Exhibit B -- Final Grading Plan

Exhibit C -- Rain Garden Plant List

ARTICLE I -- STATEMENT OF PURPOSE

            The purpose of this Declaration is to ensure the highest and best use and the most appropriate development of each building site (hereinafter the “Lots”) on the Property; to protect Owners of Lots against uses of neighboring Lots that may detract from the value of their Lot; to ensure that all structures shall be related harmoniously to the terrain and to other structures in the vicinity; to guard against the erection of poorly designed or poorly proportioned structures; to ensure harmonious use of materials and color schemes; to prevent haphazard, unharmonious improvement of Lots; to secure and maintain the proper setbacks from streets and Lot lines; and to thereby promote the development of the Property as a high quality residential neighborhood.                                                                                                  back to the top

ARTICLE II -- DEFINITIONS

            As used in this Agreement, the following definitions shall apply:

2.01         “ACC”.

Architectural Control Committee, described in Article IV below

2.02         “Building”.

Any structure built for the support, shelter or enclosure of persons or property of any kind and which is permanently affixed to a Lot.  For the purposes of this Declaration, there shall be two types of structures defined as follows:

a)                 “Residence”.  The principal structure on a Lot designed for permanent living, cooking, sanitary and sleeping facilities for one (1) family.

b)                 “Accessory Building”.  A structure whose use is clearly incidental to the Residence, serves the Residence, contributes to the comfort, convenience or necessity of occupants of the Residence and is located on the same Lot as the Residence.

2.03         “Declarant”.

SLS Development LLC, a Wisconsin Limited Liability Company

2.04         “Lot”. 

A building site included in the Property, as identified on the Plat of The First Addition to Swan Lake Summit Estates (“Plat”). 

2.05         “Owner”. 

Owner shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to the Property and/or the Lots subject to the Declaration, but shall not mean or refer to the mortgagee of any such Property or Lot unless and until such mortgagee has acquired title pursuant to foreclosure of said mortgage and the period within

which the mortgagor may redeem from such foreclosure of said mortgage has terminated.  Where any Lot is being sold to a land contract vendee who is entitled to possession of the Lot, the land contract vendee and not the vendor shall be considered the “Owner” of the Lot.

2.06         “Property”.

The property described in Exhibit “A” attached hereto and made a part hereof.

2.07         “Town Board”.

The Board of the Town of Wyocena.                                                           back to top

ARTICLE III -- USE AND ARCHITECTURAL RESTRICTIONS

3.01         “Residential Use”.

No Lot shall be used except for residential purposes.  Except for Accessory Buildings as are permitted below, no Building shall be commenced, erected, altered, placed or permitted to remain on a Lot other than a Residence.  If any Residence is used as rental property, a copy of the executed lease or a separate document containing the Tenant’s agreement to be bound by the Declaration and executed by tenant, must be forwarded to the Architectural Control Committee (“ACC”) on or before the commencement of the lease term.  No Building may be occupied for transient or hotel purposes, which is defined as 1) occupancy for any period less than thirty (30) days or 2) any occupancy if the occupants are provided customary hotel services, such as food or beverage service, laundry service, maid service or bell boy service.                                                                                        back to the top

3.02         “Lot Division”.

No Lot, as platted within the Property shall be divided without the prior express written consent of the ACC and the Town Board.  This covenant shall not be construed to prevent the use of one Lot and all or part of an adjacent Lot or Lots as one (1) building site for one (1) Residence.                          back to the top

3.03         “Building Setbacks”.

The following yard or building setback requirements shall apply to all Lots that are located within the Property:

a)     Front Yard Setback 

All Residences shall have a setback minimum of fifty (50’) feet and a setback maximum of eighty (80’) feet from Lot lines adjacent and parallel to any public or private street (hereinafter “Front Yard Setback”).  A corner Lot (a Lot which abuts two (2) or more public or private streets) will be considered to have two (2) Front Yard Setbacks.  In view of the unique characteristics of Lot 14 and Lot 32 (which abut three (3) public or private streets), the ACC, after reviewing the proposed building plans will, determine all setback requirements for Lot 14 and for Lot 32.

            b)  Side Yard Setback     

All Residences shall have a setback minimum of fifteen (15’) feet from any Lot line shared in common with another Lot (hereinafter “Side Yard Setback”), which common Lot line intersects a public or private street (“Side Yard Line”).  The total of the two Side Yard Setbacks must be at least thirty-five (35’) feet.  That is to say, if the Side Yard Setback on one side of a Residence is fifteen (15’) feet, the Side Yard Setback on the other side must be at least twenty (20’)f  feet.

c)  Rear Yard Setback

All Residences shall have a setback minimum of forty (40’) feet from any Lot line shared in common with another Lot and which is bounded by two Side Yard Lines as described in (b) above (hereinafter “Rear Yard Setback”).  Corner Lots do not have a Rear Yard Setback.  They have two (2) Front Yard Setbacks and two (2) Side Yard Setbacks.  

d)  Eaves, Steps and Decks

For the purposes of the foregoing restrictions, eaves, steps, stoops and decks that are less than three (3’) feet above the existing grade, shall not be considered a part of a Residence for setback purposes; provided, however, that this provision shall not be construed so as to permit any portion of a Residence (including those items excluded from a Residence for setback purposes), to be closer than eight (8’) feet to the boundaries of any Lot.

e)  Setback Variances

The ACC shall have the right to grant variances to Front, Side and Rear Yard Setback requirements at its discretion, in appropriate cases.  In addition, in the event of a question as to what constitutes the Front, Side or Rear Yard for any Lot, all such questions shall be conclusively resolved by the ACC.     back to the top

3.04         “Residence Size Requirements”.

a)  Floor Area

For the purposes of determining floor area, stair openings shall be included but open porches, screened porches, attached garages, and basements, (even if finished), shall be excluded.  The following minimum floor area requirements shall apply to all Residences erected on Lots subject to this Declaration:

1)         Single Story Residences shall have at least One Thousand Seven Hundred (1700) square feet of floor area.

2)         Two-story Residences shall have at least Two Thousand (2000) square feet of floor area.

3)         Split Level Residences shall have at least One Thousand, Seven Hundred (1700) square feet of floor area.

4)         Raised Ranch Residences shall have at least One Thousand, Seven Hundred (1700) square feet of floor area on the upper level.

5)         Variance  The above minimum requirements may be waived by the ACC in the event the proposed architecture, quality of materials, or other amenities for a Residence is such as to present an appearance compatible with other Residences on the Property.

 b)  Height

The height of a Residence shall not exceed a maximum vertical dimension of thirty-five (35’) feet (or as otherwise allowed under applicable County Ordinances) measured from finished grade to the peak of the roof.  No Residence shall exceed two (2) stories, except a two-(2)-story  Residence plus a walk-out basement may be approved if the natural slope of the land is such that none of the basement is exposed above ground on at least one complete side of the structure.                                                                      back to the top

3.05         “Residence Types, Kinds and Designs”.

           a)  No mobile home or homes shall be permitted on any Lot.

b)  No structure previously constructed elsewhere may be moved on to any Lot.

c)  All materials for the construction of any Building shall be new.

d)  The placing of house trailers, camping trailers, tents, or other camping structures or temporary residential structures on a Lot is strictly prohibited without the prior written permission of the ACC, and the ACC shall at no time authorize camping on any of the Lots for a period of longer than three weeks.                  back to the top

 3.06         “Completion of Construction”.

All Residences and Accessory Buildings, including exterior finishes, must be completed within one (1) year of the commencement of construction, except that such time may be extended, in writing, by the ACC for good cause shown.  For purposes of this paragraph, construction will be deemed to have commenced when earth is broken for purposes of installation of footings or foundation.  Landscaping (including grading, driveway, rain gardens, sodding, and seeding) shall be completed within ninety (90) days of completion of construction of the Residence, provided weather conditions so allow.  If weather conditions do not allow, such time shall be extended until weather conditions do allow.  

3.07         “Obligation to Maintain”.

The Owner is responsible for maintaining his, her or their Lot, and all improvements constructed thereon, in a state of good order and repair.                                                                                                     back to the top

3.08         “Subsequent Alterations”.

a)     Exterior Alterations

No alteration in the exterior appearance of any Residence or Accessory Building, including but not limited to exterior remodeling or the construction or alteration of other improvements (including, but not limited to, decks, patios and swimming pools) shall be made without the prior written approval of the plans and specifications for such alteration by the ACC.  (See Article 4.03 of this Declaration)                                            

b)     Reconstruction Following Damage

If all or any portion of a Residence or Accessory Building is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner thereof, to rebuild, repair, or reconstruct such Residence or Accessory Building in a manner, which will restore it to its appearance and condition immediately prior to the casualty.  Reconstruction shall commence within six (6) months after damage occurs and be completed within twelve (12) months of commencement.  Plans and specifications, as defined in Article IV for rebuilding must be submitted to the ACC and approved in writing prior to rebuilding.                                                                     back to the top

3.09         “Trade or Business”.

Each Lot shall be used for residential purposes only.  No profession or home industry shall be conducted in, on or from any Lot, Residence or Accessory Building without the prior written approval of the ACC, which, in its sole discretion, upon consideration of the circumstances in each case, and particularly the effect on surrounding Lots and their Owners, may permit a Lot to be used in whole or in part for the conduct of a profession or home industry.  No such profession or home industry shall be permitted, however, unless the trade or business substantially restricts customers coming to the Lot, Residence or Accessory Building; that is, the trade or business must be conducted by phone, telefax or other telecommunication means.  This restriction however does not prohibit the Declarant or others designated by the Declarant to locate a model home on any Lot.                                                back to the top

 3.10         “Offensive Activities”.

No noxious or offensive activity, odor, sight, noise or light shall be permitted on any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjoining Lots and their owners.  This shall not be construed to prevent a vegetable garden or orchard, provided that all vegetable gardens and orchards shall be located in Rear or Side Yards.                                                                                                    back to the top

3.11         “Animals”.

a)                 No birds, insects, dogs, cats, rabbits or other animals, shall be kept on any Lot for breeding or shall be maintained for any commercial purpose.  Commercial animal boarding, breeding, kenneling, training or treatment is expressly prohibited whether or not a fee is charged.

b)         There may be no more than a total of two (2) dogs or two (2) cats or one (1) dog and one (1) cat residing on any Lot.  All such pets must be kept in the Owner’s Residence overnight, and no pets shall be allowed to run loose unless accompanied by and in control of the Owner.  The Owner of the animal is responsible for promptly cleaning up after it.

c)         No dangerous animals shall be allowed under any circumstances.  Dangerous animals include, but are not limited to the following breeds of dogs:  American Pit Bull Terrier, Akita, Chow, Rottweiler, Wolf Hybrid (a wolf mixed with any breed).  In addition, any dog that is a mixed breed and part of that mixture is one of the breeds listed above shall not be allowed.  Wild, non-domesticated animals shall not be allowed.  Wild, non-domesticated animals include, but are not limited to the following:  reptiles, wolves, snakes, bears, ferrets, monkeys.

d)         No animal enclosure or house shall be erected without the prior written approval of the ACC.  Animal enclosures or houses must:

1)                 be located in the Rear Yard, not visible from any street, within fifteen (15’) feet of the Owner’s Residence and at least twenty (20’) feet from any Side or Rear Lot Line.

2)                 have landscape screening on at least three sides, if visible from neighboring Lots.

3)                 be no more than six (6’) feet in height, and

4)                 be kept in a clean and sanitary condition                                                           back to the top

 3.12         “Garbage and Trash”.

No rubbish, trash, garbage, scrap or other waste material shall be kept or permitted on any Lot or a part of a Lot except in closed or covered sanitary containers located in an appropriate area, concealed from public view; except that trash containers may be placed in public view twelve (12) hours before scheduled pickup of such items.  Garbage containers must be removed from pick-up site within twelve (12) hours after pick-up.  During the construction period of any Residence or Accessory Building, all trash, rubbish, and other waste materials shall be removed by Owner or Owner’s contractor from the Lot within a reasonable period of time.       back to the top

3.13         “Accessory Buildings/Storage”.

Two (2) Accessory Buildings will be allowed per Lot, including any permitted detached garage.  (See “Garages” below.)  No Accessory Building will be allowed in the Front Yard of any Lot.  No Accessory Building may be placed closer than ten (10’) feet to a Rear Yard or Side Yard Lot line.  The location, size, color, design and materials of each Accessory Building must be approved by the ACC.  All Accessory Buildings must have landscaped plantings on three (3) sides of the  building.  The total square footage for both permitted Accessory Buildings may not exceed 1,000 square feet in floor area, unless approved in writing by the ACC.  Nothing contained in this provision shall restrict additional storage in the basement of any Residence.  No Accessory Building may be utilized as a second Residence. 

3.14         “Garages”.

All Residences must have a garage for at least two (2) automobiles and not more than six (6) automobiles, and all garages must be enclosed.  Except as permitted below, garages shall be directly attached or connected to the Residence by means of a covered walkway or other enclosure of a permanent nature and in keeping with the general architecture of the Residence.   Following initial construction, an additional garage may be built as an Accessory Building and may be detached from the Residence.  Carports, which are defined as garages, that are not enclosed on all four (4) sides, are prohibited.  Garages must be positioned on the Lot so that no more than three automobile entrances are facing in any one direction.                        back to the top

3.15         “Parking/Storage”.

a)        Restrictions

Unless modified in writing by the ACC, the following storage and parking restrictions shall apply to all Lots:

1)                 The outside storage or parking of “winter season” vehicles is allowed only upon the driveway of a Residence and, then only from November 1^st  through April 15^th of each year.

2)                 The outside storage or parking of “summer season” vehicles is allowed only upon the driveway of a Residence and then only from April 1^st  to November 15^th of each year.

3)                 Outside parking of “all season” vehicles is allowed only upon the driveway of a Residence and is allowed all year.

4)                 No more than three (3) vehicles may be parked upon the driveway on a routine basis.

5)                 No vehicles of any type shall be parked or stored on lawns or yards at any time.

b)        Definitions

            For the purposes of this section, the following definitions apply:

1)                 “Winter season” vehicles shall be defined as snowmobiles and any trailer upon which they are stored or transported, or any other vehicle used principally in the winter.

2)                 “Summer season” vehicles shall be defined as all boats (motorized or non-motorized including sailboats, pontoon boats and houseboats), canoes, rafts, surfboards, wind-surfers, jet skis, go carts, ATVs, motorcycles, campers, trailer homes, and any trailers upon which the above are stored or transported.

3)         “All season” vehicles are defined as private passenger cars, passenger vans and light trucks.                                                             back to the top                          

c)        Abandoned Vehicles

Abandoned vehicles are permitted only if parked inside the Owner's Garage.  For purposes of this restriction,automobile, van, motorcycle or other motor vehicle which has not been used for travel away from the Lot during any fourteen (14) day period, shall be presumed to be an abandoned vehicle. back to the top

d)        Service Vehicles

No more than two (2) service vehicles, owned or operated by the residents of a particular Lot, may be parked on the driveway of that Lot.  The parking of service vehicles on streets is prohibited.  A service vehicle can be no larger than the size of a light truck.  No semi trailers or cabs may be parked upon the driveway of a Residence or on the street.                                                  back to the top

3.16         “Driveways”.

All Residences must have driveways and all driveways must be paved with concrete, asphalt, cobblestone or pavers.  The location, composition and dimension of the driveway on any Lot must be included as part of the plans and specifications submitted to the ACC, and must be approved by the ACC.  Any portion of a driveway surface situated within the public right-of-way shall be asphalt.                               back to the top

3.17         “Landscaping”.

a)                 Grading and Landscaping Plans

Grading and landscaping plans (including rain gardens, ponds or fountains) must be submitted to and approved in writing by the ACC before such work can begin.  The plans should be submitted to the ACC in conjunction with the building plans and specifications for the Residence.   The elevation of a Lot may not be changed so as to materially affect the surface elevation, drainage pattern or grade of any adjacent Lot.  Excess dirt at any construction site from excavation or grading on a Lot, which is not to be used on that Lot shall be placed elsewhere on the Property as directed by the Declarant, without cost to Declarant.  No more than two (2) cubic yards of earth, rock, gravel, or clay shall be excavated or removed from any Lot without the written approval of the ACC.                                                                                   back to the top

b)                 Landscape Plantings

All landscape plantings must be maintained in a neat fashion and replaced if necessary.  Maintenance of the landscape plantings on each Lot and adjoining street terrace, if any, shall be the responsibility of each Lot Owner.  As part of the required landscaping for each Lot, a rain garden shall be constructed and maintained on each Lot for stormwater drainage control, as specified in Section 3.30 below.      back to the top

c)                  Lawn Maintenance

All areas of Lots not used as a building site or lawn, or under cultivation as a garden, shall have a cover crop or be so cultivated or tended as to keep such areas free from noxious weeds.  Each Lot Owner shall be responsible for maintaining his/her/their Lot in a neat appearance.  This paragraph shall not be construed so to prevent a family garden or orchard (subject to Section 3.10 above).       back to the top                  

d)                 Existing Vegetation

The existing vegetation of each Lot, including trees of a diameter of three (3) inches or greater, shall not be destroyed or removed except as approved in writing by the ACC.  In the event such vegetation is removed or destroyed without approval, the ACC may require the replanting or replacement of such trees at the Lot Owner’s sole expense.                                                                               back to the top

e)         Drainage Swales                                                                                         

No drainage swale, which is in existence at the time a Lot Owner acquires ownership shall be graded or obstructed so as to divert, obstruct or impede the flow of stormwater from other Lots across such swale, except as may be approved by the ACC in writing.                                 back to the top

3.18         “Retaining Walls”.

Any retaining walls must be included in the plans and specifications for any Residence and must be approved, in writing, by the ACC.

3.19         “Fencing”.

a)                 No fence or enclosure shall be erected without prior written approval of the ACC.

b)                 Any fence or enclosure must be set back at least two (2’) feet from Side and Rear Yard Lines, and at least ten (10’) feet from Front Yard Lines.  No fence shall be permitted in the Front Yard of any Lot except for ornamental fences.  All fences or enclosures must be approved in writing by the ACC.  No fence may exceed six (6’) feet in height.                                                                              back to the top

3.20         “Signs”.

No sign shall be placed on any Lot, except political campaign signs (for a period not to exceed sixty (60) days), or one normal and customary rental or “For Sale” sign.  Any such sign placed on a Lot cannot be more than six (6’) square feet in area.                                                                                        back to the top

3.21         “Pools”.

Any swimming pool, installed upon a Lot, must be in the Rear Yard of a Lot (or in the case of a Corner Lot, in a location approved by the ACC) and must be fenced by a suitable ‘climb proof’ fence, the height required by applicable ordinance or state law to be climb proof.  In the absence of such standard, the fence must be at least five (5’) feet high.  All gates shall be equipped with functional locks.  The Owner and tenant, if applicable, of each Lot containing a swimming pool shall defend, indemnify and hold the Declarant and the ACC harmless from and against any liability, claim, cost or expense, including attorneys’ fees, arising out of the existence, use or maintenance of said pool.  In addition, the Owner and tenant, if any, of each Lot containing a swimming pool shall take all steps necessary to comply with any applicable municipal ordinance, rule or regulation affecting swimming pools, all hazard insurance requirements, and in any event, shall take all necessary or appropriate steps to ensure the safety of individuals coming into contact with the pool.  Each such Lot Owner, and tenant if applicable, shall maintain public liability insurance in a single limit amount of at least $1,000,000.00 per occurrence, which coverage must name the Declarant, the ACC and its members as additional insureds.                           back to the top

3.22         “Utilities”.

a)                 Utility Service Lines

All permanent utilities shall be underground.  A specific utility easement, as shown on the Plat, is hereby granted, imposed and established for this purpose.  This utility easement is for the installation of underground utility services for the benefit of public and private utility companies providing utility services to the Property.  No building or other improvement shall be erected or tree planted within any utility easement.  Poles, wires, or other above ground utility service distribution facilities may be temporarily installed during the construction or repair of the underground utility cables and facilities. 

b)                 Utility Meters

All utility meters and boxes (including cable television), located on the exterior of a Building, shall be concealed from view from the public or private streets adjacent to the Lot or shall be architecturally consistent with the Residence serviced by such meter.

c)                  Planning for Natural Gas                                                                             

All Residences must be equipped with ‘black pipe’ utility service (to be compatible with future natural gas line).

d)                 Location of Propane Tanks

All propane tanks must be located in the Side or Rear Yard of each Lot, not visible from any street or neighboring Lot and shall be integrated with the Residence and surrounding landscape.   back to the top

3.23         “Satellite Dishes”.

Satellite dishes may only be installed in a Side or Rear Yard, may not be visible from any street or neighboring Lot and shall be integrated with the Residence and surrounding landscape.  The design, color, location and placement of a satellite dish must be approved by the ACC.  No approval is necessary for a satellite dish that is 18 inches in diameter or smaller.                                                         back to the top

3.24         “Towers”.

No TV, radio or other electronic tower shall be permitted.

3.25         “Furnaces/Firewood”.

Each Residence must have a non-wood burning central furnace of sufficient capacity to heat the entire Residence.  No Residence shall be heated exclusively with wood.  All chimneys and flues must be fully enclosed.  Firewood shall be stored out of sight and in the Rear Yard of each Lot, and no more than three (3) full cords of firewood may be stored at any time on a Lot.                                         back to the top

3.26         “Outside Toilet”.

No outside toilet or privy shall be erected or maintained on any Lot except for the use of workmen during the construction period for any Residence.                back to the top

3.27         “Clothes Line”.

No clotheslines shall be permitted in any Front Yard.

3.28         “Play Equipment or Structures”.

Playground equipment which is typical for residential use and is typical for preschool or elementary school-aged children is permitted if placed in the Side or Rear Yards and set back at least twenty (20’) feet from any Lot Lines.  All other athletic or competitive structures or equipment must be submitted to the ACC for approval. back to the top

3.29         “Exterior Lighting”.

Any exterior lighting on any Lot shall either be indirect or of such controlled focus and intensity that the lighting will not disturb the occupants of adjacent Lots.  The light posts for any exterior yard lighting of a Lot shall be of a design that is harmonious with the style and architecture of the Residence on the Lot.                         back to the top

3.30         “Stormwater Management”.

As a condition to the plat approval by the Town of Wyocena for the Plat, storm water generated by development of the Property must be appropriately managed.  Storm water management shall consist of the following:

a)                 Stormwater Retention Pond

A storm water retention pond to be located on Outlot 2 as shown on the Plat, will be constructed per specifications of engineers at MSA Professional Services.  Maintenance of the storm water retention pond shall be shared equally by all Lot Owners, under the direction of the ACC.  The ACC, in its sole discretion, may either perform the maintenance of the Pond itself with the help of Lot Owners or retain a landscape service to be responsible for the maintenance.  In either case, the ACC shall notify the Lot Owners and each Lot Owner shall be responsible for his, her or their pro-rata share of the cost.  If any Lot Owner does not pay his, her or their pro-rata cost, the ACC may pursue all available remedies for collection, including, without limitation, placing a lien on the Lot of the non-paying Owner as if the Owner had requested the services under Chapter 779 of the Wisconsin Statutes.  The ownership and management of the stormwater retention pond and Outlot 2 will be conveyed to the Homeowner’s Association as described below in Article IV; sub-section 4.02(b) “Replacement of Committee Members: Establishment of Homeowner’s Association.”                                           back to the top

b)                 Restriction of Certain Lots

Lots 18, 19, 36, 37, 38 and 39 of the Plat shall be restricted such that structures on those lots shall either have no basements or basements shall be water-proofed to an elevation of 816 (USGS Nad 27 datum).  First floor elevations shall be no lower than 816 (USGS Nad 27 datum).  These elevations shall be verified by a surveyor, at Lot Owners expense.  Once final grade has been established, in accordance with the final Grading Plan attached hereto as Exhibit “B”, no additional filling may occur on these lots except for a three thousand (3,000) square foot maximum building envelope, as approved by the ACC.     back to the top

c)                  Rain Gardens

As part of the required landscaping for each Lot, the Owner of each Lot is responsible for the construction, maintenance and expense of a rain garden, on the Lot, for stormwater drainage control.  A rain garden is a garden that collects rainwater.  The purpose of the rain garden is to collect stormwater from roofs, driveways and other impermeable surfaces.  Each Rain Garden should be located so as to maximize the collection of rain water and allow it to soak into the ground.  Increasing the amount of water filtering into the ground and not running off recharges groundwater and helps reduce the amount of pollutants washing off to lakes and streams.  Effective rain gardens should decrease the amount of stormwater run-off to the stormwater retention pond and decrease the potential for maintenance of the stormwater retention pond (described in Sec. 3.30 (a) above).  Landscaping plans must include, to the extent feasible, swales and other devices to move stormwater run-off to the rain gardens.  Rain gardens will range in size from 200 to 400 square feet and range in depth from 3 to 18 inches.  Each rain garden shall be planted with water tolerant plants or, alternatively, have rock bottoms.  A list of appropriate species and shrubs is attached to these Covenants as Exhibit “C”.  Each Lot Owner must submit their building plans to a qualified environmental landscaper approved by the ACC.  The landscaper will determine the size, possible locations and possible designs of the rain garden or gardens (this will be dependent on the roof size, driveway size, topography, and soil type).   Following installation of the rain garden/gardens, no reduction in size or depth may be made without the prior written consent of the ACC.

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ARTICLE IV -- ARCHITECTURAL CONTROL COMMITTEE

4.01         “General Statement of Purpose”.

In exercising any authority under this Declaration, the Architectural Control Committee shall act in accordance with the following criteria:

a)                 To assure the most appropriate development and improvement of the Property.

b)                 To prevent the erection of poorly designed or poorly proportioned Buildings or Buildings constructed of improper or unsuitable materials.

c)                  To encourage and secure the erection of attractive, adequately sized Residences, with aesthetically pleasing landscaping, which conform and harmonize in external design and color with other Residences on the Property and which are properly located upon each Lot in accordance with its topography and finished grade elevation.

d)                 To ensure compliance with setbacks and off-street parking as specified in this Declaration.

e)                 To ensure compliance with all terms and use restrictions contained herein.                 back to the top

4.02         “Composition and Duty”.

a)                 Initial ACC

The initial ACC shall consist of Bonnie L. Weynand, Patricia A. Weynand, and Robert D. Weynand, or individuals appointed by Declarant (“Initial Committee”).  The Initial Committee shall have the option to expand the ACC to five (5) members, which additional members must be Lot Owners and which Lot Owners shall serve at the pleasure of the Initial Committee as originally constituted.  The powers and duties of the ACC shall continue for the term of this Declaration and any extensions thereof.   back to the top

b)                 Replacement of Committee Members: Establishment of Homeowner’s Association

The Initial Committee shall serve until the earlier of:

(i) the date on which Declarant ceases to have title to any Lot in the First Addition to Swan Lake Summit Estates, or

(ii) the voluntary resignation by the members of the Initial Committee. 

At such time, the Initial Committee shall  (i) cause to be incorporated “The Swan Lake Summit Estates Homeowner’s Association” (or a variation thereof, if the name is not available) as a Wisconsin non-stock corporation (“Homeowner’s Association”), and (ii) notify all Lot Owners, as provided in subsection 5.06, of a meeting of Lot Owners convened for the purpose of adopting Bylaws and electing a Board of Directors for the Homeowner’s Association. The Bylaws of the Homeowner’s Association shall provide that all Lot Owners shall be members of the Homeowner’s Association with each Lot entitled to one (1) vote, regardless of how many Owners of a Lot there are.  Election of the Board of Directors shall thereafter be held at said meeting pursuant to the adopted Bylaws of the Homeowner's Association.  The duly elected Board of Directors shall thereafter  be and assume the duties of the ACC as set forth herein.  Additionally, the Homeowner's Association shall take title to Outlot 2, First Addition To Swan Lake Summit Estates, upon conveyance by the Declarant and shall thereafter be responsible for all obligations as set forth herein with respect to Outlot 2 and the stormwater retention pond described in Section 3.30 above.   back to the top

c)         Variances

The ACC shall have the right, in its sole discretion, to grant a variance to any of the covenants and restrictions in this Declaration.  In granting any such variance, the

ACC does not assure that the use or activity of the Owner is feasible, safe or in compliance with any municipal zoning or building code or ordinance or any other law.  Determination of feasibility, safety or legal compliance is the sole responsibility of the Owner and Owner’s professional advisors.  A variance, as herein provided, shall not be subject to Section 5.01 below.   back to the top

d)                 Inspections

The ACC and/or its designated representatives shall have the right, but not the duty, to inspect the construction or alteration of any Residence, Accessory Building or other improvement on any Lot, without notice and during regular business hours, to ensure construction is performed in accordance with the plans and specifications previously approved by the ACC, as well as compliance with the covenants and restrictions of this Declaration.

4.03         “Procedure”.

1)               No Residence, Accessory Building or other improvement (including but not limited to: fences, decks, patios, swimming pools, tennis courts, rain garden, animal enclosures or houses, mailboxes, driveway monuments, exterior lighting, flag poles, solar collectors, wind-powered generators, antennae or dishes, compost systems or play structures) shall be commenced, erected, placed or substantially altered on the exterior (except for normal repainting in original color), until the plans and specifications have been submitted to and approved in writing by the ACC.  All subsequent changes in exterior finish, color or materials must also receive prior ACC approval.                                    back to the top

2)               All building and construction plans and specifications are to be submitted to the ACC and must include the following:

a)               A survey map showing the location of (1) the proposed well and septic system, and (2) all improvements.  [See subsection 4.03 a) 1)] immediately above, for suggested possible “improvements”.

b)               Elevations and architect’s or draftsman’s rendering of the Residence, including the driveway, any Accessory Building and the location of the propane tank.

c)               Detailed landscape and site plans for the Lot identifying proposed grades and landscaping.

d)              Details of materials to be used in construction and proposed exterior colors.

e)               General contractor and list of all principal sub-contractors.

Once approved, these items shall not be changed without resubmission to the ACC. back to the top

3)               The ACC may require a meeting with the contractor and Owner to discuss all plans and specifications.

4)               The ACC shall not unreasonably withhold approval of any plans submitted pursuant hereto; provided, however, that failure to meet (i) the standards contained herein, (ii) standards as to plans required to be submitted as adopted by the ACC from time to time, (iii) standards as to compatibility with existing structures as adopted by the ACC from time to time, and (iv) standards of appropriateness of any structure, exterior design, construction materials, size of improvements, or color scheme thereof as adopted by the ACC from time to time, shall be grounds for the ACC’s disapproval of any such plans or contractor.  The approval of any contractor by the ACC shall not be unreasonably withheld.

5)        If the ACC has not provided written approval of plans and specifications within sixty (60) days after the ACC has acknowledged in writing the receipt of said plans and specifications, the plans and specifications will be deemed approved.                     back to the top

6)       Neither the ACC nor any member thereof shall be liable to anyone who has submitted plans for approval, to any Lot Owner, or to any other person or entity by reason of approval or disapproval of plans or of a mistake in judgement, negligence, or nonfeasance of itself, its members, its agents or employees, arising out of or in connection with the approval or disapproval of any such plans or the performance or non-performance of the ACC’s duties as described herein.  Likewise, anyone so submitting plans to the ACC, for approval, by submitting such plans, agrees that he, she, it or they will not bring any action or suit to recover for any such damages against the ACC or any member thereof, or their heirs, successors, agents, or employees thereof.  The review, opinion, approval or disapproval of any plans or specifications by the ACC shall not constitute assumption of responsibility for the accuracy, sufficiency, safety, propriety or legality thereof, nor shall such review, opinion, approval or disapproval constitute a representation or warranty that the plans or specifications comply with any applicable laws, codes, statutes or ordinances.  The Lot Owner and the Owner’s builder, engineer or other professional advisor shall have the sole responsibility to ensure compliance with all such requirements.  Neither the Declarant, the ACC nor its members shall be liable for any such matters.                                                                                                  back to the top

ARTICLE V -- MISCELLANEOUS

5.01         “Term and Amendment of the Covenants”.

This Declaration, or any part thereof, may be cancelled, released, amended, or waived in writing as to some or all of the Lots subject to this Declaration by an instrument executed by either the Declarant or the ACC, together with the owners of not less than one-half (1/2) of the Lots subject to this Declaration from time to time and the Town Board.  For the purpose of this paragraph, Declarant shall be considered an Owner of a Lot or Lots for all Lots as to which it retains fee title.                                 back to the top

5.02         “Who May Enforce/Effect of Breach”.

a)         Any of the covenants, restrictions or easements granted, imposed or created herein may be enforced by any Lot Owner, the Declarant, the ACC or any combination of the foregoing, by the commencement of legal action against the non-complying party to compel compliance with the terms hereof and, if appropriate, to prevent any future violation by suit at law, equity, or combination thereof.

b)          Neither Declarant nor the ACC shall be liable for damages or otherwise to any Owner of a Lot or to any other person or entity for failure to enforce any covenant contained herein, nor shall Declarant or ACC be liable for damages or otherwise to anyone requesting the approval of Declarant or the ACC in accordance with the provisions hereof or to any Owner of a Lot or to any other person or entity by reason of approvals given or withheld or mistakes in judgment, negligence, misfeasance, delay or nonfeasance by either, or by its or their agents, employees, or members, arising our of or in connection with any performance or non-performance, approval or disapproval or failure to approve or disapprove, or delay or failure to act upon any request as provided or permitted herein.  Any Owner of a Lot agrees by acquiring title to such Lot, that he, she, it or they will not bring any action or suit against Declarant or the ACC, its heirs, members, successors or assigns or their agents or employees for any actions taken or omitted.

c)        Any Owner violating any of the covenants or restrictions set forth herein shall be liable for all costs of curing the violation.              back to the top

5.03         “Additional Land Subject to Covenants”.

5.06         “Notice”.

EXHIBITS