Butterfield Homeowners Association

Butterfield Regulations

Regulations

REGULATIONS
1. General
a. Definitions of terms used in these regulations are the same as those in Article I of the Butterfield Declaration of Covenants. "Covenants" refers to the Butterfield Declaration of Covenants, as amended. These regulations clarify and supplement, but do not supersede, the requirements of the Covenants. Additional restrictions and requirements are contained in the Covenants.
b. The intent of these regulations is to encourage voluntary compliance by owners with the Covenants. Both the Board of Directors and the Environmental Committee shall encourage voluntary compliance by friendly, informal communication with owners concerning requirements of the Covenants and Regulations.
2. Environmental Committee Approval
a. The following actions require submittal of complete plans by the owner, and written approval by the Environmental Committee, prior to commencement of work:
i. construction, installation or alteration of any improvements, including but not limited to dwelling houses, landscaping, courts, ponds, flag poles, antennas, fences, walls, address signs, garages, drives, parking areas, curbs, walks, and exterior lighting;
ii. grading, removal of native rocks, or any alteration or destruction of natural vegetation -- including but not limited to removing, transplanting, trimming, or clearing of native trees or brush --on any lot or other property in Butterfield,
iii. installation or alteration of landscaping, other than routine maintenance.
b. The Board of Directors or the Environmental Committee may adopt guidelines, procedures, or forms to assist owners in preparing and submitting complete plans for approval by the Environmental Committee.
3. Natural Vegetation - Owners must use their lots in such a manner as to disturb as little natural vegetation as possible. If natural vegetation is disturbed other than in accordance with an approved landscaping plan, the owner shall seek assistance from the Douglas County Soil Conservation District as to the method and manner of re-seeding such disturbed area. Any ground disturbed by construction must be either restored to a natural state or landscaped in accordance with an approved landscape plan within twelve months after completion of construction.
4. Animals
a. No more than two domestic household pets of each species are allowed per lot.
b. No pet shall be allowed off of its owner's lot except under strict control of its owner.
c. No animals may be raised or bred for commercial purposes on any lot.
d. Pigs, goats, cows and cattle, stallions, fowl and poultry, and other livestock or other outdoor animals are expressly prohibited.
e. Horses, except stallions, are permitted subject to the following provisions:
i. No more than two horses are permitted per lot.
ii. Horses must be fed with food procured away from the lot or property in order to prevent overgrazing and protect the environment.
iii. Horses are to be corralled in an area not to exceed 1,500 square feet.
iv. Overgrazing is not permitted on any lot or property within Butterfield. Owners may be required to revegetate areas damaged by overgrazing.
v. No horses are permitted on Lots 1 through 9 and 50 through 57, unless a variance is obtained from the Environmental Committee.
vi. Manure must be removed in a regular and reasonable manner or otherwise composted or spread in such a manner as to protect surface and ground water, to minimize the breeding of flies, and to control odors. Manure must not be buried. Manure piles must be set back 50 ft from any well, stream or waterbody, 50 ft from roads, and 25 ft from side and rear lot lines. Adequate drainage facilities are required to protect any adjacent land from runoff containing-organic waste, sediment, or other contaminants. Animals shall not be allowed to create excessive odor problems or present a health hazard to surrounding lands.
5. Signs - One "For Rent" or "For Sale" sign, not to exceed 20 by 26 inches, is permitted per lot. No other signs or advertising are permitted, unless approved in writing by the Environmental Committee.
6. Trash - Trash placed for road-side pickup must be enclosed in garbage containers with lids. Recycling materials must be placed in recycling containers. Use of plastic or paper bags placed outside of enclosed garbage containers is not permitted.
7. Vehicles and Parking
a. No parking is allowed within the road right-of-way.
b. One single-stall or two-stall horse trailer is permitted on lots where horses are permitted. Horse trailers must be parked/stored to minimize exposure to the roadway to the extent possible.
c. Exterior storage or parking of the following vehicles is prohibited: trucks in excess of 3/4 ton, construction equipment, commercial vehicles, unlicensed automobiles and trucks, recreational vehicles, camper trailers, mobile homes, busses, tractors over 20 horsepower, and other such vehicles.
d. Exterior storage or parking of the following vehicles is prohibited without a written permit from the Environmental Committee: boats, boat trailers, utility trailers, tractors under 20 horsepower, and such vehicles not specified in b. or c. of this section.
e. Temporary parking, but not storage, of visitors' recreational vehicles, campers, and boats is permitted for up to two weeks. Short-term parking of owners' recreational vehicles, campers and boats is permitted for up to two days prior to and immediately following their use for recreational purposes.
8. Commercial Businesses - No commercial business of any kind may be conducted or permitted in Butterfield. Use of home offices for business conducted primarily by phone, fax, or computer that does not create increased auto traffic will not be considered commercial business.
9. Hazardous Activities - Hazardous activities are prohibited on any lot or property in Butterfield, including firearms discharge or open fires (except in attended, enclosed barbecues used for cooking).
10. Building Restrictions
a. The following buildings or structures are permitted on each lot:
i. one single-family dwelling house with attached garage,
ii. one attached or unattached garage, and
iii. one service-type barn, stable or shed or similar construction as the main dwelling.
b. The maximum size of any ancillary building to a dwelling may not exceed 1200 square feet in area and must resemble the main dwelling in style and in pitch. No corrugated-type or metal buildings are permitted. The exterior of any ancillary buildings must be constructed of the same or similar materials as the main dwelling.
c. Roofs must be constructed of either natural wood cedar or tile, unless a variance is provided by the Environmental Committee.
d. Fences are to be decorative in nature and must be of wood, brick, and/or stone construction and approved in writing by the Environmental Committee.
e. Owners should refer to the Butterfield Covenants for other building restrictions, such as requirements for minimum dwelling size, driveways and access roads, landscape development, service yards and trash areas, underground utility lines, exterior lighting, garages, off-street parking, foundation facing, fencing, antennas, external structures, heating and cooling units, irrigation, reflective glass, pool safety barriers, etc., which are subject to approval by the Environmental Committee.
11. Douglas County Soil Conservation Easement and 100 Year Flood Plain Easement - The following activities are prohibited within the Douglas County Soil Conservation District Easement and 100 Year Flood Plain Easement disturbance of natural vegetation; excavation; construction of any buildings, structures, fences, or walls; gardening or landscaping; grazing of horses; operation of recreational vehicles; or storage of any material, vehicles, or other items. No variance for use of these easements may be granted by the Environmental Committee without the approval of the Douglas County Soil Conservation District Board of Directors and the Douglas County Commissioners. These easements are restricted in use for such peaceable enjoyment and recreational use as will not disturb the natural state of the land. Owners also may be required to maintain portions of their lot within these easements in accordance with Article V. of the Covenants.
12. Utility Easements & Bridle Easements-Easements referenced on the Plat as combination bridle and utility easements must remain open and unfenced. Ten-foot utility easements may be fenced but not excavated or built upon. Twenty-foot wide easements along each side of all road rights-of-way shall not be fenced, excavated, or built upon. Bridle easements shown on the Plat may not be fenced, enclosed, excavated, encumbered, or restricted in any way by an owner. Bridle easement markers may not be removed or altered. Bridle easements are for the use and enjoyment of the owners and their guests and invitees in accordance with the normal use of riding trails. Pedestrian use of bridle easements is also permitted. Motorized vehicles of any kind are prohibited on bridle easements.
13. Variances
a. Where circumstances require, or when the Environmental Committee believes that a variance is desirable and in conformity with the preservation of the value of Butterfield, the Environmental Committee may allow reasonable variances from the requirements of the Covenants by two-thirds vote of its members. However, at least 30 days before approving or disapproving any variance, the Environmental Committee shall mail, by certified mail, a notice of such proposed variance to owners of the ten lots determined by the Committee to be closest in proximity to the lot for which the variance is requested. In the event that a majority of the ten lot owners notify the Committee in writing of their objections to the proposed variance within the 30-day period, the variance shall not be granted, unless and until it is approved by at least sixty percent of the votes of members who vote in person or by proxy at a regular or special meeting of the Association. The Committee may also elect to mail notices of a proposed variance to all owners in accordance with Article III.4 of the Covenants.
b. Requests for variances must be submitted in writing to the Environmental Committee. The owner requesting a variance shall bear the cost of certified mailing of notices.
14. Fines for Violations of Regulations
a. In addition to any other remedies for enforcement of the Covenants, the Board of Directors may impose the following fines for violations of these Regulations. Such fines shall constitute a continuing lien upon the lot against which such fines are assessed. Prior to imposing any fines, the Board shall send to the owner, by certified mail, a Notice of Violation specifying the nature of the violation.
i. For violations involving commencement of any work on a lot in violation of Section 2.a of these Regulations, the Board of Directors may assess fines of up to $25 per day of violation.
ii. For all other violations of these Regulations, the Board may assess fines of up to $10 per day of violation. For such violations, the Board may allow the owner up to 30 days to correct the violation before imposing any fines, unless the Board determines such violation constitutes a health or safety hazard.
b. Within 10 days of receiving the Notice of Violation, the owner may request in writing an. informal hearing before the Board. The Board shall provide such informal hearing within 10 days of receiving the written request from the owner.
c. The Board may extend time periods for correcting violations, and may waive any fines in consideration of mitigating circumstances or any other factors.
15. Enforcement - These regulations are enforceable in accordance with Article IX of the Covenants. For purposes of the Covenants and these Regulations, the term "action" as used in Article IX.2 of the Covenants shall mean the mailing of a Notice of Violation as provided in Section 14.b of these Regulations.

Adopted by the Butterfield Homeowners Association Board of Directors, the 11th day of March, 1999. These Regulations will become effective on May 1, 1999.

Sandy Blackstone, President Kay Corby, Secretary