Jenifer Ridge

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Jenifer Ridge

We're on Our Way

Welcome to the Jenifer Ridge Website!

Established in 2001, our neighborhood has grown and evolved at a remarkable rate. The landscape changes daily, it seems, as new construction is completed and new neighbors settle in.

Upon completion we will be a neighborhood of 77 single family homes and 16 patio homes. We look forward to building a strong and gracious community in the months and years to come!

 

About our association

HOA Board Meeting Minutes December 1, 2003

Monday, December 1, 2003
Bluestone Restaurant
6:10 p.m.

I) BOARD MEMBERS PRESENT: Mary Brunk, Mary Ann Gruntowicz, Tom Klein, Mario VillaSanta

II) BOARD MEMBERS ABSENT: Kathy Leahy (sick)

III) OTHERS IN ATTENDANCE: Michael Sabracos

IV) APPROVAL OF November 3, 2003 MINUTES: On a motion by Mary and second by Mary Ann the minutes were unanimously approved

V) TREASURER’S REPORT: (Mary Brunk) Balance sheet, Prof. & Loss and Budget vs. Actual attached, as of November 30, 2003. No change from last month.

VI) PROPOSED 2004 BUDGET: (Mary Brunk) Attached. Final approval at December meeting.

VII) DOCUMENTS INSPECTION: (Mary Brunk) Recommendation forth- coming at next meeting. Deferred to January meeting.

VIII) RESERVES FOR REPLACEMENT: (Mario VillaSanta) Two bid proposals received. Mary Ann will follow up.

IX) GROUNDS COMMITTEE: Mary Ann will send list to Gaylord Brooks with “as of today” caveat.

X) ARC: (Mary Brunk) Mary Ann resigned. Katy Gordon accepted. Mary will Board Liaison. Mary Ann will seek third member from class C.

XI) LANDSCAPING: (Mary and Mary Ann) Getting quote for front entrance.

XII) INTERNAL BOARD COMMUNICATION: (Mary) Communication amongst Board members needs to be streamlined, better orchestrated and coordinated, and use of e-mail should be for time sensitive issues only.

XIII) SCOOTERS: (Tom) Only mentioned in newsletter.

XIV) BOARDS POSITION ON NOT TAKEN POSITION ON ISSUES OUTSIDE OF COMMUNITY: (Mary Ann) The Board will continue to develop policy.

XV) NO IMPACT HOME BUSINESS: (Tom) Mary Ann will ascertain the definition in the Annotated Code of Maryland.

XVI) EXECUTIVE SESSION: (8:04 P.M. to 9:15 p.m.) Board members only. Discussions on no impact rule, truck rule, daycare center, outside communications issues.

XVII) NEW BUSINESS: (Mario) Mario motioned to expand the Board to 7 members. No second was offered. The Board wishes to await volunteer response to the newsletter.

XVIII) ADJOURNMENT: On a motion by Mary Ann and second by Mary, the meeting adjourned at 9:30 p.m.

HOA Board Meeting Minutes November 3, 2003

Monday, November 3, 2003
Bluestone Restaurant
6:10 p.m.

I) BOARD MEMBERS PRESENT: Mary Brunk, Mary Ann Gruntowicz, Kathy Leahy, Tom Klein, Mario VillaSanta

II) BOARD MEMBERS ABSENT: NONE

III) OTHERS IN ATTENDANCE: Michael Sabracos and Barbara McAree

IV) KINDERCARE: (Mike Sabracos) Mike Sabracos presented County rules on school attendance. Mary Ann Gruntowicz stated rules are often broken. Mary Ann will tell Lucy Duke to work outside of the HOA on this issue.

V) ARC: (Mary Brunk) October 29, 2003 letter from Gaylord Brooks turned ARC over to HOA. Barbara McAree will set up ARC meeting asap.

VI) PRESIDENT’S REPORT: (Tom Klein) Tom congratulated the Board for focusing on our mission. Tom distributed the Winter newsletter draft to the Board.

VII) APPROVED OF OCTOBER 6, 2003 MINUTES. On a motion by Kathy and a second by Mary Ann, the minutes were unanimously approved.

VIII) TREASURER’S REPORT: (Mary Brunk) Class “C” has $8,792.75 as of Oct. 3, 2003. Balance sheet, Prof. & Loss and Budget vs. Actual attached.

IX) RESERVES FOR REPLACEMENT: (Mario VillaSanta) Two bid proposals received. Mary Ann will follow up.

X) LANDSCAPING: (Mary and Mary Ann) October 3, 2003 letter from Gaylord Brooks. (Attached) Quote from CFC for over- seeding and aeration. (Attached) more quotes for front of community awaited.

XI) GROUNDS COMMITTEE: (Tom Klein and Mike Sabracos) Report to be presented at next meeting.

XII) UPDATE ON MR. YI: (Mario VillaSanta) Mario met with Mr. Yi on several occasions to discuss sheds and trucks. He is aware of the issues. Sheds will be covered by deck. Mary Ann would like to clarify our truck rules. Suggestion from Tom to ask Cynthia Kent where we stand.

XIII) LEGAL: (Tom Klein) on a motion by Tom and second by Kathy, the Board unanimously voted to hire Cynthia Kent as legal counsel, contingent on softening her collection policy.

XIV) HOOPS RULE CHANGE:(Tom Klein) In light of no petition against, rule is changed. We may have to record it.

XV) POLICY ON DECORATIONS: (Tom Klein) Determined not needed.

XVI) DOCUMENTS INSPECTION: (Mary Brunk) Recommendation forth- coming at next meeting.

XVII) SCOOTERS: (Kathy Leahy)Letter to be sent to violators, and mention in newsletter.

XVIII) COMMUNITY DECORATIONS: (Kathy Leahy) Kathy will better secure this year.

XIX) CONFLICT OF INTEREST POLICY: (Tom Klein) Deferred to future meeting.

XX) STRAY DOG: (Mario VillaSanta) Dog appears to be from original owner’s kin’s house.

XXI) ADJOURNMENT: On a motion by Mary and second by Mary Ann, the meeting adjourned at 8:30 p.m.

HOA GUIDELINES - Use Restrictions

3.1 DWELLING; RESIDENTIAL USE; HOME BASED BUSINESS. All dwellings shall be constructed in accordance with the specifications and criteria established by Declarant from time to time.

Each Lot shall be devoted exclusively for private single-family use and no Dwelling shall be occupied by more than a single family. A single family shall be defined as any number of perons related by blood, adoption or marriage living with not more than one person who is not so related as a single household unit, or no more than two persons who are not so related living together as a single household unit, and the household employees of either such household unit. Notwithstanding anything herein to the contrary, persuant to section 11B-111.1 of the Real Property for Article of the Annotated Code of Maryland, as amended from time to time, a "no-impact home-based business" is permitted upon a Lot subject to the following requirements:

(a) Owners shall notify the Association before operating a no-impact home-based business.

(b) No-impact home-based businesses are expressly prohibited in any common areas.

(c)Such additional requirements as may be specified by the Board of Directors of the Association, to the extent permitted by applicable law. The foregoing provisions of this Section are intended to be a restatement of the provisions of Section 11B-111.1, and any future amendments or modifications thereto shall be deemed incorporated by reference herein as a part of hereof.

For purposes of hereof, a "no-impact home-based business" means a business that:

(a) Is consistent with the residential character of the Dwelling;

(b) Is subordinate to the use of the Dwelling for residential purposes and requires no external modifications that detract from the residential appearance of the dwelling;

(c) Uses no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference detectable by neighbors or that causes an increase of common expenses that can be solely and directly attributable to a No-impact home based business; and

(d) Does not involve use, storage, or disposal of any grouping or classification of materials that the U.S. Secretary of Transportation or the State of Maryland or any local governing body designated as a hazardous material.

Notwithstanding the foregoing, the Declarant shall have the right to use the Lots, and the Structures thereon, it may own or lease from time to time as sales, rental and management offices or model units and for such other uses as the Declarant may deem appropriate for the development, marketing and management of any Structures now or hereafter located within the Property, and in furtherance thereof, the Declarant may, among other things, install one or more construction and/or sales trailers upon any such Lot or Common Area. The Declarant shall also have the right to erect upon any Lot it may own or lease from time to time, and upon the Common Area, such advertising and directional signs and other materials as the Declarant shall deem appropriate for the development, marketing and management of any Structure now or hereafter located within the Property.


3.2 SUBDIVISION. No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose unless the prior written approval from the Declarant has been obtained. The provisions of this subsection shall not apply to the Declarant and further the provisions hereof shall not be construed to prohibit the granting of any easement or right-of-way to any person for any purpose.


3.3 VEHICLES
(a) As used herein, "Vehicle" means a Commercial Vehicle, Motor Vehicle, Recreational Vehicle, automobile, Large Truck, other truck or van, trailer, motorcycle, bicycle, moped, or other powered or unpowered vehicle. "Commercial Vehicle" means any automobile, truck or van used or designed principally for commercial, business, or industrial use, or taxicab or other vehicle displaying a commercial logo, message or identification. "Inoperable Vehicle" means any Commercial, Recreational or other Vehicle which is a junk vehicle, or is inoperable, or lacks current, valid registration plates, or would not pass applicable state vehicular inspection criteria, or is not being maintained in a first-class condition. "Large Truck" means any truck or van or self-propelled farm or construction vehicle, which is more than 24 feet long, or has a capacity exceeding 3/4 ton. "Motor Vehicle" means a vehicle required by law to be registered with the MD MVA or another governmental authority or entity, or propelled by a motor. "Recreational Vehicle" means any boat, boat trailer, camp truck, camp trailer, golf cart, house trailer, personal watercraft, snowmobile, recreational bus or simlar vehicle, motor home, camper van or all-terrain vehicle, or dirt bike or other powered or unpowered vehicle designed primarily for use for sports or recreational purposes.

(b) No Vehicle shall be parked or stored in the Community other than in accordance with the provisions hereof. In addition, no Recreational Vehicle shall be permitted to be stored in a visible location on any Lot in the Community nor shall any Recreational Vehicle be operated within the Community, other than solely for the purpose of entering and exiting the Community.

(c) Unless permitted by any other provision of this Declaration, no Inoperable Vehicle shall be parked or stored in the Community.

(d) Anything to the contrary notwithstanding herein, nothing herein shall prohibit the parking of Commercial vehicles on a parking area or driveway on any Lot while providing maintenance, repair or installation services on, or making a delivery to or from, such Lot.

(e) No automoble or other Vehicle shall be constructed, restored or repaired on a Lot or Common Areas at a location visible from outside a garage or other building thereon, other than minor repairs such as oil, filter, battery, belt, wiper, light and tire changes, or emergency repairs which cannot reasonably be performed elsewhere, in each case, if performed (1) on a vehicle owned by an owner of, and customarily kept on, such Lot or Common Areas, (2) using all appropriate environmental safeguards, and (3) in a continuous and timely manner.

(f) No person shall operate a Vehicle in the Community other than in a safe and quiet manner and with due consideration for the rights of all Owners and occupants, or without holding a valid driver's license.

(g) Nothing in this Declaration shall prohibit or restrict the Declarant or Builder during the Development Period from operating, parking, maintaining or otherwise using a Vehicle anywhere in the Community.


3.4 ANIMALS. No animals, livestock or poultry of any kind, including pigeons, shall be raised, bred or kept on any Lot, except that dogs, cats or any household pets, may be kept, provided that they are not kept, bred or maintained for any commercial purpose, and provided that they are kept so as to avoid becoming a nuisance to the neighborhood or to any adjoining property owners, and do not roam unattended on the Property. No animal shall be permitted beyond the lot lines of the Owner's Lot unless the animal is leashed, carried or is under the control of a responsible person. Household pets shall not include miniature pigs, horses or other hybrid livestock or farm animals. In addition, upon request of any Owner or at the discretion of the Architectural Review Committee, the Architectural Review Committee shall determine, in its sole judgement, whether for the purposes of this Section, a particular animal shall be considered a "household pet". Pets shall be registered, licensed and inoculated as required by law. Owners shall be responsible for the immediate clean-up and removal of their pets' waste from any other Lot or Common Easement Areas or public rights-of-way. The Declarant or Architectural Review Committee shall have the right to require removal of any pet from the Property if there is a violation of any provision herein.


3.5 TRASH & OTHER MATERIALS. No lumber, metals, bulk materials, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except (a) building material during the course of construction, reconstruction or repair of any approved Dwelling or other permitted Structure, and (b) firewood, which shall be cut, stacked and neatly stored. All construction sites shall be maintained at all times in an orderly and neat manner. No burning of trash shall be permitted on any Lot. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers may be placed in the open in accordance with local law or on any day that a pick-up is to be made at such place on the Lot as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so as not to be visible from the roadway or the other Lots. Trash shall be disposed of in hard rubber, metal or plastic containers covered with a lid.


3.6 ANTENNAE. No radio aerial, antenna or satellite or other signal receiving dish, or other aerial or antenna for reception or transmission, shall be placed or kept on a Lot outside of a Dwelling, except on the following terms:

(a) An Owner may install, maintain and use on its Lot one (or, if approved, more than one) small Antenna (as herein defined) in the rear yard of a Dwelling on the Lot, at such location, and screened from view from adjacent Dwellings in such a manner and using such trees, landscaping or other screening material, as are approved by the Architectural Review Committee, in accordance with this Declaration. Notwithstanding the foregoing terms of this subsection, (i) if the requirement that a Small Antenna installed on a Lot be placed in the rear yard of a Dwelling would impair such Small Antenna's installation, maintenance or use, then it may be installed, maintained and used at another approved location on such Lot where such installation, maintenance or use would not be impaired; (ii) if and to the extent that the requirement that such Small Antenna be screened would result in any such impairment, such approval shall be on terms not requiring such screening; and (iii) if the prohibition against installing, maintaining and using more than one Small Antenna on a Lot would result in any such impairment, then such Owner may install on such Lot additional Small Antenna as are needed to prevent such impairment (but such instalation shall otherwise be made in accordance with this subsection).

(b) In determining whether to grant any approval pursuant to this Section, neither Declarant nor the Architectural Review Committee shall withhold such approval, or grant it subject to any condition, if and to the extent that doing so would result in an impairment.

(c)As used herein, (i)"impair" has the meaning given it in 47 Code of Federal Regulations Part 1, section 1.4000, as hereafter amended; and (ii) "Small Antenna" means any antenna (and accompanying mast, if any) of a type, the impairment of the installation, maintenance or use of which is the subject of such regulation. Such antennae are currently defined thereunder as, generally, being one (1) meter or less in diameter or diagonal measurement and designed to receive certain types of broadcast or other distribution services or programming.

(d) Notwithstanding the foregoing provisions of this section 3.6, it is the Declarant's intention that to the extent permitted by applicable law, any antennae as described herein shall be placed in the least visible areas in order to be non-visible from all other Owners and from sight of the road.

3.7 SIGNAGE. Other than signs deemed necessary and appropriate by the Declarant or its successors and assigns, and excluding directional signs, signs for traffic control or safety, no advertising or display signs of any character shall be placed or maintained on any part of the Property or on any Dwelling or Structure except with the written consent of Declarant or Architectural Review Committee; provided, however, that one (1) temporary real estate sign not exceeding six sqare feet in area may be erected upon any Lot or attached to any Dwelling placed upon the market for sale. Any such temporary sign shall be removed promptly following the sale of such Dwelling.

3.8 TEMPORARY STRUCTURES & RECREATIONAL EQUIPMENT. No structure of a temporary character, trailer, basement, shack, garage or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently; provided, however, that a temporary structure may be placed or used on a Lot if used and operated solely in connection with the construction of a Structure which is approved in the manner provided in this declaration, and further provided that such temporary Structure shall be removed from the Lot within thirty (30) days after the completion of the construction of the Structure, or within twelve (12) months from the date of the original construction, whichever shall occur first.

Nothing in this Declaration shall be deemed to prohibit an Owner from placing upon its lot reasonably sized garden sheds, greenhouses or other similar accessory structures approved in advance by the Architectural Review Committee. All sheds shall be approved in advance by the Architectural Review Committee and shall be of materials harmonious with the exterior of the Dwelling. Prior to the placement of any children's play equipment of a Lot, such Owner must receive the prior written consent of the Architectural Review Committee. Additionally, temporary basketball apparatus may not be used anywhere in the Community.

3.9 CLEARING LOTS. No more than an aggregate total of seven thousand (7,000) square feet of wooded area (if any) on any Lot may be cleared without the express written authorization of the Architectural Review Committee prior to completion of a Dwelling on a Lot and thereafter by the Architectural Review Committee. Under no circumstances shall more than twelve thousand (12,000) square feet of clearing be permitted on any Lot. After final grading following construction of a Dwelling on a Lot, no living tree, greater than 6" in diameter may be removed from a Lot without approval of the Architectural Review Committee which approval shall not be granted without good cause. Clearing is not permitted within the Forest Buffer Easement Area or Forest Conservation Easement Area, or within five (5) feet of such Areas, shown on the Plat.

3.10 NEAT APPEARANCE. Notwithstanding any other provision of this Declaration to the contrary, Owners shall at all times maintain their Lots and all appurtenances thereto in good repair and in a state of neat appearance, including but not limited to the seeding, watering and mowing of all maintained lawns, keeping all sidewalks, if any, neat, clean and in good repair, and free of ice and snow, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all Structures on the Lot, all in a manner and with such frequency as is consistent with good property management and maintenance. In particular, all maintained lawns shall be mowed a minimum of six (6) times per growing season, so that grass and weeds do not exceed five inches (5") in height. If, in the opinion of the Architectural Review Committee, any Owner fails to perform the duties imposed hereunder, the Architectural Review Committee may, upon majority vote, and after fifteen (15) days written notice to such Owner to remedy the condition in question, and upon failure of the Owner to remedy the condition, shall have the right (but not the obligation), through its agents and employees, to enter upon the Lot in question and to repair, maintain, repaint and restore the Lot and the improvements or Structures thereon, and the cost thereof shall be a binding, personal obligation of such Owner, enforceable under the Contract Lien Act.

3.11 NUISANCES. No noxious or offensive trade or activity shalL be carried on upon any Lot or Common Areas, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the Community or any adjoining property owners. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such properly maintained and operated devices as may be used exclusively for security or intercom purposes, shall be located, installed or maintained upon the exterior of any Dwelling or upon the exterior of any other Structure constructed upon any Lot. Between the hours of 11:00 pm and the following 9:00 am, no Owner or occupant on a Lot or in the Common Areas shall make any loud or unusual noises. Musical instruments, radios, televisions and cd players, record players and the like shall be used at all times only in such manner as not to unreasonably disturb persons on other Lots or in the Common Areas. No snowmobiles, go-carts, motorbikes, trailbikes, other loud engine recreational vehicles or skateboard ramps shall be run or operated upon any Lot or upon any roadways serving the Property. Notwithstanding the foregoing, construction activities on the Property conducted by Builder shall not be considered a nuisance provided such construction is otherwise in compliance with this Declaration and any written agreement with Declarant.

3.12 DRIVEWAYS. Owners shall be responsible for providing driveway access to their homes from the paved portion of the common access drive, as designated on the Plat. All driveways shall be paved with a hard durable surface, such as macadam, tar and chip, concrete or other similar material. Owners shall keep paving and other impervious surfaces to a minimum. Declarant reserves the right to limit the amount of impervious surface on each Lot. Construction of impervious surface must be approved as required under this Declaration. Paving shall be completed no later than one (1) year from the date of commencement of consruction of the Dwelling on each Lot.

3.13 GRADE. No change in ground level may be made on any Lot in excess of one foot in height over existing grades without the written approval of the Declarant obtained prior to the comencement of work.

3.14 RESTORATION. Any Structure on any Lot which may be destroyed in whole or in any part by fire, windstorm or for any other cause or act of God must be rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain in the Lot for more than sixty (60) days.

3.15 TANKS. No fuel tanks of any kind shall be permitted on any portion of the Property, excepting tanks for heating oil or propane which shall be buried on the Lot served. This provision shall not be interpreted or applied so as to prohibit 20 lb. propane tanks (or smaller) attached to moveable gas grills.

3.16 CONSTRUCTION ENTRANCE. A construction entrance twelve feet by fifty feet (12' X 50') must be built on each Lot by the Owner prior to contruction of the Dwelling and shall consist of not less than eight inches (8") of crushed stone and shall be maintained during construction to prevent sediment runoff and damage to the road system adjacent to the construction site.

3.17 ROADWAY DAMAGE. Any damage to the public or private roadway or driveway areas including, but not limited to, damage resulting from improperly installed and/or maintained construction entrances, shall be the sole responsiblity of each Owner of any Lot causing such damage, directly or through such Owner's agents, contractors, materialmen, sub-contractors, or independent contractors.

3.18 PERMITTED HOURS OF WORK DURING INITIAL CONSTRUCTION. The permitted hours of exterior work ("exterior work" being defined for the purposes of the Section as 'construction activity during the construction of the initial Dwelling on any of the Lots within the Property which genertates noise emanating beyond the property line of said Lots') shall be as follows: i) Monday through including Friday, 7:00 am until sundown; ii) Saturday, 8:00 am until sundown; iii) no exterior work on Sunday, except with appropriate allowances for unforseen and/or unanticipated weather conditions and other delays. Owners and Builders shall maintain dumpsters and spot-a-pot facilities during construction.

3.19 SWIMMING POOLS. Only one (1) inground swimming pool may be constructed on each Lot provided approval is first obtained from the Architectural Review Committee in accordance with the provisions of this Declaration. No above ground or other type of pool shall be permitted on any Lot; provided, however, that the foregoing shall not apply to children's portable pools which are stored in a non-visible area when not in use or to spas or jacuzzis if the Architectural Review Committee has allowed the same in writing.

3.20 MACHINERY. No machinery shall be placed or operated on any Lot, except for such machinery as is customarily utilized in occupying a Dwelling.

3.21 REAL ESTATE SALES OR CONSTRUCTION OFFICE. Notwithstanding anything contained herein to the contrary, a real estate sales or construction office or a trailer and related signs, may erected, maintained and operated on any Lot, or in any Structure now or hereafter located thereon, provided such office or trailer, and signs, are used and operated only in connection with the development or initial sale of any Lot or Lots, and/or the initial construction of improvements on any Lot now or hereafter laid out or created in the Community. Nothing herein, however, shall be construed to permit any real estate sales or construction office, trailer, or sign after such initial development, sales and/or construction is completed. Except as expressly permitted herin and above, neither any part of any Lot, nor any improvement now or hereafter erected on any Lot, shall be used for any real estate sales or construction office or trailer, nor shall any sign used in conjunction with such uses be erected.

3.22 CLOTHES LINE. No permanent exterior clothes dryer, clothes pole or similar equipment shall be erected, installed or maintained on any Lot.

3.23 TRAFFIC VIEW. No Structure, landscaping, shrubbery or any other obstruction shall be placed on any Lot so as to block the clear view of traffic on any streets, nor shall any planting be done on any corner Lots closer than twenty feet (20') from either curb line that will exceed three (3) feet in height (except shade trees which shall be trimmed so that a clear view may be maintained); provided, however, that the Declarant reserves the right to trim or remove any Structure, lanscaping, shrubbery or any other obstruction that violates this provision and in such event the violating Owner shall be liable to Declarant for all costs incurred in connection with such corrective action, which costs may be enforced under the Contract Lien Act.

3.24 FENCES. No fence shall be placed or kept on a Lot unless its location, type, color, height and texture are approved in advance by the Architectural Review Committee; provided, however, that nothing in this section shall prohibit Declarant, while developing a Lot, or constructing, repairing or maintaining a Dwelling or other structure thereon, from temporarily installing thereon a fence which is required by law, or under customary development, construction or maintenance practices is in such person's reasonable judgement necessary or desirable to accomplish such purpose.

3.25 LIGHTING AND WIRING. In addition to any other provisions of this Declaration pertaining to lighting and wiring, the exterior lighting on Lots shall be directed downward and shall not be directed outward from, or extended beyond, the boundaries of any Lot. All wiring on any Lot shall be underground.

3.26 NON-INTERFERENCE WITH UTILITIES. No Structure, planting or other material shall be placed or permitted to remain upon any Lot which may damage or interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct or retard direction or flow of any drainage channels.

3.27 FAMILY DAY CARE. Notwithstanding anything contained herein to the contrary, any Owner may use his or her residence as a "family day care home" ("Home") (as defined in Section11B-111.1), subject to the following requirements:

(a) The Owner or day care provider operating the home shall be registered with and have a license issued by the Department of Human Resources, in accordance with the registration and licensing provisions set forth in Title 5, Subtitle 5 of the Family Law Article. The Owner or day care provider shall furnish a copy of the license to the Architectural Review Committee prior to establishing and operating the Home and upon each renewal thereof.

(b) The Owner or day care provider shall obtain the liability insurance described in Article 48A, Section 481D of the Code, in at least the minimum amount described in that Section.The Owner or day care provider may not operate the Home without the liability insurance described herein, and shall present proof of insurance to the Architectural Review Committee before establishing and operating the Home and upon any renewal of the policy.

(c) The Owner or day care provider shall pay, on a pro-rata basis with other Homes then in operation in the Community, any increase in the insurance costs of the Association attributable solely and directly to the operation of the Home, upon presentation of a statement from the Architectural Review Committee setting forth the increased costs and requesting payment of the same. The increased insurance costs shall be considered an assessment against the Lot, and may be collected under the Maryland Contract Lien Act.

(d) The Owner or day cre provider shall not use any of the Common Areas for any purpose directly or indirectly relating to the operation of the Home.

3.28 FOREST BUFFER EASEMENT & FOREST CONSERVATION EASEMENT.

(a) Any portion of the Common Area or Lots designated and shown on the Plat as a "Forest Buffer Easement" shall remain in its natural state and there will be no clearing, grading, construction or disturbance of vegetation within the Forest Buffer Easement except as permitted by the Baltimore County Department of Environmental Protection and Resource Management. The Declarant hereby grants to Baltimore County, its agents and contractors, a non-exclusive easement and right-of-way in, through, over and across any area designated as a "Forest Buffer Easement", whether located on any Lot or Common Area, for all purposes reasonably associated with the inspection and maintenance of such areas; provided, further, in the event that after reasonable notice to the owner of such property, such owner shall fail to maintain any Forest Buffer Easement in accordance with applicable law and regulations, then Baltimore County may do and perform all necessary repair and/or maintenance work and may assess the owner of such property for the cost of the work and any applicable penalties and enforce the same, in the manner tax liens are enforced. All Forest Buffer Easements are subject to protective covenants which are recorded or intended to be recorded in the Land Records of Baltimore County, Maryland, which restrict the disturbance and use of such areas. (the "Forest Buffer Declaration"). Each Owner agrees to provide Declarant and its agents full access to their Lot at any time for the purposes of complying with the Forest Buffer Declaration and to otherwise comply with all provisions of the Forest Buffer Declaration.

(b) The Forest Conservation Easement, as shown on the Plat, has been established persuant to Baltimore County development regulations (as presently enacted) for the purpose of establishment of long-term protective measures for all land retained as forest, afforested or reforested areas. The intention of this Forest Conservation Easement, including restrictions and limitations on uses permitted within it, are further outlined in the Forest Conservation Declaration of Protective Covenants, Conditions and Restrictions (the "Forest Conservation Declaration"), intended to be recorded among the Land Records. All Owners shall be subject to the provisions of the Forest Conservation Declaration, as the same may apply. Each Owner agreees to provide Declarant and its agents full access to their Lot at any time for the purposes of complying with the Forest Conservation Declaration and to otherwise comply with all provisions of the Forest Conservation Declaration.


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