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Abbreviated DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS*
For Mountain Shadows subdivisions no. 1, 2, 3 & 4
* This document has been extensively edited and abbreviated. The complete Declaration of Covenants, Conditions, and Restrictions will be provided upon request.
Land Use
Each Lot, except Lot 1, shall be used solely for residential purposes and shall not be used for the conduct of trade, business, or professional activities, except business activities which may be conducted through a "home office" or telephone sales services or the like.
Residence Construction
Each Residence constructed on a Lot shall be a "single-family" dwelling. No more than one (1) primary building and two (2) outbuildings shall be allowed on a Lot. All outbuildings shall contain at least 150 square feet of floor area measured from the outside walls. All Residences on a Lot shall be constructed of the same materials in order to have the same exterior appearance. All Residences shall have either wood siding or be of log construction. Stone, brick or stucco accents are permissible. All Residences shall have solid colored metal roofs unless a different fire proof roofing material is approved by the ACC. Every roof on a Lot shall be of the same color.
Landscaping
The Owner, at the Owner’s sole cost, shall cause the Lot to be landscaped with native grasses, plants and trees. All landscaping should be maintained so as to minimize the fire danger to any Residence. The Division of Environmental Quality has imposed a restriction that no outside watering will be allowed from the community water system.
Fences
No fencing may be constructed on any Lot. However, an Owner may construct a pen or corral for horses, llamas and similar riding or pack animals. Such pen or corral shall not exceed 1,200 square feet and shall be of wood or log construction. No barbed wire fences shall be allowed on any lot.
Permitted Use of Recreational Equipment
Snowmobiles, ATVs, motorcycles and other recreational vehicles and equipment shall not exceed 20 miles per hour while operating in the Development. No snowmobiles, ATVs, motorcycles or other recreational vehicles shall be operated before 8:00 a.m. or after 10:00 p.m. All vehicles shall be driven so as to maintain the peace and quiet of the Development.
Motor Homes/Recreational Vehicles
Except for the purpose of loading or unloading, an Owner shall not park or store motor homes, RV's, boats, snowmobiles, trailers, motorcycles or other recreational equipment or vehicles on a Lot or adjacent street unless the same is fully garaged.
Animals
No livestock, including, without limitation, cattle, swine, poultry, sheep or other animals raised for breeding or consumption purposes, shall be raised, bred, or kept on any Lot. Horses, llamas and similar riding or pack animals, dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.
Private Roads
All roads within the Development shall be private roads owned by the Association for the use and benefit of all Owners, their successors and assigns, and shall be appurtenant to and for the benefit of the Development and each portion thereof and shall run with the land.
Utility Services
All Lots shall be served with underground utility lines for power, water and telephone services. The costs of bringing water, electricity and telephone to the Owner's Lot will be paid by Declarant. Each Lot Owner shall pay for any additional costs for final hookups charged as a condition precedent to final connection as well as any other utility service not supplied by Declarant.
Domestic Water
Each Lot shall have the right to use water from a domestic water system ("DWS") to be owned, operated and maintained by the Association. The DWS will provide water for culinary and other ordinary domestic household use and may not be used to water a lawn, pasture, landscaped area or other similar areas.
Operating the Domestic Water System
The DWS is regulated by the Idaho Department of Health and Welfare, Division of Environmental Quality ("DEQ"), and the US Environmental Protection Agency ("EPA"). Besides routine operation and maintenance requirements, routine system monitoring is required at frequencies of monthly, yearly and other periods. The results of these tests will be reported to DEQ.
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