8.20.2026 Village Board Meeting

AMENDED AGENDA VILLAGE BOARD MEETING 4128 HUBERTUS ROAD HUBERTUS, WI 53033 August 20, 2026 6:00 P.M. 1. Call to Order / Roll Call 2. Verification of Compliance with Open Meeting Law 3. Pledge of Allegiance 4. PRESENTATION: 2025 Annual Financial Report – David Minch, CPA, Kerber Rose 5. PUBLIC COMMENTS (Public comments are an opportunity for citizens to voice concerns to the Board regarding reports and discussion/action items on the agenda, only. Public comments are not a public hearing and are typically a one-way conversation from a citizen to the Board. Individual comments shall not exceed 3 minutes, with a total time limit of approximately 20 minutes. Unless part of a Public Hearing, handouts will not be accepted by the Village. Comments beyond 20 minutes will be moved to the end of the meeting at the discretion of the President.) 6. CONSENT AGENDA a. Vouchers for Payment b. Treasurer’s Report c. Producer Full-Service Retails Sales Application- Grappling Gardens, Petitioner d. Donation from the Richfield WI Community Foundation for The Firework Show e. Fire Department Update 7. DISCUSSION/ACTION ITEMS a. Discussion/Action regarding a Special Exception for expansion to a Non-Conforming Structure located 223 Shady Lane (TKN: V10_126300E) – Josh Grorich, Petitioners/ Julie Grorich, Owner b. Discussion/Action regarding a First Amendment to a set of Deed Restriction Covenants for Scenic Grove Subdivision – Scenic Grove Homeowner’ s Association, Petitioner c. Discussion/Action regarding a First Amendment to a set of Deed Restriction Covenants for The Oaks at Schmitt Farms Subdivision – W. Fields, LLC, Petitioner d. Discussion regarding the 2027 Village Budget e. Discussion/Action regarding the purchase of ‘Christmas Decorations’ along STH 175 8. PUBLIC COMMENTS (…Continued) 9. CLOSED SESSION a. Discussion /Action to enter into Closed Session under Wis. Stats. 19.85(1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specific public business, whenever competitive or bargaining reasons require a closed session – Establishment of a Village “Collective Bargaining Team” related to the creation of the International Association of Fire Fighters (IAFF) Local 5639 (Richfield Fire Department) 10. RECONVENE IN OPEN SESSION a. Discussion/Action regarding matters addressed in Closed Session outlined above 11. ADJOURNMENT Additional explanation of items on the agenda (Communication Forms) can be found on the village’s website at www.richfieldwi.gov. Notification of this meeting has been posted in accordance with the Open Meeting Laws of the State of Wisconsin. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information; no action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made to the Village Clerk’s office at 262-628-2260 or www.richfieldwi.gov with as much advanced notice as possible. VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICAT ION FORM MEETING DATE : August 20, 2026 SUBJECT: DATE SUBMITTED: SUBMITTED BY: Consent Agenda August 13, 2026 Madeline Moltzan , Deputy Clerk POLICY QUESTION: DOES THE VILLAGE BOARD WISH TO APPROVE THE CONSENT AGENDA? ISSUE SUMMARY : Included for your review are the Vouche rs for Payment, Treasu rer's Report , Producer Full-Service Retail Sales Applicat ion for Grappli ng Gardens, Donation from the Richfield WT Community Foundation for the Richfield Days Fireworks Show, and the monthly Richfield Fire Department Update Memo to the Board. Grappling Gardens Application Grapp ling Gardens regularly hosts events in Richfield and we have yet to have any true problem s yet. They are requesting to sell beer wine and liquor at an event on 10/4/26 at 1800 CTI-I CC. from l 0am to 5pm. They have made no changes since last year. As the board knows, we can put qualifications or limits on them but cannot outright deny the permit. There has not been issues in years past. One may notice the application includes an additional event on August l 61\ but due to legal deadlines, that event is not under considerat ion. Richfiel d WI Community Foundation The Richfield WT Community Foundation has generous ly stepped forward to donate money to have our firework show be better than ever. FISCAL IMPACT: REVIEWED BY: ~ O~o no --... \--{:-1 C> ,, ('-,..,,., Village Deputy Treasurer ' Initial Project Costs: Future Ongoing Costs : Physical Impact (on people/space): Residua l or Support/Overhead/Fringe Costs: ATTACHMENTS: 1. Vouchers for Payment 2. Treasurer's Report 3. AB-105 from Grappling Gardens 4. Richfi eld Fire Department Memo Re: Monthly Activity Update STAFF RECOMMENDATION: Motion to approve Included for your review are the Vouchers for Payment , Treasur er's Report, Producer Full-Service Retail Sales Application for Grapp ling Gardens, Donation from the Richfi eld WT Community Foundation for the Richfield Days Fireworks Show. APPROVED FOR SUB MITT AL BY: I VILLAGE CLERK USE ONLY BOARD ACTION TAKEN VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATIO N FORM MEETING DA TE: August 20, 2026 SUBJECT : Consent Agenda DATE SUBMITTED: August 13, 2026 SUBMITTED BY: Madeline Moltzan, Deputy Clerk Resolution No, ------Ordinance No, _____ _ Approved _____ _ Other ------ Continued To: ---- - - Refen-ed To: _____ _ Denied ____ _ _ File No, ------ 6a CHECK# INV/PO# DATE PAYEE ACH 2592760 7117126 DELTA DENTAL ACH 339000 7122126 WI RETIREMENT SYSTEM ACH 7123126 INTEGRATED PAYROLL ACH 7124126 WI DEFERRED COMP 023616 237406 7f1.3f26 AJR ONE EQUIPMENT INC 023617 552546323 1 7123126 AJRGAS USA LLC 023618 19352 7123126 AMERICAN RESPONSE VEHICLES 023619 7123126 BADGER FIREMEN$ ASSOCIA TIONS 023620 23019 7123126 BADGER MATERIA LS RECYCLING 023621 7123126 BOUND TREE MEDICAL LLC 023622 864606 7123126 FAJTH TECHNOLOGIES INC 023623 7123126 LAKESIDE INTERNATIONAL 023624 Cl-003026 7123126 MEDICAL COLLEGE OF WI 023625 6035 7'1.3/26 MENARDS 023626 7123126 POSTMASTER 023627 7123126 PREMIUM WATERS INC 023628 00443152275 7123126 WASTE MANAGEMENT OF MILW 023629 G2545 7123126 WISC DEPT OF JUSTICE 023630 1125817 7123126 WIS SOT A SAND AND GRAVEL 023631 187166 7123126 ASSOCIATED APPRAISAL 023632 CINV049581 7123126 AURORA HEALTHCARE INC 023633 7123126 CEDAR CORPORA TION 023634 COR06252026 7123126 CYVLINC 023635 18063 7123126 MUNICIPAL LAW AND LITIGATION 023636 814 7123126 PIGGLY WIGGLY 023637 7'1.3/26 ONTEC H SYSTEMS INC 023638 181636 7123126 THE THRESHOLD INC 023639 3535 7123126 WELLNTE L INC 023640 2612088 7/30126 DIGITAL EDGE 023641 7/30126 KAEREK HOMES 023642 1677 7 7/30126 WASHINGTON COUNTY SHERIFF ____Qll.643 1444 522 7/30126 WASHINGTON COUNTY TREASURER 023644 075714 7/30126 WESTERN CULVERT & SUPPLY INC TOTAL BATCH #1 I I I I CHECK# INV/PO# DATE PAYEE ACH 8165 8110'1.6 CITI CARDS - COSTCO ACH 064920 10721 8/6126 CHARTER COMMUNICATIONS ACH 6017665137 8/14126 WE ENERGIES ACH 8/6126 INTEGRATED PAYROLL ACH ME§ WI DEFERRED COMP ACH 7325163658X 8/16126 AT&T MOBILITY 023645 1648440 8/6/26 AURORA HEALTHCARE 023646 86280816 8/6126 BOUND TREE MEDICAL LLC 023647 10-52200 -232 816/26 FALLS AUTON PARTS & SUPPLIES 023648 816126 FORWARD TS 023649 425344996 8/6126 GREAT AMER ICA FINANCIAL SVCS 023650 Cl-005818 816/26 MEDICAL COLLEGE OF WI 023651 6506 816126 MENARDS 023652 816126 NEU'S BUILDING CENTER 023653 6388 8/6/26 RENNERTS FIRE EQUIPMENT SERVlCE 023654 23591 8/6/26 RICHFIELD TRAILER INC ~ 9212841216 8/6126 STRYKER SALES LLC --- 023656 142482 8/6/26 TKK ELECTRONICS 023657 2612211 8/6126 DIGITAL EDGE OF WI 023658 8/6126 ONTECH SYSTEMS 023659 G2545 8/6126 WI DEPT OF JUSTICE ACH 6019 656588 8/18/26 WE ENERGIES ACH 0136432 -2608-6 6/23/26 WASTE MANAGEMENT ACH 8/12/26 STATE OF WI E-PAYMENT SERVlCES 23660 238254 8/12/26 AIR ONE EQUIPMENT INC 23661 86287295 / 86290845 8/12/26 BOUND TREE MEDICAL LLC 23662 V0169071 / V016918 8/12/26 HALLMAN LINDSAY PAJNTS 23663 45397 B/12/26 HARTLAND OVERHEAD DOOR 23664 84561 8/12/26 HYDRA-SEAL INC 23665 B/12/26 LAKESIDE INTERNATIONAL TRUCK 23666 6918 8/12/26 MARK SCHN EIDER PLUMBING 23667 6933 8/12/26 MENARDS- GERMANTOWN 23668 10-00065135 8/12/26 PAYNE & DOLAN INC 23669 430180330 8112126 POMP'S TIRE SERVlCE INC 23670 510810 07-26 8112/26 PREMIUM WATERS INC 23671 SC055885 8/12/26 SHERWIN INDUSTRIES INC ACH 0339000 8/24/26 Wl RETIRErv\ENT SYSTEM TOTAL BATCH #2 I I UKO C , cc ACH 6590 7123/26 CAPITAL ONE BK I I TOTAL BATCH #4 I VILLAGE OF RICHFIE LD VOUCHERS FOR PAYMENT AUGUST 2026 ••BATCH #1 .. AMOUNT COMMENTS 396.10 AUGUST SUPPLEMENTAL DENTAL INSURANCE PREMIUM 26 405.05 JUNE CONTRIBUT IONS 78.873 .22 BIWEEKLY PR #15- DIRECT DEPOSITS. FEDERAL DEPOSIT . STATE TAX & BILLING FEES 1,507.07 PLAN457 - BIWEEKLY PR#15 95.00 RFD ENGRAVED ADAPTER 199.95 EMS OXYGEN CYLINDER RENTAL 684.19 RFD WHELEN LINEAR LIGHTHEADS 75.00 RFD ADV RESCUE TEAM TRAJNING- J MUELLER 326.00 TIRE RECYCLING 218.46 EMS MEDICAL SUPPLIES 3,500.00 RFD S2 UPGRADE 1,903.26 TRUCK tf27 & #16- LEFT FRONT SPRINGS/ RETURN - BATTERY CORE 1 041.67 MAY MEDICAL DIRECTOR SERVICES 49.74 PARKS FLAG SUPPLIES 1,656.56 NEWSLETTER JULY/AUG POSTAGE 165.87 JUNE BOTTLED WATER SERVICES- VILLAGE HALL & DPW 346.50 30 YD ROLLOFF 21.00 JUNE BACKGROUND CHECKS 125.00 ROAD MATERIALS- #1 STONE 3.876 .68 JULY ASSESSMENT & REVALUATION SERVICES AND WEBSITE POSTING OF ASSESSMENT DATA 703.50 EAP PROGRAM - QTRLY FEE 20 164.79 PROFESSIONAL SERVICES THROUGH 06/13126 & HWY IMPROVEMENT PROGRAM 10,764.00 YEAR ONE ANNUAL FEE- DPW INFASTRUCTURE SOFTWARE 4,089 .70 MAY & JUNE LEGAL SERVlCES 88.05 RFD LUNCH WITH FIREFIGHTERS 973.00 JUNE CLOUD BACKUP AGREEMENT- VOR & RFD I TECHNICIAN SERVICES- REMOTE 563.00 JUNE CLEANING SERVIC ES- VlLLAGE HALL & DPW 870.00 NETWORK MANAGEMENT & UPLOADS AND C GORSEGE WATER TEST 153.00 BUILDING INSPECTOR PASS FAIL & CORRECTION STICKERS 2,000.00 ROAD BOND REFUND- 593 WICKLAND WAY 46,576.72 MAY CONTRACT SERVICES 6.16 MFL ANNUAL ACREAGE PAYMENT 1.594.54 CULVERT PIECES & BAND 210,012.78 I Cheeks written end of July ,.BATCH#2*• AMOUNT COMMENTS 118.52 RFD BILLING PERIOD 06/13 - 07/14-STATION SUPPLIES 825.18 VOR RFD PHONE & INTERNET SERVICES- 07126 - 06125 2,366.69 STREET LIGHTS- 6124 - 7123 74,527.44 BIWEEKLY PR #16- DIRECT _QEPOSII§, FEDERAL DEPOSIT , STATE TAX & BILLING FEES 1 517.07 PLAN 457- BIWEEKLY PR #16 ---- 288.92 RFD WIRELESS DEVICES JUN 24 - JUL 23 207.00 RFD EMPLOYEE TESTING - M GUMM & F EMANUELE 344.05 EMS MEDICAL SUPPLIES 14.99 RFD SEALED BEAM HEADLIGHT 19.29 DPW SHARP COPIER CONTRACT - APR 12 - JUL 11 & COLORED TONER CARTRIDGE 504.49 SHARP COPIER AGREEMENT- 06/13- 07/12 1,041.67 RFD ULY MEDICAL DIRECTOR SERVICES 34.54 RFD MISC SUPPLIES 40.16 RFD JULY PURCHASES - WASH BRUSHES 2 1.98 RFD TRUCK #1981- TANK REPAIR 847.15 RFD TRUCK #1980- REPAIR HOOD & REFINISH 2109.61 RFD VIDEO LARYNGOSCOPE 4 108.00 RFD LAPTOP REPLACEMENT 330.00 BOAT LAUNCH ENVELOPES - BARK LAKE & WILD MARSH 2 400.70 JULY RMM ADVANCED BUNDLE & M365 AGREEMENT 168.00 JULY BACKGROUND CHECKS 5,406 .72 GROUP ACCOUNT - 06/19126- 07/20/26 977.93 AUGUST DUMPSTERS-RFD . DPW & NATURE PARK ---- 41,668.38 AUGUST HEALTH INSURANCE PREMIUM 228.00 RFD FIRE HOOKS 252.82 EMS SUPPLIES 177.69 AEROSOL ENAMEL & GOAL LINE- WHITE 280.00 RFD STATION #1 GARAGE DOOR REPAIR 459.28 TRUCK #16- HYDRAULIC HOSES 738.48 TRUCK #16- REAR BRAKES BRAKE SHOE CORES & STARTER 740.00 FIREMAN 'S PARK BATHROOM REPAIRS 56.26 PARK SUPPLIES 1 851.16 ROAD MA TE RIALS- 62505 35.00 USED WHEEL 147.87 JULY BOTTLED WATER SERVICE- VILLAGE HALL & DPW 1,485.80 ROAD MATERIA LS- SHER PATCH 26 592.25 JULY CONTRIBU TIONS 172,935.29 Cheeks written August 4.494.38 CREDIT CARD PURCHASES- JUN 08. 2026 - JUL 08, 2026 4,494,38 1 ACH paid June '"'• ..... --- - 6b VILLAGE OF RICHFIELD T reas urer's Report for July 31 , 2026 BANK ACCOUNT BALANCES Intere st Rate Beginnin g Balance Int erest Ea rned Endi ng Balance Jul y I, 2026 J uly 31, 2026 LGIP Ge nera l Fund 3.68% $ 3,280,673.97 $ 10,242.62 $ 3,290,9 16.59 LGIP Fir·e Impact Fees 3.68% $ 53,929.16 $ 168.37 $ 54,097.53 LGIP Park Im pact Fees 3.68% $ 193,260.02 $ 60338 $ 193,863.40 Forte Public Now-X289 0. 10% $ 20,000.00 $ $ 20,000.00 Forte Comm Cho ice MMDA PB-X296 1.51% $ 150,000.00 $ $ 150,000.00 lntrafi CS Forte X296- Genera l 3.67% $ 1,88 1, 186.50 $ 5,782.08 $ 1,846,361.44 $ 2,016,361.44 Forte Public Now-X377 0. 10% $ 35 1,884.32 $ 30.60 $ 368, 193.03 (EMS/F ire Billing Srv's) Forte Comm Public DDA-X468 2.02% $ 400,000.00 $ $ 400,000.00 lntrafi CS Forte X468- FD 3.67% $ 2, 114,236.45 $ 7,284.8 1 $ 2, 121,521.26 $ 2,52 1,52 l.26 Forte Com m Invest MMDA PB-X677 2.02% $ 250,000.00 $ $ 250,000.00 lntrafi CS Forte X677- ARPA 3.67% $ I, 180,099.55 $ 4, 113.15 $ 1, 184,2 12.70 $ 1,434,212.70 Forte Comm Invest MMDA PB-X803 2.02% $ 250,000.00 $ $ 250,000.00 lntrafi CS Forte X803 3.67% $ 272,5 19.60 $ 1,287.94 $ 273,807.54 s 523,807.54 Westbury Bank Comm MMA Xl329 1.76% $ 281,472.32 $ 4 18.35 $ 281,890.67 CERTIFICATES OF DEPOSIT Purchase Date Expiration Date Interest Rates Amount ** All CD's are full y FDIC insured** LETTERS OF CREDIT/PERFORMANCE BONDS/DEVELOPER GUARANTEES Purchase Da te Exp ira tion Date Amount Landmark C redit Union July 11 , 2025 $ 1,577,254.61 (JBJ Companies lnc/The Oaks- Escrow of Funds) 6c Form AB-105 Producer Full-Service Retail Sales Application I Date Part A: Producer Information 1. Business Legal Name (individual name if sole proprietor) Al tered Spirits Distillery LLC 2. Business Name or OBA 3. Agent Name Corey Smith 4. FEIN 1 5. Wisconsin Seller's Permit Number 85 - 2779840 456-1030465571 - 04 6. Wisconsin Producer Permit Number 7. Producer Type 600 - 1030465571 - 03 D Brewery D Winery 0 Liquor Manufacture r/Rectifie r 8. Contact Person's First Name 9. Last Name , 10. M.I. Corey Smit h 11. Contact Person's Phone 12. Contact Person's Email (4 1 4) 350-44 10 pobox44l0@gmail.com Part B: Production Quantity Note: Check appropriate quantity for permit held (see instr uctio ns). If you hold more than one producer permit, check the total aggregate quantity produced for each type of permit. Enter the highest quant ity produced in any of the last three calendar years. Brewery Manufacturer/Rectifier Winery □ Less than 250 barrels □ Less than 1,500 liters □ Less tha n 1,000 gallons □ 250 - 2,499 barrels 0 1,500 - 4,999 liters □ 1,000 - 4,999 gallons □ 2,500 - 7,499 barrels □ 5,000 - 34,999 liters □ 5,000 - 24,999 gallons □ 7 ,500 or more barrels □ 35,000 or more liters □ 25,000 or more gallons Calendar year : Calendar year: 2 o 2 5 Calendar year : Quantity: Quanti ty: 2 4 o o L Quantity : I Complete only ONE of Part C, D or E. Part C: Request for Full-Service Retail Sales at the Production Premises 1. Start Date , 2. Production Premises Address 3. City 4. State , 5. Zip Code 6. County 7. Governing Municipality 0 City D Town 0 Village of: Part D: Request for Fixed Full-Service Retail Outlet 1. Are you transferring one fixed full-service retai l outlet to a new location? ... . ....... .. . . . . . . . . . . . . . . . . . . . D Yes □ No If yes , complete boxes 2 through 9. 2. Current Outlet Name 3. Current Outlet Premises Address 4. City 15. State 1 6. Zip Code 7. County 1 8. Governing Municipality 0 City D Town D Village 19. Premises Phone Number of: Continued --+ AB-105 (N. 4-24) - 1 - Wisconsin Department of Revenu e Part F: Attestation Who must sign this app lication ? • sole prop rietor • gene ra l partner of a partne rship • corporate officer • membe r of an LLC READ CAREFULLY BEFORE SIGNING: I understa nd and agree to the following : I will not operate this location outside of the dates and times approved by the municipality and Division of Alcohol Beverages . I will operate this location accord ing to municipal ordinance and restrictions imposed as a condition of receiving this authorizat ion. I will purchase alcohol beverages I do not produce from an authorized source, such as a Wisconsin-permi tted wholesaler. I will operate this location according to Wisconsin law and administrative regulation including but not limited to: underage restrictions , closing hours, licensed operators, and record keeping requirements. Further, under pena lty of law, I have answered each of the above questions completely and truthfully. I agree that I am acting solely on behalf of the applicant business and not on behalf of any other individual or entity seeking the authorization. Further, I agree that the rights and responsibil i- ties conferred by the authorization, if granted, will not be assigned to another individual or entity. I understand that lack of access to any portion of a premises during inspection will be deemed a refusal to allow inspection. Such refusal is a misdemeano r and grounds for revocat ion of this authorization. I understand that any author ization issued contrary to Wis. Stats. Chapter 125 shall be void under penalty of Wisconsi n law. I further understand that I may be prosecuted for submitting false statemen ts and affidav its in connection with this application, and that any person who knowingly provides materially false information on this application may be required to forfeit not more than $1 ,000 if convicted . Signature sf71,i//i . I Date COreA.j 07 / 22 / 2026 Last Name I First Name I M.I. Smi t h Corey Title I Email I Phone Member pobox44l0@gmail . com ( 414 ) 35 0 - 44 10 Part G: For Municipa l Use Only (Complete if Requesting Authorization in Part Dor E) 1. Will the municipality limit the scope of alco hol beverages offered for sale? . . . .. ...... . . . . . . . . . . . . . . . . . . . . D Yes □ No 2. Will the municipality impose any requirements or res trictions for the fu ll-service reta il outlet? .. . ..... . .... ... D Yes 0 No 3. Desc ribe municipa l restrictions indica ted in questions 1 or 2 above. 4. Last Name of Municipal Official 15. First Name 16. M.I. 7. Signature of Municipal Official 18. Date 9. Date Application was Filed with Clerk 1 10. Date Full-Service Retail Outlet Approved by Governing Body AB-105 (N. 4-24) - 3 - Example: A producer applicant requesting an unlimited transfer full-service retail outlet should complete Parts A, B, E, and F. Producer applicants requesting authorization in Part E must complete one Form AB-105 for each premises. Applicants may use the same Form AB-105 to request authorization for multiple dates and times occurring on the same premises. Municipal approval is required for authorizations requested in Parts D and E. If a producer is applying for authorization in either of these sect ions, the completed application must first be submitted to the governing municipality. After the municipality has granted approval by completing Part G, the applicant should submit AB-105 to the Division of Alcohol Beverages for final approval. If the applicant is only requesting authorization in Part C, the application does not require municipal approval and may be submitted directly to the Division of Alcohol Beverages. Specific Instructio ns: Part A: Producer Information • Box 1: Enter the legal business name. • Box 2: Enter the trade name or "doing business as" name , if different than the name in box 1. • Box 3: Enter the name of the approved agent appointed for your producer permit. • Box 4: Enter Federal Employer Identification Number (FE IN). • Box 5: Enter Wisconsin seller's permit number. • Box 6: Enter the 15-digit Wisco nsin Tax Account Number of the permit that these author izations should be associated with. • Box 7: Check the correspo nding producer permit type. • Box 8-10: Enter contact person's name. • Box 11: Enter contact perso n's phone number. • Box 12: Enter contac t person's email address. Part B: Production Quantity • Check the highest cumula tive total of alcohol beverages produced in any one of the three preceding calendar years for each specific perm it type held. 0 Do not include alcohol beverages produced under a cont ract product ion agreement. • Enter the calenda r year in which the highest cumulative total of alcoho l beverages produced was met. • Enter the exact quantity of alcohol beverages produced. • If an applicant holds more than one type of permit or multiple permits of the same type, the aggregate number of full-serv ice reta il outlets that may be established is the maximum number author ized under their permit type, but not exceeding three full-service retail outlets. 0 Under these circumstances, each authorized full-serv ice retail outlet shall serve as the fu ll-service retail outlet associated with each applicable permit , regardless of whether permittee would otherwise be entitled to fewer full­ service retail outlets when calculated under their other permit(s). Part C: Request for Full-Service Retail Sales at the Production Premises • Authorization under this portion does not require municipal approval. If the applicant is not seeking other retail authorizatio ns on this form, it can be submitted directly to the Division of Alcohol Beverages. • Box 1: Enter the date that you would like to begin full-service retail sales. • Box 2-5: List the premises address for the permit identified in Part A, boxes 5 and 6. • Box 6: Name the county where the production premises is located. • Box 7: Name the governing municipality where the productio n premises is located. Part D: Request for Fixed Full-Service Retail Outlet • Authorization unde r this section must be approved by the municipality in which the retail outlet is located prior to submitting to the Divisio n of Alcohol Beverages for final approval. • Box 1: Check yes if you are applying to transfer a fixed full-service outlet from one location to another. Fixed Full­ Service Retail Outlets may be transferred from place-to-p lace once per year with approval of the municipality that governs the new locatio n. • Boxes 2-9: Complete these boxes if you checked yes in box 1 to describe the current premises you are applying to transfer. AB-105 (N. 4-24) Form AB-105 lnstruclions - 2 - away from the premises identified in Box 14. Part F: Attestation • Read the attest ation carefully , then sign and date. Part G: For Municipal Use Only • Box 1: Check yes or no to indicate if the municipality will limit the scope of alcohol beverages offered for sale at this full-service reta il outlet. • Box 2: Check yes or no to indicate if the municipality will impose other requirements or restrictions on the fu ll-service retail outlet. • Box 3: Describe any limitations the municipality has placed on the full-service retail outlet as indicated in questions 1 or 2. Some limita tions may be: parking, zoning , or noise ordinance restrictions; not allowing sales of alcohol beverages for off-prem ises consumption. • Box 4-10: The municipal official completing this part should fill in the infor mation requested . Complet ion and Submission of Form AB-105 • The producer applicant should complete Parts A, B, and F completely, and either Part C, D, or E, depend ing on the type of authorization requested. • If requesting only a Part C authorization , the application can be submitted directly to the Division of Alcohol Beverages . No municipal approva l is required for Part C authorizations. • If requesting a Part D or E authorization, provide the application to the municipality where the proposed full-service retail outlet will be located. 0 The municipa lity should comp lete Part G and return it to the producer applicant. 0 The producer applicant should provide the completed AB-105 to the Division of Alcohol Beverages for fina l approval. • Sales of alcohol beverages at full-service retail outlets may not commence until the Division of Alco hol Beverages has provided final approval by way of issuing a pri nted authorization to the applicant to be posted at the retail premises identified in thi s application. After Form AB-105 is completed by the prod ucer and approved by the municipality in Part G, submit the form to the Division of Alcohol Beverages for final approval in one of two ways: • Email: DORAlcoholPermits@wisconsin .gov • Mail the form to the following address: Wisconsin Department of Revenue Division of Alcohol Beverages P.O. Box 8934 Madison, WI 53708-8934 Assistance This form is des igned by the Department of Revenue. If you require assistance with this form, consider reaching out to the Division of A lcohol Beverages for assistance with submission of this application and associated forms. If you have quest ions about alcohol beverage laws and regulat ions, you may contact the Division of Alcohol Beverages using the contac t informati on below. Website: DOR Alcohol Beverage (wi.gov) Write: DORAlcohol@wisconsin.gov Call: (608) 264-4573 AB-105 (N. 4-24) Form AB- 105 lns~uclions - 4 - 6e Richfield Fire Department 4166 Hubertus Road Hubertus, Wisconsin 53033 (262) 628-1601 • rfdinfo@ richfieldwi.gov Gregory West, Fire Chief MEMORANDUM To: Village of Richfield Board of Trustees Re: July Fire Department Activity Update Date: 3 August 2026 DSPS GRA.t'IT CHECK PRESENTATION On July 11, Secretary Hereth ( with the Wisconsin Departmen t of Safety and Professional Services) , joined members of the Germantown , Jackson, and Richfield Fire Departments to hand Explorer Post 17 a ceremonial check associated with the Youth Volunteer Firefighter Trainin g Grant. The $22,580 grant has provided funding for the purchase of the following items: • 1 Branded tablecloth ($333) • 1 Branded retractable floor banner ($151) • 20 MSA G l SCBA facepieces ($8,542) • 2 CPR training manikin kits ($2,206) • l Fire training fog machine ($989) • 1 Fire extinguisher training portable flame generator ($1,682) • 1 125# Rescue Randy manikin ($1,772) • 1 Economy adult air.vay trainer ($1,433) We will also be purchasing 20 pairs of firefighting boots (approximately $3,500), along with raw materials to build training props (approximately $900). After the first of the year, the grant will also pay the $ 1,050 fee to renew our Scouting America preceptors. Richfield Fire Department 3 August 2026 Page 2 of 4 JOE MAlVIA'S "FILL THE FIRETRUCK" FUNDRAISER On July 18, members of the Richfield Fire Depa1tmentjoined Joe Mama's to supp01t their "Fill the Firetrnck" campaign to support the Sussex Area Service Club and their donation drive for non-perishable food items and baby essentials. JUNE DATA EMS Calls= 62 (355 in 2026) Mutual Aid Given= 8 500 450 400 350 300 250 200 150 100 so ■ 0 Jan Feb Mar Fire Calls= 14 (80 in 2026) Mutual Aid Received= 3 Total Calls = 76 (435 in 2026) 2026 Running Call Volume Totals Apr May Jun Jul Aug Sep Oct ■ Fire ■ EMS Nov Dec 800 700 600 500 400 300 200 100 0 I L/1 co N N 0 0 N N Jan Richfield Fire Department 3 August 2026 Page 3 of 4 Call Volume Year-to-Year Compa rison (2025 to 2026) I I I I L/1 co L/1 co L/1 <D L/1 co L/1 <D L/1 <D L/1 co L/1 co L/1 <D L/1 <D L/1 N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ F ire ■ EMS BUDGET (THROUGH AUGUST 2 PAYROLL [59% OF THE YEAR COMPLETED]) _.f!t~gor . ~~-= =~~==•-===- Spent Unspe n_t Personnel $875,426 (56.5%) $673,474 Ut~liti~s, Buildings , and Equipment $98,451 (61.1 %)1 $62,734 Su)_)plies1. Training , Services , and Fuel $72_,068 (69.0%)2 $33,792 Vehicle Escrow $257,359 (100%) $0 PPE/Capita.!_ - -~~~~---~~ $5,593 (31.J12) ~ 2,407 T~ta13 ~ $1,054,439 (57.4%)3 $782,406 1 Numerous SaS platforms are billed on the first of the year (front-end loaded), resulting in a higher percentage being expended earlie r in the year. 2 Includes payment of 6% of EMS revenues for 2025 to the RFD's EMS billing company. 3 Vehicle escrow information excluded from nmning totals. $180,000.00 $160,000 .00 $140,000.00 $120,000 .00 $100,000 .00 $80,000 .00 $60,000.00 $40,000 .00 $20,000 .00 $- I EMS Net Collections I I I I ■ Mon thly Net Collections ■ Running Total EMS net coll ections for 2026 = $ 157,168.55 Richfi eld Fire Department 3 August 2026 Page 4 of 4 7a VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DATE: August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: V l 0 _ l 26300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator POLICY QUESTION: DOES THE VILLAGE BOARD WISH TO ACCEPT AND APPROVE THE RECOMMENDATION FROM THE PLAN COMMISSION TO GRANT A SPECIAL EXCEPTION TO ALLOW FOR THE SINGLE-FAMILY HOME EXPANSION FOR PROPERTY LOCATED AT 223 SHADY LANE? ISSUE SUMMARY: Pursuant to Section 170.1803 entitled "Nonconforming Buildings" a legal nonconforming building may be used for any conforming use. A nonconforming building that is used for a conforming use may be enlarged, provided that the building addition complies with all requirements and the Plan Commission and Village Board authorize such an enlargement pursuant to the requirements in Article 5. Pursuant to the procedures and requirements of Article 5, the Plan Commission may approve a special exception to authorize the construction of a building addition within a building setback area provided that: 1. The existing building was legally established Staff Response: This is a single-family residential home (SFH) built in 1979. The Village believes the SSFH was legally established. 2. The use of the building is legal conforming Staff Response: The use of the building for a 'Single-Family ' dwelling is permitted in the Rs-1 , Country Estate District and therefore comp lies with this standard. 32 VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICA TION FORM MEETING DATE : August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: VlO 126300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy , Village Administrator SE l26300E 34).93 l 26lOOD 237 .... 227,'11 201.12' ', 107.73 .,o:, ·..r.,,, 126JOCF 221 <-t0..> tl\ .sb' ; , .., 197 ~ 1263002 , ... 3. The addition is not located in an existing or proposed street or highway. Staff Response: The addition is not located within the right-of­ way on Shady Lane and therefore complies with this standard. 4. The existing building to which the addition will be attached is located with a front-yard, side­ yard, and/or rear-yard setback area Staff Response : The proposed addition it to be added to the rear of the SFH. The addition wou ld located within the side yard setback as depicted in the site plan and therefore compl ies with this standard. 5. The building addition is in compliance with the height limitations of the zoning district in which it is located, and is not greater in height than the contiguous portion of the existing building Staff Response: The building addition is in compliance with the height limitations of the zoning district in which it is located, Rs-1, Country Estate District. The maximum height of SFH in this District is 35 feet. The proposed height of the SFH with the addition is 23 '-9" therefore complies with this standard. 6. The building addition does not extend closer to the lot line that is the lot line that is creating the non­ conforming situation than the existing building (it, the non-conforming aspect of the building addition is/are not made worse by the proposed expansion) Staff Response: The proposed addition does not extend closer to the lot line that is the lot line that is creating the non­ conforming situation than the existing building and therefore complies with this standard. The proposed addition to the SFH in question impacts the side yard setback on the north and south side of the home. The side yard setback in the Rs-1 Country Estate Zoning Dstrict is 40 feet. The current SFH is 13.2 feet from the north property line. The proposed addition will maintain the same distance with the addition. The current SFH is 38.2 feet from the south property line. The proposed addition will maintain the same distance with the addition. 7. The building addition does not extend into a setback the existing building does not currently encroach upon rendering the proposed buildin g non-conforming in a manner it was not previously, prior to the proposed expansion Staff Response: The proposed addition does not extend into a setback, the existing building does not currently encroach upon rendering the proposed building non-conforming in a manner it was not previously and therefore complies with this standard. VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICAT ION FORM MEETING DATE: August 20, 2026 SUBJECT: Special Exception for home expans ion located at 223 Shady Lane (TNK: Vl 0 _ l 26300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator 8. The building addition complies with all other dimensional standards that may apply Staff Response: The building addition complies with all other dimensional standards that may apply and therefore complies with this standard. Pursuant to Section l 70.1803(C)(3) , in making its decision, the Plan Commission shall consider the following factors in addition to those factors listed in 170.443: 1. The size and location of the existing legal nonconforming building 2. The size and location of any other buildings on the subject property 3. The size and location of the proposed expansion 4. The necessity of constructing the addition within the setback 5. The proximity of buildings and other structures on adjoining properties 170.443 Basis of Decision A. The size of the property in comparison to other properties in the area. Staff Response: The size of the parcel is 6.9-acres. The surrounding properties on Shady Lane are more traditional lots with all being roughly an acre in size. These sutTounding properties are zone Rs-3 Sing le Family Residential. There are no homes on the east side of Shady Lane. To the rear (west) of the parcel and the residential lots on this street is an open farm field that is owned by the petitioner which wraps around the existing homes in the platted subdivision. J 1 ~t!· ,;~mr '-! \ > j : ~ : \ 300 {., B. The extent to which the issuance of the special exception would be in ~-:::!l_, . .,,,==,,-=-,,....,;', ' keeping with the overall intent of this chapter; Rich 'ieid 43344330 ... SE 11'157'1 Staff Response: The Rs-1, Country Estate District is a residential zoning district. It is intended for lots that are larger than 10 acres currently and lots greater than 4 acres that were created prior April 18, 1996 which this lot was. The intent was to create a Zoning District which allowed residential land uses along with hobby farm privileges on larger 'esta te lots' .. Additionally, this provision in the Code was made as a policy decision of the Plan Commission to allow it to consider these types of unique situations for redevelopment or expansion of existing commercial, industrial, or residential structures. C. Whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception; Staff Response: This property is unique in that it only has a street frontage of 109 feet but is almost 7 acres in size. This limi ted street frontage and with the current location of the home makes expansion of the home difficult without encroaching. The proposed addition to the home will carries the current architectural characteristic of the home through to the addition. VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNlCA TION FORM MEETING DATE: August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: V l 0 _ l 26300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator ,,.. VILLAGE OF RICHFIELD VILLAGE BOARD COMMUN1CATION FORM MEETING DATE : August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: V l 0 _ l 26300E)- Josh Grorich, Petitioner /Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator □ ,..,. ,. :.,· D. The nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception was granted; Staff Response: N/ A E. The nature and extent of anticipated positive and negative effects on properties in the area; Staff Response: This is a very subjective standard that Staff believes needs to be individually weighed by the Plan Commission members, but it is the opinion of Staff that this is an entirely positive development for the area with little-to­ no downside. F. Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception; Staff Response: N/ A G. A factor specifically listed under a section of this chapter authorizing the issuance of a special exception; and H. Any other factor that relates to the purposes of this chapter set forth in§ 170.05 or as allowed by state law. Update August 14, 2026 On August 6, 2026, the Plan Commission made the following motion regarding a reconunendat ion to the Village Board. Motion by Vice Chairman Naze to reconunend approval to the Village Board for the proposed Special Exception for Josh Grorich for the property owned by Julie Grorich for property located at 223 Shady Lane (TNK: Vl0 126300E), as prepared for Josh Grorich , with the following conditions of approval: ~ VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DATE: August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: Vl 0 _ l 26300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBM ITTED BY: Jim Healy , Village Administrator Specific Conditions of Approval: 1. Prior to breaking ground on the addition, the petitioner must sign the Decision Letter prepared by Village Staff detailing the decision by the Plan Commission and Village Board. 2. Prior to breaking ground, the petitioner must receive approval from Building Inspection Department for the proposed addition and renovation of this single -family residentia l home. 3. Prior to breaking ground, the petitioner must pay all professional fees associated with the proposed Special Exception. 4. Prior to breaking ground, the petitioner sha ll sign a deed restriction that is reviewed and approved by the Village Attorney. General Conditions of Approval: I. The appl icant shall satisfy all comments, conditions, and concerns of the Village Administrator, Planning and Zoning Administrator, Village Engineer, Village Planner, Village Attorney and Village Building Inspector. 2. Any unpaid bills owed to the Village by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, pennit fees, or any other fees owed to the Village; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village, including possible cause for termination of this approval. Seconded by Commissioner Bartel. Motion carried unanimously by voice vote. FUTURE IMPACT AND ANALYSIS: Forward to Village Board: Yes Additiona l Approvals Needed: Yes Signatures Required: Yes ATTACHMENTS 1. Appl ication Materials by Josh Grorich REVIEWEDB VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICA TION FORM MEETING DATE: August 20, 2026 SUBJECT: Special Exception for home expansion located at 223 Shady Lane (TNK: V 10 _ 126300E)- Josh Grorich, Petitioner/Julie Grorich, Owner DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator STAFF RECOMMENDATION: Motion to accept and approve the recommendation from the Plan Commission for the proposed Special Exception for Josh Grorich for the propert y owned by Julie Grorich for property located at 223 Shady Lane (TNK: V I 0_126300E), as prepared for Josh Grorich, with the following conditions of approval: Specific Conditions of Approval: 1. Prior to breaking ground on the addition, the petitioner must sign the Decision Letter prepared by Village Staff detailing the decision by the Plan Commission and Village Board. 2. Prior to breaking ground , the petitioner must receive approva l from Buildin g Inspection Department for the propo sed addition and renovation of this single-family reside ntial home. 3. Prior to breaking ground, the petitioner must pay all professional fees associated with the proposed Special Exception. 4. Prior to breaking ground, the petitioner shall sign a deed restriction that is reviewed and approved by the Village Attorney. General Conditions of Approval: 1. The applicant shall satisfy all comments, conditions, and concerns of the Village Administrator, Planning and Zoning Admini strator, Village Engineer, Village Planner, Village Attorney and Village Building Inspector. 2. Any unpaid bills owed to the Village by the subject property owner or his or her tenants, operators or occupants, for reimbursement of profe ssional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, pennit fees, or any other fees owed to the Village; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirement s of this conditional approval that is subj ect to all remedies available to the Village, including possible cause for termination of this approval. APPROVED FOR SUBMITTAL BY: VILLAG E CLERK USE ON LY BOAR D ACTION TAKE N Resolution No. _____ _ _ Continued To: ______ _ Ordinan ce No. _ _ _ _ __ _ Referred To: ______ _ Approv ed ______ _ Denied ______ _ Other _ ____ _ _ File No. ______ _ t1i\1J~ii¥~¥11?Jiititlill~JJ.~1ii}1tiliiii#itit{~i~Itiflfi~:;~II~i1Blf!~iit~t~~ i .~t'::~ l:lllilhk, ·<1t1u11 -- 1r.:.,-~- ,liYIJ~%,;f 1;·;~;:;~;:;,;Jl\lliJ .. -·- •· "•,'~~I l:kV-JL tun _o.-. , u,, .... , .... ....... ~-::-:~11 ::-:,~;:::°;:- l>•i:-,•" Cl'.> C1> r, 0 ::, 0. ..,, 0 Sl "'C § 1e , !'=I =i.1rr===;rn=r!-i~n=,!l==~~==~§:::~~~ [ ! i · · ,, 0 0 0 ..., H i ~--------~,-::;,._ !- -·-···· ~ = 1.i : = : t : : : 1 = , , r ii !\ , 111ii11, i~\ '· 1· i L_.f • ! .J....l.u....J.....L.1..... .) I.\ \ ! 1, L.._ - ~i 1• I ----- -\ \ " // I/ ·' I . ' r ----- 1 :~ r; ~ :'i=~l.Jh..\ \ .it .~u H11 . j' l a}f p=c=~J \ \ ~ l I / f [} TlT:iT "TT====-11 t==== .J I ii / l , L ; 1 :~ ~ ~ ~, / i ii~ ; ~/ 00 > •O 0 ~ • 7 ~: '!' 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'l I; : ! i □ [ r t □ Jlulir unplotted lands Vol, 10&2 page 270 of ~uru-ty tar ~rnrirq i/0 I 2.f..p300 £ That port of the Southeaal One-quarter (1/4) ot Sectron Thirty-two (32), In Township Nine (9) North, Range Nineteen (19) Eoat, rn the Town ot Rlchfleld, County of WoshlnQton, State of 'M'aconsln, bounded ond de11cribcd as follows: Commencing at the East 1/4 comer of said Section 32, In Township 9 North, Range 19 Eont; thence Weal on the Eaat 1/4 line of aold Sectton 608,15 feet to the point of beginning of thla de:sa'fptlon; thence South 651.30 feet; thence North 84'00' East 266.83 feet; (formerly described 01 North 83"08' East 227.81 feet} thence South 2414' East en a llne westerly of the C/1.. of Jay Drive 109.42 feet, (formerly recorded oa thence South -4019' Eo ■t 130.00 feet): thence South 82"50'30• Wast 207.72 feel; thence South 34"57' East 49J.28 feet; thence North 69"55'Jo• West 540.16 feet: thence North 0016' Eoat 1152.71 feet: thence Eaat 1~.05 feet to the point of s se"38'42" w eoe..1s (r.ci • ..t) ~ beginning. ~ --- - - --- - - --- - T 104.M unplotted lands Doc. 860302 ~ ~~1~c:om« / CCl'lc.man/'b,macq, ..... 4-4,ZJSillU _/ 1.,4&],IOl.7' (St.rt. PI01't41 Qllcrdhot•J ----------- / 157.•' 1.1 ~ ln i.vd • ,. hr, pipe ..... 0 "' 6.962 acres (JoJ,27B oq. tt.) unplotted lands Vol. 87J poQe -'99 I I --------/ unplctted lands Ycl. 987 po9e 410 unplotted lends Vol. 1802 pnge 188 o 50 100 Scale In feet 1· ~ 100· 200 o - rndic:ates 1.3•od x 15• welghrng 1.68 Iba/ft. Iron pipe aot. House Detail: Scale.: 1• - 40' 1•20' 12 ..J,,,.2~ • ,~, v.o-s ' unplatted lands Vol. 1225 page 15 (r.o. N N'515":~ 'It) S 88"43'12" W 540.16 unplatted lands Doc. 885148 -- -- unplatted lands Vol. 1075 page 1521 State of Yl'fsconatnl N:Q.04',E:a.,r Washington County 1 .1. unplotted lands Vol. 1082 page 270 .·:·::r!!t, 1vs;❖,,.). 1-\ , I certtfy that I hove aurveyed the above descrfbed (Property) , and the above mop la o true representation thereof and ahowa the alze and locaUon of the Property, ltti exterior boundaries, the lccat!on and dimensions of all vfelble atructuree thereon, boundary fencee, apparent eoaementa, and roadways and vfsible encroachments, If any. Thia ~rvey la mode for the exclualve U!'.e of the ~preeent owners of the Property, and oleo • ·thoaa who purchoae, mortgage. at guarantee the tltle there ~In one (1) year from date hereof. ·4-K I ) 'fl Dated thlo JZ day of h', ,'.)J',v.7 2004. • ~ A • ,. Regis ..-: d Land Surwyor Accurate Surve~ng 4-483 Hwy 33 W. West Bend, 'M 53095 Phone: (262)338-6885 fax: (262)629-1624 <;'rJ ._'1-.~~ 10-~,-- n 1n- t:\RIDffl.D\5ECl2\~ HAY 2 5 201Jl ,1st JJuHr unplotted lands Vol, 1062 page 270 of §urirty tor- Qirorirq - .... ,:: _?.,::> .. ? That port of the Southeast One-quarter (1/4) of Section Thtrty- two (32), In Township Nine (9) North, Rongo Nineteen (19) Eoat, fn the Town of Rlchfleld, County of Washington, State of W1I consln, bounded and described 01 follows: Commencing at tho Eaat i/4 comer of aold Section 32, In Townahlp 9 North 1 Rongo 19 Ecnt: thence West on the East 1/4 line of 1101d Section 608.15 feet to the point of beginning of this dmcrfptlon; thence South 651.J0 feet; thence North 84'00' East 286.83 feet; (formerly descrfbed as North 83"08' East 227.81 feel) thence South 24"14' East on a llne westerly of the C/L of Joy Drive 109.42 feet, (formerly recorded 011 thence South 40"19' Eoat 1.J0.00 feet): thence South 82-S0'Jo• Wast 207.72 feet: thence South J-!"57' East 49J.28 feet; thence North 89"55"J0" We,t 540.1 6 feet; thence North 00"16' East 1152.71 feet; thence East 148.05 feet to the point of beginning. ~ s 88-J.8"42" W 808.15 (r,o- -t) ~ _____ - - --- - r 104.85 unplatted land! Doc. 860302 ~~~Ulc:m,.,. / ca,c.mor,/bn:7- (qi ..... .f.4.2.388.84 _j %.4&UOl!J.74 (Stat. Pr- o.ardttof•J ----------- / unplatted londa Vol. 973 page 499 I I ---- - ---/ unplatted lands Vol. 99:, page 410 unplotted londa Vol. 1l!02 puge 168 I I I-I I I I (r.a.) moan• "recorded ao" Baarlngs ore referenced to the Wisconsin ( Coordinate Grid S)'lllem, South Zone. The _/ f north llno of the SE 1/4 of Soc. J2-9-19 - - - - hes a grid bearing of N BB"J8'42• E. unplotted lands ( I O 50 Scale 1:0 feet 200 N ,.,:;~;:,::,~ ~ ~\ : : ::.~:;~•;=::::: ,.rr ~ 1£.,, ~'c 6.962 acres (303,276 ... fl) ~, l-----'"'5~7·cc•·----,'ai""~.t1ad : J2.2 ~ \·~;.~~ I \1' ~ ~ i ' Hause Detail: ---~~~~· :i'ii~·-~c1~~2' ' . w zo7 .'72 , , 01•20·12~,.,. ,I) " '" (r.a. N IMJ'56':kf W) lr.G.S "" unplotted lands Vol. 1225 poge 15 unplatted land:11 Doc. 88514& -- - unplatted londa Vol. 1075 poge 821 1· lrafl pipe Scola: 1• - 40' S B8"43'12" W 540.16 , ..... ~O.eo',W::0.25' 1.1 i~ ln leqc,11 1· "" ,_.. -State of Wisconsin) N:0.04',c:a.,Z' Washington County)a.a. I certify that I have surveyed the above described (Property), and the above mop la a true representation thereof and ahowa the alze and locatlon of the Property, lta exterior boundorlea, the location and dlmenalona of all vlalble structurea thereon. boundary fences. opporent easements, and roodw0>9 and ~slb le encroochmente , If any. This survey la mode for the exclualve uee of the -preeent owners of the Propert y, and a!ao ·those who Purchase, mortgage, at guorontee · the tltle ther wt.._thln one (1) year from dote hereof . .J.A ) 1 );{/J'--- Doto d thla .J.a:!:. day of H bl',vJY 2004. '>'~. ,. • ~~ .'' Regret ,, d Land Surveyor Accurate Sul'Vl!lylng 44BJ Hwy JJ W. West Bend, 'M 53095 Phone: (262)JJ8-6885 fox: (262)629 - 1624 ····•·i,11 •t.' n1 " - I: \RIOlfltD\5ECl2.\tltOR!at MAI' 2 5 2001 7b VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DATE: August 20, 2026 SUBJECT: First Amendment of Deed Restricti ons to Scenic Grove Subdivision DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator POLICY QUESTION: DOES THE VILLAGE BOARD WISH TO CONDITIONALLY APPROVE THE PROPOSED DEED RESTRICTION AMENDMENT FOR SCENIC GROVE SUBDIVISION? ISSUE SUMMARY: --" 1319017 1319008 ffl Scenic Grove Subdivision :, lf)I I 1319ggr 382,1 \ I 3 1:i!l:\[° 2 l319001 131913851 - 11~--Pa,Oll-l ~ ---- =~ : CSM 1571 m o 358 34 l'.380:116 -· 16 l 1321011 I?. • 3,7_81 1319015 10 ,. 13190 i'71 1 ---- ----- - -s -~-';"- ... ____ _ ..,...,,,"~ ,,~' Scen,i°~ ,.,.,,1 ' r~ --- - Parrow Hawk-Tr/ --- , ~ - _.., 1m11:JS I - ~--~ ,_,, 3805 '5 1321007 01.2 • ~3 I Part.el 1 1327 : 314 132000A ' " .,:r~ - 1328013 • I 1321j'865 ,o. 132~ :J31 1321006 1Jl l008 1336019 1336015 3848 <31!,66cen c Ridge 14 1336014 SE ' 133400A 1321012 !33400B Final Plat Of ',VL'Odrldge East 13}'.'l,19 1319018 Ol.2 2l!i3400C P>to,12 1319020 '<--:. 131~ 0 cs 1: The Continental Divide Company, Ltd. platted the Scenic Grove Subdivision nearly 25 years ago in 2002. The subdivision is a 10-Lot and Two Out Lot Subdivision consisting of Sparrow Hawk Trail and Raptor Court. The Village Staff has been working with the property owners in this subdivision since July of 2025 regarding updates to the 'Declaration of Restrictions ' for the Scenic Grove Subdivision. The proposed First Amendment to the Declaration of Restrictions for Scenic Grove largely maintains the existing character and intent of the subdivision's covenants while updating and clarifying several provision s. The Declaration continues to emphasize single-family residential use, protection of property values, attractive and harmonious development , maintenance of individual lots, and preservation of the overall appearance of the neighborhood. It also retains detailed requirem ents governing home construction, landscaping , drainage, recreational vehicles, animals , signs, swimming pools, outbuildings, and other property improvements. One of the most significant changes is the addition of a specific enforcement role for the Village of Richfield . The proposed language expressly states that the restrictions and the obligations of the Association and individual property owners benefit the Village and are enforceable by the Village. If a covered restriction is violated, the Village would have first provide written notice and conduct a hearing before the Village Board. If the violation remains unresolved after the required period, the Village could pursue remedies including an injunction, recovery of costs and legal expenses, performance of remedial work, or a special assessment or special charge against the property responsible for the violation. Important to note that we have the ' right ' but not the 'obligation' to seek enforcement actions on these First Amendments to the Declaration of Restrictions. VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DA TE: August 20, 2026 SUBJECT: First Amendment of Deed Restriction s to Scenic Grove Subdivision DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator The revised document also continues to give the Scenic Grove Association and its Architectura l Control Board substantial responsib ility for maintaining the standa rds of the development. The Association remains responsible for common areas and has authority to enforce the Declaration and adopt rules for the management and use of those areas. The Architectural Control Board retains the authority to review and approve new homes, additions, garages, landscap ing, fences , and other improvements before construction or installation. The Board may consider factors such as materials, appearance, color, location , setbacks, drainage, landscaping , and compatibility with surrounding propertie s when making those determinati ons. The proposed restrictions continue to establish specific standard s for the physical development of the neighborhood. These include minimum home sizes of 2,000 square feet for single-story homes and 2,400 square feet for two-story homes, requirements for attached two-car garages, restrictions on exterior building materials, architectura l roofing standards, and detailed requirements for detached garages and outbu ildings. The Declaration also retains requirements for gradi ng and drainage, landscaping plans, driveway construction, construction -site maintenance, underground utilities, and other improvements intended to preserve the appearance and cons istency of the subdivision. Several property-use provisions are also addressed or clarified. Recreational vehicles, boats, trailers , commercial vehicles , and similar equipment remain subject to location and Architectural Control Board approval requirements . The restrictions continue to limit the number and type of animals that may be kept on a lot and prohibit conditions that create excessive noise, odors, rubbis h, or an unclean appearance. Above-ground swimming pools remain prohibited, while in-ground pools must satisfy fencing, safety, electrical, and approva l requirements. Signs are also tightly regulated, with the Declaratio n generally allowing only a small for-sale sign on an individual lot. The draft also makes severa l adjustments to operational provisions and also makes modest changes to verbiage (ie: Town of Richfield v. Village of Richfield). It retains construction requirements concerning debris , road cleanliness , dumpsters, burning , and construction signage, with the accompanying notes indicating that these provis ions should remain available in the event a home must be rebuilt. The garbage and refuse provisions have also been reviewed, with the draft contempla ting whether resident s should be permitted to keep approved garbage and recycling containers outside rather than requiring them to be stored inside except around collection time. The document continues to provide for Association assessment capabilities to maintain common areas and establishes procedures for collecting those assessments. Finally, the Declaration retains the concept that these restriction s run with the land and therefore apply to all future owners of the Scenic Grove lots. The current proposal allows amendment s upon execution by owners represent ing at least 50 percent of the lots and recording of the amendment with the Register of Deeds, although the accompanying note indicates an interest in obtaining signatures from all owners if possible. The Declaration would initially remain in effect for 20 years and then automat ically renew for successive 10-year periods unless properly terminated. Overall , the proposed changes appear intended to preserve Scenic Grove 's existing private residential standards while providing clearer enforcement mechanisms , particularly by defining a role for the Village, which did not previously exist, when the Association or individual property owners do not adequately address violations. FISCAL I MPACT: REVIEWED BY:~r-. ~ C\ ,1 r , r-. ec:--.. W r> ~ t'---....- Village Deputy Treasurer \l Initial Project Costs: NIA Future Ongoing Costs: Variable and situationa lly dependent Physical Impact (on people/space): Per Declaration of Restrictions for Scenic Grove Residual or Support /Overhead /Fringe Costs: N/A VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DA TE: August 20, 2026 SUBJECT: First Amendment of Deed Restrict ions to Scenic Grove Subdivision DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator ATTACHMENTS: 1. Declaration of Restrictions of Scenic Grove Subdivision (Clean & Redlined) STAFF RECOAf1\IJENDATION: Motion to approve the proposed First Amendment to the Declaration of Restrictions of the Scenic Grove Subdivision, subject to the Specific and General conditions listed below: Specific Conditions of Approval: 1. Upon filing the First Amendment to the Declaration of Restriction s for the Scenic Grove Subdivision at the Washington County Register of Deeds , the applicant shall provide Village Staff with a copy General Conditions of Approval : 1. The subdivider shall satisfy all comments, conditions, and concerns of the Village Engineer, the Village Planner, and all reviewing , obj ecting and approving bodies, including, but not limited to, the Wisconsin Department of Commerce per Ch. 236, Wisconsin Statutes and Ch. Comm. 85, Wisconsin Administrative Code; Wisconsin Department of Administration per Ch. 236, Wisconsin Statutes; and Washington County. 2. The subdiv ider shall, on demand , reimburse the Village all costs and expenses of any type that the Village incurs in connection with this development, including the cost of professiona l services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application , as well as to enforce the conditions in this condition al approval due to a violation of these conditions. 3. Any unpaid bills owed to the Village by the subject property owner or his or her tenants , operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes ; of for real property taxes; or for licenses , permit fees, or any other fees owed to the Village; shall be placed upon the tax roll for the subject property if not paid within thi1ty (30) days of the billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village, including possible cause for termination of this approval. APPROVED FOR SUBMITTAL BY: VILLAGE CLERK USE ONLY BOARD ACTION TAKEN Resolution No. ______ _ Continued To: ______ _ Ordinance No. ______ _ Referred To: -------Approved ______ _ Denied ______ _ Other ____ __ _ File No. ______ _ DECLARATION OF RESTRICTIONS OF SCENIC GROVE This Declaration is made this 22 day of July, 2026, by The Lot Owner s of Scenic Grove subdivision (hereinafter called Owners). RECITATIONS WHEREAS, The Owners own all those lands more particularly described on attached Exhibit "A" herein- and ' • ' WHEREAS , the Owner s desire to subject the lands within the de ve lopment to the conditions, restrictions, covenants, reservations and easements hereinafter set forth, for the benefit of the development as a who le and for the benefit of each lot owner. DECLARATION NOW, THEREFORE , the Owners hereby declare that the real estate described on the attached Exhibit "A" and all portion s thereo f ( except for dedicated streets) shall be used , held, transferred , sold and conveyed subject to the conditions , restrictions , covenants, reservations and easements hereinafter set fo1ih, which shall inure to the benefit of and sha ll pass with eac h lot as covenants running with the land and shall apply to and bind all successors in interest , users and owners. GENERAL PURPOSE The genera l purpo se of this Declaration is to ensure the best use and most appropr iate development and improvement of each lot thereof; to protect owners of lots against such use of surrounding lots as will detract from the residential value of their prope1iy; to preserve , as far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or poorly propo11ioned struct ures; to obtain harmonious use of material and color scheme; to encourage and secure the erection of attractive homes thereon with appropriate locations thereof on lots to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from street and adequate free spaces between structures and, in general, to provide adequately for a high quality of improvement on all property , and thereby to preserve and enhance the values of investments made by purchasers of building sites therein. Owners make no assurance that the stated intentions shall result in stability or increase in value of a lot in the subdivision. SINGLE FAMILY USE: GENERAL RESTRICTIONS A. Eac h lot sha ll be used solely and exc lusive ly for resident ial purposes by one fami ly, except that business act ivities may be conducted in or from any home if confined solely to the transaction of business by telephone or electronic means. The term "residential purposes" shall includ e only those activities necessary for or normally associated with the use and enjoyment of a homesite as a place of residence and limited recreation. B. Only one home may be constructed on each lot and no garage, house trailer, recreational vehicle or othe r improvement ( except for the home) shall be used for temporary or permanent living or sleep ing for the family or guests without the prior approva l of the Architectural Contro l Board , hereinafter referred to as Board. C. Each lot shall be maintained by the lot owner so as to be neat in appearance when viewed from any street or other lot. D. No lot shall be used in who le or in part for cond ucting any unlawful activity or for any unlawful purpose. E. Government Restrictions. The Owners, their successors and assigns , and all patiies hereafter having an interest in the prope1iy , are subject to all rules , code , regulations and ordinances of the Village of Richfield , Washington County , the State of Wisconsin and the federa l government, and the same may be more restricti ve than these Restrictions. In the event there is a conflict between the requirements of these Restrictions and any provision of any Village, County , State or federal law or regulation , the more restrictive provisions shall apply. USE AND MAINTENANCE OF COMMON AREAS Any signs, monuments or structures constructed by the Association sha ll be properly maintained by the Association hereafter. Any Common Areas set aside or developed by the Developer or the Assoc iation shall be properly maintained by the Associat ion as required by the Village of Richfield and the Final Plat. When maintenance is required, the Association shall perform the same and any cost in maintaining the same sha ll be assessed against each lot owner in the development. Each lot owner sha ll be assessed a fee equa l to 1/10 of the total cost incurred by the 2 Association in maintaining these. Such improvement costs shall include , but not be limited to, taxes, if any; insurance; repair, replacement and addition to the improvements made to common areas; equipment, materials, labor , management and supervision thereon; and all costs the Association reasonably incurred in conducting its affairs and enforcing the provisions of this Declaration. Each lot owner shall pay in full his portion of the assessed fee within 30 days after receipt of notice of the same. The Association may enforce payment of the assessed fees by the filing of a lien and/or suit to collect any fee assessed for maintenance of the above. Assessment shall be approved by a duly convened meeting of the Association and the Association shall be represented by a three member Board of Directors (sometimes referred to as Director s). The Developer appointed the initial members of the Association. The lot owners in the Association shall appoint the three members of the Board of Directors. Two members of the Board of Directors shall constitute a quorum and any action taken by the Board of Director s shall be taken by majorit y vote. The Board of Directors shall have the direct responsibility to provide for the maintenance of improvements in the common area s, establish date s and procedures for election of members and to promulgate operating procedures for the conduct of the Board of Director s and to enforce the provisions of this Declaration. Assessments shall be approved by a duly convened meeting of the Board of Directors. Notice of an assessment shall be personally or electronicall y deliver ed to each owner subject to the assessment or delivered by regular mail to the last known address of such owner. Assessments not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the date due until paid. Memb ers of the Board of Directors shall not be liable for any action taken by them in good faith in dischargin g their duties hereunder , even if such action involv es a mistake in judgment or negli gence by the member , agents or employees of the Board of Directors . The Association shall indemnify and hold the member s of the Board of Directors hannle ss from and against all costs and expenses in connection with any suit or other action relating to the perfonnance of their duties hereund er. The members of the Board of Director s shall not be entitled to any compensation for the services of such member s. If a lot owner is delinquent in the payment of charges, assessment and special assessments charged or levied against his or her lot, he or she shall not be entitled to vote until all such charges and assessments have been paid . Members may vote in person or by proxy. ENFORCEMENT BY THE VILLAGE The restriction s imposed upon the Property , and the obligations of the Association and Owners all benefit the Village and are enforceable by the Village. 3 If an obligation or restriction contained in any of these sections of this Declaration ; Single Family Use: General Restrictions, Use and Maintenance of Common Areas, Landscaping and Drainage or Construction is not performed or fully complied with by the Association or any one or more of the owner s (in each case, a "Breach "), Village may, but is not required to, seek the following enforcement in the following manner: A. Notice and Hearing. Village shall first provide written notice of the specific Breach to the entity which failed to perfonn said obligat ion or who owns the portion of the Property where the restriction or provision or obligation is not being complied with or fully perfom1ed (as the case may be), with copy to the Association if the Assoc iation is not the offending patiy , and in any case, the Village Board sha ll provide for a hearing regarding the alleged Breach at which all Owners and Occupants may attend and speak. 8. Remed y. If, within thirty (30) days afte r the hearing provide d above, the Villa ge determine s that a Breach existed and that such Breach has not been remedied , and if the Assoc iation has not taken step s satisfactory to the Villa ge to remedy the Breach , the Village sha ll be entitled to seek any one or more of the followin g remedie s: l . Injun ction. An injunction compelling the person committing such Breach to remedy it. 2. Money Judgement. A money judgement aga inst the person committing such Breac h for all moni es owed to the Villag e as a result of the Breach including all lega l and professional con sulting fees and cost of litigation incurred by the Village in obtainin g an injunction or money judgement or both. 3. Performance of Work. The Village may cause any work to be performed on the Common Areas in order to remedy any Breach. The performance of any such work shall not cause the Common Area s to be dedicated to the public , nor shall it constitute the assumption by the Village of any duty to perform any other or further work in the Common Area s. 4. Special Assessment or Special Char ge. If one or more owners commit or allow a Breach, the Village may levy either a special assessment or 4 spec ial charge again st the property owned by the Owner who has comm itted or a llowed the Breach in an amount equal to all damages, costs and expenses incurred by the Village (i ncluding all attorney fees and other profess ional consult ing expenses) as a result of such Breach. If the Association comm its or allows a Breach , the Villa ge may levy either a special assessment or special cha rge aga inst the prop erty own ed by each of the Own ers in an equa l amount to such Owner 's share wh ich is 1/ 10 of all damages , costs and expe nses incurred by the Village (inc ludin g all attorne y fee s and other profe ss ional consulting expenses) as a result of such Breac h. Each Owner , on his or her own behalf and on behalf of any succes sors in interest, hereb y accep t the levy of such spec ial assessme nt or spec ial char ge pur suant to this subsec tion and hereby irre voca bly waive rights of notic e and hearing pursuant to Wis. Stats. 66.0703 or any amendment thereto. RESTRICTIONS ON USE OF RECREATIONAL VEHICLES Storage of trailers( enclosed and utility) , campers, camping tru cks, boat s or other marine craft , horse or boat trailer s, motorcyc les, moped s, motorized bicycles, ve hicles license d as recreat ional vehicl es or commercial vehicles , snow mob iles, all terra in ve hicle s, inoperativ e or unlicensed vehicles or the like shall not be permitt ed on a lot exce pt ( l ) in a garage, or (2) in the case or trailer s (enc losed and utilit y), recreationa l vehicl es, commerci al ve hicles and boat s outside of a garage but no clo ser to the street than the furihe st most projection of the residen ce to the front lot line, on a hard surface of area of concre te, asphalt , paving brick or similar material w ith the prior written approval of the Architectural Control Board (which may be w ithhe ld for any reason including , but not limi ted to, aesthetic s). Architectural Control Board may revoke pem1ission with one year wr itten notice. ANIMALS AND PETS No anima ls, horses, livestock or poultry of any kind shall be raised , bred or kept on any lot except three (3) dogs, three (3) cats and other such household pets, pro vided that they are not kept, bred or maintained for a commercia l purpose nor in any unreasonab le numb er. In the event of a conflict between the se regulations and the pro vision of the Vi II age Code Chapter 118 entitled 'Animal s' , the more restricti ve provi sion shall app ly. 5 GARBAGE, REFUSE AND NOISE No lot sha ll be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that w ill cause such lot to appear in an unc lean or untidy con dition or that will be obnoxiou s to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxiou s odor ; or that will cause any noise that will or might disturb the peace, quiet, comfort or sere nity of the occupants of surroundin g property. Outside incin erators are not permitted. CONSTRUCTION OF IMPROVEMENTS MINIMUM LIVING AREA AND OTHER REQUIREMENTS The construction materials outlined in this paragraph app ly to replacement materials, as well as original construction materials. A. Each sing le-story home sha ll have a m1111mum living area (excl usive of basement , attic, garage, porches , and patios) of not less than 2000 square feet. B. Each two-story home shall have a minimum living area (exclus ive of baseme nt, attic , garage, porche s, and patios) of not less than 2400 square feet, with a minimum of 1300 square feet on the first floor. C. The Board shall have the exc lusive right to determine whether such requirements will be satisfied and any decision of the Board shall be final and conclusive. The Board shall have the right but not the obligation to require home s to be larger than the minimum size. D. Each home shall have an attached, enclosed garage for two automobiles. The garage shall be constructed at the tim e of construction of the home and all exterior portions of suc h garage shall be comp leted prior to occupancy of the hom e. Additional detached two-car garage may be approved by the Board . E. The exterior of all structures shall be constructed of brick, stone, cedar , stucco or other approved natural material (including man made) or a combination ther eof. In no event shal l the exterior of any structure consist of metal or viny l 6 siding. Notwithstanding anyt hin g to the contrar y con tained in this paragraph, comparable or superior construction materials may be substituted if said substituted materials are approved in writin g by the Board. F. Masonry walls on the exterior of the home should not end at a corner but instea d, should ab ut another wall or have co rner board trim. G. If shutters are used for windows on the front of the home, they should a lso be used on appro priate windows on the sides and rear of the home. Similarly, w indow cas ing s and trim features on the front of the home shoul d be used on the sides and rear of the hom e. H. Any exposed basement or foun dation walls shall be covered with masonry veneer or cedar or other appro ved natural material (including manmade). l. Eac h home sha ll be roofed with an Architectural or Dimensional Shingle, type and color of which shall be approved by the Board. J. Each home sha ll have a prefer red minimum roof pitc h of 8 inches of rise for every 12 inch es of depth. LOCATION, SETBACK, AND LOT IMPROVEMENTS A. Locat ion. The home or garage (includin g eaves , steps, over hangs and attached porches, patios and other appurt ena nces) located on any lot shall be in accordance with the Final Plat Building Envelope , if any , mu nicipa l ord inances, these w ith the Declaration of Restrictions and must be appro ved by the Architectural Control Board. B. Lot Improvement s. Notw ithstanding the setbac k and improvement requir eme nts spec ified above, the orientation and precise location of each home and garage, as we ll as all other impro veme nts on the lot, must be approved in writing by the Board prior to any construction, it being intended that the Board may, in its discretion, impo se greate r setback requirements than those specified above in order to achieve or maintain the aes theti c app eara nce for the development or any portions ther eof which the Board deems advisable. 7 APPROVAL OF ARCHITECTURAL CONTROL BOARD (SOMETIMES REFERRED TO AS THE "BOARD") REQUIRED FORALLIMPROVEMENTS A. No home, garage or other structure or impro ve ment of any kind sha ll be installed, erecte d, constructed or placed on any lot ( or altered or changed with respect to layo ut, location or exte rior des ign, appea rance, color or mat erial compos ition) wi thout: ( 1) prior submi ss ion of detailed plans to the Board appropr iate for its review and approva l; and (2) acquisition of prior written approva l by the Board. Plan s, to be considered appropr iate for review by the Board , must include the fo llowing (unless the Board adv ised a lot owner in writing to the contrary): constr uction draw ings, plans and spec ification s (p repared by a qualified hom e designer or archit ect if the improvement invol ves construct ion of a home, garage or additi on or change to either) showing dimen sions , compos ition and color of exte rior mater ials and equipm ent, if any, an d a survey showing the locat ion of the impro ve ment with respect to setbacks from lot line s and other buildings and impro veme nts , finish grade elevation s, topo graphy and othe r data pert inent to such rev iew by the Board as it may reasonab ly request. The Board shall not be required to approve any imp rovement if, in its so le j udgment , any one or mor e of the follow ing purpo ses wi ll not be satisfie d; material composition and qualit y; exter ior design, appeara nce and color ; coord ination with other exi sting or contempla ted improvements; loc ation with respect to topography and existing surroun dings, setbacks, finished grade elevations , drainage and plantin gs and genera l aesthetics. ANY LOT OWNER WHO CAUSES OR ALLOWS ANY IMPROVEMENTS TO BE CONSTRUCTED , INSTALLED, PLACED OR ALTERED ON THE LOT WITHOUT PRIOR WRITTEN APPROVAL OF THE BOARD MAY BE REQU IRED TO REMOVE SUCH IMPROVEMENT lN ITS ENTIRETY AT LOT OWNER 'S EXPENSE. B. Upo n approval by the Board of the plan s for the propo sed impro vement and upon receipt of any necessary Village of Richfield and other governmen tal approva ls or permits, construct ion or insta llation of the impro vement may commence and, once comme nced, shall be comp leted within twelve month s following acqu isition of Board appro val and issuance of any requi red buildin g permit by the Village of Richfield. The Board may , in its d iscretion, extend such comp letion deadl ine up to an add ition al six month s in the even t it finds the delay has been caused primarily by factors beyon d the contro l of the lot 8 owner and his/her contractor s, includin g weather for purpo ses of completin g the driveway and land scapin g only. C . In the eve nt the Board fail s to act upon propo sed plans within 30 days followin g writt en acknowled gement by the Board that it has rece ived such plan s and that they are adequate for purpo ses of its rev iew or in the eve nt no suit to enjoin the erection , installation or change of the impro vement or to require remo val thereof has been comm enced within one yea r follow ing fin al compl etion thereof, no right shall exist to thereafter enforce these res triction s insofar as appro val by the Board is requir ed as to such particular matt er. D. Subject to Paragraph (c) in ord er fo r any appro val or permi ssio n of the Board und er this sec tion to be bindin g or effec tive, it must be in writin g signed by the President or Secretary of the Association . No oral state ments, represe ntation s or appro vals of the Board or any of its members or agen ts shall be binding on the Board und er any circumstances, regardl ess of any reliance thereupon by any lot own er. LANDSC APING AND DRAINAGE A. The topograph y and ground e levation of eac h lot shall be finished as requi red by the Developer and in accordance with the Master Grad ing Plan on file with the Vil !age of Richfi e ld, fo r the efficient discharge and drain age of surface groundwat er throu ghout the subdi vision. Final grading of the lot shall be compl eted within two month s followin g the date an occ upan cy permit is iss ued for a dwelling. Exce pt for drain age easements locate d on a lot owner's prop erty which shall be maintained by the individu al lot owner, any and all draina ge easements, detention pond s or the like shall be repaired and/or maintain ed by the Association . Any drainage ease ment or detention area located on the plat shall be maintain ed in a natural state and clean , clear and free of all obstruction s or barrier of any kind. Landscapin g within these areas shall be restrict ed to ground cove r to inhibit erosion. B. Within six month s followin g iss uance of an occup ancy permit for a hom e, a complete land scapin g plan for the entir e lot shall be submitted to the Board for its appro val. All land scapin g shall be compl eted (in accorda nce with the plan appro ved by the Board) within twel ve month s followin g the iss uance of the occupanc y permit for the hom e. 9 C. To avo id a substant ial increase in surfa ce water drainage onto adjoining lots, the landscap ing plan sha ll provide for adequate drainage of storm and surface water away from adjoin ing lots if natural drainage on the lot is to be or has been altered by grad ing or landscaping by the lot owner. No tree s, shrub s or other landscaping shall be permitted in any drainage area. D. No lot line, fence, wa ll, hedge or sc reen planting sha ll be installed unless in acco rdance with landscap ing or other plans approved in advance by the Board. In no event will the Board approve a fence or wa ll w ithin the setback or unimpro ved areas. E. Each lot ow ner must strictly adhere to and finish grade its lot in accordance with the Master Lot Grading Plan or any amendment. DRIVEWAY Each lot sha ll be improved by the lot owner with an approved hard surface driveway extend ing from the street to the garage with in twel ve month s following iss uanc e of an occupancy permit for the home. In the driveway is insta lled as a concrete dr iveway, the concrete sha ll be insta lled no closer than six (6) feet to the travel ed portion of the roadway and the area between the concrete dri ve and the tra veled portion of the roadway sha ll be paved with asphalt. Fu11her, drivew ay pavement installed within ten ( I 0) feet from the traveled portion of the roadway shall have a rise of not more than five (5) inches. CONSTRUCTION A. No building or construct ion material s shall be stored on any lot outside of the home or garage, other than durin g period s of actual construction or remodeling and then on ly for as long as may be nece ssa ry, not to excee d one year from the date of comme ncement of constructio n. Excess excava ted material shall not be stored on any lot during or after const ruction without the prior approval of the Board , unless required for backfilling , finish grading or landscap ing, in whic h case it shall be used, removed, and the grou nd restored immediately followi ng comp letion of construction, whic h shall not exceed one year following the date of commencement of construction. B. Each lot owner shall include the following prov isions in all constructio n contracts: 10 I. The roadway abutt ing the lot sha ll be cleaned each day of mud and debris during the period of construct ion. 2. The re shall be no loud music at the construction site during the period of construction. 3. A dumpster sha ll be provided at the building site for the period of construction for debris. 4. All burning of debris must comply with municipal burning ordinances and regulations. 5. There sha ll be no more than one sign on any lot durin g the period of construction and that said sign sha ll not exceed six square feet and must be approved by the Board prior to installation. 6. That no sign of any contractor shall be placed at the entry way to the deve lopment. If the lot owner doe s not include such prov1s1on in the contract with the contractor of if the lot owner does not enforce the provision , the Board may take necessary action to enforce the prov ision at the lot owner 's expense. WIRES AND ANTENNA A. All utility lines and wiring for gas, electric, telephone and cab le television service to a home , garage or other improv ement sha ll be insta lled underground, unless oth erwise permitt ed by the Board prior to the installation. B. No antenna , aeria l, satellite dish for cable which is greater than 30" in diameter shall be erected or insta lled on or in any roof or any other potiion of a Building on any Lot or on the unimproved portions of such properti es w ithout written approval of the Architectural Control Board. SHEDS AND OUTBUILDING Sheds and outbuilding s of any type are allowed with the documented approval of the adjoining and facing neighbors . Approval will include exter ior materi als to be used. Conflicts may be app ealed to the Board of Directors for resolution requiring 11 majorit y deci sion of the Board. Detached garages (in addition and not in lieu of an attac hed garage) may be permitt ed by the Architectural Control Board , provided that the following req uireme nts have been satisfi ed: A. Eac h shall have a minimum of two stalls; B. The maximum square footage shall be no greater than 1,200 square feet; C. Door openings and all overhead doors sha ll not exceed 12 feet in height; D. Co lor design and buildin g materials shal l be consi stent with existing home on the lot; E. No vinyl, stee l or alum inum siding sha ll be allowed on any exter ior; F. Underground electric shall be requ ired for all detached garages; G. Site locat ion, landscape plans, construction plans and survey shall be subm itted to the Architectura l Con trol Board for considerat ion prior to construct ion of the same; H. No lean-to or car ports of any nature sha ll be perm itted; I. Located within setback lines. SWIMMING POOLS There shall be no above ground sw immin g pool s. In gro und swimming poo ls shall be compl etely enclo sed by a sec ure fence or wall not less tha n four fee t above gro und elevation. Such fence or wall shall be pro vided with a self-clo sing and self-latc hing gate or door with the latch located at the top of the gate or door . An unob structed area way of not less than fo ur feet shall be provided between the poo l and suc h fence. All electrica l connect ions to any swimming pool shall be properly gro unded so that no electr ical current can be discharged into any part of such pool or surroundin g fences. No electric wires or other electrical conductor sha ll be strun g over any swimmin g pool. Prior to insta lling any in-gro und poo l, all nece ssa ry Board and Village appro vals must be fir st obtained. 12 SIGNS No signs or banner of any kind shall be placed or displayed to public view on any lot except one sign of not more than four square feet advertising the prope rty for sale. No signs can be placed at the ent ryway of the deve lopment advertising a lot for sale. SOLAR COLLECTORS No exte rior active solar co llecto rs or similar devices shall be erected, installed or used without the written perm ission of the Board. REFUSE AND GARBAGE RECEPTACLES All refuse and garbag e receptacles sha ll be stored in the home or garage except for the period twe lve hour s before and twelve hour s after the schedu led garbage pickup. Vi llage Approved collection providers garbage and recyc ling receptacles may be stored outside if kept scree ned from view , closed and sec ured to preve nt blowing ove r and wi ldlife issues. INCINERATOR No incinerator or incinerat ion system for burning garbage or debri s sha ll be used or permitted. THE ASSOCIATION CREATION OF ASSOCIATION A. The Assoc iation shall exist during the term(s) of this Dec laration and shall automatica lly terminate upon termination of this Declaration. 8. The Association shall exist for the purpo se of elect ing the Arch itectural Contro l Board and maintaining the common areas and other designated lands above referred to. 13 C. The Association shall be governed by the Board of Directors consisting of three member s as detailed herein . MEMBERSHIP Each lot owner shall automatica lly be a member of the Association and shall be entitled to one membership and one vote for each lot owned , with ownership of a lot and payment of assess ment s being the sole qua lification s for member ship. POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION A. The Board of Director s of the Association sha ll have the followin g powers in addition to any others which may be nece ssary or incidental to perform ance of any duties or powers of the Association specifi ed in this Declaration: 1. to enforce this Declarat ion; 2. hold an annua l meeting for the purpo se of electin g Director s and transacting any other business authorized to be transacted by the Assoc iation. The Board shall select the specific date, time and place of the annual meeting for a given year and shall furni sh written notice to each lot owner; 3. to adopt rules and regulation s and to exercise al I other powers nece ssary to operate the Association for the mutua l use and enjoyment of all lot owner s; and 4. to adopt rules and regulat ions for the managem ent, operation , maintenance and enjo yment of the common areas . ARCHITECTURAL CONTROL BOARD A. The Board shall consist of three persons elected by Association. A person must be a lot owner or co-owner of a lot in order to be elig ible to serve as an officer and a member of the Board. 14 B. Vacancies in any position on the Board shall be fil led by a majority vote of the Board of Directors of the Association . C. Regular meetings of the Board sha ll be held at such times and places as the Board determines by reso lution to be appropr iate and no notice of regu lar meetings sha ll thereafter be required. D. Special meetings of the Board may be called by any office r on three day s prior notice to eac h officer, given ora lly or in writing. E. For all meetings of the Board, a quorum necessary to transact busines s shall cons ist of a majority of the officers and the act of such major ity shal l be the act of the Board. F. Any action of the Board authori zed under thi s Declaration may be taken upon the unanimous consent of all Board Membe rs witho ut a meeting. MISCELLANEOUS SEVERABILITY The invalid ity or unenforceability of any tenn, cond ition or provi sion of this Declaration sha ll in no way affect the validity or enforc eability of any other term , condition , or provision of this Declaration, all of wh ich shall remain in fu ll force and effect. COVENANTS RUN WITH LAND All terms , conditions and pro visio ns of this Dec laratio n (and as may be amended) shall co nstitute covenants running with the land. AMENDMENTS TO DECLARATION This Declaration may be amended only by written consent of at 51 % or more of the total votes of the Lot Owners. No Amendmen t sha ll adversely affect a spec ial rights or ease ment reserved to the rights of the Village, without the exp ress written consent of 51 % of the Owners and the Village, as the case may be. 15 Amendments shal I be prepared and exec uted by the President of the Association and the Village , as the case may be, and shall become effective when recorded in the Register' s Office. No act ion to challenge the validity of an Amendm ent shall be commenc ed more than one ( 1) year after the Amended is record ed. TERM OF DECLARATION This Declaration (and any amendments) sha ll be binding for a period of twenty yea rs (from the date the Declaration is recorded) upon all lot owners and any other persons claiming under or through the Developer. Upon the exp iration date of such initial twenty yea r period , this Declaration shall be automatically renewed for a success ive period of ten years and thereafter for successive periods of ten years upon the expiration of the prior renewal period , unless there is recorded an instrument (executed by the owner s of at leas t 50% of all lots in the development) terminating this Declaration in which event this Dec larati on sha ll terminat e upon the reco rding of such instrument. ENFORCEMENT OF DECLARATION A. The Association shall have the exclusive right to enforce , by proceedings at law or in equity , all the terms, cond ition s, and provisions of this Declaration and any rule s and regul ations adopted by the Association , exce pt that any lot owner may proce ed, at such owner's expe nse to enforce any such terms, condition s or provision s if the Association fails to take such action within 60 day s following a written reque st by such lot owner for the Association to do so . Any lot owner violating any of the term s, conditions or pro visions of this Declaration or any rules or regulation s sha ll pay all costs, expenses and actua l attorn ey's fees incurred by the Associat ion or by a prosec uting owner in the successfu l enforcement thereof. The Assoc iation shall not be subject to any suit or claim by any lot owner for failure of the Assoc iation to take any action reque sted by such lot owner against another lot owner. No lot own er (other than the Board of Director s of the Association) shall have any authorit y to act for the Association , as agents or otherwi se, or to bind the Association or the other lot owners to contracts, negotiable instruments or other obligations or undertaking of any kind. B. Eac h remedy set forth in thi s Declaration sha ll be in addition to all other rights and remedie s availabl e at law or in equity . All such remedi es shall be cum ulative and the elect ion of one shall not constitute a waive r of any 16 other. Any forbearance or failure of the Association to exercise any such right or remedy for any violation shall not be a waiver of such right or remedy under any circumstances. C. Under no circumstances shall any violation of this Declaration or of any rules or regulations result in any reversion of title to any lot. INTERPRETATION These declarations shall be construed and interpreted in favor of restricting the use of each lot consistent with the purposes hereof and any ambiguity shall be resolved against any lot owner who installs any structure or engages in any activity not clearly authorized under these declarations or approved in writing by the Association . COMMON AREAS Common areas under these Declarations consist of Outlots 1 and 2 and Drainage Easements identified on the Final Plat for Scenic Grove. Common areas shall be maintained by the Owners Association as detailed herein. All Outlots in this subdivision shall be owned in equal undivided 1/10 interest by the owners of the lots in the subdivision. APPLICABLE LAW This Declaration shall be construed and enforced in accordance with, and governed by, the laws of and in the courts of the State of Wisconsin. IN WITNESS WHEREOF, this Declaration of Restrictions is executed by The Scenic Grove Associatio Josh and Elissa Smith Keith and Meg Murphy Roarke and Lynn Gaskill ~ 17 c- ~ Kevin and Amy Sannes ~ :;±§$ ------------==---=-------= LT Andrew and Martha Dolan ----=a-'-"--'"""""'=t&,~4~£?..,,,__ ..... ~~--== ~­ Dav id Mayer and Vincent DiChiara ~ Henry Gacek and Dana Bu ltyncK .,,=~1.......2::,~,a..__---===-.:._i_~-¥~~- - Rick and Jessica Wantla~ -/~S-::: ~. ~:::=:ibL - Scott and Elizabeth Farina [}(?i+/t_ ~ 18 STATE OF WISCONSIN COUNTY OF WA UKESHA Personall y cam e be fore me this 22 day of Jul y 2026. SCOTT FARINA Notary Public State of Wisconsin Nota ry Public. State o f Wisconsin My Commi ssion / R ¢ ~.RK EXHIBIT A Land loc ated in Section 34, Town 9 North , Ran ge 19 East, Town of Richfield, Washin gton Co unty , Wiscon sin, ge nerally bounded by Sceni c Road on the west and more particularl y described as: Parcel 2 o f Certifi ed Survey Map (CSM) No. 25 73. containin g 34.47 gross acres located in the SE l /4 o f the NE 1 /4 o f Section 34, Town 9 No11h. Ran ge 19 East , Town of Richfield, Washin gton County, Wisconsin. DECLARATION OF RESTRICTIONS OF SCENIC GROVE This Declaration is made this __ day of _____ , 202600 , by The Continental Divide Company , Ltd. (hereinafter called Developer).Lot Owners of Scenic Grove subdivision (hereinafter called Owners). RECITATIONS WHEREAS, The Continental Divide Company, Ltd. , a Wisconsin corporation , as Developer , Owners owns all those lands more particularly described on attached Exhibit "A" herein; and, WHEREAS, the OwnersDeveloper desires to subject the lands within the development to the conditions , restrictio ns, covenants , reservat ions and easements hereinafter set forth, for the benefit of the development as a whole and for the benefit of each lot owner. DECLARATION NOW, THEREFORE, the OwnersDevelop er hereby declar es that the real estate described on the attached Exhibit "A" and all portions thereof ( except for dedicated streets) shall be used, held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations and easeme nts hereinafter set forth, which shall inure to the benefit of and shall pass with each lot as covenants running with the land and shall apply to and bind all successors in interest, users and owners. GENERAL PURPOSE The general purpose of this Declara tion is to ensure the best use and most appropriate development and improvement of each lot thereof; to protect owners of lots against such use of surrounding lots as will detract from the residential value of their property; to preserve, as far as practicable , the natural beauty of said property ; to guard against the erection thereon of poorly designed or poorly proportioned structures; to obtain hannonious use of material and color scheme; to encourage and secure the erection of attractive homes thereon with appropriate locations thereof on lots to prevent haphazard and inhannonious improvement of building sites; to secure and maintain proper setbacks from street and adequate free spaces between structures and, in general, to provide adequate ly for a high quality of improvement on all property, and thereby to preserve and enhance the values of investments made by purcha sers of building sites therein. Owne rsDeveloper makes no assurance that the stated intentions shall result in stabil ity or increase in value of a lot in the subdivision. SINGLE FAMILY USE: GENERAL RESTRICTIONS A. Each lot shall be used solely and exclusive ly for residential purposes by one family, except that business activities may be conducted in or from any home if confined solely to the transaction of business by telephone __QI electronic means. The tenn "residential purposes" shall include only those activ ities necessary for or nonnally associa ted with the use and enjoyment of a home site as a place of residence and limited recreation. B. Only one home may be constructed on each lot and no garage, house trailer, recreational vehicle or other improvement ( except for the home) shall be used for temporary or permane nt living or sleeping for the family or guests without the prior approval of the Architectural Control Board , hereinafter referred to as Board. C. Each lot shall be maintained by the lot owner so as to be neat in appearance when viewed from any street or other lot. D. No lot shall be used in whole or in part for conduct ing any unlawful activity or for any unlawful purpose. E. No soil shall be removed from any lot in the de'>1elopment withou t the prior consent of the Board . Any e1rness soil resulting from e1wavations shall be transported , at the buyer's e1,pense, to sueh other plaees i:n the de•,ielopment or on DeYeloper's prope1ty as may be designated by the Board. ¥-,E. Government Restrictions. The OwnersDevelope r, ttsthei r successors and assigns, and all parties hereafter having an interest in the property, are subject to all rules, code, regulations and ordinance s of the Village+eWH of Richfield , Washington County, the State of Wisconsin and the federal government, and the same may be more restrictive than these Restrictions . In the event there is a conflict between the requirements of these Restrict ions and any provision of any Village+ewfl , County, State or federal law or regulation, the more restrictive provisions shall apply. USE AND MAINTENANCE OF COMMON AREAS 2 Any signs, monuments or struc tures constructed by the De•,ieloper or the Association shall be properly maintained by the Association hereafter. Any Common Areas set aside or developed by the Developer or the Association shall be properly maintained by the Association as required by the Village+ewtt of Richfield and the Final Plat. When maintenance is required, the Association shall petiorm the same and any cost in maintaining the same shall be assessed against each lot owner in the development. Each lot owner shall be assessed a fee equal to 1/ 10 of the total cost incuJTed by the Association in maintaining these. Such improvement costs shall include , but not be limited to, taxes, if any; insurance; repair, replacement and addition to the improvements made to common areas; equipment, materials, labor, management and supervision thereon; and all costs the Association reasonably incuJTed in conducting its affairs and enforci ng the provisions of this Declaration. Each lot owner shall pay in full his portion of the assessed fee within 30 days after receipt of notice of the same. The Association may enforce payment of the assessed fees by the filing of a lien and/or suit to collect any fee assessed for maintenance of the above. Assessme nt shall be approved by a duly convened meeting of the Association and the Association shall be represented by a three member Board of Directors (somet imes refeJTed to as Directors ). The Developer sha.J.l appointed the initial members of the Association. After the De,,•eloper has eoR',reyed 100 pereent of the lots in the development , tihe lot owners in the Association shall appoint the three members of the Board of Directors. Two members of the Board of Directors shall constitute a quorum and any action taken by the Board of Director s shall be taken by majority vote. The Board of Directors shall have the direct responsibility to provide for the maintenance of improvements in the common areas, establish dates and procedure s for election of members and to promul gate operating procedures for the conduct of the Board of Directo rs and to enforce the provisions of this Declaration. Assessments shall be approved by a duly convened meeting of the Board of Directors. Notice of an assessment shall be personally or electronically delivered to each owner subject to the assessment or delivered by regular mail to the last known address of such owner. Assessments not paid when due shall bear interest at the rate of twelve percent ( 12%) per annum from the date due until paid. Members of the Board of Directors shall not be liable for any action taken by them in good faith in discharging their duties hereunder , even if such action involves a mistake in judgment or negligence by the member , agents or employees of the Board of Directors. The Association shall indemnify and hold the members of the Board of Directors hannless from and against all costs and expenses in connection with any suit or other action relating to the performance of their duties hereunder. The member s of the Board of Directors shall not be 3 entitled to any compensation for the services of such members. If a lot owner is delinqu ent in the payment of charges, assessmen t and special assessments charged or levied against his or her lot, he or she shall not be entitled to vote until all such charges and assess ments have been paid. Member s may vote in person or by proxy. !Enforcemen~ by the Village ._ The restrictions imposed upon the Property, and the obligations of the Association and Owners all benefit the Village and are enforceable by the Village . If an obligation or rest1iction contained in any of these section s of this Declarat ion; Single Family Use: General Restrictions, Use and Maintenance of Common Areas, Landscapi ng and Drainage or Construction is not perfonned or fully complied with by the Association or any one or more of the owners (in each case, a "Breach"), Village may, but is not required to, seek the following enforcement in the following manner: Comme nted [MOU1]: Did we lose tl1e Association authority lo perfonn work and clean up ma messy property or is tlrnl all on the Village? Formatted: Font: 16 pt, Bold Formatted: Body Text A . Notice and Hearing . Village shall first Qrovide written _notic;e_ of.tht!. _ / { ___ F_o_rm_a_tt_ed_:_Fo_n_t:_14_ p_t ________ _, specific Breach to the entity which fai led to perfonn said obligation or who owns the portion of the Property where the restriction or prov ision or obligation is not being complied with or fully perfom1ed {as the case may be), with copy to the Assoc iationif the Association is not the offending party, and in any case , the Village Board sha ll provide for a hearing regarding the alleged Breach at which all Owner s and Occupants may attend and speak. B. ,Remedy . If, within thirty (302 daxs after the hearing provided above, the _ .-- -- f ___ F_o_rm_a_tt_ed_:_Fo_n_t:_14-'-pt ________ _, Village detenn ines that a Breach exis ted and that such Breach has not been remed ied, and if the Association has not taken steps satisfactory to the Village to remedy the Breach, the Village shall be entitled to seek any one or more of the following remedies: l , .IniU_I)._CtiC>t1, __ .f:\11)nju_nc:tiC>n_ CC>lllp_elli11g the_perso11 committing such !3reach _.. - -j_F_o_rm_a_tt_ed_:_Fo_n_t:_14_ pt ________ _, to remedy it. 2. ,MC>nex Judge ment. A 111oney iudg(!111e11t 11gains_t the person committing _. ----f ___ F_o_rm_a_tt_ed_:_Fo_n_t:_14-'-pt ________ _, such Breach for all monies owed to the Village as a result of the Breach including all legal and professiona l consu lting fees and cost of litigation 4 incurred by the Village in obtaining an injunction or money judgement or both. 3 . .I)e1:fo_1111anc;e()f'v\l_o_rk_. __ Th!-'._YiJ_l_<!ge_ n~ay __ C?_U_S~_<!!1Y ~qrk _ to t>_e_12~_rfOf!11e_d --· --- (~F_o_rm_a_tt_ed_:_Fo_n_t:_1_4 _pt ________ ~ on the Common Areas in order to remedy any Breach. The perfonnance of any such workshall not cause the Common Areas to be dedicated to the public, nor shall it constitute the assumption by the Village of any duty to perf01111 any other or further work in the Common Areas. Special Assessment or Special Charge. If one or more owners commit or allow a Breach, the Village may levy either a special assessment or special charge against the property owned by the Owner who has committed or allowed the Breach in an amount equal to all damages, costs and expenses incurred by the Village (including all attorney fees and other professional consulting expenses) as a result of such B_reach. If the ~~?C?_c;ja_~i_o_~_c:9_1):l_l):ljJs __ o_1:_all()\V_~-~--I3r"'.a_c:htthe_ __. \'---F_o_rm_a_tt_ed_:_Fo_n_t:_N_o_t B_o_ld _ _ _____ __, Village may levy either a special assessment or special charge against the property owned by each of the Owners in an equal amount to such Owner· s share which is 1/ l O of all damages, costs and expenses incurred by the Village 4. (including all attorney fees and other professional consulting expenses) as _ _ --- 1~F_o_rm_a_tt_ed_:_Fo_n_t:_14_ p~t--------~ a result of such Breach. Each Owner, on his or her own behalf and on behalf of any successors in interest, hereby accept the levy of such special assessment or special charge pursuant to this subsection and hereby irrevocably waive rights of notice and hearing pursuant to Wis. Stats. 66.0703 or any amendment thereto. In the event that the Tovm detennines that the Common Areas are not adequate ly maintained and that the effeetiveness of the storm water management systems is impinged thereby, the Town shall give V.'ritten notiee to the Association of such deficien cies, and allow 30 days to remedy the same . If the condition has not been remedied, the Tovm may enter the common areas, using its own employees or coatracting with others, aad take such actioas as are necessary in its sole discre tion to correct it. All costs associated with such corrective actioa shall be levied as a specia l charge for current services against all prope rties benefiting therefrom , in accordance with Section 66.0703 of the Wisco nsin Statutes . The perfo nnance of any such work sha ll aot be deemed aa act of dedicatioa to the pub lic, aor shall it constitute an assumption by the Town of any duty to perfonn any other or further work in the Common Areas . This paragraph may be amended only with the eKpress consent of the Town Board of the frown! of Richfield . _ RESTRICTIONS ON USE OF RECREATIONAL VEHICLES 5 Commented [MOU2]: We need pennission to make these changes Storage of trailers, campers, camp ing trucks, boats or other marine craft, horse or boat trai lers, motorcycles, mopeds, motorized bicycles, vehicles licensed as recreationa l vehicles or commercial vehicles, snow mobiles , all ten-ain veh icles, inoperative or unlicensed vehicles or the like shall not be pennitted on a lot except ( 1) in a garage, or (2) in the case or recreat iona l veh icles, commerc ial vehicles and boats outside of a garage but no closer to the street than the furtherest most projec tion of the residence to the front lot line, on a hard surface of area of concrete, asphalt, paving brick or similar mate1ial Recreational >,·ehicles shall not be parked , kept or stored on any common area or undeveloped area of the deve lopment nor shall any such recreational veh.iele be parked, kept or stored on any lot outside an enclosed garage, witheB-t-_the prior written approval of the Architectural Control Board (which may be withheld for any reason includ ing, but not limited to, aesthetics). Further, recreational vehieles shall not be used or operated on any lot or otherwise within the development eitcept on dedicated streets in accordance with applicable traffic Architectural Control Board may revoke pennission with one year written notice.Hl-WS-; • - --· Fo rmatte d : Body Text, Indent: First line: 0.5'' ANIMALS AND PETS No animals, horses, livestock or poultry of any kind shall be raised, bred or kept on any lot except threewe dogs , threewe cats and other such household pets, provided that they are not kept, bred or maintained for a commercial purpose nor in any unreasonable number. GARBAGE, REFUSE AND NOISE No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnox ious to the eye; nor shall any substance , thing or material be kept upon any lot that will emit foul or obnoxious odor; or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of sun-ounding property. Outside incinerators are not pennitted. CONSTRUCTION OF IMPROVEMENTS MINIMUM LIVING AREA AND OTHER REQUIREMENTS 6 A. Each single-story home shall have a minimum living area (exclusive of basement, attic, garage, porche s, and patios) of not less than 2000 square feet. B. Each two-story home shall have a minimum living area (exclusi ve of basement, attic, garage, porche s, and pati os) of not less than 2400 square feet, with a minimum of 1300 square feet on the first floor. C. The Board shall have the exclusive right to determine whether such requirement s will be satisfied and any decision of the Board shall be final and conclu sive. The Board shall have the right but not the obligation to require homes to be larger than the minimum size. D. Each home shall have an attached, enclosed garage for two automobile s. The garage shall be constructed at the time of constructi on of the home and all exterior portions of such garage shall be completed prior to occupancy of the home. Additional detached two-car garage may be approved by the Board. E. The exterio r of all struc tures shall be constructed of brick, stone, cedar, stucc o or other approved natural materia l (including man made) or a combin atio n thereof. In no even t shall the exterior of any structure consist of metal or vinyl siding. Notwithstanding anythin g to the contrary contained in this paragr aph, comparable or supe rior construct ion materials may be substituted if said substituted materials are approved in writing by the Board. F. Masonry walls on the exte1ior of the home should not end at a come r but instead, should abut another wall or have comer board trim. G. If shutters are used for windows on the front of the home, they should also be used on appropriate windows on the sides and rear of the home. Similarl y, window casings and trim features on the front of the home shou ld be used on the sides and rear of the home. H. Any exposed basement or foundatio n walls shall be covered with masonry veneer or cedar or other approved natural material (including manmade). !Th~ construction mat_erials outline_dj11_th_i_s_p_ar_agra_ph_~ppl_y to replaceme nt _ .. ··• Commented [MOU3 ]: This sentence seems misplaced in material s, as well as orie,oinal construction materials. the original document. I believe it should be at the top before A. 7 I. Each home shall be roofed with an Architectural or Dimensional Shingle, type and color of which shall be approved by the Board. J. Each home shall have a preferred minimum roof pitch of 8 inches of rise for every 12 inches of depth. LOCATION, SETBACK, AND LOT IMPROVEMENTS A. Location. The home or garage (including eaves, steps, overhangs and attached porches, patios and other appurte nances) located on any lot shall be in accordance with the Final Plat Building Envelope, if any, municipal ordinan ces, these with the Declaration of Restrictions and must be approved by the Architectural Control Board. B. Lot Improvements . Notwithstanding the setback and improvement requirements specified above, the orientat ion and precise location of each home and garage, as well as all other improvements on the lot, must be approved in writing by the Board prior to any construction , it being intended that the Board may, in its discretion , impose greater setback requi rements than those specified above in order to achieve or maintain the aesthetic appearance for the development or any portions thereo f which the Board deems advisable. APPROVAL OF ARCHITECTURAL CONTROL BOARD (SOMETIMES REFERRED TO AS THE "BOARD") REQUIRED FOR ALL IMPROVEMENTS A. No home, garage or other structure or improvement of any kind shall be installed, erected, constructed or placed on any lot ( or altered or changed with respect to layout, location or exterior design, appearance, color or material composition) without: ( 1) prior submission of detailed plans to the Board appropriate for its review and approval; and (2) acquisition of prior written approval by the Board. Plans, to be considered appropria te for review by the Board, must include the following (unless the Board advised a lot owner in writing to the contrary): construction drawings, plans and specification s (prepared by a qual ified home designer or architect if the impro vement involves construction of a home, garage or addit ion or change to either) showing dimensions , composition and color of exterior materials and equipment, if any, and a survey showing the location of the improvement with respect to setbacks from lot lines and other buildings 8 and impro vements , finish grade elevations, topography and other data pertinent to such review by the Board as it may reasonably reque st. The Board shall not be required to approve any impro vement if, in its sole judgment, any one or more of the following purp oses will not be satisfie d; material composition and quality ; exterior design, appearan ce and color; coordinati on with other existing or contemplated improvements; location with respect to topograph y and existing su1Toundings, setbacks, finished grade elevations, drainage and plantings and general aesthetics. ANY LOT OWNER WHO CAUSES OR ALLOWS ANY IMPROVEMENTS TO BE CON STRUCTED , INSTALLED, PLACED OR ALTERED ON THE LOT WITHOUT PRIOR WRITTEN APPROVAL OF THE BOARD MAY BE REQUIRED TO REMOVE SUCH IMPROVEMENT IN ITS ENT[RETY AT LOT OWNER'S EXPENSE. B. Upon approval by the Board of the plans for the proposed improvement and upon receipt of any necessary Village+ewfl of Richfie ld and other governmental approvals or pennits, construction or installation of the improvement may commence and, once commenced , shall be completed within twelve months following acquisition of Board approval and issuance of any required building pennit by the Village+ewfl of Richfield . The Board may, in its discretion , extend such com pletion deadline up to an additio nal six months in the event it finds the delay has been cause d primarily by factors beyond the control of the lot owner and his/her contra ctors, including weathe r for purposes of completing the driveway and landscapi ng only. C. In the event the Board fails to act upon proposed plans with in 30 days following written acknow ledgement by the Board that it has received such plans and that they are adequate for purposes of its review or in the event no suit to enjoin the erection, installation or change of the improvement or to require removal thereof has been commenced within one year following final completion thereof, no right shall exist to thereafter enforce these restrict ions insofar as approva l by the Board is required as to such particu lar matter. D. Subjec t to Paragraph ( c) in order for any approva l or permiss ion of the Board under this section to be binding or effecti ve, it must be in writing signed by the President or Secretary of the Associa tion. No oral statements, representations or approvals of the Board or any of its members or agents shall be bindin g on the Board under any circumstances, regardless of any reliance thereupon by any lot owner. 9 LANDSCAPING AND DRAINAGE A. The topography and ground elevation of each lot shall be finished as required by the Developer and in accordance with the Master Grading Plan on file with the VillageTowa of Richfield, for the efficient discharge and drainage of surface groundwater throughout the subdivision. Final grading of the lot shall be completed within two months following the date an occupancy pennit is issued for a dwelling. Except for drainage easements located on a lot owner's property which shall be maintained by the individual lot owner , any and all drainage easements, detention ponds or the like shall be repaired and/or maintained by the Association. Any drainage easement or detention area located on the plat shall be maintained in a natural state and clean, clear and free of all obsh1.1ctions or barrier of any kind. Landscaping within these areas shall be restricted to ground cover to inhibit erosion. B. Within six months following issuance of an occupancy penni t for a home , a complete landscaping plan for the entire lot shall be submitted to the Board for its approval. All landscaping shall be completed (in accordance with the plan approved by the Board) within twelve months following the issuance of the occupancy pennit for the home. C. To avoid a substantia l increase in surface water drainage onto adjoining lots, the landscaping plan shall provide for adequate drainage of stonn and surface water away from adjoining lots if natural drainage on the lot is to be or has been altered by grading or landscaping by the lot owner. No trees, shrubs or other landscaping shall be pennitted in any drainage area. D. No lot line, fence, wall, hedge or scree n planting shall be installed unless in accordance with landscaping or other plans approved in advance by the Board. In no event will the Board approve a fence or wall within the setback or unimproved areas. E. Each lot owner must strictly adhere to and finish grade its lot in accorda nce with the Master Lot Grading Plan or any amendme nt. The DEVELOPER and/or their agents, employees or independent contractors , upon written notioe to the ovmer of a vacant lot, shall have the right to enter upon such lot, at any time, for the purpose of inspeetion , maintenance , oon-ection of any drainage condition , and the owner is responsible for east of the same. 10 DRIVEWAY Each lot shall be improved by the lot owner with an approved hard surface d1iveway extending from the street to the garage within twelve months follow ing issuance of an occupancy pennit for the home. In the d1iveway is installed as a concrete driveway, the concrete shall be installed no closer than six (6) feet to the trave led portion of the roadway and the area between the concrete drive and the traveled portion of the roadway sha ll be paved with asphalt. Further, driveway pavement installed within ten ( 10) feet from the traveled portion of the roadway shall have a rise of not more than five (5) inches. lcoNSTRUCTION I A. No building or construction materials shall be stored on any lot outside of the home or garage , othe r than during periods of actual construction or remodelin g and then only for as long as may be necessary, not to exceed one year from the date of commencement of construction. Excess excavate d material shall not be stored on any lot during or after construction without the prior approva l of the Board , unless required for backfill ing, finish grading or landscaping , in which case it shall be used, removed, and the ground restored immediately following completion of construction, which shall not exceed one year following the date of commenceme nt of construction. B. Each lot owner shall include the following provisions in all construction contracts: 1. The roadway abutting the lot shall be cleaned each day of mud and debris during the period of consh1.1ction. 2. There shall be no loud music at the construct ion site during the period of construction. 3. A dumpster shall be provided at the building site for the period of construction for debris. 4. All burning of debris must comply with muni cipal burning ordinances and regulat ions. 11 5. Ther e shall be no more than one sign on any lot durin g the period of construction and that said sign sha ll not exceed six square feet and must be appro ved by the Board prior to installation. 6. Tha t no sign of any contractor shall be placed at the entry way to the deve lopment. If the lot owner does not include such provision in the contract with the contractor of if the lot owner does not enforce the provision, the Board may take necessary action to enforce the provision at the lot owner ' s expense. WIRES AND ANTENNA A. All utility lines and wiring for gas, electric, telephone and cable telev ision serv ice to a home , garage or other improvement shall be installed unde rground, unless otherwise pem1itted by the Board prior to the installation. -B-:-No antenna, aetial, satellite dish for cable which is greater than 30" in diameter sha ll be erected or installed on or in any roof or any other portion of a Building on any Lot or on the unimproved portions of such properties without w1itten approva l of the Architectural Contro l Board. rooftop, tmver mou nted or other extern.al antenna for television or radio reception, !satellite dish pr _for_ o_th_er_ e_l_ec;tr()flic_ trcln_sfTliss_io_n or reception shall be __ . .--­ erected, installed or used without the prior approval of the Board . Any lot owner v,rho causes or allows any such rooftop or other externa l anterH1as or satellite dishes to be constructed, installed or placed on a lot without the prior '.Yritten appro¥a l of the Board may be required to remove such improvement or the Board may remove such equipment in its entirety at the lot 0 1.vner's expense. IL SHEDS AND OUTBUILDING Sheds and outbuildings of any type are_ prohibiteda llowed with the documented approva l of the adjoining and facing neighbor s. Approva l will include exterior mate1ials to be used . Detached garages (in addition and not in lieu of an attached garage) may be permitted by the Architectural Control Board , provided tha t the following requirement s have been satisfied: A. Each shall have a minimum of two stalls; 12 Commented [MOUS]: I think satellite dishes should be ok as long as they mount oo the house B. The maximum square footage shall be no greater than 1,200 square feet; C. Door openings and all overhead doors shall not exceed 12 feet in height; D. Color design and building materials shall be consistent with existing home on the lot; E. No vinyl, steel or aluminum siding sha ll be allowed on any exterio r; F. Underground electric shall be required for all detached garages; G. Site location , landscape plans, construction plans and survey shall be subm itted to the Architectural Control Board for consideration prior to construct ion of the same; H. No lean-to or carports of any nature shall be pennitted ; I. Located within setback lines. SWIMMING POOLS There shall be no above ground swimming pools. In ground swimm ing pools shall be complete ly enclosed by a secure fence or wall not less than four feet above ground elevation . Such fence or wall shall be provided with a self-closing and self-latching gate or door with the latch located at the top of the gate or door. An unobstructed areaway of not less than four feet shall be provided between the pool and such fence. All electrical connection s to any swimming pool shall be properly grounded so that no electtical current can be discharged into any part of such pool or surrounding fences. No electric wires or other electrical conductor shall be strung over any swimming pool. Prior to installing any in-ground pool, all necessary Board and Village approvals must be first obtained. SIGNS No signs or banner of any kind shall be placed or displayed to public view on any lot except one sign of not more than four square feet advertising the property for sale. No signs can be placed at the entryway of the development advertising a lot for sale. 13 SOLAR COLLECTORS No exterior active solar collectors or similar devices shall be erected , installed or used without the written permission of the Board. REFUSE AND GARBAGE RECEPTACLES All refuse and garbage receptacle s shall be lstored in the home or garage, garage l .--·· Commented [MOU6]: I think we could say outside except for the pe1iod twelve hours before and twelve hours after the scheduled Slorage is ok. I diink are bins are raccoon proof. Many - - neighbors seem to leave their out. garbage pickup. Village Approved collection provider s garbage and recycling receptacles may be stored outside if kept closed and secured to preve nt blowing over and wildlife issues. or other structure on the premises except for the period twelve hours before and twelve hours after the scheduled garbage pickup . INCINERATOR No incinerato r or incinerati on system for burning garbage or debris shall be used or pennitted. THE ASSOCIATION CREATION OF ASSOCIATION A. The Developer shall totally control all phases of development and operation of the development, including the Architectural Board until after it sells or transfers 100% of the lots in the development. At that time, all members of the Association will be able to vote for a Board of Directors pursuant to this Declaration. -13-,A. The Association shall exist during the term(s) of this Declaration and shall automatically tenninate upon tennination of this Declaration. G.-8. The Association shall exist for the purpose of electing the Architectural Control Board and maintaining the common areas and other designated lands above referred to. 14 f}-;_C_. __ The Association shall be governed by the Board of Directors consisting of three members as detailed herein. MEMBERSHIP Each lot owner shall automatically be a member of the Association and shall be entit led to one membership and one vote for each lot owned, with ownership of a lot and payment of assessments being the sole qualifications for member ship. POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION A. The Board of Directors of the Association shall have the following powers in addition to any others which may be necessary or incidental to perfornrnn ce of any duties or powers of the Association specified in this Declaration: 1. to enforce this Declaration; 2. hold an annual meeting for the purpose of electing Director s and transacting any other business authorized to be transacted by the Association. The Board shall select the specific date, time and place of the annual meeting for a given year and shall furnish written notice to each lot owner; 3. to adopt rules and regulations and to exercise all other powers necessary to operate the Association for the mutual use and enjoyment of all lot owners; and 4. to adopt rules and regulations for the manag ement , operation, maintenanc e and enjoyment of the common areas. ARCHITECTURAL CONTROL BOARD A. The Board shall initially consist of three persons appointed by the De¥eloper to hold office until successors are elected by Association. A person must be a lot owner or co-owner of a lot in order to be eligible to serve as an officer and a member of the Board. IS B. Vacancies in any position on the Board shall be filled by a majority vote of the Board of Directors of the Association. C. Regular meetings of the Board shall be held at such times and places as the Board detennines by resolution to be appropriate and no notice of regular meeting s shall thereafter be required. D. Special meetings of the Board may be called by any officer on three days prior notice to each officer, given orally or in Wliting. E. For all meetings of the Board , a quorum nece ssary to transact business shall consist of a majority of the officers and the act of such majority shall be the act of the Board. F. Any action of the Board authorized under this Declaratio n may be taken upon the unanimous consent of all Board Members without a meeting . MISCELLANEOUS NO REVERSION OF TITLE Under no circumstances shall any violation of tliis Declaration or of any rules or regulations result in any reversion of title to any lot to the Developer. RESERVATION BY DEVELOPER OF RIGHT TO CRA.NT EASEMENTS The Developer hereby reserves the right to grant and convey easements to the Town of Riclifield and/or to any pliblic or private litility company , lip On, over, tlir01:1gh or across those port ions of any lot in the development witliin ten feet of any lot line for purposes of allowing the Town or utility company to furnish gas, electrical cabl e television or other utility service to lot(s) or tlirough any portions of tlie development for purposes of facilitating drainage of storm or surface water within or through the development. Such easements may be granted by the Developer, in its own name and without the consent or approval of any lot platted or to be platted in the development to persons other than a Successor Developer. SEVERABILITY 16 The invalidity or unenfor ceability of any tenn, condit ion or provision of this Declarat ion shall in no way affect the validity or enforceability of any other te1111, condition, or prov ision of this Declaration , all of which sha ll rema in in full force and effect. COVENANTS RUN WITH LAND All terms , conditio ns and provi sions of this Declaration (and as may be amended ) shall const itute covenan ts running with the land . AMENDMENTS TO DECLARATION This Declaration may be amen ded by record ing in the office of the Register of Deeds for Washington County, Wisconsin, a document to that effec t[executed by the owners of at least 50% o~ alllo_ts i11_the develop111ent __ with_a_ll signature s _ . ...­ duly notarized -=- or by the Developer prior to the sale of 100% of all lots. Such amendment sha ll become effect ive only upon recording. Not1.vithstanding the above, the Developer reserves the exclusive right to amend this Declaration through December 3 1, 2006, subjec t to obtai ning the Town's apptw,•al. If no action is taken b;· the Town within siJ,t)' (60) days from the Town Board's receipt of a vnitten request from the Developer to arnead this Declaration , on or before December 3 I, 2006, the approval shal l be deemed made. TERM OF DECLARATION This Decl aration (and any amend ment s) shall be bindin g for a period of twenty year s (from the date the Declaration is recorded) upon all lot owner s and any other persons claiming under or through the Developer. Upon the expiration date of such initial twenty year period, this Declaration shall be automatica lly renewed for a successive petiod of ten years and thereafter for succe ssive periods of ten years upon the expiration of the p1ior renewal period , unl ess there is recorde d an instrum ent ( executed by the owners of at least 50% of all lots in the deve lopment or by the Dev eloper prior to selliag I 00% of the lots) terminating this D eclaration in which event this Declara tion shall termi nate upon the recording of such instrument. ENFORCEME NT OF DECLARATION A. The Association shall have the exclusive right to enforce , by proceedings at law or in equity, all the tenns, cond itions, and provisions of this Declarat ion and any rules and regulat ions adopted by the Association, 17 Commented [MOU7]: Looks like we need 50% of the signatures (notarized too) to make changes. I am hoping we can get 100% except that any lot owner may proceed, at such owner's expense to enforce any such tenns, conditions or provisions if the Association fails to take such action within 60 days following a w1itten request by such lot owner for the Association to do so. Any lot owner violating any of the tenns, conditions or provisions of this Declaration or any rules or regulation s shall pay all costs, expenses and actual attorney's fees incurred by the Association or by a prosecuting owner in the successful enforcement thereof. The Association shall not be subject to any suit or claim by any lot owner for failure of the Association to take any action requested by such lot owne r against anothe r lot owner. No lot owner (other than the Board of Directors of the Association) shall have any authority to act for the Association , as agents or otherwise, or to bind the Association or the other lot owne rs to contracts, negotiable instruments or other obligations or undertaking of any kind. B. Each remedy set forth in this Declaration shall be in addition to all other rights and remedies available at law or in equity. All such remedies shall be cum ulative and the election of one shall not constitute a waiver of any other. Any forbearance or failure of the Assoc iation to exercise any such right or remedy for any violation shall not be a waiver of such right or remedy under any circumstances. C. Under no circumstances shall any violation of this Declaration or of any rules or regu lations result in any reversion of title to any lot. INTERPRETATION These declarations shall be construed and interpreted in favor ofrestricting the use of each lot consistent with the purposes hereof and any ambiguity shall be resolved against any lot owner who installs any structure or engages in any activity not clearly authorized under these declaration s or approved in writing by the Associat ion. COMMON AREAS Common areas under these Declaration s consist of Outlot s I and 2 and Drainag e Easements identified on the Final Plat for Scenic Grove. Common areas shall be maintained by the Owners Associat ion as detailed herein. All Outlots in this subdivision shall be owned in equal undivided 1/ 10 interest by the owners of the lots in the subdivis ion. 18 APPLICABLE LAW Thi s Decl aration shall be construed and enforced in accordance with, and governed by, the laws of and in the courts of the State of Wisconsin. IN WITNESS WHEREOF , this Declarati on of Restrictions is execute .Q_Qy_e-by Herbert K. Gross, Preside0t of The Co0ti0e0tal Divide Compa0y , Ltd., as Developer, as of the date first writtefl. above . The Scenic Grove Associa tion Josh and Elissa Smith Kyle and Taylir Gottschlich Keith and Meg Murphy Roarke and Lynn Gaskill Kevin and Amy Sannes LT Andrew and Martha Dolan David Mayer and Vincent DiChiara Henry Gacek Jason Boehlke Scott and Elizabeth Farina 19 • ---·· i Formatted: Body Text THE CONTfNENTAL DIVIDE COMPANY, LTD. + ·····i Formatted: Right Herbert K. Gross , President 20 STATE OF WISCONSrN ) ss. COUN TY OF WAUKES HA ) Personally came before me this __ day of ____ , 2002, the above named HERBERT K. GROSS , Pres ident ofTh e Cont inental Divide Company , Ltd., to me known to be the person who execu ted the forego ing instrument and acknowl edged the same. Notary Public, State of Wisco nsin My Comm ission ______ _ Instrument was drafted by George B. Erwi n, Ill P. O. Address: 2300 No1ih Mayfair Road Suite 1175 Milwaukee, WI 53226 ( 414) 258-4300 2 1 EXIDBIT A Land located in Section 34, Town 9 North, Range 19 East, Town of Richfie ld, Washington County, Wisconsin, generally bounded by Scenic Road on the west and more particu larly described as: Parce l 2 of Certified Survey Map (CSM) No. 2573 , containing 34.47 gross acres located in the SE 1/4 of the N E 1/4 of Section 34, Town 9 Nort h, Range I 9 East, Town of Richfie ld, Wash ington County , Wisconsin. 22 7c VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DATE: August 20, 2026 SUBJECT: First Amendment of Deed Restriction s to The Oaks at Schmitt Farms DATE SUBMITTED: August 14, 2026 SUBMITTED BY: Jim Healy, Village Administrator POLICY QUESTION: DOES THE VILLAGE BOARD WISH TO CONDITIONALLY APPROVE THE PROPOSED DEED RESTRICTION AMENDMENT FOR THE OAKS AT SCHMITT FARMS ? ISSUE SUMMARY: 1002 -... _ -_-... ... ' .. "" ., '' , , ' ' ' I I I : j I I I I I 1120 ' I l I I I I The Oaks at Schmitt Farms (Phase I and Phase II) ~ ,.w' 1058 ·'---------- 20 p 11.:htil Id SW 0~ ri,~,.. s-o,, \_, I...- t F'L ..,, 1089 1041 1035 \ . 1046 .._ Mc~I~ V~o32 ~ ' \ I 1025 I I 1018 I j I • I I 10 1007 ; I 1 64 1 I I I I 993 ~ 14524 4508 I I I I I •-=~ ,I 979 ~ ,Tur.lcaway:L:n ; I 4521 4507 l ff? I ' tl_!lr I I 965 ;,:.... I I /! 1 956 l 1 941 / ({} • , I <: I 1-{j I i I I I I I The proposed First Amendment to the Declarati on of Covenants, Conditions and Restrictions (herein after 'Amendment ' ) for The Oaks at Schmitt Farms is intended primari ly to accommodate the Phase II development of the subdivision that is currently underway with construction. For context, the developer, W. Fields LLC. (d/b/a JBJ Companies) currently is in the process of 'stoning in' the roadways and constructing the bypass and deceleration lanes on Elmwood Road as a part of the Phase II Plat that was previou sly approved by the Village Board. The original Declaration was executed and recorded by W. Fields, LLC, the Declarant , on January 8, 2026, as Document No. 1626964. The Amendment exercises a right expressly reserved to the Developer under Article 11 of the original Declaration to expand the property subject to the Declaration. Accordingl y, the Amendment does not represent a wholesale revision of the existing deed restrictions but rather extends the existing Declaration to the additional property being developed as Phase II. The principal substantive change is the addition of Lots 21 through 48, together with the associated undivided interests in Outlots owned in an equal and undivided manner for the platted The Oaks at Schmitt Farms Subdivision. The Amendment identifies this prop erty as the "First Addition" and provide s a legal description for the additional land. The Developer' s stated purpose is to bring these additional lots into the same overall subdivision and subject them to the existing covenants, conditions VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATION FORM MEETING DATE: August 20, 2026 SUBJECT: First Amendment of Deed Restrictions to The Oaks at Schmitt Fam1s DATE SUBM ITTED: August 14, 2026 SUBM ITTED BY: Jim Healy, Village Administrator and restrictions that govern the development which were previou sly approved by the Village Board. The Amendment therefore expands the geographic scope of the existing Declaration rather than creating a separate set of resttict ions for Phase II. The Amendment also makes clear that the existing Declaration will apply to all lots within the expanded subdivision. The document specifically provides that purchaser s and owners of Lots 1 through 53 will be subject to the restrictions and covenants recorded with the original Declaration. This is important , because it establishes a consistent set of development standards and obligations across the original development and the new Phase II lots. In practical tenns , the amendment incorporates the new lots into the existing regulatory framework rather than requiring a separate declaration of restrictions for the Phase II development. A second significant change concerns the ownership and governance of the subdivision's common areas . Once the Amendment is recorded, each owner in the First Addition will become a member of the subdivision Association (Home Owners Association) and will be entitled to one vote for each lot owned. The Amendment also revises the ownership interest in the Common Areas so that all 53 lots in the subdiv ision will have an equal 1/53 fractional interest. In addition, portion s of the First Addition that are not designated as individual lots will become part of the Common Areas of the entire subdivision. This adjustment ensures that the new Phase II owners participate in the Association and share proportionally in the ownership of the common areas alongside the owners of the existing lots. The Amendment does not otherwise appear to make substantial changes to the underlying restrictions governing the subdivision. Rather , the existing covenants remain the governing document for the expanded development, with the Amendment specifically modifying the Declaration to incorporate the First Addition. This means that the existing standards applicable to The Oaks at Schmitt Farms including whatever architectura l, property-u se, maintenance, landscap ing, construction, and Association requirements are contained in the original Declaration - will extend to the Phase II lots. The amendment therefore functions primari ly as an expansion and integration document rather than a comprehensive rewrite of the subdivision' s deed restrictions. Again, consistent with all our approved language for these types of Deed Restrictio ns, the Village has the 'right' but not the 'obligation ' to become involved with issues of compliance related to these Amended documents. FISCAL IMPACT: REVIEWED B Y: \.l ~ 'IC""n or, r,n _,.., \-(2_ n ,~,... Village Deputy Treasurer ~ ,_ Initial Project Costs: NIA Future Ongo ing Costs: Variable and situationally dependent Physical Impact (on people/space): Per Declaration of Restrictions for Scenic Grove Residual or Support /Overhead/Fringe Costs: NI A ATTACHMENTS : I. First Amendment to Declaration of Covenants, Conditions and Restrictions of the Oaks at Schmitt Farms (ie: Deed Restrictions) 2. Declaration of Covenants, Conditions and Restrictions of The Oaks at Schmitt Farms (Record ed January 8, 2025) VILLAGE OF RICHFIELD VILLAGE BOARD COMMUN ICATION FORM MEETING DATE: August 20, 2026 SUBJECT: First Amendment of Deed Restrictions to The Oaks at Schmitt Farms DATE SUBMITTED: August 14, 2026 SUBM ITTED BY: Jim Healy, Village Administrator STAFF RECOMMENDATION: Motion to approve the proposed First Amendment to the Declaration of Covenants, Conditions and Restrictions of The Oaks at Schmitt Farms, subject to the Specific and Genera l conditions listed below: Specific Conditions of Approval: 1. Upon filing the First Amendment to the Declaration of Covenants, Conditions and Restrictions of The Oaks at Schmitt Fanns for The Oaks at Schmitt Farms subdivision at the Washington County Register of Deeds, the applicant shall provide Village Staff with a copy. General Conditions of Approval: I. The subdiv ider shall satisfy all comments, conditions, and concerns of the Village Engineer, the Village Planner , and all reviewing, objecting and approving bodies, including, but not limited to, the Wisconsin Department of Commerce per Ch. 236, Wisconsin Statutes and Ch. Comm. 85, Wiscon sin Administrative Code; Wisconsin Department of Administration per Ch. 236, Wisconsin Statutes; and Washington County. 2. The subdivider shall, on demand, reimburse the Village all costs and expenses of any type that the Village incurs in connection with this development, including the cost of professional services incurred by the Village (including engineering , legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application , as well as to enforce the conditions in this conditiona l approval due to a violation of these conditions. 3. Any unpaid bills owed to the Village by the subject property owner or his or her tenants, operators or occupants, for reimbursem ent of professional fees (as desc1ibed above); or for personal property taxes; of for real property taxes; or for licenses, permit fees, or any other fees owed to the Village ; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Village, pursuant to Section 66.0627 , Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies avai lable to the Village, including possib le cause for termination of this approva l. APPROVED FOR SUBMITI AL BY: VfLLAGE CLERK USE ONLY BOARD ACTION TAKEN Resolution No. ______ _ Continued To: _____ _ _ Ordinan ce No. ______ _ Referred To: ______ _ Approved _ _ ____ _ Denied ------- Oth er ______ _ File No. _ ___ __ _ FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE OAKS AT SCHMITT FARMS LEGAL DESCRIPTION: Lots 21 through 48 inclusive , together with an undivided 1153rd fractional interest in Outlots 5, 6, 7, 8, 9, l O and 11, being a part of Lot 3 of Certified Survey Map No. 5762, together with part of and located in the Northeast¼ of Southwest ¼, the Northwest¼ of the Southwest¼ , the Southwest¼ of the Southwest ¼, the Southeast ¼ of the Southwest¼ and the Northwest¼ of the Southeast¼ of Section 20, Township 9 North, Range 19 East, Village of Richfield, Washington County , Wisconsin. This First Amendment to Declaration of Covenants, Conditions and Restrictions of The Oaks at Schmitt Farms (this "First Amendment to the Declaration ") is made and entered into by W. Fields, LLC ("Declarant"). The principal purpose of this amendment is to add Lots 21 through 48, inclusive, to the Oaks at Schmitt Farms Subdivision. Recitals Wherea s, on January 8, 2026, the Declarant executed a Declaration of Covenants, Conditions, and Restrictions for The Oaks at Schmitt Farms (the "Declaration "), affecting certain real property described therein. The Declaration was recorded in the Office of the Register of Deeds for Washington County , Wisconsin on January 8, 2026 as Document No. 1626964. Reference is made to the Declaration for the definition of capitalized terms used herein. Whereas, Declarant, intending to establish a general plan for the use, occupancy, and enjoyment of the said Subdivision, consisting of single family lots and an appurtenant undivided , pro-rata interest in the Outlot s and Common Areas within the Subdivision, each enumerated Lot of the same hereinafter referred to as a "Lot", to certain restrictions and covenants; Pursuant to Sections 11.2 through 11.6 of the Declaration, Declarant reserved the right to expand the Property subject to the Declaration. Declarant now desires to exercise that right. This exercise is not necessarily the only time that Declarant will exercise this right and, therefore, reserves such rights as provided in those Sections. The real property which Declarant is subjecting to the Declaration is described above ("Lega l Description ") and more particularly described on the metes and bounds description on Exhibit IA attached hereto ("First Addition "). Pursuant to Section 11 .3, Declarant may limit the uses ofFirst Addition in certain respect s, and desires to do so as set forth below. NOW, THEREFORE , LET IT BE KNOWN that each and every person, party or entity hereafter purchasing or owning or in any way taking possession of any Lot in the Oaks at Schmitt Farms Subdivision, Lots numbered as 1 through 53, inclusive, shall do so subject to the restrictions and covenants, recorded in the Office of the Register of Deed s for Washington County, Wisconsin on January 8, 2026 as Document No. 1626964. C:\Users\plann er\AppOata\Local\Microsoft\ Window s\JNetCache\Content.Out look\SB259WTC\The Oaks - First Amendment to Deed Resttictions Draft (7.22.26).doc AMENDMENT TO THE DECLARATION Now therefore, Declarant hereby amends the Decla ration of Covenants, Conditions and Restrictions ofThe Oaks at Schmitt Farms ("Declaration") as follows: l . Amendment to Expand. a. The First Addition to the Oaks at Schmitt Farms is hereby added to The Oaks at Schmitt Farms Subdivision for all purposes and is described in the above Legal Description and as further identified using the metes and bounds description on Exhibit Al (the First Addition Property). b. As provided in Section 11.4 of the Declaration , effective as of the date this Amendment is recorded , each Owner in First Addit ion will be a member of the Association entitled to one vote per Lot ; shall own an undivided fractional interest in the Common Areas as set forth in Section 2.6 of the Declaration, which is hereby revised to provide that all the Lots in the subdivision shall own a 1153rd interest in the Common Areas. Furthermore ; the portions of First Addition which are not included as one of the Lots in First Addition are declared to be an addition to the Common Areas of the entire Subdivision. 2. Construction and Effect. Declarant reserves all of its rights under Article 11 of the Declaration to further expand or not expand the Property; and to amend the Declarati on accordingly. Executed on ------- W. Fields, LLC By: Jerome A. Bence, Jr. Irrevocab le Trust Agreement II, Member By: Theresa M. Weitennann , Trustee ST A TE OF WISCONSIN ) ) ss. COUNTY OF WASHING TON ) Personally came before me this ______ , the above named Theresa M. Weitermann , Trustee of the Jerome A. Bence Jr. Irrevocable Trust under Trust Agreement No. II dated January 2, 1998, member of W. Fields, LLC, by its authority, and to me known to be the person who executed the foregoing instrument and acknowledged the same. Cynthia Schmitt Notary Public , State of Wisconsin My Commission Expires: April 10, 2029 2 Exhibit Al The First Addition consists of all of the following described land. Commencing a: The Southwest corner of said Sectiofi 20- 9- 19; thence N 01"46"&.6'' 'II -- LQ.00 feet along :tie wes, line o~ the SV/ 1/4 sakl lit1e also being tt·e cente1lire ot Pia: Roa<l; ihet1ce t-. sa·19'43'' E -- 40 00 feet to 1t1e point ot beginni11g; thence \J 01"·16'115" 'II -- 791.70 feet nlong ihe e~c;terly rigrt of way of Plot Rood; thence N B8'02'14" E -- 402.'0 feet; therce \J 01"-h'i'.iG" 'II -- 650 DO feet: thence s ss·o2·14• w -- 40.f:8, tren~e N o··o: '46' 'II -- 681 96 feet; thence s 85"27'46" E -- 798.40 feet; thence \J 04"34''6" 'II -- 737.0/; :hence N 88"26'39" E -- 149·U 9 feet to the eust line of the SW 1/4 ot soid ScctiDn 20- 9- i9, said lire also being ,he westerly lire of The 0<1ks at Schrniti Farrrs; therce alonq said westerl y lir e as "ollo·11s:S 01'45'16" E -- 50.00 feet; thet·ce N 88°26'39" E -- 4.6i feet; thet•ce S 0:·.H21" E -- J38.00 "eec; :hence N 88"2E'39· E -- 19.05 feet; thence S. 01'3.3"21" E -- 253.00 feet; thence S E-8"2E'Jg" W -- 706.93 fee:; thence Soutt1·~•esterly -- 444.95 ~ee: alcng the arc of an 866.00 foot radius cur~e : o The right wh~se crord bears S 19·50•39• 'II -- 440.QS teet '.incl. < = 29'25'19.:i"), ih:11ce S 4:t57' .W E -- ,'2196 teei; thmce S C1'40'17" E -- 50.20 feet; 1het1ce \i P.6'19'.1J' E -- ;if..03 feet to the rorthwes: corner of Porcel 1 of C.S.~t. Number 4813; ther ce lew,ir g the wester!)' line of soid Caks ot Scrmit: Farrrs, S or40'1T E -- 954 90 feet alc•n~ The wes: erl:1 line of Parcel • of said CS Vi Number .1g· .3 tc i r e souit·west corr er of '.)mcel • of said ::.s.~t Number d8' J, said corner being en t he nm: herl y righ: of wny line of Elrn•,1ood Road; ~hence S 88'i9' 43" 1.'1 -- l':l70 47 feet along said rigrt of ·11cIy lire ,o the point of beg1nnir g. Said parcel ccn:ains 82 L4 acre:. 3 DECLARATION OF COVENANTS, CONDITIO NS AND RESTRICTIONS OF THE OAKS AT SCHMITT FARMS Document # 1626964 WASHINGTON COUNTY WISCONSIN 2026-01-08 4:27 :00 PM ~~ LISA BUDISH WASHINGTON COUNTY REGISTER OF DEEDS Fee: $30.00 Return via EMAIL Pages: 22 Name and Return Address JBJ Companies, Inc. W 178 N99 l 2 Rivercrest Dr., #IO I Germantown, WI 53022 Doc # 1626964 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE OAKS AT SCHMITT FARMS This Declaration of Covenants, Conditions and Restr ictions of The Oaks at Schmitt Farms (this "Declaration") is made and entered into by W. Fields, LLC ("Declarant "). Introduction Declarant owns certain real property, described on the attached Exhibit A, upon which Declarant intends to develop one or more subdivisions for residences and other related improvements. By this Declaration, Declarant intends to subject such property and improvements to certain easements, rights, restrictions, and obligations with respect to the ownership, use and maintenance of such property and improvements and all components thereof. Even though there may be two separate plats dividing the property described on Exhibit A into lots, Declarant intends that each portion of the property described on Exhibit A, when platted, will be subject to this common Declaration. Now, therefore, Declarant, as fee owner of such property, by this Declaration (I) establishes and imposes certain provisions, restrictions, conditions , easements and uses upon such real property; and (2) specifies that the provisions of this Declaration shall constitute covenants running with the land which shall be binding upon Declarant, its successors and assigns, and all subsequent owners and occupants of all or any part of such real property. ARTICLE 1. DEFINITIONS The following terms shall have the assigned definitions: 1.1 Association. The "Association" shall mean The Oaks at Schmitt Farms Community Association, Inc., the members of which shall be all Owners of Lots in the Subdivision. 1.2 Association Insurance. "Association Insurance" shall mean all policies of insurance as may be maintained by the Association under this Declaration. 1.3 Board. The "Board" or "Board of Directors" shall be the governing body of the Association, elected according to the Bylaws. 1.4 Building. A " Building" shall be any freestanding structure located in the Subdivision. A "dwelling" or a "residence " is a Building intended for occupancy in accordance with Section 5.1. 1.5 Bylaws. The "By laws" shall mean the Bylaws of the Association as adopted by the Board. 1.6 Common Areas. The "Common Areas" shall consist of the Outlots (which includes certain wetland and stormwater features). l. 7 Common Improvements. The "Common Improvements" cons ist of the following, some of which may be located in Common Areas and some of which may be located in public streets: all signs on the Property generally identifying the Subdiv ision as The Oaks at Schmitt Farms Subdivision, and any ponds, Buildings or other improvements made by the Association in the Common Areas. 1.8 Declarant. The "Declarant" shall mean W. Fields, LLC and the successors and assigns of Declarant pursuant to assignment in accordance with Section 15. 7 of this Declaration . 1.9 time to time. I.IO 1.11 Doc #1626964 Declaration. "Dec laration" shall mean this Declaration as the same may be amended from Director. A "Director" shall mean a member of the Board. Drawings. The term "Drawings" is defined in Section 6.l(b) . 1.12 Lot. "Lot" shall mean a platted lot intended for construction of a residence as shown on a Plat. The reference to a Lot by a number shall mean that particular Lot as shown on its Plat. 1.13 Mortgage. "Mo rtgage" shall mean a recorded first lien mortgage against a Lot or the vendor 's interest under a recorded first lien land contract relating to a Lot. 1.14 1.15 Mortgagee. "Mortgagee" shall mean the holder of a Mortgage. Occupant. "Occupant" shall mean the Owner and any other person residing on a Lot. 1.16 Outlot. "Outlot" shall mean an Outlot as shown on a Plat. The reference to an Outlot by a number shall mean that particular Outlot as shown on its Plat. 1.1 7 Owner. "Owner" shall mean each fee simple owner of a Lot. The Declarant is an Owner with respect to Lots to which it holds title. 1.18 Pet. A "Pet" is a domestic dog, cat or bird (other than large birds of prey) which are not maintained for breeding or commercial purposes. By virtue of this definition, no other animals are permitted to be on the Property as pets of any Occupant. 1.19 1.20 1.21 on Exhibit A. Phase. A "Phase" is the successive ly numbered Plats which define the Subdivision. Plat. A "Plat" is a plat of a portion of the Property as recorded in the Register's Office. Property. The "Property" shall mean the real estate subject to this Declaration, as described 1.22 Register's Office. The "Regis ter's Office" shall mean the office of the Register of Deeds for Washington County, Wisconsin. 1.23 Rules. The "Rules" shall mean rules established by the Association governing the administration of the Common Areas and Common Improvements. 1.24 Subdivision . " Subdivision" shall mean all of Lots as shown on the Plats for each subdivision which is a part of the Subdivision. Readers are cautioned that the term "Subdivision" refers to the entire portion of the Property which has been subjected by Declarant to any Plat. Until a portion of the Property has been subjected to a Plat, it is not a part of the Subdivision, and the covenants, restrictions and conditions herein do not apply to such portion of the Property. 1.25 its successors. 1.26 Village. "Village" shall mean the Village ofRichfield, Washington County, Wisconsin, and The Oaks at Schmitt Farms Documents. "The Oaks at Schmitt Farms Documents" shall consist of this Declaration , Articles of Incorporation of the Association and the Bylaws of the Association. ARTICLE 2. ASSOCIATION OF OWNERS 2.1 Administration. Declarant shall establish the Association, which shall be incorporated and shall adopt Bylaws for its governance and administration of the Common Areas and Common Improvements. The Board may, but need not, from time to time adopt and amend Rules that are binding on all Owners and Occupants. The Board shall administer and enforce the Common Areas, the provisions of this Declaration and the Bylaws, the 2 Doc #1626964 Rules, and all other uses of and restrictions on the Property . Until the establishment of the Association, all powers of the Association shall be exercised by Declarant. 2.2 Membership and Voting. Each Owner shall be a member of the Association. In the Association, the Owner(s) of each Lot shall be entitled to one vote for each Lot owned. If one or more Lots change their status to some other fonn of ownership, the votes appurtenant to each original Lot shall not be changed. No member shall be permitted to vote if such member is more than thirty (30) days delinquent in the payment of any amount due to the Association under Article 3 of this Declaration. 2.3 Control of Association. Declarant shall have the right to appoint and remove Directors of the Association and to exercise any and all powers and responsibilities assigned to the Association, the Board, or its officers, by the Articles, By Laws, this Declaration or the Wisconsin Nonstock Corporation Law (as amended from time to time), until the earliest of: (I) fifteen 15 years from the date that the first Lot is conveyed to any person other than Declarant; or (2) one hundred eighty ( 180) days after the conveyance by Declarant to purchasers of75% of the Lots; or (3) Declarant's election to tum over its rights of management and control to the Association. For purposes of determining the calculation in subsection (2) above, the number of Lots constituting 100% is set forth in Section 11.4. 2.4 Management. The Associat ion may employ, as an Association expense, a professional management agent or company to assist in carrying out its duties regarding the Common Areas, the Common Improvements, and this Declaration, with such experience and qualifications and on such terms and conditions as are acceptable to the Board. Any such agreement must be tenninable by the Board, without cause, upon ninety (90) days notice without payment of any penalty. 2.5 Approvals . Any proposal by an Owner requiring Board approval shall be submitted in writing, in such detail and with such supporting documents as the Board may require to facilitate its understanding and review. The Board may approve or disapprove any proposal submitted by an Owner after considering one or more of the following concerns and any additional concerns as the Board deems prudent: (l) freedom and safety of access and convenience to other areas of the Property; (2) the costs to be paid by the Owner for restoration of Common Areas and Common Improvements to their prior physica l condition upon the complet ion of work or use contemplated by the proposal; and (3) a fair and reasonable monthly charge to be paid by the Owner to the Association for any encroachment on any Common Areas resulting from the proposal. The Board may at its discretion impose further conditions upon its consent to any proposal as it deems appropriate, including payment of out of pocket charges for professional advice and a standard review fee. Approval of a proposal shall be deemed given if the Association president indicates approval in writing. Proposals to affect the Common Areas or Common Improvements require approval of the Board, not the ACC. If the result of a proposal would be to cause an encroachment on any public street or utility, or any easement area or would affect the storm water drainage system on the Property, the prior express written consent of the Village is required. 2.6 Ownership of Common Areas. Each Owner of a Lot shall own a percentage interest in the Common Areas as a tenant in common with all other Owners. The interest of each Lot is a fraction equal to I divided by the number of Lots. Initially, the interest is I/25th, and if fully developed the interest would be l/53ro. Each such interest is subject to the following obligations, benefits and requirements: (a) By each initial conveyance ofa Lot to an Owner, each Owner shall obtain its interest in the Common Areas. Each Owner, on its own behalf and on behalfofits successors and assigns, by acceptance of a deed or other transfer of a Lot, waives any and all right that the Owner might now or hereafter have to maintain any action or petition for partition with respect to the Owner's interest in the Common Areas or to compel any sale by action at law or in equity. No Owner shall seve r its interest in the Common Areas from its ownership of its Lot. (b) The Declarant and the Owners hereby appoint the Association as the "agent" for the administration of the Common Areas, with the complete authority over the Common Areas as described herein. The Association shall not have the right to sell, mortgage or lease any or all of the Common Areas except if approved by the Owners as an amendment hereto under Article 9. 3 Doc #1626964 (c) The appointment of the Association as the agent for the Common Areas is not intended to create any other agency, joint venture or partnership relationship among the Owners or between the Association and the Owners. No Owner shall have fiduciary duties to another by virtue of the tenancy -in­ common interest in the Common Areas. The Association shall not have any duties as a partner, or the like, including but not limited to income tax reporting to the Owners. (d) The rights of the Association, as agent, and the Owners as to the Common Areas shall not be affected by federal or state bankruptcy or inso lvency proceedings , or analogous proceedings for creditor or debtor relief, against any one individual Owner. (e) Declarant is advised that each Owner's interest in the Common Areas will be assessed and taxed for real estate tax purposes and will be included on the tax bill for such Owner's Lot. Declarant makes no assurance that taxes will be levied in this manner. If any one Owner fails to pay taxes as and when due with respect to such Owner's interest in one or more of the Common Areas, then the Association may, but is not obligated to, pay such amount and levy a special assessment in such amount on such Owner. (f) Appointment of the Association as agent shall not be rescinded or limited unless the appointment is rescinded or limited by an amendment to this Declaration in accordance with Article 9. (g) The Association shall permit an Owner to use a reasonable portion of an Outlot located as closely as feasible to the Owner 's Lot for purposes of installation, maintenance, repair and replacement of a private sewage system for the residence on the associated Lot if the Owner can show that it is impractical to locate such sewage system on the Lot. In order to obtain such permission, the Owner must apply for permission under Section 2.5, and the Association shall not charge any fee under Section 2.5(c), but may impose a fee for its costs of review and enforcement, and may impose requirements regarding, among other matters , the reconstruction and repair of the landscaping on the Outlot, the condition of the sewage system, and the effects of the sewage system on the environmental condit ion of the Outlot. Any such sewage system installed must be in compliance with all applicable laws at all times. 2. 7 Annual Meeting. Following Declarant's turnover of Association contro l to the Owners, an annual meeting of the Owners ("Members") shall take place in the month of October, or such other month selected by the Board of Directors and held at a convenient place and convenient time as shall be determined by the Board of Directors for the purpose of electing directors and for the transaction of other business as may come before the members. 2.8 Special Meetings. Special Meetings of the Members for any purpose or purposes may be called by the President or the Board of Directors. Following the turnover of Association control by the Declarant, Special Meetings may be called by written request of one-half of the Members entitled to vote at the meeting, such meeting shall be held in the place designated in the notice of such meeting. Only business mentioned in the call ofa specia l meeting may be transacted. 2.9 Notice of Meetings. Written notice stating the date, place and hour of Association Meetings, including special meetings , and the purpose or purposes for which the meeting is called, shall be delivered not less than fourteen (14) days before the date of such meeting by: (a) email or (b) by personal delivery or (c) by US mail at the direction of the President or Secretary or other officer or persons calling the meeting. The mailed Notice shall be deemed to be delivered when deposited in the United States mail addressed to the members at their addresses with postage thereon prepaid. The time for notice by mailing shall be seventeen (17) days to allow for US Mail delivery . Email notice shall be deemed delivered upon sending to the recipient's correct email address. 2.10 Quorum. A quorum at any properly called meeting of the Association shall consist of twenty percent (20%) of the members of the Association. The Association may conduct Annual meetings by video te leconference. 4 Doc #1626964 2.11 Proxies. Members shall be entitled to vote at the annual meeting or any special meeting either in person or by proxy at the time a vote is taken. Proxies must be in writing and are valid for one (I) meeting only, but may be renewed , in writing. The Board of Directors may establish additional rules governing voting and proxies. ARTICLE 3. ASSESSMENTS 3. I Budget and Assessments. The Association Board of Directors shall annually adopt a budget of common expenses and levy assessments on the Lots allocating such assessments equally to each Lot, subject to the limitations herein. The budget shall include amounts representing assessments that are bad debts, and may but need not include a replacement reserve, which in each case shall constitute part of the general assessments. The Association may also levy (a) special assessments on all Lots for any purpose for which a general assessment may be levied and special assessments, or (b) fines on particular Owners for the purpose of collecting any amounts due the Association or enforcing compliance by such Owners with any provision of this Declaration, the Bylaws or any Rules. The Board may adopt a Rule to impose uniform charges for services which the Association provides related to transfer of Lots, review of proposals under Section 2.5, and the like. The Board may adopt an initial budget showing the reasonably anticipated amounts necessary to cover common expenses . 3.2 Installments; Late Payments. General assessments shall be levied on an annual basis and shall be due and payable as determined by the Board. Special assessments shall be due and payable at such time and in such manner as the Board may determine. Any assessment or installment of an assessment not paid within ten (10) days of its due date may be subject to a late charge and/or interest as set forth in the Bylaws or in a Rule. 3.3 Enforcement; Liens. If an Owner defaults in any payment, the Association shall take appropriate measures as permitted by law. The defaulting Owner shall be responsible for all costs incurred by the Association in seeking to enforce payment including the Association 's reasonable attorneys' fees. Owners shall be personally liable for assessments or fines, and a lien shall be imposed against such Owner's Lot for any unpaid assessments. The lien shall be effective as of the recording ofa notice thereof in the Register ' s Office, in the same manner as a condominium lien would be imposed. The lien shall be enforced generally in the manner in which condominium liens are enforced. Liens for unpaid assessments shall also extend to and secure interest, fines and reasonable costs of collection including attorneys ' fees incurred by the Association incident to the collection of assessments or enforcement of liens. The Association may purchase a property upon the foreclosure of its lien. Under Section 2.2, an Owner delinquent in payment may in some cases not be permitted to vote on matters before the membership of the Association. 3 .4 Association Statements. Within five (5) business days of written request from an Owner or a Mortgagee, the Association shall provide a letter stating the existence and amount of outstanding general or special assessments against the Owner's property, if any. Notwithstanding anything to the contrary in the preceding sentence, all property conveyed by Declarant shall be deemed conveyed free from outstanding general, special or working capital assessments and no such letter shall be required or given as to such property. 3.5 Common Expenses and Surpluses. Common expenses and surpluses shall be allocated in the same manner as general assessments are allocated . All common surpluses for each fiscal year shall be retained for common expenses for the next succeeding fiscal year. 3.6 Litigation Reserve. Upon initial conveyance of each Lot by Declarant, each new Owner shall deposit with the Association a non-refundable sum of$400.00, to be placed in a litigation reserve fund. The litigation reserve fund shall be used to pay legal fees and costs in the event that the Association is involved in a proceeding to enforce or defend the terms and conditions of this Declaration, whether in a proceeding commenced by or against the Association or in which the Association intervenes . The Board may invest said funds and all returns on such investments shall become a part of the fund; provided that the Board may transfer amounts out of the fund to the Association's general funds ifit is determined that a lesser amount is appropriate. Ifnecessary , the Board may levy a general or special assessment to replenish such funds. The Declarant shall not be obligated to contribute any funds to the litigation reserve escrow fund. 5 Doc # 1626964 ARTICLE 4. MAINTENANCE AND ALTERATIONS 4. l Owner Responsibility. Each Owner shall reimburse the Association for the cost of the Association's repair or replacement of any portion of the Common Areas or Common Improvements damaged through the fault or negligence of such Owner or such Owner ' s family, guests, invitees or tenants. Each Owner shall, at the Owner's cost, even if no residence has been constructed by such Owner, maintain the yard, including the cutting of grass, tree pruning, shrub and bed maintenance, and snow removal from driveways and, if any, sidewalks, in an orderly and neat manner and shall maintain all structures on the Lot in good repair and condition. 4.2 Association Responsibility . The Association shall maintain in good condition and repair, replace and operate all of the Common Areas and Common Improvements, including landscaping, trees and plantings in the Common Areas and trimming of such trees for sight lines. The Association may, in its discretion, install additional Common Improvements in the Common Areas. ARTICLE 5. RESTRICTIONS ON USE AND OCCUPANCY 5.1 Permitted Uses. Each Lot shall be occupied and used only for single family residential purposes and for no other purpose. No trade or business shall be carried on anywhere in the Subdivision, except for (1) the incidental use of a Lot for personal business conducted by mail and telecommunications which does not burden the use of the Subdivision by frequent visits by business service providers or customers, subject to any Rules relating to such burdens, or (2) the sale of Lots, subject to the other provisions hereof and any Rules related thereto, or (3) the establishment of offices by Declarant or its agents for sales of Lots or by the Association for conducting its affairs. The term "residential purposes" includes only those activities necessary for or normally associated with the use and enjoyment ofa homesite as a place of residence and limited recreation. No garage or other mobile or accessory structure shall be used for temporary or permanent living or sleeping for family or guests without prior approval of the ACC. 5.2 (a) Except as provided below, the Owner or Occupant may keep no more than three (3) Pets per Lot on the conditions that: (I) the Pet is not permitted on any of the Common Areas while unattended; (2) the owner of the Pet shall comply with such further rules of pet ownership as may be promulgated by the Board; (3) the Pet is licensed by the Village or appropriate licensing authority, if required under applicable ordinances; ( 4) no reptiles or uncaged birds shall be permitted; and (5) the Pet must immediately and permanently be removed from the Property if, in the sole judgment of the Board, the Pet is or becomes offensive, a nuisance or harmful in any way to the Property or any Owner or Occupant or otherwise violates the terms of this Section 5.2 or any Rules adopted relating to Pets. Possession of Pets shall not be considered a property right. (b) If a dog kennel or similar enclosure is to be erected and maintained for any Pet, such kennel or enclosure will require approval prior to installation under Section 6.1. Any and all costs of repairing damage caused by a Pet or other unauthorized animal of an Occupant shall be borne by its owner and, if different, the Owner of the Lot where the Pet or other animal is housed. 5.3 Vehicles. No outdoor parking of vehicles shall be permitted on the Lots, without the prior express consent of the Board, and, except for parking as necessary in connection with the construction or reconstruction of a residence on a Lot. No person shall occupy, park or otherwise use a vehicle so as to block access 6 Doc # 1626964 to a Lot. Storage of trailers, campers, camping trucks, boats or other marine craft, horse or boat trailers, motorcycles , mopeds, motorized bicycles, vehicles licensed as recreational vehicles or commercial vehicles, snowmobiles, all-terrain vehicles, inoperative or unlicensed vehicles or the like shall not be permitted on a Lot, except (I) in a garage, or (2) in the case of recreational vehicles, commercial vehicles and boats, outside of a garage but no closer to the street than the furthest most projection of the residence or garage to the front Lot line, on a hard surface area of concrete, asphalt, paving brick or similar material, and screened from public view by fencing, shrubbery , decorative gates or other means, in all cases acceptable to the ACC as described in Article 6. Without limiting the foregoing, no motorized vehicles may be operated on any Outlot. 5.4 Waste. Accumulations of waste, litter, excess or unused building materials or trash other than in appropriate receptacles is prohibited, and garbage containers shall be situated only in locations designated by the Association. No incineration of waste is permitted on the Property. Lots shall be kept free of debris during construction of improvements thereon by maintenance of a dumpster on-site. The refuse and garbage receptacles for each occupied home shall be stored in the residence or garage, except for a period of 12 hours prior to and following the scheduled garbage pickup. 5 .5 Temporary Structures. No structure, trailer, shack or barn, temporary or otherwise, shall be placed or maintained on any portion of a Lot or Common Area without written approval of the Board, except for construction trailers maintained by Declarant and its successors and assigns, or the Association . 5.6 Quiet Enjoyment. Each Owner shall have the right to use its property in accordance with this Declaration and applicable law, free from unreasonable interference from any other Owner, Occupant and other invitee. No person shall cause or permit the Common Areas to be used so as to deny any Owner or Occupant the full use of the Common Areas except as permitted by the Association under Section 2.5. 5. 7 Noxio us Activity. No use or practice shall be allowed in the Subdivision or the Common Areas which is immoral, improper or offensive in the opinion of the Board or which is in violation of The Oaks at Schmitt Farms Documents. By way of example and not limitation, offensive activity shall include excessive amplification of musical instruments and/or audio or audio visual equipment. 5.8 Patios and Balconies. Patios, decks and balconies of Buildings on Lots shall not be used for storage of any kind, including, but not limited to, the storage of motorcycles, baby carriages, bicycles or wagons. 5.9 Signs. No Owner or Occupant may erect, post or display posters, signs or advertising material on the Common Areas or at locations on a Lot or within a Building which are visible from the public streets or Common Areas without the prior written consent of the Board, except (a) Declarant may do so without such approval and (b) an Owner may erect or post a temporary sign of customary and reasonable dimension relating to the sale of a Lot. The Board may at its discretion, in particular circumstances or in general, delegate its right to consent under this Section to the ACC described in Article 6. Where Board consent is sought and obtained , the permitted signs will be erected and maintained in accordance with all ordinances, rules, regulations and conditions applicable thereto. "Signs" as used herein shall be construed and interpreted in the broadest possible sense and shall include any placard, posters or other such devices as may be affixed to the interior of any exterior windows so as to be visible from the exterior of the Building. 5. IO Environmental Matters. Each Owner and Occupant shall comply with all applicable governmental or Association statutes, ordinances, regulations or rules relating to the storage, transport and release to, from, on or in such Lot of any substance or compound governed by any one or more of Wis. Stats. Chap. 292 (as the same may be renumbered from time to time); Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); Toxic Substances Control Act ("TOCSA"); Resource Conservation and Recovery Act ("RCRA"); Village ordinances; and similar laws relating to the storage, transport or release of substances, compounds or recyclable materials, all as in effect from time to time. 5.11 Obstructions. No playground equipment, bicycle racks or other equipment or material may be placed on the Common Areas except as the Board permits by Rule. 7 Doc #1626964 5.12 No Further Divisions. No Lot or Outlot may be further subdivided without the approval of the Village's Plan Commission. 5. l 3 Occasional Use of Common Areas. If the Association places gazebos or other structures in the Common Areas, then the Owners shall be entitled to the use thereof at no cost, subject to Rules to be made by the Board concerning the reservation and use of such Common Areas and Common Improvements. Any user will be responsible for removal of all debris from such use. Any damage to the Common Areas or Common Improvements from such use will be repaired by the Association but at the cost of the Owner under Section 4.1. An Owner using a Common Area or Common Improvement shall not leave the Owner's guests unaccompanied during their use of the same. Outlots shall not be developed or used except as contemplated by this Declaration. ARTICLE 6. ARCHITECTURAL CONTROL 6.1 Architectural Controls: Restrictions on Development. (a) Architectural Control Committee. Composition . Declarant shall establish an Architectural Control Comm ittee ("ACC"), related to the Association as provided herein, consisting of three (3) members who shall have the duties as set forth in this Article. The initial ACC shall be appointed by Declarant. One or more ACC members may delegate their ACC duties to any one or more of the other ACC members. After Declarant conveys to purchasers 75% of the Lots, then the initial members of the ACC shall resign and the Board shall elect the three (3) members from the Owners of Lots to serve on the ACC; provided, however, that if selected by the Board, a representative of Declarant may serve on the ACC. Notwithstanding the election of the new members of the ACC, the approval of Drawings (defined below) for the initial construction of a residence on a Lot shall not be effective without the express prior consent of the Declarant; approval of Drawings for other matters will not require Declarant's approval. (b) No Development Without Prior Approval. Not less than ten days prior to each time any of the following is proposed to occur: (I) commencement of construction of any Building or other improvements on any Lot, or (2) the reconstruction ofany Building or other improvements on any portion or portions of such property following a casualty loss thereto, or (3) the demolition of any Building or other improvements on any portion or portions of such property, or (4) the initial painting, or subsequent decoration or alteration of the exterior of any Building or other improvement on such property, or (5) the installation of an awning, enclosure, hot tub, deck, swimming pool, mailboxes, fences or other landscape features on any such property, the Owner(s) of such property shall submit to the ACC for consideration as described below two copies of written information, which shall include a survey of such property prepared by a licensed surveyor, (" Drawings") showing: (A) the location, size, elevations and type of Building(s) and other improvements, including, but not limited to, homes, garages and fences or other matters proposed to be erected or reconstructed on such property, (B) detailed plans and specifications for construction or reconstruction , including building material, type and color and plans to screen the demolition, construction or reconstruction from view, (C) the proposed landscaping , and 8 Doc # 1626964 (D) the proposed location and specifications for utilities servicing such improvements. The survey shall reflect the proposals in A through D, which are appropriate to be shown on the survey. Any of the actions described in clauses (1) through (5) above may be taken (subject to subsection (c) following) on or after the date on which the ACC approves or does not object or is deemed to have done so as provided in subsection (c) following, unless such time periods are waived by the ACC in its sole discretion where the ACC believes that such earlier commencement is consistent with the purposes of this Declaration. No action described in paragraphs (I) through (5) above shall take place without the approval by the ACC of the Drawings for such action, except if the action is the repair or replacement of previously approved exterior features with features that are identical or if the action is the repainting of an exterior surface with paint of the same color. (c) Standards and Procedural Matters of Consideration . The ACC shall not unreasonably refuse to consider submitted Drawings provided that any fees imposed for review have been paid. In considering any Drawings, the ACC shall consider, among other factors, whether all of the improvements and the lighting, exter ior finishes (such as materials, decorations, and paint color), landscaping, the placement and protection of trees as provided in Section 6.6(b), and such other matters proposed in such Drawings comply with the terms of this Declaration and the Village ordinances and otherwise are, in the ACC ' s sole opinion, in keeping with and do not detract from or depreciate any portion of the Property or the Expansion Real Estate, whether then undeveloped , developed or in the process of development, even if the Drawings otherwise do not breach any other standard set forth in this Declaration. The ACC may approve Drawings (absolutely or conditiona lly), may object to Drawings (absolutely or conditionally), or may state that it has no objection to Drawings (absolute ly or conditionally). Approval must be expressed and in writing. The failure of the ACC to approve, object or acquiesce conditionally as above within twenty business days after submittal of the complete Drawings and payment of any review fees shall be deemed as if the ACC stated that it has no objection to the Drawings as submitted. If the ACC objec ts to Drawings in whole or in part for any reason, the submitting Owner shall thereafter resubmit Drawings to the ACC with such revisions as are required. Each time an Owner so submits the Drawings , the ACC shall have the right to approve, acquiesce conditionally or object to the Drawings as described above in the time periods as measured from the last submittal. Following the ACC 's approval of the Drawings , the improvements described therein shall be developed strictly in accordance with the approved Drawings . If the approved improvements are not completed within one (1) year of their initial approval , then such approval shall be deemed withdrawn and the same or different Drawings required to be submitted or resubmitted, as the case may be; provided that the ACC may, in its discretion , extend such period by up to an additional 6 months if it reasonably determines that delay has been primarily caused by factors outside of the control of the Owner; and provided further that the initial driveway need not be completed until the time period specified in Section 6.6(c). ( d) Prior Approval for Changes. If after the completion of the improvements to an affected property, the Owner thereof desires to construct any additional improvements or to substantially alter the then existing improvements or the grade of the affected property, the Owner shall comply with the provisions of subsection (a) above. A proposed alteration will be deemed substantial if it affects the location or exterior appearance of the approved improvements . ( e) Procedures and Budget. The ACC may set its own operating procedures consistent with this Declaration and any limitations hereafter imposed by the Board. The costs of operating the ACC shall be assessed by the Associat ion as common expenses, except as permitted below. The ACC may but need not require the payment of a review fee in connection with the submittal of any Drawings pursuant to a written policy. The ACC may engage consultants (e.g., architects, engineers or attorneys) either on a genera l or on a case-by-case basis, and the costs thereof may be charged to an applicant. The members of the ACC shall not draw any compensation for serving thereon but may be reimbursed for expenses incurred in performing their duties. All funds relating to the ACC shall be handled by the treasurer of the Association. 9 Doc # 1626964 (t) Separate Village Approval. Matters which require approval of the ACC may also require approval of the Village. Obtaining approval from the ACC and from the Village is solely the responsibility of the Owner desiring approval. Approval of Drawings by the ACC shall not be deemed approval by the Village and approval by the Village shall not be deemed approval by the ACC. (g) Uniformity Standards; Waiver. Certain standards of architectural control are set forth in Sections 6.2 through 6.6 below. The ACC may adopt additional written standards of uniformity, setback, grading, landscaping, basements, roofing, or exterior, whether generally or for certain types of improvements. The ACC may waive any such standard which it has adopted, may waive any standard in Sections 6.1 through 6.6, and may waive any floor area requirements in Section 6.3 by up to l 0%. The ACC may, in its discretion , also permit comparable or superior construction materials as substitutes for those required in this Declaration. Any such waiver or approval must be express and in writing. The ACC may enforce any standard even ifit has, expressly or by acquiescence, permitted previous deviations from such standard. Any variance granted hereunder may be conditioned and may be permanent or tirne•litnited (and if not expressly time limited will be deemed to be effective for so long as the use of such property is not materially altered) . The ACC may waive any standard as above even in the absence of an ''unnecessary hardship"; those judicially determined standards for granting variances under zoning regulations shall not apply to the ACC. (h) Indemnification. Each member or former member of the ACC, together with the personal representatives and heirs of each such person, shall be indemnified by the Association against all loss, costs, damages and expenses, including reasonable attorney's fees, asserted against, incurred by, or imposed in connection with or resulting from any claim, action, suit or proceeding, including criminal proceedings, to which such person is made or threatened to be made a party by reason or service as a member thereof, except as to matters resulting in a final determination of negligence or willful misconduct on the part of such member. In the event of settlement of such proceeding, indemnification shall be provided only in connection with such matters covered by the settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of negligence or willful misconduct in the performance of such person as a member in the matter involved. This right of indemnification shall be in addition to all other rights and defenses. All liability, loss, damage, costs and expense incurred or suffered by the Association in connection with this indemnification shall be a common expense. Nothing in this subsection shall be deemed an indemnification of such person with respect to such person's status as an Owner, Occupant or otherwis e. 6.2 Antennas. No antenna. aerial, satellite dish or cable for television or radio reception which is greater than 30" in diameter shall be erected or installed on or in any roof or any other portion of a Building on any Lot or on the unimproved portions of such properties, except as erected or installed by Declarant, the Association, or any individual Owner with written approval of the ACC, and, in each case, in compliance with Village ordinances. 6.3 Minimum Home Size Requirements. (a) Only one single-family home may be constructed on each Lot. The following types of homes on Lots shall have the following minimum sizes: Residence Type One story More than one story Minimum Size 2,000 square feet 2,300 square feet (minimum of 1,100 square feet on the first floor) (b) For purposes hereof, "more than one story" includes homes referred to as one and a half story, two story, split level or bi•level. The type of residence and the number of square feet shall be determined on a uniform basis by the ACC and shall not include basement, attic, garage porch or patio areas in the computation . Doc #1626964 6.4 Garages and Sheds. (a) Each residence on a Lot shall have a garage for not less than 2 cars attached to the residence containing a minimum of 450 square feet. Garage entrances must be located on a side of the residence which does not face the street fronting the Lot, except in the case of a Lot bordered by two streets in which case the garage entrance must be located on the side on which the front entrance does not face. Garages must be located on the side of the Lot which has the highest elevation, except as permitted by the ACC. Driveways shall be paved with a hard surface material acceptable to the ACC and, within its jurisdictional limits, the Village. Garages must be constructed at the time of construction of the residence and all exterior features must be completed prior to occupancy of the residence (b) Detached garages may be permitted by the ACC, provided that the following requirements have been satisfied: I. The garage shall have a minimum of two stalls. 2. Door openings and all overhead doors shall not exceed IO feet in height. 3. Color and building materials shall be consistent with the residence on the Lot. ( c) Any storage sheds shall contain not less than 129 square feet nor more than I 80 square feet. All sheds shall be of a sty le, color and building material consistent with the residence on the Lot. A shed must be rectangular, and not square. No steel, vinyl, aluminum, prefabricated or kit sheds shall be permitted. Approval for all sheds is required under Section 6.1 . If an Owner desires to connect electricity to a shed, whether at or after the time of initial construction, the installation of electrical connections must be underground and must be performed in accordance with all laws and regulations. 6.5 improvement to a Lot: (a) elevations. Certain Exterior Features. With respect to the construction of a Building on a Lot or other Shutters or window casings and trim features shall be used on all windows on all (b) A residence shall have a roof constructed using 30 year warranted dimensional shingles, or better, with a minimum pitch ratio of 8: 12. Exceptions to the roof pitch requirement must be requested, in advance of the work being done, and may be approved by the ACC, in the ACC's sole and absolute discretion. (c) Exterior walls ofresidences shall be constructed of brick, stone, wood (including wood wafer board products of a type and quality approved by the ACC), cedar, stucco, concrete siding (i.e. hardi­ plank) or combinations thereof. Specialty steel or aluminum siding or soffit/fascia requires an individual approval by the ACC prior to it being installed (this refers to such products as Quality Edge Vesta (wood grains), Longboard, and K.notwood, for example). Basement or foundation walls shall not be exposed by more than 8 inches. ( d) If vertical siding or the like is used on the exterior walls of a residence, the same shall terminate only at an inside comer or other suitab le break in the residence's architecture as the ACC shall approve. Exterior masonry walls must abut another wall. ( e) The ACC shall be acting reasonably if it disapproves the Drawings for a residence because such residence would be similar in appearance to other residences in close proximity. (t) The ACC shall be acting reasonably if it requires that, on Lots with significant grades as determined by the ACC, portions of basement walls be exposed to allow for a more natural transition between residences. Any such exposed basement or foundation walls shall be covered with suitable material consistent with the overall architecture of the residence. 11 Doc # 1626964 (g) No soil shall be removed from any Lot nor excess soil stored on any Lot (except for prompt use for backfilling, finish grading or landscaping) unless in either case contemp lated by the approved Drawings. Even if so approved, the final grades (sometimes called a "finish grade") of a Lot must conform to grading plans approved by the Village. If during construction, the Owner reasonably believes that excess fill or topsoil will be available from the construction site, the Owner shall notify Declarant and Declarant may, within five (5) days of receipt of such notice, notify the Owner that Declarant intends to use some or all of such excess. If Declarant elects to do so, Owner shat I at its cost transport the excess to a place in the Subdivision designated by Declarant. IfDeclarant does not timely give notice, Declarant shall have waived the right to use such excess. If additional excess soil is generated, the Owner shall give an additional notice. (h) Above-ground pools and in-ground pools may be installed on a Lot only with approval of the ACC, which will be acting reasonably if it does not approve an in ground pool which is not completely enclosed by a secure wall or fence of a minimum of 4 foot elevation, with a self-closing or self-latching gate or door (at the top of such gate or door). There must be an unobstructed area ofat least4 feet between the fence and the pool. (i) Each Owner is required to install and energize before occupancy, and thereafter to maintain, a front yard light post and lantern with an address plate (in accordance with the Village ordinances) in a style and from a manufacturer approved by the ACC from time to time. The initial post and lantern will be purchased from Declarant. The light post and lantern must be (I) located at least 6 feet and no more than IO feet from the front lot line; and (2) adjacent to the driveway. Prior to occupancy of a residence on a Lot, the Owner shall demonstrate to the ACC that such light post and lantern is connected to electrical service (paid for by such Owner). No owner shall tamper with such lantern controls . (j) Each Owner is required to install and maintain a mailbox and mailbox support post as selected by the ACC in locations as determined by the U.S. Postal Service. The ACC may designate one or more styles of mailboxes to be used, guided by an effort to keep mailboxes and posts as uniform as practicable. (k) In making determinations under subsections (i) and U), the ACC will give priority to the goal of achieving uniformity of aesthetics, but without abrogating its right to grant variances or to change its aesthetic scheme from time to time. (1) Each Owner shall maintain its light post and lantern and mailbox and mailbox post in good condition and working order, and shall cause electrical service to be continued to such lantern. Without limiting the authority of the Association generally, the costs of enforcing the covenants in subsect ions (i) and U) may be assessed to an offending Owner as a specia l assessment on such Lot under Article 3. (m) IfDeclarant, in its discretion, installs any light post, lantern, mailbox or mailbox post, or performs or pays for any other matter required herein on behalf of any Owner, it shall not be deemed a waiver of any of the requirements herein as to any other Lot or Owner and shall not obligate Declarant to perform the same action on any other Lot, for any other Owner , or on any subsequent occasion . (n) All utilities shall be installed underground. ( o) No exterior active solar collectors shall be erected, installed or used unless presented in the Drawings and approved by the ACC. (p) No fences shall be permitted in the front yard setback area except for decorative wood or stone type fences in the areas of the corner of each Lot. No wire mesh fencing is allowed except in connection with a dog kennel or run if approved by the ACC. Fences are allowed to be installed in a portion of the rear yard of a lot with ACC approval subject to the following requirements. 12 6.6 Fence type: Ornamental extruded aluminum , wrought iron Fence color: Black, dark bronze, white Fence height: minimum 48" tall; maximum 60" tall Doc # 1626964 Fence location: The fenced area can no more than 50% of the rear yard . The fenced area cannot be within 25 feet of a property line. Grading and Landscaping. (a) Declarant has established a master surface drainage plan (the "Master Grading Plan") designating the manner in which each Lot shall drain in relation to all other Lots. Compliance ofall grading and construction work to the Master Grading Plan is important to the effective drainage of all Lots, and affects the value of all Lots. A copy of the Master Grading Plan is on file in the office of the Declarant (or, after the period of Declarant control, in the office of the ACC) and in the office of the Village Engineer. When the ACC reviews any Drawings, it shall consider whether the proposed improvements affect the Master Grading Plan and may reject any Drawings on that basis. Within 60 days after substantial completion of a dwelling on any Lot, the Owner shall grade the Lot to conform to the Master Grading Plan. Each Owner will take such action as is reasonably necessary to maintain the grading and landscaping of the Owner 's Lot in accordance with the Master Grading Plan and shall refrain from taking actions which would cause the grading or landscaping to not conform to the Master Grading Plan. Declarant and the Association shall each have the right to enter upon any Lot at any time for the purpose of inspection , maintenance , correction of any drainage condition, and the Owner is responsible for the cost thereof. Despite Declarant 's efforts to prepare a Master Grading Plan which will achieve the effective and efficient drainage of storm water from and within the Subdivision, Declarant does not warrant or represent that the Master Grading Plan will achieve any particular effect. No Owner of any lot shall or will at any time alter the grade of any lot from that which is naturally occurring on that lot at the time the site development improvements have been completed by the Declarant unless and until the Owner shall first obtain the written approval of the Village Engineer for such grade alteration. In order to obtain this approval, it shat I first be necessary for the Owner, at the Owner's expense, to have prepared a grading plan which shows in detail the area to be re-graded, the existing and proposed topography, analyzes the effects on site drainage, states that the effects on site drainage will not be in violation of law as to alteration of natural drainage courses , and is a plan which does not unreasonably affect an adjacent property owner as regards drainage or their viewing ofunreasonable slope treatment. The Village Engineer 's approval , if granted, shall not relieve the Owner from the ultimate responsibility for the design, performance, and function of the grade alteration and/or drainage condition, and the Owner by requesting the alteration, and/or by altering the grade, thereby agrees to indemnify and hold harmless the Village and its agents, employees, and independent contractors regarding the same. The Declarant and/or the Village and/or their agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance , correction of any drainage condition , and the Owner is responsible for cost of the same. For any costs incurred by the Village, said costs shall be assessed as special charges pursuant to Wis. Stats. §66.0627. If such charges are not paid by any lot owner within the period fixed by the Village , such charges shall become a lien upon the Lot as provided in Wis. Stat. §66.0627, and shall be extended upon the tax rolls as a delinquent tax against the lot owner's lot as provided in Wis. Stats. §66.0627. (b) No existing live tree with a diameter of eight inches or more, at a height of four feet above the ground shall, without approval of the ACC, be cut down, destroyed, mutilated, moved or disfigured. All such existing trees shall be protected during construction and preserved by wells or islands and proper grading in such manner as shown in approved Drawings. Within I year after the first occupancy of a dwelling on a Lot, the Owner of the Lot will plant at least 3 trees which have a minimum 2.5 inch diameter when measured 4 feet above the root system (including those trees planted prior to or during construction). At least 2 of these trees shall be planted in the front yard. (c) Each Lot shall be landscaped and seeded or sodded within I year after substantial completion of a dwelling on the Lot. Landscaping shall include the area between the front Lot line and the 13 Doc # 1626964 edge of the street pavement. Landscaping must include a drive which shall be hard surfaced material. No pennanent gravel drive will be pennitted. The hard surface of concrete, asphalt or similar material shall be installed within 2 years from the date the dwelling is substantially completed. Owners are cautioned that the Village may require a pennit to construct such a driveway and approach. 6.7 Construction Matters . (a) No building or construction materials shall be stored on any Lot outside of Buildings on the Lot, except during periods of actual construction or remodeling, and then only for so long as reasonably necessary and only if kept in a neat manner. Neither Declarant nor the Association is responsible for the security of materials stored on a Lot. (b) During grading, the Owner of the Lot is solely responsible for compliance with all erosion control requirements . (c) Each Owner shall include the following provisions in all construction contracts for improvements to the Owner's Lot: I. The roadway abutting the Lot shall be cleaned each day of mud and debris during the period of construction. 2. There shall be no loud music at the construction site during the period of construction. 3. A dumpster for debris shall be provided at the building site for the period of construction. 4. All debris will be disposed off site in accordance with applicable laws. 5. There shall be no more than one sign on any Lot during the period of construction, which sign shall not exceed six square feet. 6. No sign of the contractor shall be placed at the entry way to the Property. 7. The Owner shall comply with the soil and erosion plan control ordinance of the Village and Washington County . ARTICLE 7. SPECIAL FEATURES 7. I Trails. The Association may establish and maintain trails over portions of the Common Areas, with the exact location of such trails on such property to be determined by the Association ("Walking Trails"). The Walking Trails are intended to be marked and available for use by Owners and Occupants of the Lots for pedestrian purposes. The Declarant and the Association can give no assurance that the Walking Trails will not be used by unauthorized persons or for unauthorized purposes . The Owners and Occupants of any of the Lots affected by the Walking Trails, by acceptance of a deed thereto, waive and release Declarant and the Association from any and all liability or responsibility for personal injury or property damage which may occur as a result of the establishment, maintenance or use of the Walking Trails. The Walking Trails shall be property intended for "recreational" use as defined in Wis. Stats. 895.52. 7 .2 Detention Areas. The Common Areas and drainage easements include one or more surface water detention areas. These areas will be maintained by the Association solely for drainage and stonnwater detention or retention purposes and not for recreationa l purposes. The Association has no duty to ensure the safety of persons using the detention areas, or to warn of dangers concerning them. The detention areas are being created in connection with the development of the Subdivision, are not intended to be available for recreational use or to be connected to public waters of the State of Wisconsin , and are intended to be private and remain private. The Association may take such actions as the Board detennines reasonable in order to preserve the private status of such areas . Owners and Occupants use the detention areas solely at their own risk. Owners and Occupants are not permitted to use the Common Areas to launch any watercraft into the detention areas or in connection with swimming in the detention areas. Neither the Declarant nor the Association is responsible for the safety of any detention area for use by humans or pets, and neither represents nor warrants that any detention area is safe for any such use. 14 Doc #1626964 ARTICLE 8. INSURANCE 8.1 Association Insurance. The Association shall obtain and maintain comprehensive general public liability insurance for occurrences on the Common Areas (including areas which are included in such definition by virtue of easements granted herein) and with respect to Common Improvements not in the Common Areas, all~risk casualty insurance coverage on all Common Improvements, and such other policies and/or coverages as the Board deems necessary or advisable. 8.2 Coverage of Association Insurance. The casualty insurance coverage shall be in an amount equal to the maximum insurable replacement value, with an "agreed amount" and a "replacement cost" endorsement, without deduction or allowance for depreciation. This coverage amount shall be annually reviewed and shall insure against loss or damage by fire and other hazards as commonly covered by a standard extended coverage endorsement and such other hazards as customarily covered with respect to buildings similar in construction, location and use. Commercial general liability coverage shall be in such amounts as the Board determines annually, but not less than $1,000,000 per occurrence. 8.3 Proceeds. Association Insurance proceeds for casualty loss shall be for the benefit of the Association in order to finance construction of damaged Common Areas or Common Improvements . Liability coverage and other insurance proceeds shall be applied as the Association directs. 8.4 Cost. All premiums for Association Insurance and other insurance obtained by the Association shall be a common expense. 8. 5 Waiver. The Association and, by acceptance of a conveyance to a Lot or Outlot or the use thereof, or any portion thereof or interest therein, each Owner or Occupant acting both for themselves and for their respective insurers, waive any claim it or they may have against the other for any loss insured under any policy obtained by either to the extent of insurance proceeds actually received, however the loss is caused, including such losses as may be due to the negligence of the other party, its agents or employees. All policies of insurance shall contain a provision that they are not invalidated by the foregoing waiver, but such waiver shall cease to be effective if the existence thereof precludes the Association from obtaining any policy of insurance at a reasonable and customary rate. 8.6 Acts Affecting Insurance. No Owner or Occupant shall commit or permit any violation of covenants or agreements contained in any of the Association Insurance, or do or permit anything to be done, or keep or permit anything to be kept, or permit any condition to exist, which might (a) result in termination of any such policies, (b) adversely affect the right ofrecovery thereunder, (c) result in reputable insurance companies refusing to provide such insurance, or (d) result in an increase in the insurance rate or premium over the premium which would have been charged in the absence of such violation or condition, unless, in the case of such increase, the Owner or Occupant responsible for such increase shall pay the same. If the rate of premium payable with respect to the Association Insurance shall be increased by reason of, (1) the size, design or composition of a Buildi_ng, (2) anything done or kept in a property subject to this Declaration, or (3) the failure of an Owner or Occupant to comply with Association Insurance requirements, or ( 4) the failure of any such Owner or Occupant to comply with this Declaration or the Bylaws, then the particular Owner or Occupant shall reimburse the Associations for the resulting additional premiums. The Association reimbursement right is without prejudice to any other Association remedy and may be enforced by special assessment against the particular property involved. 8. 7 Exclusions From Coverage. Association Insurance coverage shall exclude (a) coverage on any residence or personal property located within or pertaining to the exclusive use ofan Owner except to the extent included as a standard coverage in the policy of Association Insurance; and (b) liability coverage on an Owner or Occupant, its guests, invitee, employees or tenants, arising out of any occurrences within a Lot and/or relating in any way to an Owner's or Occupant's personal property. It is the sole responsibility of each Owner or Occupant to obtain such insurance coverages as are excluded from Association Insurance. 15 Doc # 1626964 ARTICLE 9. AMENDMENT OF DECLARATION 9.1 General. Except as otherwise provided herein, this Declaration may be amended only by the written consent of at least two-thirds (2/3) or more of the total votes of the Association Members then entitled to vote. Regardless of the manner of adoption, no amendment shall adversely affect a special right or easement reserved to Declarant under this Declaration , or the rights of Mortgagees under Article 10, or the rights of the Village under Article 15, without the express written consent of Declarant , or 51 % of the Mortgagees, or the Village, as the case may be. 9.2 Procedures. Amendments shall be prepared and executed by the president of the Association and shall become effective when recorded in the Register's Office . No action to challenge the validity of an amendment shall be commenced more than one ( 1) year after the amendment is recorded. ARTICLE 10. RIGHTS OF MORTGAGE HOLDERS l 0.1 Notice. Any Mortgage holder, insurer or guarantor of a Mortgage on a Lot who submits a written request to the Association, identifying the name and address of such holder, insurer or guarantor and the property involved , will be entitled to timely written notice of: (a) Any thirty (30) day delinquency in the payment of assessments owed by the Owner of the property on which it holds a Mortgage or any breach of the provisions of any of The Oaks at Schmitt Farms Documents which is not cured by such Owner within thirty (30) days of such Owner's receipt ofnotice of such breach; (b) A lapse, cancellation or material modification of any Association Insurance; and ( c) Any proposed action that requires the consent of a Mortgage holder as specified in Article 9. 10.2 Mortgagee Acquisition of Lot. A Mortgagee acquiring title to a Lot pursuant to remedies provided in its Mortgage or by a deed in lieu of foreclosure following an Owner's default under the Mortgage shall not be liable for such property's unpaid assessments under this Declaration accruing prior to the Mortgagee's acquisition of title to such property (except to the extent unpaid assessments are included in subsequent budgets generally). ARTICLE 11. RIGHTS OF DECLARANT 11.1 Reserved Rights. Pending the conveyance of all Lots by Declarant to purchasers for the construction of a residence on such Lot, Declarant: (a) may use the Outlots, and any unsold Lots in any manner as may facilitate the sale of Lots including, but not limited to, maintaining a sales and/or rental office or offices, models and signs and/or showing the Lots. Declarant may from time to time also delegate such rights ( on a non-exclusive basis and subject to such conditions as Declarant may impose) to persons desiring to construct Buildings on particular Lots as model homes . In delegating such rights to other persons, Declarant's delegees shall not have the right, without Declarant's express written consent, to locate a general office operation in any such model home, although use of a model home to facilitate sales of Lots or sales of Buildings on Lots may be permitted for a period not to exceed 24 months from the date of issuance of the certificate of occupancy therefor; provided, however , that (I) once a model home is used as a residence for an Occupant, it may not thereafter be used as a "model home"; and (2) construction materials shall not be delivered to or stored at a model home, except for construction of such model home. (b) shall have the right to (I) grant easements upon, over, through and across the Lots (limited to the IO feet area adjacent to each Lot line), which rights shall expire one year after conveyance of a Lot by Declarant), and the Outlots as may be required in Declarant's opinion for furnishing any kind ofutility services, and maintenance and replacement thereof, or for drainage or other public purposes including, but 16 Doc # 1626964 not limited to, cable television or master antenna service, which easemen ts may be granted to itself or its nominee and as may be necessary for excavation and construction of any Buildings and (2) grant easements upon, over, through or across the Common Areas for ingress and egress and maintenance and replacement thereof, to and from, and within, the Property and other real property adjacent to it. (c) shall have the right to veto any proposed amendment to this Declaration for any reason or no reason, in which case it shall not be deemed approved or effective. 11.2 Right to Expand. Declarant reserves the right to expand the Property , without the consent or approval of any Owner, at any time and from time to time on or prior to the expiration of 15 years from the date of recording this Declaration, by subjecting to this Declaration all or any portion of the portion of the Property which has not yet been the subject of a Plat. Expansion may be effected in any number of Phases. Declarant is under no obligation to and makes no representation that it will in fact exercise its rights to expand the property or construct improvements thereon; parts or all of the Property which has not been subjected to a Plat may be withdrawn from the Property at any time by recording in the Register's Office a notice to that effect and then deve loped for uses other than as part of the Property . Portions of the Property are presently not owned by the Declarant , and are included herein only in the event that Declarant acquires an interest therein . 11.3 Uses ofUnplatted Portions of the Property. The unplatted portions of the Property may be used for any other purposes for which any other part of the Property is used hereunder, provided that at the time of each expansion Declarant may impose additional conditions and limitations on such future phases. 11.4 Effect of Expansion. Upon each such expansion (1) each Owner ofa Lot in the Plat so added shall be a member of the Association entitled to a vote, (2) each new Lot created shall be entitled to one vote per Lot, (3) the ownership of the Common Areas shall be automatica lly deemed shared with all such new Lots so that the percentages in Section 2.6 are adjusted to be I divided by the number of Lots then in the Subdivision, and ( 4) any portions of the Property so designated shall be Common Areas subject to ownership as described in Section 2.6 . The assessments for each such new Lot during the budget year in which the same is added to the Property shall be determined on an equitab le basis by the Board. For purposes of Sections 2.3, 6.1 (a), 9.1, and 14.1, the number of Lots and votes shall be deemed to be 53 until Declarant's right to expand as above expires or is voluntarily terminated, and Declarant shall be deemed to own all such Lots except those actually conveyed ofrecord to third parties in individual transactions. Subject to the foregoing, the percentage of votes required under each such Section shall be adjusted to account for each new expansion. 11.5 Method of Expansion. Expansion shall occur upon recording in the Register's Office an amendment to this Declaration describing the portion of the Property so affected, and the uses and limitations on uses Declarant desire to be applicable to such property and explaining the effect of such expansion in accordance with the terms of this Article. Amendments to accomplish an expansion need be signed only by the Declarant. 11.6 Matters Related to Expansion. (a) Declarant reserves an easement over and across the Outlots and any Lots which have not yet been conveyed to third parties for the benefit of the unplatted portions of the Property for the purposes of construction ingress and egress and for the purpose of installation, maintenance and replacement of underground utilities servicing the unplatted portions of the Property. (b) If Declarant determines at any time that it is desirable to coordinate utility services or drainage for the unplatted portions of the Property with existing utility services or drainage for the Subdivision, Declarant may connect utilities or drainage features servicing the unplatted portions of the Property to existing utilities or drainage features even if the unplatted portions of the Property are not then or thereafter made a part of the Subdivision. 17 Doc #1626964 ARTICLE 12. REMEDIES 12.1 General Remedies. If any Owner or Occupant fails to comply with this Declaration , the Bylaws, or the Rules, such Owner or Occupant shall be liable for damages, subject to injunctive relief(including an order requiring the removal at the Owner's expense of Buildings constructed without ACC approval, subject to any other remedy provided by the Bylaws, or all of the above, as a result of such noncompliance. The Association or, in a proper case, an aggrieved Owner, may bring an action because of such noncompliance. 12.2 Owner or Occupant Violation; Association Right to Cure. In addition to any other remedies provided herein, if any Owner or Occupant fails to comply with this Declaration, the Bylaws or the Rules, which failure continues for a period of fifteen (15) days following written notice from the Association, the Association shall have the right, but not the obligation, to perform or cause to be performed such maintenanc e, replacement, restoration or other action as the Association deems necessary or appropriate, and if an action or other proceeding is commenced in connection therewith , using the fund established in Section 3.7. Expenses incurred therefor by the Association shall be assessed against the Owner or Occupant and shall be subject to all rights and remedies reserved under this Declaration with respect to collection, expense, late payment penalties or interest , filing ofa lien and/or foreclosure as reserved at Article 3 of this Declaration. Once the Association has taken such an action , it shall not be obligated to take any other or further action with respect to the same, similar or subsequent failure by the same or a different Owner or Occupant. 12.3 Sections Enforceable by Village . The restrictions imposed upon the Property, and the obligations of the Declarant, Association and Owners contained in sections 4.2, 5.1, 6.7, 13.2, and 13.3 all benefit the Village and are enforceable by the Village as specified in this Article . 12.4 Enforcement by the Village. If an obligation or restriction contained in any of the sections listed in Section 12.3 is not performed or fully complied with by the Association or any one or more of the Owners (in each case , a "Breach"), Village may, but is not required to, seek the following enforcement in the following manner: (a) Notice and Hearing. Village shall first provide written notice of the specific Breach to the entity which failed to perform said obligation or who owns the portion of the Property where the restriction or provision or obligation is not being complied with or fully performed (as the case may be), with copy to the Association if the Association is not the offending party, and in any case, the Village Board shall provide for a hearing regarding the alleged Breach at which all Owners and Occupants may attend and speak. (b) Remedy. If, within thirty (30) days after the hearing provided above, the Village determines that a Breach existed and that such Breach has not been remedied, and if the Association has not taken steps satisfactory to the Village to remedy a Breach, the Village shall be entitled to seek any one or more of the following remedies: (I) Injunction. An injunction compelling the person committing such Breach to remedy it. (2) Money Judgment. A money judgment against the person committing such Breach for all monies owed to Village as a result of the Breach including all legal and professional consulting fees and costs of litigation incurred by Village in obtaining an injunction or money judgment or both. (3) Performance of Work. The Village may cause any work to be performed on the Common Areas in order to remedy any Breach. The performance of any such work shall not cause the Common Areas to be dedicated to the public, nor shall it constitute the assumption by the Village of any duty to perform any other or further work in the Common Areas. (4) Special Assessment or Special Charge. Ifone or more Owners commit or allow a Breach, the Village may levy either a special assessment or special charge against the property owned by the Owner who has committed or allowed the Breach in an amount equal to all damages , 18 Doc # 1626964 costs and expenses incurred by the Village (including all attorney fees and other professional consulting expenses) as a result of such Breach. If the Association commits or allows a Breach, the Village may levy either a special assessment or special charge against the property owned by each of the Owners in an amount equal to such Owner's share, based on the fraction set forth in Section 2.6(a), of all damages, costs and expenses incurred by the Village (including all attorney fees and other professiona l consulting expenses) as a result of such Breach. Each Owner , on his or her own behalf and on behalf of any successors in interest, hereby accept the levy of such special assessment or special charge pursuant to this subsection and hereby irrevocably waive rights of notice and hearing pursuant to Wis. Stats. §66.0703 or any amendment thereto. ARTICLE 13. EASEMENTS 13.1 Right of Entry. A right of entry to each Lot, Common Area or Outlot is reserved to the Association to service utility installations located on, in or under such Lot, Common Area or Outlot provided request for entry is made in advance and such entry is limited in scope so as to extend only as is reasonably necessary to service such utility installations. In case of emergency, entry by the Association onto any such Lot, Common Area or Outlot may be made immediately , whether the Owner or Occupant of such Lot, Common Area or Outlot is or is not present and without liability of the Association or its agents if such entry is necessary for the safety or welfare of persons or property . Any damage or loss caused as a result of such emergency entry shall be the sole expense of the Owner or Occupant if, in the reasonable judgment of those authorizing the entry, such entry was for emergency purposes. 13.2 Common Area Easements. The Association may grant easements over and through the Common Areas for such purposes as the Board deems reasonable for the benefit of the Owners . The easements granted to the Owners may include but are not limited to the placement of mound systems in the Common Areas to service individual Lots as approved by the Assoc iation in accordance with Section 2.5 above. 13.3 Drainage. An easeme nt is reserved to Declarant, the Association and the Village over Lots and Outlots for the installation of drainage tile, swales, streams or other storm sewer and drainage system elements as shown on the Plat or in any master plan approved by the Village. ARTICLE 14. TERMINATION 14.1 Termination. This Declaration shall be in effect for a period of 40 years and automatically renewed for successive periods of IO years each, unless terminated at the end of the original or any extended term by: (I) Declarant (if during the period of Declarant control of the Association), or (2) the written consent of the owners of at least 90% of the aggregate Lots provided that no vote shall effect an amendment to or termination of any provision hereof conferring on or reserving a specia l right or easement to Declarant without the express written consent of Declarant, as appropriate . Voluntary termination of this Declaration must be express and shall be effective upon recording a written instrument to such effect in the Register's Office. ARTICLE 15. CONSTRUCTION AND EFFECT 15.1 Number and Gender. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural , the plural shall include the singular, and the use of any gender shall include all genders. 15.2 Including. Whenever used herein, the term "including" preceding a list of one or more items shall indicate that the list contains examp les ofa general principle and is not intended as an exhaustive listing. 15.3 Captions. The captions and article and section headings in this Declaration are intended for convenience and reference only and in no way define or limit the scope or intent of the various provisions hereof. 15.4 Severability . If any portion of this Declaration or its application to any person or circumstance is held to be invalid or unenforceable , the remainder of this Declaration, or the application of such provision, or any part thereof, to persons or circumstances other than those to which it is held invalid or 19 Doc # 1626964 unenforceable, shall not be affected thereby. The remainder of this Declaration shall be valid, and enforced, to the fullest extent pennitted by law. 15.5 Remedies. All remedies herein are cumulative. 15.6 Waivers. Whenever a waiver, consent or approval is required or pennitted herein, it must be expressed and in writing; no waiver, consent or approva l shall be implied. A waiver, consent or approval to any one matter shall not be deemed a waiver, conse nt or approval to any subsequent matter whether similar or not. I 5.7 Assignment ofDeclarant's Rights. Declarant may from time to time assign any or all of the rights and benefits conferred on or reserved herein for Declarant in its status as such (as opposed to those rights or benefits conferred on or reserved for all Owners or groups thereof), by an instrument in writing specifically identifying the rights and benefits so assigned which is recorded in the Register's Office. 15.8 Other Regulation. Nothing herein shall preclude or restrict Declarant recording other covenants, conditions or restrictions which further regulate portions of the Subdivision which Declarant owns at the time of recordation. 15.9 Comp liance with Applicable Laws. The Declarant, its successors and assigns, and all parties hereafter having an interest in the property, are subject to all rules, codes, regulations, and ordinances of the Village, Washington County, the State of Wisconsin and the federal government, and the same may be more restrictive than the provisions, covenants, conditions and restrictions contained in this Declaration. In the event there is a conflict between the requirements of Declaration and any provision of the Village, County, State or federal law or regulation, the more restrictive provisions shall apply. 15.10 No Fees or Assessments in Event ofTax Forfeiture. The Village shall not be liable for any fees or spec ial assessment in the event that Village becomes the owner of one or more lots in the Subdivision by reason of tax delinquency. Executed on January 8, 2026 W. Fields, LLC By: Jerome A. Bence, Jr. Irrevocable Trust Agreement II, Member By: :==:;:? 1,A, -Theresa M. Weitermann, Trustee ST A TE OF WISCONSIN ) ) ss. COUNTY OF WASHING TON ) Personally came before me this January 8, 2026, the above named Theresa M. Weitennann, Trustee of the Jerome A. Bence Jr. Irrevocable Trust under Trust Agreement No. II dated January 2, 1998, member of W. Fields, LLC, by its authority, and to me known to be the person who executed the foregoing instrument and acknowledged the same. Cythia Schmitt Notary Pub lic, State of Wisconsin My Commission Expires: April I 0, 2029 20 Doc # 1626964 Exhibit A The Property consists of all of the following described land. Following the description of the Property, there is a description of a portion of the Property which is the first such portion subject to a Plat, and therefore the first such portion to which this Declaration applies. The "complete" Property consists of the following: A parcel of land located in the SE ! /4 <Jld the SW 1 /4 of Section 20, Townsh~ 9 North, Range 19 East, 1/iUage of Richfield. Washington County, Wisconsin. 801Jnded and d~cri>ed as foOows: Cornr,,encir,g at the Southwest comer of said Section 20-9-19; thence N 01'46'.«i" W -- 40.00 feet along the west line of the SW¼ said line also being the centerline of Plat Road; thence N 86·19'43• E -- 40.00 feet; thence N 01'46'46" W - 291.70 feet along ttie easterly right of vray of Plat Rood; thence N 88'02'14" E -- 402.10 feet; thence N 0r«i'«i" W - 650.00 feet; thence S ss·o2•14· W -- 40.68 feet; thence N 01'01'.«i" W -- 681.96 feet; thence S 85'27'46" E - 798.40 feet; thence N 04'34'16" W -- 737.07; thence N 88'26'39' E -- 1494.79 feet to the point of beginning of lands to be described; thence N 01'45'16" W -- 3.31.12 feet to the Center of said section 20-9-19; thence N 88'48'06~ E -- 952.96 feet; thence S 01'26'33" E -- 150.00 feet; thence N 88'33°27" E -- 66.00 feet; thence sOtJthwesterly 145.37 feet along a cl.I've (radius = 166,00 teet, chord length = 140. 77 feet. chord clrection = S 2J'38'44" W-. I< = 5010°27"); thence S 48'43°57° W -- 117.54 feet; thence southwesterly 35.78 feet along a curve (radius = 166.00 feel, chord length = 35.71 feet. chord direction = S 54·54'26• W, I<"' 12·20'59"); thence S 28'55°06· E -- 261.01 feet; thence N 8116'34" E -- 374.82 feet; thence S 01'42'17" E -- 2054.80 feet along the east line of the west JS of the SE ¼; thence S 89'04'56" W -- 562. 92 feet;thence N 05·.35'07• E -- 77.43 feet; thence northeasterly, 13100 teet along a curve (rocius = 233.00 feet. chord length = 131.20 feet, chord direction = N 21'56°18° E, 1<=59'36°03"); thence N 3817'29" E - - 114.50 feet: thence northerly, 139.39 feet along o curw (radius = lJ.4.00 teet, chord length = 133.18 feet, chord direction = N 08'29'09" E, 1<=59'36°03°); thence S 89'04'56" W -- 470.14 feet; thence N 01'45°16" W -- 228.62 feet; ttience S 8814°44" W -- 45166 feet: thence thence N 01'45°16° W -- 314.90 feet; thence S 8819'43" W -- 699.96 feet; thence N 01'40'17" W - 50.00 feet: thence N 42'57'34" W -- 223.96 teet; thence northeasterly, 444.95 feet along a curve (radius = 866.00 teet, chord length = 440.08 feet. chord direction = N 19·50·.39• E, 1<=29'26°20"); thence N 88'26°39" E -- 706.93 feet; thence N 01'33'21" W - - 253.00 feet; thence S 88'26'39" W -- 19.05 feet; thence N Or3J'21" W -- 388.00 feet; thence S B8'26'39" W -- 4.67 fed; thence N 01 '45'16" W -- 50.00 feet to the point of beginning. Said parcel contains 74.35 acres. 21 7d SUBJECT: DATE SUBMITTED: SUBMITTED BY: VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICATIO N FORM MEETING DATE: August 20, 2026 2027 Village Budget - Update August 13, 2026 Jim Healy, Village Administrator Another consideration to discuss during the budgeting process will center around a review of the user fees charged by the Richfie ld Fire Department. At cun-ent, the Village 's fees that are charged are lower than many of our counterpart s within the County. As Chief West has previously mention ed, the cost of our EMS runs to our organization equate to several thousand dollars and the gap between those costs and our reimbursement rates are an additiona l aspect of our revenues that will have to be analyzed. These issues, combined with wage increases , rising health insurance costs, limited Net New Construction , and the conclusion of the road referendum , will make the 2027 budget process particularly important. FISCAL IMPACT: Initial Project Costs: Future Ongoing Costs: Physical Impact (on people/space): Residual or Support /Overhead/Fringe Costs: ATTACHMENTS: STAFF RECOMMENDATION: NIA, discussion only. APPROVED FOR SUBMITTAL BY: ' VILLAGE CLERK USE ONLY BOARD ACT ION TAKEN Resolution No. ------- Continued To: ______ _ Ordinance No. _____ _ _ Referred To: ____ __ _ Approved ______ _ Denied ______ _ Other File No. ------- ------- VILLAGE OF RICHFIELD VILLAGE BOARD COMMUNICAT ION FORM MEETING DATE: August 20, 2026 SUBJECT: 2027 Village Budget - Update DATE SUBMITTED: August 13, 2026 SUBMITTED BY: Jim Healy, Village Administrator POLICY QUESTION: NIA ISSUE SUMMARY: Staff has begun preparations for the Village's 2027 operating budget. As part of this process, we are migrating the current fiscal year financial infonnation through the end of June into the proposed 2027 budget document and bringing over the 'Actual' totals from 2025. This will provide the Village Board and Staff with a more accurate comparison between actual 2026 expenditure s and revenue s and the proposed 2027 budget, allowing us to identify trends, anticipated changes, and areas requiring additional review before the budget is finalized. The Village's Net New Constrnction for 2027 is currently calculated at 0.627%, which will provide approximately $18,000 in additional levy capacity for the upcoming fiscal year. This represents a relatively modest increase in the Village's ability to grow the tax levy through new construction. Based on conversations with other municipal administrators, the current expectation among area communiti es is to budget for 3%-4% wage increases for employees in 2027. In addition, the Village has been advised that its health insurance premiums will increase approximately 4% next year. These personnel and benefit costs will place additiona l pressure on the operating budget and will need to be carefully considered as we develop the 2027 budget. The 2027 budget will also be significant from a capital planning perspective, as it represents the final year of the Village's Highway Improvement Program Referendum. The referendum provides an additional $750,000 to the Village levy specifically to support road construction and improvements. The Village recently received the Probable Engineer s Estimate for upcoming road projects, and Staff is currently working through those numbers to finalize the Capital Improvement Program for presentation to the CIP Subcommittee. We are also targeting the week of August 24 for the first CIP Subcommittee meeting, at which time we anticipate beginning our review of the Fire Department's capital assets and developing a plan for setting aside funds for future equipment replacement and other significant capital needs. Finally, the Village will continue to actively participate in discussions with Washington County regarding the potential creation of a countywide EMS levy. Municipalities throughout the County are facing increasing costs associated with providing emergency medical services, and a countywide funding mechanism could provide an additional source of revenue to help address those rising costs . The amount the Village has been proposed to receive has varied over the last four (4) months and has not been finalized due to discussions with the County Board, but it has the potential to allow additional flexibility that we otherwise would not have.