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been given tl"re plans shall be strictly adhered to by the Lot Owner, unless subsequelt changes areapproved by the Architectural Control Cornmittee.

Irt passing upon the plans and specifications, the Cormnittee may take into consideration thesuitability of the proposed building or other structure or improvement, its design, elevation, color,construction materials, the hannony thereof with sunounding buildings, its proposed locatiol, theview from other properties in the Subdivision, and such other riatters of terrain, environmentalimpact, aesthetics, and impact upon other Lots in the Subdivision as the Committee may deen1appropriate. The Cotnmittee shall irave the right to waive minor infractions or deviations from theserestrictions in the case of hardsirip and/or common sense. Any actiol by the Cornnittee shall befinal and conclusive as to all persons tiren or thereafter orvning Lots covered by these restrictions.The Cornmittee shall not be liable for actions taken or decisions nade in good faith.

In addition to the requirements of these restrictions, all construction shall comply withapplicable zoning and building code requirements. It is not intended that the Committee have fullknowledge of, or expertise in, matters of zoning, building codes or proper drainage. The Committeeshall have rlo liability or respousibility in the event it approves plans w|ich fail to comply withapplicable zoning or building codes, and/or which fail to properly handle drainage. i1 the event thatapproved plans violate applicable zoning or buiiding codes, or fail to properly handle drainage, itshall be the sole responsibility of the Lot Owner to discover and detemine the error, to have theappropriate corrections made to the plans, and to resubmit the corrected plans to the Committee forits approval.

6. DWELLINGS AND OTHER STRUCTURES

All Lots shall be used only for singie family residential pulposes, and such recreationalpulposes pemritted by this Declaration and applicable zoning. All dwellings shall be designed by ahome designer, registered architect or equally qualified individual or fin1.

It is speciflcally intended, by the architectural control provisions set forth herein, that therebe a compatibility of architectural styles amongst the various homes that are in close visualproximity to one another, while at the same time retaining diversity so as to avoid the monoto,y ofduplication. Toward this end, the Architectural Control Cornmittee may evaluate and approve tireuse of a particular architectural style of horne on any given Lot in the Subdivision. tn making thatevaluation, the Architectural Control Committee may consider the proposed residence in relation toexisting homes or previously approved homes that will be in close visual proxiniity to the proposedresidence. The Architectural Control Committee, in its sole discretion, miy grant conceptualapproval for the use of a certain exterior design on any Lot i1 the Subdivisio}, and reserve the useof said desigr for said Lot, prior to receiving the actual plans as required pursuant to paragraph 5above. Any such conceptual approval and/or reservation may be rescinded by the ArchitectuialControl Comrnittee at any time, at its sole option, upon not less than sixty (6b) days written noticeto the Lot Owner, if the Lot Owner fails to submit the fuIl set of plans a.-reqrlr-ed pursuant toParagraph 5 above prior to the expiration of said notice period, und/or if the Cornmittee rejects theplans so submitted.

The exterior siding of all dweilings shall consist of brick, stone, cedar, or other naturalrnaterial approved by the committee. The Architectural Control Committee, in its sole discretion,shall have the right to permit the use of ar1ificial stone, artificial brick, cornposite wood, cementboard type siding, Dryvit tlpe siding and/or other types of siding as it may deem appropliate topresen,e the architectural integrity and quality appearallce of divellings in tire Subdivision. Inaddition to the foregoiug, exterior siding may consist of and providing that the architecturalintegrity of the home is not adversely affected by the use of such material. No exterior wa1ls shallhave twenty (20) feet or more of continuous wall without a door or window. No exposed pouredconcrete or concrete block over eight (8) inches above grade shall be permitted on any house.Where block or concrete would otherwise be exposed, it must be covered by the house siding, or bybrick or stone. The roofing of all dwellings shail consist of fully dirnensional asphalt shingles, witha minimum thirly (30) year rating, or wood or tile. Conventional asphalt sl-ringles shall not bepermitted. The Architectural Control Committee, in its sole discretion, may permit or prohibit theuse of other tlpes of roofing materials (such as fiberglass shingles) having substantialiy the sarleappearance as the pennitted materials, as it rnay deem appropriate, to preserve the architecturalintegrity and quality of appearance of dwellings in the Subdivision. Fufther, the ArchitecturaiControl Committee may, in their sole discretion, pennit the use of such other forms of high qualityand aesthetically pleasing roof materials as may be available now or in the future, including but notlimited to nrasonry and/or copper. The main portion of the roof shall have a minimum pitch of 7/12unless the Architectural design of the home is affected by a rninirnuni pitch of 7112, a lesser pitchmay be pemitted or denied at the sole discretion of the Architectural Control Committee. A lesserpitcir over other areas, slich as porches, breezeways and bays, rnay be pennitted or denied at thesole discretion of the Architectural Control Committee

All hornes shali include an attached garage with a minimum of 528 square feet. TheArchitecturai Control Con-rmittee, at its sole discretion, may prohibit any attached garage which hasan exterior appearallce of having a capacity of more than 3 cars. All garages shall be equipped withautonratic garage door openers for all overhead doors. Ali garages shall be side entry garages whereever possible, and shall not face a public street (unless on a comer lot), unless such side entry isdetermined by the Arcliitectural Control Cornmittee, in its sole discretion, to be unfeasible orirnpractical, based upon the lot dimensions and/or the house design. No d.etached garages shall bepermitted. No storage shed shali be allowed on any Lot. Other types of outbuildings, such asgazebos, pool equipment and/or changing room facilities, etc. rnay be allowed, providing they areapproved, as to design, location and landscaping, by the Architectural Control Cornmittee. Nooutbuilding shall be constructed on any Lot prior to the comrrrencement of construction of thesingle lamily residence on such Lot.

A11 Lot Owners are further advised that outbuilding construction is also subject toapplicable zoning otdinances, and may be prohibited or restricted by the Village of Caledoniaunless a variance or conditional use permit is obtained.

7. MINIMUM SQUARE FOOTAGE REQUIREMENTS

Hottses constructed in Blue River Preserve Development shall have a minimum squarefootage of living space as follows:

i. One story houses shall have a minimum square footage of living

space of not less than 2,10A square feet.ii. One and one-half story and tr.vo story houses shall either have a

nrinimum square footage of living space of not iess than 2,55A square feet totalwith not less tl"ran 1,350 square feet on the first floor.

iii. Spiit level houses (three or nlore levels) shall have a minimumsquare footage of living space of not less than 2,550 square feet totai on theupper trvo levels.

v. Bi-level houses shall not be permitted.

Living space is detemrined by the outside dimensior.ts (exclusive of garages, porches, patios,breezeways, sunrooms and similar additions) of the exterior walls of above grade finished livingspace. In no event shall floor space which is parlially or cornpletely below finished yard grade(such as basetnent space, whether or not exposed, and/or the lower level of a split-level) be countedfor purposes of detenlining minimum squar€ footage of living space. The minimum square footageshall be determined as of the time of initial construction, and shall not consider or includeunfinished areas or future additions.

Notwithstanding the above tninimum square footage requirernents, the, Architectr-rral ControlCommittee shall have the right, in its sole discretion, to reduce the square footage requirement forany house by up to 10 o/o (but not below the minimum required by applicable zor-ring), providing thehouse contains outstanding architectural features and/or materials.

8. COMMENCEMENT OF AND COMPLBTION OF CONST.RUCTION

Any exterior construction commer-rced shall be completed within a one-year period and shailbe ready for occupancy within that period. Also, within one year of occupancy or within two yearsof tire colnmeltcement of construction, whichever date shall be shorter, the owner of such Lot shalllandscape any area disturbed by construction, and shall complete al1 landscaping in accordancewith the plans and specifications approved by the ArchitecturalControl Committee.

During the time of construction, the Lot Owner shall be responsible to see that his or hercontractor maintains a constant cleanup of all scraps, paper or other waste materials, and all dirt andmud tracked onto public streets. Lot Owner shall maintain an onsite dumpster during thecoustruction to assure site maintenance upoll commencement of construction. The Lot Owner shallfurlher be responsible for the repair of any and all damage to the public right-of-way adjacent to theLot, including but not limited to any pavement, sidewalk, curb, gutter, ditch, swale and/or culvert,and to any drainage ditches, swales and/or other drainage facilities on the Lot, occurring prior tocompletion of construction. In the event that the owner or his contractor shall fail in thisresponsibility, the Developer shall have the right to perfonn the necessary cleanup and/or make thenecessary repairs and to obtain reimbursement for the expense incurred by the Developer, as setforth in Paragraph 9 below.

During any earth moving activities, proper erosion control practices shall be installed toprevent sediment entering stotm water drainage ways 01'leaving tlie immediate construction site.

Coustruction activities related to improvements upon any Lot shail not spill over or occuron any outlot within the Subdivision, except for those constructiotr activities contemplated orprovided for in the Stewardship Plan. All construction activities shall cornply with appiicableVillage of Caledonia and Racine Coi"rnty ordinances.

9. FAILURE TO COMPI,Y

In the eveut the Lot Orvner and/or his or her contractors fail to conrply with the cleanuprequirements and/or repair of any damaged sidewalks, curbs and/or gutters, drainage facilities,public right-of-way and/or other improvements required by the Village of Caledonia, and in theevent the Developer, as a result of such noncornpliance, undeftakes any cleanup or repair, andlor ischarged or assessed by the Village of Caledonia for same, the Developer shali be entitled torecover, upon demand, from the Owners of the applicable Lot, jointly and severally, all costs andexpenses incurred by Developer for such cleanup andlor repair, together with all costs and expensesof collection, including but not lirnited to reasonable actual attomey's fees. In the event the LotOwner and/or the Lot Owner's contractors fail to comply with the architectural or otlierrequirements or provisions of this Declaration, and in the event Deveioper retains an attomey topursue enforcement of said requirements and/or provisions, the Developer shal1 be entitled torecover, upon demand, frotn the Owners of the applicable Lot, jointly and severally, all costs andexpenses, including but not limited to reasonable actual attorney's fees, incurred by Developer r.vithrespect to such enforcement.

10, TREES

No existing live tree with a diameter of four inches or more at a height six inches aboveground shall, without approval of the Architectural Control Committee be cut down, destroyed,mutilated, moved or disfigured. A11 existing trees shall be protected during construction andpreserved by wells or islands and proper grading in such a ffranner as may be required by theArchitectural Control Cornmittee. Existing live trees with a diameter of four inches or more at aheight six inches above the ground shall be considered by the Architectural Control Committee ingranting approval for the location of the house, driveway and any and all other structures on anyLot. No trees shall be cut down, destroyed, mutilated, moved or disfigured on any Common Lotwithout the prior approval of the Owner's Association and the Land Trust. Any action taken onany Common Lot shall be in accordance with the Stewardship Plan and the ConseruationEasement.

11. BUILDING SBTBACKS

It is one of the intentions of this Declaration to create a completed community whose siteplan is varied and well integrated to the overall site surroundings as well as the specific Lot.

The minirnum building setbacks and offsets are:

35 feet from all street right-of-way lines;10 feet minimum from side property lines; and50 feet minimum from rear property lines;

The site pian for each Lot shall be reviewed with respect to achieving the above goals andavoiding monotony or noticeabie similar placement of homes to those existing or previouslyapproved. In achieving these goals, offsets greater than those specified above may be required bythe Architectural Control Cornrnittee. Fufiher, the Architectural Control Committee, in its solediscretion, may alter the offsets to the rninimum ailorved by the Village of Caledonia if itdetennines, in its sole discretion, that tenain conditions and/or preservatior-r of existing trees sorequire.

12. DRIVEWAYS

Tire owner of each Lot shall, within one year of the date of issuance of an occupancy pennitfor the construction of a residence on a Lot, instail a hard surfaced concrete or asphalt driveway.Said driveway shall extend frorn the vehicle entry to the garage to an intersection with the publicstreet. Al1 drivervays shall be located at least 5 feet from the property iine. Al1 driveways mustcomply with applicable zoning and building code requirements of the Village of Caledonia.

13. HEIGHT OF GRADE, AND BUILDING PADS

No owner of any Lot, nor any person or persons claiming under hirn, shall or will at anytime alter the grade of any Lot or outlot from that which is naturally occurring on that Lot or outlotat the time the site development improvements have been completed by the Developer, except tothe extent required to compiy with the Master Grading Plan or any amendment thereto as approvedby the Village Engineer on file in the office of the Village Clerk, unless and until the propertyowner shall first obtain the written approval of the Architectural Control Committee and the Villageof Caledor-ria for such grade alterations.

In order to obtain this approval, it shall first be necessary for the Lot Owner, at his or herexpense, to have prepared a grading plan that shows in detail the area to be re-gi-aded, the existingand proposed topography, analyzes the effects on site drainage, and is a plan that does notunreasonably affect the drainage on an adjacent Lot or on the Common Lots or the Lot Owner'sviewing of unreasonable slope treatment.

Each Lot Owuer must strictly adhere to and finish grading its Lot in accordance with theMaster Lot Grading Plan or any amendment thereto as approved by the Village Engineer on file inthe office of the Village Clerk. The Developer andlor the Village and/or its agents, employees orindependent contractors shall have the right to enter upon any Lot or Common Lot, at any time, forthe purpose of inspection, maintenance, and correction of any drainage condition. Ercept as

specified in the Development Agreement between the Village of Caledonia and the Developer, theLot Owner is responsible for cost of the same.

Subdivision grading has been perfonned with the intention that home construction on eachLot take place within a building pad area consisting of a strip of land extending from the minirnumfront yard set-baek line to a line parallel to and 50' back fi'om said front yard set-back line, andextending across tlie Lot to the minimum side yard set-back lines. Construction of the home and/or

other improt'ements beyond the limits of such bLrilding pad area may result i1an increased risk ofencountering adverse subsoil conditions,

Missing Paragraph on Discharge

14. NUTSANCES

No noxious or offensive activities shali be canied on upon any Lot or Common Lots, norshali anything be done thereon which may be or may become an annoyarlce or nuisance to theneighborhood.

15. OUTDOOR STORAGE

No boat, unlicensed vehicle, inoperable vehicle, recreational vehicle, r,ehicle licensed as atruck, or trailer of any kind may be parked or stored on alty Lot outside of a buildi,g for any timeperiod in excess of 24 hours in any calendarweek, except for trucks a1d/or trailers used duiingconstruction or trucks and.ior trailers used durilg remodeling periods with a time period asapproved by the Cornmittee. The tenn "recreational vehicle" shall mean ar-ry vehicle used primarilyfor pleasure or recreation, and shall include, but not be limited to: snowmobiles; trail bikei; traveltrailers and campers; motor homes; and off road vehictes of any kind.

I6. UTILITY RESTRICTIONS

A11 Lots shall be provided with electric, natural gas, cable, sewer, water, and telephoneservice by nleans of underground installation only. No residence or other building or structure onany Lot shall be seryiced by the use of any secondary overhead service wires, All costs andexpenses involved in installing underground utility serice connections on any Lot between theutility companies' secondary pedestals and the buildings on any Lots sha1l be paid by the owner ofsaid Lot.

17. ANIMALS AND LIVESTOCK AND POULTRY

No animais, livestock or poultry shail be raised, bred or kept on any Lot, except that dogs,cats and/or other customary household pets shall be pemritted providing they are 1ot iaised, bredand/or kept for commercial purposes.

18. SIGNS

No sign of any kind shall be displayed to the public view on any Lot except one sign notmore than two square feet in size identifying the property of the owner, o1e sign not more than fivesquare feet in size advertising the property for sale or rent, a sign used by a builder to advertise aresidence for sale, or as a model home, but only during the construction and sales period, and suchsigns as may be used by the Developer in conjunction with initial Lot sales in the Subdivision, orone or more Subdivision entrance signs erected by the Developer and/or by the Owner'sAssociation.

19. LAWN AND YARD

In addition to the nonnal maintenance and mowing of lar.vn areas on a Lot, the owner ofeach Lot shall also maintain the lawn and yard area in front of the Lot from tire property line (frontlot line) to the back of the cr:rb and gutter section or shoulder of the public roadway. In addition tomowing the area between the Lot line and the road, the Lot Owner siall keep this area free ofdebris and in all other ways properly maintained. Notwithstanding the foregoing, the Olvner,sAssociation, in its sole discretion, shall have the right, but not thei-esponsibiity, to underlakemowitlg and/or other lawn maintenauce within the area between the front Lot iine and the road,throughout the Subdivision, and to charge the cost thereof as a Common Expense.

20. ANTENNAE

No exterior antennae, other than one dish tyre antenrla not exceeding thifty (30) inches i,diameter, shall be allowed on any Lot.

with respect to dish antennas not exceeding thirly (30) inchesnot be attached to the front of any house, nor shall same be iocated inresideuce.

in diameter, the same shallthe front yard of the

21. FENCES

It is the intention to preserve the open natural feeling of Blue River preserve Deyeiopment,senvironment' Therefore, no barrier fences or contairunent fences may be erected on or adjace,t toany lot line. Fencing to neet govemmental regulations with regard to swirnming pools will bepermitted. All ploposed fencing must adhere to the Village of Caledosia Fence Ordinance.Properly designed aud located kennels not exceeding 100 square feet in size for household pets willbe approved providing they are properry screened from pubiic view bylandscaping.

22. :jI{ATLBOX & POST

Each Lot shall have a uniform mail box and newspaper box on a unifonn post, which shallbe installed by the Lot Owner at the Lot Omer's expense no later than the date of issuance of theoccupancy pemrit- Mailbox, newspapsr box and post location shall be detenirined by tlie Village ofCaledonia and/or caledonia Post office. Tt. design and specifications of the maii box, n"*rplp.,box and post, including size, style, color, paint or slain, ani materials, shall be such as isdetennined by the Architectural Control Committee, so that all mail boxes, newspaper boxes andmail box posts have a uniform appearance throughout the Subdivision. If the post office requiresthe use of grouped mail boxes, Developer shall have tlie right to elect, as to some or all Lots, toprovide and install the mail boxes, newspaper boxes and/oiposts, and to collect fforn Lot owners,at closing on the lot sale, a reasonable charge for providing and installing same. The Owner,sAssociation shall have the right to assume itt or part of thJresponsibility for maintaining, repairing

10

and/or replacing mailboxes, newspaper boxes and/or posts, and to charge the cost thereof as aComrnon Expense. To the extent not assumed by the Orvner's Association, the Lot Owner shall beresponsible for rnaintaining the mailbox, newspaper box and post in a first class condition at alltimes, and in compliance rvith the specifications.

23. EASEMENTS

Easements for installation and maintenance of utilities, drainage facilities, and stonn waterretention or deter.rtion areas are dedicated to tlie Village of Caledonia, as shown on the recordedp1at. Within these easements, no structure, planting or other materials shall be placed or bepermitted to rernain which may damage or interfere with the installation or maintenance of utilities,or r,l,hich change the direction of flow of drainage channeis in the easerneuts, or which may obstructor retard the flow of water tl-rrough drainage channels in the easernents. The easement areas of eachlot and all improvements in it shall be maintained on a day-to-day basis by the owner of the lot,More extensive maintenance such as re-grading shall be the responsibility of the Owner'sAssociation. Any storn water retention basins shall be maintained by the Owner's Association.Hou,ever, all public storm sewers shall be owned and maintained by the Village of Caledonia.

The Developer, its successors and assigns, herewith grant to the Village of Caledonia, itsagents and employees, a perpetual easement to enter upon all lots in the Subdivision for thepuryoses of maintaining stomr water drainage facilities and any other utility located thereonpursuant to the tenns herein stated. The dimensions of the various easements are set forth on therecorded plat lor the Subdivision. The Developer, will grant any other easements to the publicutilities necessary to service the Lots at Blue River Preserve Developrnent and wiil grant alleasements as required by the Village of Caledonia, including the Conseration Easement and anyadditional easements delineated on the plat of the Subdivision,

The Viliage, and as provided for in the Conservation Easement, the Land Trust, shall havethe right to enter onto the Outlots to ensure cornpliance with this Declaration and as provided for inthe Conseryation Easement.

All rights and easements described herein are perpetual rights and are easements pertinentto and running with the land and shall be binding upon and inure to the benefit of the Lot Owners,the Developer, the Owners Association and the Village of Caledonia.

24. SWIMMING POOLS AND HOT TUBS

In-ground swimming pools shall be pennitted, subject to tlie approval of the ArchitecturalControl Cornmittee, if they n-reet Village and county ordinances and specifications. Above groundswimming pools are prohibited, including but not limited to temporary or porlable above groundpools with filtration systems. Above ground wading pools in excess of 30 square feet of watersurface area are prohibited. Hot tubs and spas are pennitted. Architectural Control Committeeapproval is not required for temporary portable units, but is required for pennanently installedunits. If placed on a concrete siab, the slab requires approval. If covered with a gazebo typestructure, the gazebo requires approval, whether or llot tlie gazebo is permanently affixed to theground.

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