99SN0141February 24, 1999 BS
RF__~UEST ANALYSIS
AND
RECOMMEN,ATION
99SN5141
J. K. Tim_mom
Bermuda Magisterial District
East line ef Branders Bridge Road
~: Re?.ning frem Alricultural (A) t~ l~esidential (R-15).
PROPOSED L~N, 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 455 lots yielding a density of approximately 1.7 units per acre.
(NOTE: DUE TO AN A~VERTISING ISSUE RELATED TO TilE AMENDED
PROFFERS, THIS CASE MUST BE ~EFERRED BY THE BOARD TO ALLOW
PROPER ADVERTISEMENT.)
PLANNING C~MMISSION RECOMMENDATION
RECOMMEND DENIAL.
(NOTE: Since the Pl~ning Commission's consideration of this case, the applicant has modified
the proffered conditions, as stated herein. This "Request Analysis" addresses the modified
proffers and NOT the proffers considered by the Commission. The analysis does list the proffers
considered by the Commission.)
STAFF RECOMMENDATION
Recommend approval for the following reason:
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 to 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 1999-2003 Capital Improvement
P. rograllI1 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
(NOTE: THE FOLLOWING PROFFERS WERE THOSE CONSIDERED BY TIlE
COMMISSION. SINCE TIlE COMMISSION'S CONSIDERATION OF THIS CASE, TIlE
PROFFERS HAVE BEEN AMENDED ,AND ARE REFLECTED FOLLOWING THIS LIST
OF PROFFERS.) ~ · ~
1. 'A maximum of 400 residential lots shall be permitted.
(NOTE: Using the Chesterfield County formula for a maximum density, wherein
the R-12 zoning classification provides for 3.63 lots per acre, and R-15 provides
for 2.90 lots per acre, and using the total acreage of 259.7 acres, whereas this
equates to 942 lots and 753 lots respectively, a maximum of 400 lots will be
permitted on, ~e property.)
The applicant,,subdivider~ or assignee(s) shall pay $3,500.00 per dwelling unit to
the County of.: Chesterfield prior to the issuance of a building permit for
infrastructure improvements within the service district for the property. The
amount per dwelling unit proffered shah be prorated by Chesterfield County's
Budget and Management Department to the five capital,'improvement categories
used in calculating the fiscal,, impact in amounts proportionate to the Board of
Supervisor's established maximum amount. In the ex~nt the cash P~iYment is not
used for the purpose for which proffered within 15 years of receipt, the cash shall
be returned in full to the payor.
Prior to approval of the first tentative subdivision, twenty-five (25) contiguous
acres of the subject Property, as shown on a plat prepared by the Timmons Co.,
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99SN0141/WP/FEB24II
o
o
dated November 19, 1998, shall be dedicated to and for Chesterfield County, free
and unrestricted.
Prior to any tentative subdivision approval, a revised centerline, based on VDOT
urban minor arterial standards (50 mph) with modification approved by the
Transportation Department, 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 part
of Branders Bridge Road immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County.
Direct access to Brander's 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 Department.
To provide an adequate roadway system, the developer shall be responsible for the
following:
a)
b)
Construction of additional pavement along Branders Bridge Road at each
approved access to provide left and right turn lanes, based on
Transportation Department standards;
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
fight of way (or easements) required for the improvements identified above.
Prior to any road and drainage plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 6, shall be submitted to and
approved by the Transportation Department.
Tentative subdivision plans shall be submitted to the Planning Commission for
review and approval.
The use of the three stub roads east of the property shall not be used for ingress
or egress to the subdivision unless Chesterfield County requires one or more of the
roads be open and extended.
3 99SN0141/WP/FEB24II
10.
Except for timbering approved by the Virginia State Department of Forestry for
the purpose of removing dead or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been installed.
11. The foundations of all dwelling units shall be faced with brick.
12.
A maximum of 100 occupancy permits (temporary or final) shall be issued prior
to June 1, 2002.
13. The initial development shall have a. public road access via Branders Bridge Road.
14.
There shall be no public road connections to any stub roads in Cedar Cliff or
Twin Cedars unless required by the County at the time of tentative subdivision
review. Should such a connection be required by the County, the following shall
be accomplished.
The owner/developer shall petition VDOT to approve installation of four-
way stop signs in Stoney Glen at those intersections deemed appropriate by
the Chesterfield Transportation Department for the purpose of minimizing
cut through traffic and speeding. If four-way stops are approved, the
developer shall be responsible for installation of the stop signs.
Any connection to a stub road extended into the property shall be designed
and constructed as a "T" intersection as it enters the property.
Co
Any stub road connection shall have the minimum pavement width that
would be approved by VDOT.
do
The connection to any stub road shall not occur until required by the
County.
The owner/developer shall take measures to prohibit the development's
construction traffic from utilizing roads in Stoney Glen.
15.
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.
(NOTE: The restrictive covenants referred are shown following Proffered Condition 14 of the
revised list of proffers.)
99SN0141/WP/FEB24II
(NOTE: TIlE FOLLOWING PROFFERED CONDITIONS HAVE BEEN OFFERED SINCE
THE COMMISSION'S CONSIDERATION OF THIS CASE.)
pROFFERED CONDITIONS
(Staff)
1. A maximum of 450 residemial lots shall be permitted.
(Staff) 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, 1999; or
bo
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, 1998, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 1999.
In the evem 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.
(Staff) 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 Department, 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 part of Brandeis Bridge Road
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
(Staff) 4.
Direct access to Brander's 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 Trangportation Department.
(Staff). 5.
To provide an adequate roadway system, the developer shall be responsible
for the following:
5 99SN0141/WP/FEB24II
(Staff)
(Staff)
(Staff)
(staff)
(Staff)
(Staff)
(StafD
ge
10.
11.
12.
Construction of additional pavemem along Branders Bridge Road at
each apProved access to provide left and right mm lanes, based on
Transportation Department standards;
Relocation of the ditch to provide an adequate shoulder along the
east side of Branders Bridge Road for the entire property frontage;
and
Dedication to Chesterfield County, free and unrestricted, any
additional right of way (or easements) required for the
improvements identified above.
Prior to any road and drainage plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 6, shall
be submitted to and approved by the Transportation Department.
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there shall be
no timbering on the Property until a land disturbance permit has been
obtained from the Environmental Engineering Department and the approved
devices have been installed.
The foundations of all dwelling units shall be faced with brick.
A maximum of 100 occupancy permits (temporary or final) shall be issued
prior to June 1, 2002.
There shall be no road connections or individual lot access to Cedar Cliff
or Twin Cedars Subdivisions.
All dwelling units shall have a minimum gross floor area of 2,000 square
feet. Gross floor area shall be defined as the sum of the horizontal area of
all floors of a building measured from the exterior walls, but not including
outside storage areas, carports, enclosed porches or rooftop enclosures
housing.
A twenty-five (25) foot tree preservation area shall be maintained adjacent
to Cedar Cliff, Twin Cedars and Hillspring Subdivisions. All trees, except
dead, diseased or dying trees, eight (8) inches or greater in caliper shall be
retained within this preservation area. The preservation area shall be
exclusive of required yards.
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99SN0141/WP/FEB24II
(Staff) 13.
Any lot adjacent to Cedar Cliff, Twin Cedars and Hillspring Subdivisions
shall have a minimum to size of 16,000 square feet.
(Staff) 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 reference 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.
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"), affn-mative
obligations, and liens (all hereinafter sometimes referred to as ("Covenants") hereinafter set forth.
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.
Co) "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.
7 99SN0141/WP/FEB24II
(c) "Developer" shall mean Stoney Glen West Limited Parmership, a Virginia Limited
Parmership, 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 site 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 fLrst day of the quarter of the year following (i)
the date of recording of the Plat in the Clerk's Office of the Circuit 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 within 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, firms, 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 under said contract and not the fee simple title holder. A
long-term contract of sale shah 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.
99SN0141/WP/FEB24II
(j) "Member" shall mean and refer to all those Owners who are Members of the
Association as defined 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 with 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 acquired or leased by the Association
if said property is designated a "Common Property". All Common Properties are to be devoted
to and intended for the common use and enjoyment of the Members of the Association, their
guests, Tenants (to the extent permitted by the Board of Directors of the Association), and visiting
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 their 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 committed 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 Directors 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.
(p) "Clerk's Office" shall mean and refer to the office of the Clerk of the Circuit Court
of Chesterfield County, Virginia.
9 99SN0141/WP/FEB24II
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 definition
extend from the date hereof to January 1, 1999, the Developer shall have the fight, 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 during 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 Properties by the Zoning Ordinance of the County of Chesterfield,
10
99SN0141/WP/FEB24II
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 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.
(b) ~. 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.
11 99SN0141/WP/FEB24II
(d) Additional lands which become subject this Declaration under the provisions
of this Section II may in the furore 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.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. l~li~7.1]lill. The Developer, every Owner, and any creditor who acquires
title to t.he 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.
~. _'.'.~. The Association shall have the following types of
membership:
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 entitled to
elect a portion of the Board of Directors as set out in Section 4 of this Article III.
Payment of Special Assessments shall not entitle Type "A" Members to additional votes.
When any Property entitling 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 entities, whether
fiduciaries, joint tenants, tenants in common, tenants in parmership or in any other manner of
joint or common ownership, or if two (2) or more persons or entities have the same fiduciary
relationship respecting the same Property, then unless the instrument or order appointing them or
creating the tenancy otherwise directs and it or a copy thereof is filed with the Secretary of the
Association, their acts with 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
entitled to its proportionate share of the vote or votes.
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99SN0141/WP/FEB24II
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.
~. 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, 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 li 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
13 99SN0141/WP/FEB24II
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 requiring a Referendum without complying with the
provisions hereof. At any time that the Type "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 fkst 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 IV
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 (I/2) of the required quorum at the preceding meeting.
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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.
~. 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. ]talll~_.ll.~M~. 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 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 1211, provided, however,
such ballots shall not be counted in determining whether a quorum is present to vote upon motions
not appearing on the ballot.
PROPERTY RIGHTS IN THE COMMON PROPERTIES
~. 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
15 99SN0141/WP/FEB24II
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 fees established by the
Board of Directors.
~ti9.I1_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, Affn'mative 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 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
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99SN0141/WP/FEB24II
Section 4 of this Article IV, and (ii) the Developer may elect in its sole and uncontrolled
discretion to operate certain facilities within Intended Common Properties until such time as said
facilities 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.
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 affirmative vote at a duly called meeting of
the Association;
Co) 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;
17 99SN0141/WP/FEB24II
(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 affn-mative 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 m, 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 instrument 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. 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.
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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 fLxed, 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 on the 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
19 99SN0141/WP/FEB24II
essential functions of the Association will be properly funded by such greater or lesser
Assessment.
If the Board of Directors shall levy less than the Maximum Regular Annual Assessment
for any Assessment year and thereafter, during 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, it 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, it 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
(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 credit card service as such Billing Agent,
the Board of Directors shall have the power to authorize the opening of a credit card account in
the name of each Owner and the issuance of a credit card to each Owner for the payment of
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99SN0141/WP/FEB24II
Assessments, subject to approval of the credit card service, and each such Owner shall be required
to utilize the approved credit 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 first 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. City Average, All Items (1967-100) CC.P.I.") issued by the
U.S. Bureau 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 facilities 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
21 99SN0141/WP/FEB24II
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 investments 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
(c) initial costs of any new service to be performed by the Association.
fte..~i.Ol~. Change in Maximum Amounts of Annual Assessments Upon Merger or
~. The limitations of Section 3 hereof shall apply to any merger or consolidation in
which the Association participates.
~¢li.(Ztl_2. 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
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99SN0141/WP/FEB24II
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
bring 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.
Section 10. Subordination of the Lien. The Lien of the Assessments provided for herein
shall be subordinate to the lien of any fa:st 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 I 1. 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. &KIII~!_B. Bllg~. 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 ali Members at all reasonable times.
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:
23 99SN0141/WP/FEB24II
(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;
Co) 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;
(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 are 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)
signs;
maintenance of neighborhood entrance signs, directional signs, and other area
(d) lighting of roads, sidewalks, walking paths, bike trails, parking lots, and any
recreational and community facilities located within the Properties;
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99SN0141/WP/FEB24II
(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;
(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 financial; 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.
25 99SN0141/WP/FEB24II
~. Minimum List of Functions and Services. The "Minimum List of Functions
and Services" shall establish and defme the minimum level of functions and services which the
Association must furnish to its Members. So long as the Developer is engaged in the development
of Properties which are subjecf to the terms of this Declaration, the Association shall not reduce
the level of functions and services it furnishes to its Members below such minimum level without
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;
(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
26
99SN0141/WP/FEB24II
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
responsibility of administering 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;
(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 within 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
27 99SN0141/WP/FEB24II
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 affirmative vote of fifty-one (51%) percent of the votes cast by the Type "A"
Members at a duly called meeting of the Association.
~q,.C, Iigl~. 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 with the prior consent
of two-thirds of the Members of the Association, which consent may be evidenced by petition or
by an affirmative 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 limit 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 bv 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.
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
purpose of administering 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 stmctures 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 appointment of the
Association as agent by the Developer, the Association shall assume 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
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Developer, in its sole and uncontrolled discretion, may elect to impose at the time of assignment.
Following the assigmment 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.
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, repairing, enhancing, improving, cleaning, preserving, clearing 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 affh-mative action.
~. The Architectural Review Board. Should the Developer designate the
Association its agent or its 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, finish, plot plan, landscape plan, and construction
schedules for any or all buildings or structures to be erected within any or all of the Properties
as specified in Section 1 hereinabove, the Association shall establish and operate an Architectural
Review Board for the purpose of administering 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.
GENERAL PROVISIONS
~. ~. These Covenants and any amendments thereto shall run with and
bind the land subject hereto, and shall inure to the benefit of and be enfomeable 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 (10) years. The number of ten (10) year
extension periods hereunder shall be unlimited, provided, however, that there shall be no
extension of this Declaration if during the last year of the initial thirty (30) year period, or during
the last year of any subsequent ten (10) 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
29 99SN0141/WP/FEB24II
Members of the Association shall vote in favor of terminating this Declaration at the end of its
then current term. 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 correcmess of the facts contained therein as they relate to the termination of this Declaration.
5~tJllB.2. ~agllfllRe, I~. 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 112I, 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.
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 affvced, to the address appearing 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
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99SN0141/WP/FEB24II
any change of address. Any person who becomes a Member following the fin:st 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.
~. Fall,fi~r.c..~le~. 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. ~,.v..erahfl~. 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 final and
binding. In all cases, the provisions of this Declaration shall be given that interpretation or
construction that will best tend toward the consummation of the general plan of improvements.
~. 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;
(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.
31 99SN0141/WP/FEB24II
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 instruments or documents to or for the
benefit of any other person, faro, or corporation.
~. 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 (10) 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 (10) 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 1, 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 adjustments set forth
in subparagraph (b) immediately below.
(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 amount 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.
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99SN0141/WP/FEB24II
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 aff'n'matively acknowledges its acceptance
of the duties imposed hereby.
(0 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.
33 99SN0141/WP/FEB2411
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 furore within the Properties, or to
limit therein the application of this Declaration.
"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 pannership, 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
rights 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 Supplimental 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 StOrley Glen West is subject to continuing revision and
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99SN0141/WP/FEB24II
change by the Developer, present and future references to the "Master Plan" shall be references
to the latest revision thereof.
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.
PART I
COVENANTS, RESTRICTIONS AND AFFIRMATIVE
OBLIGATIONS APPLICABLE TO ALL
PROPERTIES IN STONEY GLEN WEST
The primary purpose of these covenants, restrictions and affh'mative 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, def'me, 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 finish, roofing material, siding material, driveway
35 99SN0141/WP/FEB24II
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 confines 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 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 measuring 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 (10) feet of a building or within ten (10) 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.
1.4. ~,ll~. 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.
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99SN0141/WP/FEB24II
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 define 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. P. argillg. 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.
1.8. 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 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. P1jblic 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
releaseable 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
37 99SN0141/WP/FEB241I
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. Ante~a. 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 prohibit 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) ShouId 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.
1.13. ~. 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. Definition. "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.
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99SN0141/WP/FEB24II
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 prohibit the Developer from
using any dwelling units or accessory buildings as models. In addition, the Developer may grant
permission to any builder to use any specific dwelling unit or accessory building as a model;
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, fLres, national emergency or natural calamities. Dwelling units and other structures may
not be temporarily or permanently occupied until the exteriors thereof have been completed.
During 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
39 99SN0141/WP/FEB24II
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).
(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 finish, 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.
Co) 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.
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 during construction of the main dwelling
40
99SN0141/WP/FEB24II
unit shall be placed upon any Residential Lot at any time. Temporary shelters or structures
permitted during 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 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.
41 99SN0141/WP/FEB24II
3.3. Illlp. r.O_Y.edllg. I~. 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 facilities
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 llI 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 joimly with the Association, shall retain all rights of easemem and emry granted for the
purposes of correcting, repairing, enhancing, improving, cleaning, preserving, clearing out,
removing, or taking any action to prevem 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 Parmership ("Declaration"), which is being recorded in the
Clerk's Office contemporaneously herewith.
PART IV
ADDITIONS, LIMITATIONS; DURATION AND
VIOLATION OF COVENANTS
4.1. Term. (a) All Covenants set forth in this Declaration and any amendments thereto
shall mn 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 of ten
(10) years. The number of ten (10) year extension periods hereunder shall be unlimited, provided,
42
99SN0141/WP/FEB 2411
however, that there shall be no extension of this Declaration if during the last year of the initial
thirty (30) year period, or during the last year of any subsequent ten (10) 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 by the 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 t.he 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 def'med and determined in said Declaration.
(ii) The Owner of any Property which is not subject to said Declaration shall be entitled
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. &rlLeXtgllIlr~. All proposed amendments to this Declaration shall be submitted 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 equity
43 99SN0141/WP/FEB24II
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. l(c) hereinabove) cast at such meeting vote in favor of such
amendment. The presence at said meeting of Owners or ballots entitled to cast sixty (60%)
percent of the total vote of all the Owners of Property substantially affected by a change in
Covenants shall constitute 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 (1/2) 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, Affirmative
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 have no effect upon the Property described in Exhibit
"A" or upon any other prior additions to the Properties.
99SN0141/WP/FEB24II
(b) Upon the prior written approval of the Developer, the owner of any
property who desires to bring 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, Aff'u'mative 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. ~. 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 summarily abate or remove the same
at the expense of the Owner, if after thirty (30) days written 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 summarily 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, entering 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.
(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
45 99SN0141/WP/FEB241I
or 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) ~. 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 of preparing 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 U'ust 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 during
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 ali 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.
Co) 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
46
99SN0141/WP/FEB24II
for the purposes of correcting, repairing, enhancing, improving, cleaning, preserving, clearing
out, removing, or taking any action to prevent a violation of these Covenants.
4.11. Appointment 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
appointment 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 roles 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 Liabili_ty. 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.
47 99SN0141/WP/~24II
4.16. l~lL.Qhliglt~a. The provisions of paragraphs 1.6, 1.10, 2.40>), 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.
4.17. 7~t.~Le. rll~,ll~. 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
Fronts the east line of Branders Bridge Road, north of Treely Road. Tax ID 786-642-8969
(Sheet 41).
Existing Zoning:
A
Size:
259.7 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - R-12; Single family residemial or vacam
South - A; Single family residemial or vacant
East - A, R-9, and R-15; Single family residential or vacant
West - A; Single family residential or vacant
Public Water System:
There is an existing sixteen (16) inch water line extending along South Happy Hill Road,
approximately 400 feet north of the request site. In addition, there is a twelve (12) inch
48
99SN0141/WP/FEB24II
water line extending along Twin Cedars Road and an eight (8) inch water line along
Hickory Glen Road, with both water lines ending adjacent to the east boundary of the
request site. Use of the public water system is required by County Code.
As the request property develops, public water should be extended through the property
and ultimately to adjacent property to the south. Concurrent with development of the
request property, the Utilities Department will, through the subdivision review and
approval process, work with the developer to insure that the water infrastructure is
extended along Branders Bridge Road to the southwest corner of the request site.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along Tirmberry
Creek, adjacent to the northern boundary of the request site. In addition, there is a ten (10)
inch wastewater sub-trunk 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.
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 Quali .ty:
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 1999-2003 Capital Improvement Program and the Thoroughfare Plan.
This development will have an impact on these facilities.
49 99SN0141/WP/FEB24II
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 Plan. This property is currently
served by the Chester Fire/Rescue Station, Company Number 1, and Bensley-Bermuda
Rescue Squad.
Based on 450 residential lots, this request will generate approximately 81 emergency calls
for fire and rescue services per 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 for fire
protection will be evaluated during the plans review process. Also, the need for
ingress/egress for emergency equipment will be determined during the review of the
aforementioned plans. Considering the number of dwelling units in this development,
multiple means of ingress/egress must be provided as required by the Subdivision
Ordinance. This will allow emergency personnel access should the main entrance(s) to the
subdivision become blocked.
Based on County-wide averages of the ratio of school children to dwelling units,
approximately 250 school age children could be generated by this development. It should
be noted, however, that the Stoney Glen Subdivision is generating approximately .86
students per dwelling unit. Using this ratio, the development could generate
approximately 390 school age children.
The site lies in the Harrowgate Elementary School attendance zone: capacity - 640,
enrollment - 592; Carver Middle School zone: capacity - 1,200, enrollment - 1,124; and
Thomas Dale High School zone: capacity - 1,325, enrollment - 1,757. The enrollment
at Thomas Dale High School exceeds capacity. Renovations are planned for Thomas Dale
High School in the Fall of 1999.
This development will have an impact on area schools. Growth from this development
will bring the elementary school above capacity. When enrollment exceeds capacity,
strategies other than new facilities would have to be utilized. Those strategies have
included attendance zone changes, trailers and use of off-site locations. This proposal
addresses the impact on school facilities. (Proffered Condition 2)
50
99SN0141/WP/FEB24II
Libraries:
Consistent with the Board of Supervisors' policy, the impact of developmem on library
services is assessed County-wide. Based on projected population growth, The Public
Facilities Plan identifies a need for additional library space throughout the County. Taking
into account the additional space which will be provided by two currently funded projects,
the new LaPrade and Chester Libraries, there is still a projected need for 55,000 additional
square feet of library space County-wide by 2015.
The proposed development would most likely have the greatest impact on either the new
Chester Library, the existing Central Library, or a future branch on, or near, Harrowgate
Road. The applicant has addressed the impact on Library services. (Proffered Condition
2)
Parks and Recreation:
The Public Facilities Plan idemifies the need to build new regional and community park
facilities by 2015. Currently, there are 774 acres of regional park and 579 acres of
community park facilities County-wide. The Plan, based upon staff analysis of current and
future population growth, compared to adopted levels of services, indicates there is a
current shomge of 202 acres of regional park facilities in the County. By 2015, if no
additional regional park facilities are built, there will be a projected deficiency of
approximately 675 acres of regional park space. The plan indicates community park
facility space is not evenly distributed throughout the County. The greatest shortage of
community park facilities is in the central and eastern area of the County. By 2015, if no
additional community park facilities are built, there will be a projected deficiency of
approximately 116 acres of community park space.
Park facilities should be provided in a variety of locations and be diversified to serve the
entire population of the County.
This development will have an impact on parks and recreational facilities. The applicant
has addressed the impact of this development on these facilities. (Proffered Condition 2)
Transportation:
The applicant has proffered a maximum density of 450 lots (Proffered Condition 1).
Based on single family trip rates, development of 450 lots could generate approximately
4,140 average daily trips. These vehicles will be distributed along Branders Bridge Road
which had a 1997 traffic count of 1,699 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
51 99SN0141/WP/FEB241I
roadway from the Carver Heights Drive intersection to south of the Happy Hill Road
intersection. Construction is anticipated to begin in Spring 2003.
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 limited to three
O) 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 Condition 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, it 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 with 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 Condition 10)
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to.' 1) construct additional 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 Condition 5)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards mitigating this impact. (Proffered Condition 2)
52
99SN0141/WP/FEB24II
Financial Impact on Capital Facilities:
PER UNIT
Potential # of New Dwelling 450* 1.00
Units
Population Increase 1255.50 2.79
Number New Students
Elementary 122.40 0.27
Middle 59.85 0.13
High 68.40 0.15
Total 250.65 0.56
Net Cost for Schools 1,458,000 3,240
Net Cost for Parks 328,500 730
Net Cost for Libraries 142,650 317
Net Cost for Fire Stations 126,900 282
Average Net Cost for Roads 912,150 2,027
Total Net Cost 2,968,200 6,596
*Based on a proffered maximum density of 450 units.
The need for schools, parks, libraries, fire stations and transportation facilities, in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and FY 1999-2003
Capital Improvements Program and further detailed by specific departments in the applicable
sections of this "Request Analysis".
As noted, this proposed development will have an impact on capital facilities. Staff has calculated
the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fn'e stations
53 99SN0141/WP/FEB24II
at $6,596 per unit. The applicant has been advised that a maximum proffer of $6200 per unit
would defray the cost of the capital facilities necessitated 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 Condition 2)
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.
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. Generally, 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 Spring Subdivisions. These subdivisions are zoned
Residential (R-9), Residential (R-12) and Residemial (R-15). It is anticipated that existing
area single family residential zoning and land use patterns will continue.
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 2.8 units per acre. Stoney
Glen West lies to the north. Lippenham Section has developed at a density of 1.7 units
per acre and an average lot size of 20,634 square feet. Hampstead Place Section has
developed at a density of 1.6 units per acre and an average lot size of 22,680 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 a density of
2.8 units per acre and an average lot size of 11,326 square feet; Twin Cedars has
developed at a density of 2.2 units per acre and an average lot size of 14,313 square feet;
and Hill Spring has developed at a density of 2.5 units per acre and an average lot size of
14,073 square feet. In Cedar Cliff, Twin Cedars and Hill Spring Subdivisions, lots lying
immediately adjacent to the request property have developed with sizes ranging from
approximately 9,148 to 30,056 square feet.
54
99SN0141/WP/FEB24II
The applicant has proffered a maximum of 450 lots (Proffered Condition 1) yielding a
density of approximately 1.7 units per acre. While the overall minimum lot size would
be 15,000 square feet, the applicant has agreed that lots adjacent to Cedar Cliff, Twin
Cedars and Hillspring Subdivisions will have a minimum lot size of 16,000 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. (Proffered Condition 10)
Proffered Condition 9 limits the number of occupancy permits to 100 until June 1, 2002.
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 of Happy Hill Road is proposed
in the Secondary Road Improvement Program for improvements. Construction is
anticipated to commence in the Spring of 2003. Proffered Condition 12 does not restrict
the number of lots that can be recorded or the number of building permits that could be
released. As written, there are risks that individual builders or furore homeowners will
be faced with the inability to obtain occupancy 'permits.
The applicant has also agreed that a twenty-five (25) foot tree preservation area will be
provided adjacent to Cedar Cliff, Twin Cedars and Hillspring Subdivisions (Proffered
Condition 12). This preservation area would be exclusive of required yards.
Dwelling Unit Sizes:
A proffered condition has been submitted addressing the size of dwelling units. While the
applicant has agreed to a minimum house size of 2,000 "gross square feet", the applicant's
proffer differs from typical restrictions accepted on other residential project. Typically,
the gross square footage excludes garages; however, the applicant's proffer includes
garages in the square footage definition. (proffered Condition 11)
Restrictive Covenants:
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.
55
99SN0141/WP/FEB24II
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
.F_agiliiig.~P_~, FY 1999-2003 Capital Improvement Program and Thoroughfare Plan and the
impact of this developmem 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 (10/20/98):
The Commission deferred this case to their January 19, 1999, public hearing to allow time
for the applicant, area citizens, the Bermuda District Commissioner and staff to meet and
discuss the proposal.
Staff (10/22/98):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 16, 1998, for consideration at the
Commission's January 19, 1999, public hearing.
Applicant, Area Citizens, Staff and the Bermuda District Commissioner (10/29/98):
A meeting was held to discuss the proposal. Concerns were expressed relative to potential
road corrections to Stoney Glen; lack of buffers adjacent to existing neighborhoods;
impacts on schools; traffic impact on Branders Bridge and Happy Hill Roads; whether
similar restrictive covenants to those in Stoney Glen and Stoney Glen West would be
recorded; the lack of a plan for development; the potential for construction traffic through
existing neighborhoods; the usability of the twenty-five (25) acres proposed to be dedicated
56
99SN0141/WP/FEB24II
to the County; whether or not the homes would be compatible with those which already
exist in the area.
Applicant (11/3/98 and 11/25/98):
Proffered conditions were submitted.
Staff and Applicant (1/8/99):
The applicant is discussing the possibility of submitting additional proffered conditions for
consideration at the Commission's January 19, 1999, public hearing.
Applicant (1/15/99):
Revised and additional proffered conditions were submitted. Those were the proffers
stated herein which were considered by the Commission at their January 19, 1999, public
hearing.
Planning Commission Meeting (1/19/99):
The applicant did not accept the recommendation. There was opposition present.
Concerns were expressed relative to traffic impacts; school impacts; lot sizes adjacent to
exiting development; house sizes; preservation of open space/vegetation adjacent to
existing neighborhoods; and the condition of Branders Bridge Road.
Mr. Cunningham indicated that the applicant had addressed many of these issues;
however, there were still issues related to health, safety and welfare as well as
compatibility that remained outstanding.
On motion of Mr. Cunningham, seconded by Mr. Shewmake, the Commission
recommended denial of this case.
AYES: Unanimous.
Applicant (2/12/99):
Revised proffered conditions were submitted.
57 99SN0141/WP/FEB24II
The Board of Supervisors, on Wednesday, February 24, 1999, beginning at 7:00 p.m., will take
under consideration this request.
58
99SN0141/WP/FEB24II
LIPPINGHAM
SREYI
,4
N
'FOXWOOD
GREENBRIAR
99SN0141
EZ: A TO R-15
41
,4
February 24, 1999 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0141
J. K. Timmons
Bermuda Magisterial District
East line of Branders Bridge Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-15).
On February 12, 1999, staff received an amended list of proffered conditions. The amended
proffers, among other things, increases the total number of dwelling units from 400 to 450. Since
the advertisement for this case reflected 400 units, the case must be deferred to allow proper
advertisement.
Staff is in the process of preparing a detailed "Request Analysis" based upon the revision recently
received. That analysis will be forwarded to the Board prior to the February public hearing.
Attached is the modified proffers, not to include the complete listing of restrictive covenants
referenced in Proffered Condition 14.
99SN0141/WP/FEB24I
February 12, 1999
We hereby amend our previously submitted proffers as follows:
1. A maximum of 450 residential lots shall be permitted.
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. $6,200.00 per dwelling unit, if paid prior to July 1, 1999; or
bo
The amount approved by the Board of Supervisors not to exceed
$6,200.00 per dwelling unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1, 1998, and July
1 of the fiscal year in which the payment is made if paid after June 30,
1999.
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.
o
Prior to any tentative subdivision approval, a revised centerline, based on VDOT
urban minor arterial standards (50 mph) with modification approved by the
Transportation Department, 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 part of Branders
Bridge Road immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
Direct access to Brander's 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 Department.
o
To provide an adequate roadway system, the developer shall be responsible for the
following:
a)
Construction of additional pavement along Branders Bridge Road at each
approved access to provide left and right turn lanes, based on Transportation
Department standards;
o
10.
11.
12.
13.
14.
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.
Prior to any road and drainage plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 6, shall be submitted to and
approved by the Transportation Department.
Except for timbering approved by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been installed.
The foundations of all dwelling units shall be faced with brick.
A maximum of 100 occupancy permits (temporary or final) shall be issued prior to
June 1, 2002.
There shall be no road connections or individual lot access to Cedar Cliff or Twin
Cedars Subdivisions.
All dwelling units shall have a minimum gross floor area of 2,000 square feet. Gross
floor area shall be defined as the sum of the horizontal area of all floors of a building
measured from the exterior walls, but not including outside storage areas, carports,
enclosed porches or rooftop enclosures housing.
A twenty-five (25) foot tree preservation area shall be maintained adjacent to Cedar
Cliff, Twin Cedars and Hillspring Subdivisions. All trees, except dead, diseased or
dying trees, eight (8) inches or greater in caliper shall be retained within this
preservation area. The preservation area shall be exclusive of required yards.
Any lot adjacent to Cedar Cliff, Twin Cedars and Hillspring Subdivisions shall have
a minimum lot size of 16,000 square feet.
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.
~,r~° nLas~d~nr~S i~oe nr~oration
JKT:cjg
11'i
0
LIPPINGHAM
,4
GREENBRIAR
99SN0141
REZ: A TO
41
R-15
,4
BOARD OF SUPERVISORS
HARRY G. DANIEL
CHAIRMAN
DALE DISTRICT
ARTHUR S. WARREN
VICE CHAIRMAN
CLOVER HILL DISTRICT
J. L. McHALE, III
BERMUDA DISTRICT
RENNY BUSH HUMPHREY
MATOACA DISTRICT
EDWARD B. BARBER
MIDLOTHIAN DISTRICT
MEMO~UM
CHESTERFIEL! C UNTY
P.O. Bex 40
CHESTERFIELB, VIRGINIA 23032-~4~
(~04) 74~-1
LANE B. RAMSEY
COUNTY ADMINISTRATOR
TO:
FROM:
~ATE:
SUBJECT:
Hen~rable Members ef the Beard ef Sul~e~
Themas E. Jacebsen, ]~irecter ~f Planning~~
February 22, 1999
Zening Case 99SNIH41 - J.K. Timmens
As neted in yeur l~acket, the abeve referenced zoning case must be deferred to allow re-
advertisement based upon amended proffered conditions. Staff had indicated, however, that a
complete analysis of the amended analysis would be provided prior to the Board's February 24,
1999, public hearing. That completed analysis is attached.
Should you have any questions, please do not hesitate to contact me or Beverly Rogers.
Attachment
WP/FEB99/FEB 12/st
Providing a FIRST CHOICE community through excellence in public service.