00SN0240-JUNE28.pdfREQUEST:
June 28, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0240
J. K. Timmons
Bermuda Magisterial District
East line of Branders Bridge Road
Rezoning from Agricultural (A) to Residential (R-15).
PROPOSED LAND USE:
A single family residential subdivision, with a minimum lot size of 15,000 square
feet, is planned. The applicant has proffered to limit development to a maximum of
450 lots yielding a density of approximately 1.7 units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 44.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The Southern and Western Area Plan suggests the request property is appropriate for
residential use of 2.51 to 4.0 units per acre. This request which proposes a density
of approximately 1.7 units per acre complies with the Plan.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proffered condkions adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations
and transportation facilities is identified in the County's adopted Public Facilities
Plan, FY 2000-2004 Capital Improvement Program and Thoroughfare Plan and the
impact of this development is discussed herein. The proffered conditions adequately
mitigate the impact on these capital facilities and thereby
ensure that adequate service levels are maintained as necessary to protect the health,
safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
1. A maximum of 450 residential lots shall be permitted. (P)
(STAFF/CPC) 2.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of building permit for
infrastructure improvements within the service district for the
property:
a. $6,200 per dwelling unit, if paid prior to July 1, 2000; or
The amount approved by the Board of Supervisors not to
exceed $6,200 per dwelling unit adjusted upward by any
increase in the Marshall and Swift Building cost Index
between July 1, 1999, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2000.
In the event the cash payment is not used for the purpose for which
proffered within 15 years of receipt, the cash shall be returned in full
to the payor. (B&M)
(STAFF/CPC) 3.
Prior to any tentative subdivision approval, a revised centerline, based
on VDOT urban minor arterial standards (50 mph) with modification
approved by the Transportation Depamnent, for Branders Bridge
Road shall be submitted to, and approved by, the Transportation
Department. In conjunction with recordation of the first subdivision
plat, forty-five (45) feet of right of way on the east side of Branders
Bridge Road measured from the approved revised centerline of that
2 00SN0240/WP/JUNE28M
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
part of Branders Bridge Road, immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
Direct access to Branders Bridge Road shall be limited to three (3)
accesses. These accesses shall generally be located: 1) towards the
northern property line; 2) midway of the Branders Bridge Road
frontage; and 3) towards the southern property line. The exact
location of these accesses shall be approved by the Transportation
Depamnent. (T)
To provide an adequate roadway system, the developer shall be
responsible for the following:
a)
Construction of addkional pavement along Branders Bridge
Road at each approved access to provide left and right turn
lanes, based on Transportation Department standards;
b)
Relocation of the ditch to provide an adequate shoulder along
the east side of Branders Bridge Road for the entire property
frontage; and
c)
Dedication to Chesterfield County, free and unrestricted, any
additional right of way (or easements) required for the
improvements identified above. (T)
Prior to any road and drainage plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 5,
shall be submitted to and approved by the Transportation Depamnent.
(T)
Except for timbering approved by the Virginia State Depamnent of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timber'mg on the Property until a land disturbance permit
has been obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
The foundations of all dwelling units shall be faced with brick. (P
and BI)
A maximum of fifty (50) single family building permits shall be
issued per year until January 1, 2005. (P)
There shall be no road connections or individual lot access to Cedar
Cliff or Twin Cedars Subdivisions. (P and T)
3 00SN0240/WP/JUNE28M
(STAFF/CPC)
11.
All dwelling units shall have a minimum gross floor area of 2,000
square feet. Gross floor area shall be def'med as the sum of the
horizontal area of all floors of a building measured from the exterior
faces of the exterior walls, but not including outside storage areas,
attached garages or carports, and enclosed porches. (BI)
(STAFF/CPC)
12.
A twenty-five (25) foot area adjacent to Cedar Cliff, Twin Cedars and
Hillspring Subdivisions shall be deeded to the Stoney Glen
Community Associations, Inc. The deeding of this property shall
occur prior to, or in conjunction with, the recordation of any sections
which abut this twenty-five (25) foot area. (P)
(STAFF/CPC)
13. This development shall not be named Stoney Glen West. (P)
(STAFF/CPC) 14.
At a minimum, the following restrictive covenants shall be recorded
prior to, or in conjunction with, the recordation of a subdivision plat,
provided, however, that references to "Stoney Glen West" shall be
modified to reference the subject property and may be modified to
reference the then current developer/owner of the subject property.
(P)
WITNESSETH;
WHEREAS, the Developer is the owner of the real property described in Article II of this
Declaration and desires to create thereon a planned development residential community to be known
as "Stoney Glen West";
WHEREAS, the Developer desires to provide for the preservation of values and for the
maintenance of common facilities and services and for a vehicle for the administration and
enforcement of covenants and restrictions;
WHEREAS, the Developer has caused the Association to be incorporated under the laws of
the Commonwealth of Virginia for the purpose of exercising the functions aforesaid, and which are
hereinafter more fully set forth;
NOW THEREFORE, the Developer declares that the real property described in Article II,
and such additions thereto as may hereinafter be made pursuant to Article II hereof, is and shall be
held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants,
restrictions, conditions, easements, charges, assessments ("Assessments"), affmnative obligations,
and liens (all hereinafter sometimes referred to as ("Covenants") hereinafter set forth.
ARTICLE I
DEFINITIONS
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When used in this Declaration or any supplemental declaration (unless the context shall
clearly indicate otherwise) the following words and terms shall have the following meanings:
(a) "Association" shall mean and refer to Stoney Glen West Association, Inc., a Virginia
non-profit, non-stock corporation, its successors and assigns.
(b) "Stoney Glen West" shall mean and refer to the lands in Chesterfield County,
Virginia, which are shown as a part of Stoney Glen West on the Developer's Master Plan as revised
from time to time.
(c) "Developer" shall mean Stoney Glen West Limited Partnership, a Virginia Limited
Partnership, its successors and assigns.
(d) The "Properties" shall mean and refer to the Existing Property described in Article
II hereof, and additions thereto
as are subjected to this Declaration or any Supplementary Declaration under the provisions of
Article II hereof.
(e) "Residential Lot" shall mean any subdivided parcel of land located within the
Properties which parcel is intended for use as a ske for a Single Family Detached Dwelling as shown
upon any recorded final subdivision map of any part of the Properties. No parcel shall, however, be
classified as a Residential Lot for the purpose of calculating votes or assessments, nor placed upon
the Registration List, until the first day of the quarter of the year following (I) the date of recording
of the Plat in the Clerk's Office of the Circuk Court of Chesterfield County, Virginia ("Clerk's
Office"), showing such lot, and (ii) the date of placement of such lot on the Developer's inventory
list of lots available for sale to purchasers.
(f) "Registration List" shall mean and refer to the official index prepared by the
Association of all Residential Lots wkhin the Properties. The Developer shall submit to the
Association a listing of any parcel or parcels of land which shall become eligible to be added to the
Registration List no later than one (1) day prior to the commencement of the quarter of the year
during which said parcel or parcels of land shall be classified as a Residential Lot.
(g) "Family Dwelling Unit" shall mean and refer to any Single Family Detached Dwelling
constructed upon any Residential Lot located within the Properties.
(h) "Owner" shall mean and refer to the Owner as shown by the real estate records in the
Clerk's Office, whether it be one (1) or more persons, £Lrms, associations, corporations, or other legal
entities, of fee simple title to any Residential Lot or parcel of land situated upon the Properties but,
notwithstanding any applicable theory of a deed of trust, shall not mean or refer to the mortgagee or
holder of a deed of trust, its successors or assigns, unless and until such mortgagee or holder of a
deed of trust has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure;
nor shall the term "Owner" mean or refer to any lessee or Tenant of an Owner. In the event that there
is recorded in the Clerk's Office a long-term contract of sale covering any Lot or parcel of land
within the Properties, the Owner of such Residential Lot or parcel of land shall be the Purchaser
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under said contract and not the fee simple title holder. A long-term contract of sale shall be one
where the Purchaser is required to make payments for the Property for a period extending beyond
nine (9) months from the date of the contract and where the Purchaser does not receive title to the
Property until all such payments are made, although the Purchaser is given the use of said Property.
(i) "Tenant" shall mean and refer to the lessee under a written agreement for the rent and
hire of a Family Dwelling Unit in Stoney Glen West.
(j) "Member" shall mean and refer to all those Owners who are Members of the
Association as de£med in Section 1 of Article III.
(k) "Master Plan" shall mean and refer to the drawing which represents the conceptual
plan for the future development of Stoney Glen West. Since the concept of the future development
of Stoney Glen West is subject to continuing revision and change by the Developer, present and
future references to the "Master Plan" shall be references to the latest revision thereof.
(1) "Intended for Use" shall mean the use intended for various parcels within the
Properties as shown on the Master Plan or the use to which any particular parcel of land is restricted
by covenants expressly set forth or incorporated by reference in deeds by which the Developer has
conveyed the property.
(m) "Common Properties" shall mean and refer to those tracts of land wkh any
improvements thereon which are deeded or leased to the Association and designated in said deed or
lease as "Common Properties" and any personal property acquked or leased by the Association if
said property is designated a "Common Property". All Common Properties am to be devoted to anti
intended for the common use and enjoyment of the Members of the Association, their guests,
Tenants (to the extent permitted by the Board of Dkectors of the Association), and visking members
of the general public (to the extent permitted by the Board of Directors of the Association) subject
to the fee schedules and operating rules adopted by the Association, provided, however, that any
lands or personal property which are leased by the Association for use as Common Properties shall
lose thek character as Common Properties upon expiration of such lease.
(n) "Intended Common Property" shall mean and refer to those tracts of land and any
improvements thereon commkted to the Association through express, written notification by the
Developer to the Association of intent to convey said property to the Association as a Common
Property.
(o) "Referendum" shall mean and refer to the power of all or some specific portion of the
Members to vote by mailed ballots on certain actions by the Board of Dkectors of the Association
more particularly set forth herein. In the event fifty-one (51%) percent of the votes actually returned
to the Association within the specified time shall be in favor of such action, the Referendum shall
be deemed to "pass" and the action voted upon will be deemed to have been authorized by the
Members, provided, however, that if a higher percentage required to "pass" shall be specifically
expressed herein, that higher percentage shall control in that instance.
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(p) "Clerk's Office" shall mean and refer to the office of the Clerk of the Circuit Court
of Chesterfield County, Virginia.
ARTICLE II
EXISTING PROPERTY AND ADDITIONS
Section 1. Existing Property. The real property which is and shall be held,
transferred, sold, conveyed, given, donated, leased, occupied, and used subject to these Covenants
is described as follows:
All that tract or parcel of land, situate, lying and being in Chesterfield County, Virginia,
which is more particularly described in Exhibit "A" attached hereto and by specific reference made
a part hereof.
All of the real property hereinabove described shall sometimes be referred to herein as the
"Existing Property". The Developer intends to develop the Existing Property in accordance with a
Master Plan placed on display in certain model homes and other areas. The Developer reserves the
right to review and modify the Master Plan at its sole option from time to time based upon its
continuing research and design program. The Master Plan shall not bind the Developer to adhere
to the Master Plan in the development of the land shown thereon. Subject to its right to modify the
Master Plan as stated herein, the Developer shall convey to the Association certain properties
designated for such conveyance in Article IV, Section 4 of this Declaration, and, in addition, may
at its option convey to the Association as provided in Article IV such of those parcels of land
designated on the Master Plan as properties which may be transferred to the Association, as, in the
reasonable exercise of its discretion, it so chooses without regard to the relative location of such
portions or sections within the overall Plan. Once conveyed to the Association, these properties shall
become Common Properties. The Developer shall not be required to follow any predetermined
sequence or order of improvements and development and may bring within the plan of these
covenants additional lands, and develop the same before completing the development of the Existing
Property. Other than as stated in this paragraph, the Developer shall have full power to add to,
subtract from, or make changes in the Master Plan regardless of the fact that such actions may alter
the relative maximum potential voting strength of the various types of membership of the
Association.
Section 2. Additions to Existing Property.
to this Declaration in the following manner:
Additional lands may become subject
(a) Additions. During the period of development, which shall by de£mition
extend from the date hereof to January 1, 1999, the Developer shall have the right, without further
consent of the Association, to bring within the Plan and operation of this Declaration, additional
acreage adjacent to or near Stoney Glen West owned or acquired by the Developer dur'mg the period
of development. Such property may be subjected to this Declaration as one parcel or as several
smaller parcels at one time or at different times. The additions of such property authorized under
this paragraph may increase the cumulative maximum number of Residential Lots authorized in the
7 00SN0240/WP/JUNE28M
Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, and, therefore, may alter
the relative maximum potential voting strength of the various types of membership of the
Association.
The additions authorized under this and the succeeding subsection shall be made by
recording a Supplementary Declaration of Covenants and Restriction with respect to the additional
property which shall extend the operation and effect of the Covenants to such additional property.
The Supplementary Declaration may contain such complementary additions and/or modifications
of the Covenants as may be necessary or convenient, in the sole judgment of the Developer, to reflect
the different character, if any, of the added properties and as am not inconsistent with the plan of this
Declaration, but such modifications shall have no effect upon the Property described in Section 1,
Article II above, or upon any other prior additions to the Properties.
(b) Other Additions. Upon approval in writing of the Association pursuant
to a simple majority of the vote of those present at a duly called meeting, the owner of any property
who desires to add such property to the plan and operation of this Declaration and to subject it to the
jurisdiction of the Association shall record a Supplementary Declaration of Covenants and
Restrictions with respect to the additional property which shall extend the operation and effect of
these Covenants to such additional property. The additions of such property authorized under this
subparagraph may increase the cumulative maximum number of Residential Lots authorized in the
Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, and, therefore, may alter
the relative maximum potential voting strength of the various types of membership of the
Association.
The Supplementary Declaration may contain such complementary additions and/or
modifications of the Covenants as may be necessary or convenient, in the judgment of the
Association, to reflect the different character, if any, of the added properties and as are not
inconsistent with the plan of this Declaration, but such modifications shall have no effect upon the
Property described in Section 1, Article II above, or upon any other prior additions to the Properties.
(c) Mergers. Upon merger or consolidation of the Association with another
association, as provided for in the By-Laws of the Association, its property, rights and obligations
may, by operation of law, be transferred to another surviving or consolidated association, or in the
alternative, the properties, rights and obligations of another association may, by operation of law,
be added to the properties, rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving or consolidated association may administer the Existing
Property, together with the covenants established upon any other properties, as one plan. No merger
or consolidation shall effect any revocation, change, or addition to the Covenants within the Existing
Property, including, without limitation, the maximum limits on Assessments and dues of the
Association, or any other matter substantially affecting the interests of Members of the Association.
(d) Additional lands which become subject this Declaration under the provisions
of this Section II may in the future be referred to as a part of Stoney Glen West. Also, the name
Stoney Glen West may be used by the Developer to refer to other nearby properties not subject to
this Declaration.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. The Developer, every Owner, and any creditor who acquires
title to the Properties or any portion thereof pursuant to foreclosure or any other proceeding or deed
in lieu of foreclosure shall be Members of the Association. The Association may issue to each
Member a membership card which shall expire upon sale by an Owner of his property in Stoney
Glen West. Tenants shall not be Members of the Association. Every Owner shall be required to
submit the name(s) of his Tenant(s) and the duration of their tenancy to the Secretary of the
Association.
Section 2.
membership:
Voting Rights. The Association shall have the following types of
TYPE "A": Type "A" Members shall be all Owners, including the Developer, of
Residential Lots, and shall be entitled to one (1) vote for each Residential Lot which a Member
owns.
TYPE "B": The Type "B" Member shall be the Developer, which shall be entkled to elect
a portion of the Board of Dkectors as set out in Section 4 of this Article III.
Payment of Special Assessments shall not entkle Type "A" Members to addkional votes.
When any Property entkling the Owner to membership as a Type "A" Member of the
Association is owned of record in the name of two (2) or more persons or entkies, whether
fiduciaries, joint tenants, tenants in common, tenants in partnership or in any other manner of joint
or common ownership, or if two (2) or more persons or entkies have the same fiduciary relationship
respecting the same Property, then unless the instrument or order appointing them or creating the
tenancy otherwise directs and k or a copy thereof is filed with the Secretary of the Association, their
acts wkh respect to voting shall have the following effect:
(1) if only one (1) votes, in person or by proxy, his act shall bind all;
(2) if more than one (1) vote, in person or by proxy, each fraction shall be entkled
to ks proportionate share of the vote or votes.
The principles of this paragraph shall apply, insofar as possible, to execution of proxies, waivers,
consents or objections, and for the purpose of ascertaining the presence of a quorum.
Section 3. Governance. The Association shall be governed by a Board of Directors
consisting of three (3), five (5), seven (7), or nine (9) Members. The number and term of such
Directors is to be determined in accordance with the provisions of the Articles of Incorporation of
the Association. Except as may be otherwise provided in the Articles of Incorporation, there shall
be two (2) classes of Directors: Class I Directors, who shall be elected by the Type "A" Members,
9 00SN0240/WP/JUNE28M
and Class II Directors, who shall be elected by the Type "B" Member. The Board of Directors shall
have the power to provide for staggered election of the Class I Directors in accordance with the
provisions of the Articles of Incorporation.
Section 4. Election of The Board of Directors. (a) Each Type "A" Member may cast the
total number of votes to which he is entitled for each vacancy to be filled by a Class I Director.
Cumulative voting shall not be allowed.
(b) The Type "A" Members shall elect the Class I Director(s), and the Type "B"
Member shall elect the Class II Director(s) according to the following formula:
(1)
At any time that the total number of Residential Lots placed on the
Registration List of the Association is less than eighty (80%) percent of the
maximum number of Residential Lots authorized in the Properties by the
Zoning Ordinance of the County of Chesterfield, Virginia, the majority of the
Board of Directors (fifty-one (51%) percent of the total number of Directors,
rounded to the nearest whole number) shall be the Class II Directors and shall
be elected by the Type "B" Member. The remaining Directors shall be the
Class I Director(s) and shall be elected by the Type "A" Members.
(2)
At any time that the total number of Residential Lots placed on the
Registration List of the Association is equal to or greater than eighty (80%)
percent of the maximum number of Residential Lots authorized in the
Properties by the Zoning Ordinance of the County of Chesterfield, Virginia,
the majority of the Board of Directors (fifty-one (51%) percent of the total
number of Directors, rounded to the nearest whole number) shall be the Class
I Directors and shall be elected by the Type "A" Members. The remaining
Directors shall be the Class II Director(s) and shall be elected by the Type
"B" Member.
(3)
For the purposes of this formula, the total number of Residential Lots placed
on the Registration List of the Association and the maximum number of
Residential Lots authorized in the Properties shall be determined by the
Board of Directors as of the date on which notice of the meeting of the
Members at which the Board of Directors is to be elected is mailed.
Section 5. Members to Have Power of Referendum in Certain Instances. Where
specifically provided for herein, the Members, or some specific portion thereof, shall have the power
to approve or reject certain actions proposed to be taken by the Association by Referendum. In the
event fifty-one (51%) percent or more of the votes actually returned to the Association within the
specified time shall be in favor of such action, the Referendum shall be deemed to "pass" and the
action voted upon will be deemed to have been authorized by the Members; provided, however, that
if a higher percentage vote required to "pass" shall be specifically expressed herein, that higher
percentage shall control in that instance. The Board of Directors may not undertake any action
requir'mg a Referendum without complying with the provisions hereof. At any time that the Type
10 00SN0240/WP/JUNE28M
"A" Members have the ability to elect a majority of the Board of Directors, the Members may require
a Referendum on any action of the Board of Directors by presenting to the Secretary of the Board
within thirty (30) days of the taking of such action or ratification by the Board of its intent to take
such action a petition signed by not less than forty (40%) percent of the Members.
Section 6. Quorum Required for Any Action Authorized at Regular or Special Meetings
of the Association. The quorum required for any action which is subject to a vote of the Members
at an open meeting of the Association (as distinguished from the Referendum) shall be as follows:
(a) The first time a meeting of the Members of the Association is called to vote
on (i) an increase in the Maximum Regular Annual Assessment greater than that provided for by
subparagraph (e) of Section 3 of Article V hereof, (ii) a Special Assessment as provided for by
Section 4 of Article V hereof, (iii) the gift or sale of any parcel of land and improvements thereon
designated as a Common Property as provided for by subparagraph (f) of Section 3 of Article 1V
hereof, (iv) an amendment to this Declaration as provided for by Section 2 of Article VIII hereof,
or (v) the termination of this Declaration as provided for by Section 1 of Article VIII hereof, the
presence at the meeting of Members or proxies entitled to cast sixty (60%) percent of the total vote
of the Membership required for such action shall constitute a quorum.
(b) The first time a meeting of the Members of the Association is called to vote
on any action proposed to be taken by the Association, other than that described in subparagraph (a)
above, the presence at the meeting of Members or proxies entitled to cast thirty (30%) percent of the
total vote of the Membership required for such action shall constitute a quorum.
If the required quorum is not present at any meeting described in subparagraphs (a)
or (b) above, with the exception of any meeting called to vote on the termination of this Declaration
described in subparagraph (a(v)) above, another meeting or meetings may be called subject to the
giving of proper notice and the required quorum at such subsequent meeting or meetings shall be
one-half(½) of the required quorum at the preceding meeting.
Unless otherwise provided, any reference hereafter to "votes cast at a duly called
meeting" shall be construed to be subject to the quorum requirements established by this Article III,
Section 6, and any other requirements for such "duly called meeting" which may be established by
the By-Laws of the Association. For the purpose of this section, "proper notice" shall be deemed to
be given when given each Member not less than thirty (30) days prior to the date of the meeting at
which any proposed action is to be considered.
Section 7. Proxies. All Members of the Association may vote and transact business
at any meeting of the Association by proxy authorized in writing, provided, however, that Proxies
shall not be required for any action which is subject to a Referendum, in which case the votes of all
the Members polled shall be made by specifically provided ballots mailed or delivered to the
Association.
Section 8. Ballots by Mail. When required by the Board of Directors, there shall
be sent with notices of regular or special meetings of the Association a statement of certain motions
to be introduced for vote of the Members and a ballot on which each Member may vote for or against
11 00SN0240/WP/JUNE28M
each such motion. Each ballot which is presented at such meeting shall be counted in calculating
the quorum requirements set out in Section 6 of this Article III, provided, however, such ballots shall
not be counted in determining whether a quorum is present to vote upon motions not appearing on
the ballot.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of Enjoyment in Common Properties. Subject to the
provisions of these Covenants, the rules and regulations of the Association, and any fees or charges
established by the Association, every Type "A" and "B" Member, and every guest of such Type "A"
and "B" Member, shall have a right of easement of enjoyment in and to the Common Properties, and
such easement shall be appurtenant to and shall pass with the title of every Residential Lot.
Employees of the Type "B" Member shall have access to and enjoyment of the Common
Properties subject to rules and regulations and user fees established by the Board of Directors.
A Member's spouse, parents, and children who reside with such Member in Stoney Glen
West shall have the same easement of enjoyment hereunder as a Member.
In those instances where a Residential Lot in Stoney Glen West is owned by two (2) or more
persons (who do not have the relationship of spouse, parent, or child, one to the other) or by a
corporation, such joint Owners and corporations shall annually appoint one (1) person as the
"Primary Member." Such Primary Member shall have the same easement of enjoyment in the
Common Properties as Members who own such property singularly. The remaining joint members
and the principal officers of such corporation shall be entitled to an easement of enjoyment in the
Common Properties by:
(1) Paying the same user fees as guest of Members, or
(2) By paying to the Association annually an amount equal to the Annual
Assessment charged against the property in which he or she owns a fractional interest. The payment
of such amount shall not entitle such remaining joint members or principal officers to additional
votes in the Association.
The Board of Directors may grant certain Tenants and guests access to and enjoyment of the
Common Properties subject to rules and regulations and user fees established by the Board of
Directors.
Section 2. Title to Common Properties. (a) The Developer covenants that it shall
convey by deed to the Association, at no cost to the Association, and subject to (i) all restrictions and
limitations imposed by the Declaration of Rights, Restrictions, Af£mnative Obligations and
Conditions Applicable to All Property in Stoney Glen West ("General Property Covenants") recorded
simultaneously herewith, including, without limitation, all rights of easement and rights of entry
12 00SN0240/WP/JUNE28M
reserved unto the Developer, its successors and assigns in said Declaration, (ii) all other restrictions
and limitations of record at the time of conveyance, (iii) any restrictions, limitations, conditions, or
determinations as to the purposes and uses of the conveyed properties as stipulated in said deed, (iv)
any commitments by the Developer to construct certain improvements thereon as stipulated in said
deed, those intended Common Properties described in Section 4 of this Article IV hereof, and any
other parcels of land and any improvements thereon now or hereafter designated as Intended
Common Properties, and, upon such conveyance, such parcels of land and any improvements thereon
shall become Common Properties.
(b) The Association shall not object to the designation by the Developer of any parcel of land
or any improvements thereon as an Intended Common Property and shall not refuse to accept any
Intended Common Property as a Common Property at such time as the Developer, in its sole and
uncontrolled discretion, deems it advisable to convey such property to the Association.
(c) Upon designation by the Developer of any parcel of land and any improvements
thereon as an Intended Common Property, or upon conveyance of any parcel of land and any
improvements thereon as a Common Property by the Developer, the Association shall immediately
become responsible for all maintenance and operation of said property, and for such additional
construction of improvements thereon as may be authorized by the Association's Board of Directors,
subject to the General Property Covenants. It is the purpose of this provision to provide that the
Association shall be responsible for all maintenance and operation of all Common Properties and
Intended Common Properties, notwithstanding the fact that (i) the Developer shall convey such
Intended Common Properties to the Association until such time as the Developer, in its sole and
uncontrolled discretion deems it advisable to do so, subject to the provisions of Section 4 of this
Article IV, and (ii) the Developer may elect in its sole and uncontrolled discretion to operate certain
facilkies within Intended Common Properties until such time as said facilkies are actually conveyed
to the Association.
(d) Notwithstanding anything in the foregoing to the contrary, the Developer hereby reserves
the right to enter upon any Intended Common Property or Common Property for the purposes of
constructing indoor and outdoor community facilities thereon, including, but not limited to,
basketball courts, playgrounds, ball fields, gazebos, picnic shelters, picnic tables, parks, walking
trails and bike trails. The provisions of this paragraph shall in no way create any obligation on the
part of the Developer to construct any such facilities on said properties.
(e) Natural areas, trail areas, etc. may be designated from time to time as Intended Common
Properties, and shall be conveyed in large or small parcels from time to time after the Developer has
completed surveying and platting all adjacent subdivisions for Residential Lots which may abut such
natural areas, trail areas, etc.
(f) The Developer shall not be required to convey the above referred to parcels where such
conveyance would be prohibited under agreements existing on the date hereof, but, in such case,
shall be allowed to postpone such conveyance, without penalty, until such time a said prohibition
may be nullified.
13 00SN0240/WP/JUNE28M
Section 3. Extent of Members' Easements. The rights and easements of enjoyment
created hereby shall be subject to the following:
(a) the right of the Association, in accordance with its By-Laws, to borrow money from the
Developer or any lender to improve and/or maintain the Common Properties and provide services
authorized herein and in aid thereof to mortgage said Properties provided, however, that any such
mortgage is with the prior consent of two-thirds of the Members of the Association, which consent
may be evidenced by petition or by an af£mnative vote at a duly called meeting of the Association;
(b) the right of the Association to take such steps as are reasonably necessary to protect
the above-described Properties against foreclosures;
(c) the right of the Association to suspend the rights and easements of enjoyment of any
Member or Tenant or guest of any Member for any period during which the payment of any
Assessment against property owned by such Member remains delinquent, and for any period not to
exceed sixty (60) days for any infraction of its published rules and regulations, it being understood
that any suspension for either non-payment of any Assessment or a breach of the rules and
regulations of the Association shall not constitute a waiver or discharge of the Member's obligations
to pay the Assessment;
(d) the right of the Association to charge reasonable admission and other fees for the use of
recreational facilities and services of the Common Properties;
(e) the right of the Developer or the Association by its Board of Directors to dedicate or
transfer to any public or private utility drainage or utility easements on any part of the Common
Properties;
(f) the right of the Association to give or sell all or any part of the Common Properties,
including lease-hold interests, subject to (i) the Zoning Ordinance of County of Chesterfield,
Virginia, (ii) the limitations and restrictions imposed by the General Property Covenants, and (iii)
all other restrictions and limitations of record at the time of conveyance, to any public agency,
authority, public service district, utility, or private concern for such purposes and subject to such
conditions as may be agreed to by the Members, provided, however, that no such gift or sale of any
parcel of land and improvements thereon, or determination as to the purposes or as to the conditions
thereof, shall be effective unless such dedication, transfers, and determinations as to purposes and
conditions shall be authorized by the af£mnative vote of three-fourths (3/4) of the votes cast at a duly
called meeting of the Association, subject to the quorum requirements established by Article III,
Section 6(a), and unless written notice of the meeting and of the proposed agreement and action
thereunder is sent to every Member of the Association at least thirty (30) days prior to such meeting.
A tree copy of such resolution together with a certificate of the results of the vote taken thereon shall
be made and acknowledged by the President or Vice President and Secretary or Assistant Secretary
of the Association and such certification shall be annexed to any insmunent of dedication or transfer
of any parcel of land and improvements thereon affecting the Common Properties prior to the
recording thereof. Such certificates shall be conclusive evidence of authorization by the Members.
14 00SN0240/WP/JUNE28M
The gift or sale of any personal property owned by the Association shall be determined by the Board
of Directors in its sole and uncontrolled discretion; and
(h) the rights of reversion of the Lessor of any Common Properties leased by the
Association.
Section 4. The Developer hereby covenants that, prior to January 1, 1999, it shall convey
by deed to the Association, at no cost to the Association, and subject to all the restrictions and
limitations of these Covenants and any other restrictions and limitations of record, any parcel of land
and any improvements thereon designated from the date hereof until January 1, 1999, as an Intended
Common Property through express, written notification by the Developer to the Association of intent
to convey said property to the Association.
15 00SN0240/WP/JUNE28M
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer
covenants, and each Owner of any Residential Lot located within the Properties, whether or not it
shall be so expressed in any deed or other conveyance, shall be deemed to covenant and agree to all
the terms and provisions of this Declaration and to pay to the Association: (a) Annual Assessments
or charges; and (b) Special Assessments or charges for the purposes set forth in this Article, such
Assessments to be fixed, established and collected from time to time as hereinafter provided. The
Annual and Special Assessments, together with such interest thereon and costs of collection thereof
including a reasonable attorney's fee as hereinafter provided, shall be a charge and continuing lien
onthe real property and improvements thereon against which each such Assessment is made. Each
such Assessment, together with such interest thereon and cost of collection thereof including a
reasonable attorney's fee as hereinafter provided, shall also be the personal obligation of the person
who was the Owner of such real property at the time when the Assessment first became due and
payable. In the case of co-ownership of a Residential Lot, all co-Owners shall be jointly and
severally liable for the entire amount of the Assessment.
Section 2. Purpose of Assessments. The Annual Assessments shall be used exclusively for
the improvement, maintenance, enhancement, enlargement, and operation of the Common Properties
and Intended Common Properties, and to provide services which the Association is authorized to
provide.
Section 3. Application of "Maximum" Assessment. The Maximum Regular Annual
Assessment, as set forth in subparagraph (a) hereinbelow, and as is automatically increased annually
by an inflation adjuster pursuant to the provisions of subparagraph (3) below, shall be levied by the
Association. If, however, the Board of Directors of the Association, by majority vote, determines
that the important and essential functions of the Association may be properly funded by an
Assessment less than the Maximum Regular Annual Assessment, it may levy such lesser
Assessment; provided, however, so long as the Developer is engaged in the development of
Properties which are subject to the terms of this Declaration, the Association may not reduce
Assessments below those set out in Section 3(a) immediately below without the written consent of
the Developer. The levy of an Assessment less than the Maximum Regular Annual Assessment in
one (1) year shall not affect the Board's right to levy an Annual Assessment equal to the Maximum
Regular Annual Assessment in subsequent years.
If the Board of Directors shall levy less than the Maximum Regular Annual Assessment for
any Assessment year, such Annual Assessment shall automatically be greater than the Annual
Assessment levied for the previous Assessment year by a percentage equal to the inflation adjuster
set out in subparagraph (e) below; provided, however, that the Board of Directors may, by majority
vote, levy a greater or lesser Assessment if it shall determine that the important and essential
functions of the Association will be properly funded by such greater or lesser Assessment.
16 00SN0240/WP/JUNE28M
If the Board of Directors shall levy less than the Maximum Regular Annual Assessment for
any Assessment year and thereafter, dur'mg such Assessment year, determine that the important and
essential function of the Association cannot be funded by such lesser Assessment, the Board may,
by majority vote, levy a Supplement Assessment. In no event shall the sum of the initial and
Supplemental Annual Assessments for that year exceed the applicable Maximum Regular Annual
Assessment.
If the Board of the Association determines that the important and essential functions of the
Association will not be properly funded in any one (1) year, or in any one (1) year and all subsequent
years, without an increase in the Maximum Regular Annual Assessment, k may request approval of
a specified increase in the Maximum Regular Annual Assessment for either one (1) year only, or for
that one (1) year and all subsequent years, by the vote of the Members at a duly called meeting of
the Association, subject to the quorum requirements established by Article III, Section 6(a). Should
the Members vote in favor of such proposed increase, k shall be deemed approved and may be levied
by the Board. An increase in the Maximum Regular Annual Assessment for one (1) year only
pursuant to the provisions hereof shall in no way affect the Maximum Regular Annual Assessment
for subsequent years or increases thereof in subsequent years.
(a) From and after January 1, 1988, the Maximum Regular Annual Assessment shall be
one hundred twenty ($120.00) dollars per Residential Lot, automatically increased each year
thereafter by the inflation adjuster set forth in Section 3(e) of this Article.
(b) Property shall not be classified for purposes of these Covenants and these Annual
Assessments as a Residential Lot until the first day of the quarter of the year following (i) the date
of recording of the Plat in the Clerk's Office showing such lot, and (ii) the date of placement of such
lot on the Developer's inventory list of lots available for sale to purchasers;
(c) Assessments shall be billed on such basis as may be determined by the Board of
Directors. The billing schedule shall be the same for all Properties. All Assessment bills shall be
due and payable ninety (90), thirty (30), or fifteen (15) days from the date of mailing of same as
determined by the Board of Directors, provided, however, that if the Board of Directors elects to
utilize a Billing Agent, the Billing Agent shall set the date on which Assessment bills shall be due
and payable.
(d) The Board of Directors may authorize a Billing Agent to collect the Assessments.
If the Board of Directors elects to sue a bank card or credk card service as such Billing Agent, the
Board of Directors shall have the power to authorize the opening of a credk card account in the name
of each Owner and the issuance of a credk card to each Owner for the payment of Assessments,
subject to approval of the credk card service, and each such Owner shall be required to utilize the
approved credk card account for payment of Assessments.
(e) From and after January 1, 1992, the Maximum Regular Annual Assessment shall be
automatically increased each year by the percentage increase between fkst and last months of the
thirteen (13) month period terminating at the end of the third (3rd) quarter of the previous year in the
Consumer Price Index, U.S. Cky Average, All Items (1967-100) CC.P.I.") issued by the U.S. Bureau
17 00SN0240/WP/JUNE28M
of Labor Statistics in its monthly report entitled "The Consumer Price Index, U.S. City Average and
Selected Areas". If the C.P.I. is discontinued, then there shall be used the most similar index
published by the United States Government that may be procured indicating changes in the cost of
living.
Section 4. Special Assessments for Improvements and Additions. In addition to the
Maximum Regular Annual Assessments authorized by Section 3 hereof, the Association may levy
Special Assessments for the following purposes:
(a) construction, reconstruction, repair, or replacement of capital improvements upon the
Common Properties or Intended Common Properties, including the necessary fixtures and personal
property related thereto:
(b) additions to the Common Properties;
(c) to provide necessary facilkies and equipment to offer the services authorized herein;
or
(d) to repay any loan made to the Association to enable it to perform the duties and
functions authorized herein.
Such Special Assessment, before being charged, must have received the approval of the
Members of the Association by the favorable vote of fifty-one (51%) percent of the votes cast at a
duly called meeting of the Association, subject to the quorum requirements established by Article
III, Section 6(a). The notice of such meeting shall include one (1) statement from those Directors
favoring the Special Assessment and one (1) statement from those Directors opposing the Special
Assessment, if any, containing the reasons for those Directors' support and opposition for the
Assessment. Neither statement shall exceed five (5) pages in length.
This provision shall be interpreted to mean that the Association may make in any one (1) year
an Annual Assessment up to the maximum set forth in Section 3 of this Article V, plus an additional
Special Assessment. Such Special Assessment in any one (1) year may not exceed a sum equal to
the amount of the Maximum Regular Annual Assessment for such year except for emergency or
repairs required as a result of storm, fire, natural disaster, or other casualty loss. The fact that the
Association has made an Annual Assessment for an amount up to the Maximum Regular Annual
Assessment shall not affect its right to make a Special Assessment during the year.
Section 5. Reserve Funds. The Association may establish reserve funds to be held in
reserve in an interest drawing account or inves1~nents as a reserve for:
(a) major rehabilitation or major repairs;
(b) emergency and other repairs required as a result of storm, fire, natural disaster, or
other casualty loss; and
18 00SN0240/WP/JUNE28M
(c) initial costs of any new service to be performed by the Association.
Section 6. Change in Maximum Amounts of Annual Assessments Upon Merger or
Consolidation. The limitations of Section 3 hereof shall apply to any merger or consolidation in
which the Association participates.
Section 7. Date of Commencement of Annual Assessments, Due Date. Notwithstanding
anything in the foregoing to the contrary, the Annual Assessments provided for herein shall
commence no earlier than January 1, 1991. The initial Annual Assessment on the actual Date of
Commencement shall be prorated to reflect the remaining full quarters of the initial Assessment year.
Section 8. Duties of the Board of Directors. The Board of Directors shall fix the amount
of the Annual Assessment and shall direct the preparation of an index of all Residential Lots on the
Registration List and Annual Assessments and Special Assessments applicable thereto, which shall
be kept in the Office of the Association and which shall be open to inspection by any Member.
Written notice of Assessment shall thereupon be sent to every Member subject thereto.
The Association shall upon demand at any time furnish to any Owner liable for said
Assessments a certificate in writing signed by an Officer of the Association, setting forth whether
said Assessments have been paid. Such certificate shall be conclusive evidence against all but the
Owner of payment of any Assessment therein stated to have been paid. If the Board of Directors
authorizes a Billing Agent to collect Assessments, the certificate of the said Billing Agent shall be
conclusive evidence against all but the Owner of payment of any Assessment therein stated to have
been paid.
Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the
Owner; the Lien; Remedies of Association. If the Annual Assessment or any Special Assessment
is not paid within thirty (30) days of the due date thereof, then such Assessment shall become
delinquent and shall (together with interest thereon at the maximum annual rate permitted by law
from the due date and costs of collection thereof including a reasonable attorney's fee) become a
charge and continuing lien on the land and all improvements thereon against which each such
Assessment is made, in the hands of the then Owner, his heirs, devisees, personal representatives,
and assigns.
If the Assessment is not paid within sixty (60) days after the due date, the Association may
br'mg an action at law against the Owner personally and there shall be added to the amount of such
Assessment the costs of preparing the filing of the Complaint in such action and a reasonable
attorney's fee. In the event a judgment is obtained, such judgment shall include interest on the
Assessment as above provided and a reasonable attorney's fee together with the costs of the action.
If the Board of Directors of the Association elects to utilize a Billing Agent to collect
Assessments, interest which shall accrue on past-due sums shall be the maximum interest rate which
such agent may lawfully charge.
19 00SN0240/WP/JUNE28M
Section 10. Subordination of the Lien. The Lien of the Assessments provided for herein
shall be subordinate to the lien of any first deed of trust now or hereafter placed upon any Properties
subject to Assessment, and in addition, shall be subordinate to the lien of the cost of corrective action
provided for in the General Property Covenants. In the event a creditor acquires title to any Property
subject to Assessment pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure,
said creditor shall be subject to Assessment.
Section 11. Annual Statements. The President, Treasurer, or such other Officer as may
have custody of the funds of the Association shall annually, within ninety (90) days after the close
of the fiscal year of the Association, prepare and execute under oath a general itemized statement
showing the actual assets and liabilities of the Association at the close of such fiscal year, and a
statement of revenues, costs and expenses. It shall be necessary to set out in the statement the name
of any creditor of the Association owed more than One Thousand and no/100 ($1,000.00) Dollars.
Such Officer shall furnish to each Member of the Association who may make a written request
therefor, a copy of such statement, within thirty (30) days after receipt of such request. Such copy
may be furnished to the Member either in person or by mail.
Section 12. Annual Budget. The Board of Directors shall prepare and make available to
all Members, at least sixty (60) days prior to the first day of each fiscal year, a budget outlining
anticipated receipts and expenses for such fiscal year. The financial books of the Association shall
be available for inspection by all Members at all reasonable times.
ARTICLE VI
FUNCTIONS OF ASSOCIATION
Section 1. Ownership and Maintenance of Properties. The Association shall be
authorized to own and/or maintain Common Properties, Intended Common Properties, equipment
furnishings, and improvements devoted to the following uses:
(a) for roads, roadways, roadway medians and parkways along said roads or roadways,
cul-de-sac islands, and neighborhood or other area entrances throughout the Properties;
(b) for sidewalks, walking paths or trails, and bicycle paths through the Properties;
(c) for neighborhood entrance signs, directional signs, and other area signs;
(d) for security services;
(e) for buildings used in maintenance functions;
(f) for providing any of the services which the Association is authorized to offer under
Section 2 of this Article VI;
20 00SN0240/WP/JUNE28M
(g) for purposes set out in deeds by which Common Properties are conveyed to the
Association, provided that such purposes shall be approved by the Members of the Association as
set out in Section 4 of this Article VI; and
(h) for indoor and outdoor community facilities, including, but not limited to, basketball
courts, playgrounds, ball fields, gazebos, picnic shelters, picnic tables, parks, walking trails and bike
trails.
Section 2. Services. The Association shall be authorized but not required, except as
specified in Section 3 of this Article VI, to provide the following services:
(a) cleanup and maintenance of all roads, roadways, roadway medians, parkways, cul-de-
sac islands, neighborhood and other area entrances, streams, parks, sidewalks, walking trails, bike
trails, Common Properties, Intended Common Properties, and Open Space Areas within the
Properties, and also all public properties which am located within or in a reasonable proximity to the
Properties such that their deterioration would affect the appearance of the Properties as a whole;
(b) landscaping and beautification of roads, roadways, roadway medians, parkways, cul-
de-sac islands, neighborhoods and other area entrances, streams, parks, sidewalks, walking paths,
bike trails, Common Properties, Intended Common Properties, and Open Space Areas;
(c) maintenance of neighborhood entrance signs, directional signs, and other area signs;
(d) lighting of roads, sidewalks, walking paths, bike trails, parking lots, and any
recreational and community facilities located within the Properties;
(e) security, including, but not limited to, the employment of security guards for the
protection of persons and property within the Existing Property, and assistance in the apprehension
and prosecution of persons who violate the laws of the State of Virginia or the County of
Chesterfield, Virginia, within the Properties;
(f) garbage and trash collection and disposal;
(g) insect and pest control to the extent that it is necessary or desirable in the judgment
of the Board of Directors of the Association to supplement the service provided by the state and local
governments;
(h) the services necessary or desirable in the judgment of the Board of Directors of the
Association to carry out the Associations obligations and business under the terms of this document;
(i) to take any and all actions necessary to enforce all Covenants and Restrictions
affecting the Properties and to perform any of the functions or services delegated to the Association
in any Covenants or Restrictions applicable to the Properties;
21 00SN0240/WP/JUNE28M
(j) to set up and operate an Architectural Review Board in the event that the Association
is designated by the Developer as the agent or the assign of the Developer for such purpose, pursuant
to the provisions of Article VII;
(k) to conduct instructional, recreational, sports, crafts, social, and cultural programs of
interest to Members, their families and guests;
(1) to construct improvements on Common Properties or Intended Common Properties
for use for any of the purposes authorized in this Article, or as may be required to provide any of the
services authorized in this Article;
(m) to provide administrative services, including, but not limited to, legal, accounting,
and f'mancial; and communication services, including, but not limited to, community newsletters and
newspapers to inform Members of activities, notices of meetings, referendums, and other issues and
events of community interest;
(n) to provide liability and hazard insurance covering improvements and activities on the
Common Properties;
(o) to construct mailboxes, signs, and other standard features for use throughout the
Properties; and
(p) to provide any or all of the above listed services to another association of Owners of
real property under a contract, the terms of which must be approved by the Board of Directors.
Section 3. Minimum List of Functions and Services. The "Minimum List of Functions
and Services" shall establish and def'me the minimum level of functions and services which the
Association must furnish to ks Members. So long as the Developer is engaged in the development
of Properties which are subject to the terms of this Declaration, the Association shall not reduce the
level of functions and services k furnishes to its Members below such minimum level wkhout the
prior written consent of the Developer. The "Minimum List of Functions and Services" shall
obligate the Association to:
(a) provide or procure the administrative services necessary to carry out the Association's
obligations and business under the terms of this Declaration, the Articles of Incorporation of the
Association, and the By-Laws of the Association, including, but not limited to, legal, accounting,
financial, and communications services;
(b) administer and enforce the covenants and restrictions established in this Declaration,
including, but not limited to, the following actions:
(1)
set Assessments, levy such Assessments, notify the Members of such
Assessments, and collect such Assessments;
22 00SN0240/WP/JUNE28M
(2)
prepare accurate indexes of Members, Residential Lots, Votes, Assessments,
the total number of Residential Lots placed on the Registration List of the
Association, the maximum number of Residential Lots authorized in the
Properties by the zoning Ordinance of the County of Chesterfield, Virginia,
and the Maximum Regular Annual Assessment;
(3)
operate an Architectural Review Board in the event that the Association is
designated by the Developer as the agent or the assign of the Developer for
such purpose;
(4)
maintain and operate all Common Properties and Intended Common
Properties;
(5)
hold Annual Meetings, Special Meetings, and Referendums as required, hold
elections for the Board of Directors as required, and give Members proper
notice as required; and
(6)
prepare annual statements and annual budgets, and shall make the financial
books of the Association available for inspection by Members at all
reasonable times;
(c) should the Developer appoint the Association its agent for the administration and
enforcement of any of the provisions of the General Property Covenants or any other covenants and
restrictions of record, assume such responsibility and any obligations which are incident thereto;
(d) should the Developer assign to the Association any of the rights reserved unto it in
the General Property Covenants or any other covenants and restrictions of record, assume the
responsibilky of administer'rog and enforcing said rights, and shall assume any obligations which are
incident thereto;
(e) provide appropriate liability and hazard insurance coverage for improvements and
activities on all Common Properties;
(f) provide appropriate Directors' and Officers' Legal Liability Insurance, and indemnify
persons pursuant to the provisions of the Articles of Incorporation of the Association;
(g) keep a complete record of all its acts and corporate affairs;
(h) provide regular and thorough cleanup of all roads, roadways, roadway medians,
parkways, cul-de-sac islands, neighborhood and other area entrances, and bike trails throughout the
Properties, including, but not limited to, mowing grass on all roadsides, cul-de-sac islands, entrances,
and bike trails; landscape maintenance on all roadsides, cul-de-sac islands, entrances, and bike trails;
pickup and disposal of trash on all roads, roadsides, cul-de-sac islands, entrances, and bike trails.
Such cleanup as is possible shall begin within an individual residential neighborhood as soon as
construction of dwellings has commenced within said neighborhood;
23 00SN0240/WP/JUNE28M
(i) provide general maintenance of all neighborhood entrance signs, directional signs,
and other area signs, including, but not limited to, painting, repair work, and replacement as needed:
(j) repave all bike trails as needed;
(k) provide regular and thorough maintenance and cleanup of all Common Properties and
Intended Common Properties, including, but not limited to, mowing of grass, fertilization as needed,
landscape maintenance as needed, pickup and disposal of trash, washing down of picnic tables and
benches as needed, and painting, repairs to and replacement of all improvements as needed; and
(1) operate and maintain all streetlights along all public roads and wkhin all Common
Properties and Restricted Common Properties.
Section 4. Obligation of the Association. The Association shall not be obligated to carry
out or offer any of the functions and services specified by the provisions of this Article VI except
as specified in Section 3 of this Article VI. The functions and services to be carried out or offered
by the Association at any particular time shall be determined by the Board of Directors taking into
consideration the funds available to the Association and the needs of the Members of the
Association. The functions and services which the Association is authorized to carry out or to
provide may be added to or reduced, subject to the provisions of Section 3 of this Article VI, at any
time upon the affmnative vote of fifty-one (51%) percent of the votes cast by the Type "A" Members
at a duly called meeting of the Association.
Section 5. Mortgage and Pledge. The Board of Directors shall have the power and
authority to obtain loans to be used by the Association in performing its authorized functions and
services and to mortgage the property of the Association and to pledge the revenues of the
Association as security for such loans, provided that any such mortgage is wkh the prior consent of
two-thirds of the Members of the Association, which consent may be evidenced by petkion or by an
af£mnative vote of two-thirds of the Association. The Developer may, but shall not be required, to
make loans to the Association. Notwithstanding anything in this Declaration to the contrary, the
Association shall not be allowed to reduce the level of the Annual Assessment below the limk of the
Maximum Regular Annual Assessment at any time there are outstanding any amounts due the
Developer as repayment of any loans made by the Developer to the Association without the express
written consent of the Developer.
Section 6. Maintenance of Property Not Owned by the Association. The Association
shall be authorized to render services of a governmental nature not furnished by the local government
in the case of maintenance of property not owned by it.
ARTICLE VII
THE GENERAL PROPERTY COVENANTS AND ARCHITECTURAL CONTROL
Section 1. The General Property Covenants. Pursuant to the provisions of the General
Property Covenants, the Developer reserved the right to appoint the Association its agent for the
24 00SN0240/WP/JUNE28M
purpose of administer'rog and enforcing, in whole or in part, the rights reserved unto the Developer
in said General Property Covenants, including, but not limited to, the right to approve (or
disapprove) plans, specifications, color, finish, plot plan, land management plan, and construction
schedules for any or all buildings or structures to be erected within any or all of the properties subject
to said General Property Covenants. Such appointment may be temporary or permanent, and shall
be subject to any conditions, limitations, or restrictions which the Developer, in its sole and
uncontrolled discretion, may elect to impose. Upon any such appoinunent of the Association as
agent by the Developer, the Association shall assmne any obligations which are incident thereto.
In addition to the foregoing, the Developer reserved the right to assign in whole or in part to
the Association its rights reserved in the General Property Covenants to grant approvals (or
disapprovals), to establish rules and regulations, to administer and enforce the provisions of said
General Property Covenants, and any or all other rights reserved therein by the Developer. The
assignment of such rights shall be subject to any conditions, limitations, or restrictions which the
Developer, in its sole and uncontrolled discretion, may elect to impose at the time of assignment.
Following the assignment of such rights, the Association shall assmne all of the Developer's
obligations which are incident thereto (if any), and the Developer shall have no further obligation
or liability with respect thereto. The assignment of such right or rights by the Developer to the
Association shall be made by written instrument which shall be recorded in the Clerk's Office.
Notwithstanding anything in the foregoing to the contrary, so long as the Developer, its
successors and assigns, is the owner of property subject to the provisions of the General Property
Covenants, the Developer, in addition to and jointly with the Association, shall retain all rights of
easement reserved unto it in said General Property Covenants, and shall, furthermore, retain all rights
of entry granted unto it in said General Property Covenants for the purposes of correcting, repair'rog,
enhancing, improving, cleaning, preserving, clear'rog out, removing, or taking any action to prevent
a violation of said General Property Covenants, and the retention of said rights of easement and entry
by the Developer shall in no way create any obligation on the part of the Developer to perform any
af£mnative action.
Section 2. The Archkectural Review Board. Should the Developer designate the
Association ks agent or ks assign for the purpose of administering and enforcing, in whole or in part,
the rights reserved unto the Developer in the General Property Covenants to approve (or disapprove)
plans, specifications, color, f'mish, plot plan, landscape plan, and construction schedules for any or
all buildings or structures to be erected wkhin any or all of the Properties as specified in Section 1
hereinabove, the Association shall establish and operate an Archkectural Review Board for the
purpose of administer'rog and enforcing such approvals (or disapprovals).
The Architectural Review Board shall be composed of at least three (3) but not more than
eleven (11) Members, all of whom shall be appointed by the Board of Directors of the Association.
At least one (1) Member of the Association other than the Developer shall be a Member of the
Architectural Review Board at all times.
ARTICLE VIII
25 00SN0240/WP/JUNE28M
GENERAL PROVISIONS
Section 1. Duration. These Covenants and any amendments thereto shall run with and
bind the land subject hereto, and shall inure to the benefit of and be enforceable by the Association,
the Developer, or the Owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors, and assigns, for a period of thirty (30) years from the date of this
Declaration. Upon the expiration of said thirty (30) year period, this Declaration shall be
automatically extended for successive periods of ten (t0) years. The number of ten (t0) year
extension periods hereunder shall be unlimited, provided, however, that there shall be no extension
of this Declaration if dur'mg the last year of the initial thirty (30) year period, or during the last year
of any subsequent ten (t0) year extension period, at a duly called meeting of the Association, fifty-
one (51%) percent or more of the total vote entitled to be cast by all the Members of the Association
shall vote in favor of terminating this Declaration at the end of its then current tenn. The presence
at the meeting of Members or proxies entitled to cast sixty (60%) percent of the total vote of the
Membership shall constitute a quorum. It shall be required that written notice of any meeting at
which such a proposal to terminate this Declaration is to be considered, setting forth the fact that
such a proposal will be considered, shall be given each Member at least thirty (30) days in advance
of said meeting. In the event that the Members of the Association vote to terminate this Declaration,
the President and Secretary of the Association shall execute a certificate which shall set forth the
Resolution of Termination adopted by the Association, the date of the meeting of the Association
at which such Resolution was adopted, the date that Notice of such Meeting was given, the total
number of votes of Members of the Association, the total number of votes required to constitute a
quorum at a meeting of the Association, the total number of votes present at said meeting, the total
number of votes necessary to adopt a Resolution terminating this Declaration, the total number of
votes cast against such Resolution. Said certificate shall be recorded in the Clerk's Office and may
be relied upon for the correctness of the facts contained therein as they relate to the termination of
this Declaration.
Section 2. Amendments. All proposed amendments to this Declaration shall be
submitted to a vote of the Members at a duly called meeting of the Association subject to the quorum
requirements established by Article III, Section 6(a). Any proposed amendment shall be deemed
approved if two-thirds (2/3) of the votes cast at such meeting vote in favor of such proposed
amendment. Notice shall be given each Member at least thirty (30) days prior to the date of the
meeting at which such proposed amendment is to be considered. If any proposed amendment to this
Declaration is approved by the Members as set forth above, the President and Secretary of the
Association shall execute an Addendum to this Declaration which shall set forth the amendment, the
effective date of the amendment (which in no event shall be less than sixty (60) days after the date
of the meeting of the Association at which such amendment was adopted), the date of the meeting
of the Association at which such amendment was adopted, the date that notice of such meeting was
given, the total number of votes of Members of the Association, the total number of votes required
to constitute a quorum at a meeting of the Association, the total number of votes present at said
meeting, the number of votes necessary to adopt the amendment, the total number of votes cast in
favor of such amendment and the total number of votes cast against the amendment. Such
Addendum shall be recorded in the Clerk's Office.
26 00SN0240/WP/JUNE28M
So long as the Developer, as the Type "B" Member, is entitled to elect a majority of the
Members of the Board of Directors, no amendment of this Declaration shall be made without the
consent of the Developer.
Section 3. Notices. Any notice required to be sent to any Member under the provisions
of this Declaration shall be deemed to have been properly sent, and notice thereby given, when
delivered personally or sent by mail, with the proper postage affixed, to the address appear'rog on the
Association's Membership list. Notice to one (1) of two (2) or more co-Owners or co-Tenants of a
Residential Lot shall constitute notice to all Co-Owners or co-Tenants. It shall be the obligation of
every Member to immediately notify the Secretary of the Association in writing of any change of
address. Any person who becomes a Member following the first day in the calendar month in which
said notice is delivered or mailed shall be deemed to have been given notice if notice was given to
his predecessor in title.
Section 4. Enforcement. Enforcement of these Covenants shall be by and proceeding
at law or in equity against any person or persons violating or attempting to violate or circumvent any
covenant or restriction, either to restrain violation or to recover damages, and against the land and
to enforce any lien created by these Covenants; and failure by the Association or any Member or the
Developer to enforce any covenant or restriction herein contained for any period of time shall in no
event be deemed a waiver or estoppel of the right to enforce same thereafter.
Section 5. Severabilitv. Should any covenant or restriction herein contained, or any
Article, Section, Subsection, sentence, clause, phrase or term of this Declaration be declared to be
void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any Court or other
tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall
in no wise affect the other provisions hereof which are hereby declared to be severable and which
shall remain in full force and effect.
Section 6. Interpretation. The Board of Directors of the Association shall have the right
to determine all questions arising in connection with this Declaration, and to construe and interpret
its provisions, and its determination, construction, or interpretation shall be f'mal and binding. In all
cases, the provisions of this Declaration shall be given that interpretation or construction that will
best tend toward the consmmnation of the general plan of improvements.
Section 7. Authorized Action. All actions which the Association is allowed to take under
this instrument shall be authorized actions of the Association if approved by the Board of directors
of the Association in the manner provided for in the By-Laws of the Association, unless the terms
of this instrument provide otherwise.
Section 8. Other Agreements. Notwithstanding anything contained herein to the
contrary, all the provisions of these Covenants shall be subject to and conform with the provisions
of:
(a) the Zoning Ordinance of the County of Chesterfield, Virginia, and the rules and
regulations promulgated thereunder, as may from time to time hereafter be amended or modified;
27 00SN0240/WP/JUNE28M
(b) the Master Plan for the development of Stoney Glen West as approved by the Board of
Supervisors of the County of Chesterfield as may from time to time hereinafter be amended or
modified; and
(c) the General Property Covenants recorded contemporaneously herewith in the Clerk's
Office. In the event of any conflict between this Declaration and the General Property Covenants
the General Property Covenants shall prevail.
None of the provisions of this Section (6) are or shall in any way be construed to be or to
constitute a conveyance, transfer, disposition, waiver or relinquishment of any right, title, and
interest of the Developer or the Association, as their respective rights, titles, and interests may
appear, in and to or under any of the above referenced instnunents or documents to or for the benefit
of any other person, £mn, or corporation.
Section 9. Limited Liability. In connection with all reviews, acceptances, inspections,
permissions, consents or required approvals by or from the Developer and/or the Association
contemplated under this Declaration, the Developer and/or the Association shall not be liable to an
Owner or to any other person on account of any claim, liability, damage, or expense suffered or
incurred by or threatened against an Owner or such other person and arising out of or in any way
relating to the subject matter of any such reviews, acceptances, inspections, permissions, consents
or required approvals, whether given, granted, or withheld.
Section 10. Termination of Association. In the event that this Declaration be declared to
be void, invalid, illegal, or unenforceable in its entirety, or in such a significant manner that the
Association is not able to function substantially as contemplated by the terms hereof, for any reason,
by the adjudication of any Court or other tribunal having jurisdiction over the parties hereto and the
subject matter hereof, and such adjudication occurs within ten (t0) years of the date of this
Declaration, all Common Properties belonging to the Association at the time of such adjudication
shall revert to the Developer, and the Developer shall own and operate said Common Properties as
Trustee for the use and benefit of Owners within the Properties as set forth below. If said
adjudication shall occur on a date more than ten (t0) years after the date of this Declaration, or if the
Members of the Association should vote not to renew and extend this Declaration as provided for
in Article VIII, Section t, all Common Properties owned by the Association at such time shall be
transferred to a Trustee appointed by the Circuit Court of Chesterfield County, Virginia, which
Trustee shall own and operate said Common Properties for the use and benefit of Owners within the
Properties as set forth below:
(a) Each Residential Lot located within the Properties shall be subject to an Annual
Assessment which shall be paid by the Owner of each such Residential Lot to the Developer or
Trustee, whichever becomes the successor in title to the Association. The amount of such Annual
Assessment and its due date shall be determined solely by the Developer or the Trustee, as the case
may be, but the amount of such Annual Assessment on any particular Residential Lot shall not
exceed the amount actually assessed against that Residential Lot in the last year that assessments
were levied by the Association, subject to the annual inflation adjus1~nents set forth in subparagraph
(b) immediately below.
28 00SN0240/WP/JUNE28M
(b) The Maximum Regular Annual Assessment which may be charged by the Developer
or Trustee hereunder on any particular Residential Lot may be automatically increased each year by
an mount equal to the C.P.I. The actual amount of such increase in the Maximum Regular Annual
Assessment on a Residential Lot shall equal the Maximum Regular Annual Assessment on such
Residential Lot for the previous year multiplied by the C.P.I. If the C.P.I. is discontinued, then there
shall be used the most similar index published by the United States Government that may be
procured indicating changes in the cost of living.
(c) Any past due Annual Assessment together with interest thereon at the maximum
annual rate allowed by law from the due date and all costs of collection including reasonable
attorney's fees shall be a personal obligation of the Owner at the time the Annual Assessment
became past due, and it shall also constitute and become a charge and continuing lien on the
Residential Lot and all improvements thereon, against which the Assessment has been made, in the
hands of the then Owner, his heirs, devisees, personal representatives and assigns.
(d) The Developer, or the Trustee, as the case may be, shall be required to use the funds
collected as Annual Assessments for the operation, maintenance, repair, and upkeep of the Common
Properties. The Developer or Trustee may charge as part of the cost of such functions the reasonable
value of its services in carrying out the duties herein provided. Neither the Developer nor the
Trustee shall have the obligations to provide for operation, maintenance, repair, and upkeep of the
Common Properties once the funds provided by the Annual Assessment have been exhausted.
(e) The Developer shall have the right to convey title to the Common Properties, and to
assign its rights and duties hereunder, provided that the transferee accepts such Properties subject
to the limitations and uses imposed hereby and af£Lrmatively acknowledges its acceptance of the
duties imposed hereby.
(f) The Trustee shall have the power to dispose of the Common Properties free and clear
of the limitations imposed hereby; provided, however, that such disposition shall first be approved
in writing by fifty-one (51%) percent of the Owners of Properties or in the alternative shall be found
to be in the best interest of the Owners of Property by the Circuit Court of Chesterfield County,
Virginia. The proceeds of such a sale shall first be used for the payment of any debts or obligations
constituting a lien on the Common Properties, then for the payment of any obligations incurred by
the Trustee in the operation, maintenance, repair, and upkeep of such Properties, then for the
payment of any obligations distributed among the Owners of Property, exclusive of the Trustees, in
a proportion equal to the portion that the Maximum Regular Annual Assessment on property owned
by a particular Owner bears to the total Maximum Regular Annual Assessments for all property
located within the Properties.
IN WITNESS WHEREOF, the Association and the Developer have caused this instrument
to be executed and their seals attached by their duly authorized officers.
WHEREAS, STONEY GLEN WEST ASSOCIATES LIMITED PARTNERSHIP, a
Virginia limited partnership ("Developer"), is the owner of certain lands located within a community
known as "Stoney Glen West" in Chesterfield County, Virginia.
29 00SN0240/WP/JUNE28M
WHEREAS, the Developer wishes to declare certain restrictive covenants affecting certain
lands in Stoney Glen West.
NOW, THEREFORE, the Developer does hereby declare that the covenants contained herein
shall be covenants running with the land and shall apply to the lands described in Exhibit "A"
attached hereto and such additions thereto as may hereinafter be made pursuant to paragraph 4.4 of
Part IV hereof. The Developer reserves in each instance the right to add additional restrictive
covenants in respect to lands to be conveyed in the future within the Properties, or to limit therein
the application of this Declaration.
DEFINITIONS
"Stoney Glen West" when used herein shall refer to the lands in Chesterfield County,
Virginia, which are shown as a part of Stoney Glen West on the Developer's Master Plan as revised
from time to time.
Whenever used herein, the term "Developer" or "the Developer" shall refer to Stoney Glen
Associates Limited Partnership, a Virginia limited partnership, its successors and assigns, and any
agent or agents appointed by Stoney Glen West Associates Limited Partnership, its successors and
assigns, to act on its behalf for the purpose of administering or enforcing, in whole or in part, the
fights reserved unto the Developer in this Declaration.
Whenever used herein, the term "Association" shall refer to Stoney Glen West Association,
Inc., a Virginia non-profit, non-stock corporation, its successors and assigns, and any other
community or owners association within Stoney Glen West organized or to be organized, by the
Developer or by others with the consent of the Developer.
The terms "Property" and "Properties" when used herein shall refer to any tract of land or
subdivision thereof in Stoney Glen West which has been subjected to the provisions of this
Declaration or any Supplemental Declaration under the provisions of paragraph 4.4 of Part IV hereof,
as may be referenced in deeds issued by the Developer or any third party with the consent of the
Developer, including without limitation, all that tract or parcel of land, situate, lying and being in
Chesterfield County, Virginia, which is more particularly described in Exhibit "A" attached hereto
and by specific reference made a part hereof.
The terms "Property Owner", "Owner of Property", and "Owner" when used in this
Declaration shall mean and refer to all owners of an interest in real property in Stoney Glen West
which has been subjected to the provisions of this Declaration.
The term "Master Plan" when used in this Declaration shall mean and refer to the drawing
which represents the conceptual plan for the future development of Stoney Glen West. Since the
concept of the future development of Stoney Glen West is subject to continuing revision and change
by the Developer, present and future references to the "Master Plan" shall be references to the latest
revision thereof.
30 00SN0240/WP/JUNE28M
The term "Open Space" or "Open Space Areas" when used in this Declaration shall mean and
refer to all those parcels and tracts of land within the Properties designated on the Master Plan or on
recorded plats as "Open Space".
The covenants and restrictions below will be referred to as the General Property Covenants
of July ,1990, will be recorded in the Clerk's Office of the Circuit Court of Chesterfield County,
Virginia, ("Clerk's Office") and may be incorporated by reference in deeds to real property issued
by the Developer by reference to the book and page of recording in the land records of said Clerk's
Office.
31 00SN0240/WP/JUNE28M
PART I
COVENANTS, RESTRICTIONS AND AFFIRMATIVE
OBLIGATIONS APPLICABLE TO ALL
PROPERTIES IN STONEY GLEN WEST
The primary purpose of these covenants, restrictions and af£mnative obligations
("Covenants") and the foremost consideration in the origin of same has been the creation of a
community which is aesthetically pleasing and functionally convenient. The establishment of certain
objective standards relating to design, size and location of dwellings and other structures makes it
impossible to take full advantage of the individual characteristics of each parcel of Property and of
technological advances and environmental values. For this reason such standards are not established
by these Covenants. However, in order to implement the purposes of these Covenants, the
Developer may establish and amend from time to time objective standards and guidelines, including,
but not limited to, Building Guidelines, Uniform Sign Regulations, Uniform Mailbox Regulations,
and Landscape Guidelines as such terms are defined hereinafter, which shall be in addition to and
more restrictive than these Covenants, and which shall be binding on all Property Owners within
Stoney Glen West.
1.1. Building Approvals. No building, fence, or other structure shall be erected, placed,
or altered, nor shall a building permit for such improvement be applied for on any Property in Stoney
Glen West until the proposed building plans, specifications, exterior color or f'mish, plot plan
(showing the proposed location of such building or structure, drives, and parking areas), and
construction schedule shall have been approved by the Developer. In addition, the Developer may,
at its election, require prior written approval of a landscape plan. The Developer further reserves the
right to promulgate and amend from time to time architectural standards and construction
specifications (hereinafter referred to as the "Building Guidelines") for specific neighborhoods and
areas or for all Properties within Stoney Glen West, and such Building Guidelines shall establish,
define, and expressly limit those standards and specifications which will be approved in said
neighborhoods and areas or within the Properties, including, but not limited to, architectural style,
exterior color or f'mish, roof'mg material, siding material, driveway material, fencing material,
landscape design, and construction technique. No alteration in the exterior appearance of any
building, fence or structure, including exterior color or finish, shall be made without like prior
approval by the Developer. One (1) copy of all plans and related data shall be furnished to the
Developer for its records. In the event approval of such plans is neither granted nor denied within
thirty (30) days following receipt by the Developer of written demand for approval, the provisions
of this paragraph shall be thereby waived.
(b) In order to assure that buildings, fences and other structures will be located
and staggered so that the maximum view, privacy, sunlight, and breeze will be available to each
building or structure within the con£mes of each Property, and to assure that structures will be
located with regard to the topography of each Property, taking into consideration the location of large
trees and other aesthetic and environmental considerations, the Developer reserves the right to
approve the precise site and location of any building, fence or structure on any Property in Stoney
Glen West. Such location shall be determined only after reasonable opportunity is afforded the
Property Owner to recommend a specific site. The provisions of this paragraph shall in no way be
32 00SN0240/WP/JUNE28M
construed as a guarantee that the view, privacy, sunlight, or breeze available to a building or structure
on a given Property shall not be affected by the location of a building or structure on an adjacent
Property.
1.2. Tree Removal. No trees measur'mg six (6) inches or more in diameter at a point two
feet above ground level may be removed without the prior approval of the Developer. Approval for
the removal of trees located within ten (t0) feet of a building or within ten (t0) feet of the approved
site for such building will be granted unless such removal will substantially decrease the beauty of
the Property.
1.3 Landscape Guidelines. The Developer reserves the right to promulgate and amend
from time to time landscape guidelines (the "Landscape Guidelines") which shall establish approved
standards, methods, and procedures for landscape management on specific Properties in Stoney Glen
West, and such authorized standards, methods, and procedures may be utilized by the Owners of
such specified Properties without prior written approval by the Developer; provided, however, the
provisions of this paragraph 1.3 shall in no way constitute a waiver of the requirement to receive
prior written approval for the removal of specified trees pursuant to paragraph 3 above.
t.4. Signs. Except as may be required by legal proceedings, no sign shall be erected or
maintained on any Property by anyone, including, but not limited to, a Property Owner, a tenant, a
realtor, a contractor, or a subcontractor, until the proposed sign size, color and content and the
number and location of sign(s) shall have been approved by the Developer. The Developer further
reserves the right to promulgate and amend from time to time uniform sign regulations ("the
Uniform Sign Regulations") which shall establish standard design criteria for all signs, including,
but not limited to, real estate sales signs, erected upon any Property in Stoney Glen West.
1.5. Mailboxes. No mailbox shall be erected or maintained on any Property until the
proposed mailbox design, color, and location have been approved by the Developer. No alteration
in the exterior appearance of any mailbox shall be made without like prior written approval by the
Developer. The Developer further reserves the right to establish uniform mailbox regulations (the
"Uniform Mailbox Regulations") which shall de£me standard design criteria for all mailboxes
erected upon any Property in Stoney Glen West.
1.6. Maintenance. It shall be the responsibility of each Property Owner, tenant, contractor,
or subcontractor to prevent the development of any unclean, unsightly, unkempt, unhealthy, or
unsafe conditions of buildings or grounds on any Property which shall tend to substantially decrease
the beauty or safety of Stoney Glen West, the neighborhood as a whole, or the specific area.
1.7. Parking. Each Property Owner shall provide space for the parking of automobiles off
public streets prior to the occupancy of any building or structure constructed on said Property, in
accordance with reasonable standards established by the Developer.
t.8. Sewage Disposal. Prior to the occupancy of a building or structure on any Property,
proper and suitable provisions shall be made for the disposal of sewage by connection with the sewer
33 00SN0240/WP/JUNE28M
mains of the Chesterfield County public sewer system or other means of sewage disposal if other
means are approved by Chesterfield County and the Developer for use in Stoney Glen West.
1.9. Public Water. Prior to the occupancy of a building or structure on any Property,
proper and suitable provisions for water shall be made by connection with the water lines of the
Chesterfield County public water system or any other water system approved by Chesterfield County
and the Developer for use in Stoney Glen West.
1.10. Utility Easements. The Developer hereby reserves a perpetual, alienable, and
releasable easement and right on, over, and under the Properties to erect, maintain, and use electric,
Community Antenna Television ("C.A.T.V.'), and telephone poles, wires, cables, conduits, drainage
ways, sewers, water mains, and other suitable equipment for the conveyance and use of electricity,
telephone equipment, C.A.T.V., gas, sewer, water, drainage, or other public conveniences or utilities
on, in, or over those portions of such Property as may be reasonably required for utility line purposes;
provided, however, that no such utility easement shall be applicable to any portion of such Property
as may (a) have been used prior to the installation of such utilities for construction or a building
whose plans were approved pursuant to these Covenants by the Developer, or (b) be designated as
the site for a building on a plot plan for erection of a building which has been approved in writing
by said Developer. These easements and rights expressly include the right to cut any trees, bushes,
or shrubbery, make any gradings of the soil, or take any other similar action reasonably necessary
to provide economical and safe utility installation and maintain reasonable standards of health,
safety, and appearance. The Developer further reserves the right to locate wells, pumping stations,
siltation basins, and tanks within Stoney Glen West in any Open Space or on any Property designated
for such use on the applicable plat of said Property, or to locate same upon any Property with the
permission of the Owner of such Property.
1.11. Antenna. No television antenna, radio receiver, radio sender, or other similar
device shall be attached to or installed on any Property or on the exterior portion of any building or
structure on any Property except as follows:
(a) The provisions of this paragraph shall not prohibk the Developer from
installing or approving the installation of equipment necessary for a master antenna system,
C.A.T.V., mobile radio systems, or other similar systems within the Properties, pursuant to the
provisions of paragraph 11 above;
(b) Should C.A.T.V. services be unavailable and good television reception not
be otherwise available, a Property Owner may make written application to the Developer for
permission to install a television antenna, stating the proposed antenna's size, height, color, location
and design, and such permission shall not be unreasonably withheld; and
(c) No satellite dish antenna shall be installed upon any Property or attached to
the exterior portion of any building or structure on any Property.
1.12. Fences.
No chain link fence shall be erected or maintained on any Property.
34 00SN0240/WP/JUNE28M
1.13. Dog Pens. No dog pen shall be erected or maintained on any Property until the
proposed dog pen design, color, fencing material, size, and location have been approved in writing
by the Developer. No alteration in the exterior appearance of any dog pen shall be made without like
prior written approval by the Developer.
PART II
ADDITIONAL RESTRICTIONS AFFECTING
RESIDENTIAL LOTS
2.1. De£mition. "Residential Lots'* or "Lots" as used in this Part II shall mean and refer
to all those parcels or tracts of land within the Properties intended for subdivision or subdivided into
Properties or lots intended for the construction of a detached house or single family dwelling unit
(hereinafter referred to as a "dwelling unit").
2.2. Minimum Size. Plans required under paragraph 1.1 of Part I of these Covenants
will not be approved unless the proposed dwelling unit or any other structures will have the
minimum square footage of enclosed dwelling space specified in the pertinent sales contract and
deed. The term "enclosed dwelling space" shall not include garages, terraces, decks, open porches,
screened porches, and similar areas.
2.3. Other Restrictions.
(a) All Residential Lots shall be used for residential purposes, recreational
purposes incidental thereto, and for customary accessory uses. The use of a portion of a dwelling
unit on a Residential Lot as an office by the Owner or tenant thereof shall be considered a residential
use if such use does not create undue customer or client traffic, as determined by the Developer, to
and from the unit or the Property.
(b) No structure, except as hereinafter provided, shall be erected, altered, placed,
or permitted to remain on any Residential Lot other than one (1) detached single family dwelling and
one (1) small lone-step, accessory building which may include a detached private garage, provided
the use of such accessory building does not overcrowd the Property, as determined by the Developer,
and provided, further, that such building is not used for any activity normally conducted as a
business. Such accessory building may not be constructed prior to the construction of the main
building.
(c) A guest suite or like facility without a kitchen may be included as part of the
main dwelling or accessory building on any Residential Lot, but such suite may not be rented or
leased except as part of the entire premises including the main dwelling, and provided, however, that
such suite would not result in over-crowding the Property, as determined by the Developer.
(d) The provisions of this paragraph 2.3 shall not prohibk the Developer from
using any dwelling unks or accessory buildings as models. In addkion, the Developer may grant
permission to any builder to use any specific dwelling unk or accessory building as a model;
35 00SN0240/WP/JUNE28M
selection of the particular dwelling unit or accessory building and any rules or regulations governing
the use of such dwelling unit or accessory building as a model shall be determined by the Developer.
2.4. Completion of Construction.
(a) The exterior of each dwelling unit and all other structures must be completed
within one (1) year after the construction of same shall have commenced, except where such
completion is impossible or would result in great hardship to the Owner or builder due to strikes,
fires, national emergency or natural calamities. Dwelling units and other structures may not be
temporarily or permanently occupied until the exteriors thereof have been completed. Dur'mg the
continuance of construction, the Owner of each Residential Lot shall require his contractor to
maintain the Lot in a reasonably clean and uncluttered condition, pursuant to the provisions of
paragraph 1.6 of these Covenants.
(b) The failure to complete the exterior of any dwelling unit or any other structure
within the time limit set forth in paragraph 2.4(a) above shall constitute a violation and breach of
these Covenants. The Developer hereby reserves a perpetual, alienable, and releasable easement and
right on, over, and under all Residential Lots for the purpose of taking any action necessary to effect
compliance with paragraph 4(a) above, including, but not limited to, the right to enter upon any
Property for the purpose of completing the exterior of such dwelling unit or any other structure
which is in violation of paragraph 2.4 (a).
2.5. Garbage.
(a) Each Residential Lot Owner shall provide a screened area to serve as a service
yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and
gas meters, air conditioning equipment, clotheslines, and other unsightly objects must be placed or
stored in order to conceal them from view from the road and adjacent Properties. Pursuant to the
provisions of paragraph 1.1, plans for such screened area delineating the size, design, specifications,
exterior color or £mish, and location must be approved by the Developer prior to construction. No
alteration in the exterior appearance of any screened area shall be made without like prior written
approval by the Developer. Garbage receptacles and fuel tanks may be located outside of such
screened area only if located underground, and such underground garbage receptacles and fuel tanks
and their location must likewise be approved by the Developer prior to construction.
(b) There shall be no curbside garbage pickup permitted without the prior written
permission of the Developer.
Garbage pickup shall only take place at the garbage receptacle location approved by the Developer
in paragraph 2.5 (a) above.
(c) The Developer reserves the right to approve the selection of waste
management vendor(s) authorized to provide garbage pickup within the Properties.
36 00SN0240/WP/JUNE28M
2.6. Mobile Homes, Boat Trailers, Outbuildings, Etc. No mobile home, trailer, barn,
or other similar out building or structure shall be placed on any Residential Lot at any time, either
temporarily or permanently. Except as provided below, boats, boat trailers, campers, recreational
vehicles, oversized vehicles, or utility trailers may be maintained on a Residential Lot, but only
within an enclosed or screened area such that they are not generally visible from the road or adjacent
Properties. Pursuant to the provisions of paragraph 1.1, plans for such enclosed or screened area
delineating the size, design, specifications, exterior color or finish, and location must be approved
by the Developer prior to construction. No alteration in the exterior appearance of any enclosed or
screened area shall be made without like prior written approval by the Developer. A small boat, boat
trailer, or boat on a boat trailer may be placed in the rear yard of a Residential Lot without being
enclosed by a screened area if such boat, boat trailer, or boat on a boat trailer does not exceed an
overall height of four (4') feet above ground level.
2.7. Temporary Structures. No structure of a temporary character other than shelters
or temporary structures used by the contractor dur'mg construction of the main dwelling unit shall
be placed upon any Residential Lot at any time. Temporary shelters or structures permitted dur'mg
construction may not, at any time, be used as residences or permitted to remain on the Property after
completion of construction. The design and color of structures temporarily placed on a Residential
Lot by a contractor shall be subject to reasonable aesthetic control by the Developer.
2.8. Utility Easements. The utility and drainage easement reserved by the Developer
in paragraph 1.10 of these Covenants shall be located along any two (2) of the boundary lines of each
Residential Lot.
2.9. Subdivision of Lots. No Residential Lot shall be subdivided or its boundary lines
changed, nor shall application for same be made to Chesterfield County, except with the prior written
consent of the Developer. However, the Developer hereby expressly reserves the right to replat any
Residential Lot(s) owned by it and shown on the plat of any subdivision within the Properties in
order to create a modified building Lot or Lots, and to take such other steps as are reasonably
necessary to make such replatted Lot(s) suitable and fit as a building site including, but not limited
to, the relocation of easements, walkways, rights of way, roads, bike trails, bridges, parks,
recreational and community facilities, and other amenities to conform to the new boundaries of said
replatted Lot(s), provided that no Lot originally shown on a recorded plat is reduced to a size more
than ten (10%) per cent smaller than the smallest Lot shown on the first plat of the subdivision
section recorded in the public records. The provisions of this paragraph shall not prohibit the
combining of two (2) or more contiguous Lots into one (1) larger Lot, only the exterior boundary
lines of the resulting larger Lot shall be considered in the interpretation of these Covenants.
PART III
ADDITIONAL RESTRICTIONS AFFECTING OPEN SPACE AREAS
3.1. Maintenance of Open Space Areas. It is the intent of the Developer to maintain and
enhance (or to convey subject to open space restrictions to the Association) certain Open Space
Areas. The Developer reserves the right to review and modify the Master Plan at its sole option from
time to time based upon its continuing research and design program, and such modifications may
37 00SN0240/WP/JUNE28M
change the boundaries of certain Open Space Areas designated as such upon the Master Plan. The
Developer further reserves the right to transfer, sell, convey, give, donate, or lease to the Association
or to any other third party any Open Space Area.
3.2. Easements. An easement in Open Space Areas is hereby granted to the Owners of
Properties in Stoney Glen West, tenants of such Properties, and their guests, which easement shall
entitle such Owners, tenants, and their guests, to enjoy the Open Space Areas subject to the rules and
regulations established by the Developer. The granting of such easement in no way grants to the
public or to the owners of any land outside the Properties in Stoney Glen West the right to enter any
Open Space Area without the prior written permission of the Developer.
3.3. Improvements. The Developer hereby reserves the right to enter upon any
Open Space Area for the purpose of constructing, landscaping, maintaining, and operating any
community facilities, including, but not limited to, parks, playgrounds, gazebos, picnic shelters,
picnic tables, walking trails, bike trails, and, subject to limitations imposed by governmental
authorities, scenic roadsides and neighborhood entrance areas. The Developer further reserves the
right to authorize the construction, landscaping, maintenance, or operation of such facilkies within
Open Space Areas by the Association or any other third party.
3.4. Trash and Garbage. No trash, garbage, sewage, sawdust, or any unsightly or
offensive material shall be placed upon any Open Space Area, except as is temporary and incidental
to the bona fide improvement of the area in a manner consistent with its classification as an Open
Space Area.
3.5. Reservation of Easement. The Developer hereby reserves every reasonable use
and enjoyment of said Open Space Areas, in a manner not inconsistent with the provisions of this
Declaration.
3.6. Conveyance of Open Space Area. The Developer hereby reserves the right to
convey Open Space Areas to the Association. Such conveyance shall be made subject to the
provisions of this Part III, all other restrictions and limitations of record, and any other restrictions
or limitations which the Developer, in its sole and uncontrolled discretion, shall elect to impose. As
an appurtenance to such conveyances, the Association shall have all of the powers, immunities, and
privileges reserved unto the Developer in this Part III as well as all of the Developer's obligations
with respect thereto, provided, however, that so long as the Developer is the Owner of Property
subject to the provisions of this Declaration, the Developer, in addition to and jointly with the
Association, shall retain all rights of easement and entry granted for the purposes of correcting,
repair'rog, enhancing, improving, cleaning, preserving, clearing out, removing, or taking any action
to prevent a violation of these Covenants. Property conveyed to the Association pursuant to the
authority of this paragraph 3.6 shall become "Common Properties" as prescribed by the Declaration
of Covenants and Restrictions of the Stoney Glen West Association, a Virginia General Partnership
("Declaration"), which is being recorded in the Clerk's Office contemporaneously herewith.
PART IV
ADDITIONS, LIMITATIONS; DURATION AND
38 00SN0240/WP/JUNE28M
VIOLATION OF COVENANTS
4.1. Tenn. (a) All Covenants set forth in this Declaration and any amendments thereto
shall run with the land and shall be binding on all parties and persons claiming under them,
specifically including, but not limited to, the successors and assigns, if any, of the Developer for a
period of thirty (30) years from the date of this Declaration. Upon the expiration of said thirty (30)
year period all said Covenants shall be automatically extended for successive periods often (la)
years. The number of ten (la) year extension periods hereunder shall be unlimited, provided,
however, that there shall be no extension of this Declaration if dur'mg the last year of the initial thirty
(30) year period, or dur'mg the last year of any subsequent ten (la) year extension period, fifty-one
(51%) percent or more of the total votes (as determined in subparagraph 4.1 (c) hereinafter) entitled
to be cast by all Owners of all Properties subject to the provisions of this Declaration vote in favor
of terminating this Declaration at the end of its then current term at a Duly Called Meeting (as
hereinafter def'med) of the Owners of the Properties. The presence at said meeting of Owners or
ballots entitled to cast sixty (60) percent of the total vote of all the Owners of all the Properties shall
constitute a quorum. In the event that the Owners of the Properties vote to terminate this Declaration,
the Developer shall execute a certificate which shall set forth the Resolution of Termination adopted
bythe Owners, the date of the meeting of the Owners at which such Resolution was adopted, the date
that notice of such meeting was given, the total number of votes of all Owners of all the Properties,
the total number of votes required to constitute a quorum at said meeting, the total number of votes
present at said meeting, the total number of votes necessary to adopt a Resolution terminating this
Declaration, the total number of votes cast in favor of such Resolution, and the total number of votes
cast against such Resolution. Such certificate shall be recorded in the Clerk's Office and may be
relied upon for the correctness of the facts contained therein as they relate to the termination of this
Declaration.
(b) A "Duly Called Meeting" shall mean and refer to any open meeting of the Owners
of the Properties (or a portion of said Owners) called by the Developer for said purposes, subject to
the giving of proper notice and the quorum requirements established in subparagraph 4.1 (a) and in
paragraph 4.2 herein. "Proper notice" shall be deemed to be given when delivered personally or sent
by mail to each such Owner not less than thirty (30) days in advance of said meeting. There shall
be sent with such notice a statement of certain motions to be introduced for vote of the Owners and
a ballot on which each Owner may vote for or against each motion. Each ballot which is presented
at such meeting shall be counted in calculating the quorum requirements for said meeting, provided,
however, such ballots shall not be counted in determining whether a quorum is present to vote upon
motions not appearing on the ballot.
(c) The votes to which each Owner of Property subject to this Declaration shall be
entitled shall be determined as follows:
(i) The Owner of any Property which is also subject to the provisions of the Joint
Declaration shall be entitled to as many votes as equals the total number of votes to which he is
entitled as a Type "A" Member of the Association as de£med and determined in said Declaration.
39 00SN0240/WP/JUNE28M
(ii) The Owner of any Property which is not subject to said Declaration shall be entkled
to as many votes as equals the total number of votes to which he would be entitled as a Type "A"
Member of the Association if his Property were to be subjected to said Declaration.
4.2. Amendment. All proposed amendments to this Declaration shall be submkted to a
vote of the Owners of Properties substantially affected by a change in Covenants at a Duly Called
Meeting of said Owners. Unless the contrary shall be determined by a court of equky jurisdiction,
"substantially affected" shall mean those Properties shown on (a) the. plats showing the Properties
to be modified in permitted use by the change, and (b) the plats which subdivided the Property
immediately abutting the Property shown on plats identified in recorded in the Clerk's Office. Any
such amendment shall be deemed approved if two-thirds (2/3) of the votes (as determined in
subparagraph 4.1(c) hereinabove) cast at such meeting vote in favor of such amendment. The
presence at said meeting of Owners or ballots entkled to cast sixty (60%) percent of the total vote
of all the Owners of Property substantially affected by a change in Covenants shall constkute a
quorum. If the required quorum is not present at said meeting, the Developer may, in its sole and
uncontrolled discretion, call another meeting or meetings subject to the giving of proper notice, and
the required quorum at such subsequent meeting or meetings shall be one-half (½) of the required
quorum at the preceding meeting. If any proposed amendment to this Declaration is approved by
the Owners as set forth above, the Developer shall execute an Addendum to this Declaration which
shall set forth the amendment, the effective date of the amendment (which in no event shall be less
than sixty (60) days after the date of the meeting of the Owners at which such amendment was
adopted), the date of the meeting of the Owners at which such amendment was adopted, the date that
notice of such meeting was given, the total number of votes of Owners of Properties substantially
affected by such amendment, the total number of votes required to constitute a quorum at a meeting
of said owners, the total number of votes of said Owners present at said meeting, the total number
of votes necessary to adopt such amendment, the total number of votes cast in favor of such
amendment, and the total number of votes cast against such amendment. Such Addendum shall be
recorded in the Clerk's Office.
4.3. Additional Covenants. The Developer hereby reserves the right to add
additional restrictive covenants in respect to lands within the Properties to be conveyed in the future
by the Developer to the Association or to any other third party, or to limit therein the application of
these Covenants. The right to add additional restrictions or to limit the application of these
Covenants shall be reasonably exercised.
4.4. Additions. (a) The Developer hereby reserves the right to bring within the plan
and operation of this Declaration any other property acquired by the Developer which is adjacent to
or near the Properties. Such property may be subjected to this Declaration as one parcel or as several
smaller parcels simultaneously or at different times. The additions authorized herein shall be made
by recording a Supplementary Declaration of Rights, Restrictions, Aff'Lrmative Obligations and
Conditions with respect to the additional property which shall extend the operation and effect of the
Covenants to such additional property. Such Supplementary Declaration may contain such
complementary additions and/or modifications of the Covenants as may be necessary or convenient,
in the determination of the Developer, to reflect the different character, if any, of the added
properties and as are not inconsistent with the plan of this Declaration, but such modifications shall
40 00SN0240/WP/JUNE28M
have no effect upon the Property described in Exhibit "A" or upon any other prior additions to the
Properties.
(b) Upon the prior written approval of the Developer, the owner of any property
who deskes to bfmg such property within the plan and operation of this Declaration and to subject
it to the jurisdiction of the Developer shall record a Supplementary Declaration of Rights,
Restrictions, AffLrmative Obligations and Conditions with respect to the additional property which
shall extend the operation and effect of the Covenants to such additional property. Such
Supplementary Declaration may contain such complementary additions and/or modifications as may
be necessary or convenient, in the determination of the Developer, to reflect the different character,
if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such
modifications shall have no effect upon the Properties described in Exhibit "A" or upon any other
additions to the Properties.
4.5. Enforcement. In the event of a violation or breach of any of the Covenants by any
Owner, tenant of such Owner, or agent of such Owner, the Owners of Properties in the neighborhood
or in Stoney Glen West, or any of them, jointly or severally, shall have the right to proceed at law
or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any
event. In addition to the foregoing, the Developer and/or the Association shall have the right to
proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation
or breach in any event.
4.6. Other Remedies. In addition to the foregoing, the Developer shall have the right,
whenever there shall have been placed or constructed on any Property in Stoney Glen West any
building, structure, object, material, or condition which is in violation of these restrictions, to enter
upon such Property where such violation exists and sununarily abate or remove the same at the
expense of the Owner, if after thirty (30) days wrttten notice of such violation it shall not have been
corrected by the Owner, tenant, or agent of the Owner; provided, however, that if the Developer in
its reasonable discretion determines that immediate corrective action is required, and such action is
not performed immediately by the owner, tenant, or agent of the Owner, the Developer or its agent
shall have the right to enter immediately and smnmarily abate or remove such violation at the
expense of the Owner. Any such entry and abatement or removal shall not be deemed a trespass.
4.7. No Trespass. Whenever the Developer or its agent is permitted by this Declaration
to correct, repair, enhance, improve, clean, preserve, clear out, remove, or take any action on any
Property or on the easement areas adjacent thereto, enter'rog the Property and taking such action shall
not be deemed a trespass.
4.8. No Waiver. The failure to enforce any Covenant, regardless of how long such
failure shall continue, shall not constitute a waiver of or a bar to such right to enforce.
4.9. Costs; Lien.
(a) Costs. Whenever the Developer is permitted by this Declaration to correct,
repair, enhance, improve, clean, preserve, clear out, remove, or take any action on any Property or
41 00SN0240/WP/JUNE28M
on the easement areas adjacent thereto and entitled to have such cost paid by the Owner of the
Property on or adjacent to which such corrective action is performed, the cost together with interest
thereon at the maximum annual rate permitted by law from the due date and costs of collection
therefor including a reasonable attorney's fee, shall be a charge and continuing lien on the real
Property and improvements thereon against which such cost is charged, in the hands of the then
Owner, his heirs, devisees, personal representatives, tenants, and assigns, and in addition shall also
be the personal obligation of the Owner of such real Property at the time when such cost becomes
due and payable. The cost of corrective action shall be billed at the completion of such corrective
action, and all bills shall be due and payable thirty (30) days from the date of mailing of same.
(b) Judgement. If the cost of corrective action billed to an Owner is not paid
within thirty (30) days after the due date, the Developer may bring an action at law against the Owner
personally to recover such cost, plus the costs ofprepar'mg the filing of the complaint in such action
and a reasonable attorney's fee; in the event a judgement is obtained, such judgement shall include
interest on the cost as above provided and a reasonable attorney's fee together with the costs of the
action.
(c) Subordination of Lien. The lien provided for herein shall be subordinate
to the lien of any first deed of trust now or hereafter placed upon any Property subject to these
Covenants. In the event a creditor (other than the Developer or the creditor of the Developer)
acquires title to any Property pursuant to foreclosure or any other proceeding or deed in lieu of
foreclosure, said creditor shall be subject to such lien placed upon such Property dur'mg the time in
which the creditor holds title to such Property.
4.10. Assignment of Rights.
(a) The Developer hereby reserves the right to assign in whole or in part to the
Association its rights under these Covenants to grant consents and approvals or make determinations
(or to withhold such consents or disapprovals), to establish rules and regulations, to administer and
enforce the provisions of this Declaration, and all other rights reserved herein by the Developer. The
assignment of such rights shall be subject to any conditions, limitations, or restrictions which the
Developer, in its sole and uncontrolled discretion, may elect to impose at the time of assignment.
Following the assignment of such rights, the Association shall assume all of the Developer's
obligations which are incident thereto (if any), and the Developer shall have no further obligation
or liability with respect thereto. The assignment of such right or rights by the Developer to the
Association shall be made by written instrument which shall be recorded in the Clerk's Office.
(b) Notwithstanding anything in the foregoing to the contrary, so long as the
Developer is the Owner of Property subject to the Provisions of this Declaration, the Developer, in
addition to and jointly with the Association, shall retain all rights of easement reserved unto it in this
Declaration, and shall, furthermore, retain all rights of entry granted in this Declaration for the
purposes of correcting, repair'rog, enhancing, improving, cleaning, preserving, clearing out,
removing, or taking any action to prevent a violation of these Covenants.
42 00SN0240/WP/JUNE28M
4.11. Appoin1~nent of Agent. The Developer hereby reserves the right to appoint the
Association its agent for the purpose of administering and enforcing, in whole or in part, these
Covenants and exercising the Developer's rights hereunder. Such appointment may be temporary
or permanent, and shall be subject to any conditions, limitations, or restrictions which the Developer,
in its sole and uncontrolled discretion, may elect to impose. Upon any such appoin1~nent of the
Association as agent by the Developer, the Association shall assume any obligations which are
incident thereto.
4.12. Declaration. The Declaration is being recorded contemporaneously herewith in the
Clerk's Office. Properties described in Exhibit "A" and Owners of Properties described in Exhibit
"A" shall also be subject to the provisions of the Declaration. Additional Properties brought within
the plan and operation of this Declaration pursuant to paragraph 4.4 hereinabove, and Owners of
such additional Properties, may become subject to the provisions of the Declaration, pursuant to the
rules and regulations stipulated in Article II of the Declaration.
4.13. Conformance With Zoning and Master Plan. Notwithstanding anything contained
herein to the contrary, all the provisions of these Covenants shall be subject to and conform with the
provisions of (i) the Zoning Ordinance of the County of Chesterfield, Virginia, and the rules and
regulations promulgated thereunder, as may from time to time hereafter be amended or modified,
and (ii) the Master Plan for the development of Stoney Glen West as approved by the Board of
Supervisors of the County of Chesterfield, Virginia, as may from time to time hereafter be amended
or modified.
4.14. No Liability. The Developer shall not be liable to any Owner or to any other person
on account of any claim, liability, damage, or expense suffered, incurred by, or threatened against
any Owner or such other person arising out of or in any way relating to the subject matter of any
reviews, acceptances, inspections, permissions, consents, required approvals or determinations which
must be obtained from the Developer or from the County of Chesterfield, Virginia, whether given,
granted, or withheld.
4.15. Consents Whenever any consent, approval or the right to make any
determination is required of or reserved for the Developer pursuant to this Declaration, unless
expressly stated to the contrary, such consent, approval or determination may be given, withheld or
made by the Developer upon any ground, including purely aesthetic considerations, which in the sole
and uncontrolled discretion of the Developer shall seem sufficient. In the event a written request for
any such consent, approval or determination (accompanied, where appropriate, by all documents
required to be delivered to the Developer in connection therewith) is neither granted nor denied
within thirty (30) days following the date of receipt by the Developer of the request, the Developer
shall be deemed to have waived the requirement for its consent or approval or waived its right to
make a determination.
4.16. No Obligation. The provisions of paragraphs 1.6, 1.10, 2.4(b), 3.3,3.6 and 4.9
of this Declaration shall not be construed to create any obligation on the part of the Developer to take
any action in connection with the matters set forth in such paragraphs.
43 00SN0240/WP/JUNE28M
4.17. Severability. Should any covenant herein contained, or any article, section,
subsection, sentence, clause, phrase, or term of this Declaration be declared to be void, invalid,
illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having
jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise
affect the other provisions hereof, which are hereby to be severable and which shall remain in full
force and effect.
GENERAL INFORMATION
Location:
Fronts the east line of Branders Bridge Road, north of Treely Road. Tax ID 786-642-8969
(Sheet 34).
Existing Zoning:
A
44 00SN0240/WP/JUNE28M
Size:
259 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-12; Single family residential or vacant
South - A; Single family residential or vacant
East - A, R-9, and R-15; Single family residential or vacant
West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along South Happy Hill Road and
ending adjacent to Branders Bridge Road, approximately 350 feet north of the request site.
There is an existing twelve (12) inch water line extending along Twin Cedars Road, and
ending adjacent to the eastern boundary of the request site. In addition, there is an existing
eight (8) inch water line along Hickory Glen Road, ending adjacent to the eastern boundary
of the request site. Use of the public water system is required by County Code, as the request
site is within the Southern and Western Area Land Use Plan boundaries.
In conjunction with tentative plan approval, the Utilities Department will be requir'mg that
the owner/developer extend a sixteen (16) inch water line along Branders Bridge Road for
the full road frontage of the request site. The required overall water and wastewater plan, as
called for in the County's Water and Sewer Specifications and Procedures, is to indicate the
phasing of the development and reflect the incremental extension of the sixteen (16) inch
water line.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along Timsbury
Creek adjacent to the northern boundary of the request site. In addition, there is an existing
ten (10) inch wastewater sub-trunk line extending along the southeast boundary of the
request site, adjacent to Hill Spring Subdivision. Use of the public wastewater system is
required by County Code, as the request site is within the Southern and Western Area Land
Use Plan boundaries.
45 00SN0240/WP/JUNE28M
ENVIRONMENTAL
Drainage and Erosion:
The request property drains directly into Timsberry Creek to the north and to a tributary of
Timsberry Creek to the south. No existing or anticipated on- or off-site drainage or erosion
problems.
To insure that proper erosion control devices are in place at the time of any land disturbance,
the applicant has agreed that there will be no timbering until a land disturbance permit has
been issued and approved erosion control devices are installed. (Proffered Condition 7)
Water Quality:
Timsberry Creek is a perennial stream. In accordance with the Chesapeake Bay Preservation
Act requirements, a 100 foot conservation area is required adjacent to this stream to preserve
water quality.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the FY 2000-2004 Capital Improvement Program and the Thoroughfare Plan. This
development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended
for construction by the year 2015 in the Public Facilities Plan. This property is currently
served by the Chester Fire/Rescue Station, Company Number 1 and Bensley-Bermuda
Rescue Squad.
Based on 450 homes, this request will generate approximately 100 emergency calls for fire
and rescue services each year. This proposal addresses the impact on fire service. (Proffered
Condition 2)
When the property is developed, the number of hydrants and quantity of water needed for
fire protection will be evaluated dur'mg the plans review process. To satisfy the requirement
of Section 17-79(h) of the County Subdivision Ordinance, when the cumulative total of
homes in this proposed development exceeds fifty (50) and/or when the number of homes
in any section, phases, etc. exceeds fifty (50), a second public road access to the development
must be provided. This requirement is necessary to provide emergency vehicles a second
access to the homes should the other entrance become blocked.
Schools:
46 00SN0240/WP/JUNE28M
Based on Countywide averages of the ratio of school children to dwelling units,
approximately 252 school age children could be generated by this development.
The site lies in the Harrowgate Elementary School attendance zone: capacity - 550,
enrollment - 590; Carver Middle School zone: capacity - 1,200, enrollment - 1,168; and
Thomas Dale High School zone: capacity - 1,325, enrollment - 1,738.
This development will have an impact on area schools. There are currently eleven (11)
trailers at Harrowgate Elementary and thirteen (13) at Thomas Dale High. Thomas Dale High
is currently undergoing renovations. Enrollment in the high school and the elementary
school is above capacity. When enrollment exceeds capacity, strategies other than new
facilkies would have to be utilized. Those strategies have included attendance zone changes,
trailers and use of off-site locations to house students. This proposal addresses the impact on
school facilkies. (Proffered Condition 2)
Libraries:
Consistent with Board of Supervisors' policy, the impact of development on library services
is assessed Countywide. Based on projected population growth, The Public Facilities Plan
identifies a need for addkional library space throughout the County. Taking into account the
additional space provided by the two (2) currently funded projects, the new La Prade and
Chester Libraries, there is still a projected need for 55,000 addkional square feet of library
space Countywide by 2015.
The proposed development would most likely have the greatest impact on the new Chester
Library, the Central Library or a possible future branch on, or near, Harrowgate Road. The
Public Facilkies Plan identifies a need for additional library space in this ama. The applicant
has addressed the impact on Library services. (Proffered Condkion 2)
Parks and Recreation:
The Public Facilkies Plan identifies the need for two (2) new regional parks in Chesterfield
County by 2015. This development will have an impact on parks and recreational facilkies.
The applicant has addressed the impact of this development on these facilities. (Proffered
Condkion 2)
47 00SN0240/WP/JUNE28M
Transportation:
The applicant has proffered a maximum densky of 450 lots (Proffered Condkion 1). Based
on single family trip rates, development could generate approximately 4,140 average daily
trips. These vehicles will be distributed along Branders Bridge Road which had a 1999
traffic count of 1,548 vehicles per day.
Included in the Virginia Department of Transportation (VDOT) Secondary Road
Improvement Program is a project to reconstruct Branders Bridge Road as a 2-lane roadway
from the Carver Heights Drive intersection to the South Happy Hill Road intersection.
Construction is anticipated to begin in Spring 2005.
The Thoroughfare Plan identifies Branders Bridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate
forty-five (45) feet of right of way, measured from an approved revised centerline for
Branders Bridge Road, in accordance with that Plan. (Proffered Condition 3)
Access to major arterials, such as Branders Bridge Road, should be controlled. The
applicant has proffered that direct access to Branders Bridge Road will be limked to three
(3) accesses, generally located: 1) towards the northern property line; 2) midway of the
Branders Bridge Road property frontage; and 3) towards the southern property line.
(Proffered Condkion 4
The Planning Commission Stub Road Policy suggests that subdivision streets projected to
carry 1,500 vehicles per day or more, should be designed and constructed as "no-lot
frontage" roads. Based on the anticipated traffic volumes generated by development of the
property, k may be necessary to design and construct residential collectors (i.e. "no-lot
frontage" roads) through part of the property.
Cedar Cliff and Twin Cedars are subdivisions that border the eastern boundary of the
property. In conjunction wkh recordation of those subdivisions, three (3) stub road rights
of way (i.e., Hickory Glen Road, an unnamed stub connection extending from Cedar Cliff
Road, and Twin Cedars Road) were provided to the subject property. The applicant has
proffered that there will be no road connection or individual lot access to these stub roads.
(Proffered Condkion 10)
Mkigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to: 1) construct addkional pavement along
Branders Bridge Road at each approved access to provide left and right turn lanes, based on
Transportation Department standards; and 2) relocate the ditch to provide an adequate
shoulder along the east side of Branders Bridge Road for the entire property frontage.
(Proffered Condkion 5)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads such as Branders Bridge Road, have narrow
48 00SN0240/WP/JUNE28M
pavement, minimal shoulders and poor alignments. These roads need to be improved to
address safety and accommodate the significant increase in traffic generated by this
development. The increase in traffic generated by this development will significantly
increase the need for transportation improvements in the area. The applicant has proffered
to contribute the maximum cash proffer recommended in the Boards's Cash Proffer policy,
this mount will only mitigate some of this impact (Proffered Condition 2). Additional
funding for road improvements will be needed. As previously noted, the only project
currently in VDOT Secondary Road Improvement Program is the reconstruction of Branders
Bridge Road from Carver Heights Drive to South Happy Hill Road.
At time of tentative subdivision review, specific recommendations will be provided
regarding access and internal street network.
49 00SN0240/WP/JUNE28M
Financial Impact on Capital Facilities:
PER UNIT
Potential # of New Dwelling Units 450* 1.00
Population Increase 1246.50 2.77
Number New Students
Elementary 121.50 0.27
Middle 58.50 0.13
High 72.00 0.16
Total 252.00 0.56
Net Cost for Schools 1,492,200 3,316
Net Cost for Parks 316,350 703
Net Cost for Libraries 126,900 282
Net Cost for Fire Stations 120,600 268
Average Net Cost for Roads 921,150 2,047
Total Net Cost 2,977,200 6,616
*Based on a proffered maximum density of 450 units.
As noted, this proposed development will have an impact on capital facilkies. Staff has
calculated the fiscal impact of every new dwelling unk on schools, roads, parks, libraries and
fire stations at $6,616 per unk. The applicant has been advised that a maximum proffer of
$6,200 per unk would defray the cost of the capkal facilkies necesskated by this proposed
development. Consistent with the Board of Supervisors' policy, and proffers accepted from
other applicants, the applicant has offered cash to assist in defraying the cost of this proposed
zoning on such capital facilities. (Proffered Condkion 2)
50 00SN0240/WP/JUNE28M
Note that circumstances relevant to this case, as presented by the applicant, have been
reviewed and it has been determined that it is appropriate to accept the maximum cash
proffer in this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 units per acre.
Area Development Trends:
Area development is characterized by a mix of residential and agricultural zonings and land
uses. Properties to the north have developed for lots in Lippingham and Hampstead Place
Subdivisions, and properties to the east have developed for lots in Cedar Cliff, Twin Cedars
and Hill Spr'mg Subdivisions. These subdivisions are zoned Residential (R-9), Residential
(R-12) and Residential (R-15). It is anticipated that existing area single family residential
zoning and land use patterns will continue.
Zoning History:
On April 14, 1999, the Board of Supervisors denied a request to rezone the subject property
to Residential (R-15) (Case 99SN0141). The major differences between the 1999 case
considered and the current proposal is shown on the attached chart.
Comparison of Area Density and Lot Size with the Applicant's Proposal:
Subdivisions lying adjacent to the north and east boundaries of the request property have
developed with densities ranging from approximately 1.6 to 3.4 units per acre. Lippingham
has developed at densities ranging between 1.7 and 1.9 units per acre and an average lot size
of 20,340 square feet. Hampstead Place has developed at densities ranging between 1.6 and
1.7 units per acre and an average lot size of 23,040 square feet. In Lippingham and
Hampstead Place, lots lying immediately adjacent to the request property have developed
with sizes ranging from approximately 23,087 to 106,286 square feet.
Several sections of Stoney Glen lie to the east. Cedar Cliff has developed at denskies
between 1.8 and 3.4 unks per acre and an average lot size of 13,720 square feet; Twin Cedars
has developed at a densky of 2.2 units per acre and an average lot size of 14,393 square feet;
and Hill Spring has developed at a densky of 2.5 unks per acre and an average lot size of
14,254 square feet. In Cedar Cliff, Twin Cedars and Hill Spring Subdivisions, lots lying
immediately adjacent to the request property have developed wkh sizes ranging from
approximately 9,148 to 30,056 square feet.
51 00SN0240/WP/JUNE28M
The applicant has proffered a maximum of 450 lots (Proffered Condition 1) yielding a
density of approximately 1.7 units per acre. The overall minimum lot size would be 15,000
square feet.
Site Design:
Development must comply with the Zoning and Subdivision Ordinances. Since Branders
Bridge Road is a major arterial, the Subdivision Ordinance prohibits lots from fronting the
road and will require greater setbacks. Access into the subject property is planned from
Branders Bridge Road only and will not include connections or individual lot accesses to the
adjoining subdivisions to the east. (Proffered Condition 10)
Proffered Condition 9 limits the number of single family building permits to a maximum of
fifty (50) per year until January 1, 2005. Staff understands that the intent is to address
concerns expressed at meetings with area citizens relative to the impact of the development's
traffic on Branders Bridge Road. Branders Bridge Road from Carver Heights Drive to South
Happy Hill Road is proposed in the Secondary Road Improvement Program for
improvements.
At the request of Stoney Glen residents, the applicant has also agreed that a twenty-five (25)
foot area adjacent to Cedar Cliff, Twin Cedars and Hill Spr'mg Subdivisions would be
dedicated to the Stoney Glen Community Associations, Inc. (Proffered Condition 12). This
area is intended to provide additional separation from the proposed development and
adjacent homes in those subdivisions.
Dwelling Unit Sizes:
To address neighborhood concerns relative to compatibility of development with area
properties, a proffered condition has been submitted which requires a minimum dwelling size
of 2,000 square feet of gross floor area. (Proffered Condition 11)
Architectural Treatment:
To address neighborhood concerns relative to the architectural treatment of the foundations
of dwellings, the applicant has proffered that they will all be faced with brick. (Proffered
Condition 8)
Development Name:
Area property owners have expressed concerns about the possibility of the proposed
development being named Stoney Glen West. To address those concerns, the applicant has
proffered that the development would not be named "Stoney Glen West". (Proffered
Condition 13)
Restrictive Covenants:
52 00SN0240/WP/JUNE28M
Proffered Condition 14 would require recordation of the Stoney Glen West restrictive
covenants for the subject property. It should be noted that the County will only insure the
recordation of the covenants and will not be responsible for their enforcement. Once the
covenants are recorded, they can be changed.
CONCLUSIONS
The Southern and Western Area Plan suggests that the request property would be appropriate for
residential use of 2.51 to 4.0 units per acre. The applicant's proposal for 450 dwelling units yielding
a density of approximately 1.7 dwelling units per acre, conforms to the Plan.
The proffered conditions address issues relative to the impact on capital facilities, as outlined in the
Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries,
fire stations and transportation facilities is identified in the County's adopted Public Facilities Plan,
FY 2000-2004 Capital Improvement Program and Thoroughfare Plan and the impact of this
development is discussed herein. The proffered conditions mitigate the impact on these capital
facilities and thereby ensure that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens in accordance with the Board' s policy.
Given these considerations, staff recommends approval of this request.
CASE HISTORY
Planning Commission Meeting (6/20/00):
The applicant accepted the recommendation. There was no opposition present.
Messrs. Gulley and Gecker indicated their concerns that the cash proffer, although consistent
with the Board's policy, would not adequately address the impact of the development on
capkal facilkies, especially area roads.
On motion of Mr. Cunningham seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered condkions on pages 2 through 44.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, June 28, 2000, beginning at 7:00 p.m., will take under
consideration this request.
53 00SN0240/WP/JUNE28M
Comparison of Case 99SN0141 and Case 00SN0240
CPC 99SN0141 BOS 99SN0141 NOW 00SN0240
# of Lots 400 450 Same
Impact on Capital $3,500 per du. $6,200 per du Same
Facilkies Dedicate 25 acs to County
R/W Dedication 45 ft from centerline Same Same
Branders Bridge Rd
# Accesses to 3 Same Same
Branders Bridge Rd
Road Improvements 1. Left & fight turn lanes Same Same
on Branders Bridge Rd
2. Relocate dkch on
Branders Bridge Rd
Subdivision Plans CPC approval Staff approval Same
Access to Adjacent None unless required by None Same
Subdivisions County. If required to
connect:
A) Developer to petkion
VDOT to install 4-way
stop signs at certain
intersections in Stoney
Glen;
B) Stub road extended as
a "T" intersection;
C) Stub road extension to
have minimum pavement
width; and
D) Prohibk construction
traffic through Stoney
Glen.
Timber'mg None, unless plans Same Same
approved by
Environmental
Engineering
WP/JUNE00/IUNE3/st
CPC BOS NOW
Dwelling Unit Brick face Same Same
Foundation
Dwelling Unit Size 2,000 sq ft 2,000 sq ft
including attached excluding attached
garages garages
Access Branders Bridge Rd Same Same
Development 100 occupancy 50 building
Phasing permits prior to permits per year
6/1/02 thru 1/1/05'
Restrictive Similar to Stoney Glen Same Same
Covenants West
Tree Preservation None 25 feet 25 feet to be
Adjacent to Cedar dedicated to
Cliff, Twin Cedars Stoney Glen
and Hill Spring Communky
Subdivisions Association
Lot Sizes Adjacent to 15,000 sq ft 16,000 sq ft 15,000 square feet
Cedar Cliff, Twin
Cedars and Hill
Spring Subdivisions
*Branders Bridge Road between Route 10 to South Happy Hill Road is tentatively scheduled for
reconstruction as a two-lane road beginning in the Spring of 2005. If constructed on schedule,
completion is not anticipated until Spring of 2006.
WP/JUNE00/IUNE3/st
A
A
R~12
500 0 500 1000
Feet
Case #: 00SN0240
Rezoning: A TO R-15