot cleared of such growth at the
expense of the Owner thereof and the Corporation shall have a lien against the cleared
Lot for the expense thereof
(e) Nuisances. No noxious or offensive activity shall be carried on upon any
Lot nor shall anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood. Barking dogs shall constitute a nuisance.
(f) Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
containers out of public view. All equipment for storage or disposal of such materials
shall be kept clean and sanitary.
(g) Animals. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Lot, except that dogs, cats or other household pets designated by the
board of Directors may be kept provided that they are not kept, bred or maintained for
any commercial purpose. The owners of such permitted pets shall confine them to the
respective Lots such that they will not be a nuisance. Owners of dogs shall so control or
confine them so as to avoid barking which will annoy or disturb adjoining Owners.
(h) Outside Burning. No trash, leaves, or other materials shall be burned upon
a Lot if smoke therefore would blow upon any other Lot and, then, only in acceptable
incinerators and in compliance with all applicable legal requirements.
(i) Antennas and Receivers. Except as otherwise required by law, no satellite
receiver, down-link or antenna which is visible from a public way or from any other Lot,
and no satellite dish greater than eighteen (18) inches in diameter shall bepennitted on
any Lot without the prior written consent of the Architectural Review Board. Unless
consent thereto is granted by a majority of the Owners, the Architectural Review Board
shall not give its consentto the installation of any exterior television antenna iftelevision
reception is available from underground cable connections serving the Lot, nor shall it
give its consent to the installation o{any other exterior antenna unless all Owners of Lots
with 200 feet of the Lot upon which the proposed antenna would be erected consent in
writing to the installation thereof
CD Exterior Lights. No exterior lights shall be erected or maintained between
the building line and rear lot line so as to shine or reflect directly upon another Lot.
(Ie) Electric Bug Killers. Electric bug killers, "zapper" and other similar
devices shall not be installed at a location or locations which will result in the operation
thereof becoming a nuisance or annoyance to other Owners .and shall only be operated
when outside activities require the use thereof and not continuously.
(1) Air Conditioners. No room air conditioning unit shall be installed so as to
protrude from any structure located on a Lot (including but not limited to the window of
any Residence or garage) if the same would be visible from a public way, a Community
Area or any other Lot; provided, however, that this Restriction shall not apply to central
air conditioning units
8. Bella Terra Homeowners Association"! Inc.
(a) Membership. Each Owner shall automatically be a Member and shall
enjoy the privileges and be bound by the obligations contained in the Articles and By-
Laws. If a Person would realize upon his security and become an Owner, he shall then be
subject to all the requirements and limitations imposed by this Declaration on other
Owners, including those provisions with respect to the payment of Assessments.
(b ) Powers. The Corporation shall have such powers as are set forth in this
Declaration, any Supplemental Declaration and the Articles, together with all other
powers that belong to it by law.
(c)
members.
Classes of Members. The Corporation shall have a single class of
(d) Voting: and Other Ricl1ts of Members. The voting and other rights of
Members shall be as specified in the Articles and By-Laws.
(e) Reserve for Replacements. The Board of Directors shall establish and
maintain the Reserve. for Replacements by the allocation and payment to such reserve
fund of an amount determined annually by the Board to be sufficient to meet the cost of
periodic maintenance, repairs, renewal and replacement of the Community Area. In
determining the amount, the Board shall take into consideration the expected useful life
of the Community Area, projected increases in the cost of materials and labor, interest to..
be earned by such fund and the advice of Declarant or such consultants as the Board may
employ. The Reserve for Replacements shall be deposited in a. special account with a
lending institution the accounts of which are insured by an agency of the United States of
America or may, in the discretion of the Board, be invested in obligation of, or fully
guaranteed as to principal by , the United States of America. Prior to the Applicable
Date, funds from the Reserve for Replacements may be withdrawn and applied at the
~.
direction of Declarant to meet the cost of periodic maintenance, repairs, renewal or
replacement of the Community Area.
(f) Maintenance Standards. In each instance in which this Declaration or a
Supplemental Declaration imposes on the Corporation a maintenance obligation with
respect to the Community Area or designated part thereof in good condition, order and
repair substantially comparable to its condition when originally constructed, installed or
planted and compatible in appearance and utility with a first-class residential community.
Grass, trees, shrubs and other planting located on the Community Area for which the
. Corporation has maintenance responsibility shall be kept neatly cut, cultivated or
trimmed as reasonably required and otherwise maintained at all times in good and sightly
condition appropriated to a first~class residential community.
(g) Insurance. Taxes and Utilities. The Corporation shall maintain public
liability and casualty insurance in prudent amounts insuring against risk of loss to the
corporation on account of injury to person or property and damage to property owned by
the Corporation and shall pay all taxes assessed against such property and all utility
charges incurred with respect to Community Area a which the corporation has
maintenance responsibility.
(h) Limitations on Action by the Corporation. Unless at least two-thirds of
the Mortgagees (based on one vote for each first mortgage owned) or two-thirds (2/3)of
the Members (other than Declarant)have given their prior written approval, the
Corporation, the Board of Directors and the Owners may not: (i)except as authorized by
Paragraph 18(a), by act or omission seek to abandon, partition, subdivide, encumber, sell
or transfer the Community Area (but the granting of easements for public utilities or other
public purposes consistent with the intended use of the Community Area shall not be
deemed a transfer for the purposes of this clause); (ii) fail to maintain fire and extended
coverage on insurable Community Area on a current replacement cost basis in an amount
at lease one hundred percent (100%) of the insurable vale (based on current replacement
cost); (iii) use hazard insurance proceeds for losses to any Community Area for other
than the repair, replacement or reconstruction of the Community Area; (vi)change the
method of determining the obligations, assessments, dues or other charges that may be
levied against the Owner of a Residence; (v) by act or omission change, waive or
abandon any scheme of regulations or their enforcement pertaining to the architectural
design or the exterior appearance of Residences, or the maintenance and up-keep of the
Community Area; or (vi) fail to maintain the Reserve for Replacements in the amount
required by this Declaration.
(i) Mergers, Upon a merger or consolidation of another corporation with the
Corporation, its properties, rights and obligations may, as provided in its articles of
incorporation, by operation of law be transferred to another surviving or consolidated
corporation or, alternatively, the properties, rights and obligations of another corporation
may by operation of law be added to the properties, rights and obligations of the
Corporation as a sUTVlvmg corporation pursuant to a merger. The sUl"Vlvmg or
consolidated corporation may administer the covenants and restrictions established by
this Declaration within the Tract together with the covenants and restriction established
by this Declaration within the Tract together with the covenants and restrictions
established upon any other properties as one scheme. No other merger or consolidation,
however, shall effect any revocation, change or addition to the covenants established by
this Declaration within the Tract except as hereinafter provided.
- 9. J\ssessnaents
(a) Creation of the Lien and Personal Obligation of Assessments. Declarant
hereby covenants, and each Owner of any Lot by Acceptance of a deed thereto, whether
or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Corporation the following: (1) General Assessments, (2) Community Area Initial
Assessment, (3) annual and special Parcel Assessments, (4) Architectural Control
Assessments (to the extent levied) and (5) Special Assessments, such Assessments to be
established and collected a hereinafter provided.
If two (2)or more lots originally shown on a Plat are. consolidated as a single Lot
by virtue of partial vacation of a Plat, or the construction thereon of a Residence, some
part of which extends over a Lot line, or if a Lot is divided by conveyance of portions
thereof to owners of adjacent Lots, then, in any such events, so long as the consolidated
or divided Lot is used in its entirety by one or more Owners of contiguous Lots, the
vacated or divided Lot(s) shall cease to be Lot(s) for purposes of Assessments under this
Paragraph 9, and the consolidated Lots shall constitute one (1) Lot for purposes of
Assessments under this Paragraph 9.
All Assessments, together with interest thereon and costs of collection thereof,
shall be a charge on the land and shall be a continuing lien upon the Lot against which
each Assessment is made until paid in full. Each Assessment, together with interest
thereon and costs of collection thereof, shall also be the personal obligation of the Person
who was the owner of the Lot at the time when the Assessment became due.
(b ) General Assessment.
(i) Purpose of Assessment. The General Assessment levied by
the Corporation shall be used exclusively to promote the recreation,
health, safety, and welfare of the Owners of Lots and for the improvement,
"maintenance, repair, replacement and operation of the Community Area.
(ii) Basis for Assessment.
(1) Lots Generally. Subject to subparagraph (g)
below, each Residential Lot. shall be assessed at a unifonn
rate without regard to whether a residence or other
improvements have been constructed on the Lot, the
Corporation shall waive with respe~t to such undeveloped
Lot that part of any Assessment that is attributable to
services (such as trash removal) that are provided only with
respect to improved .Lots.
(2) Lots Owned bv Declarant. The Corporation
shall assess no Lot owned by Declarant except such. Lots as
have been improved by the construction thereon of
Residences which shall be subject to assessment as
provided in Clause (1) above.
(3) Change in Basis. The basis for assessment
may be changed upon recommendation of the unanimous
vote of the Board of directors if such change is approved by
- (i) two-thirds (2/3) of the Members or two-thirds (2/3) of
the Mortgagees (based on one vote for each first mortgage
owned) who are voting in person or by pro~y at a meeting
of Members duly called for this purpose.
(iii) Method of Assessment. By a vote of a majority of
the Directors, the Board of . Directors shall, on the. basis
specified in subparagraph (ii), fIX the General Assessment
for each assessment year of the Corporation at an. amount
sufficient to meet the. obligations imposed by this
De.claration upon the Corporation. The Board of Directors
shall establish the date(s) the General Assessment shall
become due, and the manner in which it shall ,be paid.
(iv) Allocation of Assessment. The cost of maintaining,
operating, restoring or replacing the community Area has
been allocated in this Declaration among Owners of Lots
on the basis to the location of the lands and improvements
constituting the Community Area and the intended use
thereof. In detennining the General Assessment, costs and
expenses which in. accordance with the provisions of this
Declaration are to be borne by all Owners shall first be
allocated to all Owners. Co~ts and exp.enses which in
accordance with the provisions of this declaration are to be
borne by the Owners of certain Lots 'shall then be . allocated
to the Owners .of such. Lots. The provisions of
subparagraph (ii) for unifonn assessment shall not be
deemed to require that all assessments against vacant Lots
or Lots improved with comparable types of Residences be
equal, but only that each Lot be assessed unifonnly with
respect to comparable Lots subject to assessment for
similar costs.and expenses.
(c) Community Area Initial Assessment. On the date a Lot is
conveyed by Declarant to an Owner (other than the holder of a first mortgage on
such Lot in a conveyance which constitutes a deed in lieu offoreclosure), there
shall be due and payable to the Corporation by the Owner of such Lot the sum of
Five Hundred Dollars ($500.00) which shall be deposited in the reserve for
Replacements maintained by the Corporation.
(d) Parcel Assessments.
(i) Purpose of Assessments. Parcel Assessments shall be used
for such purposes as are authorized by the Supplemental
Declaration for such Parcel.
(ii) Method of Assessment. An annual Parcel Assessment shall
be levied by the Corporation against Lots in a Parcel using the
basis set forth in the Supplemental Declaration for such Parcel, and
collected and disbursed by the Corporation. The Board shall fix in
accordance with the By-Laws and the provisions of any
Supplemental Declaration the annuals parc~l assessment for each
Parcel, the date(s) such assessment shall become due, and the
manner in which it shall be paid.
(iii) Special Assessments. In addition to the. annual Parcel
Assessment, the Corporation may levy in any fiscal year a special
Parcel Assessment against one or more of the Lots in a Parcel for
the purpose of (a) defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a. capital
improvement upon the Parcel, including fixtures and personal
property related thereto, provided that any such Assessment shall
have the assent of a majority of the Owners of Lots in the Parcel
who are voting in person or by proxy at a meeting of such Owners
dilly called for this purpose or (B) defraying any Maintenance
Costs incurred- in satisfying any requirements imposed on the
Corporation by a Supplemental Declaration relating to a Parcel.
(e) Architectural Control Assessment. If any Owner fails to comply
with the Building Guidelines or other requirements for construction of
improvements, landscaping and other Building Activities or maintenance of a Lot
(including but not limited to the filing of a Lot Development Plan) or any
restrictive covenant or restriction specified in a supplemental Declaration for the
Parcel in which such Owner's Lot is located and/or the provisions of
Paragraphs17 or 19 of this Declaration, then the Corporation may levy against the
Lot owned by such Owner .anAssessment in an amount detennined by the Board
of Directors which does not exceed the great of (i) Two Hundred Fifty Dollars
($250.00) for each day that such failure continues after written notice thereof is
given by Declarant or the Corporation to such Owner or (ii) One Hundred
Thousand Dollars ($100,000.00). Such Assessment shall constitute a lien upon
the Lot of such Owner and may be enforced in the manner provided in
subparagraph (h) below. The levy of an Architectural Control Assessment shall
be in addition to, and not in lieu or, any other remedies available to Declarant
and/or the Corporation provided in this Declaration, at law or in equity in the case
of the failure of an Owner to comply with the provisions of this Declaration and
all applicable Supplemental Declarations.
(f) Special Assessment. In addition to such other Special Assessments
as may be authorized herein, the Corporation may levy in any fiscal year a Special
Assessment applicable to that year and not more than the next four (4) succeeding
fiscal years for the purpose of defraying, in whole or in part, the cost of any
construction, repair, or replacement of a capital impro,rement upon the
Community Area, including fixtures and personal property relating thereto,
provided that any such Assessment shall have the assent of the Declarant and of a
majority of the votes of the Members whose Lots are subject to assessment with
respect tot the capital improvement who are voting in person or by proxy at a
meeting of such members duly called for this purpose.
(g) Date of Commencement of General Assessments. The .General
Assessment shall commence with respect to assessable Lots within a Section on
the first day of the month following conveyance of the first Lot in the Section to
an Owner who is not the Declarant. The initial General Assessment on any
assessable Lot shall be adjusted according to the days remaining in the month in
which the Lot became subject-to assessment. Notwithstanding the foregoing, if an
Owner owns more than two (2) uni~proved Lots, the General Assessment shall
not commence with respect to such unimproved Lot(s) until the earlier of (i) the
date the Owner commences construction of a Residence, thereon or (ii) the first
day of the sixth month following the date the Owner acquired title to the Lot(s).
(h) Effect of Nonpayment of Assessments: Remedies of the
Corporation. Any Assessment not .paid within thirty (3.0) days after the due date
may upon resolution of the. Board of Directors bear interest from the due date at a
percentage rate no greater than the current statutory maximum .annual interest
rate, to be set by the Board of Directors for each assessment year. The
Corporation shall be entitled to institute in any court of competent jurisdictjon any
lawful action to collect a delinquent Assessment plus any expenses or costs,
including attorneys' fees~ incurred by the Corporation in collecting such
Assessment. If the Corporation has provided for collection of any Assessment in
install~ents, upon default in the payment of anyone or more installments, the
Corporation may accelerate payment and declare the entire balance of said
Assessment due and payable in full. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by non-use of the Community
Area or abandonm.ent of his Lot.
(i) Subordination of the Lien to. Mortgages. The lien of the
Assessments provided for herein against a Lot shall be subordinate to the lien of
any recorded first mortgage covering such Lot and to any valid tax or special
assessment lien on such Lot in favor of any governmental taxing or assessing
authority. Sale. or transfer of any Lot sh.all no affect the assessment lien. The sale
,or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof shall, however, extinguish the lien of such Assessments as. to payments,
which became due more than six (6) months prior to such sale or. transfer. No
sale or transfer shall. relieve such Lot froin liability for any Assessments thereafter
becoming due or from the lien thereof.
G) Certificates. The Corporation shall, upon demand by an Owner, at
any time, furnish a certificate in writing signed by an office of the Corporation
that the Assessments on a Lot have been paid or that certain Assessments remain
unpaid, as the case may be.
(k) Annual Budeet. By a majority vote of the Directors, the Board of
Directors shall adopt an annual budget for the .subsequent fiscal year, which shall
provide for allocation of expenses in such a manner that the obligations imposed
by the Declaration and all Supplemental Declarations will be met.
10. Architectural Control.
(a) The Architectural Review Board. The Board of Directors shall
appoint an Architectural Review Board consisting of three (3) or more Persons as
provided in the By-Laws.
(b ) Purpose. The Architectural Review Board shall regulate the
external design, appearance, use, location and maintenance of the Tract arid of
improvements thereon in such manner as to preserve and enhance values, to
maintain a harmonious relationship among structures, improvements and the
natural vegetation and topography and to assure compliance with the Building
Guidelines
( c) Conditions. Except as otherwise expressly. provided in this
Declaration or a Supplemental Declaration, no improvements, alterations, repairs,
change of colors, excavations, changes in grade, planting or other work that in any
way alters any Lot or the exterior of the improvements located thereon from its
natural or improved state .existing on the date such Lot was first conveyed in fee
by Declarant to another Owner (including, but not limited to (i) construction,
erection or alteration of any Residence, other building, fixture, equipment, fence,
wall, deck, swimming pool, ball court, patio, parking area, or other structure ana
Lot, or(ii) any plantings, other landscaping or exterior lighting on a Lot or (iii) the
installation or alteration of any signage on a Lot) shall be made or done without
the prior approval by the Architectural Review Board of a Lot Development Plan
therefore. Prior to the commencement by any Owner other than Declarant or a
Designated Builder of any Building Activity, a Lot Development Plan with
respect thereto shall be submitted to the Architectural Review Board, and no
Building Activity shall be commenced or continued by any P.erson other than
Declarant or a Designated Builder without the prior written approval of the
Architectural Review Board of a Lot.Development Plan relating to such Building
Activity. Such approval shall be in addition to, and not in lieu at: all approvals,
consents, pennits and/or variances required by law from governmental authorities
having jurisdiction over Bella Terra, and no Owner shall undertake any
construction activity within Bella Terra unless all legal requirements have been
satisfied. Each Owner shall complete all improvements to a Lot strictly in
accordance with the Lot Development Plan approved by the Architectural Review
Board. As used in this subparagraph (c), "plantings" does not include flowers,
bushes, shrubs or other plants having a height of less than eighteen (18) inch.es.
(d) Procedures. In the event the Architectural Review Board fails to
approve, modify or disapprove in writing a Lot Development Plan ~'ithin sixty
-(60) days after such plan has been.duly filed with the Architectural Review.Board
in accordance with procedures established by Declarant or, subsequent to the
Applicable Date, the Board of Directors, approval will be deemed denied. A
decision of the Architectural Review Board (including a denial resulting from the
failure of such Board to act on the plan within the specified period) may be
appealed to the Board of Directors which may reverse or modify such decision
(including approve a Lot Development Plan deemed denied by the failure of the
Architectural Review Board to act on such plan within the specified period) by a
two-thirds (2/3) vote of the Directors then serving.
(e) Guidelines and Standards. The Architectural Review board shall
have the power to establish and .modify from time. to time such written
architectural, landscaping, lighting, fencing, recreation facility and. signage design
guidelines and standards as it may deem appropriate to achieve the purpose set
forth in subparagraph (b) to' the extent that such design guidelines and standards
are not in conflict with the specific provisions of this Declaration or, prior to the
Applicable Date, the Building Guidelines established by Declarant. Any such
guideline or standard may be appealed to the Board of Directors which may
terminate or modify such guideline or standard by a two-thirds (2/3) vote of the
Directors then serving. The Building Guidelines may establish different standards
and requirements for various Lots based on the size and location of such Lots and
the improvements to be located thereon.
(f) Application o.f Guidelines and Standards. The Architectural
Review Board shall apply the Building Guidelines in a fair, uniform and
reasonable manner consistent with the discretion inherent in the design review
process. In disapproving any Lot Development Plan, the Architectural Review
Board shall furnish the applicant with specific reasons for such disapproval and
may suggest modifications in such plan which would render the plan acceptable to
the Board if resubmitted.
(g) Design Consultants. The Architectural Review Board may utilize
the services of architectural, engineering and other Persons possessing design
expertise and experience in evaluating Lot Development Plans. No presumption
of any conflict of interest or impropriety shall be drawn or assumed by virtue of
the fact that any of such consultants. are. affiliated with Declarant or a Designated
Builder or may, fi-om time to time, represent Persons filing Lot Development
Plans with the Architectural Review. Board.
(h) Existing Violations of Declaration. The Architectural Re\,iew
Board shall not be required to consider any Lot Development Plan submitted by
an Owner who is, at the time of submission of such Lot Development Plan, in
violation of the. requirements of the Building Guidelines, a Supplemental
Declaration relating to the Parcel in which such Owner's Lot is located and/or the
provisions of this Paragraph 1 0, unless such Owner submits to the Architectural
Review Board with such Lot Development Plan an irrevocable agreement and
undertaking (with such surety as the Board may reasonable require) to remove
rrom the Owner's Lot any improvements, landscaping or lighting constructed
and/or installed prior to the submission or approval of a Lot Development Plan (or
constructed and/or installed prior to the submission or approval of a Lot
Development Plan (or constructed andlor installed in violation at a previously
approved Lot Development Plan) to the extent any such previously constructed
and/or installed improvement, landscaping or exterior lighting is not subsequently
approved by the Architectural Review Board. The Architectural Review Board
shall have the power to recommend to the Board of Directors that the Corporation
assess an Archi.tectural Control Assessment against any Owner who fails to
comply with the requirements of the Building Guidelines, a Supplemental
Declaration or Paragraphs 1 7 or 19 of this Declaration. Under no Circumstances
shall any action or inaction of the Architectural Review Board be deemed to be
unreasonable, arbitrary or capricious it: at the time of such decision, the Person
having submitted a Lot Development Plan for approval by the Architectural
'fI.
Review Board has violated the Building Guidelines, a Supplemental Declaration
or Paragraphs 17 or 19 of this Declaration and such violations remains uncured.
(i) Exercise of Discretion. Declarant intends that the members of the
Architectural Review Board exercise discretion in the performance of their duties
consistent with the provisions of subparagraph {t), and every Owner by the
purchase of a Lot shall be conclusively presumed to have consented to the
exercise of discretion by such members. In any judicial proceeding challenging a
determination by the Architectural Review Board and in any action initiated to
enforce this Declaration in which an abuse of discretion by the Architectural
Review Board is raised as a defense, abuse of discretion may be established only
if a reasonable Person, weighing the evidence and drawing all inferences in favor
of the Board, could only conclude that such determination constituted an abuse of
discretion.
CD Liability of Board. Neither the Architectural Review Board, not
any member or agent thereof, not the Declarant shall be responsible in any way
for any defects in any plans, specifications or other materials submitted to it, not
for any defects in any work done according thereto. Further, the Board does not
make, and shall not be deemed by virtue of any action of approval or disapproval
taken by it to have made, any representation or warranty as to the suitability or
advisability of the design, the engineering, the method of construction involved,
or the materials to be used.
(k) Inspection. Members of the Architectural Review Board may
inspect work being performed to assure compliance with these Restrictions and
applicable regulations.
11. Community Area.
(a) Ownership. The Community Area shall remain private, and
neither Declarant's execution or recording of an instrument portraying the
Community Area, nor the . doing of any other act by Declarant is, or is intended to
be, or shall be construed as, a dedication to the public of such Community Area.
Declarant or the Corporation may, however, dedicate or transfer all or any part of
the Community area to any public agency, authority or utility for use as roads,
utilities, parks or other public purposes.
(b) Density of Use. Declarant expressly disclaims any warranties or
representations regarding the density of use of the Community Area or any
facilities located thereon.
(c) Obligations of the Corporation. The Corporation, subject to the
rights of Declarant and the Owners set forth in the Declaration, shall be
responsible for the exclusive management and control of the Community Area
and all improvements thereon (including furnishings and equipment related
thereto), and shall keep the Community Area in good, clean, attractive and
sanitary condition, order and repair
(d) Damage or Destruction by Owner. In the event the Community Area is damaged
or destroyed by an Owner or any of his guests, tenants, licensees, agents, or member of his
family, or any other Person permitted by this Declaration to use such Community Area, said
Owner or Person authorized the Corporation to repair said damaged area; the Corporation shall
repair said damaged area in a good workmanlike manner in conformance with the original plans
and specifications of the area involved, or as the area may have been modified or altered
subsequently by the Corporation in the discretion of the Corporation. In the even of damage or
destruction by said Owner or any of his guests, tenants, licensees, agents or member of his
family an amount equal to the costs incurred to effect such repairs shall be assessed against such
owner as a Special Assessment and shall constitute a lien upon the Lot of said Owner. In the
event of damage or destruction by any other Person, said Person shall immediately reimburse the
Corporation for the costs incurred to effect such repairs upon receipt thereto.
(i) Conveyance of Title. Declarant may retain the legal title to the Community Area
or any portion thereof during the course of development of the tract, but notwithstanding any
provision herein, Declarant's reserved rights set forth in Paragraph 18 (a), it shall convey the
Community Area to the Corporation, :tree and clear of all liens and financial encumbrances
except the lien of taxes not yet payable, not later than the Applicable. date. Owners shall have all
the rights and obligations imposed by this Declaration with respect to such Community Area
prior to conveyance.
12. Use of Tract.
(a) Protective Coven-ants.
(i) Land Use. A Lot may be used only for residential purposes, and only one
Residence may be constructed thereon. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater number of Residences in Bella Terra
than the number of original Lots depicted on the Plats. Notwithstanding any provision in
the applicable zoning ordinance to the contrary, no Lot may be used for any "Special
Use" that is not clearly incidental and necessary to single-family dwellings. No home
occupation shall be conducted or maintained on any Lot other than one which does not
constitute a "special use" and is incidental to a business, profession or occupation of the
Owner or occupant of such Lot and which is generally or regularly conducted at another
location which is away from such Lot. No signs of any nature, kind or description shall
be erected, placed, or permitted to remain on any Lot advertising a permitted home
occupation.
(ii) Nuisance. No nuisance shall be permitted to exist or operate upon any Lot
so as to be detrimental to any other Lot in the vicinity or to its occupants.
(iii) Other Restrictions. The Architectural review Board may adopt general
rules and regulations to implement the purposes set forth in Paragraph l7(b) and to
supplement any covenants or restrictions set forth herein or in a Supplemental
declaration, including but not limited to rules to regulate animals, antennas, signs, fences,
walls and screens, mailboxes, storage tanks, awnings, storage and use of recreational
vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, and
planting, maintenance and removal of vegetation on the tract. The Architectural Review
Boards may adopt general rules and regulations appropriate to each Parcel, which rules
and regulations may vary among Parcels. Such general rules may be amended by a two-
thirds (2/3) vote of the Architectural review Board. Subsequent to the Applicable Date,
any such amendment may be made only after a public hearing for which dues notice to all
affected Owners has been provided, and if such amendments are approved by a two-
thirds (2/3) vote of the Board of Directions. All general rules and any subsequent
amendments thereto shall be placed in the Register of Regulations and shall constitute
Restrictions.
(iv) Exceptions. The Architectural Review Board may authorize exceptions to
or variances from the general rules and regulations adopted pursuant to clause (iii) if the
Architectural review Board can show good cause and acts in accordance with adopted
guideline an procedures.
(b ) Maintenance of Tract. To the extent that exterior maintenance
(i) Drainage. Easements. (DE) are credited to provide paths and courses for
area and local stonn drainage, either overland or in adequate underground conduit, to
serve the needs of Bella Terra and adjoining ground and/or public drainage systems; and
it shall be the individual responsibility of each Owner to maintain the drainage across his
own Lot. Under no circumstance shall said easement be blocked in any manner by the
construction or reconstruction of any improvement, nor shall any grading restrict, in any
manner, the water flow. Said areas are subject to construction or reconstruction to any
extent necessary to obtain adequate drainage at any time by any governmental authority
having jurisdiction over drainage, by Declarant, and by the Architectural Review Board,
but neither Declarant nor the Architectural Review Board shall have any duty to
undertake any such construction or reconstruction. Said easements are for the mutual use
and benefit of the Owners.
(ii) Sewer Easements. (SE) are created for the use of the regulated utility or
governmental agency having jurisdiction over any stonn and sanitary waste disposal
system which may be designed to serve Bella Terra for the purpose of installation and
maintenance of sewers that are a part of said system.
(iii) Utility Easements. (DE) are created for the _use of Declarant, the
Corporation and all public utility companies, not including transportation companies, for
the installation and maintenance of mains, ducts, lines and wires, as well as for all uses
specified in the case of sewer easements.
(iv) Entry Way Easements. (EWE) are created for the use by Declarant, the
Architectural Review Board and the Corporation for the installation, operation and
maintenance of the Entry Ways.
(v) Landscape Easements. (LE) are created for the use by Declarant, the
Architectural Review Board and the Corporation, at their election, for the planning and
maintenance of trees, shrubs and other plantings and the installation and maintenance of
fencing.
(vi) Water Access Easements. (WAE) are created for the use of Declarant, the
Corporation and the Drainage Board for the purpose of gaining access to the Lake, the
Ponds and the Drainage Facilities in the course of maintenance, repair or replacement of
any thereof
(vii). Non-Access Easements. (NAE) are created to preclude access from certain
Lots to abutting rights-of-way across the land subject to such easements.
(viii) Access Easements. (AE) are created to provide access over and across
Private Drives by Declarant, the Corporation, public utility companies and the Owners of
Lots abutting the Private Drive to which the Access Easement pertains, and for the
purposes of installation. and maintenance of the Private Drives by Declarant and the
Corporation.
All easements mentioned herein include the right of reasonable ingress and egress for the
exercise of other rights reserved. No structure, including fences, shall be built on any drainage,
sewer or utility easement if such structure would interfere with the utilization of such easement
for the purpose intended or violate any applicable legal requirement or the terms and conditions
of any easement specifically granted to a Person who is not an Owner by an instrument recorded
in the Office of the Recorder of Hamilton County, but a paved driveway necessary to provide
access to a Lot from a public street or Private Drive and a sidewalk installed by or at the
direction of Declarant (and replacements thereof) shall not be deemed a "structure" for the
purpose of this Restriction.
(b) General Easement. There is hereby created a blanket easement over, across,
through and under the Tract for ingress, egress, installation, replacement, repair and maintenance
of underground utility and service lines and systems, including but not limited to water, sewers,
gas, telephones, electricity, television, cable or communication lines and systems. By virtue of
this easement it shall be expressly permissible for Declarant or the providing utility or service
company to install and maintain facilities and equipment on the Tract and to excavate for such
purposes if Declarant or such company restores the disturbed area as nearly as is practicable to
the condition in which it was found. No sewers, electrical lines, water lines, or other utility
service lines or facilities for such utilities may be installed or relocated in a Section except as
proposed and approved by Declarant prior to the conv.eyance of the first Lot in a Section to an
Owner or by the Architectural ~eview Board thereafter. Should any utility furnishing a service
covered by the general easement herein provided request a specific easement by separate
recordable document, Declarant or the Corporation shall have the right to grant such easement on
the Tract without conflicting with the tenns hereof. This blanket easement shall in no way affect
any other recorded easements on the Tract, shall be limited to improvements as originally
constructed, and shall not cover any portion of a Lot upon which a Residence has been
constructed.
(c) Public Health and Safety Easements. An easement is hereby created for the
benefit ot: and granted to, all police, fire protection, ambulance, delivery vehicles, and all similar
Persons to enter upon the Community Area in the perfonnance of their duties.
(d) Drainage Board Easement. An easement is hereby created for the benefit of, and
granted to, the Drainage Board to enter the Tract and all Lots th-erein to the extent necessary to
exercise its rights with respect to any legal drain constituting a part of the Drainage System.
(e) Crossing Underground Easements. Easements utilized for Ul1derground service
may be crossed by driveways, walkways, Water Access Easements, and Community Area
Access Easements provided prior arrangements ,are made with the utility company furnishing
service. Such easements as are actually utilized for underground service shall be kept clear of all
other improvements, including buildings, patios, or other pavings, other than crossings,
driveways, walkways, Water Access Easements or Community Area Access Easements, and
neither Declarant not any utility company using the easements shall be liable for any damage
done by either of them or their assigns, agents, employees, or servants _ to shrubbery, trees,
flowers or other improvements of the Owner located on the land covered by said easements.
(f) Declarant's Easement to Correct Drainage. For a period of ten (10) years from
the date of conveyance of the first Lot in a Section, Declarant reserves a blanket easement and
right on, over and under the ground within that Section to maintain and to correct drainage of
surface water in ,order to maintain reasonable standards of health, safety and appearance. Such'
right expressly includes the right to cut any trees, bushes or shrubbery, make any gradings of the
soil, or to take any other similar action reasonably necessary, following which Declarant shall
restore the affected property to its original 'condition as nearly as practicable. Declarant shall
give reasonable notice of its intention to take such action to all affected Owners, unless in the
opinion of Declarant an emergency which precludes such notice.
(g) Water Retention. The Owner of each Lot, by acceptance of a deed thereto,
consents to the. temporary storage (detention) of stonn water within: the drainage easements (DE)
on such Owner's Lot.
13. Use of Lots During Construction.
(a) By Declarant. Notwithstanding any provisions to the contrary contained herein or
in any other instrument or agreement, Declarant or its sales agents or contractors may maintain
during the period of construction and sale of Lots and Residences in the Tract or the
Development Area, upon such -portion thereof as is owned or leased by Declarant, such facilities
as in the sole opinion of Declarant may be reasonably required, convenient or incidental to the
construction and sale of Lots and Residences, including but without limiting the generality
thereof, a business office, storage area, construction yards, signs, model Residences and sales
offices. Declarant specifically reserves the right to maintain a sales office in the Community
Center during the period that-is engaged in the sale of Lots in Bella Terra.
14. Enforcem-ent. The Corporation, any Owner or Declarant shall have the right to enforce,
by proceeding at law or in equity, all restrictions, ,conditions, covenants, reservations, liens and
-charges now or hereafter imposed by the provisions' of this Declaration and of any Supplemental
Declarations, but neither Declarant nor the Corporation shall be liable for damage of any kind to
any Person for failure either to abide by, enforce or carry out any of the Restrictions. No delay
or failure by any Person to enforce any of the Restrictions or to invoke any available remedy
with respect to a violation or violations thereof shall under any circumstances be deemed or held
to be a waiver by that Person of the right to do so thereafter, or an estoppel of that Person to
assert any right available to him upon the occurrence, recurrence or continuation of any violation
or violations of the Restrictions. In any action to enforce this Declaration, the Person seeking
enforcement shall be entitled - to recover all costs of enforcement, including attorney's fees, if it
substantially prevails in such action.
15. Limitations on Rights of the Corporation. Prior to the Applicable Date, the_ Corporation
may not use its resources nor take a public position in opposition to the General Plan of
Development or to changes thereto. proposed by Declarant. Nothing in this paragraph shall be
construed to limit the rights of the -Members acting as individuals or in affiliation with other
members or groups as long as they do not employ the resources of the corporation or identify
themselves as acting in the name, or on the behalf, or the Corporation.
16. _ Approvals by Declarant. Notwithstanding any ,other provisions hereof, prior to the
Applicable Date, the following actions shall require the prior approval 9f Declarant: the addition
of real estate to the Tract; dedication or transfer of the Community Are; mergers and
consolidations of Sections within the Tract or of the Tract with. other real estate; mortgaging of
the Community Area; amendment of this Declaration and any Supplemental Declaration; and
changes in the basis for assessment or the amount, use and time of payment of the Community
Area Initial Assessment.
17. Mortgages.
(a) Notice to Corporation. Any Owner who places a first mortgage lien upon his
Unit, -or the Mortgagee shall notify the Secretary of the Board. of Directors of such mortgage and
provide the name and -address of the Mortgagee. A record of such Mortgagee's name and
v
address shall be maintained by the Secretary and any notice required to be given to the
Mortgagee pursuant to the tenns of the Declaration any Supplemental Declaration, the Articles
or the By-Laws (the "Organizational Documents") shall be deemed effective given if mailed to
such Mortgagee at the address shown in such record in the time provided. Unless notification of
any such mortgage and the name and address of Mortgagee are furnished to the Secretary, either
by the Owner or the Mortgagee, no notice to any Mortgagee as may be otherwise required by the
Organizational Documents shall be required. and no Mortgagee shall be entitled to vote by virtue
of the Organizational Documents or a proxy granted to such Mortgagee in connection with the
mortgage.
(b) Notices to Mortgagees. The Corporation shall promptly provide to any
Mortgagee of whom the Corporation has been provided notice under subparagraph (a) above
notice of any of the following:
(i) Any condemnation or casualty loss that affects a material portion of the
Community Area;
(ii) Any delinquency in the pa)'111ent of any .Assessment owed by the Owner of
any Unit on which said Mortgagee holds a mortg.age or any default by an Owner under
the Organizational Documents, if said delinquency or default continues for more than
sixty (60) days;
(iii) Any lapse, cancellation or material modification of any-insurance. policy
or tidelity.bondmaintained by the Corporation;
(iv) Any proposed action that requires the consent of a .specified percentage of
Mortgagees; and,
(v) Any proposed amendment of the Organizational Documents effecting a
change in (A) the interests in the Community Area appertaining to any Residence or t11e
liability for Maintenance Costs appertaining thereto, (B) the vote appertaining to a
Residence or (C) the _purposes for which any Residence or the Community are restriced.
( c) Effective Date. Any amendment shall become effective upon its recordation in
the Office of the Recorder of Hamilton County, Indiana.
18. Interpretation. The underlined titles preceding the various paragraphs 'and subparagraphs
of this Declaration are for convenience. of reference only, and none of them shall be used as an
aid to the construction of any provision of this Declaration. Wherever and whenever applicable,
the singular fonn of any word shall be taken to mean or apply to the plural, and the masculine
fOffi1 shall be taken to mean to the feminine or to the neuter.
19. Duration. The forgoing covenants and restrictions are for the mutual benefit and
protection of the present and future Owners, the Corporation, and Declarant, and shall run with
v.
the land and shall be binding on all parties and all Persons claiming under them until January 1,
2025, at which time said covenants and restrictions shall be automatically extended for
successive periods often (10) years, unless changed in whole or in part by vote of those Persons
who are then the Owners of a majority of the Lots in the Tract.
20. Severability. Every one of the Restrictions is hereby declared to be independent of, and
severable from, the rest of the Restrictions and of and from every other one of the Restrictions,
and of and from every combination of the Restrictions. Therefore, if any of the Restrictions shall
be held to be invalid or to be unenforceable, or to lack the quality of running with the land, that
holding shall be without effect upon the validity, enforceability or "running" quality of any other
one of the Restrictions.
21. Non-Liability of Declarant. Declarant shall not have any liability to an Owner or to any
other Person with respect to drainage on, over or under a Lot. Such drainage shall be the
responsibility of the Owner of the Lot upon which a Residence is constructed and of the builder
of such Residence and an Owner, by an acceptance of a deed to a Lot, shall be deemed to agree
to indemnify and hold Declarant free and harmless from and against any and all liability arising
tram, related to, or .in connection with drainage on, over and under the Lot described in such
deed. Declarant shall have no duties, obligations or liabilities hereunder except such as are
expressly assumed by Declarant, and no duty of, or warranty by, Declarant shall be implied by or
inferred from any tenn or provision of this Declaration.
22. Compliance with the Soil Erosion Control Plan.
(a) The Plan. Declarant has established and implemented and erosion control plan
pursuant to the requirements and conditions of Rule 5 of 327 LAC 15, Stann Water Run-Off
Associated with Construction Activity. In connection with any construction activity on a Lot by
an Owner, its contractor or the subcontractors of either, Owner shall take all erosion control
measures contained in such plan as the plan.applies to "land disturbing activity" undertaken on a
Lot and shall comply with the terms of Declarant's general permit under Rule 5 as well as all
other applicable state, county or local erosion control authorities. All erosion control measures
shall be performed by personnel trained in erosion control and shall meet the design criteria,
standards, and specifications for erosion control measures established by the Indiana Department
of Environmental Management in guidance documents similar to, or as effective as, those
outlined in the Indiana Handbook for Erosion Control in Developing Areas from the Division of
Soil Conservation, Indiana.Department of Natural Resources.
(b) Indemnity. The Owner of each Lot shall indemnify and hold Declarant harmless
from and against all liability, damage, loss, claims, demands and actions of any nature
whatsoever which may arise out of or are connected with, or are claimed to arise out of or be
connected with, any work done by such Owner, its contractor and their respective employees,
agents, or subcontractors which is not in compliance with the erosion control plan implemented
by the Declarant.
't.
J
IN TESTIMONY WHEREOF, Declarant has executed this Declaration as of the date set forth
above.
BP DEVELOPMENT LLC
By
Brad Walker
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Brad Walker, the General Manager of BP Development LLC.,an Indiana limited
partnership, who acknowledged the execution of the above and foregoing Declaration of
Covenants and Restrictions for and on behalf of said partnership.
WITNESS my hand and Notarial Seal this _day of
, 2004.
Notary Public Residing in
County
(printed signature)
My Commission Expires:
t-
:3
A.
>
a:
cI
:e
..
a:
A.
I-
zw
w2:.g
:EI
0..
c e5"-
cl~1
> !J~.""
w ~....
~... J
~d
M
i
I
I
>
III
<:
a: <i
II: Z
ILl g
~!
ccra..r
...w
r.I ==
1&1 ~
fa ()
~
CALL BEFOaE Y(IJ DJG
(j)
~
<5
z
~O
Ci) .~
~...,.o.~. .,.."
~.
)> .i
~JB
~
()
~:
~/
f"
I.
---r-
~"'-"."._""""""\
,-,..--'" ~
'....................... :
7l................".;,L.
-...-:...../
./ ...~ ,.........
o
.r'
~G
//
"
U'II
BELL ~.1 RR
SECTION 4, TOWNSHIP 17 N', RANGE 3E
TOWNSHIP OF CLAY
HAJvlIL TON COUNTY, IN
SOILS WP
LEGEND
.~~
& T..,..,...Mdaa ac.
GATE. r- GIlle
IBI Slam...
@SkImt.....
@>!IIiray~""'"
9 ,.., Dtr:I ~
L5L.~~
-II: -at - .~ I:IecItnc line
-11-.,,- WD-Lsns
-.
lAND DESCRIPTION
A part of the Southwest Quarter of the Southwest Quarter of Section 4, Township way line, 1) North B3 degrees 54 minutes 39 seconds West 180.59 fee~ 2) North
17 North, Range 3 East of the Second Principal Meridian, in Hami~on County, 89 degrees 58 minutes 05 seconds West 55.77 feet, 3) North 44 degrees 45
Indiana, being more particularly described as foDows: minutes 49 seconds West 40.91 feet to a pamt on the westerly right of way line of
Towne Road; thence the following rina courses along said Towne Road right of
VtMf line. 1) North 15 degrees 06 minutes 57 swmds West 71.53 feet, 2) North
00 degrees 29 minutes 18 seconds East parallel with the west me of said
SouIhwest Quarter 498.21 feet, 3) North 00 degrees 59 minutes 18 seconds East
587.32 teet. 4) South 89 degrees 00 minutes 42 seconds East 42.86 feet, 5)
North 00 degrees 59 minutes 18 seconds East 29.53 feet, 6) North 39 degrees
36 minutes 46 seconds West 30.25 feet 7) North 89 degrees 00 minutes .42
seconds west 23.18 feet, B) North 00 degrees 59 minutes 18 seconds East
36.92 feet, 9) North 00 degrees 29 minutes 18 seconds East 0.67 feet to the
Point of Beginning,. containing 8.21 acres more or less, subjed to all existing
highways, rights of way and easements of record.
Commencing at the Southwest comer of Section 4; thence North 00 degrees 29
minutes 18 seconds East (assumed bearing) along the west line of said
southwest Quarter 1332.61 feet to the southwest corner 01 Crooked Stick Wes~
Section One per plat recorded in Pial Book 3, Pages 8-9 in the Office of the
Recorder of Hamilton County; thence North 89 degrees 57 mutes 35 seconds
East along the south line of said Section One 49.00 feet to the Point 01
Beginning, said point also being on the east right of way line of Towne Road;
thence continuing North 89 degrees 57 minutes 35 seconds East 277.90 feet to
thSoorthWestcomer of Crooked Stick Estates, Section One as recorded in Plat
Book 5,Pages 149-151 in said Recorders offiCe; thence South 00 degrees 29
minutes 18 seconds West 1293.01 feet to the northerly right of WI line of West
106th Street; 1hence the following three courses being along Said northerty right of
GEM
LANDSCAPE PLAN
REVWDNS AND DAtES
BELL\lERRA
CARMEL, IN DANA
I
~~> v.u;noov
~'-.--'1~ ~:>I!G ~~,~ ;1NO NO~~
, "'.. 1
'.', F
-...:...1
. .~
". ."ij.
ft \.\
~
..
~ -
~z~~ ~
o$XO m.,
:nCJ ~ ~ "1J \"
O:I:Q. ~ \
~~E~ C/) """
~~;H~ ~
C/)m::Den )>
~~C/)-< ::j
c~~~ 2
c~~~ ~
~o:xJ~ ~
~~~~
zoG'>c
. .,....~.g z!B f/;
C/)':t ax
~~~~
~m;g~<..
!II ~ C/) "" '".
~ ~ ~ '\\
M ~o, II,
;m Illi
~S1~" i~;~
~~~~ ~;:n
~:O:~f;1~;JE '
~i!2 !~~Q
~~!! ;~i~
~ '" "
~~;i; ~I~
~~~~g ~;~
~:ij~v>F :?!~
.-<eJ;;:t 3: :o~
(f) !~~~j ~~
~ ~j:~a~ ~~
C f~~~~ .~~
OJ cf'l S GIg
-0 ~
r
I~
-I
Z
(;)
o
m
~
r=
19615 E. 148th ST. '6
___ NobIesviIle, IN ~60
_ (317) 776-8665 Phone
(317) 776-8666 Fox
PREPMD "..
BPDEVELDPMENT
10916. TAMDSHANTER DRIVE
CARMEL, . INDIANA. 46032
~ i; 2 'ii~ I ( B: C ~ I
~
I f J f f~
I i
J I i i II II j I
f f If
II
j if I i " I !
I Ii 11 }I II
I II I ~
I
, I I ~ iii.. ;; , ~ Oil ~ ~
8 !! a iii ~ ~ ;;: Ii1 '" ~ II
I
I J I
.1 i i:
.1 J ~
j
l J J
J
-I
::0
m
m
-0
::0
m
(f)
m
::0
<
)>
!~
o
z
~
::0
::0
m
::0
o
m
~
r=
i ~ ~ i i i. i I Iii II f m
J i J (I I J' B rir ~
~ !..IQ.. JI i j I~ ;h!l! .!
~ lit f II )si ~
I ~I .1. i ~ I i ~ I ill;
! f f f q f "Ii:
J J f I j I 'Iifil
i t '~i iii!li
I t (f Slt!ti
r ~ . ~#il
I I . "11:1
gJ I
r
i
~ ~~ !i1~ ~ ~ ~~ m
II! iii liB
~ ~J IU ~ ~~ iJ
~ LYi ~~ ~ m ;
~ ~ ~;j ~ F
~ ~~ i~ ~ F n
~ i i~ ~ ~ ~
3 ~ ~(I) ~ fii !
~ ~ I~ i g g
z ! fR~ 21 ~ !II
i Pi ~! i _
m ~ ~ ~ ~
~ i i a_~
m 0 ~ ~
z (tJ ~ ~
~ ~ ~
a ~ S
I ~ 0
~
!~!: n
(f) Z?;P:~ o~
I t.*~F ~~
~. ~~~~ il
m I ~~~. ",fJ
-j ~~~ ~~
~ u~ ~
m @
;-0
r
)>
Z
-I
Z
(;)
o
m
~
r=
o
::0
Z
)>
s:
m
z
-j
)>
r
-I
af}1
m
'1J
.~
Z
-I
Z
(;)
o
m
~
r=
-I
::0
m
m
(f)
-I
)>
!~
z
(;)
o
m
~
r=
~~ ~
00 !
i~ g
~~
j~
-C'I
",
3::
o
IV
1/1
15
~
Q.
~
'"
",
<-
V)
6
z
tI)
1>
Z
tj
tj
1>
-I
rl
tI)
g III
~ r-
== ....
I!.r>
:'1ItiraI
Z rn
~ :II
= =
n -.........-t "'U "'U
J> 0 v....; ;;0 =-;00
;;0 ~ lJ f'TI iiiiiII'"
~ 0' ~ ""..~
.:~t:I ~ ,.~
--~ rl tj lic
ZD"" OJ
t:H/>< ~ ;) . .-5
~t rrl .. I .&;
~~r Ii
~f'TlD _
0';;0 lJ t;L;; ~ ~
B~ :s: .55 ~ c;;
ru -- fT1 :::: ::: ~ ~
~Z I~;~
--1 ~ g::,b ~
0> 1.11 0>. tf.I
...,"t)~:-C
~~o~
-
'ON133HS
Lt~O-~i~. :lJ3rO~d
,O~ = ,; 1:31'v':>5
tOOl · L 'AON:31V'O
C"I
f'T1
~
"
:II
..
i:
~
:II
-<
"
5
"D
.,
o
<
ID
Q.
rT
~
~
Q.
~
'"
C'I
o
"
o
G
;)
~
n
'"
'~
~ 1111'18 910 1.1C111.
ilE ;l9N
....-a..... . ':IV1
UDQ:r.i'G pIg;Jd'd ~
~~~~ @
~~@
~11IIoIO.t~ . HE
~~"'.
3H'~
JCDg &Gq:MIr ~J. W
;!JOeI.QIWIOeI .
ON3831
HI 1.LNnO:JNOJ.1nMYH
AnO:lOdIHSNMO.L
'N.Ll-dIHSNMOJ. 't1 NOIJ.:>ilS
"1:18
'1- ·
1IIIL....AIJ.....1IIII .. 'II!I BJi . _
'pJOOaJ JO s~uawasea pue AeM ~o ~lt5p '~5!4
6unspce lje at pafqns 1SS9j 10 SJOW sam ~?g ~~IUOO 16UJuu!6as !O 1~
at.n on~ 19'O tsa3 spuooas 9~ SSlRU!W 6(; sOOJ6ap 00 lWON (6 'tea, G6'OC
tsB3 spuooes B~ GaJnuIW 69 S9816ap 00 lWON (9 '~ 9 ~ 'tG~Mspuooas
~. ~u!W 00 SOOJ5ap 68lJ1.1ON U 1atij gG'OC ~M splIOOOS9t7 $a1IllJ!lU m;
sooJ6ep 6& tfUON (9 ~99J ES'6G tse3 spuroas g~ selnu!W.eg sooJ6ep 00 \.WON
(g 'tOOl gg-zv 1003 spuroas ~ sslnu!W 00 saeJ6ap 69 tUnas (v 't8a! Gt'lGG
IS83 ~ g~ sa~nt1!W 69 S9aJ6ep 00 lI1JON (C '199j ~G'96V .I9uertO ~
P\BS 10 aUII !SaM au LnIM ~lIeJBd ~ spuooas 8 ~ 8aU1~w ~ SOOJBap 00
qJJON {G IJOOl eg' ~L 189M s~ 19S8V1U~ 90 saaJBap g~ lWON (~ 'aUg keN.
lO 1lI6~peOH SUMOl PjeS fiJolB S9SJnOO eu!U 6u~JOJ etR eooetR ~PB01:J eu.vtl
JO au!! f.SM JO 1l16!J ~ an UO Mod e at t991 j:6'OV tseM spuooas 6V sap1UfW
9V saaIDap vv lfUON (& . U'GG1SaM spuooas 90 savllJ!W gg saajBap 68
'WON (G ~aaj 69'OO~ tsaM spuroas 6t stijnUIW t7; saasBap 8B 41JON {t laug 1.:eM
Udi
:SMOI/Ol se paQ!.t)oop ~ronmd 9JOW ~q 1me!PUI
'~OOQ ~1!W9H U! 'U'e!wa~ red!ou~d puooas 941.lQ tSB3 € a6uecJ 'LDJON l~
~l'v UO!P9S jO Ja~no ~noselOjO .JeJJel10 ~Q\I\LJ1nos ell JO uadv
ONVl
6Z sOOJfJap 00 tUnas ~uatU :a~o S~apl~tI P!9S U! ~g~ -6Vl saBed 's ~OO8
IBId u! papJOOaJ 5B euo uQ!P8S '~53 )jOltS PIDIOO/8 jO 18U.IOO ~u 84t
o~ ~atij 06'll? tst?3 spuooas.;t ~IJ!W LS saaJBap 68 lfiJoN 5u!nlijuro aoua~
:peotj atlMOl ~o aujl !..'eM JO ~4B!J 1SW at.n uo 5u!tK1 o9je JU!ocIp~ 'f)U!UU!5eS
lO 1U!Od atU 01189j OO'6v auo u~ P.e$. ~o aLD.l- tW100 9q1 fuJoJe tsa3
spuooas 9C SEqrllJ!w ~S99J6ap 69 4JJON eooatn ~nco UOII!W8H jO.Jap.JOOaCj
an JO a:J!JlO a~ U! 6-B safmd '&){OOS teld U!pap.looaJ ~Bld mOO() uonoog
~ }f.J!tS PffiIOO.Q jO JeUJOO tsa,Mtflnos 841 OJ 1001 ~9'GW~ Jaueno 1S9MlW1OS
P!9S jO au!!1S9N\ 9t.n 6u0Je (6u!Jt?eq pawnsoo) tse3 spuooas a ~ sa~nu!w
6G saaJ6ap 00 lWON ~ :v uonoas jO J9WOO ~nos a~ ~ 6upu~
/
W3~
2(09t1 ~N~IaNI 'l3W~~J
3^I~a ~31N\;jHSOWtJ 1 9t60t
lN3HdDl3^30 d8:
:~Oj a3~V'd3~d
;~:~ ~:~:=~~~ ~~ ~ g IIIII&.UIB
09091' NI '9II!^~,qoN ~
91 "1S Q1S>l ") >196 IiiIJI'.P.i-PIMJ
:Aa a]~\fd3~d
Y'1d dY:)SGNn
:~q .1O.,^o.Ad~
W3~
:Aq 10<1.>1:3<1"4
~>I
YNYClNI '1:;nUy:)
YHHD1\',il8
:~q VMQ.Aa
>1:3
:Aq pau6,saa
S31'Va 'aNV' SNOISI^3~
~
~
-----..---......-.--.-......--.-....
9
z C\I
~~ Q
0::> ..:J
CJ)~ffi
W~~1ii
~~~
rJ)
~ffi~
--~~sL~-
L:i a::a:~~
~ ~~~Q
~ ()~~c
i= ~Cf)Lfi~
~ uja::a:(I)
0: ..J1f<~
m ~;i@~
~ ~~D~
a. <("ltf-i~
~E~@
~~~8s
a
...:J
~
~
Ii
EI
.:~'
h
-'
~
o
a:
w
a:
a:::
al
z
0..
j:;'i
~
a:
w
en
w
a:
0...
UJ
UJ
cr::
.....
6 ~
~~~
N
.... II N
0>= ~ g
.... I- ~
~.w~ t.
~ ~ ~ ~
aUlCl.~
~~....:
o I
-
J i f I
!!
J . i
~ J I. ,.
:!
~ :f 6.f
I I ~ !
I
II '" at ~ ~~ ~!! , ~ IB
~ ~ ~ ~ ~ - !!f! iif ~ ~
I I II Ii II I f
Ii j o ~
,I jl I~
~ I
I I-~- -i-I :1- I II ~ r
i - JJ 1-
8 j II J !~ , I
~ ! J i ! J
~ J j
II i $ 19 13 ~ liJ~ !2 !'2 5)
w
~
8
~ ~
o m~'
! ~ g
~ a; ;z
~ 2
I ~ . ~
~ ~
~ ~ ~ ~
~ ~ ~~~; ~
ffi ~ fit <2 z ~
~ a fi! ~~ i g
I:? ~I ~~ ~ ~
I ~ ~ ~g ~ i
~ ~ < ~fJ m a
o ~ ~ i ~ ~s ~
I~ ~ hi lIs ~
Rl i~ j I ml~ j
8 i >- ~ ~ 2 ~~ ~ ~
BI n u ~g ~
~ ~~ ~ ~ ~~ ~~ 8
I
~
Illi "
idl!1 .. I 1
ii)lti ~ i ;
11(11; II i I
111!Ji i I I I !
].r!JII ! ~ i 1
I Iii 3 II ! i t
~ ~hlh Iii i I
~ tIs J~. i i 1.
I L!th i i; II i
m 111 11 ~ ~ ~ ~i ~
-I
~
c
~
z
i=
s~
Q,.i
~ ~~~ tlJ
&!i I ~I.IS~ id J d~ ~
Ii ~ ~ i!&lf lill Ii ii~ ~
!i! !Mgi ~IJ~ ~~ ~d~ iJj
[Sa ~ ~fl~~eie. ~:s~~ ;1 iJ:I~
III !b~ll~ ii~g ,; U un
~
il
ii~
~ 5
I
.!
i
i
I i
J; i
I IS
9 om
I i
.I .i
i f
~ ~
..J
~
W
Q
(!J
Z
~.~
~
w
w
~
-I
~
c
CJ
z
;::
~i
0..
~!It ~d I~ 1~lli ~
I g~fl ~~~~ 81 ri~~g! :r:
!c i~~~ ~!II ~! i~iIIi~ (j)
! !~ol i~;1 it 'Iill
I IlIi 11;1 t ~ ~II 111,1
....J
~
UJ
o
CJ
~
a.
UJ
W'"
a:i
I-
~
!
a:::
o
~. - f
CARMEUCLAY PLAN COMMISSION
Carniel, Indiana
OPEN SPACE MODIFICATION
FINDINGS OF FACT
Docket No: 04090043 ..pp & 04090044 SW
Bella Terra)
Petitioner: BP Develo ment LLC
Section Varied: 6. 3 . 20.
Brief Description of Variance: Allowance for private streets
The Commission may, after a public hearing, pennit the modification of the provisions of Chapter 7 of
the Subdivision Control Ordinance.
Any'approval to permit such a modification shall be subject to the following criteria:
The design and modifications shall be in hannony with the purposes and the land-use
standards contained in this Chapter;
The design and modifications shall enhance the subdivision plan, the central core area,
the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan
that could be created in conformance with this Chapter;
The design and ino difi cations shall not produce lots or street systems. that would be
impractical or detract from the appearance of the subdivision plan, and shall not
adversely affect emergency vehicle access or deprive adjoining noncommercial
properties of adequate light and air; and"
The applicant shall demonstrate that the proposed modifications will produce equal or
better results, from the Commission's perspective, and represent the minimum
modification necessary.
If the Commission detennines that the applicant has met his/her burden, it may grant a n10dificatioI}. of the
requirements of this article. In granting modifications, the Commission may impose such Conditions that
will, in its judgment, sec~~ the objectives and purposes of Chapter 7.
Based on all the, evidence presented by the petitioner, I vote to Approve of the requested
subdivision variance.
I hereby vote to Disapprove of the s~bdivision variance request for the following reasons:
1.
2.
3.
Dated this
day of
, 20_.
Commission 'Member