Long Caye Eco Guidelines.july.2000.the Environmental Review Board Manual 2000

8/7/2019 Long Caye Eco Guidelines.july.2000.the Environmental Review Board Manual 2000

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THE ENVIRONMENTAL REVIEW BOARDMANUAL

WITH

RULES, REGULATIONS, POLICIES, PROCEDURES AND CRITERIA

GOVERNING

THE LONG CAYE PRESERVE AT LIGHTHOUSE REEF, BELIZE, C.A

REVISED: JULY, 2000

THE ENVIRONMENTAL REVIEW BOARD MANUAL

I. INTRODUCTIONA. PurposeB. AuthorityC. Definitions

II. POLICIESA. MembershipB. Meetings

C. Construction RestrictionsD. Certificate of ComplianceE. Limitations of ResponsibilitiesF. Easement ReleasesG. Plan PreparationH. Parcel UseI. Review

J. FinesIII. PROCEDURES

A. Submission Package

B. Review FeesC. DeadlineD. Plan ReviewE. Revised PlansF. VariancesG. WithdrawalH. AppealI. Remedies
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J. Completion of Construction: Certification; Survey; InspectionIV. REVIEW CRITERIA

A. Utilities1. Energy Plans2. Water Supply and Collection

3. Waste4. Lighting Fixtures5. Approval

B. Site Plan1. Setbacks2. Grade Elevation3. Driveways4. Residence Graphics5. Fences & Walls6. Accessory Buildings and Structures7. Swimming Pools

8. Garbage and Trash Containers9. Utilities10. Drainage

C. SurveyD. Floor Plan and Elevations

1. Residence Size2. Elevations3. Roofs4. Garages

E. Exterior Colors, Materials and Screening1. Exterior Colors2. Exterior Materials3. Screen Enclosures4. Trimwork; Hurricane/Security Shutters

F. Landscape and Irrigation; Exterior Lighting1. Landscape Plans2. Irrigation3. Exterior Lighting

V. RULES AND REGULATIONSA. Accessory StructuresB. Maintenance; Exterior Colors

C. Satellite DishesD. Solar Heaters and PanelsE. New Construction, Alteration, Renovation, Demolition and Ground Preparation

of Dwelling and ParcelsVI. GENERAL INFORMATION

A. General AssessmentB. Effect of Non-PaymentC. Subordination to Lien Mortgages
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D. Exempt PropertyE. Indemnification of OfficersF. Remedies for violationG. NoticesH. Usage

I. Successors and AssignsI. INTRODUCTIONA. PurposeThe Environmental Review Board has been created to accomplish the highest standardof self-sustainability that can be reached for the environment and healthycontinuance of Long Caye. The goal is to create practices for sustainabledevelopment and dwellings that minimally affect the environment. The dwelling is tobe unobtrusive and site-adaptive in design. The purpose of the Environmental ReviewBoard (E.R.B.) is to "provide for a systematic and uniform review of all proposedconstruction of any type or nature whatsoever within Long Caye." By establishing andmaintaining design criteria regarding such proposed plans, the E.R.B. will ensure that

such plans are consistent with the quality and environmental standards established.These standards will maintain the pristine condition and value of Long Caye propertiesand make the community a harmonious and aesthetically pleasing preserve.B. AuthorityThe Board of Directors of Long Caye shall provide such rules and regulations as itdeems necessary and proper, setting forth guidelines and procedures to be followedby any Applicant seeking its approval.Under the rules and regulations provided in this Manual, the E.R.B. shall:1. Require an application, any appropriate plans and drawings, sample colors, andexterior materials.2. Charge review fees.

3. Approve or deny items submitted.4. Halt any construction process on site that is in violation.5. Distribute construction-related rules and regulations.6. Determine review policies, procedures and criteria.7. Revise/amend E.R.B. rules, regulations policies, procedures and criteria, subjectto approval of the Board of Directors.C. Definitions1. Applicant - the individual making the submittal to the E.R.B.; either the parcelowner or an agent for the parcel owner.2. Category of Review - one of the five organized areas of review criteria: SitePlan, Survey, Floor Plan and Elevations, Exterior Materials & Colors, Landscape. Allitems submitted must be organized accordingly and show compliance with all reviewcriteria for the Category submitted, as detailed in the chapter "Review Criteria" inorder to receive final approval.3. Final Approval - a decision by the E.R.B. that the item(s) reviewed have met allcriteria standards and requirements for that category of review. Final Approval ofboth the Site Plan Category and Floor Plan & Elevations Category indicate approval forconstruction commencement. No site work is allowed that pertains to a Category of


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Review without receipt of plans by Applicant with a Final Approval stamp and thedecision letter.4. Conditional Approval - a decision by the E.R.B. that the item(s) reviewed meet(s)all criteria with the exception of a few minor notations. The E.R.B. has determined,in its sole discretion, that the item(s) may be revised and resubmitted to the E.R.B.

Chairperson or other designated individual who may give Final Approval upondetermination of compliance with the required criteria. No work may commenceuntil receipt by Applicant of plans with a Final Approval stamp and the decisionletter. Failure to receive Final Approval within the time period allotted will result inan official decision of denial. Dwelling additions and re-habs may commence workprovided housekeeping items are corrected within the allotted time frame directed bythe E.R.B. Resubmission of these plans must be signed and sealed and a FinalApproval letter must be written by the office of the E.R.B.5. Denial - a decision by the E.R.B. that the item(s) reviewed are in conflict withE.R.B. criteria standards or insufficient in detailing the appropriate E.R.B. criteria.Resubmission of revised item(s) will require inclusion submission of a resubmission fee

as noted in this document.6. Table - a decision by the E.R.B. whereby the item(s) reviewed are not in conflictwith the criteria; however, additional information must be received either by theE.R.B. or applicant in addition to that otherwise required, due to unusual orexceptional circumstances.7. Decision Letter - the letter from the E.R.B. Chairperson or his or her designeethat details the E.R.B. decision regarding any items reviewed by either the E.R.B. orits designee.8. Height - that distance between the lowest finished first floor elevation and thehighest point of the roof.9. Lowest Finished First Floor Elevation - that elevation of the lowest, habitable

finished floor line.10. Hardship - any unusual and extraordinary circumstances beyond the control ofthe Applicant that causes a problem with either the construction or use of aresidence, as determined in the sole and absolute discretion of the E.R.B. Nohardship variance can modify any provisions of this document, without the approval ofthe E.R.B.11. Privacy Wall - a wall, of which the purpose is to provide privacy into a specificarea of a yard or residence.12. Dwelling - any structure erected for the support, enclosure, shelter, protectionor use for chattels, persons, animals and the like.13. Structure - refer to the definition of "dwelling."

14. Accessory Structure - any man-made item or element including, but not limitedto, sculptures, statuary, decorative art objects, urns, rock gardens, etc.15. Ground Preparation (including Demolition) - starting site preparation, removalor alteration of landscaping, beginning alterations to or demolition of existingdwellings or structures, new dwelling construction, or commencing any work on aparcel or site prior to E.R.B. approval thereof.

II. POLICIES


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A. MembershipThe Environmental Review Board shall be composed of two (2) members. Allmembers are appointed by the Board of Directors of Long Caye. All references in thisManual to members refers to voting members.B. Meetings

Meetings for the E.R.B. are held monthly, unless otherwise designated. The meetingsare chaired by the E.R.B. Chairperson, as appointed by the Board of Directors. Amajority of voting E.R.B. members constitutes a quorum for any E.R.B. meeting.Decisions are based on a simple majority vote of those voting members present. AnE.R.B. member may designate a proxy to act as a temporary member in his/her placeprovided that such designee is approved by the Board of Directors.C. Construction RestrictionsNo construction, demolition or alteration may be started in any manner or respect,including ground preparation, until Final Approval, stamped plans have been receivedby the Applicant for both the Site Plan Category and Floor Plan & ElevationsCategory. No other category of work may be commenced without Final Approval

being received by the Applicant, except for surveying and staking."Construction" includes demolition of an existing dwelling and ground preparation, asdefined herein and also includes the alteration of renovation of an existing dwellingwhere 50% or more of the floor area of the existing dwelling is to be altered,renovated or added. Reasonable extensions of time may be granted by the E.R.B. forgood cause on payment of additional fees as provided in E.R.B. regulations. Onfailure of the Parcel Owners to observe requirements as to commencement andcompletion of construction, the E.R.B. shall, in its discretion, impose fines against theParcel Owner as provided herein.D. Certificate of ComplianceUpon E.R.B. approval of any item(s), an Applicant may request certification from the

Board of Directors regarding compliance of such plans with E.R.B. criteria.E. Limitation of ResponsibilitiesThe E.R.B. reviews the items in a submission package for conformance with thecriteria as detailed in this Manual. The E.R.B. does not in any way assumeresponsibility for:1. The structural integrity, adequacy, safety, withdrawal.2. Soil erosion or otherwise unstable soil conditions.3. Compliance with applicable governmental or quasi-governmental laws,regulations, code ordinances or requirements.4. Performance or quality of work by any contractor or subcontractor.F. Easement Releases

Review/approval does not relieve Applicants of the responsibility to obtain requiredreleases for any construction in easements.G. Plan PreparationAll plans must be professionally prepared. All plans must be approved by appropriategovernment agencies.H. Parcel Use


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Only residential or private recreational uses are allowed for a parcel. A dwelling maybe constructed on more than one parcel only with the prior written consent of theE.R.B.I. ReviewThe E.R.B. may withhold approval, or refrain from taking any action of any items for a

parcel if there are existing E.R.B. violations associated with the parcel, or any otherparcels owned by the Applicant, or if any other items requested by the E.R.B.pertaining to the parcel, or other parcels owned by the Applicant are past due inreceipt.J. FinesIf the E.R.B. notifies an owner of a parcel of a violation thereon of any provision ofthe E.R.B. Rules and Regulations, and such violation is not corrected within thirty (30)days after notice, then the E.R.B. may impose a fine in an amount up to a maximumof five hundred dollars ($500.00), and said fine may be re-imposed every additionalsixty (60) days, or part thereof, that said violation remains uncorrected. The E.R.B.shall notify the Board of Directors of such fines, and the Board of Directors shall have

the authority to levy an Individual Assessment for such fines, including withoutlimitation, the filing and foreclosing of a lien against the parcel.back to topIII. PROCEDURESA. Submission PackageThe Submission Package should include a cover letter from the Applicant, anyappropriate fee and the item(s) for review. All packages are to be submitted induplicate form.

There are five (5) Categories of Review:1. Site Plan2. Survey3. Floor Plan & Elevations

4. Exterior Colors & Materials5. Landscape

The Floor Plan & Elevations submission for Final Approval must include the finaldrawings as intended to be submitted to the government of Belize.Each submission package must include a Review Application and be complete, (i.e. allcriteria pertinent to that Category of Review must be included or otherwisereferenced, in order to receive Final Approval). The criteria is detailed further in thisManual in the chapter on "Review Criteria." More than one category of review may besubmitted simultaneously with Floor Plan and Elevations.B. Review FeesThere is a two hundred dollar ($200.00 US) review fee that includes preliminary and

final review for all review category submissions. This must be included as part of theinitial submission package. Fee for revisions to previously approved plan is onehundred dollars ($100.00 US). There is an additional one hundred dollar ($100.00 US)fee charged to review any submission package that has been previously denied by theE.R.B. for reasons pertaining to lack of adherence to the review criteria for thatCategory of Review.C. Deadline
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Deadline for receipt of a submission package by the E.R.B. is 11:00 a.m. on the Fridayimmediately previous to the next scheduled meeting. Contact board by email fortime and dates for planned meetings.D. Plan ReviewThe E.R.B. reviews all submission packages within 30 days of submission unless

designated otherwise. The response may be mailed upon request. The responseconsists of one set of appropriately stamped items and the E.R.B. decision letter.Applicants are encouraged to submit items in a conceptual or preliminary state whenthere are questionable review items as such submission could avoid costlyresubmission and/or delays later in the review process.E. Revised PlansRevisions to any Final Approval item(s) must be submitted for approval according tothe above described procedures. Revision fee due on submission of revisions isspecified in IIIB above.F. VariancesUnder rare circumstances, a variance to those requirements established by the E.R.B.

may be granted to an Applicant. All variance requests must be made in writing. Anyvariance granted is to be considered unique and not precedent setting for futureE.R.B. decisions. A variance will be issued based on E.R.B. judgment of hardshipand/or community aesthetics and must be reasonable under the circumstances, andsubject to any applicable provisions herein.G. WithdrawalIn the event a submission is unqualified for E.R.B. review, the Applicant maywithdraw the submission and any review fee return upon request.H. AppealIn the event an appeal is desired of a Denial decision, under this document, anApplicant may request a re-review of submitted plans. The E.R.B. will make its

decision within thirty (30) days of its meeting. The decision will be final and binding.I. RemediesIn the event of commencement of construction or site improvement for itemspertaining to a Category of Review for which Final Approval has not been granted, theE.R.B. may, through the Board of Directors, seek any available legal remedy, whichmay include injunctive relief.J. Completion of Construction: Certification; Survey; InspectionThe building or improvement shall not be used or, it shall not be occupied until suchtime as (1) the E.R.B. receives notice of completion from the Owner or his or heragent certifying that all construction and improvements comply with plans andspecifications as previously approved by the E.R.B., prepared as required by E.R.B.

regulations, showing all construction and improvements in accordance with plans andspecifications previously approved by the E.R.B.; (2) the E.R.B. approved same forcompliance with plans and specifications as previously approved by the E.R.B.

IV. REVIEW CRITERIAA. Utilities1. Energy Plan


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a. Wind and Solar Power shall be the main sources of energy.b. The use of a gauge is encouraged to monitor available energy in the battery, andindicate when batteries are full.c. The use of a voltmeter is encouraged to allow property owners to adjust solarpanels to the optimum angle to the sun.

d. The use of an occupancy sensor is encouraged to minimize energy use when unitis not occupied.e. For ventilation and cooling, passive and neutral techniques should be used.2. Water Supply and Collectiona. Units should have cistern holding capacity which stores rain water collected.b. It is recommended that rain be collected off the roof and stored in a cistern(cisterns can be interconnected with over flows for alternate filling).3. Wastea. Composting Toilets - Human waste should be treated with a composting toilet.b. Compost from toilets should be used for local planting.c. Food Waste - Appropriate food waste should be disposed of in a composting bin.

d. Waste Water - Where applicable separate gray water (showers, sinks, etc.) fromblack water (toilet waste).e. Gray water should be filtered through stone filled with soil and then used for dripirrigation.f. Back-up Systems - Units should have backup support systems in case propertyowners run out of power or water.4. Lighting fixturesa. Lighthouse shall be low voltage.b. Lighting shall be low intensity and directed downward or reflected with cut offangles, or set back from the beach so not directly visible or disturbing to the wildlife.5. Approval - All Utility Plans must be submitted to E.R.B. for approval.

B. Site Plan1. Setbacksa. All setbacks shall be subject to and comply with documentation herein, and shallbe measured from the appropriate property line. Dimensions from the property linefor any structural elements (e.g. structures, screened enclosures, porches, walls,equipment, accessory structure, etc.) must be shown. The E.R.B. may modify, amendor waive setback requirements in accordance with this document.b. Minimum front yard setback for dwellings and screened enclosures is ten (10)feet.c. Minimum rear yard setback for buildings is ten (10) feet.d. Minimum rear yard setback for patios or decking is ten (10) feet.e. Minimum rear yard setback for buildings, patios, and screened enclosures is ten(10) feet.f. No equipment of any kind is permitted in front or rear yard building setbackareas.g. Minimum side yard setback for equipment, trash containers and other similarutilitarian devises is ten (10) feet. Such items must be landscaped from view.


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h. Minimum setbacks for non-privacy walls and landscape walls, as described herein,are ten (10) feet from the front property line, ten (10) feet from the side propertyline, and ten (10) feet from the rear property line unless otherwise approved by theE.R.B. The E.R.B. may increase these minimums as deemed suitable.1. Minimum setbacks for decorative items and accessory structures, as defined

herein, will be determined by the E.R.B. on an individual review basis.2. Grade Elevationsa. The site plan must show the minimum lowest, finished floor elevation, accordingto the definition in Article I.C.9. of this E.R.B. Manual.4. Residence Graphicsa. All parcel signage must be approved by the E.R.B.5. Fences and Wallsa. The design, materials, and height of any wall and/or fence must be shown, eitheron the site plan or by separate drawing.b. Privacy walls and fences, as defined in Article 1.C.11, must not exceed six (6)feet in height.

c. No wall or fence may obstruct the drainage or the flow of water.d. Any combination of landscaping and fence or wall elements may be approved bythe E.R.B. in its sole discretion, to create an effect similar to a wall or fence. Theappropriate E.R.B. provisions for wall and fences will apply in such instance.e. Chain link fences are prohibited.f. Setbacks for walls and fences are described herein.6. Accessory dwellings and Structuresa. Any accessory structure, as defined in Article I.C.14. of this E.R.B. Manual, mustbe detailed on the site plan and specifically approved by the E.R.B.b. Aerials, antennae and satellite dishes are acceptable as approved by E.R.B.regulations.

c. No accessory buildings of any kind is permitted.7. Swimming Poolsa. swimming pools are prohibited on Long Caye.8. Garbage and Trash Containers; Sanitary Structuresa. During the construction period of a residence, a construction container, or otherapproved containers are required on the site. Such containers and any sanitarystructures or toilets, are to be located so as to provide minimum visual off-siteexposure. Construction debris is to be removed frequently to avoid offense ornuisance to neighbors.b. The residential garbage container must concealed by a wall, fence or adequatelandscaping.9. Utilitiesa. All transformers and other utility service equipment are to be shielded byenclosures of wood, masonry or landscaping as approved by the E.R.B.C. Surverya. The scale of the drawing must be 1" = 30'.b. The E.R.B. reserves the right to request a survey of any questionable item duringconstruction of the residence.


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D. Floor Plan and Elevations1. Residence Sizea. A single story single parcel residence shall have a floor area that shall not exceed20% of the gross parcel square footage (i.e. parcel size is 60' X 80' = 4800 square feet,building shall not exceed 960 square feet.

b. Multiple parcel dwellings may be constructed using the same calculation asabove, however, multiple parcel square footage may be combined in the calculationof dwelling square footage.c. There shall be no two story dwellings constructed on Long Caye.d. All square footage measurements shall be exclusive of porches, covered walks,open and/or screened porches or patios. Square footage measurements will includethe exterior walls.e. Floor Plan drawings will use a 1/4" = 1' scale.2. Elevationsa. All dwellings are to be erected on stilt or post construction having a minimumheight of four (4) feet above existing grade.

b. The height of any structure is not to be more than twenty (20) feet in height.The appropriate terms for height calculation are defined in Article I.C.8. of this E.R.B.Manual. Chimney heights may exceed this limitation, but not in excess of four (4)additional feet.c. Elevation drawings will use a 1/4" = 1' scale.3. Roofs - Roofs should be designed to catch rain water with drainage to a cistern.Roof should be heat reflective with overhangs to protect dwellings from intense mid-day sun.a. The minimum roof slope is a 8:12 pitch. A lower slope, or even some flattenedroof area, may be allowed if, in the sole discretion of the E.R.B., such roof area isarchitecturally integrated into the overall roof design.

b. Rooftop solar collectors as approved by the E.R.B.; engineering drawings,including reference to ventilators may be used if the roof vents are low profile,blending into the roof materials.c. Plumbing and heating vents protruding from any roof area are to be painted so asto blend into the roofing color. Electrically powered ventilators may be used if theroof vents are low profile, blending into the roofing materials.d. Asphalt and gravel built up roofing on pitched surfaces and asphalt compositionshingles are prohibited.e. Roof plan must be a minimum 1/8" = 1' scale.4. Garagesa. Garages and carports are prohibited.

E. Exterior Colors, Materials and Screening1. Exterior Colorsa. Natural earth tone colors, if any, to be approved by the E.R.B., must be used forthe roof, exterior walls, shutters, doors, trim and window. The E.R.B. reserves theright to review any other item that may affect the exterior appearance.b. The E.R.B. will consider the aesthetic harmony of the color schedule with thesurrounding area.


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2. Exterior Materialsa. Imitation material for facades is prohibited.b. Native materials, (i.e. trees native to Belize) are encouraged.3. Screen Enclosuresa. Screen enclosures must be of a color that harmonizes with the natural scheme.

b. All screen roofs must be of a hip, gable, mansard type.c. Plans submitted for screen enclosures must include the following;

1. A complete site plan showing the screen enclosure.2. A complete roof plan of the dwelling showing the screen enclosure with the

configuration of the screen enclosure frame members in plan.3. All affected exterior elevations of the entire dwelling showing all the frame

members of the screen enclosure in place.F. Landscape and Irrigation1. Landscape materialsa. Landscape materials shall consist of salt-tolerant indigenous plants and shall besubmitted at the same time building plans are submitted to the E.R.B.

b. No trees will be cut or removed without approval of the E.R.B. When such a treeis removed, the owner will replace it with another tree acceptable to the E.R.B. onanother portion of the site, or the E.R.B., in its sole discretion, may approve non-replacement.c. Final Approval of all landscape material will include the reservation of the rightby the E.R.B. to inspect the plantings during the six (6) month period following thecompletion of the landscape installation.3. Exterior Lightinga. Outdoor lighting must be located so that it does not interfere with or become anuisance to other residents or wildlife (i.e. no lights during turtle nesting season).b. The light source of any exterior light must be shielded from public view.

c. The E.R.B. reserves the right to enforce lighting provisions from an aesthetics andenvironmental standpoint after the construction of the residence is completed.

V. RULES AND REGULATIONS

Parcel Owners, builders and contractors jointly and individually assume responsibilityfor observance of all applicable rules, regulations and requirements and provisionsherein.

A. Accessory StructuresB. Maintenance; Exterior ColorsC. Satellite DishesD. Solar Heaters and PanelsE. New Constructions, Alteration, Renovation, Demolition, and Ground

Preparation

A. Accessory Structures (Other than Dwelling)Must be located within property lines and within required setbacks. Must not belocated, constructed, painted or used in such manner as to create any off-site visual,


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audible or aesthetic nuisance or disturbance. The E.R.B. shall consider height(including base or foundation structure), size, number of objects in adjacent area,color, design, lighting (if any), material, subject and possible interference with rightsof other property owners to quiet enjoyment of their rights and properties. Must notcreate a safety hazard to occupants or off-site persons (e.g. neighbors). Landscaping

screening or restrictions on hours or manner of use, may be considered in reviewingproposed installation.B. Maintenance; Exterior Colors:Applicable to original or repainting of Accessory Structures, Roofs, Fences, Awnings,Screen Enclosures and any additional or appurtenances thereto. Repainting in originalnative colors permitted without application. Subject to review of neighboring parcelsand other residences within the island, variations and variances shall be considered orpermitted if in keeping with overall requirements of aesthetics for type of structure,location, community appearance, maintenance and resale values. Maintenance is theresponsibility of the Property Owner. All dwellings, accessory and related structuresshall be cleaned, and maintained as in original or subsequently approved condition so

as to maintain the harmony and aesthetic appearance of the community. Fines fornon-observance, shall be imposed at the discretion of the E.R.B.C. Satellite Dishes1. Regulations cover all exterior parts of Digital Satellite System, including satellitedish, base, mounting board, mounting brackets, wiring and all accessory and relatedequipment.2. Must not exceed 18" in diameter (satellite dish).3. Satellite dishes must be at ground level, must be screened from off-site view bywall, fence, shrubs, trees or other appropriate landscaping, any such screening to bemaintained so long as unit is installed.4. Each application for installation to be reviewed, at E.R.B. discretion, on

individual basis, considering site, color, manner of installation, location ofinstallation, possible visual or other nuisance, aesthetics, size and other factors.D. Solar Heaters and PanelsApplication to include scaled roof plan showing design, location and construction ofsolar panels, all elevations reflecting accessory equipment and supply and returnpipes. Solar panels of any type not to be visible from front of dwelling. Otherwise,permitted only on roofs with an orientation to the south or with 45 degree east orwest of due south at locations to be determined by the E.R.B. Glass panels for homewater heating to be same or similar to roof color and are to be inset in roof, withsupply and return pipes to be internal, within the structure.The E.R.B. may consider the appearance and aesthetic harmony of the installation but

shall not have responsibility for its materials, structural integrity, safety, suitabilityfor intended use or manner of installation.E. New Construction, Alteration, Renovation, Demolition and Ground Preparation ofDwellings and Parcels (herein termed "construction")1. Adjoining parcels shall be kept free of all construction material and refuse at alltimes during construction.2. Sanitary structures (e.g. portable toilets) and refuse containers are limited toone of each on a construction site; must be located on the construction site. Such


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lavatories and containers must be cleaned or emptied on a regular basis so as not toconstitute a visual nuisance or be the source of objectionable odors. Both lavatoriesand containers must be screened to provide minimum off-site view or exposure.3. Building materials, refuse or construction equipment shall not be discarded on orin any way permitted to remain on neighboring properties.

4. Damage to adjoining properties are responsibility of property owner andbuilder/contractor.5. In addition to penalties and liabilities provided by law, the E.R.B. may haltconstruction process on site until violation is corrected.

VI. GENERAL INFORMATION

A. General Assessments - General assessments shall be made as provided in herein,and shall be made annually for the purpose of maintenance and/or management ofthe Island. Maintenance and management expenses referred to herein as beingincluded within the scope of general assessments shall include, but not be limited to,

the cost and expense of operation, maintenance and management fees and/orsalaries; operating expenses of the preserve and the Board of Directors maintenance,repairs and replacements; expenses and liabilities incurred by the E.R.B. in and aboutthe enforcement of its rights and duties against Property Owners and others, and thecreation of reasonable contingencies for reserve requirements for the protection ofproperty owners for the management, maintenance and repair of said island. Allnotices of assessments from the E.R.B. to the property owners shall designate whenthey are due and payable. All general assessments shall be a uniform rate for eachparcel, and shall be assessed as follows:Each parcel owner will be assessed $250.00US/parcel annually.

B. Effect of Non-Payment of Assessments

1. The Lien, Personal Obligation, and the Remedies of the Board of Directors. If anyassessment shall become delinquent, it shall, together with interest thereon and thecost of collection thereof, become a continuing lien on the parcel against which suchassessment is made, which lien shall bind such parcel in the hands of Owner, his heirs,devisees, personal representatives and assigns, and shall also be the continuingpersonal obligation of Owner against whom the assessment is levied.

Payment of yearly assessment shall be due as follows: (1) Payment shall become dueat transfer of title for balance of the year ending December 31st on a pro rata basis.

(2) All subsequent yearly assessments of $250.00US/parcel annually shall become dueand payable each year thereafter, January 1st. Payments shall become delinquentwhen not paid within thirty (30) days after they become due. Payments not receivedwithin terms shall be deemed delinquent and shall be subject to a late fee equal to aone time late fee of ten percent (10%) of the unpaid assessment and shall bearinterest at the maximum amount allowed by law. The Board of Directors may, at anytime thereafter, bring an action to foreclose the lien against said property in likemanner as a foreclosure of a mortgage on real property and/or a suit on the personal


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obligation against the owner or owners. There shall be added to the amount of suchassessment the cost of preparing and filing a complaint in such action (includingreasonable attorney's fee) and, in the event a judgment is obtained such judgmentshall include interest on the assessment as above provided and reasonable attorney'sfees to be fixed by the Court, together with the cost of the action.

C. Subordination to Lien Mortgages - The lien of the assessments for which provisionis herein made, as well as in any other Section of this Document, shall be subordinateto the lien of any first mortgage to a bank, life insurance company, federal or statesavings and loan association, or real estate investment trust. Such subordination shallapply on to the assessments which have become due and payable prior to a sale ortransfer of such property pursuant to a decree of foreclosure and in any otherproceedings in lieu of foreclosure of such mortgage. No sale or transfer shall relieveany parcel, unit or parcel from liability from any assessment thereafter becomingdue, nor from the lien of any subsequent assessment. The written opinion of eitherOwner or the Board of Directors that the lien is subordinate to a mortgage shall be

dispositive of any question of subordination.

D. Exempt Property - The Board of Directors shall have the authority to exempt anyof the property subject to this Document from the assessment, charges and liencreated herein, provided that such part of the property exempted is used (and as longas it is used) for any part of the following purposes:(1) Any easement or other interest therein dedicated and accepted by the localpublic authority and devoted to public use.(2) Any of the property exempted from ad valorem taxation by the laws of theGovernment of Belize, to the extent agreed by the Board of Directors.Notwithstanding any provisions herein, no land or improvements devoted to dwelling

or related use shall be exempt from said assessments, charges of liens.

E. Indemnification of Officers, Directors and Members of the E.R.B - Every officer ofthe Board of Directors, director of the Board of Directors, and Member of the E.R.B.shall be indemnified by the Property Owners against all expenses and liability,including counsel fees, reasonable incurred by or imposed upon him in connectionwith any proceeding to which he may be a party or in which he may become involvedby reason of his being or having been an officer, director or member of the E.R.B.and/or Board of Directors, whether or not he is an officer, director, or member of theE.R.B. and Board of Directors at the time such expenses are incurred, except in suchcases wherein the officer, director, or member of the E.R.B. and Board of Directors is

adjudged guilty of willful misfeasance in the performance of his duties, provided that,in the event of any claim for reimbursement or indemnification hereunder based uponsettlement by the officer, director or member of the E.R.B. and Board of Directorsseeking such reimbursement or indemnification, the indemnification herein shallapply only if the Board of Directors approves such settlement and reimbursement asbeing in the best interest of the property owners. The foregoing right ofindemnification shall be in addition to and not exclusive of all other rights to which


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such officer, director or member of the E.R.B. and Board of Directors may beentitled.

F. Remedies for Violation - This Document shall run with and bind the property andshall insure to the benefit of and be enforceable by Owner, the Board of Directors or

E.R.B., their respective legal representatives, heirs, successors and assigns. Violationor breach of any condition herein contained shall give the E.R.B. and/or Board ofDirectors such right of action before any Court of competent jurisdiction, whether inlaw or in equity, to compel compliance with the terms of said conditions, within thisDocument, and to prevent the violation or breach of any of them, and the expense ofsuch litigation shall be borne by the then Owner or Owners of the property inviolation; providing such proceedings results in a finding that such Owner, or Owners,was in violation of this said Document. Expenses of litigation shall include reasonableattorney's fees incurred by Owner and/or the E.R.B. and/or Board of Directors inseeking such enforcement.

G. Notices - Any notice required to be delivered to any Owner under the provisionof this Document shall be deemed to have been properly delivered when mailed,postpaid, to the last known address of the person who appears as Owner on therecords of the E.R.B. at the time of such mailing.

H. Usage - Whenever used, the singular shall include the plural and the singular,and the use of any gender shall include all genders.

I. Successors and Assigns - The successors and assigns of Property Owner's ownership

interest in the real estate described herein, shall succeed to all of the rights and

duties of Owner herein set forth. In addition, Owner at any time or from time to time

may appoint any person, firm, or entity of its choosing to succeed to its rights and

duties herein, said appointment to be effective by filing written notice thereof in the

office of the Belize Government official responsible for recording changes in real

estate ownership; in the same manner Owner may revoke said appointment.

Documents

Long Caye Eco Guidelines.july.2000.the Environmental Review Board Manual 2000