RULES & REGULATIONS

Rules & Regulations (B & C)

B. Rules and Regulations Pertaining to Active Builders, Sub-Contractors and Service Personnel and C. Rules and Regulations Pertaining to Property Owners and Active Builders

Pertaining to Active Builders, Sub-Contractors & Service Personnel

B. 1 Purpose and Enforcement
1. Application

1.1. The purpose of this regulation is to establish an obligation for Property Owners and Builders to pay deposits to the Association in conjunction with any construction on a lot and to establish a fining and suspension procedure and a schedule of fines, associated charges, and other sanctions that the Association may levy as the result of violations of its collective RULES AND REGULATIONS and of violations of restrictions in its “Amended and Restated General Declaration of Covenants and Restrictions”, its “Class A Covenants”, and its “Class B Covenants” where those fines, associated charges, and sanctions are not specifically defined elsewhere in these RULES AND REGULATIONS.

1.2. As used in these rules, the term “Builder” will also apply to any Property Owner who retains sub-contractors directly to construct additions or make exterior changes to existing structures.

2. Builder's Compliance Deposit

2.1. This deposit is in addition to the Surety Deposit.

2.2. Prior to the beginning of any site activity for the construction of a new home, each Builder must have on deposit with the POA the sum of $3,000 constituting the Builder’s Compliance Deposit for the purpose of guaranteeing the Builder’s compliance with all the rules, regulations, and standards pertaining to
construction activity in Big Canoe.

2.3. Fines for violations will be debited from the Builder’s Compliance Deposit account if that builder has not otherwise paid such fines within thirty (30) days after notification of the fine assessment.

2.4. No Builder whose account has been debited for a fine can begin a subsequent project until the account balance has been restored to $3,000 and there are no unpaid fines outstanding.

2.5. The Builder’s Compliance Deposit less any damage costs or fines assessed will be returned to the builder when that builder is no longer engaged in active construction activity within Big Canoe and submits a written request to the POA requesting termination of his Builder’s Compliance Deposit account on this basis.

2.6. The POA may deposit monies into an interest-bearing account with the interest being paid to the Association.

3. Notification of Non-Compliance or Damage Incidents

3.1. Notification of any non-compliance with the rules of the POA, and notification of payments due the POA for damages caused by the Builder or the Builder’s subcontractors, suppliers, and service personnel will be sent to the responsible Builder or Property Owner as appropriate.

3.2. Notification of any non-compliance with the applicable Architectural and Environmental Control Standards and fines assessed for such non-compliance will be in accordance with Rule C.1, “Architectural and Environmental Control Standards”.

3.3. Damage incidents include any damage to off-site (off the building site) areas such as: neighboring lots, roadways, road shoulders and rights-of-way, utilities, common landscape elements, and any amenities. Damage incidents must be reported by the Builder or Owner to the AECD or POA by the end of the next workday.

3.4. Damage incidents affecting the safety or Public Safety of Property Owners must be reported to the POA Public Safety Department immediately.

3.5. Damage incidents affecting the utilities serving Big Canoe (electrical, water, sewer, telephone, natural gas, or CATV) must be reported to the affected utility and Big Canoe Public Safety as soon as possible, but no later than 30 minutes after the incident.

3.6. In addition to the cost of repairs, failure to report damage incidents in accordance with this rule constitutes a violation of these rules which is subject to a fine.

4. Permissible Actions by the Association

4.1. After 24 hours, if a violation or damage has not been satisfactorily corrected, the Big Canoe POA will take appropriate action.

4.2. This action could include:

4.2.a. charging the Builder a fine
4.2.b. charging the Builder a fee for corrective action taken by the POA
4.2.c. withholding architectural approval
4.2.d. closing down the job site
4.2.e. denying property entrance to Builder and/or sub-contractor personnel
4.2.f. all of the above.

4.3. For repeat violations of the same or similar nature, the POA reserves the right to take immediate action without any waiting period.

4.4. For safety and/or health violations, the POA also reserves the right to immediately close down a job site without any waiting period.

5. Schedule of Fines for Violations for Sections 2, 3, and 4

5.1. First offense: $500

5.2. Second offense: $1,000

5.3. Third offense: $1,500 and/or suspension of building privileges

5.4. Trash on-site: $50 per day

6. Architectural Control Non-Compliance

6.1. All violations of applicable architectural control standards will be handled in accordance with Rule C.1, “Architectural and Environmental Control Standards”.

B. 2 Access to Property for Construction Activities
1. Purpose

1.1. The purpose of this regulation is to establish the location and conditions under which contractor, delivery, and service vehicles may enter and exit Big Canoe.

2. Accessibility to Property

2.1. The Covered Bridge near the Main Gate has a height restriction of 12 feet. All vehicles exceeding 12 feet in height, including towed vehicles, shall enter through the North Gate.

2.2. On weekdays, entry will be permitted starting at 7:00 AM. When Daylight Savings Time is in effect, all work activity should cease by 7:00 PM, and all workers should depart the property no later than 7:30 PM. When Daylight Savings Time is not in effect, all work activity should cease by 6:30 PM, and all workers should depart the property no later than 7:00 PM.

2.3. On Saturdays, entry will be permitted starting at 7:00 AM. All work activity should cease by 4:00 PM, and all workers should depart the property no later than 4:30 PM.

2.4. No building or landscaping activity will be permitted on Property on Sundays or designated holidays. The specific holidays involved in this provision are: New Year’s Day, Memorial Day (Observed), Independence Day, Labor Day, Thanksgiving, and Christmas. When Independence Day, Christmas Day, or New Year’s Day fall on a Sunday, the Saturday immediately preceding will also be considered a designated holiday for purposes of these rules.

2.5. Requests for exceptions from Sunday and designated holiday restrictions must be made directly to the General Manager or his/her designee. The only exceptions that will be granted are those which have the highest order of urgency and which involve work inside of a “closed-in” house where no noise or activity will be evident external to the house. No outside activity or noise-generating activity will be permitted under any circumstances.

2.6. Requests to pour concrete, move special equipment, or make deliveries outside of normal construction hours on weekdays and Saturdays must be made at least 24 hours in advance to the Director of Public Safety. Approvals will be the exception and not the rule, and will be granted only upon proof that a true hardship condition exists.

2.7. Builders who are also Property Owners may not arrange for the entrance of construction personnel as Guests in an attempt to circumvent any of these rules and regulations. 2.8. Nothing in these rules is intended to preclude reasonable emergency measures when an existing structure has been damaged by an “Act of God” and temporary repairs are necessary immediately to prevent further damage from wind, rain, or cold temperatures.

3. Service and General Delivery Vehicles

3.1. Service and general delivery vehicles will be permitted to enter if they have been pre-approved by a Property Owner or Builder.

3.2. Approval requires a call to Public Safety prior to the arrival, or entry into the current automated gate system.

3.3. Vehicles not pre-approved will be denied entrance.

3.4. All approved vehicles, unless otherwise provided, must obtain a pass, which must be displayed at all times within Big Canoe.

3.5. Residential moving activities will be allowed on Sundays.

B. 3 Job Site Management
1. Purpose

1.1. The purpose of this regulation is to define the requirements and responsibilities of Builders and construction personnel for job-site activities and maintenance, and is in addition to, and complementary to, the Architectural and Environmental Control Guidelines. Where conflicts exist between this regulation and the AEC Standards, this regulation will prevail.

2. Visual Requirements

2.1. Job sites must be kept as neat and clean and orderly before leaving at the end of the day.

2.2. Trash and discarded materials, such as lunch bags, cans, bottles, wrappers, Styrofoam containers, etc. must be kept in a portable bear-proof container.

2.3. A construction dumpster for light trash and a covered receptacle for large trash/debris must be available on each job site at all times. These containers and receptacles must be set back from the street a minimum of twenty (20) feet unless otherwise approved by the AECD. These containers must be covered and secured during transportation in and out of Big Canoe.

2.4. All debris and other material stock-piled for removal must be neatly stacked in the driveway/parking area of the job site. Any such material that is visible from adjacent homes or adjacent roadways must be removed by the last day of each workweek, and by the last workday before a designated holiday.

2.5. County building permits, AECD approved lot identification signs, and drop boxes are the only authorized signs or documents that may be posted at a job site.

2.5.a. No other signage or posters of any type are permitted.

2.5.b. Permits must be protected from the elements.

2.5.c. Posts must be provided for all signage and other attachments, and must be painted a color acceptable to the AECD. Trees may not be used for this purpose.

2.5.d. The 911 address must be visible from the street, i.e. on the permit board.

3. Audible Requirements

3.1. Radios, music, and other unnecessary noises that can be heard beyond the property line of the job site are not permitted.

3.2. While loud talking, above the noise level of construction activity, is sometimes required to support the activity, it should be the exception and not the rule, and should never be the result of long-distance socializing.

3.3. Profanities and obscenities that can be heard beyond the property line are never permitted under any circumstances.

4. Environmental Requirements

4.1. The Builder is responsible for guaranteeing proper erosion control as required by the County, and for correcting the results of inadequate controls.

4.1.a. Adequate silt fencing and gravel must be properly installed and maintained during all phases of construction to protect roads, waterways, and adjacent property.

4.1.b. Mud and silt that is deposited on roadways from construction vehicles, or that washes onto the roadway from the job site, must be removed at the earliest opportunity and no later than 24 hours after the event.

4.2. No outdoor fires are permitted in Big Canoe under any circumstances or for any purpose. This includes those fires (barrel burning or other types) that are intended for warmth in cold weather.

5. Other

5.1. Contractors may use only those utilities provided on the immediate job site on
which they are working.
5.2. Contractors will not commence any digging, boring, or other activities that may
endanger underground utilities until after the affected utility companies have
been notified and have located and marked their facilities in that vicinity.
5.3. Port-a-johns shall be set back from the street a minimum of ten (10) feet, and the
door must face away from the street, unless otherwise approved by the AECD.

6. Vehicle Accommodations

6.1. The Builder is responsible for surveying each job site prior to the beginning of any construction activity, for devising a plan for adhering to these Vehicle Accommodation rules, and for ensuring that all sub-contractors and suppliers follow the plan.

6.2. Vehicles must be parked on only one side of any roadway or on the immediate job site on which the contractor is working.

6.3. Vehicles must not be parked, left standing, or undergo off-loading activities in such a way as to infringe on any part of the roadway unless there is no reasonable alternative.

6.3.a. Where this is necessary, warning signs that are professional in appearance with an appropriate message must be placed conspicuously at a distance of at least 100 feet on either side of the hazard to warn approaching traffic.

6.3.b. Where such infringement effectively blocks one lane of a road, the warning sign should be clearly worded “DANGER - One Lane Traffic Ahead”. Flagmen must be stationed at each end of the one-lane segment unless the segment is less than 100 feet in length and has a clear line of vision from one end to the other.

6.3.c. The Director of Public Safety must be notified at least one day in advance of any work activity that is expected to effectively block a road.

6.3.d. For road blockages that are intermittent and of short duration, the builder will be responsible for providing flagmen and professionally appearing “ROAD CLOSED” signs at a distance of 100 feet on either side of the hazard for the entire duration of the blockage.

6.3.e. When a road will be blocked for more than a few minutes, warning signs that are professional in appearance with an appropriate message, or a flagman, must be placed at the nearest intersection on both sides of the blockage where approaching traffic can be diverted. Appropriate and easily readable signs must be placed at every intersection along the route of the detour to direct traffic around the blockage in the safest and most efficient manner.

6.3.f. In addition to e. above, when a road closure forces traffic the wrong way on a one-way road, a sign that is professional in appearance with an appropriate message, or a flagman, must be stationed at the far end of the one-way road to warn traffic approaching from that direction.

6.3.g. In certain cases, the Architectural and Environmental Control Department (AECD) together with the Public Safety Department may determine that roadside conditions and passage warrant additional safety precautions. Such cases may include, but are not limited to, narrow road clearances, steep grades, blind curves, and the necessity to park vehicles, machinery, or equipment less than five (5) feet from the edge of the roadway. In such cases, AECD or Public Safety may, in addition to proper signage, require the presence of a flagman at all times that such conditions are present.

6.4. No vehicle shall be parked, left standing, or undergo off-loading activities in such a way as to infringe upon the ability of neighboring Property Owners to safely enter and exit their property.

6.5. No construction traffic or activity shall use neighboring driveways or property for any purpose whatsoever unless prior approval has been obtained from the individual Property Owner.

6.6. All vehicles entering or exiting Big Canoe shall have all trash/debris/materials secured or covered to prevent littering along the roads.

B. 4 Vehicle and Equipment Operations
1. Purpose

1.1. The purpose of this regulation is to define the expectations and requirements for all Builders, their sub-contractors, suppliers, and construction personnel who are operating vehicles and equipment within Big Canoe.

2. Vehicle Registration

2.1. All vehicles operated within Big Canoe must display a valid state license tag.

3. Traffic Rules

3.1. All vehicles and equipment on Big Canoe roads must travel no faster than conditions safely permit, and no faster than the posted speed limit. Radar guns are used to enforce this rule.

3.2. Vehicles and equipment must remain on the right side of the road at all times, whether or not a painted center line exists.

3.3. On one-way roads, vehicles and equipment are strictly prohibited from traveling in the direction opposite to that designated.

3.4. Passing of another moving vehicle or equipment is strictly prohibited.

3.5. Vehicles and equipment must come to a complete stop at all Stop signs.

3.6. In the absence of any “Stop” sign, vehicles and equipment entering a through street from a side street must yield to traffic on the through street.

3.7. Vehicles and equipment entering any intersection other than those covered by 3.5 and 3.6 above must proceed slowly and yield to traffic entering the intersection from their right.

3.8. Vehicles and equipment must not be driven recklessly so as to endanger the life or property of others.

3.9. Vehicular traffic must yield the right-of-way to pedestrian traffic at all times.

3.10. All traffic and vehicle control signs posted under the authority of the Property Owners Association (POA) must be obeyed.

3.11. Vehicles and equipment, which are heavily loaded or which for other reasons are restricted to exceptionally slow speeds should pull over at frequent intervals to allow any following traffic to pass safely.

3.12. Single body vehicles and equipment with a maximum width of more than eight (8) feet (including load), and/or a maximum length of more than thirty-six (36) feet (including load), shall not be permitted to enter Big Canoe unless escorted by another vehicle equipped with flashing yellow lights. The contractor or sub-contractor who is responsible for the vehicle is also responsible for escort arrangements during all travel within Big Canoe

3.13. Truck-utility trailer combinations may exceed thirty-six (36) feet in maximum length (including load) as long as neither unit exceeds thirty-six (36) feet individually. If either unit exceeds eight (8) feet in maximum width, the above escort arrangement provision applies.

4. Vehicle Condition

4.1. All vehicles operating within Big Canoe shall be in good repair with all major systems functioning properly. Brakes and drive train shall be capable of traversing the terrain with no risk to the operator or to other traffic or property. Exhaust systems deemed excessively loud per A.15 Noise Control are prohibited.

4.2. All vehicles shall have properly working lights including taillights, stoplights, and front and back turn indicators.

4.3. All trailers shall have properly working lights including taillights, stoplights, and turn indicators.

4.4. Vehicles not meeting these conditions will not be permitted to enter Big Canoe, and, if already on property, will be escorted off property and banned from re-entering until the unsafe conditions have been repaired.

5. Operator Requirements

5.1. Operators must hold a valid operator’s license appropriate for their type of vehicle or equipment and must be able to produce this license when requested to do so by Big Canoe Public Safety.

5.2. Operators without a valid license will be denied entry.

6. Further Restrictions

6.1. No construction vehicle may be washed on any Big Canoe roadway. If washing of concrete delivery trucks is necessary, it must be done totally on the job site.

6.2. Accidental spills of any damaging or unsightly materials on or along roadways must be reported immediately to Public Safety and must be promptly and adequately removed.

6.3. All concrete delivery trucks, both rear and front discharge models, must be equipped with automatic chute closure devices in order to gain access into Big Canoe. These closures must correspond to Shute Shutter TM or equivalent specifications.

6.4. No objects (including trash of any form) should be thrown out of any vehicle, and no light trash should be placed in open vehicles where it can blow out.

6.5. Tarps, netting, or other means should be used where there is any question regarding the containment of any load during transport.

6.6. All vehicles entering or exiting Big Canoe shall have all trash/debris/materials secured or covered to prevent littering along the roads.

7. Speeding Fines

7.1. All Vehicles

7.1.a. First offense 1 to 10 MPH over limit $25.00; second and future offenses $50.00
7.1.b. First offense 11 to 15 MPH over limit $50.00; second and future offenses $100.00
7.1.c. First offense 16 to 20 MPH over limit $75.00; second and future offenses $150.00
7.1.d. First offense 21+ MPH over limit $100.00; second and future offenses $200.00

7.2. Reckless driving is defined as driving any vehicle in reckless disregard for the safety of persons or property. Penalties for reckless driving can result in a fine of $100 for cars or light vehicles, $200 for mid-sized trucks and $300 for large trucks. Reckless driving citations may be issued at the sole and absolute
discretion of Public Safety and the Association if a driver has been involved in or caused an accident, or is witnessed, by Public Safety, crossing the center line whether a painted center line exists or not. Posted speed limits are set for ideal conditions. Big Canoe Public Safety may issue citations for “driving too fast for conditions” at any speed given prevailing conditions which include but not limited to:

7.2.a. weather
7.2.b. condition of road
7.2.c. time of day
7.2.d. condition of operator
7.2.e. operator distractions
7.2.f. presence of other vehicles or pedestrians
7.2.g. Fines for “driving too fast for conditions” will follow the fine structure

7.3. Reckless driving shall count as an offense in the escalating fine structure described in 7.1 above.

7.4. A period of twelve consecutive months without a traffic violation of any type will result in the oldest violation on record for that operator being dropped. A second period of twelve consecutive months without a new traffic violation will be required for elimination of the next oldest violation on record. If a fine was involved in the earlier violation, the twelve months will count from the date the fine was paid.

7.5. All fines become the responsibility of the vehicle owner. If a fine remains unpaid thirty (30) days after the vehicle owner has been notified (by mailing to the address shown on the vehicle registration) of a fine assessed for a traffic violation, the operator will lose all rights to operate a vehicle within Big Canoe until the fine is paid, and the vehicle owner will lose all rights to have any vehicle operated within Big Canoe until the fine is paid. If a fine remains unpaid ninety days (90) after the vehicle owner has been notified, the above loss of privileges may become permanent.

8. Sanctions Applying to Section 6 Violations

8.1. Spillage and/or littering incidents on Big Canoe roads and rights-of-way that are not corrected immediately by the vehicle operator will subject the vehicle owner to a fine of $100 per incident plus costs of clean-up efforts, if any. If a fine and any clean-up charge remain unpaid thirty (30) days after the vehicle owner has been notified (by mailing to the address shown on the vehicle registration) the owner will lose all rights to have any vehicle operated within Big Canoe until proper payment is made. If a fine and any clean-up charge remain unpaid ninety (90) days after the vehicle owner has been notified, the above loss of privileges may become permanent.

8.2. Violations of these provisions will subject both the vehicle and the vehicle owner to loss of entry privileges into Big Canoe.

9. Appeals Process

9.1. All fines and any loss of privileges may be appealed to the General Manager or designee within thirty (30) days of the notice of such fine or loss of privileges.

Pertaining to Property Owners and Active Builders

C. 1 Architectural and Environmental Control Standards
1. Purpose

1.1. The purpose of this rule is to incorporate the applicable provisions of the Architectural and Environmental Control Standards existing in Big Canoe into the official set of Rules and Regulations of the Association, and to establish the consequences for violations of those provisions as well as the process for appealing such consequences.

2. Responsibilities

2.1. By an amendment to the Declaration the Big Canoe Company, LLC (the Company), the Big Canoe Property Owners Association (POA) has been properly delegated to serve as the architectural control authority for POA neighborhoods.

2.2. The Architectural and Environmental Control Department (AECD) of the POA is charged with the responsibility for administering, and enforcing these rules as well as the “Architectural and Environmental Control Standards of Big Canoe”, and any future architectural standards that may be applicable to Big Canoe.

2.3. The Company is responsible for creating and maintaining any future architectural standards regarding new construction appropriate for Company Neighborhoods in Big Canoe.

3. Rules

3.1. Before beginning construction, it shall be the duty of the Owner/Owner’s agent to ensure that all articles relating to plan submittals are given to the AECD for review and approval as noted under the General Declaration, including any variance requests. Failure of a Builder/Property Owner to submit plans for approval to the AECD and receive such approval from the AECD before commencing any covered activity constitutes a violation of this rule. Failure of a builder/property owner to comply with the approved plans on file with the AECD also constitutes a violation of this rule.

3.2. All construction must comply with the Architectural and Environmental Control Standards of Big Canoe. Non-compliance of the “Architectural and Environmental Control Standards of Big Canoe” constitutes a violation of this rule.

3.3. There shall be no occupancy of a residence until an Occupancy Permit has been issued by the AECD. Failure to receive approval for occupancy prior to occupancy constitutes a violation of this rule.

3.4. All homeowners must comply with the “Architectural and Environmental Control Standards of Big Canoe”. Failure to comply constitutes a violation of this rule.

4. Enforcement

4.1. When violations are discovered, the AECD will notify the Builder/Property Owner in writing, and by telephone if possible, and will provide 10 days to enable the Builder/Property Owner to make such corrections and thereby cure violations in lieu of invoking the fining process.

4.2. All violations of the above Rules that are not resolved to the satisfaction of the AECD will be subject to fines as specified below.

5. Classes of Violations

5.1. Each instance of violations for a given lot will fall into one of the following
classes:
5.1.a. Class “A” - Violations of 3.1, 3.2, and/or 3.3 above
5.1.b. Class “B” - Violations of 3.4 above

6. Schedule of Fines for Class "A" Violations

6.1. Class “A” fines for violations of the above shall be assessed on a per Builder/Property Owner basis as follows:

6.1.a. First violation - $1,500

6.1.b. Second violation, or repeat of first violation - $3,000

6.1.c. Third violation will result in suspension of building privileges for Active Builders.

6.1.d. For purposes of determining second and subsequent violations, a period of twelve consecutive months dating from payment of the last fine assessed under the provisions of this rule C.1 will clear the record for any Builder/Property Owner. Following such twelve-month period, the next violation will be classified as a “first” violation.

6.1.e. Continuing violations that are not cured within the 10 days as provided in 4.1 above will be assessed a daily fine of $50 per calendar day beginning on the 11th day and continuing until the violation is corrected to the satisfaction of AECD. This daily fine will be in addition to any one-time
fine assessed. In the event of a continuing violation, each day the violation occurs or occurs again constitutes a separate offense and fines may be imposed on a per diem basis without further notice to the violator.

6.1.f. For violations of 3.3 (moving in prior to approval of occupancy) Property
Owners will be fined $3,000 for the first day of such unapproved
occupancy, and $5,000 on the first day of each successive month of such
unapproved occupancy.

6.2. Notification of the fine assessment will be in writing from the AECD to the Builder/Property Owner of record.

6.3. The assessed fine will be debited from the Builder’s Compliance Deposit if that builder has not otherwise paid such fine within thirty (30) days from the date of notification. Thereafter, the daily fines for continuing violations will be charged to the applicable lot.

6.4. In instances where there is no formal builder of record and therefore no Builder’s Compliance Deposit, fines will be levied directly against the property owner in accordance with Sections 3, 4, 5, and 6, of Rule A.1, General Enforcement Provisions.

7. Schedule of Fines for Class "B" Violations

7.1. Class B fines shall be in accordance with Section 2 of Rule A.1, “General Enforcement Provisions”.

7.2. Notification will be sent to the Property Owner by the General Manager or a designated representative.

8. Appeals Process

Notice of an appeal of Class A or B violations shall be made in writing to the AECC via the AECD within 10 days of receipt of the written notice of the violation in accordance with Architectural and Environmental Control Standards. Further appeal of Class A or B violations shall be made to the POA Board in accordance with Section 2.1 (a) of Rule A.1 “General Enforcement Provisions.”

C. 2 Tree Cutting Provisions
1. Purpose

1.1. The purpose of this rule is to establish clear and defined rules for tree and shrub pruning and removal, maintenance requirements for damaged trees, and to establish consequences for violations of this rule.

2. Responsibilities

2.1. The Architectural and Environmental Control Department (AECD) of the POA is charged with the responsibility for protecting the natural environment of Big Canoe. To this end, the AECD is charged with the responsibility for administering, and enforcing these tree and shrub removal and pruning provisions.

3. Definitions

3.1. “Vista Pruning” is defined as removal or pruning of trees and shrubs for view.

3.2. “Tree/shrub removal” is defined as removing a tree/shrub for purposes other than view.

3.3. “Authorized cutting” is defined in the General Declaration of the Covenants and Restrictions as “No deciduous tree measuring six inches or more in diameter at a point two feet above the ground level, no flowering trees, and no evergreens may be pruned or removed without the written approval of the POA, unless located within 10 feet of a building, within three feet of a driveway, or one foot from a walkway.” Removal outside of these guidelines without authorization from the POA will be considered a violation.

3.4. “Thinning” is defined as the deliberate control of stand density by removing trees that are too close together to promote healthy growth.

3.5. For the purpose of these Rules and Regulations, “flowering trees” referenced in paragraph 3.3 above are defined as Mountain Laurel, Dogwoods, and Native Azaleas and “evergreens” referenced in paragraph 3.3 above are defined as those listed in the Approved Plant List. Loblolly Pines are not listed as approved
evergreens in the Approved Plant List.

3.6. Damaged trees shall be defined as any fallen, leaning, broken or dead trees.

3.7. Fallen trees shall be defined as any tree that is no longer standing independently erect and resting on the ground.

3.8. Leaning trees shall be defined as any tree that is no longer standing independently erect, but not resting on the ground and has evidence of disturbance of the root ball e.g. lifting.

3.9. Broken trees (snags) shall be defined as any tree that has lost all or most of its canopy, but its remaining trunk is still standing independently erect.

3.10. Dead trees shall be defined as any tree that shows no signs of life but is still standing independently erect.

4. Rules

4.1. Prior to any cutting of any kind within Big Canoe except as permitted by the General Declaration of the Covenants and Restrictions, an owner/builder must request and receive permission in writing from the AECD.

4.2. No Vista Pruning shall be permitted without the prior written approval of the AECD in compliance with the rules and procedures of Vista Pruning.

4.3. All Vista Pruning will be supervised by a representative of the POA in accordance with standard procedures as dictated in the Vista Pruning guidelines in the Architectural and Environmental Control Standards. Owners are authorized to select the tree service of their choice provided the service/contractor is both licensed and insured in the tree removal business. Owners, supervisors and the tree service will be required to sign documentation once approved Vista Pruning is completed acknowledging and accepting that the work was done in accordance with established procedures.

4.4. Pruning trees/shrubs for the health of the plant is permissible provided it is not for obtaining a view.

4.5. All thinning must receive written permission from the AECD prior to being conducted.

4.6. The following minimum maintenance standards shall be met within 120 days after any event in which trees have been damaged:

4.6.a. For all lots, a corridor seventy-five (75) feet wide on both sides of any
road, as measured by line of sight from the edge of pavement, shall be
addressed as follows:

4.6.a.i. All visible root balls must be remediated by one or more of the following methods:
○ forced back as much as possible into its original location
which is the preferred method;
○ disguised by an AECD approved landscape plan;
○ moved outside the seventy-five (75) foot corridor;
○ moved to an off- site location.

4.6.a.ii. All visible fallen trees must be remediated by one or more of the following methods:
○ have trunks touching the ground, including cutting them
into sections if necessary to achieve complete ground
contact, and cutting the remaining trunk as close to the
ground as possible.
○ moved outside the seventy-five (75) foot corridor;
○ moved to an off- site location;
○ branches from fallen trees must be cut and laid on the
ground or moved outside the seventy-five (75) feet
corridor.

4.6.a.iii. All visible leaning trees must be cut down and remediated to meet the standards of fallen trees.

4.6.a.iv. Dead and Broken trees (snags) may remain in place as long as they pose no real threat, as determined by the POA, to property, POA right of way, driveways, other healthy trees, people, or pets. Downed canopy material must be cut and laid on the ground or moved outside the seventy-five (75) foot corridor.

4.6.b. For lots contiguous to the Big Canoe Golf Course:

4.6.b.i. The POA shall be responsible for the clean-up of the golf maintenance easement area thirty (30) feet from the property line.

4.6.b.ii. The Property Owner shall be responsible for the clean-up, as described above, up to the nearest structure but not to exceed forty-five (45) feet from the golf maintenance easement area for a total of seventy-five (75) feet from the property line.

4.6.c. The POA will be responsible for the tree clean-up of all rights of way within the defined corridor.
4.6.d. By written resolution, the POA Board of Directors may prescribe additional clean-up requirements following devastating events including but not limited to, wildfires, tornadoes, hurricanes, or ice storms.

4.7. Requests for appeal are outlined in Section 7 below.

5. Enforcement

5.1. Violations of the above rules and regulations by Property Owners, Tenants, or their Guests will subject the Property Owners to sanctions as provided in Section 6 of these rules.

6. Schedule of Fines for Tree Cutting Provisions Violations

6.1. Unauthorized removal or destruction of any trees or shrubs, including those planted by the owner on property owned by the violator will result in a fine of $1,000 per tree or shrub.

6.2. Unauthorized pruning, removal, or destruction of any trees or shrubs (without regard to size) on property NOT owned by the violator, including on POA green space or on vacant lots will result in a fine of $3,000 per tree or shrub. Each property owner is responsible for the location of all property lines prior to any pruning removal or destruction of trees or shrubs.

6.3. Unauthorized pruning of trees or shrubs including those planted by the owner, on property owned by the violator to enhance the view (Vista Pruning as defined in the Architectural and Environmental Control Standards) will result in a fine of $500 per tree or shrub.

6.4. Property not remediated by owners within the 120 days allowance will be remediated by POA personnel or contractors hired by the POA. The property owner will be billed for all associated costs regardless of who performs the work. Should the Owner not allow access to the property, sanctions will be in accordance with Rule A.1, General Enforcement Procedures.

6.5. The AECD will investigate the violation and impose the sanctions in accordance with the above schedule.

7. Appeals Process

7.1. Notice of an appeal of these tree cutting provisions violations shall be made in writing to the Appeals Panel via the AECD within 10 days of receipt of the written notice of the violation. The purpose of the appeal shall be to provide the violator the opportunity to contest the facts of the investigation including the number of trees/shrubs affected. Appealing the fine will not change the amount per tree/shrub, although the total amount may be adjusted if there is a change in the number of trees/ shrubs.

7.2. The Appeals Panel shall be authorized to require replanting to replace the damaged tree(s) or shrub(s) with like kind and size as approved by the AECD at the violator’s expense. The landscape plan must be done by a professional landscape company. Consideration may be given to deducting this expense from the total fine imposed once receipts are presented to the Appeals Panel.

7.3. Further appeal of these tree cutting provisions violations shall be made to the POA Board in accordance with Section 2.1 (a) of Rule A.1

C. 3 Completion Requirements for New Construction
1. Purpose

1.1. The purpose of these rules and regulations is to establish a more timely completion schedule for new home and remodeling construction that enlarges the existing structure’s footprint in accordance with the Covenants and Restrictions.

2. Schedule

2.1. From the time of the start of tree removal to the completion of the exterior shall not exceed the expected date of completion as submitted. Exterior completion includes, but is not limited to, all painting, driveway paving, landscaping, and site clean-up.

2.2. From the time of the start of tree removal to the date of the Big Canoe issued Occupancy Permit shall not exceed eighteen months unless otherwise coordinated.

3. Dwelling Assessments

3.1. POA fees will switch from a lot assessment to a dwelling assessment eighteen months after the start of construction or at the issuance of the Big Canoe Occupancy Permit, whichever comes first.

4. Exceptions

4.1. Exceptions may be granted in cases of extreme hardship due to strikes, labor shortages, fires, national emergency, or natural calamities, houses/lots of extraordinary size/complexity, and/or delays that are beyond the reasonable control of the builder including non-payment by owner. All exceptions must be
made in writing.

4.2. Extension can be granted for exceptional circumstances.

5. Enforcement

5.1. Builders who do not meet the timeline may not begin another project until all of their current projects are on track for timely completion.

5.2. The Surety Deposit may be claimed and utilized by the POA to make progress towards completing the exterior of a home. This option may be chosen at the discretion of the POA, in consultation with the homeowner. If claiming the deposit is deemed necessary, it may be considered a triggering event that would exclude the Builder from starting any new home construction or remodeling projects in Big Canoe for a period of 5 years, after which time the builder would have to re-qualify as an Active Builder prior to soliciting additional work in Big Canoe.

5.3. Exceptions may be granted in accordance with 4.2 above. All exceptions must be made in writing.