VISTA COVE ESTATES
Covenants, Conditions, and Restrictions
“CCR’s”
INTRODUCTION
WHEREAS Vista Cove Limited , James Berquist, the original developer, signed an Environmental Compliance Plan with the Department of the Environment on the 9th day of December 2011 with respect to ten (10) acres consisting of Parcel No. 1646 Block No. 36 Registration Section: Placentia North (the "Property").
AND
WHEREAS Mr Berquist agreed with the Department of the Environment to impose restrictions on the development of the Property, which is located north of Placencia Village, Stann Creek District, Belize (the "Development") and to have those restrictions binding on individual lot owners;
THE FOLLOWING COVENANTS, CONDITIONS, AND RESTRICTIONS SHALL RUN WITH AND BE BINDING UPON EACH OF THE TWENTY-FIVE (25) LOTS WITHIN THE DEVELOPMENT IN PERPETUITY AND IT SHALL BE THE OBLIGATION OF THE LOT OWNER TO BIND THESE RESPONSIBILITIES AND REGULATIONS TO THE TITLE TRANSFER UPON EVENTUAL SALE OF THEIR PROPERTY.
NOTE: In addition to the following covenants, regulations, and restrictions. All Property owners are obligated to thoroughly review and acknowledge the Architectural Design Standards and Vista Cove Rules & Regulations.
A. BUILDING RESTRICTIONS
1. All lots are zoned for residential usage. Construction of the residence must be completed within 14 months of CBA approval. Owner will be assessed $100 per calendar day for any violation.
2. Any and all construction activities will be limited to normal working hours (7:00 am to 5:00 pm and never on Sundays nor on National Holidays ) in an effort to avoid/reduce any nuisance to neighboring residents.
3. All buildings must have acceptable levels of insurance to cover loss and/or damage.
4. All building plans must be approved by the Vista Cove Estates (VCE), Architectural Review Committee (ARC) together with Central Building Authority (CBA) and local Planning Authority.
5. All residential buildings must be within the confines of the lot limits and not exceed a minimum 8 ft distance from the neighboring boundaries, 20 ft from the canal mangroves and 25 ft from the road. The height of the building cannot be greater than 35 ft.
6. If a boat dock or slip is constructed it will respect the specifications, dimensions, and materials outlined in VCE ARC Design Standards. Owner is responsible for maintenance of their dock.
7. No permanent structures will be allowed within the public reserve or over the sea unless otherwise approved by the Lands and Surveys Department and/or Department of the Environment as may be the case with respect to piers/docking facilities.
8. All homes must comply with Fire Department safety codes, such as smoke detectors, at least one fire extinguisher per home, but may not be only limited to those requested requirements. Further requirements shall be imposed if renting or leasing your property by the Belize Tourism Bureau.
9. No one may reside on any property while the project is under construction.
B. WASTE DISPOSAL
Liquid Waste
NOTE: All property owners must provide for proper sewage disposal according to the CBA, Belize Water Services, Ltd, Ministry of Health or any regulatory body in effect in Belize at the time of construction.
1. Only low volume flush toilets systems are to be used. Property owners should pay keen attention to other water saving devices and bear in mind the need to have water for fire protection purposes. Solar and battery power is highly advised on water systems for use of water during power outages.
2. Sewage disposal will be by means of sealed, steel floated multi-chambered septic tanks equipped with lined gray water gardens. Gray water gardens shall be vegetated with plants having high transpiration rates.
3. Household drainage pipes will not be allowed to empty directly into any public drain system or any other water resource or surrounding environment.
4. Any rainwater cisterns used are to be placed away from any sewage treatment system and/or any other source of potential contamination. In addition, these rainwater cisterns shall be properly covered at all times to prevent access to pests and/or any other type of contaminating agent.
5. Regular maintenance of sewage and wastewater facilities will be performed by individual property owners to ensure proper functioning of the facility for environmental and other reasons.
6. Property owners must design household drainage/domestic wastewater pipes to prevent them from emptying directly into any water body or natural drainage area, or surrounding environs. These pipes shall lead to adequately designed and constructed leach fields or lined grey water gardens.
7. Property owners must take special care to avoid contamination of the surface and groundwater, and the surrounding environment. Grease and oils should not be disposed of directly or indirectly into the environment as this could be a potential source of soil and water contamination.
8. Hazardous waste, chemicals and oils must be stored in a special containment area for transportation and disposal at appropriately designated sites.
9. No wastewater shall be allowed to discharge directly into any water body.
Solid Waste
1. Property Owners should have waste collection bins adequately designed to prevent rummaging by feral animals but easily accessible to waste collectors. All garbage must be bagged to facilitate collection.
2. Any hazardous materials such as tires, batteries, used oil or any other form of materials which consist of any hazardous materials should be stored separately and labeled properly for proper disposal in selected waste control areas.
C. LAND CLEARING
1. All lots, regardless of construction status, shall be graded as to shed all standing water. Mosquitos are a health and safety concern for all neighbors. No lot may have any standing water onsite within 24 hours of a rainfall. Should a lot have recurrent issues of standing water, the homeowner agrees to allow the lot to be regraded to shed water by the HOA at the homeowners expense.
2. All property owners are encouraged and agree to clear only the areas where construction will take place for homes, fencing, roads, docks, piers and agree to also maintain as much greenery as possible. Mangroves may not be disturbed without correct permitting.
3. All property owners agree as much as possible not to clear trees native to the area. Mangrove/vegetation clearance shall be conducted manually and in phases to coincide with the land filling programme.
4. All Property owners agree that finds of any importance to the habitat niche (mammals, birds, reptiles) shall be protected and if possible, transferred to another natural environment.
5. Heavy machinery operation, storage of materials and all excavation, filling etc. shall not be undertaken within three (3) meters of any trees identified for conservation.
6. Burning of fallen vegetation or any other material is prohibited in perpetuity.
7. Native coastal plants and trees along with horticultural plants will be utilized in landscaping and replanting, particularly in areas devoid of vegetation and along the periphery of the property to minimize erosion.
D. USAGE OF CANAL SYSTEM
1. Speed limit for vessels is restricted to 5mph while traveling through the canal system.
2. All owners are responsible for their guests who arrive by boat.
E. SUBDIVISION
1. The banks of the Placencia Lagoon shall remain unaltered with the exception of the approved canal within the Development
2. A sixty-six feet (66ft) reserve will be left in its natural state along the periphery of the Placencia Lagoon with the exception of the canal within the Development. No permanent structure will be allowed within the reserve unless authorized by the Department of the Environment and the Lands and Surveys Department.
Note: All changes made to the house after the initial build, including additions, paint color changes, any exterior changes and/ or structural changes to the residence must be pre-approved by the ARC. The ARC reserves the right to update and amend the Design guidelines, (decs etc) at any time as they see fit.
F. ARCHITECTURAL REVIEW COMMITTEE
The ARC is composed of three members. These members need not be residents or owners within Vista Cove.
LIMITATION OF RESPONSIBILITIES. These members in no way shall be held liable for their roles in design approvals. In submitting any design to the ARC you are waiving any rights to recourse against any of the members.
G. DESIGN REVIEW PROCESS
1. Informal Advice Prior to beginning the design process, it is recommended that Owners and their designated representatives (such as architects, contractors, etc.) contact the ARC to verify their interpretation of this Architectural Design Standards. Owners or their designated representatives may, at their option, request a meeting with the ARC to discuss the preliminary reference images, or (Sketch Design Review) plans prior to a formal submittal.
2. ARC Discretion. The ARC has complete discretion to approve, conditionally approve, or deny a submittal. At the least, the construction, installation, or alteration shall comply with the Architectural Design Standards; be in harmony with the external design, location, and topography of the surrounding Lots and Vista Cove Estates Subdivision; and not be placed on or under any part of said Lot within the common areas and easements except as approved by the ARC.
3. Submittals. To submit for design review, please email, share a Dropbox link or WeTransfer your drawings and associated documents to the following address: jptaylors7s@gmail.com.
4. Approval Required to Commence Construction. No improvements shall be made, erected, altered or permitted to remain upon any Lot until the Owner submits the required documents to the ARC and the Submittal is approved in writing by the ARC. Drawings may then be submitted to the CBA and other necessary jurisdictions.
CCRs are subject to amendment as necessary