Big East Fork Agrihood Association membership:
Membership in the BEFAA is required for all new homeowners desiring the benefits gained by joining (gardening, shares of produce from our community supported agriculture (CSA), farming opportunities, and livestock privileges, access to community walking and hiking trails, private 24/7 access to the community forest, the Lakeside Lodge and Lounge, art studios, seven-acre Lake Gratitude, and the fellowship of like-minded stewards). BEFAA fees cover costs of the community farm, community meeting center, maintenance of common watercraft, and any common costs agreed to by the BEFAA. Private land is of course the property of the owner, who are encouraged to share a part if it (hiking trails, ponds, streams, pasture) with other members of the BEFAA. Compensation may be provided by the BEFAA. The Association is managend by its members who agree to a budget and what benefits it provides its members. Williamson County has zoned Big East Fork Valley as RP-5 which requires 5 acres per parcel.
HOME OWNERS ASSOCIATION AGREEMENT
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR BIG EAST FORK AGRIHOOD HOMEOWNERS and LEASE HOLDERS ASSOCIATION (BEFAA)
This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made on this ___ day of __________, 20__, by and among the undersigned property owners within the Big East Fork community, for the purpose of preserving and protecting the natural environment, hiking trails, night skies, wildlife, hunting opportunities, community supported agriculture, and tranquility of the Big East Fork area.
ARTICLE I – NAME AND PURPOSE
Name. The organization shall be known as the Big East Fork Agrihood Homeowners’ and Renters’ Association (the “Association”), a property owners association (the “POA”).
Purpose. The purposes of the Association are to:
a. Protect, preserve, and maintain hiking trails, open space, and natural features;
b. Conserve wildlife habitats and migration corridors;
c. Maintain dark skies and minimize light pollution;
d. Promote peace, quiet, and tranquility within the community; e. support local farms; f. Foster responsible hunting practices
g. Regulate land use and improvements in harmony with the natural surroundings; and
h. Provide for the maintenance and management of common areas for the benefit of all members.
ARTICLE II – MEMBERSHIP
Membership. Every person or entity that is an owner or renter of any residence within the boundaries of the Association shall be a Member of the Association.
Voting Rights. Each Residence shall be entitled to one (1) vote in matters submitted to the membership.
ARTICLE III – COMMON AREAS AND TRAILS
Ownership and Use. Designated trails and common areas, including trails and open spaces, shall be held by the Association for the use and enjoyment of Members.
Trail Protection. No development, obstruction, or alteration shall be permitted on designated hiking trails, except as necessary for maintenance or safety.
Prohibited Uses. Motorized vehicles, are prohibited on trails except for maintenance, emergency, or authorized POA use. Exception: Land owner in the Rocky Top development may use motorized vehicles on Gratitude Trail to access Lake Gratitude and the Lakeside Lodge if said Lodge is leased to the POA.
ARTICLE IV – NIGHT SKY PROTECTION
Lighting Restrictions. Outdoor lighting shall be fully shielded, downward-facing, and of minimal necessary intensity.
Prohibited Lighting. Skyward-facing lights, unshielded floodlights, and high-intensity fixtures are strictly prohibited.
Standards. All lighting shall comply with International Dark-Sky Association (IDA) standards or their successor guidelines.
ARTICLE V – WILDLIFE And FOREST CONSERVATION
Protection. Trapping, poisoning, or intentional harm to wildlife shall not be permitted on HOA property. Hunting is permitted as per HOA guidelines.
Landscaping. Members shall utilize native and non-invasive plant species where practical.
Chemical Use. Pesticides, herbicides, rodenticides, and toxic chemicals are permitted only if immediately adjacent to lodgings and are prohibited on other areas, especially any areas draining into ponds and creeks unless specifically authorized by the Board for ecological necessity.
Prohibited: Removal, or destruction of trees or timber with a diameter of greater than 6 inches at chest hight unless for the creation of walking trails less than eight feet wide unless the trees are within 20 yards from residential structure or to create natural meadows. Meadows may be no more than 25% of the parcel and must be adjacent to the residential structure(s)
Introduction or cultivation of invasive exotic plants are prohibited.
ARTICLE VI – TRANQUILITY AND NOISE CONTROL.
Noise Limitations. Amplified outdoor music, parties, or disruptive noise shall not be permitted within common areas or in a manner that unreasonably disturbs other Members. Repeated discharge of firearms for periods of greater than 5 minutes per week are prohibited. Although intermittent use of farming machinery is permitted, constant noise or prolonged mechanical or frequent animal noises are not permitted.
Construction. Construction and maintenance activity shall be limited to daylight hours unless otherwise approved by the Board.
ARTICLE VII – ARCHITECTURAL AND LAND USE CONTROLS
Design Standards. Structures shall be designed to minimize visual impact, conform with the natural surroundings, and preserve scenic views.
Wildlife Movement. Fencing and landscaping shall not unreasonably impede wildlife movement or habitat access.
Fences except for the purposes of reasonable and customary management of livestock or to enclose pets or children within the 1-5 acre residential portion of the property is prohibited
Subdivision of the parcels is prohibited.
Placement of signs which significantly diminish the scenic character of the protected property is prohibited.
Conveying of mineral rights separate from surface rights is prohibited
Removal of topsoil, sand, gravel, rock, peat, minerals, gas, oil, or other hydrocarbon products or other materials is prohibited
Using or permitting property for sanitary landfill or installing underground storage tanks is prohibited
Engaging or permitting any activity or operations that damage or negatively impact water quality or watershed is prohibited
Filling, excavating , mining, surface mining or any extraction of materials for commercial purposes except for site preparation for construct of any residences is prohibited.
Installing or using an incinerator for the destruction of waste material is prohibited
Damaging or negatively impacting the water quality or watershed is prohibited
Dumping, storing, disposing, or treating refuse, trash, garbage, rubbish, junk, ashes or hazardous substances anywhere on their property or within the valley or ridges of Big East Fork is prohibited.
Prohibited: Removing timber from the land except to provide space necessary for residence and pastures, ancillary structures permitted by Williamson County, or to remove diseased or exotic trees, or to remove dead or dying trees which pose a threat to travelers on trails or to residents
ARTICLE VIII – CONSERVATION EASEMENT COMPLIANCE
Binding Effect. All Lots within the Big East Fork Conservation Easement recorded inWilliamson County, Tennessee Bk 6101 Pg 488-516 (13057224) on 12/27/2013 shall adhere to, the terms and conditions of that Easement.
Priority of Easement. In the event of any conflict between this Declaration and the Conservation Easement, the terms of the Conservation Easement shall control.
Stewardship Coordination. The Association shall cooperate with the Easement holder in promoting conservation values, habitat protection, and land stewardship consistent with the Easement’s restrictions and purposes.
ARTICLE IX – OTHER PROHIBITED ACTIVITIES
Commercial or industrial activities
Obstructing or restricting hiking easements designated by BEFAA across owner’s property provided such trails are at least 50 yards from a lodging structure
Installing facilities for the development and utilization of energy resources without the prior written approval of BEFAA
Allowing frequent visitation by guests that would significantly increase the traffic in the area
Trails may not be created for the purpose of harvesting timber. Off-road vehicles may be only used on hiking trails for except fot patrolling, maintenance, and transport of elderly or handicapped.
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ARTICLE IX – GOVERNANCE AND ENFORCEMENT
Board of Directors. The affairs of the Association shall be managed by a Board of Directors elected by the Members.
Enforcement. The Board shall have the power to enforce these Covenants by fines, suspension of rights, legal proceedings, or other lawful means.
Amendments. This Declaration may be amended only by the affirmative vote of at least two-thirds (⅔) of the Members, provided that no amendment may conflict with or weaken the restrictions of the Big East Fork Conservation Easement.
ARTICLE X – COMMUNITY STEWARDSHIP
Voluntary Service. The Association shall encourage Members to participate in trail maintenance, habitat restoration, and educational programs.
Educational Outreach. The Association shall promote awareness of sustainable living and farming practices, stargazing opportunities, and wildlife appreciation.
ARTICLE XI – MISCELLANEOUS
Duration. These Covenants shall run with the land and remain in effect in perpetuity unless amended in accordance with Article IX.
Severability. If any provision of this Declaration is held invalid, the remainder shall not be affected and shall remain in full force and effect.
Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Tennessee
IN WITNESS WHEREOF, the undersigned, being the Owners or Renters of the real property within the Big East Fork community, have executed this Declaration as of the date first written above.
___________________________ ___________________________
Owner/Renter Signature Printed Name
___________________________ ___________________________
Owner/Renter Signature Printed Name
Big East Fork Agrihood Association membership:
Membership in the BEFAA is required for all new homeowners desiring the benefits gained by joining (gardening, shares of produce from our community supported agriculture (CSA), farming opportunities, and livestock privileges, access to community walking trails, private 24/7 access to the community forest, the Lakeside Lodge, and Lake Gratitude, and the fellowship of like-minded stewards). BEFAA fees cover costs of the Community Farm, community meeting center, maintenance of common watercraft, and any common costs agreed to by the BEFAA. Private land is of course, the property of the owner, but may have hiking easements across it that other BEFAA members may enjoy provided that hiking easements do not disturb the reasonable privacy of the landowner. The Association is managed by its members who will agree to an annual budget and what benefits are provided to its members.
Members of the Rocky Top Forest Community (Entrance off Parker Branch Rd) may use the Gratitude Trail easement to walk, bike, or ride their side-by-side off-road vehicles to visit the Lakeside Lodge (social club and lakeside lounge) and Lake Gratitude. Dues from the Rocky Top Forest Community Association pay for maintenance of their particular common recreational areas.