​3.10 Retaining Walls and Dredging. Owners of Tracts adjacent to the Lake may build a retaining wall along any body of water with the approval of the ACC and Titus County Fresh Water Supply District No. 1. Retaining walls shall be constructed in a manner that improves the shoreline alignment. If an eroded area along the shoreline is approved by the Titus County Fresh Water Supply District No. 1 to be reclaimed, then the backfill material must also be reclaimed from the reservoir. Approved materials for retaining walls or bulkheads or seawalls include concrete, soil cement, minimum 8 gauge steel sheet piling, PVC sheet piling, pressure treated lumber, and rip rap. Other materials with a long life expectancy will be considered. Creosote materials will not be approved. All dredging activity must be performed in such a manner that will maintain a gently sloping lake bottom and prevent the formation of holes or sudden drop-offs. All construction activities disturbing the soil at or below the flood flowage boundary of the reservoir must employ erosion control practices to minimize the amount of sediment entering the reservoir. All dredging materials shall be placed in such a manner as to prevent any sediment runoff back into the reservoir. Containment and/or silt screens may be required. Excavation and dredging may be permitted in some areas at the discretion of the Titus County Fresh Water Supply District No. 1 and/or the U.S. Army Corps of Engineers. All dredging, filling, and excavation activities within the permitted premises must comply with all applicable local, state, and federal requirements, and must be completed in accordance with any required permit from the U.S. Army Corps of Engineers. Slopes and channel side slopes shall be no steeper than 4: 1. Dredged material must be removed above the 342.0' msl pool elevation. Retaining wall material must be pre-approved and appropriate for the shoreline location. Any building of retaining walls or dredging must be approved by the ACC prior to requesting approval from the Titus County Fresh Water Supply District No. 1.
 

3.11 Prohibition of Offensive Activities. No activity, whether for profit or not, shall be conducted on any Tract which is not related to single family residential purposes, unless said activity meets the following criteria: (a) no additional exterior sign of activity is present, (b) no additional traffic that would not be there normally is created, (c) nothing dangerous is present and (d) the activity does not constitute a nuisance or annoyance. Nothing herein shall prevent a home office so long as the requirements of (a), (b), (c) and

(d) above are met. Further, this restriction is waived in regard to the customary sales activities required to sell land or property in the Subdivision by the Developer. The Association shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance.
 

3.12 Garbage and Propane Storage. Garbage and trash or other refuse accumulated in this subdivision shall not be permitted to be dumped at any place upon adjoining land where a nuisance to any residence of this subdivision is or may be created. No Tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be allowed to accumulate, shall be kept in sanitary containers and shall be disposed of regularly. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight from public roadways, except on pickup days. Propane tanks must not be visible from the road, and must be buried and/or screened with vegetation and/or privacy fencing as approved by the ACC.

3.13 Unsightly Articles, Junked Motor Vehicles Prohibited. Except as set forth in Paragraph 3.06, no campers, recreational vehicles, boats, trailers, graders, trucks other than pickups, tractors, wagons, busses, motorcycles, motor scooters or garden maintenance equipment may be kept on property unless such items are placed in an approved enclosed structure and kept in a clean and tidy manner. No maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. No vehicle may be parked in excess of seventy-two (72) hours on any roadway within the Property.

No article deemed to be unsightly by the ACC shall be permitted to remain on any Tract. Service area, storage area, loading area, compost piles and facilities for hanging, drying or rinsing clothing or household fabrics shall be appropriately screened from view from public or private thoroughfares, the lake and adjacent properties and no lumber, grass, plant, waste, shrub or tree clippings, metals, bulk materials, scrap or refuse shall be kept, stored or allowed to accumulate on any portion of the Owner(s) Tract. No junk, abandoned or unregistered vehicles and no vehicles without current inspections shall be allowed on any Tract. Tractor trailer rigs and/or trailers and trucks with more than ten (10) wheels may not be parked or kept on the property or in the subdivision.

3.14 Signs. No signs, advertisements, billboards or advertising structures of any kind may be erected or maintained on any Tract without the consent in writing of the ACC. This sign prohibition does not apply to the Developer as Developer maintains the ability to place signs, advertisements, billboards and/or advertising structures within the Property at its discretion. The ACC shall allow one (1) professionally made sign not more than twenty-four inches (24") by thirty-six inches (36") advertising the Owner's Tract for sale or rent after a Dwelling or home has been built, and one ( l) professionally made sign approved by the ACC, not more than twelve inches (12") by twenty-four inches (24") identifying the Tract owner's name or names. The term "professionally made sign" does not include store bought pre-made "for sale" or "for rent" signs. Notwithstanding, Builders and/or Contractors may place a sign that is approved by the ACC that does not exceed four feet (4') by eight feet (8 ') advertising a Dwelling or home constructed or under construction by the Builder and/or Contractor on a Tract. A Builder/Contractor sign shall be permitted to remain on the Tract where the Dwelling or home is constructed for as long as such Dwelling remains unsold to a third party; however the sign shall be permitted during construction. Except as it applies to Developer, no sign shall be nailed to a tree or placed within twenty-five (25) feet from any Lot line and all signs must be properly maintained. Developer or any member of the Association or ACC shall have the right to remove such sign, advertisement, billboard or structure which is placed on any Tract in violation of these restrictions, and in doing so, shall not be liable, and are hereby expressly relieved from any liability for trespass or other tort in connection therewith, or arising from such removal.

3.15 Animal Husbandry. For all Tracts within the subdivision, dogs must be kept in a kennel, dog run, or fenced in area that confines said dog(s) to that area within the Tract. Breeding or other for-profit dog operation shall not be permitted or allowed. Dogs will not be permitted to run loose in the community, and therefore, must be on a leash when outside of the boundary of the Owner(s) Tract(s). All dogs and cats must be vaccinated for rabies according to state law once a year and registered with Franklin County once a year. 3.15.1

     3.15.1 On Waterfront Tracts: No livestock, swine, poultry or large animal of any kind may be kept, stored or raised on any Tract.

     3.15.2 On five (5) acre Tracts: No poultry or swine of any kind may be kept, stored or raised on any Tract. Two (2) large animals may be kept, stored or raised on five (5) acre Tracts.

     3.15.3 On Tracts larger than five (5) acres: No poultry or swine of any kind may be kept, stored or raised on any Tract. One (1) large animal per two and one-half (2.5) acres owned may be kept, stored or raised on Tracts larger than five (5) acres with a maximum of five (5) large animals permitted on tracts larger than five (5) acres.

3.16 Mineral Development. Developer/Declarant does not own any minerals; as all minerals have previously been conveyed or reserved by third parties to which Seller has no control over such prior reserved or conveyed minerals. Each mineral owner has the right to remove its minerals. The Restrictions cannot disallow for commercial oil, gas or other mineral drilling, mineral development operations, oil/gas refining, oil, gas or other mineral operation of any kind within the Subdivision since no minerals are owned. Rigs, derricks or other structures designed for the use of boring for or gathering oil, natural gas or other minerals may be erected, maintained, or the like as to the mineral interests in which a waiver of the surface has not been obtained or if the Association agrees to allow such as the mineral estate is dominant over the surface estate. Seller makes no representation regarding the rights of the ingress and egress associated with the development of the minerals under the Property as such rights are vested with the current mineral owners. In the event of mineral development, the mineral owner or mineral lessee must provide reasonable accommodation to the surface estate owner, i.e. location from existing structures and surface damages. The recorded plat of Sterling Shores does not and will not depict any accommodation for future mineral development.

3.17 Drainage. Natural or man-made established drainage patterns of streets, tracts or roadway ditches will not be impaired by any person or persons. No creeks, man­ made or natural drainage areas may be filled, impacted, dammed, or water, therefore improved, diverted or used for any purpose without the prior written consent of the ACC. All Tract Owners must install driveway culverts and must be approved by Franklin County and/or by the ACC, when necessary, to be of sufficient size to afford proper drainage of ditches without backing water up into ditch or diverting flow. Drainage culvert installation must meet County requirements. Residential driveway culverts shall not extend more than fifteen (15) feet beyond the edge of the paved driveway with a minimum length of thirty (30) feet and a maximum length of fifty (50) feet. The Association and/or the ACC shall have the ability and power to remove all culverts that do not meet this requirement or that do not drain properly or have not been given specific variance due to a hardship reason for an extended length of culvert. In the event the Association or the ACC is required to remove the culvert, all costs and expense for such work shall be the responsibility of the Tract Owner. All areas designated as 100-year flood plain on the Plat are hereby dedicated as Drainage Easements.

3.18 Antennas. Antennas of any kind shall not exceed ten (10) feet above the roof of the dwelling or accessory building. No satellite dishes or similar apparatus shall be placed on any dwelling in such a way that apparatus is visible from the street. Ground satellite dishes shall not be erected, installed or placed on property without the prior written approval of the ACC and such dishes shall be screened from the view of the road. Nothing herein shall be constructed to conflict with the latest rules and regulations set forth by the Federal Communications Commission.

3.19 Solar Energy Devices. Pursuant to the provisions of the Texas Property Code §202.0 l 0, the purpose of this policy is to provide for the timely and efficient review by the Association of applications for installation of a "Solar Energy Device" ("SED") within the subdivision and to establish guidelines for review and approval of applications to ensure compliance with the provisions of state law. For the purpose of this Policy, "Solar Energy Device" shall mean a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.

     3.19.1 Applications for installation of any Solar Energy Device shall be submitted to the ACC in the same manner as applications for approval of any other Improvement.

     3.19.2 An application for an SEO which meets all of the requirements set out below shall be deemed approved by the ACC thirty (30) days from the date the Owner's application is received by the ACC, unless the ACC notifies the Owner in writing within the thirty (30) day period that additional information is required or that one or more standards have, in the opinion of the ACC, not been properly established in the application.
 

     3.19.3 If installed on the roof of the Owner's home, the SED, as installed
          3.19.3.1 does not extend higher than or beyond the roofline,
          3.19.3.2 conforms to the slope of the roof,
          3.19.3.3 has a top edge that is parallel to the roofline, and

          3.19.3.4 if such SED has a frame, support bracket, visible wiring or piping then the frame, support bracket, visible wiring or piping should be silver, bronze or black tone commonly available in the marketplace and is appropriate to the materials and harmonious with the dwelling. The SED is not required to have a frame, support, visible wiring or piping. 

      3.19.4 If installed in a fenced yard or patio owned and maintained by the Owner, the SED as installed may not exceed the height of a fence which meets applicable height requirements in the governing documents of the Association or restrictive covenants applicable to the subdivision.
 

     3.19.5 The ACC reserves the right to require additional screening as necessary.

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     3.19.6 The ACC may deny an application for, or impose reasonable restrictions on, the installation of an SED that:
          3.19.6.1 As adjudicated by a Court, threatens the public health or safety or violates a law;
          3.19.6.2 is located on property owned or maintained by the Association;
          3.19.6.3 is located on property owned in common by the members of the Association;
          3.19.6.4 is located in an area on the Owner's property other than the roof of the home or in a fenced yard or patio owned and maintained by the Owner;
          3.19.6.5 does not meet all requirements for installation of the SED on a roof or in a fenced yard or patio owned and maintained by the Owner as set out above;
          3.19.6.6 was installed without prior approval of the ACC;
          3.19.6.7 the ACC finds that placement of the SED as proposed will substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The finding may not be made if the written approval of the proposed placement of the device by all property owners of adjoining property is provided by the Owner/applicant.

3.20 Resubdivision. Except as it applies to the Developer or the Veterans Land Board, no tract shall be resubdivided or split unless otherwise permitted in these Restrictions. These Restrictions specifically allow the Declarant/Developer to divide, subdivide, realign and re-subdivide any unsold and platted tract in the Development as it deems necessary in its sole discretion for the continued development of the Subdivision until the Control Transfer Date.  A lot or Tract may be combined into one or more composite Tract if that Tract will be combined with two or more adjoining lots or tracts to form larger resulting Tracts, see Paragraph 3.03.

3.21 Driveways. The first One Hundred (100) feet of all driveways up to the garage must be surfaced with concrete, concrete pavers, asphalt, two (2) course chip and seal, or a combination thereof. Driveways must be surfaced when the new main residential dwelling is complete.

3.22 Tree Removal. No Tract owner shall cut or clear any trees which are ten (l 0) inches in diameter measured at four (4) feet from the ground, except the trees located in the area where the house and other improvements will be placed, without the written approval of the ACC.

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      3.22.1 Tract Property Maintenance. 

      Effective, August 27, 2023, the Sterling Shores POA Board and Committee Members voted in favor of amending the below Obligation of          Tract Maintenance to add downed trees, overgrown vegetation, excessive weeds, debris and tall grass. 

      The following conditions will be added to the Sterling Shores CCR's effective immediately.

      At a minimum, the Member must maintain their parcel every quarter.  This means that the Member is required to cut grass, remove                  downed trees, eliminate overgrown vegetation and weeds, and eradicate debris and tall grass. 
 

    The mandated maintenance guideline encompasses the parcel dimensions of 100 feet from the front of the lot/parcel or closest                    direction to the respective road.  Additionally, the maintenance guideline also includes at least 10 feet inwards from your property's                 sidelines, this includes adjacent lots with residences or accessory structures. This maintenance must be completed no later than the final      day of the respective quarter.
 

    At a minimum, the Maintenance Guidelines will require one minimum maintenance clean up per quarter. 

    The quarterly schedule is as follows for each year as follows:
 

    Year = 4 Calendar Quarters

    Quarter 1:          January 1 - March 31,

    Quarter 2:          April 1 - June 30

    Quarter 3:          July 1 - September 30

    Quarter 4:          October 1 - December 31,

    In the event that the above-mentioned maintenance of a Tract owned by a Member is not maintained, the Association will follow the              following approved warnings and fines:
 

    Fine Structure

    With the updated Maintenance Guidelines additions of downed trees, overgrown vegetation, excessive weeds, debris and tall grass, the        new fine policy will be implemented. 
 

    Any Maintenance Guideline violations will incur the following fine(s) if the Member is not maintaining their property:

1. Warning Letter Issued – Property Owner has 10 days to Resolve
   A notification warning letter will be sent if the quarterly Maintenance guidelines are not followed. 

2. If not resolved in 10 days, then Property Owner will be fined $200.00.

3. If not resolved by day 40 from the warning letter, then Property Owner will be fined another $200.00.

4. If not resolved by day 70 from the warning letter, then Property Owner will be fined yet another $200.00.

5. If, after day 70 from the initial warning notice, the property is not maintained, the Association may enter a Tract or Lot to abate or remove the maintenance guideline violation, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Governing Documents. All costs incurred, including reasonable attorneys' fees as allowed by the Act, will be assessed against the violator as a Specific Assessment.
    

     For specific cases, the presentation of an Agricultural (AG) Exemption or a Board Exemption can be evaluated on an individual basis.               Please contact the Board with any questions.  Board contact information can be found at our website www.sterlingshoreshome.com.

3.23 Hunting. No hunting is allowed in the subdivision; no discharge of handguns, rifles, shotguns or other firearms, pellet or air guns, bows or cross bows, or other weapons is permitted or allowed.

3.24 Existing Buildings. All improvements existing on the property on the date of the recording of these Restrictions shall be considered in compliance with these restrictions. However, all future building, demolition and all exterior alterations and additions must be approved by the ACC and must comply in all respects with all sections of these Restrictions, as written.

3.25 Aerobic Septic Systems - Sewer. All dwellings on lots or Tracts in the Subdivision shall be required to install a private sewage system. Aerobic Septic Systems are required. All sanitary plumbing must comply with the requirements of the Health Department of Franklin County and the State of Texas, the Texas Water Quality Board.

3.26 Burning. No open fires shall be allowed in the subdivision unless such fires comply with all rules, conditions and regulation of Franklin County.

3.27 Lake Rules and Regulations. The Tract owner shall comply with all Rules and Regulations adopted by the Titus County Fresh Water Supply District No. 1. A copy of the complete rules, regulations and ordinances is available from the Titus County Fresh Water Supply District No. l and each Owner should obtain its own separate copy.

3.28 Irrigation. Those Tracts adjacent to the Lake shall be allowed to use the water from the lake for irrigation purposes with the approval by the Titus County Fresh Water Supply District No. l. The use of raw water from Lake Bob Sandlin for irrigation purposes shall be limited to irrigation of residential shoreline property (i.e. Waterfront Tracts) that is contiguous to the reservoir and shall be subject to a fee and permit. Water transmission lines will not be allowed to cross any public or private thoroughfare. Submersible pumps shall not be placed in Lake Bob Sandlin. The intake for above ground pumps will be located and anchored in a manner so as not to be a hazard to navigation or recreation. Pumps must be screened or enclosed at all times. Water withdrawal pumps must be electric (no gasoline units). Discharge from pumps must be limited by l" inside diameter restriction.

3.29 Electrical Lines. All electrical services shall be installed in accordance with the National Electric Code as amended and revised. The Titus County Fresh Water Supply District No. 1 performs cursory electrical inspections for general compliance only. The Owner is required to have a licensed electrician, electrical inspector, or other professional with expertise in electrical installations to inspect all electrical components to ensure that the installation meets all requirements specified in the National Electric Code.

3.30 Vehicle Traffic. For the safety of all property owners, their families, guests, or other visitors, no one shall operate recklessly or exceed a speed limit of twenty­ five (25) miles per hour while operating any motor vehicle within the Subdivision. All state and local laws regarding motor vehicle traffic will be enforced. All-terrain vehicles ("ATV") and golf carts are permitted to be operated within the Subdivision by licensed drivers.

3.31 Rainwater Collection Systems. "Rainwater Collection System" shall mean a system or series of mechanisms designed primarily to collect rainwater for subsequent use by the Owner on the Owner's property.

     3.31.1 Applications. Applications for installation of any Rainwater Collection System shall be submitted to the ACC in the same manner as applications for approval of any other Improvement.
     3.31.2 Review. The System shall be reviewed by the ACC within thirty (30) days from the date of the ACC's receipt of the Owner's application unless the ACC notifies the Owner in writing within the thirty (30) day period that additional information is required or that one or more standards have, in the opinion of the ACC, not been established.
     3.31.3 The ACC may deny an application for, or impose reasonable restrictions on, the installation of a System that does not meet one or more of the required standards established by the Association. All ACC findings shall be in writing.
     3.31.4 An Owner shall be entitled to submit an application to the Association seeking approval for the installation of a rain barrel or rainwater harvesting system. Any such system shall:
          1. be of a color, finish and texture consistent, in the reasonable opinion of the ACC, with the color scheme of the property owner's home;
          2. not display any language or other content that is not typically displayed on such barrel or system as it is manufactured;
          3. shall not be located on property owned by the Association or on property owned in common by the members of the Association or located between the front of the property owners' home and an adjoining or adjacent street;
          4. to the greatest extent reasonably possible, be located and/or shielded so as to minimize the visual impact of the installation on adjacent properties, lots and common areas which may be done by landscaping materials;
          5. shall be constructed of a non-reflective material; and
          6. shall not exceed eight feet (8 ') in height.

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     3.31.5 The Association may regulate the size, type and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot or a common area if:
          1. the restriction does not prohibit the economic installation of the device or appurtenance on the owner's property; and

          2. there is reasonably sufficient area on the owner's property in which to install the device or appurtenance.
 

The ACC may deny an application for, or impose reasonable restrictions on, the installation of a system which does not meet one or more of the foregoing standards

3.32 Notice. In the event of the failure of Owner to comply with the above requirements after ten (10) days written notice thereof, the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Tract in trespass or otherwise, enter upon (and/or authorize one or more others to enter upon) said Tract, and do any other thing necessary to secure compliance with this Declaration. Payment for the charges shall be payable on the first day of the next calendar month.
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3.33 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants of other terms and provisions contained in this Article III or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot or Tract in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot or Tract, agrees to hold Declarant harmless therefrom.