RIVERVIEW CONDOMINIUM TRUST  
Amendment to 1994 Rules & Regulations 1.5  
Subject Matter:  Plants, Shrubs, and Trees

bulletRules and Regulations Overview for Landscape Procedure   
bulletApproved Procedure, Exhibit 1: Landscaping, Shrubs, Trees and Flowers
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·        Unit owners are allowed to plant most types of purely decorative perennials or annuals in the mulch beds directly adjacent to their units, without written permission from the Board of Trustees.  Excluded plants include vegetables and fruit-bearing plants or shrubs. 

·        In addition, Unit Owners can submit written proposals to the Board of Trustees to plant additional perennials or annuals directly adjacent to their units, but not in mulch beds (for example, behind the deck areas to which the Unit Owner has an exclusive easement).  These plantings can include trees, shrubs, or small raised beds.  Clearly defined, written proposals MUST be submitted to the Board of Trustees and approved in writing PRIOR to the Unit Owner taking any action.  Plants that any Unit Owner installs without such written approval will be removed at the Unit Owner’s expense, and the Board of Trustees will impose standard fines until the removal takes place. 

·        Unit Owners may not remove any existing plants or plants that the Association installs without written approval from the Board of Trustees. 

·        The Board of Trustees reserves the right to disapprove any proposal that they deem is not in the best interest of the Association, causes a safety hazard, negatively affects maintenance of the Common Elements, or interferes with any other Unit Owner’s reasonable use of the Common Elements. 

·        Unit Owners are responsible for the complete care and maintenance of all plants that they install in mulch beds and other APPROVED areas.  This includes pruning, fertilizing, dividing, and treatments for disease or insects.  Unit Owners are responsible for removing any diseased or dead plants at their own expense, in a timely manner. 

·        The responsibility for future maintenance, on sale of a unit, is conveyed to the new Unit Owner. 

·        The Board of Trustees reserves the right to instruct Unit Owners to remove any plant that is diseased, dead, causes a safety hazard, is overgrown, negatively affects maintenance of the Common Elements, or interferes with any other Unit Owner’s reasonable use of the Common Elements.  If any Unit Owner does not comply with a request to remove plants, the Board of Trustees will impose standard fines until the plant is removed.  In the case of the Association being forced to remove a plant, due to a Unit Owner’s non-compliance to a removal request from the Board of Trustees, all costs that the Association incurs when removing said plant(s) will be charged to the Unit Owner.

Approved and consented to by the Board of Trustees on 12/9/98.

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RULES AND REGULATIONS OVERVIEW FOR LANDSCAPE PROCEDURE

1)                  Submit comprehensive plans to Board of Trustees (including the following).  

a)      Exact location of plantings

b)      Approval from neighbors  

2)         Type of plantings allowed:  

1)      Annuals/Perennials in front or rear in non-grass areas

2)      Permission for all shrubs not above 5' in height

3)      All trees must require a plan and Board approval.

4)      Planters

5)      Other  

3)         Contractor or owner to call Dig-Safe prior to any digging, when required.  

4)                  Apply for and receive building permits, if needed.  

5)                  Use licensed and insured contractor - see minimum levels of insurance (Insurance Resolution).  

6)                  Receive written approval from Board of Trustees within 45 days of written request.  (If denial of approval is not received by this date, it will be understood that approval has been granted.)  

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RIVERVIEW
Approved Procedure
Exhibit 1
LANDSCAPING, SHRUBS, TREES AND FLOWERS

1.                  Trees and Shrubs should be selected and placed in a manner which does not obstruct adjacent homeowners’ views.  

2.         Mature size of plant is to be considered.  

3.         Plants are not to encroach on walkways or block walkway lighting.

4.                  Appropriate drainage is to be supplied and directed to street, to prevent run-off into adjacent or common area properties, when necessary.  

5.                  Sprinklers should be adjusted so as not to spray neighbors or common streets/sidewalks.  

6.         Application for landscape is to include:

            a.         Listing of plant materials (unless already on approved list below).

            b.         Location of plants on overall site plan, showing unit.

            c.         Planters and retaining walls - dimensions, materials, color/finish.  

7.         Any request for tree removal must be accompanied with a plan for suitable replacement(s).  

8.         No tree with a circumference of five (5) inches or greater will be removed, without the approval of the Landscape Committee and/or Board of Trustees.  

9.                  Any semi-annual or annual flower, including the perennials listed below, may be planted within the approved area.  

            a)         Potentilla                      g)         Sedum

            b)         Day Lilies                     h)         Iris

            c)         Astilbies                        i)          Phlox 

            d)         Allium                            j)          Asters

            e)         Larkspur                       k)         Hosta

            f)          Foxgloves  

Any of the ornamental shrubs listed below may be planted in the approved area.   

            a)         Hydrangea                    h)         Hemlock

            b)         Holly                                i)          Rhododendron

            c)         Boxwood                        j)          Baltic Ivy

            d)         Junipers                        k)         Cottoneaster

            e)         Yews                              l)          Mountain Laurel

            f)          Azaleas                        m)        Dogwood

            g)         Cypress                        n)         Viburnum  

10.              Cost of material and labor shall be borne solely by unit owner.  

11.              Recommend unit owners/residents get written permission of abutters and Board prior to initiation of any planting.  

12.              Unit owners cannot remove any existing plants or plants that the Association installs, without written approval from the Board of Trustees.  

13.              Unit owners are responsible for the complete care and maintenance of all plants that they install in mulch beds and other APPROVED areas.  This includes pruning, fertilizing, dividing, and treatments for disease or insects.  Unit owners are responsible for removing any diseased or dead plants at their own expense, in a timely manner.  

14.              The Board of Trustees reserves the right to instruct unit owners to remove any plant that is diseased, dead, causes a safety hazard, is overgrown, negatively affects maintenance of the Common Elements, or interferes with any other unit owner's reasonable use of the Common Elements.  If any unit owner does not comply with a request to remove plants, the Board of Trustees will impose standard fines until the plant is removed.  In the event that the Association is forced to remove a plant, due to a unit owner's non-compliance to a removal request from the Board of Trustees, all costs that the Association incurs for the removal of said plant(s) will be charged to the unit owner.  

15.              The responsibility for future maintenance, on sale of a unit, is conveyed to the new unit owner.  

16.              The Board of Trustees reserves the right to disapprove any proposal that it deems is not in the best interest of the Association, causes a safety hazard, negatively affects maintenance of the Common Elements, or interferes with any other unit owner's reasonable use of the Common Elements.  

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