HomeMy WebLinkAboutWQ0031246_Renewal (Application)_20210324Initial Review
Reviewer Thornburg, Nathaniel
Is this submittal an application? (Excluding additional information.)*
r Yes r No
Permit Number (IR)* WQ0031246
Applicant/Permittee Riversound Property Owners' Association, Inc.
Applicant/Permittee Address P.O. Box 572 Edenton, NC 27932
Is the owner in BIMS? r Yes r No Is the facility in BIMS? r Yes r No
Owner Type Organization
Facility Name Riversound WWTP
County Chowan
Fee Category Major Fee Amount $0
Is this a complete
application?*
r Yes r No Complete App Date 03/24/2021
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review bythe hydrogeologist?* r Yes r No
Regional Office
CO Reviewer
Admin Reviewer
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Kendall
Comments for RO
Comments for Reviewer
Comments for Applicant
Submittal Form
Project Contact Information
Rease provide information on the person to be contacted by N B Staff
Name* Riversound WWTP
Email Address*
rmanning@envirolinkinc.com
electronic subnittal, confirmation of receipt, and other correspondence.
Project Information
........ ......... ..................................................................................................................................
Application/Document Type* r New (Fee Req ui red)
r Modification - Major (Fee Required)
r Renewal with Major Modification (Fee
Required)
r Annual Report
r Additional Information
r Other
Phone Number*
9843659155
O Modification - Minor
G Renewal
C GW-59, NDMR, NDMLR, NDAR-1,
NDAR-2
r Residual Annual Report
r Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:* r Wastewater Irrigation r High -Rate Infiltration
r Other Wastewater r Reclaimed Water
r Closed -Loop Recycle r Residuals
r Single -Family Residence Wastewater r Other
Irrigation
Permit Number:* WQ0013246
Fbs Current Existing permit number
Applicant/Permittee * Riversound Property Owners' Association, Inc.
Applicant/Permittee Address* P.O. Box572 Edenton, NC 27932
Facility Name * Riversound WWTP
Please provide comments/notes on your current submittal below.
PLEASE FIND ATTACHED THE COVER LETTER, PERMIT RENEWAL APPLICATION AND
ALL PERTINENT DOCUMENTS REQUIRED.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at nathaniel.thornburg@ncdenr.gov.
Please attach all information required or requested for this submittal to be reviewed here.*
(Application Form Engineering Rans, Specifications, Calculations, Bc.)
Riversound Permit Renewal Packet.pdf 1.52MB
Ulaload only 1 RDFdocurrent (less than 250 W). NLftiple documents nest be corrbined into one RDFfile unless file is larger than
upload limit.
* W By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order
and made payable to the North Carolina Department of Environmental Quality
(NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
liwilr1w Walwr,;F
Submission Date 3/24/2021
Riversound POA
C/O George Hill
PO Box 572
Edenton, NC 27932
March 22, 2021
NC Department of Environment and Natural Resources
Attn: PERCS Unit Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject:
Permit Renewal for WQ0013246
To whom it may concern:
Enclosed you will find documents related to the renewal for Riversound WWTP. Please feel
free to contact me at (252) 484-2086 with any comments or questions.
The following documents, one original and one copy are enclosed for your review and approval:
At this time, with only 2 homes we do not create sufficient waste to carry out the framework
work as stipulated in the permit therefore a sand channel was added to direct the water. We
do operate the system in manual in order to maintain the EQ Basin lowered. It is our
understanding this plan will work for up to 25 houses, at that point we would need to switch to
the normal operations of the wastewater treatment plant. The manufacturer of this system
will be on site March 23, 2021 to evaluate if the system can operate in auto in order to keep the
EQ basin down.
• Cover Letter
• Application
• Map
Sincerely,
George Hill
Riversound Property Owners Association, Inc.
DWR
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEM — RENEWAL
FORM: HRIS-R 02-21
Pursuant to 15A NCAC 02T .0107(1) , if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCA(: 021' .0700, and Division Policies. For more information, visit the Water Quality Permitting
Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to iittys:l/edoes.dea.nc.i!ovlf ormslN'onDischarge-Branch-StihInittal-
Form-Vert, or emailed to Non- Discharge.Renortgk.ncdenr.gov if less than 20 megabytes (MB).
1.
SECTION I — APPLICANT INFORMATION
Applicant: Riversound Property Owners Association, Inc.
2.
Permit No.: WQ0031246
3.
Signature authority: George Hill
Title: President
r4.
Mailing address: P.O. Box 572
City: Edenton
State: NC Zip: 27932-
5.
Contact person: Ed Kiley
Primary phone number: (919) 280-8664 Select
Email: edkiley03O3@gmaii.com
Secondary phone number: ( ) - Select
j SECTION II — FACILITY INFORMATION
1. Physical address: 185 Riversound Dr County: Chowan Parcel No.: 784500047776
City: Edenton State: NC Zip: 27932-
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: Longitude:-76.490038' Method: Address matching
36.4900380
SECTION III — FLOW INFORMATION
1.
Permitted flow: 64000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 64000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 0 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: NA % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: 0 % Stonnwater: 0 %
SECTION IV — BILLING INFORMATION
1. Billing address: P.O. Box 572
City: Edenton State: NC Zip: 27932-
2. Verify the Applicant does not have any overdue annual fees:
hit s:i: dattc. ov about divisionsWwater-resourccVwater-reso s- ermits.. c -e a munts
Pursuant to ISA_ NCAC 02T .0120(e), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: HRIS-R 02-21 Page 1 of 6
SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
i_ ORC: James Pittman Grade: WW4 Certification No.: 999085
Mailing address: 4700 Homewood Court, #108
City: Raleigh State: NC Zip: 27609-
Phone number: (252) 236-1487 Cell Email: jpittman@envirolinkinc.com
2. Back -Up ORC: Grade: Certification No.:
Mailing address:
City: State: Zip: -
Phone number: ( ) - Select Email:
SECTION VI — OPEN -ATMOSPHERE STRUCTURES
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude
Select
Select
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Select
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SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type Permit No. Relationship Type
Select
Select
Select
Select
Select
Select
Select
Select
SECTION VIII — MONITORING WELLS
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
MW 1
Inactive
Cross gradient
Inside Review Boundary
36.71731 °
-76.4932840
MW2
Inactive
Cross gradient
Inside Review Boundary
36.719370
-76.4928060
MW3
Inactive
Cross gradient
Inside Review Boundary
36.716990
-76.492655'
MW4
Inactive
Cross gradient
Inside Review Boundary
36.716440
-76.4924040
MW5
Inactive
Cross gradient
Inside Review Boundary
36.716100
-76.4922190
MW6
Inactive
Cross gradient
Inside Review Boundary
36.716290
-76.4920290
MW7
Inactive
Cross gradient
Inside Review Boundary
36.72603'
-76.4915390
MW8
Inactive
Cross gradient
Inside Review Boundary
36.727780
-76.4917450
MW9
Inactive
Cross gradient
Inside Review Boundary
36.72797'
-76.4917960
MW 10
Inactive
Cross gradient
Inside Review Boundary
36.728020
-76.491679'
MW11
Inactive
Cross gradient
Inside Review Boundary
36.76'
-76.4916790
FORM: HRIS-R 02-21 PLEASE SEE ADDITIONAL MWs Page 2 of 6
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SECTION IX -- INFILTRATION SITES
1. List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary.
Site County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude
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Total Acreage:
FORM: HRIS-R 02-21 Page 3 of 6
ATTACHMENT A — SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to 15A NQAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These
requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within the wastewater treatment, storage, and infiltration areas.
❑ Soil mapping units shown on all infiltration sites.
❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and infiltration sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108.
❑ Setbacks as required by I5A NCAC 02T .0706.
❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites.
® No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to I SA NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 021.0106fc) authorizing the signature authority to sign.
ATTACHMENT C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02'r .0I 14 .
® No — Skip Attachment C.
j ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I
Is the Applicant a Privately -Owned Public Utility?
® Yes — Pursuant to 15A_NCAC 02T .0115(a)(I), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
❑ No — Skip Attachment D.
I ATTACHMENT E — OPERATIONAL AGREEMENT I
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
® Yes (Home/Property Owners' Association) — Pursuant to I5A NCAC 02T .01 i 5fa (2l, submit an executed Qnsrational Agreement
[FORM: HOAl. Pursuant to 15A NCAC 02T .01 15(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .01 15a 2 , submit an executed Operational Agreement
(FORM: DEV). Pursuant to :15A NCAC 02T .01 15(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
❑ No — Skip Attachment E.
FORM: HRIS-R 02-21 Page 4 of 6
ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
❑ Yes — Proceed to the next question.
® No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to I5A NCAC 02T .0118W, prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
® No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0I I8Q, prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system?
® Yes — Skip Attachment G.
❑ No — Pursuant to )5A NCAC 02T .01 16(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system on property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
® Yes — Skip Attachment H.
❑ No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULES
Does the existing permit include any Compliance Schedules? (See Section 1 of the most recently issued permit)
® Yes — Submit documentation that the compliance schedules have been met.
❑ No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: HRIS-R 02-21 Page 5 of 6
ATTACHMENT K — INDUSTRIAL WASTEWATER
Does the wastewater composition in Section I1I, Item 5 include any industrial wastewater?
❑ Yes — Proceed to the next question.
® No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 022T .0704 h1. Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
® No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
ATTACHMENT L — SETBACK WAIVERS
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A_NCA(:02'r .0706(d), provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
® No — Skip Attachment L.
APPLICANT'S CERTIFICATION
1 '•
I, k ,, l I 1 , _ _ attest that this application
(Signature authority's name as noted in Section I, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete_ I further certify pursuant to 1 SA NCAC 02T .012[](h), that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0I06(b). An alternate person may be delegated as
the signing official if a letter is provided pursuant to 15A NCAC 02'r .0106(c). Pursuant to § 1143-215.6A and § ]43-215A 3, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class
2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: +ti2-1
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discha rt?e.11eportskmcden r_g(3v,
Laserfiche Upload:
lttt s:lledocs.dc .nc. avll• ormsfNoni)ischar e- Dranch-
Submittal-Form-Vert
FORM: HRIS-R 02-21 Page 6 of 6
Architectural Guidelines For:
yL
FIVER -SOUND
SECTION 1-GENERA1,
This document is intended to be of assistance in presenting buildings standards which the RiverSound
Property Owners Association Inc. and its Architectural Review Board deem appropriate to maintain and
enhance the value of all properties located in the RiverSound Subdivision. These guidelines
provide for the written approval of plans and specifications prior to making improvements on any
lot. These guidelines, as they may be revised from time to time, shall be applicable to all sale and
resale of lots within the Subdivision.
SECTION 2- DESIGN REVIEW PROCEDURES
The following is an outline of the procedures to be followed by owners when they submit their
plans and specifications for single family homes to the ARB. Four copies of all plans are to be
submitted to the RiverSound Architectural Review Board,
P.O. Box 572, Edenton, N.C. 27932.
A. All Plans and Specifications must be prepared by an individual who is a member in
good standingwiththe American Institute ofArchitects.
B. The Plans and Specifications must be'/4" scale architectural drawings depicting the following
minimum details:
1. Foundation Plan, Section details, floor plans ofall floors, elevation drawings of all
exterior walls, exterior color schedule with color chips, roof plan and site plan
showing location and orientation of buildings, mechanical equipment, walkways
and other improvements on the Lot, setback lines indicated and the location of
trees, driveways, and finishedgrades.
2. Other details as the ARB may reasonably require.
SECTION 3- SITE PREPARATION GUIDELINES
All clearing of lots, tree removal, use of fill material and final grading shall be done in compliance
with existing county, state and federal regulations affecting wetlands, where applicable.
SECTION 4- ARCHITECTURAL GUIDELINES
A. Windows
1. All doors andwindows should have as a minimum 4inches ofexteriorwood or masonry
trim.
2. Only wood, vinyl clad aluminum orvinyl clad wood windows are permitted. (No
builder grade aluminum windows will bepermitted.)
3. No aluminum exterior window trim bepermitted.
B. Permitted Exterior Materials
1. Inno event may the following be visible as an exterior material:
a. vinyl; exceptasvinylcladwindowsorasvinylsoffits;
b. aluminum, except as soffit material
C. cement orconcrete block
d. concrete
e. tabby; except for oyster shell tabby on gray mortar.
2
2. The use of stucco is limited to authentic masonry stucco. No synthetic stucco is
permitted.
C. FrontEntrance
1. There is a maximum rise on any single run ofstairs on the front ofthe house of six (6)
feet and a minimum stair width of five(S) feet.
D. Minimum Home Square Footage
1. All single level homes inPhase I must have a minimum of 1800 square feet of heated and
cooled living area, and 2200 square feet for two level homes pursuant to Phase I
covenants. Single level homes in Phase II must have a minimum of 1200 square feet
pursuant to the Phase II covenants. The Phase II covenants do not specify any
minimum requirements for two level homes but any Phase II plans submitted to the
ARB will be reviewed to assure that the intended construction is compatible with and
complimentary to Phase I and to assure neat and attractive development bearing some
relation to "Carolina Coastal" or "Rural Coastal" or "old Edenton" designed
development, as specified in the Phase IIcovenants.
E. Exterior Columns
1. All exterior columns should be turned columns, architectural grade columns, or
minimum 6 x 6 posts trimmed at both top and bottom.
F. Porches
1. All porches which are visible from the street should have a minimum depth ofseven (7)
feet and a minimum area of seventy (70) square feet.
G. Exterior Home Colors
1. Though no colors arc specifically prohibited, thepredominant exteriorhome colors
should be of lighter tones. No overly bright colors permitted.
H. Roof Material
1. The Architectural Review Board should be consulted for a list of pre- approved roof
material colors. However, specifically not permitted are white colored asphalt shingles.
Metal roofs are permitted with prior approval from the Architectural Review Board.
2. All asphalt shingles must be architectural grade shingles.
I. Roof Pitch
1. All roofs, not including porch roofs, must have a minimum pitch of 6and
12
2. Porch roofs must have a minimum pitch of 3 and 12.
J. Chimney Caps
1. Architectural grade chimney termination caps required.
K. Use of Lattice
1. If visible from the street, lattice may only be used as decorative infill panels and not
as the only decorative feature between home piers.
2. Lattice may not exceed 64 square feet per run and lattice should be
continually broken up with masonry or stucco piers or walls.
L. Garages
1. Two carenclosed garage required.
2. Detached garages or garages locatedunderhouse structure are allowed.
3. Side entry garages are preferred where lot configuration permits. However, garage
doors facing the street willbe allowed provided they are a minimum of 20 feet behind the
front elevation of the house.
3
4. Single car garage doors are preferred over double width garage doors.
M. Driveways
1. Driveways shouldnotbewiderthan 18 feet.
2. A minimum of two (2) off-street parking spaces should be provided.
3. Allpermitted driveways mustbeofthe following materials:
a. asphalt or concrete for Phase I driveways
b. gravel, stone bonded shell or asphalt or concrete for Phase II
driveways
4. In no event will dirt or pine straw be considered a finished driveway.
N. Storage
1. No storage of boats, trailers, RVs, etc.will be allowed which would be visible from the
street.
0. Fences
1. All fences shall be architecturally compatible with the design of the residence
and must be approved in advance by the Architectural Review Board. No chain
link fences will be permitted. No wall or fence shall exceed six (6') feet in height.
No wall or fence will be permitted between the street andthe front elevation of a
residence.
P. Setbacks
1. Setlacks are as follows:
a. Front right of way Twenty -Five (25') feet
b. Front setback at cul-de-sac Thirty (30')feet
c. Rear setback Forty (40') feet
d. Shoreline setback Seventy -Five (75')feet
e. Side setback Fifteen (15') feet
f. Corner/Side setback Forty (40') feet
2. Setbacks apply to all buildings including decks, porches accessory buildings, etc.
Q. Mechanical Equipment Stands
1. Mechanical equipment stands must be screened by lattice or walls of wood or
masonry construction similar to the house and with appropriate landscape.
R. Mailboxes
1. MustmeetUS Post Office requirements. No colors are specifically prohibited; colors
should be of lighter tones or standard black.
S. Docks onPonds Within RiverSound
I. Docks/piers are not allowed on the manmade pond adjoining lots213-217.A small
dock/pier may bebuilton the manmade pond adjoining lots 171-175
&: 177-183.Dock/pier forthepond adjoining 171-175&: 177-183 mustmeetthe following
criteria:
a. Maximum 6feet width for walkway & nomore than 150sq.ft. total for a
platform
b. Extend no further than 5feet from the highwater mark at full pond
c. Fixeddock/piers only, nofloating docks allowed
T. Miscellaneous
4
1. No exterior TV,shortwave, radio,antennas, etc. willbe permitted ifvisiblefromthe street.
2. No clothes lines will be permitted.
U. Outbuildings
1. Any out buildings must be approved for all lots.
V. Pools
1. All pools must be approved in advance by the Architectural Review Board. No above
ground pools will be permitted. Pools shall be partofan integrated landscape and hard surface
scenery and no pools permitted in front ofyards.
W. Signage
1. No sign, advertisement or notice of any type or nature whatsoever shall be erected or
displayed upon any Lot except where express prior written approval of the size, shape
content and location thereof has been obtained from the Board of Directors, which
approval maybe arbitrarily withheld.
SECTION 5- HOMES UNDER CONSTRUCTION
It is imperative to remember that the Declaration of RiverSound Subdivision requires that once
construction starts all work must be completed within one year.
A. During Construction
1. Contractor must have proof of insurance; to include but not limited to
transportation, workman's compensation, errors and omissions and liability
insurance ofnotless thanonemilliondollars.
2. Contractor must provide one (I) portable toilet for each job site within the development.
The contractor must present a maintenance agreement, which allows for weekly
dumping/cleaning ofportabletoilet.
3. Contractor must have a dumpster on site for each job site. Trash and excess/waste
building materials shall be placed in dumpster at the end of each working day.
4. Building materials cannot be placed within road rights of way or utility easements.
5. Contractor must assume liability for all construction vehicles that enter RiverSound
Subdivision en route to their job site, specifically overweight vehicles that damage road
surface and negligence of operators. Concrete truck weight limit is7 '/2 yards pertruck.
6. Contractor is responsible for actionsofany/all subcontractors.
7. Contractors/subcontractorsareresponsibleforanycut, break, or damage to
underground utility caused bytheir negligence.
8. Lot owner is responsible for agents, employees, contractors, subcontractors and
assigns.
9. Any damage to the streets, curbs, common areas or adjoining lots will be repaired
or replaced at the expense of the owner and/ or his or her contractor. Lot owners must
provide a$ I,500.00 refundable cash bond to indemnify the Association against any
unmitigated property damages to the roads and common areas caused by the
contractor and/ or his agents, employees, subcontractors, etc. If there are no damages to
the roads and common areas,
or damages have been satisfactorily remediated, the $1,500.00 payment will be promptly
returned to the lot owner of the conclusion of the construction project.
5
10. No materials will be placed in the right of way or on adjacent property.
11. The storage of materials should be in an inconspicuous area of the site, and the
contractors are required to make frequent clean ups of surplus materials, trash, etc. A
trash barrel must be maintained on each site
for the disposal of small trash and litter.
12. The playing of radios, tapes, etc.at volume levels that disturb surrounding neighbors will
not be permitted.
N.
BYLAWS OF
RIVERSOUND HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is Riversound Homeowners Association, Inc. (the "Association"), a North Carolina nonprofit
corporation. The principal office and address of the corporation is 17505 W. Catawba Avenue Suite 350 North Carolina, 28031.
ARTICLE II
DEFINITIONS, PURPOSES, POWERS AND ASSENT
Section 2.01 Definitions. The definitions in the Declaration of Covenants, Conditions, Restrictions and Limitations for
Riversound, dated June 14, 2007, as amended from time to time and as recorded in the office of the Register of Deeds of Chowan
County, North Carolina (hereinafter referred to as the "Declaration"), will apply to these Bylaws, and all defined terms used in these
Bylaws will have the same meaning as the defined terms used in said Declaration, unless the defined terms in these Bylaws or the
context of these Bylaws clearly indicate otherwise.
Section 2.02. P11Woses. The specific purposes for which the Association is formed are (i) to provide for the maintenance,
preservation, and control of the Common Areas in the planned community known as Riversound in Chowan County, North
Carolina; and (h) to promote the health, safety, and welfare of the Owners and users of Riversound.
Section 2.03. Powers. The Association shall have all powers granted to it by its Articles of Incorporation, the Declaration,
or the laws of the State of North Carolina. Without limiting the generality of the foregoing, the Association shall:
(a) Own, maintain and otherwise manage all of the Common Properties and the improvements and landscaping thereon,
and all other property acquired by the Association;
(b) Pay any real and personal property taxes and other charges assessed against the Common Properties;
(c) Have the authority to obtain, for the benefit of all of the Common Properties, all water, gas and electric services and
garbage collection;
(d) Maintain such policy or policies of insurance as the Board of Directors deems necessary or desirable in furthering the
purposes of and protecting the interests of the Association and its Members;
(e) Have the power to establish and maintain a working capital and contingency fund in an amount to be determined by the
Board of Directors; and
(0 Have the power to establish and collect regular and special assessments pursuant to the Declaration.
Section 2.04. Assent. All present or future Owners, their families, and their guests and invitees, and any other person using
the facilities of Riversound in any manner are subject to the Association Documents, including these Bylaws and any rules adopted by
the Board of Directors. The acquisition or rental of any of the Lots in Riversound or the occupancy of any of the Lots will constitute
ratification and acceptance of these Bylaws and an agreement to comply with these rules.
ARTICLE III
MEMBERSHIP
Section 3.01 Membership. Record ownership of a fee or undivided fee interest in any Lot is required in order to qualify for
membership in the Association.
Section 3.02 Representation on Board of Directors. If title to a Lot is held by a firm, corporation, partnership, association,
other legal entity or any combination thereof, or if any individual or entity holds title to more than one Lot, then in either case, that
individual or entity may appoint, by a writing furnished to the Association, a delegate to represent each such Lot as a candidate for,
and if elected, as a member of, the Board of Directors. Such delegate will not vote as a member of the Association unless such
person is appointed by a proxy executed in conformance with these Bylaws to cast the voting interest of the Lot which he represents.
Section 3.03. Responsibilities of Members. Any person, including Declarant, on becoming an Owner, will automatically
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become a Member and be subject to these Bylaws. Such membership will terminate without any formal Association action whenever
such person ceases to own a Lot, but such termination will not relieve or release any such former Owner from any liability or
obligation incurred under the Declaration or in any way connected with the Association during the period of such ownership, or
impair any rights or remedies which the Board of Directors or others may have against such former Owner arising out of ownership
of the Lot and membership in the Association and the covenants and obligations incident thereto.
Section 3.04. Membership Certificates. No certificate of stock will be issued by the Association, but the Board of Directors
may, if it so elects, issue membership cards to Owners. Such membership card will be surrendered to the Secretary of the
Association whenever ownership of the Lot designated on the card terminates.
Section 3.05. Classes of Membership. The Association will have two classes of voting membership: Class A composed of
all Owners, with the exception of Declarant, and Class B solely composed of Declarant.
Section 3.06. Voting Privileges. All Members will be entitled to vote on Association matters on the basis of one vote for
each Lot owned, and only upon those matters set forth in the Declaration.
When more than one person holds an interest in any Lot, all such persons will be Members. The vote for such Lot will be
exercised by one person or alternative persons as the Owners among themselves determine. If more than one of the multiple
Owners are present at a meeting in person or by proxy, the vote allocated to their Lot may be cast only in accordance with the
agreement of a majority of said multiple Owners. There shall be a conclusive presumption of a majority agreement if any one of the
multiple Owners casts the vote allocated to his Lot without protest being made promptly to the person presiding over the meeting by
any of the other Owners of the Lot.
ARTICLE IV
ASSOCIATION: MEETINGS, QUORUM, VOTING, PROXIES
Section 4.01. Place and Frequency of Meetings. Meetings of the Members will be held at least once each year at such place,
within or without the State of North Carolina, as the Board of Directors may determine.
Section 4.02. Annual Mew. The first annual meeting of the Members will be held within one year after the date of the
adoption of these Bylaws. Each subsequent annual meeting of the Members will be held on a date and at a time set by the Board of
Directors. The purpose of the annual meetings is for the election of the Board and the transaction of such other business of the
Association as may properly come before the meeting.
Section 4.03. S ecial Mew. The Secretary of the Association shall be required to call a special Meeting of the
members (i) when directed by the President of the Association, (ii) upon the resolution of a majority of the Board of Directors,
or (iii) upon the presentation to the Secretary of the Association of a petition signed by Owners entitled to cast at least one-fourth
(1/4) of the votes of the Association. Unless by consent of at least seventy-five percent (75%) of the votes of the owners present
in person or by proxy, only the business stated in the notice may be transacted at such a special meeting.
Section 4.04. Notice of Meetings. Written notice stating the time, place, and purpose of the meeting will be delivered not
less than twenty-one (21) days before the date of any annual or regularly scheduled meeting and at least fifteen (15) days and not
more than thirty (30) days in advance of any special meeting. Such notice shall be delivered personally or sent by United States mail,
postage prepaid, to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has
been so designated, at the address of their respective lots.
Section 4.05. Quorum. Except as otherwise provided in the Declaration or in these Bylaws, the presence in person or by
proxy at the beginning of any meeting of the Owners entitled to cast one-third (1/3) of the votes of the Association shall
constitute a quorum for a meeting of the Association. Any provision in the Declaration concerning quorums is specifically
incorporated herein. If, however, such quorum is not present or represented at the meeting, the Members entitled to vote at the
meeting will have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a
quorum is present or represented by proxy.
Section 4.06. Actions Binding on Members. A majority of votes cast by Members constituting a quorum in person or by
proxy will be sufficient to make decisions binding on all Owners, unless a different number or method of voting is expressly required
by statute or by the Declaration, the Articles, or these Bylaws.
Section 4.07. Maori of Owners. As used in these Bylaws, the term "majority' will mean those votes, Owners, or other
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groups as the context may indicate totaling more than fifty percent (50%) of the total number.
Section 4.08. Voting by Mail. Voting by mail is permitted for election of the Board of Directors, amendment of the
Articles, adoption of a proposed plan of merger, consolidation or dissolution pursuant to the provisions of the Act, each as amended
from time to time, or other questions that come before the Association. In the case of a vote by mail, the Secretary will give written
notice to all Members, which notice will include (i) a proposed written resolution setting forth a description of the proposed action,
(ii) a statement that the Members are entitled to vote by mail for or against such proposal, (iii) a statement of a date not less than 20
days after the date such notice will have been given by which all votes must be received, and (iv) the specified address of the office to
which all votes must be sent. Votes received after that date will not be effective. Personal delivery of a vote in writing to the
designated office will be equivalent to receipt of a vote by mail at such address for the purpose of this section.
Section 4.09. Proxies. Any Member may cast such Member's vote in person or by proxy, but no proxy will be valid if it is
not dated or if it purports to be revocable without notice. Further, no proxy will be valid after eleven months from the stated date of
its execution unless otherwise provided in the proxy or unless voluntarily revoked upon notice, amended, or sooner terminated by
operation of law. Finally, no proxy will be valid unless filed with the Secretary of the Association at or before the appointed time of
the meeting at which the proxy will be voted.
Section 4.10. Designation of Voting Representative by Non -Individual Owners -Requirement for Proxy. If title to a Lot is
held in whole or in part by a firm, corporation, partnership, association, other legal entity, the voting privilege appurtenant to that
ownership may be exercised only by a proxy executed on behalf of such parry or parties, filed with the Secretary of the Association,
and appointing and authorizing one person or alternate persons to attend all annual and special meetings of the Members and to cast
the vote allocated to that Lot at the meeting.
Section 4.11. Designation of V� Representative by Multiple Owners -Use of Pry. If title to a Lot is held by more than
one Owner, each Owner may vote or register protest to the casting of votes by the other Owners of the Lot through a duly executed
proxy (but nothing in this section shall alter the rule set out in Section 3.06 hereof that there shall be only one vote allotted to each lot
on Association matters). An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to
the person presiding over a meeting of the Association.
Section 4.12. Waiver of Notice. Waiver of notice of a meeting of the Members will be deemed the equivalent of proper
notice. Any Member may waive, in writing, notice of any meeting of the Members, either before or after such meeting. Attendance
at a meeting by a Member, whether in person or by proxy, will be deemed to be a waiver by such Member of notice of the time, date
and place of the meeting unless such Member specifically objects to lack of proper notice at the time the meeting is called to order.
Attendance at a special meeting will also be deemed to be a waiver of notice of all business transacted at the meeting unless objection
to the calling or convening of the meeting, of which proper notice was not given, is raised before the business is put to a vote.
Section 4.13. Action Without a Meeting. Any action which may be taken by the vote of the Members at a regular or special
meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the Members.
ARTICLE V
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Section 5.01. Number. Qualification and Initial Board. The affairs of this Association will be managed by the Board of
three (3) Directors. Except as provided below regarding Directors appointed by Declarant, the Directors will be Members of the
Association or the delegates of Members appointed by proxy under Article IV above.
Section 5.02. Election of Directors and Term of Office. Election to the Board of Directors shall be by written ballot as
hereinafter provided. The first such election shall take place no sooner than thirty (30) days and no later than ninety (90) days
following the date on which the Class B Member no longer exists at a special meeting. At said meeting, members shall elect one
Director who will serve a one-year term, one Director who will serve a two-year term, and one Director who will serve a three-year
term. At the expiration of the initial term of office of each respective Director, a successor will be elected to serve a three-year term.
Section 5.03 Procedure for Election. At the second annual meeting following said special meeting called by Declarant as
described in Section 5.02, and at each subsequent annual meeting, the members shall elect, in accordance with the procedures
hereinafter set forth in this Section 5.03, Directors to succeed to the office of all Directors whose terms have expired at the time
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of such meeting. Such Directors so elected shall each serve for a term of three (3) years. Persons may be nominated for election
to the Board of Directors by a nominating committee appointed by the incumbent Board of Directors prior to the annual
meeting and by nominations made from the floor at the meeting for such election. Election to the Board of Directors shall be by
secret written ballot, unless dispensed by unanimous consent, and at such election members of their proxies may cast, with
respect to each vacancy, the votes of their respective Lots as provided in the Declaration. Cumulative voting shall not apply. The
procedure for the election of the Board of Directors at the special meeting called by Declarant pursuant to Section 5.02 shall be
as follows: nominations shall be accepted for Owners to serve on the Board of Directors of the Association; upon the closing of
such nominations, each member present in person or by proxy shall cast a ballot listing thereon the names of the different
nominees for whom such member wishes to vote, together with the residence number of the Lot of such member; the ballots
shall then be collected and tallied whereupon the person receiving the greatest number of votes shall be elected to a three (3) year
term, and the person receiving the next greatest number of votes shall be elected to a two (2) term, and the person receiving the
next greatest number of votes shall be elected to a one year term.
Section 5.04. Removal or Resignation. Subsequent to the termination of Declarant's right to appoint and remove
Directors, any one or more of the Directors may be removed with or without cause by majority vote of the total authorized vote
of the Owners in the Development which is taken at any regular or special meeting of the Association, and a successor shall be
elected by the Owners at such meeting in order to fill the unexpired portion of such Director's term. Any Director whose
removal has been proposed by any Owner or Owners shall be given an opportunity to be heard at such meeting. Any Director
may resign at any time by giving written notice to the members of the Board of Directors. Such resignation shall take effect on
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. The sale of a Lot by a Director or any other termination of his
interest in a Lot shall automatically terminate his directorship. Subsequent to the termination of the right of Declarant to appoint
and remove Directors, vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote
of the Owners shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a
quorum, and each person so elected shall serve until a successor is elected and qualified at the next annual meeting of the
Owners.
Section 5.05. Compensation. No Director will receive compensation for any service rendered to the Association.
However, any Director may be reimbursed for actual expenses incurred in the performance of his duties as a Director.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 6.01. Re ar Meetings. Regular meetings of the Board of Directors will be held at such regular times as may be set
by the Board of Directors, at such places and hours as may be fixed from time to time by resolution of the Board. Should a regularly
scheduled meeting fall upon a legal holiday, then that meeting will be held at the same time on the next day which is not a legal
holiday.
Section 6.02. S ecial Meetings. Special meetings of the Board of Directors will be held when called by the President of the
Association, or by any two Directors, after not less than three days' notice to each Director.
Section 6.03. Quorum. A quorum is deemed present throughout any meeting of the Board of Directors if persons entitled
to cast fifty percent (51 %) of the votes on the Board are present at the beginning of the meeting.
Section 6.04. Actions Binding on Directors. Every action taken or decision made by a majority of the Directors present at
a duly held meeting at which a quorum is present will be regarded as the act of the Board.
Section 6.05. Waiver of Notice. Attendance of a Director at any meeting will constitute a waiver of notice of such meeting,
except when a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting
is not lawfully called or convened. Before, at, or after any meeting of the Board of Directors, any member of the Board may waive in
writing notice of such meeting, and such waiver will be deemed equivalent to the giving of such notice. Neither the business to be
transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the waiver of notice of
such meeting.
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Section 6.06. Action Taken Without a Mew. The Directors will have the right to take any action which they could take
at a meeting in the absence of a meeting by obtaining the written approval of all the Directors. Any action so approved will have the
same effect as though taken at a meeting of the Directors.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 7.01. General. The Board of Directors will have the powers and duties necessary for the administration of the
affairs of the Association. Except as provided by these Bylaws, the Declaration or the Act, the Board of Directors may do all such
acts and things which are not specifically required to be done by the Members and may otherwise act in all instances on behalf of the
Association.
Section 7.02. Specific Powers and Duties. Without limiting the generality of powers and duties set forth in Section 7.01
above, the Board of Directors will have the following powers and duties, in each case subject only to applicable requirements of the
Act: North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (the "Act'.
(a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, and all other
provisions set forth in the Declaration.
(b) To establish, make, amend from time to time, and enforce compliance with such reasonable rules and regulations as
may be necessary for the operation, use, and occupancy of Riversound, subject to the provisions of the Declaration. A copy of such
rules and regulations will be delivered or mailed to each Member promptly after adoption.
(c) To keep in good order, condition, and repair all of the Common Areas and all items of personal property, if any, used in
the enjoyment of the Common Areas. No approval of the Members is required for expenditures for these purposes, except as
otherwise required by the Declaration or these Bylaws.
(d) To fix, determine, levy, and collect the prorated Annual Assessments to be paid by each of the Members towards the
gross expenses of Riversound and to adjust, decrease, or increase the amount of the Assessments, and to credit any excess of
Assessments over expenses and cash reserves to the Members against the next succeeding Assessment period.
(e) To levy and collect Special Assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet
increased operating or maintenance expenses or costs, or additional capital expenses, or because of emergencies. All Special
Assessments will be in statement form and will set forth in detail the various expenses for which the Special Assessments are being
made.
(fl To levy and collect Default Assessments for violation of the Association Documents or because the Association has
incurred an expense on behalf of a Member under the Association Documents.
(g) To collect delinquent Assessments by suit or otherwise and to enjoin or seek damages from an Owner as provided in
the Declaration and these Bylaws; and to exercise other remedies for delinquent Assessments as set forth in the Declaration.
(h) To enter into contracts within the scope of their duties and powers.
(i) To establish a bank account for the operating account of the Association and for all separate funds as required or
deemed advisable by the Board of Directors.
0) To cause any and all access roads, parking areas, and roadways in and to Riversound and across the Property to be
maintained to the extent those facilities are within the jurisdiction or control of the Association, subject to the provisions of the
Declaration.
(k) To cause the maintenance of the lawn, trees, shrubs, and other vegetation, and the sprinkler or other irrigation systems
located on the Common Areas for the benefit of the Members.
0) To delegate to the Manager or any other person or entity such of the Association's duties or responsibilities as may be
more conveniently or efficiently performed by someone other than by the Association, and to agree to assess to the Members a
reasonable fee for such services, except that the duties set forth in subparagraphs (d), (e), and (f of this Section 7.02 and duties
reserved to the Board by law will not be so delegated.
Section 7.03. Manager. The Board of Directors may employ for the Association a professional management agent or
agents as Manager for compensation established by the Board of Directors to perform such duties and services as the Board of
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Directors will authorize. The Board of Directors may delegate to the Manager, subject to the Board's supervision, all of the powers
granted to the Board of Directors by these Bylaws, other than the powers set forth in subparagraphs (d), (e), (f , and p) of Section
7.02 of this Article and duties reserved to the Board by law. Declarant, or an affiliate or employee of Declarant, may be employed as
Manager, subject to the limitations of the Act.
Section 7.04 Hearin Procedure. The Board will not impose a fine, suspend voting rights, or suspend any other rights of a
Member or other occupant for violations of rules and regulations or of the provisions of the Declaration unless and until the
procedure below is followed:
(a) Demand. Written demand to cease and desist from the alleged violation will be served upon the alleged violator
specifying:
(i) the alleged violation;
(ii) the action required to abate the violation; and
(iii) a time period of not less than 10 days during which the violation may be abated without further sanction, if
such violation is a continuing one, or a statement that any additional similar violation may result in the imposition
of a sanction after notice and hearing, if the violation is not continuing.
(b) Notice. At any time within 12 months of such demand, if the violation continues past the period allowed in the
demand for abatement without penalty or if the same rule is subsequently violated, the Board or its delegate will serve the violator
with written notice of a hearing to be held by the Board. The notice will contain the following:
(i) the nature of the alleged violation;
(ii) the time and place of the hearing, which time will not be less than 10 days from the giving of the notice;
(iii) an invitation to attend the hearing and produce any statement, evidence, and witness on the Member's behalf;
and
(iv) the proposed sanction to be imposed.
(c) Hearing. The hearing will be held pursuant to the notice, affording the Member a reasonable opportunity to be heard.
The notice requirement will be deemed satisfied if the alleged violator appears at the meeting. Written and oral evidence may be
presented. The presenting party will provide copies of any written evidence to the other party or parties. The decision of the Board
will be final.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 8.01. Enumeration of Officers. The officers of the Association will be a President, Vice -President, Secretary and
Treasurer, and such other officers as the Board from time to time create by resolution.
Section 8.02. Election of Officers. The election of officers will take place at the first meeting of the Board of Directors
following each annual meeting of the Members. The officers shall be chosen by a majority vote of the Board of Directors.
Section 8.03. Term. The officers of the Association will be elected annually by the Board, and each will hold office for one
year or until his successor is duly elected and qualified, unless he sooner resigns, or is removed, or is otherwise disqualified to serve.
Section 8.04. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any
officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation will take effect
on the date of receipt of such notice or at any later time specified in the notice, and unless otherwise specified in the notice, the
acceptance of such resignation will not be necessary to make it effective.
Section 8.05. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to
such vacancy will serve for the remainder of the term of the officer replaced.
Section 8.06. Multiple Offices. Any two or more offices may be held by the same person except the offices of President
and Secretary.
Section 8.07. Duties. The duties of the officers are as follows:
(a) President. The President will preside at all meetings of the Association and the Board of Directors; will see
that orders and resolutions of the Board are carried out; will sign all leases, mortgages, deeds, and other written instruments
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purporting to bind the Association; will co-sign all promissory notes; will cause to be prepared and will execute, certify and record
amendments to the Declaration on behalf of the Association; and will exercise and discharge such other duties as may be required of
the President by the Board.
(b) Vice -President. The Vice -President will act in the place and stead of the President in the event of his absence,
inability, or refusal to act, and will exercise and discharge such other duties as may be required by the Board.
(c) Secretary. The Secretary will record the votes and keep the minutes of all meetings and proceedings of the
Board and of the Members; will keep the corporate seal of the Association and place it on all papers requiring said seal; will serve
notice of meetings of the Board and of the Members; will keep appropriate current records listing the Members together with their
addresses; and will perform such other duties as required by the Board.
(d) Treasurer. The Treasurer will receive and deposit in appropriate bank accounts all monies of the Association
and will disburse such funds as directed by resolution of the Board of Directors; will sign all checks of the Association unless the
Board specifically directs otherwise, will keep proper books of account; will, at the direction of the Board, cause an annual audit of
the Association books to be made by a public accountant at least once in every three fiscal years; and will prepare an annual budget
and a statement of income and expenditures to be presented to the Members at their regular annual meeting, and deliver or make
copies available of each to the Members.
ARTICLE IX
COMMITTEES
The Board of Directors may appoint committees as the Board deems appropriate in carrying out its purposes, subject to
any restrictions to same contained herein or in the Declaration. Following the period of Declarant's right to control, as provided in
the Declaration, the Board will also appoint the Architectural Review Board.
ARTICLE X
INDEMNIFICATION
To the extent permitted by law and consistent with the Articles of Incorporation, the Association will indemnify every
member of the Board of Directors, and every officer, employee and agent of the Association and every person who serves at the
request of the Association as a manager, director, officer, employee, fiduciary, or agent of any other foreign or domestic corporation
or of any partnership, joint venture, trust or other enterprise or employee benefit plan against liability asserted against or incurred by
such person in such capacity or arising out of that person's capacity as such. The indemnification permitted under this Article will
not extend, in any event, to any act or omission occurring prior to the date of incorporation of the Association.
In the event of a settlement, indemnification will be provided only in connection with such matters, acts or omissions
covered by a settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of
such matters, actions or omissions in the performance of such person's duties for the Association. The foregoing rights will not be
exclusive of other rights to which such member of the Board of Directors or officer or other person may be entitled. All liability,
loss, damage, cost and expense arising out of or in connection with the foregoing indemnification provisions will be treated and
handled by the Association as a Common Expense.
ARTICLE XI
NONPROFIT CORPORATION
The Association is not organized for profit. No member of the Association, member of the Board of Directors, or person
from whom the Association may receive any property or funds will receive or will be lawfully entitled to receive any pecuniary profit
from the operations of the Association, and in no event will any part of the funds or assets of the Association be paid as a dividend or
be distributed to, or inure to the benefit of, any member of the Board of Directors. Notwithstanding the foregoing, (i) reasonable
compensation may be paid to any Member or Manager acting as an agent or employee of the Association for services rendered in
effecting one or more of the purposes of the Association, and (ii) any Member or Manager may, from time to time, be reimbursed for
Page 7 of 8
his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association, and any Director
may be reimbursed for actual expenses incurred in the performance of his duties.
ARTICLE XII
AMENDMENTS
These Bylaws may be amended, at a regular or special meeting of the Board, by a vote of a majority of a quorum of
Directors present in person or by proxy, but amendment of Article V, X, XII or any portion of those Articles will require approval of
all Directors, provided, however, that those provisions which are governed by the Articles of Incorporation may not be amended
except as provided in said Articles or applicable law; and provided further that any matter stated herein to be or which is in fact
governed by the Declaration may not be amended except as provided in said Declaration.
ARTICLE XIII
MISCELLANEOUS
Section 13.01. Fiscal Year. The fiscal year of the Association will begin on the first day of January and end on the 31 st day
of December every year, except that the first fiscal year will begin on the date of incorporation.
Section 13.02. Corporate Seal. The Association will have a seal in circular form having within its circumference the words:
"Riversound Homeowners Association, Inc."
Section 13.03. Conflicts of Documents. In the case of any conflict between the Articles of Incorporation and these Bylaws,
the Articles will control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration will control.
The undersigned members of the initial Board of Directors have executed these Bylaws this day of ,
2004.
RIVERSOUND HOMEOWNERS
ASSOCIATION, INC.
WILLIAM N. ADKINS, PRESIDENT
JOEL BROWN, SECRETARY
(CORPORATE SEAL)
Page 8 of 8
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