5.01 General. The Property is subject to the conditions, covenants, restrictions, reservations and easements hereby declared to ensure the best use and the most appropriate development and improvement of each Lot; to protect the Owners against such improper use of surrounding Lots as will depreciate the value of the Property; to preserve, so far as practicable, the natural beauty of the Property; to guard against the erection thereon of poorly designed or proportioned improvements and improvements built of improper or unsuitable materials; to ensure the best development of the property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to secure and maintain proper setback from streets and adequate free spaces between Structures; and in general, to provide adequately for proper drainage from each Lot onto adjacent Lots and Common Area.

5.02 Construction Requirements. Unless approval is otherwise granted by the Architectural Committee, the following construction requirements shall be complied with:

Exterior walls of all buildings, Structures and appurtenances thereto constructed on any Lot shall be of brick, stone, shingles, wood or vinyl siding, glass, glass blocks or any combination thereof All window frames shall be of wood or vinyl, except in basement windows. A single story family residence of dwelling, exclusive of basements, porches and garages, shall not be less than (1,000) square feet of floor area. A multiple story family residence or dwelling (including split-level, tri-level and quad-level homes) shall not be less than (1,400) square feet of floor area, exclusive of basements, porches, and garages. Each residence or dwelling shall, unless otherwise approved by the Architectural Committee, include a (concrete basement) which shall contain a floor area comprising at least eighty percent (80%) of the floor contained in the non-basement portions of such residence or dwelling, exclusive of porches and garages.

5.03 Rules and Regulations. Each Owner shall obey and comply with all applicable public laws, ordinances, rules and regulations, and all rules and regulations now or hereafter proclaimed, as provided for in this Declaration. No activity which may be or become a nuisance to the neighborhood shall be carried on upon the Property.

5.04 Damage to Common Area, Etc., Prohibited. No Owner shall do or allow to be done any act which causes or threatens to cause any damage, encroachment or disrepair to the Common Area or the residence or Lot of any other Owner.

5.05 Single-Family Residences; Fences; Entrance Treatments. No building shall be erected, altered, placed or permitted to remain on any building site subject to this Declaration, other than one new single-family residence for private use, with a private garage and other Structures incidental to residential use, which are approved by the Architectural Committee. It is intended that no prefabricated outbuildings will be permitted to be constructed on the Lot. No fence may be constructed or installed on a Lot, other than one made of wrought iron and/or wood. The fence must not exceed six feet in height and shall be of a style and type approved by the Architectural Committee. Wood fencing for Lake Lots is not to extend past the back edge of the deck or 12 feet past the back edge of the house, whichever is less. Fencing for Lake Lots must be built with the intent of not blocking views of the lake.

5.05a Dog Runs. The use of fencing other than wrought iron and/or wood for the construction of a dog run is prohibited. (Refer to sections 1.08 and 5.02).

5.06 No Excavations. No excavations, except such as are necessary for the construction of a residence or improvements, shall be permitted on any Lot without written permission of the Architectural Committee.

5.07 No Storage, Trash. No trash, ashes, dirt, rock, grass, or other yard refuse may be thrown or dumped on any Lot or building site. No building materials of any kind or character shall be placed or stored upon any building site more than thirty (30) days before the commencement of improvements, and then such materials shall be placed within the property lines of the building site upon which they are to be erected and shall not be placed in the street or between the curb and property line. Trash carts shall be placed by curb no sooner than the day before collection and removed from front of house day of collection.

5.08 No Businesses Allowed. The following home occupations are hereby approved: residential home building contractors; sales representatives; child care; hair dressers; and Realtors, so long as insubstantial traffic (that is, except in circumstances otherwise determined by the Board to be appropriate due to applicable parking limitations no more than four vehicles parked at the residence by visitors at any one time) is associated with such activities. All other home occupations or businesses require Architectural Committee Approval. No business sign allowed as stated in 5.12.

5.09 Temporary Buildings. Except as authorized by the Architectural Committee, no basement, tent, shack, garage, barn or outbuilding erected on a building site covered by this Declaration shall at any time be used for human habitation, temporarily or permanently, nor shall any Structure of a temporary character be used for human habitation.

5.10 Used House: Trailers. No used, secondhand or previously erected house or building of any kind can be moved or placed, either in sections or as a whole, upon the Property, nor shall any trailer be moved, placed or permitted to remain upon a building site subject to this Declaration.

5.11 Animals. No birds, animals or insects, except dogs, cats or other household pets, shall be kept or maintained on any Lot. Under no circumstances shall any commercial or agricultural business enterprise involving the use of animals be conducted on the Property without the express written consent of the Architectural Committee. The Architectural Committee may, from time to time, publish and impose reasonable regulations setting forth the type and number of animals that may be kept on any Lot.

5.12 Signs. Except as authorized by the Architectural Committee, and except for those installed by Association, no signs, advertisements, billboards or advertising Structures of any kind may be erected or maintained on any of the Lots; provided, however, that permission is hereby granted for the erection and maintenance of not more than one temporary, unlighted, un-animated signboard on each building site as sold and conveyed, which signboard shall not be more than ten (10) square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease the Lot and residence upon which it is erected and improvements thereon, if any. This does not include garage/yard sale signs, which must be removed immediately after sale.

5.13 Sight Lines. No fence, masonry wall, hedge or mass planting shall be permitted to extend beyond the minimum front building setback lines established on the Plat. No hedge, shrub, mass planting or tree shall be allowed by the Owner to obstruct sight lines at any corner. Trees, shrubs and other plants which die shall be promptly removed from the Property.

5.14 Antennas. Except as authorized by the Architectural Committee, there shall not be erected any external television or radio antennas or permanent clothesline structures, and no Owner shall erect any Structures, either permanent or temporary, upon any of the Common Area. Small satellite antenna will be allowed.

5.15 Trailers. Except as authorized by the Architectural Committee, no automobile, truck, semi tractor or trailer, motorcycle, motorbike, boat, horse trailer, boat trailer, or trailer or any other vehicle of any type or description may be Stored upon any of the Common Area, nor may any boat, boat trailer, horse trailer, semi tractor or trailer, camper, camper trailer or similar items be stored in the open on any Lot.

5.16 No Joyriding. Except as otherwise authorized by the Architectural Committee, motor scooters, minibikes, ATV’S, motorcycles, or similar vehicles shall be operated for transportation only, and no joyriding on the streets, any Lot or the Common Area shall be allowed except on a designated bike or cycle trail, if any. No motorized vehicles will be allowed on walkways.

5.17 Requirement to Keep Lot in Good Order and Repair. Each Owner shall keep all Lots owned by him, and all improvements therein or thereon, in good order and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management in relation to a quality residential neighborhood such as will exist in the Property. If, in the opinion of the Architectural Committee, any owner fails to perform the duties imposed by the preceding sentence, the Architectural Committee, after approval by a two-thirds decision, and after fifteen (15) days written notice to Owner to remedy the condition in question, shall have the right, through its agents and employees, to enter upon the Lot in question and to repair, maintain, repaint and restore the Lot or such improvements, and the cost thereof shall be a binding personal obligation of such Owner, and the Architectural Committee may establish a special assessment on such Lot for the cost thereof and enforce the same as provided in Article IV hereof.

5.18 Division of Lots Prohibited. Except as authorized by the Architectural Committee, no platted Lot or building site shall be divided into more than one building site for one dwelling.

5.19 Trees. Except as authorized by the Board, no tree having a diameter of six (6) inches or more (measured from a point two (2) feet above ground level) shall be removed from any Lot without the express written authorization of the Board, other than those which are diseased or materially damaged. The Association, in its discretion, may adopt and promulgate rules and regulations regarding the preservation of trees and other natural resources upon the Property. The Association may designate certain trees, regardless of size, as not removable without written authorization.

5.20 Requirement to Plant Lawn, Etc. As soon as practicable after completion of a dwelling on a Lot, the owner thereof shall plant a lawn and at least six (6) perennial shrubs and/or bushes and at least three (3) trees, of suitable size. Dead trees and shrubs must be removed promptly.

5.21 Drainage. Prior to commencement of construction of improvements, the Owner of each Lot shall cause such lot to be graded so as to strictly comply with drainage guidelines, standards and plans concerning water drainage from such Lot to other Lots and/or Common Area, as such guidelines, standards and plans are established prior to the commencement of such construction by the City of Wichita or the Architectural Committee. No stream or water drainage facilities, natural or erected, shall be disturbed. No fence shall be constructed that will impede the natural flow of water or be inconsistent with our lot drainage plan.

5.22 Boating. No boat, raft, canoe or surfboard shall be operated or Stored upon any body of water within the Common Area without the prior written approval of the Architectural Committee and, if such approval is granted, such operation or storage shall conform to all rules and regulations proclaimed for such use; provided, approval is hereby given for the use of non-motorized canoes, paddleboats, rowboats and sailboats that are acceptable, in the sole discretion of the Architectural Committee from time to time, in size, construction and appearance.

5.23 Boat Docks. No private docks, piers, moorings, boathouses, slips or similar structures may be erected on or adjacent to any Lot.

5.24 Fishing. Fishing in any body of water within the Common Area will be permitted at such times and at such places as may be determined by the Architectural Committee pursuant to rules and regulations proclaimed from time to time concerning such use. All fishing will be Catch and Release with no fish taken from the ponds. For the purpose of increasing fish population all hooks and lures shall have barbs filed off or removed.

5.25 Play Equipment. Children’s play yard equipment shall be confined to the rear yard. This includes but is not limited to swing sets, jungle gyms, play houses, trampolines, etc.

5.26 Occupancy of Single-Family Residences. No Single-Family Residences or Structure on any Lot shall be used or occupied by more than a single family, its servants and occasional guests. No Single-Family Residences or Structure shall be offered for rental, unless otherwise approved by the Board.

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