TABLE OF CONTENTS
PURPOSE----------------------------------------------------------------PAGE 2 GATE POLICY----------------------------------------------------------PAGE 3-6 USE & MAINTENANCE OF COMMON FACILITIES----------PAGE 6-7 TRAFFIC AND PARKING--------------------------------------------PAGE 7-9 GENERAL CONDUCT NOISE, NUISANCES AND SOLID WASTE--------------PAGE 9-12 ANIMALS—HOUSEHOLD PETS--------------------------PAGE 12-14 FIRES, FIREWORKS, FIREARMS-------------------------PAGE 14 FIRE PROTECTION-------------------------------------------PAGE 14 CONTRACTOR/WORKER RULES---------------------------------PAGE 14-15 SIGN REGULATIONS-------------------------------------------------PAGE 16 PERMITS-ARCHITECTURAL CONTROL------------------------PAGE 17-25 SECURITY---------------------------------------------------------------PAGE 26 GENERAL INFORMATION------------------------------------------PAGE 27-29 ENFORCEMENT AND PENALTIES ------------------------------PAGE 29-32
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Property Owners Association of Ono Island, Inc.
PURPOSE RULES AND REGULATIONS OF THE PROPERTY OWNERS ASSOCIATION OF ONO ISLAND, INC.
The purpose of these rules and regulations is to assure the continued unique character and serene beauty of Ono Island through the willing cooperation of all residents and guests alike, who as good neighbors vigorously work together by completely complying with them for the express desire of continuing Ono Island as a protected, private, residential community. The rules and regulations will supplement the General/Local Covenants and the Property Owners Association By-Laws and actions of the Board of Directors, and will formalize behavior that has been practiced by property owners and guests since the beginning of the Island’s development. These rules and regulations apply to property owners, guests, renters, contractors, their employees, and all other people who wish access to Ono Island. Individuals who violate these rules and regulations will be cited and assessed in accordance with the Violation Assessment Schedule appearing at the end of this handbook. Property owners who rent their properties must provide a copy of these Rules & Regulations to all renters of their property. Additional copies are available at the POA office.
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BOARD OF DIRECTORS OF THE PROPERTY OWNERS ASSOCIATION ISLAND, INC. ONO ISLAND GATE POLICY The Property Owners Association Board of Directors, in accordance with the Covenants and By-Laws of Ono Island, has established a Gate Policy to assure the continued privacy and security of the Island. The policy encompasses use of two control systems; a barcode activated gate for property owners and a manual pass system for all other visitors. Conduct of Property Owners and all persons to whom they allow Island access is governed by the Rules and Regulations set forth in this document. Barcode System (Managed through the POA Administrative Office; a valid driver’s license and vehicle documentation will be recorded for each barcode.) I.
PROPERTY OWNERS—Property owner’s and their family members (children and parents) should use the barcode activated “owners lane” for rapid access to the Island. Barcodes are provided to Property Owners and placed on a window on the passenger side of the vehicle. Each new property owner who is in a good standing with assessments and dues is entitled to two barcode decals free of charge. The property owner may obtain additional barcodes for themselves and immediate family members for $5 each. Application for the barcodes includes review and copy of each vehicle’s state license registration.
II.
LONG TERM RENTERS—Long-term renters, those who enter into a contract which exceeds SIX continuous months for lease of property belonging to a Property Owner who is in good standing, may procure a barcode for a fee of $25. Long-term renters may be assigned a barcode for their vehicles and family members living with them by presentation of the rental contract and their “motor vehicle registration tag and tax receipt.” Copies of these documents will be attached to the barcode application. These barcodes will be subject to renewal at the end of the lease. A copy of a new lease or renewal must be provided to renew barcodes. An advance notice of the rental agreement is to be provided to Ono House by the Agent of Property Owner and include: a. b. c. d. e.
Name(s) of renters Drivers license number, address, and state of renter Address of property being rented Duration of rental agreement List of other persons residing with the renter
Manual Pass System (Managed by the Security force; a valid driver’s license and vehicle identification will be recorded for each pass issued.)
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I.
HOUSEHOLD/EMPLOYEE PASS SYSTEM—A “white” in color paper pass will be issued to household and other persons employed on a long term basis by the property owner. These passes have a maximum ONE-MONTH duration and may be renewed by the Property Owner upon written request. These passes may be procured at the POA Administrative Office.
II.
CONTRACTOR/WORK PERSON PASS— An “orange” in color pass will be issued to contractors and other workers for duration’s up to ONE week, based upon listings provided by the property owner or contractor listed on the building permit. These permits allow access from 6:00AM to 6:30PM, and work authorized from 7:00AM to 5:00PM. (See section regarding “Contractor/Worker Rules.) The work site will be listed on the pass. Orange permits will be renewed each week, after verification from the worker listing associated to the construction permit. Orange passes are not valid for access to the Island on Sundays and designated “no work” holidays.
III.
HOUSEGUESTS/SHORT TERM RENTERS - A “yellow” in color pass will be issued to authorized house guests and short-term renters (less than six months). Authorization for issuance for these passes is approved in advance by the Property Owner.
IV.
A.
Houseguests—Houseguests may be authorized by the Property Owner in writing or telephonically to the Security Station. The Property Owner’s permanent guest list maintained by Ono House should be used for frequent guests. If a guest arrives without prior authorization, the Property Owner will be contacted. A pass may be issued for the duration of the visit provided authorization is gained by one of these options. When the number of houseguests exceeds (3) persons, such as large parties and events, the list is to be submitted in writing to avoid lengthy conversations on the emergency telephone lines in the Guard Station.
B.
Short-term renters — The notification procedures set forth in Barcode Systems above, Paragraph II for “long term renters” apply for short-term renters. With notification, the short-term renter will be issued a “yellow” pass for the duration of their rental agreement.
REAL ESTATE VISITORS/EMERGENCY REPAIR WORKERS—A “pink” in color pass will be issued for persons attending such items as a realtor sponsored open house or merely looking at real estate and responders to requests by owners for emergency home repairs. Pink passes will normally be for only TWO hours; however repair work passes may be issued for longer periods in the same day. Real estate visitors will be allowed between 9:00 and SUNSET unless modified in advance by a Real Estate Agent.
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V.
SPECIAL EVENTS—Events such as “Parade of Homes,” “Art for Heart,” and similar large traffic situations will be managed by special arrangement as agreed in advance between the Property Owner and Association Administrator. Costs for additional security and traffic management are the responsibility of the Property Owner hosting the event.
VI.
BARCODE PASS RULES AND REGULATIONS 1. 2. 3. 4.
5.
6. 7.
VII.
Barcode Passes can only be issued and must be approved by the Security Committee or Executive Committee. Barcode Pass shall at all times remain the property of Ono Island POA, Inc. The Barcode Pass shall not be mutilated or altered in any way. The Barcode Pass shall only be used by the person to whom the Pass is issued to and whose driver’s license is copied on the face of the Pass. Under no circumstances shall a Barcode Pass be issued without a copy of the driver’s license on the face of the Pass. The following shall be deemed to be legitimate reasons for the Security Committee/Executive Committee to authorize the issuance of a Barcode Pass: • 2/3 wheel motor vehicles. • Antique vehicles. • Owners that own/operate motor vehicle dealerships and change vehicles periodically. • Owners who fly and only access the Island by rented vehicles. • Jeeps, dune buggy, and other vehicles that are open air. • Such other reasons as shall be approved in the sole discretion of the Security/Executive Committee. The Applicant and Owner shall apply for and sign an application for a Barcode Pass in such form as approved by the Board of Directors. Any violation of these rules shall be subject to a $200.00 fine and/or immediate suspension of all barcode privileges of the pass holder and property owner. The suspension shall start on a date set by the Security/Executive Committee’s and the length of the suspension shall be set by the Board of Directors.
DEACTIVATED BAR CODE NOTICE The following information is provided to a homeowner that has had their barcode deactivated and attempts to use the Owner’s Lane for entry onto the Island: THE VECHICLE YOU ARE DRIVING IS ENTERING ONO ISLAND WITH A DEACTIVATED BAR CODE. USE OF THE POA VEHICLE LANE REQUIRES AN ACTIVE BAR CODE. THIS LANE IS RESTRICTED TO POA MEMBERS WITH ACTIVE BAR CODES AND YOUR USE OF THIS LANE CAUSES UNNECESSARY DELAYS FOR OTHER PROPERTY OWNERS WITH BAR CODES IN GOOD STANDING. CONTINUED UNAUTHORIZED
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ENTRY, VIA THE PROPERTY OWNERS’ VEHICLE LANE WILL RESULT IN A $50 ASSESSMENT PER INCIDENT. The gate guard staff does not have any information concerning your bar code deactivation and is not authorized to discuss your deactivated bar code problem with you. Questions regarding your deactivated bar code should be referred to the Island Administrator at Ono House: The phone number is 980-5152 or simply stop by Ono House on your way onto the Island. Fine - $50 per incident. USE AND MAINTENANCE OF COMMON FACILITIES 1. SIDEWALK: To be used by pedestrians and/or bicycles. There is to be no parking of motor vehicles on or over the sidewalk. Bicycles using the sidewalk should use consideration for the safety of pedestrians and children. Bicyclists are urged to wear protective headgear when on Ono Island sidewalks and roadways. Pedestrians using the roadway, where there is no sidewalk, should walk against traffic. Bicyclists using the roadway are to ride with the flow of traffic. Property owners are requested to maintain the appearance of the path when it borders on their property. The sidewalk may not be used by any type of motorized vehicle, except as authorized by law or as authorized by a special permit from the Board of Directors. 2. BOAT LAUNCH: Available to property owners, guests and renters ONLY for the express purpose of the launching of boats. Parking area is not to be used for overnight parking of vehicles, boat trailers, etc. Building materials and equipment are not to be kept in the vicinity of the boat launch. UNATTENDED VEHICLES AND TRAILERS MUST BE PARKED WHERE THEY CLEAR THE PAVED ROAD AND TURN-AROUND. 3. TENNIS COURTS: Available to property owners, guests and renters only. ATTIRE: Shirts and proper tennis shoes required. 4. PLAYGROUND: Equipment is designed for children between 2 years and 8 years of age. THE PLAYGROUND WILL CLOSE AT SUNSET. USE IS AT THE USERS OWN RISK. POA IS NOT RESPONSIBLE FOR THE SUPERVISION OF CHILDREN OR INJURIES INCURRED. NO UNATTENDED CHILDREN ARE ALLOWED. CHILDREN MUST BE SUPERVISED BY A RESPONSIBLE PERSON AT LEAST 16 YEARS OF AGE. NO PETS ARE ALLOWED IN THE PLAYGROUND AREA. PLEASE USE TRASH CAN FOR LITTER.
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5. ONO HOUSE: Is available for use by property owners. It is the owner’s responsibility to follow the guidelines posted on the bulletin board outside of ONO HOUSE. A fee may be charged to cover the cost of clean up if required. Check with the office manager for availability and to arrange scheduling for meetings, club functions, etc. Official Board and/or Committee meetings will be given priority. 6. ONO COMMUNITY CENTER: The Ono Community Center in Ono Commons is available for use by property owners. Use is booked through the Ono House office and governed by the Community Center Rules and Regulations. 7. RIGHT-OF-WAY: Adjacent to owner’s property must be maintained by owner. 8. FIRE STATION: UNATTENDED VEHICLES MUST NOT AT ANY TIME BLOCK THE ENTRANCE OR EXITS OF FIRE STATION. 9. EMPTY LOTS: Empty lots are private property. There will be no dumping of trash or landscape material—NO TRESPASSING. 10. MAILBOXES: For safety purposes and uniform appearance, mailboxes on the North side of Ono Boulevard and the North side of River Road shall be located north of the sidewalk. The post should be placed far enough from the edge of the sidewalk to keep the mailbox clear of the sidewalk edge by approximately one foot. In all other areas of the Island mailboxes should be located approximately four feet from the edge of the roadway.
TRAFFIC AND PARKING 1. The speed limit on Ono Island is 35 M.P.H. for all vehicles unless otherwise posted. Speeds in excess of this limit are dangerous and will accelerate the deterioration of the road surface. Because we are all ultimately responsible for the maintenance of the roads on the Island, and the safety of our neighbors, consideration of the posted speed limit is in everyone’s best interest as far as safety and economic considerations are concerned. 2. Reckless driving, driving without a legal driver’s license and driving under the influence of alcohol or drugs are prohibited. These rules will be enforced by calling the Orange Beach Police Department if such unsafe practices are observed on the Island. 3. Vehicles must come to a complete stop at all STOP signs and yield the rightof-way at all YIELD signs. 4. ATV’s (All Terrain Vehicles), dirt bikes, go-karts, scooters and any other unregistered motor vehicles shall not be used on Ono Island to include any road, the walkway, dunes, beaches and vacant lots. Motorized children’s toys are allowed only on walkways and when supervised by an adult. Use of any
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other unregistered motor vehicles on Ono Island is prohibited unless specifically approved in writing by the Board of Directors. The traffic violations schedule of fines will apply. 5. GOLF CARTS – A Golf Cart shall mean a golf cart only and not ATV’S, Gators (except for the POA’s Gator used for maintenance), Mules, Dirt Bikes, Dune Buggies, Go-Carts or the like. Only motorized golf carts, either electric or gasoline, with proper, secure and safe seats are authorized and approved for use on Ono Island roads and not on sidewalks or off the Island under the following conditions: Motorized Golf Carts shall, 1. Be operated by licensed drivers only with the driver’s license in possession of the operator at all times; 2. Be registered with the Ono Island POA and display a numbered sticker on the windshield or the right rear fender and a registration fee of $25.00 shall be paid to the Ono Island POA; 3. Show evidence of liability insurance which shall be provided to the Ono Island POA when the Cart is registered; 4. Be equipped with a secured and safe “seat” for each occupant in the cart and no sitting on fenders or standing is allowed; 5. If operated on roads between sunset and sunrise, have properly operating headlights and tail lights and a windshield; 6. Not be operated while alcoholic beverages are being consumed; 7. Be equipped with a proper muffler and/or have an equivalent exhaust noise suppression with noise levels not to exceed the stock muffler; 8. Not “tow” or allow to be towed any bicycle, coaster, roller skates, skateboard, sled, scooter or toy vehicle; 9. Obey all traffic rules and signs; and 10. Be operated by using appropriate hand signals for stops and turns. 6. Serious accidents including bodily injury should be reported to the Orange Beach Police Department. 7. FIRE HYDRANTS—Parking in front of fire hydrants or blocking them in any manner is strictly prohibited. 7. Parking is prohibited on the common property roads and road shoulders of Ono Island. Exceptions will be made for: parking on the grass or graveled shoulders on a short-term emergency basis; or temporary parking on the grass or graveled shoulders while property owners are hosting a social event. The POA Office must be notified in advance for social event exceptions. IN NO CASE IS OVERNIGHT PARKING AUTHORIZED ON THE ROAD SHOULDERS known as the right-of-way whether grass or graveled. 8. Parking of motor vehicles, trailer, etc., on or over the walkway is prohibited. Crossing the walkway to park on the other side is prohibited for vehicles heavier than a pick-up truck. 9. Vehicle parking is permitted on the grass shoulders at a construction site. Any damage to the grass or other natural vegetation at such sites must be repaired as part of the site landscaping. 10. Boats and trailers (of any type) may not be stored on unimproved lots. Boats and trailers (of any type) [limit one boat and two trailers per property]
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may be stored on improved lots but must not be clearly visible to other property owners or must be stored with 5 feet of owner’s house or garage. Multiple personal water craft on one trailer shall be the same as one boat. The goal is to assist in the overall beautification and property values of all property on Ono Island. Upon issuance of the first citation, the violator shall have 30 days to correct the violation and if corrected, the fine, but not the violation, shall automatically be waived. There shall be no automatic waiver of the fine for any subsequent citations and the fine shall commence immediately. The Administrator, upon good cause shown, may grant an exception to this rule for a time period of no more than seven days. The fine for violating this section shall be $100 per day. 11. The parking area located at the corner of Palmetto Court and ONO Blvd., the roadway parking area across from ONO House, and the parking area directly in front of ONO House are to be used by residents and guests for TEMPORARY PARKING. These areas are not to be used for boats, trailers or other items that should be kept on owner’s properties. No contractor equipment or materials are to be stored or parked in these areas. 12. Employee vehicles must be parked only on the premises of their employer. 13. Rules of the Road and Prohibiting Uses of the Roads that Impede Vehicle Traffic Flow - All uses of the POA Roads of Ono Island shall comply with all traffic laws and regulations of the Federal Government, State of Alabama and the POA the same as if they were public roads of Alabama and the failure to do so shall be deemed a violation of the Rules and Regulations of Ono Island. This compliance requirement shall be in addition to and not instead of any other Rules & Regulations of Ono Island. No use of POA Roads shall impede the flow of traffic or create an unsafe and/or hazardous traffic condition, except as may be reasonably necessary for delivery and/or construction purposes, in which event the commands of Ono Island Security and/or Administrator shall be followed. The violation of impeding the flow of traffic and/or the failure to follow the commands of Security/Administrator shall be deemed a violation of the R & R the same as that for Reckless Driving. Groups and/or organizations, larger than a normal family outing, whether formally or informally gathered, are not allowed to use the POA Roads. This includes running, walking, rollerblading, roller-skating, skateboarding and/or biking groups. The full BOD, at a duly called meeting, is authorized to grant an exception to this prohibition on a case by case basis. GENERAL CONDUCT NOISE, NUISANCES No obnoxious or offensive activity or loud boisterous conduct is permitted on any residential lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. SOLID WASTE REGULATIONS 1. HOUSEHOLD GARBAGE (Solid Waste) Residential property owners are required by Baldwin County Solid Waste (BCSW) to maintain weekly January 2012
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garbage service. Twice a week service is also available. To schedule garbage service, or obtain a garbage can, contact Baldwin County Solid Waste Department at Phone 251-972-6878.
Container Requirements: When placed on the road right-of-way for collection, all household garbage must be properly secured in a closed garbage can or heavy duty brown/black plastic garbage bags, at least 2 mils thick, tightly secured and closed. White kitchen bags and/or other thin plastic garbage bags are not allowed unless placed inside the securely closed garbage can and cannot be left at the curb outside of the garbage can. Collection: Garbage cans, or garbage bags, cannot be placed on the road rightof-way earlier than the evening before the day of collection. The emptied garbage cans must be removed from the road right-of-way no later than 24 hours after collection. Garbage cans not properly removed from the road rightof-way, or properly stored in a wooden corral within this time frame will be considered in violation. A service charge will be levied against any owner who is in violation of this provision to cover the cost of removing the garbage container from the right-of-way. Owners may pre-pay for a minimum of six month’s service for the POA to roll back their garbage containers. This does not preclude owners from using a private service if they wish. Owners not present during the scheduled collection days are asked to consider the following options to ensure compliance with this regulation: (a) Use disposable plastic garbage bags. POA Office has 3mm thick bags
for sale. (b) Ask a neighbor to put your garbage out, and take in cans if necessary. (c) Sign up for the pre-paid POA roll-back service, or retain a private service. Contact the POA Office for a list of companies that provide this service.
Household garbage must be properly bagged and/or in a trash can and shall be placed in the road right-of-way no earlier than the night before the scheduled pick up. Any littering of household garbage, or the like, loose garbage (not secured in a bag or trashcan), improperly bagged garbage and/or garbage bags/cans placed or left in the right-of-way late of pick up are not permitted. Garbage bags/cans placed late of pickup which are rolled back before 12:00 PM the day after pickup shall not be considered a violation of this paragraph. Large empty shipping cartons or crates need not be bagged or placed in trashcans. A violation of any provision of this paragraph is subject to a $ 100.00 fine. Notwithstanding any language to the contrary in the R&R’ s it shall be a violation subject to an immediate $ 1,000.00 fine for anyone to place garbage on any property without the owner’s permission and said fine shall not be waived. Trash Cans Returns and Rollbacks: All trash cans, including those in corrals, not removed from right-of-way by noon the day after collection shall be assessed $ 10.00 for returning each trash can back to the house. If trash cans are not removed from right-of-way the day after collection on more than one
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occasion, fines shall be doubled. Trash cans must be pulled back to a house and not left on right-of-way. 2. WOODEN STORAGE BINS (Corrals): As of July 30, 2004, no new corrals can be constructed. Existing structures (corrals) will be Grand Fathered. The Grand Fathering entitles the present property owner to keep their corral, but with conditions. (a) Existing wooden corrals must be properly maintained, and cannot be enlarged. (b) Corrals cannot be located closer than 8 ft from the outer edge of the asphalt street. (c) When ownership of the property changes, the corral must be removed. (d) Any corral the POA deems in poor condition, or improperly located on the road right-of-way, will have 60 days from the date of written notice to bring the structure into compliance, or it will lose its Grand Fathering clause and be removed. Please contact the POA Office if you wish your corral removed. There is no charge from the POA for corral removal. 3. YARD DEBRIS & BULK WASTE: Property owners are responsible for disposing of their yard debris and bulk waste. Yard debris (tree limbs, clippings, etc.), or bulk waste (mattresses, furniture, lumber, appliances, etc.), CANNOT BE ON THE ROAD RIGHT-OF-WAY UNTIL THE DAY BEFORE THE DATE OF COLLECTION. Be advised that BCSW weekly garbage pickup does not allow for collection of yard debris or bulk waste. At no cost, residences are entitled to have Baldwin County Solid Waste collect their debris. BCSW will remove from the road right-of-way a maximum of two (2) cubic yards of debris and bulk waste per collection. BCSW states that this is approximately the volume a pickup truck will hold. The BCSW collections are done on a CALL FOR SERVICE BASIS. (Ph: 251-972-6878). To schedule pickup, or for detailed guidelines, contact Baldwin County Solid Waste. Each residence can have the yard debris and bulk waste pickup from BCSW every six (6) weeks. BCSW does NOT pickup from vacant lots. As an alternative, residents may contact the POA office for a list of independent companies which, for a fee, will dispose of your debris. Disposal of yard debris and bulk waste are a logistics problem for all Ono property owners. Here are some suggested options: (a) Utilize the Baldwin County collection service. (b) Coordinate with neighbors for planned removals. (c) Hire an independent landscape company, or contractor.
(d) Contact POA Office for a list of volunteers who have offered to help.
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Yard debris (Debris) may not be left on the road right-of-way for more than 48 hours. Debris left in the right-of-way longer than 48 hours is a violation subject to a fine of $50.00 and the POA may have the Debris removed and charge the property owner the cost of the pick-up plus a $ 50.00 service fee. Second offense shall be a fine of $100.00 and the third offense shall be a fine of $500.00; and, in each case the POA may have the debris removed by a commercial contractor and charge the property owner the cost of the pickup plus a $50.00 service fee. Notwithstanding any language to the contrary in these R&R’s it shall be a violation subject to an immediate $1,000.00 fine for anyone to place Debris on any property without the owner’s permission and said fine shall not be waived.
4. GENERAL CONDUCT: Owners, whether their property is a residence or unimproved lot, are responsible for keeping the right-of-way adjacent to their property clean. Any residential waste, yard debris, or other litter left on the road right-of-way for more than 10 days is subject to a POA fine, plus the cost of removal. 5. IMPROPER DISPOSAL: Trash, of any nature, is not to be disposed of on a vacant lot, residential property, road right-of-way, POA property, waterway, marsh, etc. Anyone that disposes of trash, yard debris, or any such waste, on property they do not own, will be subject to a POA fine of up to $1000.00 plus the cost of removal of the waste. 6. RESOLVE DISPUTES OF RIGHT TO VOTE: In the event a dispute between or among joint owners is brought to the attention of the Board the Administrator will ascertain the identity of the owners of record and the one vote associated with the property will be prorated among the owners of record at the time the vote was taken. The cost of determining ownership shall be charged to the owners of the property at issue. ANIMALS 1. Only household pets of property owners/renters are permitted to be kept on Ono Island. The owner/renter should register pets with the Ono Island Security. Pet registration forms are available from Security or at the POA office. Guests of property owners are permitted to bring their household pets onto the Island with them. 2. Property owners are responsible to see that their pets (and those of their guests) do not constitute a nuisance. Pets will be leashed or under owners immediate control when not on owners property. They are not permitted to run free outside the perimeters of the property owner’s lot or invade the roads, bridges, or common areas and facilities belonging to the Property Owners Association. Owners whose pets become a nuisance or danger to others will be required to permanently remove the animal from their premises.
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3. Owners are responsible for the “droppings” from their pets and must clean up after them. Devices such as “scoopers” are appropriate to keep your neighbor’s property and the common areas sanitary. 4. WILD ANIMALS Section 1. Findings: (a)
(b)
(c)
The Property Owners Association of Ono Island, Inc. (“POA”) prohibits certain activities relating to the treatment of the wildlife on its property. The POA’s wildlife community is adversely affected by feeding, specifically: (1) providing artificial food sources to wildlife causes overpopulation of the species, starvation and epidemics of disease; (2) wildlife have specialized diets and suffer from the introduction of artificial food sources; (3) feeding causes injuries and harmful interactions between wildlife species and human beings; and (4) feeding wildlife causes wildlife to lose their natural fear of human beings. The POA’S Board of Directors has deemed it in the best interest of Ono Island to add to those prohibited activities.
Section 2. Definitions: (a)
(b)
(c)
(d)
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Wild Animals / Wildlife means any live animals living in the wild state, including but not limited to coyotes, raccoons, foxes, feral cats, or any other warm-blooded animal, marine mammal, reptile and other amphibious animal found in the wild state, but excluding however venomous reptiles and rabid animals. Take means to harass, capture, collect, or kill, or attempt to harass, hunt, capture, collect or kill any wild animal. This includes, without limitation: the collection of dead animals or parts thereof; the restraint or detention of wild animals, no matter how temporary; tagging wild animals; the negligent or intentional operation of motor vehicles, aircraft or vessels, or the doing of any other negligent or intentional act which results in disturbing or molesting wild animals; and feeding or attempting to feed wild animals. Harassment means any act of pursuit, torment, or annoyance which has the potential to injure a wild animal; any act of pursuit, torment or annoyance which has the potential to disturb a wild animal by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. Feeding means the offering, giving, or attempting to give food or non-food items to wild animals. It includes operating vessels or providing other platforms from which feeding is conducted or
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supported. It does not include the routine discard of by catch during fishing operations or the routine discharge of waste or fish byproducts from fish processing plants or other platforms if the discharge is otherwise legal and it incidental to operation of the activity. Section 3. Prohibited Acts: It shall be prohibited for any person to take, harass or feed any wild animal within the corporate limits and jurisdiction of the Property Owners Association of Ono Island, Inc. This provision shall not prohibit the feeding of fish and shall not prohibit planting for the purpose of providing feeding plots, wildlife viewing areas or nuisance species control sites. Section 4. Penalties: First violation - $100.00; Second $200.00; Third - $500.00; Subsequent $1,000.00. Each day shall be considered a separate violation.
FIRES, FIREARMS, PELLET GUNS, AIR GUNS, AND FIREWORKS 1. The use of firearms, pellet guns, air guns, fireworks, or any other weapon is PROHIBITED on Ono Island. Fireworks are prohibited on Ono Island. FIRE PROTECTION 1. Unrestricted access to all fire hydrants on ONO Island by the fire department MUST be maintained. It is the responsibility of each owner of property immediately adjacent to a fire hydrant to keep the same clear and unobstructed by landscaping, fencing, shrubbery, railroad ties, etc. 2. Open fires of any kind are not allowed. Care should be taken with charcoal fires, especially on wooden deck areas. Any type of cooking fire (gas or charcoal) should be carefully monitored at all times.
CONTRACTOR/WORKER RULES 1. Work is allowed between 7:00 A.M. and 5:00 P.M., Monday through Saturday ONLY. NO CONTRACTOR WORK OF ANY KIND IS ALLOWED ON SUNDAY, LEGAL HOLIDAYS OR ANY OTHER SO SPECIFIED DAY, except for emergencies. Work restrictions for legal holidays will be posted in advance of the holiday in the guard station. 2. Deliveries of building materials are allowed between 7:00 A.M. and 4:00 P.M., Monday through Saturday ONLY. NO deliveries are permitted on Sunday or specified holidays. The delivery of appliances, cabinets, etc. associated with a new residence and/or a remodel will be considered building materials. 3. Portable toilet facilities must be provided on construction sites in an inconspicuous location. They are not permitted to be on the road right-of-way.
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4. A DUMPSTER/WASTE CONTAINER for construction debris and waste must be provided on the construction site. 5. A CONSTRUCTION FENCE must be provided on a new residence or a major remodeling construction site. At a MINIMUM, the fence will be erected on the building set back lines. 6. A neat construction site must be maintained. Loose trash and debris on a construction site that can be scattered by the wind to create a nuisance on neighboring properties must be contained on the construction site. The site must be cleaned up daily. 7. BURNING OF TRASH AND DEBRIS IS PROHIBITED. 8. Building materials and/or equipment shall not be stored on a lot that has not received a building permit from the Ono Island Property Owners Association of Ono Island, Inc. 9. Contractor/worker vehicles, trailers, and equipment of any kind MAY NOT be left on the road right-of-way AFTER 6:00 P.M. 10. Building materials and supplies of any kind (including landscaping materials) shall not be placed on the road right-of-way or other common property, such as the boat launch area, AT ANY TIME. 11. All contractors and workers shall adhere to the posted speed limits and traffic regulations of the State of Alabama. 12. Parking must be confined to the property where the construction/work is being conducted when possible. 13. Parking is permitted on an adjacent property ONLY with prior written approval of the owner of such property. 14. Parking is NOT PERMITTED on or over any portion of the walkway. 15. Parking is NOT PERMITTED on any portion of the paved roadway. 16. Parking of vehicles at work sites for the purpose of advertising is NOT PERMITTED. 17. Contractors and/or their employees are NOT PERMITTED to use any of the common facilities/amenities of Ono Island, i.e. beaches, lakes, canals, dunes, piers, boat launch, etc. 18. The use of properties neighboring a construction/work site is not allowed without written permission of the owners of those properties. 19. Workmen’s radios must not be played so loud as to create a nuisance to neighbors. 20. Workers shall not engage in conversation that contains profanity and/or is loud enough to disturb neighbors, nor are there to be any other unnecessary disturbing noises on the job site. 21. Family members and friends of contractors and/or workers are NOT ALLOWED to visit the construction/work site. 22. Contractors/workers are NOT PERMITTED to bring pets onto the Island. 23. Contractors/workers are NOT PERMITTED to bring firearms onto the Island. 24. Contractors/workers MAY NOT remain at a construction site overnight. 25. Contractors/workers MAY NOT consume alcoholic beverages or use illegal drugs of any type while on Ono Island. 26. Builders of waterfront structures are not permitted to store materials, tie-up barges and boats, or leave construction scraps/debris or vehicles or trailers in the area of the boat launching ramp. 27. Construction scraps and debris must be retrieved from the water.
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SIGN REGULATIONS 1. Any sign located on a platted lot may be no more than four (4) square feet and no higher than six (6) feet in total length above the ground. 2. Only one FOR SALE or FOR RENT or contractor FOR DEVELOPMENT or WILL BUILD sign may be placed on the property at any time, unless said property is waterfront in which case one (1) additional sign may be placed on the waterfront. Therefore, if a house is being advertised both FOR SALE and FOR RENT, a combination sign must be used to advertise this situation. An acceptable alternative be a FOR SALE sign with a small FOR RENT attached to it so long as the combination of signs does not exceed four (4) square feet. 3. ONLY the primary general contractor may place a sign on the construction site during the construction of the home. An architect and general contractor may place a combined sign on the property if it does not exceed four (4) square feet during the active construction. It is permissible for SOLD, OFFER PENDING, OPEN HOUSE or WILL BUILD small signs to be attached to the primary FOR SALE sign if the total sign area does not exceed four (4) square feet. 4. No COMMERCIAL sign may be lighted in any manner. 5. The FOR SALE/SOLD sign must be removed within two (2) days after the closing occurs. 6. No signs are permitted on the road right-of-way. 7. All signs may only be placed parallel to the roadway. 8. No subcontractor signs of any nature, including an architect sign, shall be placed on the property. If desired, and architect and general contractor may place a combined sign on the property during construction of the property, if it does not exceed four (4) square feet. It is permissible for SOLD, OFFER PENDING, OPEN HOUSE or WILL BUILD small signs to be attached to the primary FOR SALE sign if the total does not exceed four (4) square feet. 9. Signs announcing an Open House are allowed the day before and the day of the Open House. Directional signs leading to an Open House are allowed one hour prior to the Open House and must be removed within one hour after the Open House. 10. No sign, neither Realtor nor contractor may be placed on any property without specific permission of the owner. 11. Property owner personal signs that note a residence name shall not be subject to the aforementioned regulations. This does not, however, preclude Board action if said sign is, in the Board’s sole opinion, intrusive or in poor taste and detracts from the unique character of Ono Island. 12. Security alarm signs can be placed in the front yard and/or rear yard and it must be integrated into the landscaping. The size of the sign cannot exceed one (1) square foot and will be limited to one sign at the front or rear. Those homes situated on a waterfront may have two security alarm signs but will be limited to one sign at the front and/or one sign at the rear of the residence for a maximum of two security signs per waterfront home. 13. political signs may be placed on private property 30 days prior to the election and must be removed within 3 days after the election. Signs cannot be larger than 18” x 24”. 14. No other signs of any type shall be erected or maintained on Ono Island or on any Lot, at any time by anyone, without limitation, except as noted herein or which has been specifically approved in writing by the Board of Directors. 15. Penalties for violation of the above policies: Designated representatives of the Board of Directors will remove and dispose of any and all signs in violation of the above policy.
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PERMITS—ARCHITECTURAL CONTROL 1. A building permit from the Property Owners Association of Ono Island Architectural Control Committee or its designee is required for all (but not limited to), construction, remodeling, repairs to existing structures, (such as exterior painting, roofing, etc.), storm shutters, fences, driveways, swimming pools, piers, boathouses, topography changes, and landscaping. 2. Blank application forms and the required “Warranty” forms are available at the POA office. A checklist of the required documents is also available at the office. 3. Completed applications and related documents for permits may be filed at the POA office Monday through Friday during normal office hours. All applications for construction must be submitted no later than the close of business on Friday so that they can be checked for completeness. 4. The Architectural Control Committee meets the first and third Wednesday of each month and will not consider any application that is not complete. 5. An application to construct a new residence, an auxiliary structure, an addition to a residence, or relocate an existing structure MUST INCLUDE: A. A U.S. Army Corps of Engineers, Mobile District, Permit for work in surrounding waters, Ono canals, or wetlands. B. Alabama Department of Conservation and Natural Resources, State Lands, Permit for work in surrounding waters, Ono Canals, or wetlands. C. Baldwin County Land Use Certificate, approved by Baldwin County Planning and Zoning Department, for building, remodeling, demolition, and repairs. D. Ono Harbour, Ono North, Canal Owners’ Association, or ONOMAR subdivision ACC approval (as appropriate). E. POA of Ono Island PERMIT APPLICATION (ACC Form 1), with: 1. POA HOMEBUILDERS AFFIDAVIT (ACC Form 3) 2. POA Warranty for work signed by owner applicant and contractor (ACC Form 4). 3. Surveys (NOTE – THE FOLLOWING MAY BE INCORPORATED INTO A SINGLE DOCUMENT. Two copies of the surveys supplied are required): a. Boundary survey b. Topographic Survey c. Topographic survey with water distribution plan in the case more than 6 inches of earth is moved, fill is brought in, excess earth is removed, or dredged earth is placed on the property. This document must be approved by an engineer certified with the State of Alabama who is practicing in hydrology. d. Plot plan showing construction foot print, setback lines, structures on adjacent lots, trees over 3 inches in diameter measured 4 feet above the ground, driveway and parking areas, and planned walkways. 4. Complete building plans showing names of the DESIGNER
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PROFESSIONAL with the designer’s signature and date. TWO COPIES shall be submitted with BALDWIN COUNTY APPROVAL STAMPED THEREON, one which will be returned with any comments deemed appropriate by the ACC. Plans submitted on graph paper shall be to scale ¼ inch = 1 foot. F. DESIGN PROFESSIONAL The DESIGN PROFESSIONAL shall be an architect or engineer legally registered under the laws of Alabama regulating the practice of architecture or engineering and shall affix his/her official seal to said drawings, specifications and accompanying data. G. CIVIL ENGINEER/LAND SURVEYOR The Civil Engineer and Land Surveyor shall be legally registered under the laws of Alabama regulating the practices of engineering and land survey. They shall affix their official seal, sign and date drawings presented to the ACC with the permit application. Field work shall be within sixty (60) days of the submission of the construction permit application. The Engineer/Land Surveyor must be approved by the Ono Island POA Administrator before performing field work for items required for permitting. All field work and plat drawings shall be to the Standards of Practice for Surveying in the State of Alabama, Effective May 7, 2002. H. BOUNDARY SURVEY The survey shall make visible all property corners by placing a ¾ inch white PVC pipe at all property corners, with two feet in the ground and 3 feet above ground and topped with red or orange colored 12-inch vinyl streamers. I. SETBACKS Front and rear setbacks shall be marked at property side setback lines in the same manner as markers at corners, topped with blue colored 12-inch vinyl streamers. J. TOPOGRAPHIC SURVEY The Topographic Survey shall show contour elevation lines across the property, drawn on a plot plan. The control recorded benchmark from which established contour lines of elevations are drawn on the property topographical survey plot plan must be identified on the plan by location and base elevation. K. CONSTRUCTION LAYOUT SURVEY (House Stake Survey) This survey shall be performed with plat drawing of same and shall be delivered to the POA Office BEFORE CONSTRUCTION PERMIT IS SIGNED OFF TO START FOUNDATION (slab or pilings). The POA Administrator shall view the House Stake Survey and construction site and give approval to start said work provided all covenants are met. L. AS-BUILT SURVEY An as-built survey shall be performed with a plat drawing of same. It shall be delivered to the POA Office along with a copy of the Baldwin
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County Certificate of Occupancy in order to finalize the original permit to construct. The survey will include: Surveyor’s Signature Alabama License number Current year Baldwin County Business License number Current year E&O Insurance Company name, policy number and telephone number. M. A deposit is required with an As Built Survey for all new permit requests for the building of a new residence or for an addition to an existing structure that is submitted to the ACC Committee if the property owner does not already have an As Built Survey. The Rules and Regulations state that all property owners are required to provide an As Built Survey when requesting a permit from the ACC Committee. Following is the Schedule. • $500 New Addition or Pool • $750 New Residence ACC REQUIRED CERTIFIED TO SCALE RENDERING A single certified document, for example, an As Built Survey or site plan, is required showing a to scale drawing depicting the proposed location of the new or rebuilt work on the lot, including all set backs being noted. No applications will be approved without such rendering. N. VOLUNTARY ROAD IMPACT FEE In the event cement will be used in the project, the concrete impact fee form must be completed (ONO Form 5) 6.
7.
WATERFRONT STRUCTURES shall be designed in accordance with Ono Island guidelines for perimeter lots or canal lots as appropriate. For perimeter lots, design shall include consideration for setbacks from extended lot lines, intrusion into unmarked and marked navigation channels, and interference with boat operation and its conformity and harmony with existing structures in proximity to the project. For canal lots design shall include consideration for setbacks from extended lot lines, interference with boat operation from adjoining properties and in the case of indentations, the disposal of excavated materials. GUIDELINES FOR PIERS AND BOATHOUSES ON BAYOU ST. JOHN AND OLD RIVER. A. Piers and boathouses may be constructed by observing the setback lines from extended property lines into the water as specified in the individual unit covenants. B. Piers and boathouses must not interfere with navigation. Excessive intrusion into the waterway for the sole purpose of obtaining a view will not be permitted.
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C. The overall length of a pier and boathouse is limited to 150 feet. If a greater length is required because of special circumstances, the Architectural Control Committee will give the request careful consideration for permitting. D. The maximum allowable height of a boathouse shall be 20 feet from the peak of the roof to the surface of the water measured from mean high tide. The height limits for boathouses do not include cupolas that may be up to three feet higher than the main roof peak. The outside dimensions of the cupola shall not exceed four feet, and the roof pitch shall be the same as the boathouse roof. E. Roofs are to be compatible with that of the residence with a suggested slope of 4 in 12. F. A flat roof with a safety rail on all sides may be utilized as a sundeck, but is restricted to the 20 feet height limitation from the top of the rail to the surface of the water. No roof is permitted above the sundeck. G. The maximum size of a boathouse and/or deck is limited to 40 feet by 40 feet. H. The maximum allowable width of a pier is 5 feet. I. A storage room no longer than 4 feet by 8 feet and 9 feet measured on the diagonal (32 square feet) is permitted. J. No full sides are permitted. K. An enclosed soffit is permitted. L. A drop down side from the eaves is permitted so long as it does not exceed 24 inches. M. Separate mooring pilings are permitted so long as the side setback lines from the property line extended into the water is maintained. N. Floating piers/docks are not permitted. 8. PIERS AND BOATHOUSES ON CANALS DESIGNATED AS 60 FEET WIDE. A. No shoreline indentations are permitted on 60 feet wide canals. B. The overall length (dimension running parallel to the shoreline) of piers and boathouses including mooring pilings is limited to a factor of .375 times the width of the lot at the shoreline). As example, an 80foot wide lot would be limited to a 30-foot long pier and/or boathouse. The maximum width is 14 feet. C. Piers and boathouses must be located at least 12 inches from the underwater grass fringe along the canal. D. Maximum intrusion of the outside piling face of the pier, boathouse or mooring piling shall be 15 feet from the canal centerline. E. Walkways across the grass fringe to a pier or boathouse may be no wider than 4 feet. F. The maximum allowable height of a boathouse shall be 16 feet 6 inches from the peak of the roof to the surface of the water measured from mean high tide. The height limits for boathouses do not include cupolas that may be up to three feet higher than the main roof peak. The cupola roof is to be of the same pitch as the boathouse roof.
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G. Roofs are to be compatible with that of the residence with a suggested slope of 4 in 12. H. A flat roof with a safety rail on all sides may be utilized as a sundeck, but is restricted to the 16 feet height limitation from the top of the rail to the surface of the water. No roof is permitted above the sundeck. I. A drop down side from the eaves is permitted so long as it does not exceed 24 inches. J. Vertical storage closets are not permitted. Overhead storage and dock boxes are allowed. K. In an effort to insure the water quality of the canal system, fish cleaning facilities are not permitted on canal piers and boathouses. L. Mooring pilings are permitted but their placement is subject to the side setback requirements of the unit covenants and restrictions and may not be further into the canal than the pier and boathouse maximum distance. M. Floating piers/docks are not permitted. 9. PIERS AND BOATHOUSES ON CANALS DESIGNATED AS 40 FEET WIDE. A. Piers and boathouses may be constructed by observing the setback lines from extended property lines into the water as specified in the individual unit covenants. B. Shoreline indentations are required on 40 feet wide canals. C. The mouth of the indented boat slip shall be located 15 feet from the property lines as extended into the canal. D. The maximum depth of the indentation is 10 feet. E. The marsh grass fringe (underwater grasses) must be reconstructed in accordance with the Corps of Engineers permit. To guarantee that this is accomplished, a promissory note or grassing bond in the amount of $2000.00 must be supplied to the POA at the time the permit is issued by the Architectural Control Committee. The note/bond will be kept in the property file until the Corps of Engineers inspects and approves the reconstruction. If the reconstruction is not done and approved by the Corps within 24 months, the note/bond will be exercised by the POA to accomplish the reconstruction. F. The maximum allowable length (dimension running parallel to the shoreline) of piers and boathouses including mooring pilings is limited to a factor of .375 times the width of the lot at the shoreline. As an example, and 80-foot wide lot would be limited to a 30-foot long pier and/or boathouse. The maximum width is 14 feet. G. Piers and boathouses must be located at least 12 inches from the underwater grass fringe along the canal. H. Maximum intrusion of the outside piling face of the pier, boathouse or mooring piling shall be 15 feet from the canal centerline. I. Walkways across the grass fringe to a pier or boathouse may be no wider than 4 feet.
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J. The maximum allowable height of a boathouse shall be 16 feet, 6 inches from the peak of the roof to the surface of the water measured from mean high tide. The height limits for the boathouses do not include cupolas that may be up to three feet higher than the main roof peak. The cupola roof is to be of the same pitch as the boathouse roof. K. Roofs are to be compatible with that of the residence with a suggested slope of 4 in 12. L. A flat roof with a safety rail on all sides may be utilized as a sundeck, but is restricted to the 16 feet, 6 inch height limitation from the top of the rail to the surface of the water. No roof is permitted above the sundeck. M. A drop down side from the eaves is permitted so long as it does not exceed 24 inches. N. Vertical storage closets are not permitted. Overhead storage and dock boxes are allowed. O. In an effort to insure the water quality of the canal system, fish cleaning facilities are not permitted on canal piers and boathouses. P. Mooring pilings are permitted but their placement is subject to the side setback requirements of the unit covenants and restrictions and may not be further into the canal than the pier and boathouse maximum distance. Q. Floating piers/docks are not permitted. 10. OPEN UTILITY WHARFS A. Open utility wharfs are permitted on canals designated as 60 feet wide and 40 feet wide. B. Indentations are not required on a canal designated as 40 feet wide for the construction of an open utility wharf. C. As the name implies, roofs are not permitted. D. The use of an open utility wharf is limited to sun bathing, crabbing, fishing, and the temporary mooring of small watercraft. E. Permanent mooring of any size and style watercraft is not allowed. F. Walkways across the grass fringe to an open utility wharf may be no wider than 4 feet. G. The maximum width of an open utility wharf is 4 feet, measured from the outside face of the piling. H. The maximum length (parallel to the canal) is limited to 20 feet. I. Open utility wharfs must be located at least 12 inches from the underwater grass fringe along the canal. J. Dock boxes are permitted on open utility wharfs. K. Mooring pilings are not permitted in conjunction with this type of structure. L. Floating wharfs are not permitted.
PERMIT APPLICATIONS FOR ALL WATERFRONT STRUCTURES must contain the following documents. • A PERMIT FROM THE ARMY CORPS OF ENGINEERS. • AN APPROVED BALDWIN COUNTY LAND USE CERTIFICATE.
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A COMPLETE SET OF ARCHITECTURAL PLANS. Design must be developed for the specific lot and show proposed elevations in sufficient detail to allow for proper evaluation by the committee. • A SURVEY OF THE LOT PREPARED BY A LICENSED LAND SURVEYOR. The survey shall show all lot dimensions, lot corners, road right-of-way, setback lines and easements and any trees that are three inches or greater in diameter four feet above the ground that need to be removed. • IF DREDGING OR EXCAVATION FOR AN INDENTED BOAT SLIP IS INTENDED A TOPOGRAPHICAL SURVEY OF THE LOT PREPARED BY A LICENSED LAND SURVEYOR. The survey shall accurately depict the existing contour elevations and the location of trees that are three inches or greater in diameter four feet above the ground. NOTE: A COMBINED LOT SURVEY AND TOPOGRAPHICAL SURVEY MAY BE USED. • A COMPLETELY DEVELOPED SITE PLAN. The site plan shall show the location of proposed structures relative to setback lines, harmony with existing structures, and original and finished grades in sufficient detail to allow for proper evaluation of the proposed site by the Architectural Control Committee. • SIGNED APPROVAL FROM THE ONO HARBOUR PROPERTY OWNERS ASSOCIATION IF APPLICABLE. • SIGNED APPROVAL FROM THE ONO NORTH PROPERTY OWNERS ASSOCIATION IF APPLICABLE. • IN THE CASE OF AN INDENTED SLIP ON A 40 FOOT CANAL, A BOND OR PROMISSORY NOTE IS REQUIRED TO GUARANTEE THE RE-GRASSING OF THE TIDAL SHELF AND SIDE SLOPES AS INDICATED IN THE CORPS OF ENGINEERS PERMIT. 11. LANDSCAPING PERMITS In order to preserve the unique natural beauty of Ono Island and guarantee the future protection of existing dunes and grasslands, environmental integrity, esthetic harmony with the natural terrain, and to protect and promote the value of the properties on Ono Island the following guidelines for the review and permitting of landscape projects shall be followed. Landscaping Permits are required for: • Any project requiring excavation of fill by mechanical means (i.e., not done by hand). • Any project outside of the building setback lines as established by covenant or recorded plat. • Any project employing a commercial landscaper either as a contractor, sub-contractor or in any other capacity including consulting. • COVERAGE: Limited to 50% of the area outside of the building setback lines. • TREE REMOVAL: A permit is required to remove any tree greater than 3 inches in diameter, measured 4 feet above ground. January 2012
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IRRIGATION SYSTEMS: Permitting is required for irrigation systems and irrigation wells. • SOD: Sod is limited to the area within the building setback lines and 50% of the area outside of the building setback lines, with the exception of the primary dune face where sod is not allowed. • FILL/EXCAVATION: Outside of the building setback lines, fill or excavation may not be greater than 6 inches without a variance. • PRIMARY DUNE: Those units whose front building setback is defined as the crest of the dune line (Units 1, 3, 4, 5, 9, 22, 23, and 26) may not change or alter in any manner the face of the primary dune. • NEW CONSTRUCTION: A landscaping plan shall be included as part of the overall site plan. A fully developed plan on a topographical survey is required. • Landscaping in the road right-of-way is AT THE OWNER’S OWN RISK and will be considered for permitting. However, no permanent structures such as fences, curbs, and concealment of utility boxes and fire hydrants is allowed. Owners must recognize the rights of utility companies to maintain their installations in the right-of-way without obligation to restore landscaping. 12. Changes to permitted projects which involve the appearance, footprint, positioning on the property, etc. must be approved by the Architectural Control Committee. A “STOP WORK ORDER” will be issued for violations and fines levied for the dollar amount necessary to correct the unauthorized work plus damages. 13. Utility companies are required to notify the POA regarding what and who is doing new construction on the Island. 14. Removal of sand from the Island is prohibited. The POA request property owners to move sand to a POA designated location on the Island.
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ACC FINES
THE ESTABLISHMENT OF PENALTIES FOR (1) VIOLATIONS OF THE RULES AND REGULATIONS OF THE ASSOCIATION FOR CONSTRUCTION ACTIVITIES WITHIN ONO ISLAND SUBDIVISION; (2) VIOLATIONS OF THE ARCHITECTURAL APPROVAL AND BUILDING PERMIT ISSUED BY THE ARCHITECTURAL CONTROL COMMITTEE OF THE ASSOCIATION; (3) VIOLATIONS OF THE CONSTRUCTION COMPLIANCE AGREEMENT AS EXECUTED BY OWNER(S) AND CONTRACTOR(S) PERFORMING WORK IN ACCORDANCE WITH A PERMIT ISSUED BY THE ARCHITECTURAL CONTROL COMMITTEE OF THE ASSOCIATION Violation Stop Work Order
Fines and/or Assessments $1,000 per day until (1) the cessation of unapproved work and/or (2) the conformance of the work performed to appropriate work authorization.
Substantive Changes to Work
$250 per day for first violation and $500 per day for each subsequent violation of the terms of the Permit until work performed is in compliance with Permit.
Authorized by Permit
Damage Caused to Common Areas
$250 per day for first violation and $500 per day for each subsequent violation until (1) the cessation of unapproved work and/or (2) damage has been repaired.
Dune Destruction - Each linear foot of destroyed crest may be considered as a single violation
$250 for first violation and $500 for each subsequent violation.
Tree Cutting - Each tree cut may be considered as a single violation
$150 for first violation and $250 of each subsequent violation.
Failure to Provide Proper Insurance
$100 per day.
Illegal Entry on to Ono Island Subdivision
$100 for first violation and $200 for each subsequent violation.
Violation of Voluntary Road Impact Fee Agreement
$100 for first violation and$200 for each subsequent violation.
Failure to Provide Final “As Built Survey”
$1000 and CO Within 60 Days
Note: Contractors and Owners shall remain subject to fines for violations of the General Rules and Regulations of the Association. Note: Contractors and Owners shall be liable of all damage caused by their actions to the property within Ono Island Subdivision and all costs related to the repair and restoration of said damage.
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SECURITY
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FALSE ALARMS—A fee of $50.00 will be charged to the property owner by the Property Owners Association after the 3rd response to an owner’s property if the alarm activation is determined to be false, following an inspection by our security guards.
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ISLAND SECURITY FORCE—The Island Security Force is employed and commissioned by the Board of Directors of Ono Island, Inc. for the sole purpose of maintaining the privacy, safety, security and integrity of all Ono Island properties, property owners, renters, and guests. Please make every effort to cooperate with our Island Security Force at every opportunity. A “Good Neighbor” policy is in effect at all times and under all conditions on Ono Island. Your cooperation will be appreciated.
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PROCEDURE FOR INTERVIEW OF MINOR CHILDREN – Definitions: 1. Minor child is defined as any child under the age of 18 (19). 2. Interview is defined as any discussion between security officers and a minor child which could result in that child being involved in a civil or criminal action, either as a witness or defendant. The following process will be followed in all cases, when interviewing a minor child: 1. Whenever possible, the interview should be conducted during reasonable hours (daytime, Monday-Friday) and in a private location so as to maintain confidentiality. 2. One or both parents or a legal guardian is to be notified and present during the interview. At any time during the interview process, the parent or guardian may stop the interview. 3. If the minor is detained during the commission of an act, the parent or guardian is to be notified as soon as is safely possible. 4. Traffic stops which result in a ticket or warning do not meet the criteria for interviews and are exempted from the notification process. 5. If law enforcement becomes involved in any incident involving minor children, their agency rules supersede this document. 6. In the event that a minor child is detained, the Island Administrator is to be notified immediately. 7. Prior to conducting an interview with a minor child, the Island Administrator is to be notified. 8. Nothing in this document may supersede State or Federal laws.
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GENERAL INFORMATION As an unincorporated area of Baldwin County, Ono Island and its residents are required to follow the laws and ordinances as adopted by the Baldwin County Commission. One of those laws and ordinances is for mandatory garbage collection. There are allowances in that ordinance for part-time residents. If you are in that segment of owners you may want to contact the Baldwin County Court House for a copy of the ordinance. Otherwise the following will apply. A. Garbage collection day is Monday. A second garbage pick-up day is available on Thursday at additional cost. Contact: Baldwin County Solid Waste 15140 CO. Road 49 Summerdale, AL 36580 (251) 972-6878 B. Pick-up on those days is for household garbage only. Materials such as large appliances will be picked up by calling the above number and arrangements. C. Trash pick-up is the property owner’s responsibility. Contact the office for information on persons supplying this service. D. Electrical Service—All wiring for electric services are required to be underground. No overhead wiring is permitted. To obtain service contact: Baldwin County EMC Gulf Shores Branch 251-968-7585 E. Sewer Tap – contact 3380 Hurricane Bay Drive Theodore, AL 36582 251-432-2248 or 251-456-2356 F. New Connection to Sewer or Sewer Repair—contact City of Orange Beach Sewer Department 23908 Canal Road Orange Beach, AL 36561 251-974-5617 G. Taxes: Upon purchase of property, file at the Baldwin County Court Satellite Courthouse in Foley. H. Irrigation Systems: The use of well water is encouraged for irrigation systems to conserve potable water. The water company prefers a separate shut-off valve for irrigation systems when potable water is used for irrigation system. I. Cable TV—The POA has a contract with Mediacom Cable TV to Provide this service. Basic cable service is billed from the POA office
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on a semi annual basis. You will pay Mediacom for the installation of the service and they will bill you on a monthly basis for any Premium Channels such as HBO. To obtain this service call 1-800-239-8411 J. Hurricane Stickers—available at Ono Island POA. K. Telephone—contact: Century Link Telephone Foley, Alabama 251- 952-5100 L. Procedure for obtaining your street address from Baldwin County Government. Your 911 street address needs to be clearly displayed at your driveway entrance on all lots where there is an existing house or one permitted for construction so the Fire Department and other 911 emergency services can find you quickly. To obtain your street address: 1. Call 943-5061 (Foley) and ask for the Parcel # assigned to your particular lot and unit on Ono Island. This number will also appear on you property tax receipt. 2. Call 947-5911 and give them your Parcel #. They will assign you a street address, which is to be displayed at your property entrance visible from both directions. 3. Call the Ono Office 980-5152 to have your street address and Island telephone number listed with Island Security. An Ono Island street address is a prerequisite to obtain a building permit from the Architectural Control Committee of the Property Owners Association of Ono Island. 4. A POSTED Ono Island street address is a prerequisite to beginning any work permitted by the Ono Island Architectural Control Committee. The letters are to be at least 6 inches high and clearly visible from the street for viewing by emergency responders. M. Ono Island Ladies Club meets at 10:00 a.m. the first Monday of each month at the Ono Commons Community Center. Check the bulletin board on the front porch of Ono House for location of the meetings listed in the Ladies Club Newsletter. N. Ono Ladies Too — Various interest groups including: aerobics, bridge, crafts, golf, music, tennis, etc. are available to members. O. The MENONO Club for men on the Island meets at 5:30 on the first Thursday of each month at the Ono Commons Community Center. P. ONO ISLAND PHONE DIRECTORIES are available at the Ono House, Monday through Friday 8:00 A.M. – 4:00 P.M. for a nominal fee. Q. ONO ISLAND VOLUNTEER FIRE DEPARTMENT is composed of property owners who have volunteered their time and committed themselves to training in fire fighting and emergency medical training in order to benefit and maintain the welfare and safety of Ono Island. At the present time, our Department works in conjunction with the Orange Beach Fire Department.
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R. RENTAL PROPERTY—Property owners who lease and/or rent their homes must notify in writing the Ono Island Security and Ono Office at 28491 Ono Blvd., Orange Beach, Alabama 36261. Include: 1. Address of home being rented. 2. Name of person renting property. 3. Duration of rental agreement. The Ono Island Security Force will refuse entry to the Island to anyone who is renting without this authorization. The property owner is responsible for all the actions of persons renting the property and their guests. Violations will be assessed and processed in accordance with ADDENDUM— Violation assessment Schedule. S. BUSINESS USE OF RESIDENCE-No business or commercial venture shall be operated from a residence on Ono Island. T. DISASTER PREPAREDNESS AND POST DISASTER CLEAN-UP. 1. Property Owners are urged to take all precautions and measures to minimize damage from storms and hurricanes. Items such as trash receptacles, lawn and porch furniture, personal water craft and boats should be well secured. Storm shutters are strongly recommended on doors, gable vents and windows. Electricity and water services to piers and boat houses should be shut off when leaving the property and in the event of approaching storms. 2. Restoration, clean-up and removal of debris from private properties is the responsibility of the property owner. Debris should be removed from the Island at the earliest opportunity to minimize health and safety hazards. U. SOLICITING—All forms of soliciting are prohibited on Ono Island. This includes all door-to-door selling, distribution of pamphlets and flyers/advertisements, and release of resident listings for such purposes.
ENFORCEMENT AND PENALTIES These rules and regulations are based on the Protective Covenants and on the By-Laws of the Property Owners Association of Ono Island, Inc. and are enforced by the Board of Directors of the POA. The staff is empowered to issue citations for all violations. Violations of these rules and regulations may result in assessments being levied against property owners (and others) according to a schedule, approved by the Board of Directors of the POA. Property owners are responsible for the conduct of their families, personal guests, tenants and/or invitees. If the assessment is not paid by the tenant, guest, or invitee within the time set by the Board of Directors, the property owner shall pay the assessment upon notice from the Board. If a property owner fails to pay an assessment for a rules violation, his or her barcode privileges may be revoked. The association may also pursue legal action against property owners for failure to pay rules violation
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assessments, and property owners will be held liable for reasonable attorney fees and costs incurred by the association to collect the unpaid amount. Citations issued as herein above provided shall be in a form as approved and adopted by the Board of Directors of said corporation and served in the following manner: A. By personal service by a Security Guard. B. By first class mail. Non-property owner assessments shall be paid within the time set by the Board of Directors. However, such time for payment shall not exceed 30 days from receipt of notice. Failure to pay within 60 days of receipt may result in the non property owner being denied access to the Island. In the event of a dispute regarding the assessment for a violation, the disputing party may appeal by requesting that the assessment be reconsidered by the Security Committee. The request must be in writing and made no later than ten (10) days after receipt of the assessment and must be addressed to the Property Owners Association, Board of Directors (attention: Chairman, Security Committee). Grounds for the appeal should be brief and concise. The Committee will consider the appeal within forty five (45) days. The disputing party may request an opportunity to address the Committee. In the event that the disputing party requests an oral presentation to the Committee, they will be advised of a date, time and place of the meeting at which the request is to be considered. The Committee will notify the disputing party of its decision in writing in a timely manner. These rules are subject to being added to and/or amended at any time by the Board of Directors and shall be effective immediately or at such time as may be set by the Board and if no time is set then they are effective immediately. The Administrator, as may be directed by the Board, shall cause a summary of any new rules to be sent to the Homeowners by a blast email and/or published in the LOG, the monthly newsletter sent to the homeowners by email and mailed to the homeowners who subscribe to the paid postal delivery of the LOG. The failure or lack of such blast email or LOG to send out such summary shall in no way diminish the effectiveness of such new or amended rule.
ASSESSMENT VIOLATION PENALTY SCHEDULE Revised and Effective January 2012 The Board of Directors of the Property Owners Association of Ono Island (POA) has established the following schedule of assessments for traffic as well as other types of violations. This schedule is subject to change by the POA Board of Directors. The complete text of the Enforcement and Penalties is contained in the Owner Documents of the Property Owners Association of Ono Island, Inc.
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ONO ISLAND POA ASSESSMENT VIOLATION PENALTY SCHEDULE AS OF 12/1/11
VIOLATIONS
1st
MOVING VEHICLE UNAUTHORIZED USE OF HOMEOWNER LANE BARCODE PASS (HANDHELD) SPEED-POSTED LIMIT TO 50 MPH SPEED-51 TO 65 MPH
2nd
3rd
Subsequent
$50.00 $50.00 $50.00 $50.00 $200.00 and/or immediate suspend barcode $50.00 $75.00 $100.00 $200.00 $100.00 $150.00 $200.00 $400.00
SPEED-66 MPH & OVER - DRIVING PRIVILEGE
$200.00
$300.00
$400.00
$600.00
$400.00 $50.00
$500.00 $75.00
$600.00 $100.00
$900.00 $200.00
IS SUBJECT TO IMMEDIATE SUSPENSION IMPEDING FLOW OF TRAFFIC BY VEHICLE/BIKE/PERSON BOATS & TRAILERS/IMPROPER STORAGE/OWNER'S PROPERTY
$400.00 $400.00
$500.00 $500.00
$600.00 $900.00 $600.00 $900.00 $100.00 PER DAY
HIT GATE/RECKLESS/TAILGATE/PLUS DAMAGES PER SCHEDULE
$400.00 $500.00
IS SUBJECT TO IMMEDIATE SUSPENSION NON-COMPLIANCE WITH SECURITY GUARD INSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, RUNNING FROM SECURITY - DRIVING PRIVILEGE IS SUBJECT TO IMMEDIATE SUSPENSION OTHER TRAFFIC VIOLATIONS RECKLESS DRIVING - DRIVING PRIVILEGE
$600.00
$900.00
GOLF CART
$50.00
$75.00
$100.00
$200.00
PARKING (Each 24 Hours) COMMON AREAS: BLOCKING ACCESS & SIGNS (Illegal signs will be summarily removed) PETS ANIMAL/PET-NOT REGISTERED,LEASH,CLEANUP & NUISANCE FEEDING OF WILDLIFE OTHER VIOLATIONS DEBRIS & DEAD TREES ON OWNERS PROPERTY (Plus removal cost) DEBRIS ON COMMON PROPERTY & ROAD RT.OF WAY
$35.00
$50.00
$75.00
$100.00
$50.00
$100.00
$200.00
$400.00
$100.00 $100.00
$150.00 $200.00
$200.00 $500.00
$400.00 $1000.00
$500.00
$500.00
$500.00
$500.00
$50.00
$100.00
$500.00
$500.00
HOUSEHOLD GARBAGE IMPROPER BAGGED/AT CURB LATE/EARLY $100.00
$100.00
$100.00
$100.00
$10.00
$20.00
$20.00
$20.00
LITTERING,TRASH and/or DEBRIS ON OTHER'S PROPERTY
$1000.00 $1000.00 $1000.00
$1000.00
NOISE&NUISANCE EXCLUDING ANIMAL/PET 10 PM TO SUNUP
$1000.00 $1500.00 $2000.00 $500.00 $500.00 $500.00 $100.00 $200.00 $300.00
$2500.00 $500.00 $500.00
PLUS COST OF REMOVAL & $50.00 SERVICE FEE
TRASH CAN ROLLBACK
NOT NOTIFYING POA IN WRITING OF RENTAL PROPERTY
FIRES, FIREARMS & FIREWORKS CONTRACTOR/WORKER - SOLICITATION * CONTRACTOR / WORKER PERMIT / ARCHITECTURAL CONTROL
SUBJECT TO IMMEDIATE BAN FROM ISLAND
$50.00
$100.00 $200.00 See separate Schedule
$50.00 $50.00 $75.00 $100.00 $100 PER DAY AFTER 10 NOTICE BY LETTER $250 $250 $250 $250
ALL OTHER VIOLATIONS INCLUDING FALSE ALARMS CORRALS-FAILURE TO REMOVE HOLDING ILLEGAL GARAGE SALE
January 2012
$75.00
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The Board of Directors of the Property Owners Association of Ono Island (POA) has established for gate being hit, damage and fine schedule recommended by Security Committee to Board of Directors. This schedule is subject to change by the POA Board of Directors. VIOLATIONS
• • • • • • • •
Gate Arm Bent Gate Arm Bent and Cut to Refit Replace Gate Arm Reset Bolts in Concrete Replace Gate Housing Damage to Bumper Pad Replace Bumper Pad Replace Electrical
$ 100 $ 200 $ 300 $1,000 $1,500 $ 100 $ 450 Cost plus 15%
Ticket to be issued is “reckless driving”; $400 fine or Failure to follow Security Directions, $400 fine Such other tickets as may be applicable.
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