HomeMy WebLinkAboutResolution No. R21-100RESOLUTION NO. R21-100
A RESOLUTION OF ANNEXATION AND APPROVAL OF ZONE CHANGE FOR THE
CHERRY HILLS SUBDIVISION, THIRD FILING, AN ADDITION TO THE CITY OF
LAUREL, SUBJECT TO CONDITIONS IMPOSED BY THE CITY.
WHEREAS, the property owner's agent ("Petitioner") submitted a Petition on the
property owner's behalf, seeking annexation to the City of Laurel and a zone change from
Residential Tracts to R-7500 zoning as provided by the Laurel Municipal Code; and
WHEREAS, Petitioner constitutes the owner of the entire property proposed to be
annexed, as described below; and
WHEREAS, the Laurel City -County Planning Board reviewed the Petition for
Annexation and requested zone change along with documents provided by Petitioner and City
Staff and held a duly advertised public hearing on August 18, 2021; and
WHEREAS, the Laurel City -County Planning Board conducted the public hearing and
gathered comments from proponents and opponents to the annexation and zoning requests; and
WHEREAS, based on the evidence and testimony provided at the hearing the Laurel
City -County Planning Board approved a recommendation to the City Council for approval of the
annexation request as well as the requested zone change, subject to the conditions contained in
the Staff Report; and
WHEREAS, the City Council scheduled and conducted a public hearing on the Petition
on September 14, 2021 and allowed both proponents and opponents of the Petition to provided
testimony and/or evidence into the record prior to their decision; and
WHEREAS, based on the public hearing and all evidence presented and existing in the
City File, the City Council of the City of Laurel has determined that it is in the best interest of
the City and the inhabitants thereof, and of Petitioner, that the following described territory be
annexed to the corporate limits of the City of Laurel, with the requested zone change, only if the
conditions contained in the Staff Report dated August 25, 2021, attached hereto and incorporated
herein, are satisfied by Petitioner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. Pursuant to MCA Section 7 -2 -Part 46 the incorporated boundaries of the City of Laurel
shall be and the same hereby is extended and/or expanded to include the territory
described in the petition for annexation as al ditionally described below.
2. The owner of record of the territory annexed to the City of Laurel has executed a petition
seeking such annexation.
R21-100 Cherry Hills Subdivision 31d Annexation and Zoning
3. The following described territory is hereby annexed to the City of Laurel:
Cherry Hills Subdivision 3`t Filing, consisting of 9.37 acres of property further
described as follows:
S08, T02S, R24E, COS 3034, Parcel TRI, in N2(01), Yellowstone County,
Montana.
4. That the requested zone change from Residential Tracts to R-7500 zoning for the above-
described property is hereby approved. The Official Zoning Map for the City of Laurel
shall be amended to reflect such change.
5. The Petitioner shall complete and satisfy all of the conditions contained in the Staff
Report dated August 25, 2021, attached hereto and incorporated herein, before the
annexation is finalized.
6. This Resolution shall be incorporated into the official minutes of the City Council, and
upon said incorporation, the City Clerk -Treasurer shall file a true and correct, certified
copy of this Resolution and of said minutes with the Yellowstone County Clerk and
Recorder so long as the conditions of approval are satisfied.
7. From and after the date that the City Clerk -Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed complete and final.
Introduced at a regular meeting of the City Council on September 14, 2021, by Council
Member McGee.
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 14th
day of September 2021.
APPROVED BY THE MAYOR this 14th day of September 2021.
o s A. elson, Mayor
ATTEST,
Bethany Langve, asurer
APPROVE AS TO FORM:
Sam Painter, Civil City Attorney
R21-100 Cherry Hills Subdivision 31d Annexation and Zoning
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City -County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Annexation and Preliminary Plat of the Cherry Hills Subdivision, 3rd Filing
DATE: August 25, 2021
Morrison-Maierle has submitted an annexation application and preliminary plat application for
the Cherry Hills Subdivision, 3rd Filing on behalf of the property owner/developer. The proposed
Cherry Hills Subdivision 3rd Filing is a 28 -lot residential subdivision located on property west of
Cherry Hills Drive and W. Maryland Lane in north-west Laurel. Approval of annexation and zone
change would bring 9.37 acres of land into the City of Laurel and enable the proposed Cherry
Hills Subdivision, 3rd Filing to connect to the City water, wastewater, and street system.
Owner:
Goldberg Investments LLP
Legal Description:
508, T02 S, R24 E, C.O.S. 3034, PARCEL 1, IN N2 (01)
Address:
Approximately 1850 East 8' Street
Parcel Size:
9.37 acres
Existing Land Use:
Agricultural, vacant.
Proposed Land Use:
Residential Subdivision
Existing Zoning:
Residential Tracts
Proposed Zoning:
Residential 7500 (R-7500)
BACKGROUND AND PROCEDURAL HISTORY
• December 18, 2021— Morrison-Maierle submit documents for annexation and
subdivision pre -application meeting.
• January 7, 2021 - Pre -Application meeting with Morrison-Maierle and City Staff
• January 12, 2021— Staff transmitted Pre -Application meeting summary letter to
Morrison-Maierle staff.
• May 25, 2021— Cherry Hills Subdivision, 3rd Filing Annexation application and
preliminary plat application submitted to the City.
• June 11, 2021— Laurel Planning Department transmitted the Element Review letter to
Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were present in
the application.
• July 8, 2021— Laurel Planning Department transmitted the Sufficiency Review letter to
Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were deemed
sufficient to move the application forward. Certain comments were noted by the
Planning Director from city various departments.
• August 18, 2021—A Public Hearing was held at Planning Board. The Planning Board
recommended the approval of the Annexation and Preliminary plat approval of the
Cherry hills Subdivision, 31 filing with the presented staff conditions.
• September 14, 2021— Public hearing scheduled at City Council to review the annexation
application and preliminary plat application to approve, conditionally approve, or deny
the applications.
1. Applicant has submitted an application for annexation and preliminary plat containing
all the necessary components needed for both to move forward.
2.. Applicant has provided additional details of subdivision plans and documents where
necessary.
3. Applicant has worked with multiple city departments to determine effectiveness of the
proposed utilities for the property.
4. Applicant has provided updated documents whenever required by City departments.
5. City staff determined that the applications for annexation and preliminary plat were
sufficient to move forward to Planning Board and City Council.
6. City staff have found only minor issues with the applications that require conditions of
approval prior to the final plat approval stage.
7. The public noticing requirements of LMC 16.03.030 have been met.
LMC Chapter 16.03.040 - Staff and Agency Review:
A. Review Procedure Schedule. Upon receipt of a complete and sufficient major preliminary
plat application, the planning director or designee shall schedule the plat before the city -
county planning board.
B. Submittal Distribution. Planning staff shall distribute the application to all affected city and
county departments, local, state, and federal agencies, school districts and public utilities for
review as appropriate and indicate the review timeframe. Failure of any agency to complete
a review of a plat will not be the basis for denial of the plat by the AGB.
C. Plat Review. The planner shall review the major subdivision plat submittal and make a staff
report of issues, concerns, conditions, or recommendations and send out the list to the
planning board members with the agenda of the meeting at which the plat is to reviewed; a
copy must also be sent to the subdivider or his representative.
D. Hearing Notice. The planning board shall hold a public hearing on all major and applicable
subsequent minor preliminary plat applications, placing a notice in a newspaper of general
circulation in Laurel not less than fifteen days prior to the date of a public hearing. The
planner shall also notify the subdivider and each property owner of record, and each
purchaser under contract for deed of record of property immediately adjoining land included
in the plat and located within three hundred feet of the proposed subdivision by certified
mail not less than fifteen days prior to the date of hearing (MCA § 76-3-605(3)).
E. Planner's Report. The planner shall prepare a draft findings of fact (the effect on agriculture,
agricultural water user facilities, local services, the natural environment, wildlife and wildlife
habitat, and public health and safety as per MCA § 76-3-608(3)(a)) for review bythe planning
board. The planner shall also forward the recommendation of the planning board to the AGB
including basis for such recommendation and its compliance with adopted Growth
Management Plan, the Bike/Ped Plan, and other adopted city and county plans and policies
in writing no later than ten days after the public hearing (MCA § 76-3-605(4)).
F. Subsequent Hearing. Before acting on the subdivision application, the AGB shall determine
whether, subsequent to the public hearing, new information has become available or
information that the public has not had a reasonable opportunity to examine. If so, the AGB
may act on the subdivision application in accordance with this chapter or schedule a
subsequent public hearing for consideration of only the new information that may have an
impact on the findings and conclusions that the AGB will rely upon in making its decision on
the proposed subdivision. The AGB may chose to hold the subsequent public hearing or may
direct the planning board to hold it. In either case, the subsequent public hearing shall be
held at the next scheduled meeting for which proper notice for the public hearing on the
subdivision application can be provided.
If a subsequent hearing is held, the sixty- or eighty -day working day review period is suspended,
and the new hearing must be noticed and held within forty-five days of the AGB's
determination to hold a subsequent public hearing. The sixty- or eighty- working day review
period will resume from the date of the subsequent public hearing. The governing body may
not consider any information that is presented after the subsequent hearing (MCA § 76-3-615).
G. Subdivider's Preference. The AGB shall give due weight and consideration to the
subdivider's expressed'preferences if the AGB requires mitigation of significant adverse impacts
(MCA § 76-3-608(5)(b)).
In reviewing a subdivision and when requiring mitigation, the AGB may not unreasonably
restrict a landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will preclude
approval of the plat (MCA §76-3-608(5)(a)).
The AGB shall send the subdivider written notice of its decision and the reason therefore. (MCA
§ 76-3-608(4)).
RECOMMENDATIONS
The Planning Director recommends approval for the Annexation and Zone Change of the
proposed Cherry Hills Subdivision, 31 Filing to Residential R-7500 with the following conditions.
1. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution
approving annexation shall be filed with the Yellowstone County Clerk & Recorder
within 90 -days of annexation approval.
2. All construction and installation of public improvements must conform to the standards
of the Laurel Department of Public Works and Montana Public Works standards.
3. All construction and installation of public improvements must be completed within two
years of annexation.
4. R the Public imorove4ents are not�kreostructed at the time -of annexati�r"he Pe6verty
for
of
or
the
fa
dbst a d lu of th ifnpro nts cludin , but of limi o, pa ks id
curb and Rutter, stat ns, an sewer and wat line that are c nve ed to the
The Planning Director recommends that the Planning Board approve the preliminary plat for
the Cherry Hills Subdivision 31 Filing with the following conditions:
1. Preliminary Plat shall be updated with the comments noted in the Sufficiency letter
dated July 8, 2021 prior to recording.
2. Subdivision Improvement Agreement shall be updated with the notes from the
Sufficiency letter dated July 8, 2021, and the annotated SIA provided to the applicant
prior to recording.
3. The Preliminary Plat and supporting water and wastewater design will be approved by
Montana Department of Environmental Quality (M DEQ).
4. The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution
granting approval shall be filed with the Yellowstone County Clerk & Recorder within 90 -
days of preliminary plat approval.
5. The Roadways and Right -of -Ways shall be constructed to the specifications presented in
the plat plan and supporting documentation.
6. This Preliminary Approval shall be valid for 3 calendar years.
7. Hydrant flow tests must be approved by the City and its contracted engineer.
8. Verification must be provided to the City for the water modelling noted by the engineer
in the field
9. Water model exhibits must be provided to and approved by the City showing the system
characteristics and modeled properties compared to measured properties
10. Wastewater/Sewer analysis must be provided to and approved by the City.
11. A map of pre -developed stormwater conditions including the boundary, routing, and
calculations must be provided to and approved by the City.
12. Water quality storm volumes and calculation sheets shall be provided to the City.
13. Confirmation is provided that the developer is willing to take on the liability of the
recommendations of the Geotechnical Report dated 2006.
14. The conditions of the Geotechnical report shall be followed during the construction of
the public infrastructure.
15. A Weed Management Plan shall be prepared for the project and approved by the
Yellowstone County Weed District.
Annexation and Zone Change:
1. Annexation Application cover Letter
2. Annexation Application Form
3. Annexation Agreement
4. Waiver of Right to Protest
Cherry Hills Subdivision, 311 Filing:
1. Cover Sheet
2. Preliminary Plat Application
3. Adjacent Property owners list
4. Draft Subdivision Improvements Agreement
5. Environmental Assessment
6. Traffic Impact Study
7. Lot Layout
8. Geotechnical Report
9. Subdivision Bylaws
10. Homeowners Association Bylaw
11. ROW Easement documents
12. LMC 16.03—Subdivision Review Procedures
13. LMC 16.04—Development Requirements
14. Element Review letter - Cherry Hills Subdivision, 31 Filing (June 11, 2021)
15. Sufficiency Review letter— Cherry Hills Subdivision, 3rd Filing (July 8, 2021)
16. KU. Inc Preliminary Plat Review Comments letter (July 6, 2021)
EE Morrison
� Maierle
engineers • surveyors • planners • scientists
June 8, 2021
Nick Altonaga
City Planner
City of Laurel
PO Box 10
115 West First Street
Laurel, MT 59044-0010
2880 TECHNOLOGY BLVD. W. • P0. BOX 1113 • BOZEMAN, Mr 59771
406.587.0721 • wmNir-m.ro
Re: Cherry Hills Subdivision — 3'd Filing
Annexation Application and Supporting Materials
Dear Mr. Altonaga:
Enclosed is an application for annexation for the proposed Cherry Hills Subdivision — 3rd Filing, located in
the North''/2 of Section 8, Township 2 South, Range 24 East, Yellowstone County, Montana as COS #3034.
Please find the following information included with this letter for your review:
• Draft Annexation Application Form
• Review Fee of $534.25
• Draft Annexation Agreement
• Draft Waiver of Right to Protest
If you have any questions or comments about the project, please feel free to contact me at (406) 922-6734
or Ihapeman(Mm-m.net. Thank you.
Sincerely,
■ Morrison
Maierle
Lee Hageman, P.E.
Land Development Engineer
cc: Western Holdings, LLC
MMI File 6683.001
We create solutions that build better communities.
AN EMPLOYEE -OWNED COMPANY • AN EQUAL OPPORTUNITY EMPLOYER — MINORITIES / FEMALES / DISABLED / VETERANS
CITY OF LAUREL, MONTANA
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
Applicant is required to meet with the City Planner prior to filling out this
11 o 1fic.,tio;;, All blanks of this application are to be filled in with explanation
by the applicant. Incomplete applications will not be accepted.
Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. "Adjacent to" also includes being across a public right of way. If the parcel
to be annexed is smaller than one city block in size (2.06 acres), the city council must
approve consideration of the request; the applicant must make a separate written request
to the city council stating their wish to annex a parcel of land less than one city block in.
Once the council approves the request, the applicant can apply for annexation.
2. Applicant landowner's name: GERALD A& ARDIS M NEUMANN
Arfrlrecc• 2669 SELVIG LN, BILLINGS, MT 59102
Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record
PRIOR to applying for annexation.yOHERRY HILLS SUBDIVISION 3RD FILING, 9.37 ACRES OF:
Legal description: S08, T02 S. R24 E, C.O.S. COS 3034, PARCEL TR1 , IN N2 (01)
Lot size: PROPOSED SUBDIVISION SIZE: 9.37 ACRES
Present use: AGRICULTURAL
Planned use: RESIDENTIAL 7500
Present zonine: RESIDENTIAL
(Land which is being annexed automatically becomes zoned R-7500 when it is
officially annexed [City ordinance 17.12.2201)
4. City services: The extension of needed city services shall be at the cost of the applicant
after annexation by the city has been approved. As part of the application process, each
of the following city services must be addressed with an explanation:
Water Service: Within property and located in existing 80' easement
Location of existing main: (future Maryland Dr) and extensions from Cherry Hills Drive
Cost of extension of approved service: $149,000
How cost determined: Bid tabs of previous subdivisions on price per lineal feet of roadway
Timeframe for installation: - 2 months
Sewer Service: Within property and located in existing 80' easement
Location of existing main: (future Maryland Dr) and extensions from Cherry Hills Drive
Cost of extension of approved service: $100,000
How cost determined: Bid tabs of previous subdivisions on price per lineal feet of roa way
Streets:
Timeframe for
How financed:
- 2 months
Is there any adjoining County ROW to the proposed
annexatinn• N/A
Location of existing paved access: Maryland Drive and Cherry Hills Drive
Cost of paving: $497,000 (Including structural materials, asphalt, curb/gutter, sidewalks, etc.)
How cost determined: Bid tabs of previous subdivisions on price per lineal feet of roadway
Timeframe for construction: 't-3 months.
Other required improvements: Provide above information on attached
pages.
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application. SEE ATTACHED PRELIMINARY PLAT.
6. A written Waive of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to
the creation by the city of any needed improvement district for construction or
maintenance of municipal services. This Waiver of Protest must be signed by the
applicant prior to annexation by the city. SEE ATTACHED WAIVER.
Requests for annexations are referred to the City -County Planning Board for
recommendation to the City Council. Within 30 days after receiving the properly filled
out application with all required accompaniments and after conducting a duly advertised
public hearing, the City -County Planning Board shall make recommendation to the City
Council as to this Request for Annexation. If more information is needed from the
applicant during the review of the application, such application shall be deemed
incomplete and the timeframe for reporting to the City Council extended accordingly, in
needed. ACKNOWLEDGED.
8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 +
$35.00 per acres (81 acres or more) must accompany the submission of this application.
A FEE IS INCLUDED IN THE AMOUNT OF $534.25 FOR THE PROPERTY OF 9.37 ACRES.
The City Council of the City of Laurel, Montana, after review and consideration of this
Application for Annexation, found such to be in the best interest of the City, that it
complied with state code, and approved this request at its City Council meeting of
Form revised by City Attorney April 2008
CITY BALL
115 W. IST ST.
PLANNING: 628.4796, ext. 5
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
June 11, 2021
Lee Hageman
Land Development Engineer
Morrison Maierle
2880 Technology Blvd W.
PO Box 1113
Bozeman, MT 59771
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
Regarding the Element Review of the submitted documents for the Preliminary Plat Application for the
Chevy Hills Subdivision, and Filing.
Dear Mr. Hageman,
Below are listed the results of the element review by city staff on the Major Preliminary Plat application
for the Cherry Hills Subdivision, 31 Filing, submitted by your office on May 251, 2021, and additional
documents submitted on June 8, 2021, as per LMC. Chapter 16, Appendix F: Required Supporting
Documents for Major Preliminary Plat Applications.
I. Names and Addresses of Immediately Adjoining Property Owners typed or neatly printed on
Address Labels —Included.
2. Draft Subdivision Improvements Agreement —Included.
3. Environmental Assessment or Summary of Probably Impacts, when applicable. — Included.
4. Traffic Accessibility Study (TAS) when applicable. —Included.
5. Preliminary Water and Sanitation Information —Included.
6. Geotechnical Report —Included.
7. Draft Protective and restrictive covenants, if any. — Included.
8. Draft Articles of Incorporation when Homeowner's Association is proposed. — Included.
9. When a tract of land is to be subdivided in separate filings, a Master Plan of the Entire area to be
developed. — Not Included. Not Applicable.
We have also received the Application for Annexation and the supporting documents that will run in
tandem with this subdivision application. Please let me know if you have any questions or comments
about the items in this letter. Thank you for your time and I look forward to your response.
Regards,
Nicholas Altonaga, CFM
Planning Director
Page 1 of 1
CITY HALL
n S
PLA ING 628.4796 City Of Laurel
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
July 8, 2021
Lee Hageman
Morrison Maierle
2880 Technology Blvd W.
PO Box 1113
Bozeman, MT 59771
Office or the City Planner
Regarding of the Sufficiency of the Preliminary Plat Application for the Cherry Hills Subdivision, 3rd
Filing
Mr. Hageman,
The subdivision application for the Cherry Hills Subdivision, 31 Filing is deemed sufficient. What
follows is a list of comments by City Staff and the City Engineer. There were only minor issues noted
with the plat application and its documents, with many of the issues able to be handled prior to the Final
Plat approval of the Subdivision process.
Preliminary Plat Comments
1. A small number of items were noted on the Preliminary Plat. The most important item of note is
how the utility easement at the Southeastern comer of the property will be dealt with.
a. The utility easement currently houses the City of Laurel Water Booster Station.
b. This easement (Yellowstone County Clerk & Recorder Document # 3358070) was
established in 2005 with the development of the Elena Subdivision.
c. This area of the property will become its own lot with the approval of this subdivision.
d. This could become a portion of the proposed Utility Lot.
2. The minimum right-of-way width is 67ft as noted in LMC Table 16A.C.1. A variance should be
noted on the Subdivision Improvement Agreement.
3. Michelle Drive and Rochelle Lane are very similar names, it may be good to rename one to not
confuse any future residents or EMS, Fire, or Police services.
4. A copy of the annotated Preliminary Plat has been provided with this letter.
Subdivision Improvement Agreement Comments
1. The Planning Department had minor comments on the SIA.
2. Please refer to the annotated SIA attached to this letter for suggested updates.
3. Please note a variance to LMC Table 16A.C.1 for the width of the rights-of-way for Cherry Hills
Drive, Rochelle Lane, and Michelle Drive.
4. A copy of the annotated Subdivision Improvement Agreement has been provided with this letter.
Traffic Impact Study Comments
1. Appears fully sufficient.
Pagel of 2
2. The Subdivision will have no major impacts on increased automobile trips at nearby major
intersections.
Water and Sewer Report Comments
1. No hydrant flow tests are provided in the study.
2. Please provide verification that model matches what you see in the field.
3. Provide water model exhibits and printouts showing system characteristics and modeled
properties compared to measured properties.
4. No sewer analysis was provided.
Stormwater Drainage Comments
1. Engineer needs to provide a map of the pre -developed conditions showing boundary, routing, &
calculations.
2. What is the water quality storm volume and where are the calculation sheets for the analysis?
Geotechnical Report Comments
1. Is the developer willing to assume liability for geotechnical report dated 2006?
2. Has an updated cost estimate for the items within the Geotechnical Report been prepared?
3. City will recommend a condition of approval for following the recommendations of the
Geotechnical Report during build -out of the public infrastructure.
Environmental Assessment Comments
1. Can the developer provide a copy of the Wetland Delineation report dated March 2021?
2. Hasa Weed Management Plan been prepared for the project?
The Planning Department and other City Staff are willing to work with the developer to rectify these
items wherever possible. These items will also be solved through conditions of approval for the
Preliminary Plat Application when appropriate. A letter with specific comments and citations in the
supporting documents has been provided by the contracted engineers for the City of Laurel, KLJ Inc. A
copy of those comments has been provided with this letter.
An annexation agreement was also supplied with the Preliminary Subdivision Application. That
application has been deemed sufficient and will be brought forward in conjunction with the application
for subdivision. During the Preliminary Plat Review process, City Staff located a Water and Sewer
Facilities Engineers Report for Cherry Hills Subdivision, 3rd Filing, dated July 2006. That document has
been provided with this letter for your review.
City Staff anticipate the Preliminary Plat Application for the Cherry Hills Subdivision, 3'd Filing to be
placed on the agenda for the Laurel City -County Planning Board Meeting of August 18, 2021. Please
contact me if you have any questions or comments about these items. Thank you for your time and I look
forward to your response.
Nicholas Altonaga
Planning Director
CC: Forrest Sanderson, Ryan Welsh, Kurt Markegard
Page 2 of 2
�KKLJ
2611 Gabel Road
Billings. MT 59102-7329
406 245 5499
RLIENGXOM
July 6, 2021
Mr. Nick Altonaga, CFM
Planning Director
City of Laurel — Public Works Department
PO Box 10
Laurel, Montana 59044
Re: Laurel Public Works Engineering Preliminary Plat Review: Cherry Hills Subdivision, 3rd Filing
Dear Mr. Altonaga:
We have completed our review of the submittal packet for the above referenced project. Please review
the following items to offer input on behalf of the City of Laurel. Once you have completed review, we
can revise this letter for you to send to the applicant. Please have the applicant revise the packet based
on the comments contained in this letter and shown on the returned items.
The applicant will be expected to resubmit the revised reports for review and provide written responses
to any items that they would like to discuss. The following comments were noted:
1. Section 2, Page 10 Item 2. Supplemental information indicates that there are no subdivision
improvements agreements proposed, however a copy of the SIA is included as an attachment to
the package?
2. Section 2, Page 11, Item S.a Springs —Supplemental information indicates that there are no
springs on or near the property, but the lush growth on the property to the west of here
appears to be weeping groundwater.
3. Section 4, Page 62, Water Rights memo— First line of the introduction locates the subdivision in
the northeast corner of Laurel when it is in the northwest corner.
4. Section 4, Page 72, Draft Stormwater Calculations — Engineer needs to provide a map of the pre -
developed conditions showing boundary, routing, & calculations.
5. Section 4, Page 72, Draft Stormwater Calculations— What is the water quality storm volume and
where are the calculation sheets for the analysis?
6. Section 4, Page 81, Water Model Evaluation — Engineer improperly quotes me. I stated "no
major changes have occurred since the model was created, but they should perform some
verification as we've seen pressure differences from actual to modeled of up to 30 psi' No
hydrant flow tests are provided in the study. Please provide verification that model matches what
you see in the field.
7. Section 4, Page 82, Water Model Evaluation — Provide water model exhibits and printouts showing
system characteristics and modeled properties compared to measured properties.
8. Section 4, Sewer Analysis — None provided.
9. Section 7, Memo's from CMG Construction — Explain purpose of these being included within the
submittal.
�I KLJ
10. Section 7, Geotechnical Investigations—The two investigations provided are from 2006, Does the
Owner's Engineer accept the liability of using a report that is 15+ years old?
We have reviewed the documents provided and identified issues, but this review in no way releases the
Developer from submitting design and construction documents for approval to the City prior to the start
of any construction activities.
Please give me a call at 406.245.5499 if you have any questions or concerns. Thank you and we look
forward to working with you on this project.
Sincerely,
Ryan E. Welsh, P.E.
Project Engineer
PROJECT AREA
PRELIMINARY PLAT
CHERRY HILLS SUBDIVISION - 3RD FILING
TRACT I OF CERTIFICATE OF SURVEY No. 3034,
SITUATED IN THE NI/2 OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 EAST,
PRINCIPAL MERIDIAN, YELLOWSTONE COUNTY, MONTANA.
- AN ADDMON TO IIID CRY OF LAUREL
wGNM'NRAL
Itl-RP50)E[Illwf.>SM
GOaryGY� .�
RETURN AFTER RECORDING:
Western Holdings Company, LLC
PO Box 51330
Billings, MT 59105
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR CHERRY HILLS SUBDIVISION —3RD FILING
THIS DECLARATION is made this _ day of , 2021, by Western Holdings
Company, LLC, a Montana limited liability company, hereinafter referred to as "Declarant".
WHEREAS, Declarant is the owner of real property situated in Yellowstone County,
Montana, more particularly described on Exhibit "A" attached hereto and incorporated
herein ("Property");
WHEREAS, Declarant intends to develop, sell and convey the above-described real
property, hereinafter referred to as the "Chevy Hills Subdivision — 3rd Filing"; and,
WHEREAS, Declarant desires to subject all of said real property, together with the
Lots contained therein to the covenants, conditions, restrictions and reservations herein set forth
and referred to as "Covenants';
NOW THEREFORE, Declarant does hereby establish, dedicate, declare, publish and
impose upon the Property the following Protective Covenants, Conditions and Restrictions
which shall run with the land, and shall be binding upon and be for the benefit of all
persons claiming such Property, their grantors, legal representatives, heirs, successors and
assigns, and shall be for the purpose of maintaining a uniform and stable value, character,
architectural design use, and development of the Property. Such Covenants shall apply to the
entire Property, including but not limited to all Lots, Utility Lot and improvements placed or
erected thereon, unless otherwise specifically excepted herein. The Covenants shall inure to
and pass with each and every parcel, tract, Lot or division.
Said Covenants shall be as follows:
ARTICLE I —DEFINITIONS
Section 1. "Articles of Incorporation" shall mean the Articles of Incorporation for the Cherry
Hills Subdivision — 3`d Filing Owners' Association, Inc., a Montana non-profit corporation, filed
with the Montana Secretary of State.
Section 2. "Architectural Guidelines" shall mean those architectural guidelines contained in
Article VI of these Covenants
Section 3. "Association" shall mean the Cherry Hills Subdivision — 31d Filing Owners'
Association, Inc., its successors and assigns. The Association shall be incorporated as a
Montana nonprofit corporation, with its members as the Lot Owners.
Section 4. "Bylaws" shall mean the Bylaws for Cherry Hills Subdivision — 3`d Filing
Owners' Association, Inc.
Section 5. "Contract Purchaser" shall mean a person buying a Lot pursuant to a contract for
deed, trust indenture or mortgage.
Section 6. "Covenants" shall mean this Declaration of Protective Covenants, Conditions and
Restrictions for the Cherry Hills Subdivision — 31 Filing, and as it may, from time to time, be
amended or supplemented.
Section 7. "Declarant" shall mean Western Holdings Company, LLC, a Montana limited
liability company, and its successors and assigns, located at PO Box 51330, Billings, MT 59105.
Section 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions
and Restrictions for Cherry Hills Subdivision — 31 Filing, and as it may, from time to time, be
amended or supplemented.
Section 9. "Directors" or "Board of Directors" shall mean the Board of Directors of the
Association.
Section 10. "Yellowstone County Regulations" shall mean any and all rules and regulations
adopted by Yellowstone County that governs the Property and the Lots, including, but not
limited to land use regulations and Zoning Regulations.
Section 11. "Cherry Hills Subdivision — 31 Filing Architectural Committee" shall mean the
Committee appointed by the Board of Directors of Directors of Cherry Hills Subdivision — 31d
Filing Owners' Association, whose function is to review and approve or disapprove plans,
specifications, designs, landscaping, sites, and locations of improvements to be constructed
within Cherry Hills Subdivision — 31d Filing.
Section 12. "Improvement(s)" shall include, but is not limited to, all buildings, outbuildings,
stairs, decks, structures, bridges, roads, pathways, driveways, parking areas, fences, screening
walls and barriers, hedges, windbreaks, plantings, trees, shrubs, retaining walls, yard and lawn
ornaments of artwork, tree houses, solar panels, water lines, sewer lines, electrical, gas,
telephone and internet transmission lines, cable television, television and radio transmission
facilities, dishes, towers, poles, signs, and all other structures, installations and landscaping of
every type and kind, whether above or below the land or Lot surface.
Section 13. "Lot(s)" or "Property(ies)" shall mean and refer to all real property herein
described and platted into Lots as Cherry Hills Subdivision — 3rd Filing according to the official
plat, and any amendments thereto, thereof on file and of record in the office of the County Clerk
and Recorder, Yellowstone County, Montana. Lots shall mean any real property platted into Lots
in any future phases of Cherry Hills Subdivision— 31d Filing.
Section 14. "Lot Owners" or "Owner" shall mean and refer to any person or entity, whether
one or more persons or entities, owning a fee simple title to or interest in a Lot or a Contract
Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding
those having a mortgage or an interest merely as security for the performance if an obligation;
provided, however, that prior to the first conveyance of a Lot for value, the terms "Lot Owner"
or "Owner" shall mean the "Declarant" or its successors or assigns—The term "contract
purchaser" shall mean a person buying a Lot pursuant to a Contract for Deed. The term "person"
shall include any person, persons or entities.
Section 15. "Member" shall mean any Lot Owner or Owner. Each Member or Lot Owner
agrees to abide by and be bound by these Covenants, the Articles of Incorporation, and the
Bylaws and the Resolutions of the Association, ifany.
Section 16. "Utility Lot" means those areas set aside for storm water treatment within the
subdivision, and shall include roads, proposed stormwater pond, proposed channels, common
areas, and easements.
Section 17. "Utility Lot Management Plan" shall mean the management plan for the lot
designated "Utility Lot".
Section 18. "Subdivision" shall mean the Cherry Hills Subdivision — 3`d Filing.
Section 19. "Zoning District" shall mean the City of Laurel's designated zoning district.
Section 20: "Zoning Regulations" shall mean and refer to the Zoning Regulations of the City
of Laurel and any and all amendments thereto.
Section 21. Other definitions may be found throughout these Covenants and those
definitions arebinding upon allOwners. Any term not specifically defined shall be deemed to have
a common and ordihary meaning.
ARTICLE II — CHERRY HILLS SUBDIVISION — 3RD FILING OWNERS'
ASSOCIATION
Section 1. Association.
An association is hereby established known as "Cherry Hills Subdivision — 31d Filing Owners'
Association," (hereinafter referred to as the "Association"), for the purpose of enforcing these
Covenants and operating the Association for the benefit of all Members therein. The initial
address of the Association shall be PO Box 51330, Billings, MT 59105. The address of the
Association may be changed by the Board of Directors of Directors upon notice to the
Members.
Section 2. Members.
Every Owner or contract purchaser of a Lot shall be a Member of the Association.
Membership shall be appurtenant to and may not be separate from the ownership of any Lot.
Each Owner shall be responsible for advising the Association of their acquisition of
ownership, of their mailing address, and of any changes of ownership or mailing address.
For the purpose of determining membership, at any meeting a person or entity shall be
deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon
the recording of a Notice of Purchaser's Interest or an Abstract of Contract for Deed showing
a contract purchase by an Owner. The legal title retained by the original seller selling under
a contract for deed shall not qualify such original seller for membership.
Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a
contract for deed wherein title is vested in the mortgage, beneficiary or original seller on a
contract, or repossession for any reason of a Lot sold under a contract shall terminate the
vendee's membership, whereupon all rights to such membership shall vest in the legal owner.
Section 3. Vote.
A Member shall be entitled to one vote for each Lot owned. Multiple owners of a single Lot
shall have one such membership or voting interest between them. If more than one Lot is
owned, the Owner or Owners thereof shall have one membership or voting interest for each
separate Lot owned.
Section 4. Annual Meeting and Special Meetings of the Association.
The annual meeting of the Association shall be set at a time and place determined and
noticed by the Board of Directors. Any special meetings may be called by the President, or in
the absence of the President, by the Vice -President. In addition, a special meeting shall be
held upon call of 25% of the Owners. Special meetings shall require not less than 10 days
written notice of the meeting date, time and location, and a description of the matter to be called
before the Association. Notice of annual and special meetings shall be mailed to Owners at the
address for each Owner. The presence of Members, in person or by written proxy,
representing 55% of the total votes of the membership shall constitute a quorum.
At the annual meeting, the Members shall review and approve a budget for the next year,
shall elect Board of Directors to fill any expired term or vacant position, and shall conduct
such other business as shall be reasonable or necessary to cant' out the purpose of the
Association.
Section 5. Board of Directors.
f
The Members shall have the authority to set the number of Board of Directors, which number
shall not be less than three nor more than seven. However, until at least 75% of all Lots
existing or to be platted in future phases of Cherry Hills Subdivision — 31 Filing have been sold,
there shall be three Directors, and Declarant shall have the right to appoint the Board of
Directors of Directors, who shall not be required to be Lot Owners or Members of the
Association. Upon the sale of 75% of the Lots, the Board of Directors shall call a meeting within
30 days of such occurrence to transition the Board of Directors and Association to the Members.
The Board of Directors shall serve for a term to be set by a simple majority of the
membership, which shall not be for less than one year. Each Director shall serve until
replaced by his or her successor. Any vacancy on the Board of Directors occurring before the
next annual meeting of the Members shall be filled by the remaining directors.
All Director meetings shall require the presence of Directors entitled to cast a minimum of
55% of all votes of the Directors. The presence of Directors entitled to cast 55% of all votes
of the Directors shall constitute a quorum. The Directors shall act by majority vote.
Section 7. Board of Director's Duties and Responsibilities.
The Board of Directors shall have the power and responsibility of acting on behalf of the
Association and its Members as shall be reasonably necessary to carry out the purposes of the
Association, including but not limited to take such actions as shall be necessary or reasonable
to care for, protect and maintain the easements, proposed stormwater pond, proposed channels,
Utility Lot, boundary fence, if any, common areas, community signs or identification; to
adopt rules and regulations for the use of the proposed stormwater pond, proposed channels,
Utility Lot, boundary fence, if any, common areas to enforce these Covenants; to set and
collect assessments; to set annual and/or special meetings; and to act in any other matters set
forth herein or which may serve the Subdivision, including the formation of special
improvement districts, either public or private, for such improvements as the Association
shall approve. Neither the Board nor any Director, officer or Committee member acting in good
faith shall be liable to any Owner or member of the Association as a result of any decision or
determination made by the Board, a Director, officer or Committee Member.
The Board of Directors shall have the authority to hire additional professional officers,
management personnel or companies, consultants, accounting services, legal services or any
other personnel which they deem necessary for the smooth, efficient, and professional
functioning of the Association. They may include, but not be limited to, a manager, secretary,
treasurer, professional consultants, accountants, attorneys and maintenance personnel. The
Board of Directors shall also have the authority to make contractual arrangements with outside
entities, including but not limited to attorneys, accountants, engineers, environmental
consultants, maintenance contractors, and building contractors to provide for the smooth,
efficient, and professional functioning of the Association.
Section 8. Annual Meeting of the Board of Directors.
The annual meeting of the Board of Directors shall be held immediately after the annual
meeting of the Members. At the annual meeting, the Board of Directors shall elect officers of
the Association, including a President, Vice -President and Secretary -Treasurer (the
Secretary/Treasurer position may be divided into two separate positions), from among the Board
of Directors, except that the Secretary -Treasurer may be a Member(s) who is not a Board of
Director. The officers of the Association shall follow the directions of the majority vote of
the Board of Directors.
Section 9. Officers.
The duties of each of the offices shall be as follows:
A. President. The President shall preside over all meetings of the Association.
The President shall call the membership together whenever necessary. The President shall be
the general administrative and executive officer of the Association, and shall perform such
duties as may be specified, and exercise such powers as may be delegated to the office of
President by the Board of Directors.
B. Vice -President. The Vice -President shall exercise the powers of the President
in the absence of the President.
C. Secretary -Treasurer. The Secretary shall give notice of all meetings of the
Association, and shall keep a record of the proceedings of the meetings of the Association.
The Secretary shall be authorized to sign on behalf of the Association, all records, documents
and instruments when such are authorized to be signed by the Association.
The Treasurer shall keep and maintain adequate and correct accounts of the accounts,
properties, and business of the Association, including accounts of its assets, liabilities,
receipts, disbursements, gains and losses of the Association. The Treasurer shall prepare and
report such periodic accountings as shall be required by the Association.
Section 10. Vacancy
A vacancy in any office of the Association shall be filled by appointment by the Board of
Directors until the next annual meeting or the successor is duly appointed or elected.
ARTICLE III - ANNUAL AND SPECIAL ASSESSMENTS
Section 1. Assessments.
Each Owner, whether or not it shall be so expressed in any deed or contract, is deemed to
have agreed to these Covenants, and to pay to the Association:
A. Annual assessments or changes; and,
B. Special assessments for capital improvements, such assessments to be
1` established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs and reasonable attorney's
fees, shall be a charge on the property and Lot, and shall be a continuing lien upon the
property or Lot against which each such assessment is made. Each assessment, together with
the interest, costs and reasonable attorney's fees, shall be the personal obligation of the
Owner of such Property or Lot at the time when the assessment are due.
Section 2. Purpose of Assessments.
The assessments levied by the Association shall be used to promote the recreation, health,
safety, convenience and welfare of the Owners, for the improvement, repair, replacement and
maintenance of easements, Utility Lot, proposed stormwater pond, proposed waterway,
common areas, community mail boxes, community signs or identification, and any landscaping
located in the Subdivision that is the responsibility of the Association, insurance, general
maintenance, creation of reserves, management and administration the Utility Lot, proposed
stormwater pond, proposed channels, the taxes or fees for Utility Lot, proposed stormwater pond,
proposed channels, and weed control in the Utility Lot or common areas, and for any other
purposes, expressed or implied, in these Covenants.
Section 3. Amount and Approval of Assessments.
The maximum assessment per Lot which may be made by the Association in every calendar
year shall not substantially exceed the projected and budgeted actual and reasonable costs to
be incurred by the Association during the coming year in carrying out the purposes herein set
forth, and may include a reasonable reserve for contingencies. The amount of the annual
assessments shall be fixed by the Board of Directors of the Association in the following
manner:
At each annual meeting of the Members of the Association, the Board of Directors shall
present a proposed budget of the estimated expenses for the Association for the coming year
to the members for review, discussion, amendment, comment and approval. The Members
shall approve or amend the proposed budget by a majority vote of the members present or
voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the
assessments and the date(s) due for the coming year to cover the budget approved in the
manner herein set forth.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy special
assessments for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, or other capital improvements on the properties, Utility Lot, proposed
stormwater pond, and proposed channels, including fixtures and personal property related
thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more
of all of the votes of the Members who are present, in person or by proxy, at a meeting duly
called for that purpose. Special assessments may be levied to be paid over one or more years.
Assessments for normal maintenance and repairs shall not require two-thirds (2/3) vote.
Section Uniform Rate of Assessment.
Annual assessments shall be fixed by the Board of Directors at a uniform rate for each Lot,
except the Board of Directors may fix a different uniform rate for improved and unimproved
Lots. The assessments may be collected on a monthly, quarterly or annual basis, or any other
regular basis as shall be determined by the Board of Directors of the Association. Special
assessments shall be fixed at the same rate for each Lot affected by the special assessments.
Section 6. Date of Commencement of Annual Assessments; Due Dates.
Except as herein provided, the annual and special assessments provided for herein shall be
due on the date determined by the Board of Directors. The Board of Directors shall fix the
amount of the annual assessments against each Lot at least thirty days in advance of the due
date of each annual assessment, and at least ninety days in advance of a special assessment.
Written notice of the annual and special assessments shall be mailed or personally delivered
to every member subject thereto, at their last known mailing address.
Section 7. Effect of Nonpayment of Assessments; Remedies of the Association.
Any assessment not paid within thirty days after the due date shall bear interest from
the due date at the rate of ten percent (10%) per annum. The Association may bring an action
at law against the Owners obligated to pay the same or foreclosure the lien against the
property or Lot, restrict the Owner's right to vote and/or utilize the Utility Lot. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Utility Lot or by abandonment of their Lot.
Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon
the Owner's Lot until paid. The Association may record a notice of the lien with the Clerk
and Recorder of Yellowstone County, Montana. In the event of non-payment within thirty
days after the recording of the notice of lien, the Association may foreclose the lien in the
manner set forth under Montana law for the foreclosure of liens against real property. The
Association is entitled to collect during an action for delinquent assessments any and all
reasonable attorney fees and costs accrued prior to and in association with the collection of
delinquent assessments.
Section 8. Sale or Transfer of a Lot.
The sale, transfer or encumbrance of any Lot shall not affect the assessment lien if recorded
in the records of Yellowstone County, Montana, or the personal liability of the Owner
responsible for the assessment. No sale or transfer to a third party with actual or constructive
knowledge of an assessment shall relieve such new owner from the liability for and
responsibility to pay any outstanding assessments, or from any assessments thereafter
becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be
responsible for checking with the Association for any outstanding assessments against said
Lot before the closing upon the purchase.
8
ARTICLE IV- CHERRY HILLS SUBDIVISION — 3RD FILING UTILITY LOT
MANAGEMENT PLAN
Section 1. Cherry Hills Subdivision — Yd Filing Utility Lot Management Plan.
The Subdivision is designed to meet the goals and objectives the City of Laurel.
The Cherry Hills Subdivision — Yd Filing Utility Lot Management Plan is intended to provide a
guideline for the protection, management, development, operation, and maintenance of the
utility lot, proposed stormwater pond, and other common use items within the Subdivision.
Section 2. Utility Lot
The Utility Lot, including but not limited to the stormwater pond, structures, outfall channel, and
other items necessary for the Subdivision, as designated on the final plat, and any amended
plat, shall be preserved in perpetuity for use by the Association. The Association shall be
responsible for the maintenance payment of fees, liability insurance and taxes for these areas,
and shall have the right and obligation to provide for the protection, management,
development, operation, and maintenance of the Utility Lot, the stormwater pond, structures,
outfall channel, and other items.
Section 3. Assessments for Utility Lot
The Board of Directors shall establish assessments for the taxes, insurance, and maintenance
of the Utility Lot under the control and authority of the Association. The assessments levied by
the Board of Directors for the maintenance, upkeep, repair and operation of the Utility Lot, like
all other assessments, become a lien on each Lot within the Subdivision The Board of Directors,
may, in its discretion, adjust the assessments to meet the changing needs ofthe community and
the areas serving the community.
Section 4. Not Used.
Section 5. Not Used
Section 6. Mechanized Vehicles Prohibited.
No motorcycles, ATV's, snowmobiles, boats or similar means of transportation are permitted in
or on the Utility Lot, proposed stormwater pond, and proposed channels. Motorized vehicles or
equipment are allowed in or on the Utility Lot exclusively for maintenance purposes.
Section 7. Landscaping of Utility Lot.
Landscaping and plantings shall feature native species, but may incorporate non-native and
ornamental species of trees and shrubs that will minimize maintenance and water consumption, or
that will contribute to wildlife depredation problems. Terrain modification may occur where
needed to enhance opportunities for human activities to improve vegetative screening, to enhance
watercourse development, and to minimize maintenance. Temporary fencing around shrubs and
trees may be utilized to prevent or minimize destruction by animals or people during the time
necessary to ensure the protection and survival of any plantings.
Section 8. Noxious Weeds.
Noxious weeds shall be controlled on all common and open space areas. The preferred method is
by introduction of desirable plant species that eliminate weed. Interim, measures permitted
include herbicide applications, mowing and biological control. All herbicide applications
shall be conducted according to applicable regulations.
Section 9. Wildlife.
No feeding of wildlife other than birds shall be allowed in or on the Utility Lot. The killing,
hunting or taking of any wildlife species by any means within the Utility Lot is prohibited
except for the catching and release of fish, and the control of specific animals known to be
causing unacceptable damage to property or persons (i.e. beavers damming the watercourses
or porcupines identified as girdling planted trees). In such cases, the Board of Directors shall
contact appropriate professional consultants to trap and relocate such animals.
r Section 10. Domestic Pets.
Domestic pets shall not be allowed at any time in or on the Utility Lot or other common areas
unless on a leash. Pet owners shall be required to clean up after any pets they take on the
Utility Lot. At no time shall any domestic pet be permitted to chase or harass wildlife in or
on the Utility Lot, or other common areas.
Section 10. Prohibited Uses.
No use of fireworks, firearms, hunting and/or loud music or having loud parties in the Utility Lot
is permitted.
Section 11. Fencing.
No fences shall be permitted in the Utility Lot, unless otherwise provided herein. The boundary
of the Property, including the Utility Lot, may be fenced upon the request by neighboring
property owners to prevent neighboring livestock from entering the Property. Temporary fences
for the protection of plantings, as identified above, may be permitted.
Section 12. Signage.
Signs shall be permitted to identify trail routes, direct human activity or provide interpretive
information. Directory signs should be combined with landscaping features, be made of
natural appearing materials, and must comply with these Covenants and Zoning Regulations.
10
Section 13. Nuisance.
No Owner, guest or invitee may use or occupy the Utility Lot or common areas in such a
manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other
Owner, guest or invitee of the Subdivision. Violations shall be enforced by the Board as
provided for in these Covenants, including, but not limited to the levying of a fine and seeking
compensation from such Owner, guest or invitee
ARTICLE V - ARCHITECTURAL REVIEW COMMITTEE AND
ARCHITECTURAL REVIEW PROCESS
Section 1. Architectural Review Committee
The Cherry Hills Subdivision — 31 Filing Architectural Review Committee (hereinafter the
"Architectural Committee") shall consist of three (3) members appointed by the Board of
Directors, one of whom shall be designated as the Chairperson. It is suggested that at least
one of the members of the Architectural Committee have professional qualifications in the
area of architecture, landscape architecture, or construction.
Section 2. Scope of Responsibilities
The Architectural Committee has the right to exercise control over all construction of any
Improvement within the Subdivision. It will also review all Owner's alterations and
modifications to existing structures, including, but not limited to, exterior walls, exterior
painting, renovations, and landscaping.
No residence or structure, Improvement, wall, garage, outbuilding or other structure shall be
made, erected, altered or permitted to remain upon the Lot until written plans and
specifications showing the site plans, floor plans, design, nature, kind, color, dimensions,
shape, elevations, material, use and location of the same shall have been submitted and
approved, in writing, by a majority of the Architectural Committee as to the plans and
specifications compliance with these Covenants.
All documents submitted for review must be dated and labeled with the specific project title,
owner, architect, contractor, and address, and must be accompanied by the fees required for
review.
Section 3. Standards for Architectural Review.
It shall be the Owner's responsibility to ensure that all proposed construction of any
Improvement shall comply with the Uniform Building Code, National Plumbing Code, the
National Electrical Code, and the City of Laurel Codes, these Covenants, and any
amendments thereto.
All plans must be harmonious with the overall plan for the Subdivision. All plans and
specifications must be suitable to the Lot, the adjacent Lots, the adjacent properties, and the
C neighborhood. All Improvements must be compatible with the surrounding properties and
Lots so as to not impair or degrade Subdivision or its aesthetic values.
The Owner shall reference and follow all guidelines and design requirements of the Subdivision
Fire Protection Plan when designing any Improvement.
Section 4. Review Fee.
A review fee will be required at the time of submission of all of the documents and sample
materials. The Owner shall submit the documents and the required fee to the Architectural
Committee chairperson or other designated member of the Architectural Committee. The
purpose of the design review fee shall be to defray the Association's cost of review of all
proposed site plans and specifications submitted to them. The fee, which shall be set by the
Board of Directors, shall initially be $500.00.
Section 5. Documents Required for Review.
Three copies of the following documents in engineering scale of 1/8" = 1'0" should be
submitted to the Architectural Committee chairperson:
A. Site plans including:
Lot lines and setback lines with dimensions; Building/Improvement footprints with
entries, porches, balconies and decks delineated; Location, dimensions and materials
for driveways; Elevation of first floor; Height of foundation from the top of the curb;
Landscaping requirements and concepts; Location, height and material for retaining
walls or garden walls; Water, electric and sewer service; and Exterior light locations
and type.
B. Complete construction drawings, including floor plans, exterior elevations of all sides,
roof design, specifications, and any construction details, as follows:
Floor Plans showing: Foundation plan dimensioned; Exterior walls shown and
dimensioned; 'Room use and dimension; Wall, window and door openings
dimensioned;'All overhangs of floors and roofs as dashed lines; Overall
dimensions; and Total enclosed square footage.
2. Elevations including: A description of the material for the front street elevation;
Porches, balconies, doors and windows; Principal materials rendered and
specified; Height of each floor, eaves, and roof peak dimensioned from the first
floor; Overall height from ground level; Roof pitch; Major building sections;
Typical walls from ground to ridge; and Typical porch section from ground to
roof.
3. Roof Plan: Elevations of the Roof, and description of roof materials.
f`�
Landscape Plan: Listing of all trees and plants to be installed and their respective
locations.
Samples (I set) of all exterior materials in their respective color proposals in an
adequate size to evaluate.
Section 6. Review Procedures.
The Owner will be notified in writing by the Architectural Committee within thirty (30)
business days after receipt of all documents and items required for submittal in Article V,
Section 5 that the design has been approved, approved with stipulations, or disapproved. The
Architectural Committee's thirty (30) business day review period will not commence until
all documents and items specified in Article V, Section 5 have been submitted to the
Architectural Committee.
The Architectural Committee may request additional plans, specifications, and samples in
order to complete their review. In the event of such request, the review time period shall toll
and shall not again commence running until after such additional plans, specifications, and
samples have been submitted to the Architectural Committee.
An application may be withdrawn by an Owner without prejudice, provided the request for
withdrawal is made in writing to the Architectural Committee. No fees will be refunded due to
such withdrawal.
If the Architectural Committee does not contact the Owner within thirty (30) business days of
the review commencement date, the application shall not be deemed "approved," and the
Owner shall be entitled to file a written request with the Board of Directors that the
application be reviewed by the Architectural Committee within five (5) business days of the
date of the Owner's written request.
If an application is approved with stipulations or is disapproved, the reasons for the approval
with stipulations or disapproval will be clarified for the Owner by the Architectural
Committee, in writing and/or with drawings, within ten (10) business days after the Owner
has been notified of the Architectural Committee's decision.
If an application has been denied, or the approval is subject to stipulations that the Owner
feels are unacceptable, the Owner may request a hearing before the Architectural Committee
to justify the Owner's position. The Architectural Committee will consider the arguments
and facts presented by the Owner and notify the Owner of its final decision within ten (10)
business days of the hearing. If the Owner disagrees with the Architectural Committee's final
decision, the Owner may appeal such decision to the Board of Directors and the Board of
Directors shall hold a hearing, during which the Owner and the Architectural Committee may
be heard. The Board of Directors shall consider all arguments and facts presented and shall
render a final decision within ten (10) business days of such hearing.
13
Section 7. Action Upon Architectural Committee's Approval
Approval by the Architectural Committee does not relieve an Owner of the Owner's obligation
to obtain any government, city, state and county approvals necessary to construct the
Improvement, including, but not limited to, a City of Laurel land use permit. If such approvals
are required and are not obtained by the Owner, the Architectural Committee and/or the
applicable government, state and county agency may take whatever actions are necessary
against the Owner to force compliance.
Upon approval by the Architectural Committee, the Owner must obtain a building permit from
the City of Laurel prior to commencing any construction. With the Owner's application for a
building permit, the Owner shall also submit the Architectural Committee's approval letter or
approval stamp on the Owner's plans, as a prerequisite for City of Laurel reviewing and issuing
such building permit. Upon receipt of both the Architectural Committee's approval letter and
the building permit, the Owner may commence construction in strict accordance and
adherence with the plans and specifications submitted to and approved of by the Architectural
Committee. Any deviation from said plans and specifications which, in the judgment of the
Architectural Committee, is a deviation of substance from the plans and specifications approved
of by the Architectural Committee, the Architectural Guidelines contained herein, or any other
provision of these Covenants, and/or is a detriment to the appearance of the Improvement or
to the surrounding or neighboring areas or Lots, shall be promptly corrected by the Owner, at
the Owner's expense, to conform with the plans and specifications submitted by the Owner and
approved of by the Architectural Committee, or such deviation may be corrected by the
Association at the Owner's expense as provided in these Covenants.
Section 8. Variances.
All variance requests pertaining to the Architectural Committee approvals must be made in
writing to the Architectural Committee, and must be accompanied by written verification that
the requested variance does not violate the Zoning Regulations, City of Laurel regulations, and
that such a variance has not already been requested by the Owner from the Zoning District and/or
Yellowstone County. Any variance granted shall be considered unique and will not set any
precedent for future decisions.
The Architectural Committee may, upon application, grant a variance from the Architectural
Guidelines, provided that the spirit of these Covenants is complied with, the requested
variance does not violate the zoning regulations or any Yellowstone County regulations, and
written notice of the nature of the variance has been mailed or personally delivered to all
other Lot owners in the Subdivision at least ten days before the variance is considered, in
order to give the other Owners a chance to comment and provide input to the Architectural
Committee. The Architectural Committee shall have the duty and power to make the final
decision on the granting of the variance, without any liability being incurred by the
Architectural Committee or damages being assessed against the Architectural Committee,
due to any decision of the Architectural Committee.
Section 9. Eighteen Months for Completion.
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Any Improvements to be constructed or erected in accordance with the approval given herein,
including all landscaping, must be diligently continued and completed within eighteen months
from the date of approval, unless otherwise extended in writing by the Architectural
Committee. If construction of any Improvement is not commenced within one year after
approval, a new approval must be obtained.
If any Improvement is commenced within one year, but is not completed in accordance with
the plans and specifications within twelve months, the Board of Directors of the Association,
at their option, may take such action as may be necessary, in their judgment, to improve the
appearance of the Improvement so as to make the property harmonious with other Lots and
properties, and to comply with these Covenants, including completion of the exterior,
removing the uncompleted structure, or any combination thereof. The amount of any
expenditures made in so doing shall be the responsibility and obligation of the Owner. A lien
on the Lot may be recorded and shall be enforceable by an action at law. In lieu thereof, the
Association may take such action as is available by law or equity, including, but not limited to,
an injunction, or seeking damages, and shall be entitled to reimbursement of the Association's
costs and attorney fees as may be awarded by the Court.
Section 10. Inspection and Compliance with Approved Plans.
The Architectural Committee may inspect all work in progress and any completed
Improvement, and give notice of any noncompliance as set forth below.
During construction or upon completion of any Improvement, if the Architectural Committee
finds that such work was not done in strict compliance with all approved plans and
specifications submitted or required to be submitted for its prior approval, it shall notify the
Owner and the Board of Directors of such noncompliance, and shall require the Owner to
remedy the same. If upon the expiration of seven (7) business days from the date of the
notification, the Owner has failed to commence to remedy such noncompliance, the Board of
Directors shall determine the nature and extent of the noncompliance, the estimated cost of
correction and any fine the Board of Directors so elects to assess for such noncompliance or
pursuant to a fine schedule adopted by the Board of Directors. The Board of Directors shall
notify the Owner in writing of the Board of Director's estimated cost of correction action, which
may include removal, and any associated fine. The Owner shall then have five (5) business days
to pay any assessed fine and to commence such corrective action. Any corrective action must be
completed within thirty (30) days of the Board of Directors providing the Owner written notice
of the cost of corrective action.
If the Owner does not comply with the Board of Director's determination within the five (5)
business day period referenced above, the Board of Directors, at its' option, may stop the
Owner's construction of the Improvement, remove the noncomplying Improvement, or remedy
the noncompliance, and the Owner shall reimburse the Association upon demand for any and all
expenses incurred as a result of the Owner's noncompliance. If such expenses are not promptly
paid by the Owner to the Association, the Board of Directors may levy an assessment against the
Owner and/or file a lien against the Owner's Lot upon which the Improvement was/is situated,
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for reimbursement of the Association's expenses, and the same shall be enforced and/or
foreclosed upon in the manner provided for by law.
Section 11. Limitation of Responsibilities and Liability.
The primary goal of the Architectural Committee is to review the Owner's submitted application,
plans, specifications, materials and samples in order to determine if the proposed Improvement
conforms with the Architectural Guidelines. The Architectural Committee does not assume
responsibility for the following.
A. The structural adequacy, capacity or safety features or the proposed
Improvement.
B. Soil erosion, ground water levels, non -compatible or unstable soil
conditions.
C. Compliance with any or all building codes, safety requirements, and
governmental laws, regulations or ordinances.
Neither the Declarant, the Association, the Board of Directors, the Architectural Committee, nor
the individual members thereof, may be held liable to any person or Owner for any damages for
any action taken pursuant to these Covenants, including, but limited to, damages which may
result from correction, amendment, changes or rejection of plans and specifications, the issuance
of approvals, or any delays associated with such action on the part of the Board of Directors or
the Architectural Committee.
Section 12. Construction Site Maintenance and Clean-up.
Construction materials shall not at any time prior to, or during construction, be placed or
stored in the street or located anywhere else that would impede, obstruct or interfere with
pedestrians or motor vehicle traffic within the sidewalk and/or street rights-of-way. All
construction materials shall be removed from the entire Lot within thirty (30) days of
substantial completion of construction.
Construction sites shall be kept clean, neat, and well organized at all times. All construction
debris shall be the responsibility of the Owner and the Owner's contractor, and shall be kept
clean and properly stored on a daily basis. If construction debris blows onto another
Owner's Lot, it is the responsibility of the Owner and the Owner's contractor to clean it up
immediately. Street cleanliness is of particular concern. Any construction debris, especially
dirt, gravel, rocks, and concrete, that falls or is left in the street shall be removed immediately
from the street, and be brought back to a broom clean condition. The Association shall
strictly enforce this provision, and reserves the right to fine negligent parties up to $500.00
for each infraction, to complete any clean up the Board of Directors determines to be
necessary, and/or to assess the Lot Owner for all clean-up costs.
ARTICLE VI — ARCHITECTURAL AND LANDSCAPE GUIDELINES
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The Architectural Guidelines which follow are intended to compliment the Zoning Regulations
which govern this Subdivision and to clarify the intention for the design of Improvements in the
Subdivision. Specifically, these guidelines set forth design criteria which address the design of
Improvements and location. The intent to these guidelines is to define a minimum level of
quality and consistency of Improvement design, which shall be consistent with and maximize the
quality of the overall Subdivision. Unique design elements of the Improvements will be
respected and individual expression is encouraged, provided they are harmonious with the
overall plan of the Subdivision and the neighboring Lots.
ARCHITECTURAL GUIDELINES.
Section 1. Purpose.
These Architectural Guidelines allow for flexibility while maintaining architectural
continuity, and are intended to compliment the Zoning Regulations. The primary goal is to
ensure that the proposed Improvement design, including landscaping, maintains or exceeds the
general level of quality, size, appearance, and marketability as is commensurate to residential
lots and homes adjacent to it. The City of Laurel will have no power to issue a building permit
for any Improvement which has not been approved of by the Architectural Committee.
Section 2. Design Criteria and General Regulations.
The intent of the following Architectural Guidelines are to provide a continuity to the built
environment of the Subdivision, while encouraging unique approaches to the Architectural
Guidelines provided herein. Using scale, proportion, and orientation, colors and materials, all
Improvements in Cherry Hills Subdivision — 3rd Filing will celebrate the surrounding land forms
and concentrate on preserving view sheds and blending into the landscape throughout the
Subdivision. These guidelines specifically require homes designed by a licensed architect that
are sensitive to the environmental conditions and prohibit tract style design types, inadequate site
planning solutions, unorthodox design solutions or other approaches that damage property values
and/or aesthetic values in the Subdivision as determined by the Architectural Committee. It is the
intention of the Covenants to ensure that all homes shall be of quality workmanship and
materials compatible with the other homes in the Subdivision. All initial or subsequent
improvements to Lots in the Subdivision shall be subject to the following architectural and
landscaping guidelines. All plans must be approved by the Committee as provided herein,
prior to application to the City of Laurel for a building permit. No construction of, or
alteration to, any Improvement shall be commenced on any Lot prior to receiving the written
approval of the Architectural Committee and, if necessary, a building permit from the City of
Laurel.
All Lots in the Subdivision are subject to the Zoning Regulations and City of Laurel
regulations. In addition to these Covenants, Zoning Regulations and City of Laurel
regulations, building design and construction may be subject to other County, State and Federal
regulations. The Owner shall be responsible to ensure conformance with all applicable
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regulations.
Section 3. Single Family Residence Lots and Density.
The Lots in the Subdivision shall be used exclusively for the construction of single family
residences only. No more than one single family residence may be constructed on each Lot.
Section 4. Building Area.
Each Lot shall have a designated building area. All construction of Improvements, except
landscaping, shall occur in the designated building area.
Section 5. Improvement Types.
All Improvements built within Cherry Hills Subdivision — 31 Filing shall be stick -built on site,
using common dimension lumber and other similar basic materials. Prefabricated, modular,
panelized, factory built and/or kit homes of any type are prohibited within the Subdivision.
Section 6. Improvement Height.
The height of any Improvement shall be limited to a maximum of 28 feet for a single story
Improvement and 30 feet for a two-story Improvement. Improvements shall be measured from
the highest ridge to the lowest adjacent grade.
4
With approval from the Architectural Committee, a chimney, cupola, and other architecture
feature may exceed the given height limitations by no more than 2 feet.
Section 7. Size of Residential Improvements.
A. Minimum.
Any residential Improvement constructed on a Lot shall have minimum living space, exclusive
of garages, decks, and porches, of 2,500 square feet.
B. Maximum.
Any residential Improvement constructed on a Lot shall not exceed a maximum living space,
exclusive of garages, decks, and porches, of 6,200 square feet. To exceed After 6,200 square feet
of living space, an Owner must obtain a variance to these Covenants from the Architectural
Committee and may be required to implement increased fire prevention requirements.
Section 8. Accessory Buildings.
One accessory building shall be allowed, which shall not exceed 24 feet in height. No accessory
building may be erected in any required front yard or setback. Detached garages shall be erected
no closer than five and one-half feet of any principal residence. No other separate accessory use
shall be erected within ten feet of any principal residence. The exterior design, style and colors
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of any accessory building on a Lot shall conform to the design, style and colors of the
principal residence, and must receive prior approval of the Architectural Committee. All
accessory buildings, including, but not limited to, garages and storage buildings, shall be
architecturally compatible with the principal residence.
Section 9. Setback Requirements.
All Improvements shall have a minimum of a 25 -foot setback from all irrigation ditches, not
within the boundary of the Property. Unless otherwise specified, the front setback for each Lot
shall be 30 feet from the front Lot line, the side setback for each Lot shall be 10 feet from each
side Lot line, and the rear setback for each Lot shall be 10 feet from the rear Lot line.
Section 10. Exterior Walls and Facades.
The character of the exterior of the Improvement should be kept simple in order to harmonize
and compliment the surrounding environment of the Lot. Natural materials and subdued colors
should pre -dominate the main body of the Improvement. Exterior trim can be more colorful and
contrast the main body.
A. Materials.
The exterior siding of all residences and Improvements shall consist of natural stone, rock, brick,
C stucco, or wood which is painted or stained. Simulated stone and new building materials that
maintain the aesthetic character of the Subdivision may be considered by the Architectural
Committee. No vinyl siding, cement block, panel siding similar to T1-11 siding, plywood sheet
siding, or unfinished reflective siding is permitted. Any use of sheet or panel metal siding
must be approved by the Architectural Committee, and shall run in a horizontal or diagonal
directions, and shall be lapped. All facades of a residence or Improvement shall be made of the
same materials and similarly detailed.
B. Colors.
The color palette of the body of the Improvement shall be traditional colors, including earth
tones, neutral, natural wood, or muted primary colors, that harmonize and compliment the
neighboring Improvements and Lots. Trim may be more colorful and contrasting in order to add
visual interest. Color of homes will be determined on a case by case basis by the Architectural
Committee. All exterior wood shall be painted or stained.
C. Wall Form.
No wall shall consist of single finish treatment for more than 14 horizontal feet without
interruption by a wall projection or a different siding material, window, wall comer, chimney,
wall recess, porch or other architectural element that adds interest.
D. Windows and Doors.
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n The pattern, sizing, symmetry, of windows and doors determines the scale and feel of an
Improvement. Windows are key architectural element that creates interest and contrast, such that
it is recommended that a significant number of windows are utilized in the design of the
improvement. All windows will be double or triple glazing. Low E coatings are permitted, but no
mirror glazing is allowed. The Architectural Committee will require that the following aspects be
carefully addressed in the window design:
1) Consistency of types and shapes.
2) Special shapes for future windows in appropriate areas
3) Window patterns consistent with design of the Improvement.
Section 11. Foundation Design.
All Improvement foundations shall be constructed to at least 18" above the top of the curb.
Basements may be constructed in areas of suitable ground water depths, but flood prevention
building techniques must be used including sump pumps and approved foundation sealing.
Exposed concrete shall be limited to a maximum of.8 inches from the bottom of the siding to
the finish grade. Exposures of more than 8 inches shall be covered by shrubs, masonry
veneer, texture concrete surface such as exposed aggregate or synthetic stucco.
Section 12. Roofs.
Roofs are a major element in the design of an Improvement and therefore will be emphasized by
the Architectural Committee. Roof designs should complement the mountain foothills with the
goal of bringing continuity to the Subdivision. Consideration should be given to the prevention
of excess snow build-up, ice damming and snow shedding.
A. Designs.
Designs of roofs used in a creative and aesthetically pleasing combinations as well as pitches of
the indigenous buildings found around the City of Laurel are recommended. Secondary roofs
forms are also highly recommended in roof designs for the Subdivision, as they are useful in
giving proper scale to larger.roof masses.
B. Pitches.
The minimum roof pitch is 6:12 for major components of any roof. Secondary roof forms may
have varying roof pitches, but no roof component shall have a pitch less than 4:12. Should a
lower or higher roof pitch be desired by an Owner, the Owner may seek a variance from the
Architectural Committee so long as such pitch is appropriate for the design of the improvement
and does not compromise the integrity of the Subdivision.
C. Secondary Roof Structures.
CDormers, skylights, chimneys, and solar collectors are considered secondary roof structures.
20
Dormers and other secondary roof structures are encouraged to give scale to the main roof and
also create habitable space within the roof. When designing the location of the skylights,
consideration should be given to both the interior and exterior of the Improvement. Locations
should also be coordinated with window and door locations. Skylights shall be flat and not
bubbled, and located away from valleys, ridges, and other areas where drifting snow and snow
ice may hinder the performance and safety of the Improvement. Any use of solar panels or
collectors must first be approved by the Architectural Committee. Any approved solar panels
or collectors shall be inconspicuously located, and shall be integrated into the overall roof
design, parallel with the slope of the roof or wall of the Improvement, and are not to be on
any roof parallel to the street.
D. Entry Definition, Overhangs and Fascia.
Caution should be used when designing entry definition, overhangs and fascia to minimize snow
shedding towards walkways, driveways, porches, decks, balconies, or any other place a person
may be injured by sliding ice. Entrances should be expressed with a gable or shed roof and
protected with adequate overhangs. All overhangs shall be at least two feet in length. Fascia
materials shall be built-up. Substantial trim elements, such as built-up, double fascia's of 12
inches overall dimension, are preferred. All eaves and soffits shall be designed so as not to allow
embers to be caught or trapped in the event of a fire.
E. Materials.
Roof materials shall be constructed of fire-resistant materials carrying a class A rating. The
following are the only acceptable roof materials: Class A synthetic shakes or shingles; Class A
wood or Cedar shakes; Natural and synthetic slate tiles; Standing ridge metal roofing; or other
similar materials allowed by the Architectural Committee.
E. Gutters Down Spouts and Flashing.
Gutters and down spouts are allowed but they must be of a color and finish that matches the
Improvement or trim. The down spouts must be a part of the initial design of the Improvement
reviewed by the Committee. Unpainted gutters down spouts and flashing shall not be allowed.
F. Roof Equipment.
All roof mounted equipment shall be integrated into the overall roof design and screened.
All sewer, bath fan, hot water heater, wood or gas stove, or other roof venting stacks shall be
painted a color as similar as possible to the roof material color.
G. Chimneys.
Chimneys may exit the sides of residences or Improvements as well as the roof of the residence
or Improvement. It is strongly encouraged that chimneys emerge from the highest roof
volume. When part of an exterior wall, chimneys may be used as an accent form to break up
the mass of the wall. Prefabricated metal flues shall be concealed within a chimney. Chimney
caps may extend no more than 16" above the chimney top. Chimneys shall be of a material
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that compliments the other exterior finishes, and may include brick, natural stone, stucco, or
wood framing when the finished wood material is the same as the siding.
Section 13. Decks, Balconies, and Porches.
Decks, balconies and porches, are to be used to accentuate the architecture of the Improvement
and create interest and variations in the Improvement. Articulation of indoor, outdoor shared
space with thought of the transition between the two is encouraged. Multiple elevations and
combinations of covered decks, projecting balconies and bay windows shall be encouraged.
Section 14. Garages.
Each single-family residence is required to have a minimum of an attached or detached 2 car
garage. With sectional roll up doors. If the garage is unattached, Owners are encouraged to
design a walking space between the residence and the garage. The detached garage must adhere
to the same Architectural Guidelines as the residential improvement, must compliment the
residential improvement and be proposed to the Committee for review at the same time as the
residential improvement. There will be no long term storage of cars or other vehicles outside the
garage.
Section 15. Energy Considerations.
All Improvements shall be designed so that the primary source of heat is natural gas or
electricity. The use of wood, wood bi-products or coal burning appliances as the major heat
source is prohibited. All wood burning devices except fireplaces shall be fitted with catalytic
converters.
Section 16. Exterior Lighting.
All exterior residential lighting must be free of glare and shall be fully shielded or shall be
indirect lighting. All exterior residential lighting on all Lots must be incandescent and limited
to a maximum of 60 -watt incandescent bulbs, and shall be of such focus and intensity so as to
not cause disturbance to adjacent Lots. No direct lighting shall shine beyond the Lot line of
any parcel. No exposed bulbs, mercury vapor or high-pressure sodium lights are permitted.
Decorative fixtures, or recessed or canned lighting is encouraged for porches, main entrances
and other exterior applications to achieve softer, non -glare, lighting effects. All residential
lighting shall comply with the Zoning Regulations and City of Laurel lighting requirements.
Recessed or can lighting is encouraged for porches and main entrances for softer lighting
effects. Clear glass fixtures (i.e. coach lantern style) are prohibited. Honey glass or amber
glass panels are encouraged as an alternate.
Obtrusive flood lighting and front yard landscapelpathway lighting, and clear glass or exposed
bulb (non -cutoff) fixtures are prohibited. Yard and walkway lighting shall be compatible
with the scale and architectural design of the main residence.
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All exterior lighting and exterior lighting changes shall be approved by the Committee.
For the purposes of this paragraph, the following definitions shall apply:
Fully Shielded lights: Outdoor residential light fixtures shielded or constructed so that
no light rays are emitted by the installed fixture at angles above the horizontal plane as
certified by photometric testing.
Indirect Light: Direct light that has been reflected or has scattered off of other surfaces.
Glare: Light emitting from a luminaire with an intensity great enough to reduce a
viewer's ability to see.
Section 17. Parking
All parking shall be off-street. A minimum of two off-street parking spaces shall be provided for
each residence.
Section 18. Signage
Signs shall be limited to identification signs, real estate sale signs and street signs, no larger than
six square feet, the design and location of which must be approved of by the Committee.
Section 19. Zoning.
All zoning, land use regulations and all other laws, rules and regulations of any government
or agency under whose jurisdiction the property and Lots lies are considered to be part of
these Covenants and enforceable hereunder; and all of the Owners of said Lots and properties
shall be bound by such laws, rules and regulations.
In the event there is a conflict between the Covenants and the applicable zoning, the most
restrictive provision of either the Covenants or the zoning shall control.
Section 20. Easements
There are reserved, as shown in the plat and as may otherwise be reserved by the Declarant,
easements for the purposes of constructing, operating, maintaining, enlarging, reducing,
removing, laying or relaying lines and related facilities and equipment for utilities, including,
but not limited to, those providing gas, communication and electrical power. Landscaping
elements and other items allowed by the Covenants and approved of by the Committee may be
placed along as long as the intended use of such easements are not prevented.'
II. LANDSCAPE DESIGN GUIDELINES
Section 1. Driveways.
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All driveways and parking areas shall be surfaced with concrete, and in no case be located
rcloser than five (5) feet to adjacent Lot lines. No Lot Owner shall fill or obstruct the natural
flow of any borrow ditch, drainage swale, or culverts.
Section 2. Fences.
No fences shall be permitted on Lots, unless otherwise provided herein. Temporary fences for
the protection of plantings, as identified above, may be permitted.
Section 3. Antennas and Satellite Dishes.
No external television, radio antennas, or large satellite dishes shall be permitted. Smaller
satellite dishes of the latest technology (not exceeding two feet in diameter) will be allowed.
All satellite dishes shall be inconspicuously located, and screened from neighboring and
street views.
Section 4. Utilities.
All utilities, including but not limited to natural gas, electricity, telephone, and cable
television, shall be located underground.
Section 5. Landscaping and Irrigation.
Each Lot Owner shall submit a Landscape Plan, including plant and tree listings and their
respective locations, and an irrigation plan to the Architectural Committee for review and
approval. Each Lot owner will be required to meet minimum landscape requirements
consistent with the overall plan for the Subdivision. Landscaping will be required for the
area around the residence. and Improvements. Landscape, grading and irrigation plans shall be
submitted and approved by the Committee concurrently with the plans for the residence.
Owners are required to maintain the landscaping on their Lots in a manner that does not
detract from the appearance and value of the adjoining Lots or the aesthetics of the
Subdivision. Landscape maintenance will be enforced by the Association as provided in these
Covenants.
Section 6. Trees.
All Lot owners shall plant a minimum of trees and shrubs to enhance the aesthetic features of
their Lot. Trees are encouraged to be planted in clusters rather than at regular intervals around
the Lots. Shrubs and flowers may be used to provide a transition from the tree clusters to the
lawn surfaces.
All trees must be planted a minimum of 8 feet from the Lot line when adjacent to a neighbor,
and may not be planted in the utility easements. It is the responsibility of the Owner to contact
the appropriate utility companies before digging.
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When selecting trees, it is the responsibility of the Lot Owner to check the appropriateness of
that species with specific site conditions. Deciduous trees are encouraged to be placed on the
southern and western during the winter months. Deciduous trees must be planted a minimum
of 20 feet from the eaves. Planting beds and any bedding around tree base areas shall be
mulch or earth tone stone (not white).
Section 7. Weeds.
The Association shall provide a Yellowstone County approved weed control plan, which both the
Association and the Owners shall comply with the terms and conditions of such plan. Both
improved and unimproved Lots shall be kept free of weeds. The Owner of each Lot shall
control the weeds and all noxious plants on the Owner's Lot; provided, however, that the
Owner shall not use spray or killing materials in such a way as to be harmful to humans or
animals or to the neighboring or common area vegetation.
In the event an Owner shall not control the weeds and noxious plants on their Lot, the
Association, after ten days written notice to a Lot Owner to control the same, may cause the
weeds or noxious plants to be controlled, and may assess the Lot Owner for the costs thereof,
as set forth in these Covenants.
ARTICLE VII — MAINTENANCE
Section 1. Each Owner, at Owner's expense, shall be responsible for the maintenance and
repair of the Owner's Lot, including, but not limited to, the driveway, parking area, walkways
and landscaping.
Section 2. The Association shall be responsible for the maintenance, repair and replacement
of the Utility Lot and any other common areas, including, but not limited to the storm drain
system, culverts, outfall and ditch. Should any maintenance, repairs or replacement of items
within the Utility Lot or any other common areas be the result of damages caused by a Lot
Owner, guest or invitee, said Lot Owner shall be responsible for the costs incurred by the
Association for any maintenance, repairs or replacements resulting from such damage, and, if the
Lot Owner fails to promptly pay for such costs after receiving written notice thereof, may be
assessed for such costs or may have alien place against the Owner's Lot by the Association to
secure repayment of the costs.
ARTICLE VIII — MISCELLANEOUS
Section 1. Aggregation or Division of Lots.
There shall be no further division of any Lot. An Owner may aggregate two Lots so long as the
Owner obtains prior written approval of Board and City of Laurel for the aggregation and files,
at the Owner's expense, any necessary amended plat or other documentation as required by City
of Laurel to aggregate the Lots. Once aggregated, the Lots shall be treated as a single family Lot
such that only one main residence and one accessory building may be constructed on the Lot,
however, the Association may still collect assessments for two Lots.
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C� Section 2. Proposed Stormwater Pond
The Owner of a Lot shall at all times conduct its use and activities in a manner that will preserve
the integrity of the proposed channels within the Utility Lot and overflow channel easement,
including, but not limited to, the prevention of any degradation of water quality, any reduction or
increase in the flow of said proposed channel, any damage to the channel or proposed stormwater
pond. The Owner shall not conduct or permit — the discharge of any liquid, solid, gas or refuse of
any kind into the proposed channel or stormwater pond. The Board shall adopt rules and
regulations for the use of the proposed stormwater pond, such that the proposed stormwater pond
may only be used in a manner consistent with said rules and regulations. The stormwater
retention pond shall only be used for its intended functional purpose.
Section 3. Rental of Residences.
Should an Owner rent the Owner's residence to any third parry, the Owner shall provide the
tenant a copy of these Covenants and any rules and regulations adopted by the Board, and said
Tenant shall comply with the terms of these Covenants and all rules and regulations. The Owner
shall be responsible for the tenant's compliance with the terms of these Covenants and all rules
and regulations and shall be liable for the tenant's violation of the terms of these Covenants and
any rule or regulation, and fines or damages related to the tenant's violation.
Section 4. Nuisance.
t
No Owner, guest or invitee may use or occupy a Lot in such a manner as to disturb or interfere
with the peaceful use, occupancy or enjoyment of any other Owner, guest or invitee of the
Subdivision. Violations shall be enforced by the Board as provided for in these Covenants,
including, but not limited to the levying of a fine and seeking compensation from such Owner,
guest or invitee.
LI
Section 5. Home Occupations.
Home occupations or professions may be conducted upon the Lot or within the residence by the
Owner or occupant of the residence, provided that there are no employees on the premises, and
there is no advertising of any product, work for sale, or service provided to the public upon such
Lot or in the residence. No advertising or directory signs relating to the home occupation shall
be allowed. No child care centers shall be allowed. All such home occupations or professions
must comply with the requirements of the City of Laurel regarding such activities, and all
required licenses must be obtained prior to commencing such activities.
ARTICLE IX — COUNTY REQUIRE COVENANTS
The Covenants included in this Article may not be repealed or amended without prior written
consent of the City of Laurel.
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n ARTICLE X - TERM. ENFORCEMENT, APPLICABILITY AND CHANGE
Section 1. Binding Effect and Amendment.
The provisions of these Covenants shall be continuous and binding unless terminated. For an
initial term of twenty-five (25) years from the date of these Covenants, or until 85% of the
Lots in the Subdivision have been sold, these Covenants may be modified, altered or amended
only with the Declarant's consent. After the initial twenty-five (25) year period, or after 85%
of the Lots in the Subdivision have been sold, whichever first occurs, the provisions of these
Covenants may be changed or amended or additional Covenants added, in whole or in part,
upon approval of 75% of the votes of the Members of the Association at a meeting duly
noticed and called for that purpose.
Any covenant required as a condition of the approval of the Subdivision shall not be altered or
amended without the agreement of City of Laurel. Any change of these Covenants shall be
effective upon the filing and recording of such an instrument in the office of the Yellowstone
County Clerk and Recorder. The President or Vice -President shall execute and record the
amendment, change or addition with the Clerk and Recorder of Yellowstone County,
Montana. Any change in these Covenants shall not affect existing Improvements and uses of
the Lots.
Section 2. Enforcement.
r
Enforcement of these Covenants shall be by proceedings either at law or in equity against any
person or persons, Owner or Owners, violating, or attempting to violate, any Covenant and any
such legal proceedings may be to restrain violation of these Covenants, to recover damages,
or both. Furthermore, the City of Laurel may be party to and be able to, if it so elects, enforce
any provisions in these Covenants that pertains to the maintenance of Utility Lot, the control of
storm water and the maintenance of streets.
Should any lawsuit or other legal proceeding be instituted by the Association, an Owner, City
of Laurel, or Yellowstone County against any person or Lot Owner alleged to have violated
one or more of the provisions of these Covenants, the prevailing party shall be entitled to
recover the costs of such proceeding, including reasonable attorney's fees associated with the
action, as may be ordered by the court.
Section 3. Non -waiver.
The failure of Declarant, the Association, an Owner, City of Laurel, or Yellowstone County to
enforce any Covenant or restriction contained herein shall not be deemed a waiver, or in any
way prejudice the rights to later enforce that Covenant, or any, other Covenant thereafter, or to
collect damages for any subsequent breach of Covenants.
The waiver of, or approval of a variance of a Covenant provision by the Board of Directors, or
non -action of the Association or Declarant in the event of a violation of a Covenant by a
27
C
particular Owner or Lot, shall not be deemed to delete or waive the Covenant or enforcement
thereof as it pertains to other Owners or Lots.
Section 4.
Every Owner by paying assessments related thereto shall be responsible for and share in the cost
of maintaining the Utility lot, proposed channels, and proposed stormwater pond and any
assessments related thereto.
Section 5. Invalidation of any one of these Covenants by statute, judgment or by Court
order shall in no way affect any of the other Covenants or provisions, all of which shall
remain in full force and effect.
Section 6. In any conveyance of the above described Property or of any Lot thereon, it
shall be sufficient to insert a provision in any deed or conveyance to the effect that the
Property or Lot is subject to protective or restrictive Covenants without setting forth such
restrictions and Covenants verbatim or in substance in said deed nor referring to the recording
data. All of the above described Property and Lots shall be subject to the restrictions and
Covenants set forth herein, whether or not there is a specific reference to the same in a deed
or conveyance.
28
IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this _ day of
' 20_
DECLARANT:
Western Holdings Company, LLC
STATE OF MONTANA
ss
County of Yellowstone
go
Its:
On this day of , 20_, before me, a Notary Public for the
State of Montana, personally appeared (name) , known to me to be the
person whose name is subscribed to the above instrument and acknowledged to me that they
he/she is the (capacity) of Western Holdings Company, LLC and executed
the same.
Notary Public for the State of
Printed Name
Affix seal to the left
9
EXHIBIT A
See the attached legal description
30
RETURN AFTER RECORDING:
(71 Western Holdings Company, LLC
PO Box 51330
Billings, MT 59105
BYLAWS FOR
CHERRY HILLS SUBDIVISION - 3RD FILING OWNERS'
ASSOCIATION, INC.
1. PURPOSE AND APPLICATION
These Bylaws are and shall be the Bylaws for the Cherry Hills Subdivision — 3rd Filing
Owners' Association Owners' Association, Inc.
These Bylaws shall govern and control the administration of the Cherry Hills Subdivision
— 3rd Filing Owners' Association, Inc. ("Association"). All Members in the Association, their
guests, invitees, lessees and/or sublessees present and future shall be subject to the provisions of
these Bylaws along with the provisions of the Declaration of Protective Covenants, Conditions
and Restrictions for Cherry Hills Subdivision — 3rd Filing Owners' Association ("Covenants"),
incorporated in its entirety by reference herein.
The acquisition of an ownership interest in a Lot in the Cherry Hills Subdivision — 3rd Filing
("Subdivision") signifies that the Owner ("Owner") accepts, ratifies and agrees to comply with
these Bylaws.
R
Persons owning a Lot in the Subdivision ("Lot") or owning a Lot in the Subdivision in
any real estate tenancy relationship recognized by the State of Montana, including, but not
limited to, contract purchasers, shall be Members of the Association ("Member"). The legal title
retained by the Seller under a contract for deed shall not qualify such Seller as a Member. In the
event of ownership by more than one person or entity, the Owners shall designate one penton or
entity to be the agent for receiving notices hereunder, and for the purpose of voting. Each Owner
shall be responsible for advising the Association, in writing, of their current address and the
person designated to vote.
Membership in the Association begins concurrently with the acquisition of an ownership
interest in a Lot and terminates at the time such ownership interest is terminated, but such
termination shall not relieve any Owner of liability for obligations incurred while a Member of
the Association. No Member shall be expelled, nor shall any Member be permitted to withdraw
or resign while possessing an ownership interest in a Lot. Membership in the Association does
not, in any way, negate or impair any Member's legal remedies, right to bring legal action, or
defenses to any and all actions involving the Association, or the Management which may arise
from or be incident to ownership.
3. OBLIGATIONS
Each Member shall be obligated to comply with these Bylaws, the Covenants, and the
laws of the City of Laurel, County of Yellowstone, and State of Montana. Such obligation shall
include, but not be limited to, the paying of assessments to the Association. Failure of any
Member to abide by these Bylaws and all rules made pursuant thereto, the Covenants, and the
laws of the City of Laure, County of Yellowstone, and the State of Montana, shall be grounds for
appropriate legal action by the Association or by an aggrieved Member against such non-
complying Member.
4. MEETINGS AND VOTING
A. Regular Meetings: There shall be a regular meeting of the Association annually on such
date as determined by the Board of Directors of the Association ("Board") and properly
announced by the Board. Any first lienholder shall have the right to have a representative attend
any regular meeting and shall be given notice thereof, provided that such lienholder requests
notice to be given. The first meeting of the Association shall take place not more than one year
following the date of signing these Bylaws, if not sooner held.
B. Special Meetings: Pursuant to these Bylaws, the Association may, at any time, hold
special meetings, notice of which must be sent to first lienholders who so request notice, who
shall have the right to have a representative attend. Such special meetings may be called on the
initiative of the President of the Association, or a signed request of the Manager, or a petition
signed by 25% of the total votes of the Members of the Association. Notice of any special
meetings must specify the reason for such meeting and the matters to be raised. Only matters set
forth in the petition or request may be brought before such meeting, unless 75% of the aggregate
votes present agree otherwise.
C. Notice: Written or printed stating the place, day, and hour of the meeting, and, in case of
a special meeting, the purpose or purposes for which the meeting is called shall be delivered
�i personally, by mail or electronically. Said notices shall be personally delivered, mailed or
delivered electronically to each Member of record entitled to vote at such meeting at least ten
(10) days prior to the date of the meeting and not more than sixty (60) days prior to the date of
the meeting. Such notices shall make provision to allow for the voting of each Member's
interest by proxy at the discretion of the Member. If mailed, such notice shall be deemed to be
delivered when deposited in the United States mail, addressed to the Member at his, her or its
address as it appears on the books of the Association, with postage thereon prepaid. If delivered
electronically, such notice shall be deemed to be delivered upon the Association's transmittal of
the electronic communication to the Member at the authenticated electronic identification
designated by the Member for such communications. The Members shall -have the responsibility
of keeping the Association notified of their current mailing and electronic mail addresses. In the
absence of such notice, the Member's address shall be the address of record with the
Yellowstone County Assessor's Office.
D.Quorum: No Association meeting, regular or special shall be convened to conduct
business unless a quorum of Members is present in person or by proxy. A quorum shall consist
of at least fifty percent (50%) of the total votes of the Members. At any time, during any
meeting that a quorum is not present, such meeting shall be adjourned forthwith; provided,
however, that in the event a quorum cannot be established for a properly notice meeting, then the
Board may postpone the meeting to a date no more than thirty (30) days later. In the event that
the meeting is postponed in accordance with the preceding sentence, a quorum for the second
meeting shall consist of at least forty percent (40%) of the total votes of the Members.
E. Directors Meetine: The Board of Directors shall have an annual meeting to elect officers
and to take care of such annual business as preparing a budget and other matters. The President
or a majority of the Board may call a special meeting of the Board at any time upon seven days
written or printed notice. Notice of any meeting may be waived in writing. The Board of
Directors shall act by a majority vote.
F. Telephonic Participation: So long as the Association has 50 or fewer Members, Members
may participate in a meeting of the Members by means of a conference telephone call or similar
communications equipment through which all persons participating in the meeting can hear each
other at the same time. Participation in this manner constitutes presence in person at a meeting.
5. VOTING INTEREST, PROXY
An Owner shall have one (1) vote for each Lot owned in the Subdivision. Multiple
Owners of a Lot will collectively have only one vote, and shall decide amongst themselves how
to vote. If more than one Lot is owned within the Subdivision, the Owner or Owners thereof
would have one vote for each separate Lot. In no event shall more than one vote be cast with
respect to any Lot. Pursuant to the Covenants, voting privileges may be suspended by the Board
for failure to pay assessments when due. Whenever a quorum is present at a meeting of the
Association, those present may do any and all acts they are empowered to do unless specific
provision of these Bylaws, the Covenants, or the laws of the State of Montana direct otherwise.
C
At all meetings of Members, each Member may vote in person or by proxy. All proxies
shall be in writing and filed with the Secretary of the Association before the appointed time of
each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by
the Member of the Member's Lot, or upon receipt of written notice by the secretary of the
Association of the death or judicially declared incompetence of a Member, or upon the expiration
of eleven (11) months from the date of the proxy. The proxy shall identify the person or persons
authorized to exercise the proxy and the length of time it will be valid. If the Member specifies a
choice of his or her proxy, the vote shall be cast in accordance with that choice. In addition,
voting by proxy shall comply with any other applicable requirements of the Montana Code
Annotated § 35-2-539.
6. BOARD OF DIRECTORS
The governance of the Subdivision shall be by a Board of Directors. Such Board shall
have all powers and responsibilities attendant to the general administration and control of the
Subdivision. Additionally, the Board shall have the authority necessary to carry into effect the
powers and duties specified by these Bylaws. The Association shall have no less than three (3)
directors ("Directors") who shall constitute the Board of Directors as the governing body of the
Association. The number of Directors may be increased or decreased, but not to fewer than three
(3) Directors, from time to time, as determined by the Members of the Association.
Upon the expiration of the term of the Initial Directors (hereinafter defined), the election of the
Board shall be conducted at the annual meeting of the Association with three (3) Directors being
elected from among the Members, with two (2) Directors elected to terms of two (2) years, and
one (1) Director elected to a one (I) year term. Unless otherwise provided herein, a Director
must be a Member in good standing. At such election, the Members or their proxies may cast
their vote(s) for each vacancy. The persons receiving the largest number of votes shall be elected.
There shall be no cumulative voting. Voting for Directors or their removal may be by secret
written ballot. After the expiration of the term of the Initial Directors, any vacancy in the Board
shall be filled by the remaining Board at a duly held meeting or by the sole remaining director;
provided, however, a vacancy created by the removal of a director by the Members can only be
filled by election by the Members. A successor Director shall serve for the unexpired term of his
or her predecessor.
The initial Directors shall be appointed by the Declarant and need not be Members (the
"Initial Directors"). Each Initial Director shall serve until the earlier of the time when (1)
Declarant no longer owns any Lots in the Subdivision or (ii) Declarant voluntarily relinquishes
its rights to appoint Initial Directors. Until the earlier of the time when (i) Declarant no longer
owns any Lots in the Subdivision or (ii) Declarant voluntarily relinquishes its rights to appoint
Initial Directors, the Declarant, in its sole and absolute discretion, shall be entitled to fill by
appointment any vacancy in the Initial Directors or to remove any Initial Director.
Notwithstanding any other provision of these Bylaws to the contrary, the Members shall have no
power to remove the Initial Directors nor to appoint any additional or successor Director until the
4
earlier of the time when (i) Declarant no longer owns any Lots in the Subdivision or (ii)
Declarant voluntarily relinquishes its rights to appoint Initial Directors.
The Association shall indemnify any present or former Director or officer of the
Association to the fullest extent authorized under Montana Code Annotated §§ 35-2-447 and
352-452, or any successor statutes.
7. OFFICERS OF THE BOARD OF DIRECTORS
The officers of the Association shall be a President, Secretary and Treasurer, each of
whom shall be appointed by the Board. Such other officers and assistant officers as may be
deemed necessary may be appointed by the Board. Each officer shall hold office until the earlier
of the officer's successor being duly appointed, or his death, resignation or removal. Any officer
or agent appointed by the Board may be removed by the Board whenever in their judgment the
best interests of the Association would be served thereby. Any officer may resign at any time by
giving written notice to the Board. Such resignation shall take effect at the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective. A vacancy in any
office may be filled by the Board. The officer appointed to such vacancy shall serve the
remainder of the term of the officer he or she replaces.
A. President: The President shall be the principal executive officer of the
Association, and, subject to the control of the Board, shall in general supervise and control all the
business and affairs of the Association, including the filing of liens for unpaid assessments in
accordance with the Covenants and the enforcement activities of the Association. The President,
when present, shall preside at all meetings of the Association and meetings of the Board. The
President may sign, with the Secretary or any other proper officer of the Association authorized
by the Board, any deeds, mortgages, bonds, contracts, or other instruments which the Board has
authorized to be executed, except in cases where the signing and execution thereof shall be
expressly delegated by the Board or by the Covenants to some other officer or agent of the
Association, or shall be required by law to be otherwise signed or executed, and in general shall
perform all duties incident to the office of President and such other duties as may be prescribed
by the Board from time to time.
B. Secretary: The Secretary shall keep the minutes of the Board meetings in one or more
books provided for that purpose, see that all notices are duly given in accordance with
the provisions of the Covenants and these Bylaws, be custodian of the Association
records, regulations, rules and resolutions and keep a register or the post office address of
each Director which shall be furnished to the Secretary by each Director, and in general
perform all duties incident to the office of Secretary and such other duties as from time to
time may be assigned to him or her by the Board or by the Association.
C. Treasurer: The Treasurer shall be responsible for the funds of the Association and shall
be responsible for keeping and having kept full and accurate financial records and books
of account showing all receipts and disbursements of the Association and any other
financial data required by the Board. He or she shall be responsible for the deposit of all
funds in the name of the Association in such depositories as may be designated by the
Board from time to time. The Treasurer shall be responsible for the collection of periodic
assessments to be collected. Further, the Treasurer shall record the assessments due and
paid and shall prepare quarterly reports reflecting the Association's assets, including the
assessments due and paid and shall mail or otherwise provide a copy of the quarterly
reports to each Director. In general, the Treasurer shall perform all of the duties incident
to the office of Treasurer and such other duties as from time to time may be assigned to
him or her by the Board or by the
Association. The Board may delegate such of the Treasurer's powers and duties to a manager as
it deems advisable.
g. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and duties:
A. To call annual meetings of the Association and give due notice thereof.
B. To conduct elections of the Board.
C. To enforce the provisions of the Articles of Incorporation, the Bylaws, and the Covenants
of the Subdivision by appropriate action.
D. To promulgate and adopt rules and regulations for the use of the Utility Lot and for the
occupancy of the Lots so as to not interfere with the peace and quiet of all the Members.
Such rules must be approved by fifty-one percent (51 %) of the total votes of the
Members, voting in person or by proxy, at any regular or special meeting of the
Association.
E. The Board may provide for the management of the Subdivision by hiring or contracting
with suitable and capable management personnel ("Manager") for the day -today
operation, maintenance, upkeep and repair of the Subdivision and its' facilities, open
space, and utilities.
F. To levy assessments as allowed by the Covenants, these Bylaws, and the State of
Montana, and to provide for the collection, expenditure, and accounting of said
assessments.
G. To collect the assessments for the Association for the operation, maintenance, repair,
utilities and insurance related to the Utility Lot within the Subdivision.
H. To pay for the expenses of the operation, maintenance, improvement, repair, and
insurance related to easements, common areas, Utility Lot, mail boxes, community signs
or identification, and community boulevard trees and landscaping within the Subdivision,
general maintenance, management and administration of common areas, Utility Lot, and,
taxes for open space, and weed control in the Utility Lot or common areas, and for any
other purposes, expressed or implied, in the Covenants and to approve payment vouchers,
either at regular or special meetings.
I. To delegate authority to the Manager for the conduct of Subdivision business, to carry
out the duties and powers of the Board; however, such authority shall be precisely
defined with ultimate authority at all times residing in the Board of Directors.
J. To provide a means of hearing grievances and foreclosure proceedings of Members and
to observe all due process requirements imposed upon the Association and non-profit
corporations.
K. To meet at regularly scheduled times and hold such meetings open to all Members or said
Member's representative.
L. To prepare an annual budget for the Subdivision in order to determine the amount of the
assessments payable by Members, to meet the expenses, and to allocate and assess
such charges among the Members for their pro -rata share of the budget each year, and to
submit such budget to the Members on or before the date of the annual meeting.
M. To levy and collect special assessments whenever, in the opinion of the Board, it is
necessary to do so in order to meet increases in expenses or costs related to the operation,
maintenance, and repair of the Subdivision, or related to additional capital expenses or
emergencies expenses.
N. To file liens and to foreclose liens and to otherwise take appropriate legal action to
collect any delinquent assessments, payments of amounts due from Members or from any
person or persons owing money to the Subdivision, and to levy a penalty and to charge
interest up to the legal rate on unpaid amounts due and owing.
O. To defend in the name of the Association any and all lawsuits wherein the the
Subdivision is a party defendant.
P. To enter into contracts with third parties to carry out the duties set forth, for and on behalf
of the Board and the Association.
Q. To establish a bank account for the Subdivision and to keep therein all funds of the
Association. Withdrawal of monies from such accounts shall only be by checks signed
by such persons as are authorized by the Board of Directors.
R. In general, to act for and carry on the administration and affairs of the Association as
authorized and prescribed by the Covenants and to do all those things which are
7
necessary and reasonable in order to cavy out the governance and operation of the
Subdivision.
S. To arrange, keep, maintain, and renew adequate liability insurance for the Association
and the Board.
T. To carry out the duties and responsibilities of the Board in all other matters as may be
authorized, needed or required by the Covenants.
U. To allow first lienholders to inspect Association and Board records upon proper notice
and during reasonable business hours.
V. To serve as the Design Review Committee of the Association or to appoint Members to
such Committee and to carry out the duties thereof as described in the Covenants.
9. VACANCIES AND REMOVAL
After the expiration of the term of the Initial Directors, any vacancy in the Board shall be
filled by the remaining Board at a duly held meeting or by the sole remaining director; provided,
however, a vacancy created by the removal of a Director by the Members by a majority vote can
only be filled by election by the Members. A successor Director shall serve for the unexpired
term of his or her predecessor. Voting for Directors or their removal may be by secret written
ballot.
10. COMPENSATION
No member of the Board of Directors shall receive any compensation for acting as such,
except to be reimbursed for approved expenses incurred in attending Board meetings or carrying
out Board functions. Nothing herein however, shall be construed to preclude compensation
being paid to any Manager who is hired by the Board.
11. LIABILITY OF MEMBERS OF BOARD OF DIRECTORS
No Member 6f the Board shall be liable to the Association or any of the Members or any
third party for harm, injury, loss or damage suffered because of any action taken or omitted to be
taken by any Board of Director serving as a Director in good faith if the Board of Director:
A. exercised and used the same degree of care and skill as a prudent man or woman would
have exercised or used under the circumstances in the conduct of his own affairs; or
B. took or did not take action in reliance upon advise of counsel or upon statements or
information of other Members, the Manager or employees of the Association which he or
she has reasonable grounds to believe.
12. MANAGEMENT AND BUDGET
A Manager may be appointed and/or removed by the Board of Directors. The Manager
or any Member of the Board or Association handling Association funds or having power to
withdraw or spend such funds shall be bonded, and shall have maintained records of the financial
affairs of the Subdivision. Such records shall also detail all assessments made by the Association
and the status of payments of said assessments by all Members. All records shall be available for
examination during normal business hours by any Member or the Member's representative. All
functions and duties herein provided for the Manager may be performed by the Board, or the
President, if the Board should decide not to have a Manager.
A. The receipts and expenditures of the Association shall be under the direction of the Board
or the Manager and shall include a provision for:
Current Expenses: Which shall include all receipts and expenditures to be
made within the year for which the budget is made, including a reasonable
allowance for contingencies and working funds, except expenditures
chargeable to reserve or to betterments. The balance in this fund at the
end of each year shall be applied to reduce the assessments for current
expenses for the succeeding year.
2. Reserve for Deferred Maintenance: Which shall include funds for
maintenance and items which occur less frequently than annually.
Reserve for Replacement: Which shall include funds for repair or
replacement required because of damage, depreciation or obsolescence.
4. Betterments: Which shall include the funds to be used for capital
expenditures for additional improvements or additional personal property
which shall be a part of the common elements of Subdivision.
B. The Manager, if any, shall prepare and submit to the Board a budget, or the Board must
prepare the budget each calendar year. The budget shall include the estimated funds required to
carry out the functions of the Association, including a reserve for contingencies, to pay for
services and materials furnished to the Association, and to provide and maintain funds for the
foregoing accounts according to good accounting practices.
Copies of the budget and proposed assessments shall be transmitted to each Member on
or before the date of the annual meeting of the Association preceding the year for which the
budget is made. If the budget is subsequently amended, a copy of the amended budget shall be
fumished to each Member. The budget shall be amended if necessary and approved by a
majority of the total votes of the Members voting in person or by proxy at the annual meeting.
C. A financial report of the accounts of the Association shall be made annually by an
accountant, and a copy of the report shall be furnished to each Member at the annual meeting.
The Board or the Manager shall generally operate and manage the Subdivision for and on
behalf of the Members and shall have such other powers and authority as the Members may
designate. If there is no Manager or if the Manager resigns, is terminated or the Manager's
contract expires and a successor is not chosen, the Board shall perform all the duties of the
Manager until a Manager shall be replaced.
13. AMENDMENT OF BYLAWS
These Bylaws may be amended at any regular or special meeting of the Association
providing that a copy of the proposed amendment is included in the notice of such meeting.
Upon a vote of seventy-five (75%) of the votes of Members present and voting in person or by
proxy at such meeting, based on one vote per Lot, the amendment shall be declared adopted.
The Bylaws may also be amended by the execution and acknowledgment of such amendment by
seventy-five (75%) of the total votes, based on one vote per Lot.
The Secretary shall as soon as practicable after adoption, prepare a copy of these Bylaws
as amended for certification by the President and Secretary of the Association and recording with
the Office of the Clerk and Recorder of Yellowstone County. Bylaws as amended shall become
effective at the time of recording, and a copy shall be mailed or delivered to each Member.
14.
The Association, acting through the Board of Directors, shall have the power to levy
assessments on its Members for capital and operating expenses. The assessments levied by the
Association shall be used exclusively to promote health, safety and welfare of the residents of the
Subdivision, including, but not limited to, the maintenance of the common areas, open space,
utility lines, and common area landscaping, property liability insurance, Association employees'
wages, mailing costs and other related expenses incurred on behalf of the Association as further
described hereafter. In addition, assessments may be levied for any necessary capital
improvements. Notice of each Member's assessments shall be mailed to said Member at the
Member's address of record. The assessments shall be levied consistent with the Covenants.
15. NOTICE OF DEFAULT TO LIENHOLDERS
A first lienholder, upon request, will be entitled to written notification from the
Association of any default in the performance by an individual Member borrower of any
obligation under the Covenants or these Bylaws that is not cured within sixty (60) days.
16. FISCAL YEAR
10
The fiscal year of the Association shall commence on January 1 of each year and end on
December 31 of each year, unless changed by the Board of Directors.
17. DUE PROCESS BY THE ASSOCIATION
In the event there shall be a default, except in the payment of assessments, by a Member
or a violation of any of the provisions of of the Covenants or these Bylaws, or non-compliance,
notice of the same shall be sent to the Member in writing by the Board of Directors setting forth
the nature of the violation or non-compliance and providing for a time certain when the Member
shall be confronted by the Board to respond. At such hearing the Member shall be confronted by
the person or persons bringing the charges if they are individuals other than the Board of
Directors; the Member shall have an opportunity to cross-examine such individuals and present
his or her own witnesses, exhibits or testimony in his or her own behalf. At such hearing, if the
Member desires, he or she may request an impartial hearing examiner to be present and conduct
the proceedings. Following such a hearing, the Board shall enter its findings of fact following the
recommendations of any examiner, if any, and setting forth its decision and any actions it deems
appropriate if it finds in fact that a violation or default has occurred.
18. MISCELLANEOUS
A. Costs and Attorney's Fees: In any proceeding arising because of an alleged default by a
Member, the prevailing party shall be entitled to recover the costs of the proceedings and
such reasonable attorney's fees as may be determined by the Court.
B. No Waiver of Rights: The failure of the Association or of a Member to enforce any right,
provision, covenant or condition which may be granted by the Subdivision documents,
including, but not limited to, the Covenants and these Bylaw, shall not constitute a waiver
of the right of the Association or Member to enforce such right, provision, covenant or
condition in the future.
C. Election of Remedies: All rights, remedies and privileges granted to the
Association or a Member pursuant to any term, provision, covenant or condition of the
Subdivision documents, including, but not limited to, the Covenants and these Bylaw shall be
deemed cumulative and the exercise of any one or more shall not be deemed to constitute an
election of remedies nor shall it preclude the party thus exercising the same from exercising such
other and additional rights, remedies or privileges as may be granted to such other party by the
subdivision documents, or at law or in equity.
D. Surplus: Any surplus of the common expense payment by the Members over the
actual expenses (including the reserve for contingencies and replacements) during a fiscal year of
the Association shall be applied toward the common expenses for the following year, or shall be
applied in any other manner which shall benefit the Association and which, on the basis of the
United States Federal Income Tax Law, regulations and interpretations existing from time to
time, in the sole discretion of the Board, is most likely to avoid taxation of such surplus.
11
C
1 E. Parliamentary Rules: Roberts Rules of Order (latest edition) shall govern the conduct of
the Association's meetings when not in conflict with the Articles of Incorporation, the
Covenants, or these Bylaws.
F. Invalidity: The invalidity of any part of these Bylaws shall not impair of affect in any
manner the validity, enforceability or effect of the balance hereof, nor shall it affect the
validity, enforceability, or effect of the Covenants.
19. THE COVENANTS
The Declarant has recorded the Declaration of Covenants, Conditions and Restrictions of
the Cherry Hills Subdivision — 3rd Filing. These Covenants shall govern the acts, powers, duties
and responsibilities of the Association and in the event these Bylaws and Covenants are in
conflict, the Covenants shall prevail.
The definition of terms set forth in the Covenants shall be applicable throughout these
Bylaws and the interpretation thereof.
By virtue of these Bylaws and the Covenants, each Owner has the right to membership in
the Association and any Owner is eligible to be elected to the Board of Directors of the
Association.
The Association and its Board of Directors shall have the primary and final authority on
all matters solely affecting the Subdivision area, subject to the laws, rules and regulations of the
County of Yellowstone, and the State of Montana.
IN WITNESS WHEREOF, authorized representatives of, the owner of
record of Chevy Hills Subdivision — 3rd Filing and having a majority of the voting interest of the
said Subdivision as of the date hereof, hereby appoints the following persons to serve on the
initial Board of Directors until the first meeting of the Association, to -wit:
President:
Secretary:
Treasurer:
and the undersigned record owner and the said Board hereby certify, declare and affirm the
adoption of the foregoing Bylaws on the • day of 2018.
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DECLARANT:
WESTERN HOLDINGS COMPANY, LLC
ITS:
STATE OF MONTANA
ss
County of Yellowstone
On this day of , 20_, before me, a Notary Public for the State of
Montana, personally appeared (name) , known to me to be the person whose
name is subscribed to the above instrument and acknowledged to me that they he/she is the
(capacity) of Western Holdings Company, LLC and executed the same.
Notary Public for the State of
Printed Name
Aix seal to the left
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