10.1 Land Use and Building Type. No Lot shall be used for other than residential purposes. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) single-family dwelling, not to exceed the height limitation for the applicable zone of Herriman City as specified at the time of recordation of the Plat. All such dwellings shall meet the minimum size requirements of Herriman City as specified at the time of the recordation of the Plat. Height shall be measured as the vertical distance from average finish grade surface at the building wall to the highest point (apex) of the roof. The side yard for each building shall meet the minimum requirements of Herriman City.

     10.2 Architectural Control. To maintain a degree of protection to the investment which homeowners in this area may make, homes of superior design are requisite. Designs shall be limited to those approved by the Committee, which shall be prepared by architects or by qualified residential designers of outstanding ability whose previous work may be reviewed as a part of the approval process. In the event of any reconstruction of an improvement or a house on a Lot due to a casualty, the design, quality, and appearance of the reconstructed home shall be substantially the same as the structure initially built. No landscaping, grading, excavation, building, fence, wall, residence, or other structure, or alteration of any kind, shall be commenced, erected, maintained, improved, altered, or made until the construction plans and specifications, along with a topographical plan showing the location of all improvements, including a detailed landscaping plan, have been approved in writing by the Committee. All subsequent additions to or changes or alterations in any building, fence, wall, or other structure, including exterior color scheme, and all changes in the grade on any Lot, shall be subject to the prior written approval of the Committee. Once approved by the Committee, no changes or deviations in or from the plans and specifications shall be made without the prior written approval of the Committee. Subsequent to receiving approval of the Committee and prior to the commencement of construction, each Owner shall obtain a building permit and/or other necessary approvals, as may be required, from Herriman City.

     No construction, reconstruction or modification of a home or landscaping may commence without approval by the Committee of the working drawings including, but not limited to, the following:
          (a) Plot plans to scale showing the entire site, building, garages, walks, drives, fences, lights, and retaining walls, with elevations of the existing and finished grades and contours including those at the outside corners of the buildings and at adjacent property line and street fronts and elevations of floors from a designated point on the street.
          (b) Detailed floor plans showing dimensions and measurements.
          (c) Detailed elevations, indicating all materials and showing existing and finished grades.
          (d) Detailed sections, cross and longitudinal.
          (e) Details of cornices, porches, windows, doors, garages, garden walls, steps, patios, fences, carriage lights, etc.

     Specifications shall give complete descriptions and color samples of materials to be used on the exterior of the residence. Furthermore, to the extent provided by applicable state laws or city ordinances, no construction, reconstruction or modification of a home or landscaping may commence without approval by Herriman City.

     10.3 Construction Quality, Size and Cost. The Committee will base its approval of construction plans, specifications, landscaping plans, and other alterations on the acceptability and harmony of the external design of the proposed structures with respect to topography and grade, quality of materials, size, height, color, etc. All exterior materials and colors are to be specified on plans and submitted for approval by the Committee.

     10.4 Construction Time. The Committee shall have final control for approval of all color and material plans. There is no time limit for beginning construction; however, upon commencement, the construction time for the exterior portion of any structure shall not exceed twelve (12) months from start to finish. "Start" shall be the instant any foliage is cut or removed in anticipation of the landscaping or construction to be built. All building debris, excavation, dirt, etc. associated with the building process shall be removed within the twelve (12) month period. Such debris and excavation dirt shall not be permitted on any of the streets or sidewalks within the Project.

     10.5 Building Location. No building shall be located on any detached single-family Lot nearer than the minimum building set-back, side street and side lot lines required by Herriman City.

     10.6 Landscaping. Any trees, lawns, shrubs, or other planting provided by Declarant, including without limitation, those provided in the Common Area shall be properly nurtured and maintained by the Association.

     Only such foliage shall be removed from each Lot as is necessary for clearing the driveway, excavating for the foundation, and for lawns and patio areas. Lawn, patio, and garden areas are subject to approval by the Committee. Owners are encouraged to plant trees and shrubs to enhance the natural beauty, provide windbreaks, and improve erosion control within the Project. The planting of trees that will have a high profile and may obstruct the view from neighboring Lots is prohibited must receive prior approval from the Committee. Such trees may be pruned or removed at the discretion of the Board or the Committee.

     No planting or structures shall be placed or permitted which may damage or interfere with established slope ratios, create erosion, or change the direction of drainage channels. Landscaping or other alterations may not change, disturb, affect, or alter the drainage for the homeowner’s or any adjacent property. All materials used to retain and contour the slope of any Lot or improvement must conform with the natural extent required by applicable city ordinances of Herriman City.  All major landscaping modifications require prior approval.  Application and review are not required for the following modifications: 
   1.   Planting of annuals and perennials in existing beds. 
   2.   The installation of individual shrubs that are less than thirty inches (30”) tall on the property. 
   3.   Landscape edging, such as railroad ties, garden timbers, stone, brick, or other materials used to construct a border or retaining wall                 that is less than eighteen inches (18”) tall. 
   4.   Replacing damaged, diseased, or disfigured trees with trees of similar type. 
   5.   Vegetable gardens provided they are confined to the back yard, out of view of adjacent yards and streets, and do not exceed 800 square                feet (10’ x 8’) area.
   6.   Decorative rock (0.5” – 3” in diameter), mulch, or bark
   7.   Ornamental grasses

Architectural Review submissions shall be completed within 14 days of submission.  If more information is needed, it shall be completed within 21 days.  The submission of an Architectural Review Request does not mean that it is approved.  Projects started without approval will be issued a $250 fine. 

     Each dwelling shall have installed surrounding it an outdoor sprinkler system for fire protection and irrigation.

     Landscaping of the front yard areas of individual Lots shall be installed prior to the issuance of a certificate of occupancy by Herriman City relating to a residence constructed on such Lot, provided that with respect to residences completed during the winter months, such landscaping shall be installed on or before the immediately following May 15. Each Owner shall install Landscaping in the rear and any side yard areas of such Owner's lot within 12 months of purchasing said lot. Landscaping shall be maintained by each individual Owner. Landscaping of Common Areas shall be installed and maintained by the Association. Landscaping may include a combination of lawns, shrubs, or ground cover. Ground cover may include vegetative vines, lowspreading shrubs, or annual or perennial flowering or foliage plants. Ground cover may also include mineral or non-living organic permeable material (such as artificial turf) in not more than fifty percent (50%) of the net landscaped area. Mineral ground cover may include such materials as rocks, boulders, gravel, or brick over sand.

     During periods of drought in Salt Lake County, the Board may, by resolution, implement water-wise landscaping and/or practices that align with Herriman City.
     10.7 Temporary Occupancy and Temporary Buildings. No trailer, basement of any incomplete building, tent, shack, garage, or barn, and no temporary buildings or structures of any kind, shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during the construction of a dwelling on any property shall be removed immediately after the completion of construction.

     10.8 Accessory Structures. Patio structures, trellises, sunshades, gazebos, awnings, window treatments, blinds, flags, and any other appurtenant buildings shall be constructed of materials consistent with the colors, textures, and materials approved for the dwelling and shall be integral to the architecture of the house and subject to the prior written approval of the Committee in its discretion.

     10.9 Exterior Antennas, Lights, and Power Lines.  Except as provided for below, Exterior antennas are prohibited without the prior written approval of the Committee. Exposed metal flues, vents, ventilator, or other metallic rooftop protrusions shall be coated or painted with a neutral color which will blend harmoniously with the surrounding Property. Satellite TV dishes (up to 1 meter in diameter) will be allowed, provided they are placed or screened so they are not readily visible to neighboring Lots and streets. All power lines and similar type cables shall be buried underground. No short-wave radio antennas may be constructed on any Lot or attached to any structure thereon without the prior written approval of the Committee.

• A dish antenna one meter or less in diameter that is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.

• An antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.

• An antenna that is designed to receive local television broadcast signals.

     10.10 Nuisances; Construction Activities. Prior to commencing construction on a Lot the Owner of such Lot, except Declarant, shall post with the Association a one thousand dollar ($1,000.00) cash construction bond to cover any damage done by Owner or their contractors, subcontractors and materialmen to streets, sidewalks, curbs and utilities lines and pipes, or any clean-up expense caused by such construction activities. If no damage is done, and no repairs or clean-up is required from such Owner's construction activities, the bond, or the remaining portion thereof shall be refunded to Owner within sixty (60) days of completion of construction activities. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot, and no odors or loud noises shall be permitted to arise or emit therefrom, so as to render any such property or any portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such other property. No other nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other property in the vicinity thereof or its occupants. Normal construction activities and parking in connection with the building of improvements on a Lot shall not be considered a nuisance or otherwise prohibited by this Declaration, but Lots shall be kept in a neat and tidy condition during construction periods, trash and debris shall not be permitted to accumulate, and supplies of brick, block, lumber, and other building materials will be piled only in such areas as may be approved by the Committee. In addition, any construction equipment and building materials stored or kept on any Lot during construction of improvements may be kept only in areas approved by the Committee, which may require screening of the storage areas.
     No articles, material, equipment, or vehicles of any nature shall be parked or stored on any street location within the Property. Licensed, regularly used passenger vehicles (i.e., visitor vehicles) may be parked on streets within the Property for brief periods of time (i.e., less than twenty-four (24) hours). Overnight parking of such vehicles should generally be restricted to the driveway of the dwelling being visited. Notwithstanding the foregoing, Declarant may park or store vehicles on the street within the Property to the extent necessary or convenient for Declarant to conduct its business with regard to the Project.
     The use or operation of snowmobiles on Project streets is not permitted. The use of motorcycles and other motorized recreational vehicles which may produce audible annoyance to the Owners shall be limited to ingress and egress of the Property.
     No oil or gas drilling, development, operations, refining, storage, quarrying, or mining operations of any kind shall be permitted upon any Lot.
     The burning of rubbish, leaves, or trash on the Property is prohibited. Trash containers shall be covered and kept screened from view from the street in suitable enclosed areas from the front of the house, except during collection.
     No Owner shall permit anything or condition to exist upon any Lot which shall induce, breed, or harbor infectious plant diseases or noxious insects.
     The Board, in its sole discretion, shall have the right to determine the existence of any nuisance.

     10.11 Signs. Except as provided in this Section 10.11, no signs of any kind shall be displayed to public view on any Lot except one sign of not more than five square feet advertising the property for sale or rent. The placement of signs, graphics, or advertisements which are permanent in nature or represent advertisement for small business conducted in the home or on a Lot is prohibited. Banners, flags, lighting or decoration of the exterior of any dwelling for the purpose of promoting the dwelling for sale is strictly prohibited. Nothing in this Section 10.11 shall be construed to prevent Declarant from displaying any signs, graphics, banners or advertisements of any size or nature advertising the Project or any lot or part of the Property for sale, rent or other purpose.  Political signs are allowed in accordance with Utah State law.

     10.12 Animals. No animal, bird, fowl, poultry, or livestock of any kind shall be raised, bred, or kept on any Lot except pursuant to applicable Herriman City ordinance.  In accordance with Herriman Municipal Code 5-1D-10, No person or persons at any one residence or property 
within the City shall at any one time own, harbor or license more than three (3) adult dogs, three (3) cats or two (2) ferrets, and no more than four (4) total dogs, cats or ferrets in any combination.  All dogs, cats, and ferrets must be licensed each year.
     10.13 Repair of Building. No building or structure on any Lot shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event any building or structure is damaged or destroyed, then, subject to the approvals required by Section 10.2 above, such building or structure shall be immediately repaired or rebuilt or shall be demolished.

     10.14. Restriction on Further Subdivision, Property Restrictions, and Rezoning. No Lot shall be further subdivided or separated into smaller lots by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner, without the prior written approval of the Board, which approval must be evidenced on the Plat or other instrument creating the subdivisions, easement, or other interest. No further covenants, conditions, restrictions, or easements shall be recorded by any Owner or other person against any Lot without the provisions thereof having been first approved in writing by the Board, and any covenants, conditions, restrictions, or easements recorded without such approval being evidenced thereon shall be null and void. No application for rezoning of any Lot and no applications for variances or use permits shall be filed with any governmental authority unless the proposed use of the Lot has been approved by the Board and the Committee and the proposed use otherwise complies with this Declaration.

     10.15 Non-Residential Use. No gainful occupation, profession, or other non-residential use shall be conducted on any Lot, and no persons shall enter onto any Lot for engaging in such uses or for the purpose of receiving products or services arising out of such usage; provided, however, gainful occupations or professions may be operated or maintained in a Lot provided that: (i) any such business, profession or trade may not require heavy equipment or create a nuisance within the Project, (ii) may not noticeably increase the traffic flow to the Project, (iii) may not be observable from outside the Lot, and (iv) may only be carried on following approval from the city with jurisdiction over the matter, pursuant to all applicable state and city laws, rules and ordinances in effect at the time any such use is requested. Specifically, it is contemplated that certain "home office" businesses, professions or trade which rely heavily on the Internet and other similar type of technological advances may be operated or maintained within a Lot, subject to the foregoing limitations and all other limitations of this Declaration.

     10.16 Fuel Storage. No tank for storage of fuel may be maintained above the surface of the ground without the prior written consent of the Committee.

     10.17 Building Material Storage. Excluding with respect to the initial construction of residences within the Project, no building material of any kind or character shall be placed or stored upon any Lot until the Owner thereof is ready to commence improvements, and then the material shall be placed within the property lines of the Lot upon which the improvements are to be erected and shall not be placed in the streets or between the curb and the property line.
     10.18 Reservation of Access, Maintenance, and Utility Easements. Declarant reserves easements for access, electrical, gas, communications, cable television and other utility purposes and for sewer, drainage and water facilities, and maintenance of the respective Lots by the Owners or agents authorized to conduct maintenance on behalf of the Owner, (whether servicing the Property or other premises or both) over, under, along, across and through the Property, together with the right to grant to Herriman City and Salt Lake County, or any other appropriate governmental agency or to any public utility or other corporation or association, easements for such purposes over, under, across, along and through the Property upon the usual terms and conditions required by the grantee thereof for such easement rights, provided, however, that such easement rights must be exercised in such manner as not to interfere unreasonably with the use of the Property by the Owners and the Association and those claiming by, through or under the Owners or the Association; and in connection with the installation, maintenance or repair of any facilities as provided for in any of such easements, the Property shall be promptly restored byand at the expense of the person owning and exercising such easement rights to the approximate condition of the Property immediately prior to the exercise thereof.

     10.19 Solar Equipment. Solar panels (if any) are to be integrated into roof design. Panels and frames must be compatible with roof colors, all equipment must be screened from view, and prior written approval must be obtained from the Committee.

     10.20 Pools, Spas, Fountains, Game Courts. Pools, spas, fountains, and game courts must be approved by the Committee and shall be located to avoid impacting adjacent properties with light or sound. Pool heaters and pumps must be screened from view and sound insulated from neighboring houses. Nothing herein shall be construed as permitting the construction of skateboard areas and/or similar area ramps, which structures shall be prohibited.

     10.21 Fences and Walls. Fencing and walls shall be constructed of materials consistent with the colors, textures, and materials approved for the dwelling and shall be integral to the architecture of the house and subject to the prior written approval of the Committee in its discretion.

     10.22 Parking and Storage.  No major mechanical work or repairs are to be conducted in streets or front yards.  No inoperative vehicle shall be placed or remain on any Lot adjacent street for more than forty-eight (48) hours.  No commercial-type vehicles and no trucks shall be parked on the front yard setback of any Lot or within the side yard buildings setback on the street side of a corner Lot, or on the residential street except while engaged in transportation.  Trucks over three-quarter ton capacity, buses, tractors, and maintenance or commercial equipment of any kind shall be parked or stored on a concrete pad behind the front yard setback in an enclosed area screened from street view as approved by the Committee.  Sufficient side yard gate access should be planned and provided for in the design of the home to permit ingress, egress, and storage on the side and rear yards, if any, of trailers and recreational type vehicles.  The storage or accumulation of junk, trash, manure, or any other offensive or commercial materials is prohibited.  No pads used for the storage of items other than vehicles, either temporarily or permanently, shall be constructed within the side or the front yard setback requirements of a given Lot.  Subject to approval by the Committee, driveways may be extended (with concrete) towards the same-side property line to facilitate off-street parking.

10.23 Additional Easements.
          (a) Easements for Encroachments. If any part of the Common Areas as improved now or hereafter encroaches upon any Lot or if any structure constructed by Declarant on any Lot now or hereafter encroaches upon any other Lot or upon any portion of the Common Areas, a valid easement for such encroachment and the maintenance thereof, so long as it continues, shall exist. If any structure on any Lot shall be partially or totally destroyed and then rebuilt in a manner intended to duplicate the structure so destroyed, minor encroachments of such structure upon any other Lot or upon any portion of the Common Areas due to such reconstruction shall be permitted; and valid easements for such encroachments and the maintenance thereof, so long as they continue, shall exist.
          (b) Easements for Construction and Development Activities. Declarant reserves easements and rights of ingress and egress over, under, along, across and through the Property and the right to make such noise, dust and other disturbance as may be reasonably incident to or necessary for the (a) construction of residences on Lots, (b) improvement of the Common Areas and construction, installation and maintenance thereon of other infrastructure improvements and other facilities designed for the use and enjoyment of some or all of the Owners, and (c) construction, installation and maintenance on lands within, adjacent to, or serving the Property of other facilities planned for dedication to appropriate governmental authorities. The reservations contained in this paragraph shall expire twenty-five (25) years after the date on which this Declaration was first filed for record in the Office of the County Recorder of Salt Lake County, Utah.

     10.24 Declarant's Exemption. Declarant is exempt from all conditions and restrictions set forth in this Article X. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of temporary structures, trailers, improvements or signs necessary or convenient to the development, marketing, or sale of property within the Project. Nothing contained in this Declaration shall be construed to prevent the operation by Declarant of model homes within the Project or the designation and/or operation of parking areas for such model homes.