|
8.9.3. Any escape or discharge of any fumes, odors, gases, vapors, steam, acids, or other
<br />substance into the atmosphere that the Board reasonably believes may be detrimental to the health, safety
<br />or welfare of any person or may interfere with the comfort of any persons within the Property or may be
<br />harmful to property or vegetation;
<br />8.9.4 Any radiation or discharge of intense heat or glare (as deteimnined by the Board in
<br />its reasonable discretion) from a Lot, unless such heat or glare is isolated within an enclosed or screened
<br />area within the Lot so that it is not discernable outside the Lot;
<br />8.9.5. Any use that produces noise levels that exceed any limitations specified in any
<br />Rules and Regulations adopted by the Board governing the use of the Property
<br />8.9.6. Visible emissions of dust, dirt, steam, smoke or other particulates into the
<br />atmosphere (outside any building) that exceed any limitations specified in any Rules and Regulations
<br />adopted by the Board governing the use of the Property;
<br />8.9.7. Any use that creates a ground vibration that is perceptible, without instruments, at
<br />any point outside the Lot on which it originates (however, the Common Maintenance Areas shall be
<br />excluded from this restriction);
<br />8.9.8. Any disposal of Hazardous Substances on any Lot; and
<br />8.9.9. Any use that the Board reasonably believes poses a significant increase in the risk
<br />of fire, explosion or other safety hazards
<br />Notwithstanding anything contrary contained in this Section 8.9, (1) ground vibration and/or noise
<br />that is produced by construction of the Improvements or any other construction on the Property as approved
<br />by the Declarant, Board, and/or Master Association and (n) the release of any fumes, gases, vapors, and/or
<br />odors, in accordance with the requirements of any agreements or orders applicable to the Property's
<br />methane management and monitoring systems, including this Declaration, or the operation, use,
<br />maintenance and repair of such systems, shall not constitute a nuisance under this Section 8.9.
<br />8.10. Use of Lots Each Lot may be used only for commercial, retail, restaurant, educational,
<br />clinical, research, institutional, public, office. residential, recreational, entertainment, and parking uses
<br />permitted by the Master Plan, and such other uses as may be authorized by Declarant in writing, in its sole
<br />discretion, or after the Conversion Date b} the Master Association, but m all events limited to those allowed
<br />by applicable law.
<br />8.11. Master Association Rules and Regulations. The Master Association may from time to
<br />time, adopt, modify or revoke nondiscriminatory Rules and Regulations governing the conduct of persons
<br />and the operation and use of the Property that the Master Association deems necessary or appropriate in
<br />order to ensure the peaceful and orderly use and enjoyment of the Property. The Board shall promptly
<br />deliver a copy of the Rules and Regulations and amendments, modification or revocation thereof, upon
<br />adoption, to each Member. The Owners and occupants of all affected Lots shall be bound by the Rules and
<br />Regulations, and amendments, modifications and revocations, upon the date of delivery. The method of
<br />adoption of such Rules and Regulations shall be as provided in the Bylaws of the Master Association.
<br />8.12. Condition of Property. The Owner and occupants of all Lots shall at all times keep it and
<br />the Improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its
<br />own expense, in all respects with applicable governmental, health, fire and safety ordinances, regulations,
<br />18
<br />4864-8276-8240, v. 14
<br />
|