Hidden Creek Subdivision

Hidden Creek Lot Owner’s Association

Please note these are always up to change.  As noted elsewhere, our goal is to never fine anyone.  We have not in previous subdivisions.  However, the hammer of a fine sure makes life easier in getting people to read documents and especially to comply with the law.

One very good builder asked the question, "Who does he think he is."  His associate, a resident of the Promontory Ridge Subdivision answered by saying something along these lines:  "not all builders do things the right way.  Some do things the "easy" way and cheap and dirty. " His associate was all for the fine system, especially since we have never collected a fine.  (We have billed contractors for damage they do to streets and neighboring yards)  In short, a fine system is only a burden for those that don't want to do things correctly.  Well, that associate is now building his new home in Hidden Creek.  He knows.

 

Fines and Regulations

 

Reason

First Occurrence

Subsequent Occurrences or second notice

Regulation/Rule/Procedure

Construction of a dwelling or structure without written permission where Plans and Specifications are not approved.

Up to $1000 plus remediation and a stop work order.  Remediation may mean removal of any structure or dwelling and bringing the lot back to it natural state as much as possible. 

Continued Construction shall create a fine of $10,000 plus a stop work order and remediation of the property to its natural state as much as possible.

Per Covenants, Application and approval are to be made before work begins and any subsequent changes must also be submitted for approval.

Construction prior to written approval of Plans and Specifications if Plans and Specifications are subsequently approved

$500 and stop work order

$500 a day and stop work order for 10 days.

Per Covenants, Application and approval are to be made before work begins and any subsequent changes must also be submitted for approval.

Lawn, Excessive Fertilizer or chemicals

Up to $50 plus remediation

Up to $500 plus remediation

Per covenants section 11.12

Lawn, not cutting weeds on unoccupied lot or not maintaining a lot

Up to $50 plus remediation

$50 plus remediation

Lawns should be properly maintained, cut and trimmed.  Vacant lots should be mowed at least three times per year any noxious weeds handled so as not to permit a neighboring lot to suffer from a lot owner’s neglect.

Lawn, Over Watering of

None

Up to $50

New lawns are often WAY overwatered.  Watering to the point of run-off doesn’t make sense since the water is, well, running off and not soaking in.  It causes erosion and problems downstream and should be avoided.

Lots usage, of adjacent or Association lot for staging or access without permission

Up to $500 plus remediation

Up to $1000 plus remediation.

No lot other than the lot owner’s may be used for any purpose without permission.

Miscellaneous (No list can possible enumerate all so latitude is provided for Association to levy further fines)

Up to $100

Up to $500 per occurrence

If something comes up, this one is a catch-all. 

Parking of unauthorized vehicles

Up to $10

Up to $50 per occurrence

Relates mostly to snowmobiles, boats, and things like that which people may want to store outside.

Silt Fencing or other Erosion Control not installed or maintained as required

Up to $75 per day plus remediation

Same with a stop work order added

Must be done according to the approved plan and according to Federal, state and local laws.

Streets and Drainageways, damage to or permitting ROW or other drainage way to “silt”

Up to $100 plus remediation

Up to $100 per day plus remediation

Same as previous one. 

Streets, Mud, Dirt, Debris not cleaned timely (daily) during construction or after

Up to $50 plus remediation

Up to $100 plus remediation

While it is good construction practice to daily clean the worksite, it is mandatory that the streets are cleaned of mud, etc. 

Construction or landscaping not completed timely as outlined in the Covenants. lot owner should ask for an extension of time within the times specified in the Covenants. Association may provide for a fine if no extension is granted not to exceed $50 per day. The covenants call for construction to be completed from time of start to COO in 12 months.  Lawns to be in within 180, etc.  The goal is to have the work completed and the area not eroding and being clean.  Circumstances and weather will be considered on extensions.  Good faith effort counts.

 

The cost of remediation is added to the fine.  That means if we have to contract with someone to do the job or clean up.

This list of fines is in effect as of April 12, 2006 and may be changed without notice. 

 

The following is important:

In the last year the EPA has stepped up their erosion enforcement.  Winnebago County is one of the highest fined counties in Illinois.  In order to comply with the US EPA Clean Water Act, Hidden Creek has received authorization for general storm water discharge from the Illinois Environmental Protection Agency (IEPA) under the National Pollutant Discharge Elimination System (NPDES).  Violations are documented & sent to the states attorney. Weekly EPA inspections are conducted, documented & photographed. Hidden Creek is on a water way & dumping sediment into the waterway is a $10,000 first time offense. A second offense is $50,000. You have 48 hours to repair or solve issues between offenses.

We have heard of a $9000 fine and a $50,000 fine being assessed by the EPA.  These, we hasten to add, are not OUR fines, but our rules and regulations are intended to keep you from having one of those blockbuster fines.  You will thank us if it keeps you from getting an EPA violation.

 

Send mail to dennis@lreg.net with questions or comments about this web site.
Copyright © 2003 Liberty Real Estate Group, Inc.
Last modified: March 01, 2010