Prohibited Uses & Restrictions

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RESTRICTIONS AS PUBLISHED IN DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS

SECTION 9.02. PROHIBITED USES AND NUISANCES. Except for the activities of the Declarant during the construction or development of the Community, or as may be necessary in connection with reasonable and necessary repairs or maintenance to any dwelling or upon the Common Area or Neighborhood Common Area:

(a) No noxious or offensive trade or activity shall be carried on upon any Lot or within any dwelling or any other part of the Property, nor shall anything be done therein or thereon which may be or become an annoyance or nuisance to the neighborhood or other Members. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any dwelling or upon the exterior of any other improvements constructed upon any Lot.

(b) The maintenance, keeping, boarding or raising of animals, livestock, or poultry of any kind, regardless of number, shall be and is hereby prohibited on any Lot or within any dwelling, or other part of the Property, except that this shall not prohibit the keeping of not more than a reasonable number of small domestic pets provided they are not kept, bred or maintained for commercial purposes and, provided further, that such domestic pets are not a source of annoyance or nuisance to the neighborhood or other Members. The Board of Directors or, upon resolution of the Board of Directors, the Covenant Committee, shall have the authority, after hearing, to determine whether a particular pet is a nuisance or a source of annoyance to other members, and such determination shall be conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated as may from time to time be required by law. Pets shall not be permitted upon the Common Area or Neighborhood Common Area unless accompanied by a responsible person and unless they are carried or leashed. The person accompanying any pet is responsible for the removal and disposal of any solid waste products deposited by the pet on Common Area. The Board of Directors shall have the right to adopt such additional rules and regulations regarding pets as it may from time to time consider necessary or appropriate.

(c) No burning of any trash and no accumulation or storage of litter, lumber, scrap metals, refuse, bulk materials, waste, new or used building materials, or trash of any other kind shall be permitted on any Lot or other part of the Property.

(d) Except for parking within garages, and except as herein elsewhere provided, no commercial truck or vehicle over one-half («)-ton capacity, junk vehicle, truck of any kind (as defined by the Maryland Department of Motor Vehicles and/or by common usage and practice) over one-half («) ton capacity (jeeps, vans, multi- purpose vehicles and other vehicles primarily designed as passenger vehicles which are not used for commercial purposes are not prohibited), unregistered or inoperable motor vehicle (which shall include, without limitation, any vehicle which would not pass applicable state inspection criteria), trailer, recreational vehicle, house trailer, boat or other similar machinery or equipment of any kind or character (except for such equipment and machinery as may be reasonable, customary and usual in connection with the use and maintenance of any dwelling and except for such equipment and machinery as the Conservancy may require in connection with the maintenance and operation of the Common Area and any facilities situated thereon) shall be kept upon the Property nor (except for bona fide emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be carried out thereon. The Conservancy may, in the discretion of the Covenant Committee, provide and maintain a suitable area designated for the parking of such vehicles or the like.

(e) Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection and after 6:00 pm on days prior to trash collection. Trash shall be stored in closed metal containers or containers constructed of other suitable materials. No incinerator shall be kept or maintained upon any Lot.

(f) 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; provided, however, that condominium units may be divided or subdivided in accordance with the Maryland Condominium Act, Title 11, Real Property Article, Annotated Code of Maryland (1988 Repl. Vol., as amended) and the documents creating such condominium regime and cooperative units may be subdivided in accordance with the Maryland Cooperative Act, Title 11A, Real Property Article, Annotated Code of Maryland (1988 Repl. Vol., as amended) and the documents creating the cooperative. 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 municipality, political subdivision, public utility or other public body or authority, or to the Conservancy, the Declarant or any other person for any reason.

(g) No tree, hedge or other landscape feature shall be planted or maintained in a location which obstructs sight- lines for vehicular traffic on public streets or on private streets and roadways.

(h) No decorative lawn ornament, no structure of a temporary character, and no trailer, tent, shack, barn, pen, kennel, run, stable, or other buildings shall be erected, used or approved by the Board of Directors or Covenants Committee or New Construction Committee (whichever is applicable) under the provisions of Article VIII hereof. Notwithstanding the foregoing, tents may be erected temporarily in back yard only for purposes of drying or use thereof for a period not to exceed forty-eight (48) hours.

(i) Except for entrance signs, directional signs, signs for traffic control or safety, community "theme areas" and such promotional sign or signs as may be maintained by the Declarant or the Conservancy, no signs or advertising devices of any character shall be erected, posted or displayed upon, in or about any Lot or dwelling, provided, however, that one sign not exceeding two (2) square feet in area and not illuminated may be attached to a dwelling where a professional office (as herein elsewhere in this Declaration defined) is maintained, and provided, further, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any dwelling placed upon the market for sale or rent. Any such temporary real estate sign shall be removed promptly following the sale or rental of such dwelling. [CONTACT MANAGEMENT REGARDING POLITICAL SIGNS]

(j) Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no hose, water pipe, sewer pipe, gas pipe, drainage pipe, television cable or other similar transmission line shall be installed or maintained upon any Lot above the surface of the ground nor shall wire lawn edging be permitted on any Lot. This paragraph shall not apply to any utility pipe, line, wire cable or other transmission line installed by any utility company (including, without limitation, cable television) in order to provide utility service to any Lot.

(k) No play equipment, including, without limitation, basketball backboards, basketball hoops and other equipment associated with either adult or juvenile recreation, shall be attached in any manner to the front or sides of any dwelling; provided, however, that basketball backboards or hoops may be erected on Lots upon which is constructed, or will be constructed a single-family detached home with the approval of the Board of Directors or the Covenant Committee as provided in Article VIII.

(l) 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.

(m) *PLEASE SEE ARCHITECTURAL GUIDELINES (Pages 25-26)FOR REVISION. No outside television aerial or radio antenna, or other aerial or antenna for either reception or transmission; including, but not limited to, satellite dish antennae, shall be maintained upon the Property. Aerials or antennae may be erected and maintained entirely within the dwellings located upon the Property.

(n) Vegetable gardens shall be maintained only within the rear yard of any Lot and shall be screened from public view.

(o) Lawn furniture may only be used on front porches or in rear yards. Children's play equipment may only be erected and maintained in the rear yard in such placement as approved by the board of directors or the Covenant Committee.

(p) *PLEASE SEE ARCHITECTURAL GUIDELINES (Page 25) FOR FURTHER DETAILS. No equipment or machinery (including, without limitation, equipment or machinery for use in connection with the maintenance of any dwelling) shall be stored in the front, rear or side yard on any Lot.

(q) No garbage or trash containers shall be kept on the front or side yard of any Lot and garbage and trash containers kept or maintained in the rear yards of any Lots shall be screened from public view at all times.

(r) No Member shall make any private or exclusive or proprietary use of any of the Common area or Neighborhood Common Area except with the specific approval of the Covenant Committee or the Board of Directors and then only on a temporary basis, and or the Board of Directors and then only on a temporary basis, and no Member shall engage or direct any employee of the Conservancy on any private business of the Member during the hours such employee is employed by the Conservancy, nor shall any Member direct, supervise or in any manner attempt to assert control over any employee of the Conservancy.

(s) Any fence constructed upon the Property shall not extend forward of the rear building line of the dwelling on the Lot upon which any such fence is erected. No fence on a Lot containing a townhouse shall be more than six feet (6') in height and no fence on a Lot containing a single family detached dwelling shall be more than five (5) feet in height. Chain-link and other wire fencing is specifically prohibited; provided, however, that chicken wire or other fine wire fencing utilized in conjunction with split rail fences shall be permitted. No fence may be painted or stained in any manner except for neutral colored wood preservative.

(t) Bed sheets, plastic sheets, newspapers, or other similar window treatments shall not be hung or placed in or on any window on any dwelling located on any Lot.

(u) Children's play and similar equipment shall not be allowed to remain overnight within any front yard of any Lot or within the Common Area or Neighborhood Common Area.

(v) No drying or airing of any clothing, bedding or similar materials shall be permitted outdoors and within any Lot other than within rear yards and between the hours of 8 a.m. and 5 p.m. on Monday through Friday and 8 a.m. and 1 p.m. on Saturdays (except when any such days shall fall upon a holiday) and clothes-hanging devices such as lines, reels, poles, frames, etc., shall be stored out of sight other then during the times aforementioned.

(w) No sprinkler or irrigation systems of any type which draw upon water from creeks, streams, rivers, lakes, ponds, wetlands, canals, or other ground or surface waters within the Property shall be installed, constructed or operated within the Property. All sprinkler and irrigation systems shall be subject to approval in accordance with Article VIII of this Declaration. Private irrigation wells are prohibited on the Property. Provided, however, this Paragraph shall not apply to the Declarant, and it may not be amended without Declarant's written consent so long as Declarant has the right to add property in accordance with Article II, Section 2.02.

(x) Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No person other than Declarant may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains.

(y) No trees shall be removed, except for diseased or dead trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in accordance with Article VIII of this Declaration.

(z) Except as may be permitted by the Board of Directors or the Covenant Committee, no window air conditioning units may be installed in any dwelling.

(aa) No owner lessee, guest or occupant of a Multi-Family Lot may utilize any of the Common Area or facilities situated thereon except for hiker/biker trails or paths, jogging trails or paths and open green space. The use of any other facility by such persons is conditioned on payment of a user fee which may be established by the Board of Directors from time to time.

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