The following is an outline of the steps to be followed prior to construction, along with the landscaping, lighting, mailbox, and building and architectural requirements for homes constructed in Slater Farms.  Please contact Jim Stone at Precedent (805-1286) or Barbie New at 805-1109 with any questions you have.       

I.             Approval process for house plans, plot plans and other pertinent information required for approval by the New Construction Committee (NCC).

A.            All new home plans must be submitted to and approved by the New Construction Committee prior to obtaining a building permit.  A construction deposit of $500 payable to the Developer must be submitted along with the plans to be reviewed.  If the plans are denied, this deposit shall be immediately refunded.  If the plans are approved this deposit shall be held until the home is 100% completed.  These funds may be used by the developer if the owner causes any damage to the streets or neighborhood signage, or if the owner or builder leaves trash, dirt, gravel, etc… on the lot or adjacent lot which requires the developer to clean up or remove.  The Developer shall provide an owner and/or builder with two weeks notice prior to expending any of these funds.  Upon 100% completion of the home the owner may request a refund of any unused construction deposit, which would be refunded within two weeks.

B.            Submit 3 sets of plans (architectural drawing and plot plans) along with the attached New Home Approval Form to Precedent Development.  The plans will be approved or denied by the NCC within 21 days from the date the plans are submitted.  Once approved or denied, two sets of plans will be returned to the builder/lot purchaser. 

SPECIAL NOTE: Tree Conservation/Preservation Areas

The tree conservation/preservation areas upon any lot must be denoted on plot plans and the builder/lot purchaser is responsible for adhering to all guidelines as set out in the Covenants and Restrictions for these areas.  A copy of the specific Tree Preservation and Tree Conservation requirements as set out in the Covenants and Restrictions is detailed below in item VIII and IX.

C.            A landscaping plan identifying areas where natural vegetation will be disturbed and all proposed plantings with size, type and species.  This can be approved at a later date but must be submitted prior to installation.  Subject to weather, landscaping should be installed within sixty (60) days following substantial completion of residence. (See detailed Building Requirements attached.)

D.            Exterior colors and materials can be approved at a later date, but in all cases these items must be approved before masonry work, painting or roofing begins.  For your convenience, an exterior colors and material submittal sheet has been attached which must be submitted for approval.

E.            Please refer to the Declaration of Covenants, Conditions and Restrictions for Slater Farms, the Architectural Standards, Guidelines and Procedures, and the plat for each section when preparing house and plot plans especially with regard to the tree conservation and preservation areas.

F.            Each owner, at his/her expense will be required to install a uniform dusk to dawn light, a uniform mailbox, and sidewalks per the standards established by the NCC. 

II.            Building Guidelines

1.             Definitions:

A.            Ridgeline.  The intersection of two horizontal roof planes, or the angle formed by them, which form the peak of a pitched area.

B.            Historical Style.  Historical Architectural Styles are established by and shall mean and refer to such homes as (i) colonial homes, (ii) cape cod homes, (iii) craftsman homes, (iv) traditional farmhouse homes, (v) french country homes, or (vi) homes with various exterior architectural elements, taken from the foregoing, to create more recent versions of the foregoing. 

The Department of Planning and Development of the City of Noblesville, Indiana (the “Department”) shall have the authority to determine whether a specific house plan qualifies as a Historical Architectural Style entitled to the modification, in the manner specified in these guidelines, of the standards set forth in these guidelines.  All house plans submitted for approval shall first be approved by Precedent prior to submission to the Department.  The Department shall have the authority to approve a house plan as a Historical Architectural Style.

                                                C.            Natural Materials.  Brick, wood, limestone or natural stone.

D.            Manmade Materials.  Composite wood material (LP siding), stucco, EIFS, cultured stone, concrete fiber board (Hardiplank or similar materials) or resin based products (fypon).

                                                E.            Corner Lot.  A Lot having frontage on two (2) public streets.

F.            Lot.  A parcel of land designated as such upon the Plat (as hereinafter defined) upon which there is constructed one (1) single detached home.

G.            Front Facing Garage Doors.  A garage door that is parallel to the front elevation of the home.

H.            Corner Home.  A home that is constructed on a Corner Lot.

I.             Overhang.  The portion of the roof structure that extends beyond the exterior framing walls of a home.

J.             Masonry.  Brick, limestone, natural stone, cultured stone, stucco and EIFS or other similar building material or a combination of the same, bonded together with mortar to form a wall, buttress or similar mass.

K.            Plat.  The subdivision plat or plats for the real estate commonly known as Slater Farms  recorded with the Hamilton County Recorder.

2.             Minimum Square Footage:

                Slater Ridge:

A.            One-story homes shall have a minimum area of 2,000 square feet.

B.            Two-story homes shall have a minimum area of 2,600 square feet.

Slater Woods:

A.            One-story homes shall have a minimum area of 2,200 square feet.

B.            Two-story homes shall have a minimum area of 2,800 square feet.

                                3.             Setback Requirements:

                                                A.            5 foot minimum side yard

                                                B.            15 feet between residences

                                                C.            25 foot front and rear yard setback

                                4.             Roof Ridgelines:

                                                Slater Ridge:

A.            One-story homes, excluding Historical Style homes, shall have a minimum of three (3) Ridgelines; provided, however, that only two (2) Ridgelines are required if the exterior surface of the first floor of both (i) the front elevation and (ii) the two (2) side elevations are Masonry.

B.            Two-story homes, excluding Historical Style homes, shall have a minimum of three (3) Ridgelines; provided, however, that only two (2) Ridgelines are required if both (i) the exterior surface of the first floor of the front elevation and (ii) the exterior surface of the first floor of the two (2) side elevations are Masonry.

C.            Historical Style homes shall have a minimum of two (2) Ridgelines.

D.            Enclosed porches shall count as a Ridgeline.  Unenclosed, covered porches shall not count as a Ridgeline unless the roof extends to the main roofline of the home.

Slater Woods:

A.            One-story homes, excluding Historical Style homes, shall have a minimum of three (3) Ridgelines.

B.            Two-story homes, excluding Historical Style homes, shall have a minimum of three (3) Ridgelines.

C.            Historical Style homes shall have a minimum of two (2) Ridgelines.

D.            Enclosed porches shall count as a Ridgeline.  Unenclosed, covered porches shall not count as a Ridgeline unless the roof extends to the main roofline of the home.       

                                5.             Roof Pitch:

A.            Slater Ridge:  The roofline along the front elevation to the roofline along the back elevation (front to back) shall have a pitch ratio of seven (7) feet vertical to twelve (12) feet horizontal.

                Slater Woods:  The roofline along the front elevation to the roofline along the back elevation (front to back) shall have a pitch ratio of eight (8) feet vertical to twelve (12) feet horizontal.

B.            The roofline of gables located on and parallel to the front elevation shall have a pitch ratio of ten (10) feet vertical to twelve (12) feet horizontal.

C.            Ancillary roofs such as porches, bays or walkways may possess a lower pitch ratio than the minimum requirements set forth above.

6.             Roof Overhangs:

A.            Each home shall have a minimum twelve (12) inch framed Overhang for all elevations.  Where Masonry meets any Overhang, the Overhang shall measure a minimum of eight (8) inches.

7.             Corner Breaks:

A.            Each home shall have a minimum of three (3) corner breaks on the front and rear façades.  The exterior corners of a covered porch, the outermost corners of the home, and the exterior corners of any projection with a height of no less than six (6) feet shall count toward this requirement.

8.             Equipment Vents:

A.            All vents shall attach to the rear elevation or side elevation of the home to reduce visibility from the street.

9.             Foundations:

                                                A.            Slab foundations are not permitted.

B.            Exposed concrete or block foundations are limited to four (4) inches or the minimum required by the applicable building code or siding manufacturer’s specifications, whichever is greater.

10.          Windows:

A.            Window types shall be vinyl clad, aluminum clad or wood.

B.            A one-story home shall have a minimum of four (4) windows on the front elevation and a minimum of four (4) windows on the rear elevation.  Side elevations require a minimum of one (1) window per elevation.

C.            A two-story home shall have a minimum of six (6) windows on the front elevation and a minimum of six (6) windows on the rear elevation.  Side elevations require a minimum of two (2) windows per elevation.

D.            All windows shall have either shutters and/or architectural treatment, unless such treatment is not consistent with the Historical Style of a home.  For windows located in an elevation having an exterior surface constructed of Masonry, the treatment shall be of Natural Materials and shall be applied, at a minimum, to the sill and header.  For windows located in an elevation not having an exterior surface constructed of Masonry, the treatment shall be constructed of one of the Natural Materials and shall be applied to the sill, header and jams.  The width of the architectural treatment shall be a minimum of one-half ( ˝ ) the width of the vertical reveal dimension of the siding material. 

E.            Except for bathroom windows, utility room windows or windows located directly above a kitchen sink, any of the following shall constitute one (1) window for purposes of calculating the number of windows required on each elevation:

                                                                                                                           i.      A double hung window with a framed opening having a minimum area of eight (8) square feet, and

                                                                                                                         ii.      Each casement window where the glass is enclosed by wood or a clad material frame having a framed opening with a minimum area of eight (8) square feet.

F.            For purposes of calculating the number of windows required in each elevation, a framed opening having a minimum area of six (6) square feet shall constitute one (1) window (i) in each bathroom, (ii) in each utility room, or (iii) when the window is located directly above a kitchen sink.

G.            For purposes and calculating the number of windows required in each elevation, a fixed pane glass window having a minimum area of sixteen (16) square feet shall be counted as two (2) windows.

11.          Porches:

A.            One (1) front landing, stoop or porch is required on all homes, unless inconsistent with a Historical Style home.  A landing, stoop or porch shall possess a minimum area of thirty (30) square feet.

12.          Garages:

                Slater Ridge:

A.            Garages with Front Facing Garage Doors must be on a separate plane from the main body of the home; the Front Facing Garage Doors must be recessed or projected from the main house plane a minimum of four (4) feet and a maximum of twelve (12) feet.

B.            Except in the case of single story homes containing a 3-car garage, the area of the garage doors on single story homes with Front Facing Garage Doors shall be a maximum of thirty-three (33) percent of the total area of the front elevation, including the garage door as a part of the total area of the front elevation.

C.            Except in the case of two story homes containing a 3-car garage, the area of the garage doors on two story homes with Front Facing Garage Doors shall be a maximum of twenty (20) percent of the total area of the front elevation, including the garage door as a part of the total area of the front elevation.

Slater Woods:

A.            All garages shall be side load, courtyard or angled garages; front loaded garages are prohibited.

13.          Materials:

A.            Manmade Materials are intended to simulate the appearance of a Natural Material. 

B.            Manmade Materials are acceptable replacements of Natural Materials and are approved to satisfy the Natural Materials requirements of these standards.

C.            Vinyl siding shall not be permitted.

14.          Masonry Requirements:

A.            Masonry is required on the first floor exterior surface of the front elevation and both side elevations of a home.  Up to thirty (30) percent of the homes may have this requirement modified for approved Historical Styles.

B.            Any homes for which (i) the rear elevation faces 169^th Street and (ii) no other homes exist between it and 169^th Street shall have masonry on the exterior of the rear first floor elevation.

15.          Landscaping:

                                A.            All Corner Homes which have two (2) elevations substantially parallel to a public street shall have lawns comprised of (i) sod without irrigation or (ii) seed with irrigation (no straw) in that portion of the yard located between the public street on each side of the Corner Lot and a line drawn parallel to each elevation closest to the public street extending from each end of said elevations to each perpendicular Lot line.  All other side yards and rear yards must be seeded with straw as a minimum, and no irrigation required.

B.            All Corner Homes which are set at an angle to the public streets, lacking an elevation parallel to either abutting public street, shall have lawns comprised of (i) sod without irrigation or (ii) seed with irrigation (no straw) in that portion of the yard located (i) between the front elevation of the home and each public street, and (ii) between the public street on each side of the Corner Lot and a line drawn parallel to each public street, extending to each perpendicular Lot line from the two (2) exterior corners of the home closest to each abutting public street. All other side yards and rear yards must be seeded with straw as a minimum, and no irrigation required.

C.            All homes which are not Corner Homes shall have lawns comprised of (i) sod without irrigation or (ii) seed with irrigation (no straw) in all front yards.  All side yards and rear yards must be seeded with straw as a minimum, and no irrigation required.

D.            Front Landscaping shall consist of a minimum of:

1.             Slater Ridge: Fourteen (14) shrubs of eighteen (18) inches to twenty-four (24) inches height or width;

                Slater Woods:  Sixteen (16) shrubs of eighteen (18) inches to twenty-four (24) inches height or width;

2.             One (1) yard tree of two and one half (2 ˝) inch caliper minimum outside planting bed; and;

3.             One (1) ornamental tree of two and one half (2 ˝) inch caliper or eight (8) foot  height (multi-trunk) minimum within or outside planting bed.

E.            Except on the side elevation of a home that contains a side load garage, each side yard of the home must contain a minimum four (4) foot long and two (2) foot wide planting bed including a minimum of two (2) eighteen (18) inch to twenty-four (24) inch shrubs in each bed.

F.            Each home shall have one (1) tree with a two and one half (2 ˝) inch caliper minimum in the rear yard.  Any previously existing tree having a two and one half (2 ˝) inch caliper shall count toward this requirement.

G.            All Corner Homes shall have one (1) shade tree with a two and one half (2 ˝) inch caliper minimum in the side yard closest to the public street in addition to all other tree requirements.

H.            Each Owner of a Lot shall install and maintain street trees in accordance with rules and regulations hereafter adopted by the City of Noblesville, Noblesville Wastewater Department and the Developer or the Association.  Such rules shall specify the number of trees required based upon the size of the Lot, the location of the trees, the species of the trees and the size of the required trees.   It shall be the obligation of the Owner of each Lot to not only install and maintain such street trees but to replace the street trees if necessary.  To maintain consistency the Developer will require one supplier to initially install street trees.  Such installation, by the Developer’s supplier shall occur twice per year, once in the spring and once in the fall.  Buyer shall be responsible for general maintenance and watering of trees.  Street trees shall be installed between the sidewalk and the curb unless otherwise required by any governmental authority, agency, or utility company.  Buyer needs to dig up and expose any irrigation lines in this area where trees shall be installed.  Any damage to any irrigation lines between the curb and sidewalk during planting of street trees is the sole responsibility of the property owner.  In the event an Owner fails to maintain or replace a parkway tree as required herein, the Association shall have the right to maintain and replace said tree and charge the cost of such to the Owner in the same manner as a Special Assessment.

16.          Miscellaneous:

A.            All plans and exterior colors must be approved by Precedent and the Department prior to beginning construction.

                                                B.            All driveways shall be concrete; asphalt is not permitted.

                                                C.            Public sidewalks are required on all Lots.

                                                D.            Uniform yard lights and mailboxes shall be required by Precedent.

                                                E.            Exterior address stones or decorative plaques are required.

F.            Basements and crawl space foundations are permitted; however, no slab foundations are allowed.

G.            All fireplaces located on the exterior elevation of a home must be constructed of Masonry.  Interior fireplaces protruding through the roof, not on an exterior elevation of a home, are not required to be constructed of Masonry, but may be constructed of Natural Materials or Masonry.

H.            Direct vent fireplaces located on the rear elevation of a home may be constructed of Masonry or Natural Materials. 

I.             Like model homes with identical front elevations shall be separated by at least one Lot and shall not be directly across the street from each other.

J.             Dumpsters and or trash bins are required on all Lots once framing begins.

                        17.          Homeowner’s Association:

A.            Mandatory annual homeowners association dues are to be $600 for 2006 covering maintenance of ponds, fountains, entry ways, lighting, landscaping, mowing of all common areas and snow removal.  Dues are to be raised ± $200 in 2007 to accommodate for the pool and bathhouse facility, which will open May 2007.  Dues will be reviewed annually there after. 

                                18.          Reserve Budget and Capital Contribution:

                                                A.            At the closing of the purchase of a lot for occupation from Builder or Developer, and upon all

subsequent sales and conveyances of a lot and residence, each such Purchaser shall contribute to the capital of the Association in an amount equal to $150.00 (a “Capital Contribution”).  This amount shall be dispersed at the Closing to the Association for capital purposes.  When this Capital Contribution is dispersed to the Association, the Association shall place it in a reserve account for the purpose of repairing or replacing capital assets (i.e., signage, street lights, pool and bathhouse, etc.)

For purposes of this Declaration, Developer, its assignee or assigns and any Builder shall not be considered a purchaser and subject to this Capital Contribution.  The Capital Contribution may be adjusted by the Association and included within and distributed with the applicable budget and notices of assessments as provided herein.

                III.          Mailboxes (uniform)

Supplier: Caporale Posts, 1648 S. Old State Road 37, Greenwood IN 46143.

                                Phone: (317) 883-3725

Ordering Instructions: Contact Caporale Posts at least two weeks prior to desired installation.  Payment may be required by Caporale prior to installation.

Cost:  $250  (Includes installation)  This price is subject to change.

Specifications:  6X6 Caporale Post (black), Large Custom Mailbox (black w/ white lettering), Cedar Paper Holder (black)

                IV.          Post lights on photocell (must be purchased and installed by Westfield Lighting)

     **      Supplier:  Westfield Lighting, 3440 E. St. Rd. 32, Westfield, IN 46074

                                Phone: (317) 896-3033

**     Locations:  All post lamps must be located 6' inside driveway and 6' inside the public sidewalk.  This consistency will allow for soft street lighting.  It is the builder’s/ owner’s responsibility to get electricity to the light pole location.      

**     Manufacturer: Maxim

                                Specifications:  Post  MX 1093 BK PHC11/  Fixture  MX 1007 BK/ Base  MX 1098 BK

                                Cost: $240

**      There is an additional charge for installation.  Please contact Westfield Lighting for this service if you do not install it yourself.

**      Must give 3-4 weeks notice.

V.            Utility Permits (Subject to Change Without Notice)

                                A.            Sanitary Sewer

1.  Application must be submitted to the Noblesville Planning Department at 14701 Cumberland 

     Rd., Ste. 300, Noblesville, IN 46060.  Telephone: 776-6325

                                                2.  All applications must be accompanied with the following:

                                                     a.  Construction Plans (2 Sets)

                                                     b.  Site Plan (3 Sets)- showing lateral location and house entrance location

                                                     c.  Building Permit Application

                                                     d.  Sewer/ Driveway Permit Application

                                                     e.  Name, address and phone number of contractor installing lateral

                                                3.  Gas- Vectren -  800-227-1376  or  www.vectren.com

                                                4.  Electric – Cinergy – 800-521-2232

                                                5.  Phone service – Verizon – 800-483-3000

6.  Cable T.V. - Insight Cablevision - 776-0660

                                                7.  Water - Indianapolis Water Company - 631-1431

                                                8.  Sewer- Noblesville Wastewater Department – 776-6353

                                                9.  Trash removal - Republic Services – 317-917-7300

                VI.          Building Permits (Subject to Change Without Notice)

A.            Application must be submitted to the City of Noblesville Planning Department, located 14701 Cumberland Rd., Ste 300, Noblesville, IN 46060.  The Planning Department's telephone number is 776-6325.

B.            The Sanitary Sewer Permit from the City of Noblesville must accompany your application for a building permit.

VII.         Lot Owner/Builder Responsibilities During Construction

A.            Prior to clearing any wooded lots all trees to be cut must be marked with ribbon  or paint and approved by the NCC prior to cutting of trees.

B.            When basement and/or foundation of residence is constructed, stone shall be installed over the path of driveway and shall be level with curb at the lot line to avoid curb break-up.

C.            No track vehicles or heavy equipment vehicles shall be operated or unloaded on any street.

D.            No construction vehicles, shacks or outhouses shall be erected or situated on any lot without the prior approval of developer.

E.            During the construction period, the lot shall be maintained in a clean and orderly manner at all times.  All loose shingles, lumber, brick, block, drywall, insulation or other building materials, which can blow onto adjacent lots, shall not be left lying around.  Construction trash shall be contained in a trash fence or enclosed area and shall be removed from the lot once per week or contained in a dumpster on site provided by a trash disposal service which will empty container as needed.

F.            The lot owner shall be responsible for removal of dirt, mud, debris or other foreign material of any kind, which may be deposited upon the road or easements from construction on the lot.  If such deposits occur, then the lot owner shall make provisions to remove such deposits within fourteen (14) days or the Committee or Developer may remove such deposits and charge the lot owner using funds from the construction deposit.

G.            All utility services, including but not limited to water, power, sanitary sewers, telephone or cable, to the lot shall be shown on the plot plan and said services shall not undermine the curbs or alter

                                                the subsurface or surface drainage systems.

H.            Sump pumps shall be connected to subsurface drains where provided by developer prior to home completion.  Downspouts are not to be tied into these subsurface lines.  Any damage done to subsurface drains shall be the responsibility of the builder/owner.

I.             Drainage on all lots has been set up and approved by Hamilton County and the City of Noblesville.  Once construction starts, it is the responsibility of each owner or builder to provide drainage off and around his property to the appropriate drainage easements.

                VIII.       Tree Preservation Areas

There are strips of ground within the Community which are denoted or will be denoted on the Plat (recorded with the Recorder of Hamilton County, Indiana) as Tree Preservation Areas.  The Developer shall endeavor to preserve all trees larger than six inches (6”) in diameter [measured six inches (6”) above ground] within the Tree Preservation Areas except in those portions of any such Tree Preservation Areas as are necessary for the installation of utilities and drainage swales.

Except as noted immediately below, each Builder and/or Developer shall endeavor to preserve trees within the Tree Preservation Area, and Owners of Lots shall not remove trees within the Tree Preservation Areas except as necessary for:

                                (a)  The clearing of underbrush and dead trees within the Tree Preservation Areas shall be allowed;

(b)  The removal of trees necessary for the installation of utilities and drainage improvements and infrastructure and multi-use trail or other requirements by the City of Noblesville, Hamilton County Surveyor or other city, county or state agencies shall be allowed; and

                                (c) The removal of trees necessary for construction of a home or other approved improvements on the lot.

                                (d)  Trees may be removed as necessary for public health and safety.

Except as set forth in subparagraphs (a), (b), (c), and (d) immediately above, each tree within the Tree Preservation Areas identified on the Plat which is badly damaged or destroyed by a Builder or by a Lot Owner during the course of construction activities and which is greater than six inches (6”) in diameter, measured six inches (6”) above ground, shall be replaced within one (1) year, with a tree which is at least two and one-half inches (2 ˝”) in diameter measured six inches (6”) above ground.  Any trees which are replaced pursuant to the terms and conditions of this paragraph and which die within one (1) year of their planting shall promptly be replaced with a substantially similar tree.  The Person responsible for replacing any such tree hereunder, either initially or, if necessary, within the one year period after planting, will be the Owner of the Lot upon which the tree was originally located or, if the tree was damaged or destroyed by a Builder or another Lot Owner in the course of construction of a Dwelling on another Lot in the Community, the Owner of the Lot upon which such Dwelling was being constructed will be responsible for replacing any such tree within the Tree Preservation Area.  The provisions of this section imposing responsibility upon a Lot Owner for the replacement of any such tree are for the benefit of the Association and the Community and shall not be deemed or construed as limiting, in any way, the liability of any Builder to any such Owner and/or the Association for any damage to any trees in the Tree Preservation Area.

IX.          Tree Conservation Areas

As identified on the Final Plat recorded with the Recorder of Hamilton County, Indiana, there are strips of ground noted on lots marked as Tree Conservation Areas. In developing the Community, the Developer shall attempt to conserve all trees six inches (6”) in diameter [measured six inches (6”) above ground] or larger, except as necessary for the installation of utilities and drainage swales.

Except as noted immediately below, each Builder, Lot Owner and/or Developer shall endeavor to conserve trees within the Tree Conservation Area, and Owners of Lots shall not remove trees within the Tree Conservation Areas except as necessary for:

                                (a)  The clearing of underbrush and dead trees within the Tree Conservation Areas shall be allowed;

(b) The removal of trees necessary for the installation of utilities and drainage improvements and infrastructure shall be allowed; and

                                 (c) Trees may be removed as necessary for public health and safety.

Except as set forth in subparagraphs (a), (b), and (c) immediately above, each tree within the Tree Conservation Areas identified on the Plat which is badly damaged or destroyed by a Builder or by a Lot Owner during the course of construction activities or after occupancy and which is six inches (6”) in diameter [measured six inches (6”) above ground] or larger, shall be replaced within one (1) year, with a tree which is at least two and one-half inches (2 ˝ ”) in diameter [measured six inches (6”) above ground].  Any trees which are replaced pursuant to the terms and conditions of this paragraph and which die within one year of their planting shall promptly be replaced with a substantially similar tree.  The Person responsible for replacing any such tree hereunder, either initially or, if necessary, within the one year period after planting, will be the Owner of the Lot upon which the tree was originally located or, if the tree was damaged or destroyed by a Builder or another Lot Owner in the course of construction of a Dwelling on another Lot in the Community, the Owner of the Lot upon which such Dwelling was being constructed will be responsible for replacing any such tree within the Tree Conservation Area..

Trees within any such Tree Conservation Areas shall be permanently maintained by the Owner of the applicable portion of the real estate and their successors in title. Periodic maintenance, seasonal plantings and the like shall not be subject to the restrictions in this Section.  During construction, Builders shall provide adequate physical barriers such as straw bales or snow fencing to protect designated trees to be conserved from damage by construction equipment and activities.