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ARTICLE X

Permitted and Prohibited Uses

Section 10.15.  Individual Water Systems
No individual water supply systems shall be permitted on any Lot.

Section 10.16.    Fuel Tanks and Above Ground Structures
No fuel tank shall be maintained on any Lot. In addition, no elevated tanks of any kind, shall be erected, placed, or permitted on any Lot; provided that nothing herein shall prevent the Developer or its assigns, from erecting, placing, or permitting the placing of tanks and water system apparatus on the Property. Any tanks used in connection with any Lot must be buried or walled sufficiently to conceal them from the view from neighboring areas, Lots or streets. All clotheslines, garbage cans, equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction.

Section 10.17.    Excavation
Except with the permission of the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made nor shall any dirt be removed from a Lot.

Section 10.18.    Natural Drainage
Except with the approval of the ACC, the natural drainage of any Lot shall not be changed.

Section 10.19.    Exterior Lighting
Exterior lighting of any sort which is visible from any street or from any other Lot in the Property shall not be installed without first obtaining the permission of the ACC.

Section 10.20.    Sight Distance at Intersection
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways 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 them at a point twenty-five (25) feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway.

Section 10.21.  Vehicle Parking
Adequate off-street parking for at least four cars shall be provided on each Lot. At a minimum, a two-car garage will be provided, plus a driveway for two additional cars. No vehicles shall be permitted to park on the roads within Sky Island for a period exceeding 24 hours without the prior written permission of the Association. No vehicle may be parked on any Lot, except on designated and approved driveways or parking areas, which areas shall be hard-surfaced. Any additional parking added after the initial landscaping shall be hard surfaces and constructed only in accordance with the site plan approved by the ACC. Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot.

If an Owner refuses to remove an illegal vehicle, the Board of Directors shall have the power to remove the vehicle at the Owner's expense.

Except with the approval of the Board of Directors, Owners at no time shall keep or permit to be kept on their Lot any house trailer, unattached camper, recreation vehicle (R.V.), mobile home, boat or boat trailer, unless the same is housed within a garage or fully screened from view. Such screening must be approved by the ACC. At no time shall Owners be permitted to keep tractor-trailers (or other large trucks) on their Lot or parked in the streets on the Property.

Section 10.22.    Repair of Vehicles or Equipment
No inoperable vehicles, motorcycles or other motorized apparatus shall be stored on a Lot or the streets within the Property. No mechanical repairs shall be conducted upon the Lot, except minor maintenance and mechanical work by a resident of the Property on said resident's private vehicle, provided that any such conduct be in a manner which is not offensive to persons residing in the neighborhood, is not unsightly, does not result in unusual noise or debris being placed upon the Lot and is in keeping with the residential development.

Section 10.23.    Vehicles in Disrepair
No Owner shall permit any vehicle which is in an extreme state of disrepair to be abandoned or to remain parked upon any Lot or on any street for a period in excess of forty-eight (48) hours. A vehicle shall be deemed to be in an "extreme state of disrepair" when in the opinion of the Board of Directors, its presence offends the occupants of the neighborhood. Should any Owner fail to remove such vehicle within five (5) days following the date on which notice is mailed to him or her by the Board of Directors, the Board of Directors may have the vehicle removed and charge the expense of such removal to the Owner in addition to the assessments made upon him or her, in accordance with Article V.

Section 10.24.    Utility Lines; Radio and Television Antennas
No overhead lines or wires for the transmission of electric current or television or telephone signals shall be constructed, placed or permitted to be placed outside of the buildings of a Lot, unless the lines and wires shall be underground or in conduit attached to a building. No exterior aerials, antennas or microwave receivers (satellite dishes) larger than one meter in diameter for television and other purposes shall be permitted to be installed on any Lot. Exterior aerials, antennas or microwave receivers (satellite dishes) one meter or smaller in diameter are permitted upon obtaining approval from the Architectural Control Committee; provided, however, that no such equipment shall be installed on the front of any building or in a location where it can be viewed from any street or other home.

Section 10.25.    Firearms
No firearms, including BB guns and the like, shall be discharged upon the Property.

Section 10.26.    Sewage Disposal Systems
No individual sewage disposal system shall be permitted on any Lot unless the system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of all governmental agencies having jurisdiction of such system.

Section 10.27.    Viewshed Clearing
Notwithstanding anything contained in this Declaration to the contrary, clearing within the areas of the Property that are designated as landslide and erosion hazard areas or landslide and erosion hazard buffers as shown on the face of the final plat map is restricted by Pierce County.
  (a)    The Lot Owner must obtain approval from Pierce County prior to any clearing or pruning within the landslide and erosion hazard area buffer and requires compliance with this viewshed clearing plan and these special notes.
  (b)    If the Lot Owner proposes to remove trees, then the stumps shall be left in place and replanting of new seedling trees may be required according to this viewshed clearing plan. The Lot Owner must provide Pierce County with a report prepared by a registered geotechnical engineer which concurs that the proposed viewshed clearing will not destabilize the landslide and erosion hazard critical area. Said report must provide recommendations as necessary that are to be followed by the Lot Owner to protect the slope stability.
  (c)    If the Lot Owner proposes to prune existing trees to enhance views, then Pierce County shall be provided with a report from a registered landscape architect, certified arborist, or professional forester which concurs that the pruning will not damage/destabilize the tree and make it susceptible to falling and thus destabilize the bank. Said report must provide recommendations, as necessary, that are to be followed by the Lot Owner that will protect the tree from being damaged/destabilized.
  (d)    If the Lot Owner proposes pruning or removal of a tree that is not within his/her lot, but is within a tract that is owned by the Homeowners' Association or property of an adjacent owner, then Pierce County shall be provided with a letter from the Homeowners' Association or property owner which allows permission to prune or remove the tree.
  (e)    Prior to approval of the viewshed clearing by the County, a financial guarantee in the amount of $750 must be submitted by the Lot Owner.
  (f)    The Lot Owner shall notify Pierce County of the date that pruning operations or removal of trees and replanting has been completed. A letter of certification is required from the geotechnical engineer (if applicable) and/or registered landscape architect, certified arborist, etc. (if applicable) verifying that the recommendations of their report(s) have been complied with. The financial guarantee will be released upon receipt of the letter(s) of certification.

Section 10.28.    Authority to Adopt Additional Rules and Restrictions
The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Property, provided such rules and restrictions are consistent with the purpose of this Declaration, and to establish penalties for violation of those rules and restrictions. Copies of adopted rules and restrictions, along with the established penalties shall be available to all Members upon request.


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