DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS FOR PLAT OF LOON LAKE

WHEREAS, the Taylor Investment Corporation (hereinafter called "DEVELOPER"), being owner and developer of all of the real estate described below to be known as The Loon Lake Subdivision, has established a general plan for the improvement and development of such real estate, and do hereby establish the covenants, conditions, reservations and restrictions upon which, and subject to which all lots and portions of such lots shall be improved or sold and conveyed by DEVELOPER as owners thereof. Each and every one of these covenants and conditions, reservations and restrictions is and all are for the benefit of each present and future owner of land in The Loon Lake Subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof.

•  Protected Property . The following property is included under these protective covenants: The Loon Lake Subdivision (Lots 1 to 29) described as follows: a portion of the NE ¼ -NE ¼, which lies south of Loon Lake, a portion of the SW ¼ - NE ¼, which lies east of Loon Lake, SE ¼ - NE ¼ and the NE ¼ - SE ¼, Section 22, Township 32 North, Range 08 West, Town of Sampson, Chippewa County.

•  Enforcement and Penalty :

•  236.293, Wisconsin State Statutes - Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promise or beneficiary, vests in the public body or public utility the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement.

•  Enforcement. Any development, any building or structure constructed, moved or structurally altered, or any use established after the effective date of these covenants, which are in violation of these covenants, conditions, reservations and restrictions, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation of the Chippewa County Land Division Ordinance. The Chippewa County Zoning Administrator or the county zoning agency shall refer violations to the corporation counsel who shall expeditiously prosecute violations.

•  Penalty. Any person, firm, association or corporation who violates or refuses to comply with any of these covenants, conditions, reservations and restrictions, shall be subject to a forfeiture designated in the Chippewa County Shoreland Zoning Ordinance. Each day which the violation exists shall constitute a separate offense. Every violation of these covenants, conditions, reservations and restrictions is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated following provisions of Wis. Stats. § 59.69. In all actions, repair of any environmental damage and compliance with the provisions of these covenants, conditions, reservations and restrictions shall be required in addition to any forfeiture which may be levied.

•  In addition to applicable municipal ordinances or amendments thereto and previously recorded easements, the following covenants, conditions, reservations and restrictions are required as part of the final plat approval for the Loon Lake Subdivision and agreed upon by the DEVELOPER and the Chippewa County Zoning Committee:

•  Increased Setback. No building, structure or camping unit shall be placed within 100' of the ordinary high-water mark. This would include boathouses, detached garaged, pools, etc.

•  Buffer Zones. The property shall be subject to a buffer zone of 65' divided into the following zones:

• a. Primary Buffer Zone is defined as the first 35' of shoreland as measured from the ordinary high-water mark. This area is a no-mow zone and shall be consistent with the standards of the shoreland ordinance. Grading, filling and excavation within this zone is prohibited.

• b. Secondary Buffer Zone is defined as the area between 35' and 65' as measured from the ordinary high-water mark. This area is a non-compacted area and shall have limited tree and shrub removal as provided in below. Grading, filling and excavation within this zone is prohibited.

•  Removal of Vegetation. Vegetation removal shall be consistent with the following restrictions and shall not occur until a valid permit has been issued from the zoning department:

• a. Lake Access Corridor. A single lake access corridor may be developed on each shoreland lot. The access corridor shall not exceed 30' in width per lot within the Buffer Zone. All stairs, landings, docks, piers, walkways, etc. shall be located within this access corridor.

• b. Primary Buffer Zone . Removal of dead, diseased or dying trees and shrubbery shall be allowed as per section 54-124 of the Chippewa County shoreland ordinance. This area shall be a no-mow zone.

• c. Secondary Buffer Zone.

•  No trees in excess of 6" diameter at the base may be cut.

•  Trimming of branches is allowed, but only of branches not exceeding 5" in diameter measured 6" from the trunk of the tree.

•  This area may be mowed, but the site shall not be landscaped for the purpose establishing traditional grass lawns.

•  Compaction Mitigation. Prior to the commencement of construction, a silt fence shall be properly installed at least 75' from the ordinary high-water mark. This fence serves two purposes. The first being the control of erosion on the property into the lake. Secondly, it provides as a barrier so that all supplies, equipment etc. shall be stored or placed or operated in between the silt fence and the proposed building site.

•  Septic System Placement. All septic systems serving the proposed structures shall be located on the road side of the house where soils and the development will allow such placement. However, in the event that the septic system cannot be installed on the road side, the system cannot be located any closer than 75' to the water.

•  Storm water Management. Approved storm water management techniques for the development on the lot shall be properly maintained by the property owner or subsequent property owners. Any modification to the storm water management system per lot shall be approved by the Zoning Department prior to modification, reconstruction, revamping, etc. Post-construction run-off shall meet pre-construction run-off for each individual lot based on the following concepts:

• a. Rain Gardens . The installation of rain gardens to control storm water on the site shall be required as part of the building permit issued by the Zoning Department. Rain gardens shall be designed and installed as described in the " Rain Garden - A how-to Manual for Homeowners" Wisconsin DNR Publication PUB-WT-776 2003.

• b. Swales. Swales shall be used to control runoff along the driveways, walkways, etc. on the lot. However, in the event that a driveway is located near a proposed rain garden, that portion of the driveway that will drain towards the rain garden can be included in the rain garden calculations.

• c. Driveway/Access Road Management. All private access roads and driveways shall be planned and sited so that there is no direct discharge of concentrated flow towards the lake or its contiguous wetlands.

• d. Other Methods. A landowner may develop an alternative storm water management approach, which will in effect meet the same requirements as presented above.

•  Severability. Invalidation of any one of the above paragraphs shall in no way affect any other provision, which shall remain in full force and effect.

•  Assignment of Powers. The Chippewa County Zoning Committee, may, in its sole discretion, assign its rights and duties under these covenants, conditions, reservations and restrictions to an individual, corporation or recognized governmental agency or body, which will enforce these covenants and restrictions in perpetuity.

•  Abrogation and greater restrictions. It is not intended by these covenants, conditions, reservations and restrictions to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, existing ordinances, rules, regulations or permits previously issued under existing ordinances and regulations. However, wherever these restrictions impose greater restrictions, the provisions of these shall govern for this property only.

Loon Lake
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