Community Titles Community Plan No. DRAFT INDEX

Transcription

1 1 of 11 Community Titles Community Plan No. DRAFT INDEX 1. Interpretation 2 2. Important Notice 2 3. Description of Development 3 4. Identification of the Community Parcel, Lots and Common Property 3 5. Purpose for which the Lots and Common Property can be used 3 6. Obligation to Develop Community Lots 3 7. Developer's Authorisation 3 8. Developers Obligations to Improve or Develop the Common Property 3 9. Condition of Development Imposed Pursuant to the Development Act Developer's Undertakings Access Date and Times of Access Date of Completion Services Administration, Management and Control of Common Property Use and Enjoyment of the Common Property Use and Enjoyment of Community Lots Maintenance and Repair of Buildings Maintenance of Community Lot Disturbance Insurance by Community Corporation Building Insurance Public Liability Insurance Animals Storm Water Drain Statutory and Private Services Offence Community Corporation's Right to Recover Money Airport Land Interpretation 9

2 2 of 11 COMMUNITY TITLES ACT, 1996 BY-LAWS OF PRIMARY COMMUNITY SCHEME (The terms of these By-laws are binding on the Community Corporation, the owners and occupiers of the community lots comprising the scheme and persons entering the community parcel. These By-laws may only be amended or revoked by a resolution of the Community Corporation in accordance with Section 39 of the Community Titles Act.) 1. Interpretation In this Development Contract: "Act" means the Community Titles Act "By-Laws" means By-Laws filed with this Development Contract. "Common Property" means the Common Property defined in the Plan of Community Division. "Community Parcel" means the land situated at the corner of Airport and Boettcher Roads Goolwa in the State of South Australia being Lot.20. being portion of the land comprised in Certificate of Title Register Book Volume 5123 Folio 551. "Corporation" means the Community Corporation established when the Plan of Community Division is deposited by the Registrar General in the Lands Titles Registration Office. "Council" means the Alexandrina Council. "Developer" means Geoffrey David Eastwood of PO Box 445 Goolwa SA 5214 and any other owner of the Community Parcel prior to deposit of the Plan of Community Division and after the deposit of the Plan of Community Division. "Development Consent" means the development authorisation under the Development Act 1993 approved by the Council or other relevant planning authority as amended or modified from time to time. "Development Lot" means the Development Lot shown on the Plan of Community Division after Deposit of the Plan of Primary Community Division. "Plan of Community Division" means the community plan deposited with this Development Contract. "Scheme Description" means the Scheme Description filed with this Development Contract. 2. Important Notice 2.1. This Development Contract contains details of a community scheme which is proposed to be developed on the Community Parcel. Interested parties are advised that the obligations contained in this Development Contract may only be varied or terminated in accordance with the provisions of Sections 50, 69(8) or 70(8) of the Act This Contract should not be considered alone, but in conjunction with the results of searches and enquires made in respect of the community scheme concerned. Attention is drawn in particular to the Scheme Description and By-Laws which set out the management rules governing this community scheme and which provide details of the rights and obligations of lot owners under this community scheme and the manner in which the community scheme will be developed by the developer Further particulars about details of the scheme are available at:

3 3 of the Council, and the Development Assessment Commission 2.4. The terms of this Development Contract are binding on the Developer and any subsequent purchaser of the Community Parcel. In addition the Developer covenants with the owners and subsequent owners and each of them severally to develop the Community Parcel in accordance with the Development Consents obtained in accordance with and under the Development Act 1993 (and as amended). 3. Description of Development The property known as the corner of Airport and Boettcher Road Goolwa in the State of South Australia being Lot being portion of the land comprised in Certificate of Title Register Book Volume 5123 Folio 551. The land is to be developed into fifty eight Community Lots and Common Property. On the Common Property the Developer will or has caused the construction of driveways in accordance with the Development Consent and Scheme Description. 4. Identification of the Community Parcel, Lots and Common Property 4.1. The community parcel, the lots and the common property into which the parcel is to be divided are identified on Community Plan The community plan is a primary plan being a division into one community lot and common property The community plan has been developed to accommodate residential usage related to aircraft activity, serviced by roadways and power within the common property. 5. Purpose for which the Lots and Common Property can be used 5.1. The community lot may be used for rural living and for the facilities and infrastructure required to service rural living which may be associated with the use of aircraft The common property shall be used as a roadway to the community lots and for the accommodation of service infrastructure. 6. Obligation to Develop Community Lots 6.1. The developer will construct the ancillary services in accordance with the Planning Approval Conditions set out on the Decision Notification Form dated the by the Alexandrina Council as set out in attachment A Selected Community Lots will be supplied with a power connection by the developer as shown on the service infrastructure plan. - to be discussed. 7. Developer's Authorisation The obligations of the Developer under this Development Contract are expressly subject to such planning authorisation being obtained from the relevant planning authorities under and by virtue of the Development Act 1993 (and as amended) 8. Developers Obligations to Improve or Develop the Common Property 8.1. The developer will construct or has constructed an all weather sealed driveway on the common property and shall install the service infrastructure in accordance with the Planning Approval Conditions referred to in clause 4.1.

4 4 of The standard of the work to be performed and the materials to be used on the common property will be a fair average standard or such higher standard as the developer, in its absolute discretion, may determine. 9. Condition of Development Imposed Pursuant to the Development Act The further division of the community lots and construction of improvements and ancillary services is subject to conditions or requirements imposed by either the Alexandrina Council or the Development Assessment Commission. 10. Developer's Undertakings The Developer undertakes to the owners and occupiers from time to time of the Community Lots and to the Corporation that in carrying out the proposed development he will interfere as little as it is reasonably practicable with the use and enjoyment by the owners and occupiers of the Community Lots and the Common Property The Developer undertakes to the owners and occupiers from time to time of the Community Lots and the Corporation that he will pay the costs of repairing any damage caused by the Developer to a Community Lot or to the Common Property or to any building or other property on any Community Lot or the Common Property. 11. Access The Developer shall gain access to the Common Property to comply with it's obligations under this Development Contract from Airport and Boettcher Roads. 12. Date and Times of Access The Developer shall have access to the Common Property to comply with it's obligations between the hours of 6am until 8pm on any weekday or at such time and day as mutually agreed between the Developer and the Community Corporation upon the Developer giving the Community Corporation no less than three (3) days notice of its intention to undertake development outside of the above days and times. 13. Date of Completion The Developer undertakes to fulfil it's obligations no later than the 31st day of December Services Electricity Underground electricity wiring is to be provided and installed by the Developer so that selected Community Lots can be connected to electricity The electricity wiring is to be constructed underground within the Common Property to the lots Water and Common Effluent Drainage The Lot owner shall be responsible to dispose of effluent by installing an aerobic, soakage, or similar, system to the reasonable satisfaction of the relevant authority and The Lot owner shall be responsible to construct water storage on the Community Lot at the time of construction of any building which has the capacity of storing at least 330 litres of water per square metre of roof area in any year.

5 5 of Administration, Management and Control of Common Property The Community Corporation is responsible for the administration, management and control of the common property The Community Corporation may appoint a Management Committee which shall be responsible to the Corporation for the administration, management and control of the Common Property The Community Corporation may appoint a manager to carry out on behalf of the Corporation the function of administering, managing and controlling the Common Property. 16. Use and Enjoyment of the Common Property The common property is, subject to the Act and these By-laws, for the common use and enjoyment of owners, their employees, invitees, and visitors of community lots in the Community Scheme A person must not, without the authorisation of the Community Corporation, damage or interfere with a building structure, surface treatment or ancillary service on or in the Common Property A person must not, without the authorisation of the Community Corporation, deposit any object or material on the Common Property if it is likely to be hazardous or offensive to other persons using or adjacent to the Common Property person must not light or allow to be lit any open fire or barbecue within the Common Property A person must not obstruct vehicular or pedestrian traffic on the Common Property A person must not park a motor vehicle or aircraft on the Goolwa Airport - Section? or the Common Property except on a part of the Common Property set aside for motor vehicles or aircraft and the Corporation shall in addition to any other power authority duty and or function conferred or imposed upon it have the power to tow away any motor vehicle or aircraft standing in contravention of these by-laws at the expense of the person whose act or default has occasion such contravention and such person shall indemnify the Corporation in respect of all claims for costs and damages arising out of such actions A person driving a vehicle on the Common Property must comply with the rules applicable under the Road Traffic Act 1961 to the driving of a vehicle on a public road and not exceed the speed as posted A person must not refuel any motor vehicle on the Common Property except at a designated refuelling site and shall not carry any fuel onto the Community Parcel in other than certified fuel tanks or approved containers A person must not carry on a business of buying or selling or offering or exposing for sale any goods, commodity, merchandise or service on the Common Property. 17. Use and Enjoyment of Community Lots No building erected on a Community Lot shall be used or occupied otherwise than for: In relation to Community Lots 1 to 58 residential or related use, and; As a hanger for the storage, maintenance and private repair of aircraft and the ancillary goods and tools needed to support aviation activity, or a general storage shed for various items including but not limited to vehicles, caravans and the like providing no local, state or federal laws are contravened. 18. Maintenance and Repair of Buildings The owner of a Community Lot must maintain and keep in good repair buildings and structural improvements to the Lot (including paintwork and external finishes).

6 6 of The minimum standard for building and improvements to be constructed on the Community Lot shall be as determined by local council requirements for buildings and improvements but in any event a residence or addition shall not be of fibre cement, transportable or a kit building with the exception of kits or buildings with at least 75% solid brick, pre-formed masonry and or stone walls The minimum roof pitch, for any residence shall be 17.5 degrees and the roof cladding shall be terracotta or cement tiles or pre-coloured metal The owner of a Community Lot must ensure that any erection or construction of any structure that is iron or steel is pre coated or colour bond The owner of a Community Lot must ensure that any shed or out building does not exceed a height of 8 metres and is not out of character for the character of Airpark Goolwa The owner of a Community Lot shall ensure that any fencing erected or constructed forward of the front alignment of the house and/or within a distance of 8 metres from the common property on the Community Lot is of open wire or of an open see through "rural" character in keeping with the rural amenity of the location The area between the front of any building or improvement on the community lot and the common property shall be landscaped and maintained in a neat and tidy condition The owner of a Community Lot shall ensure that there is a childproof fence erected between the residence and any aircraft movement areas which includes self closing gates in compliance with Australian Standard (AS ). 19. Maintenance of Community Lot The owner of a Community Lot must keep the lot in a clean and tidy condition and not allow vegetation to attain a height of more than 8 metres The owner of a Community Lot must not cause, permit or suffer an aircraft, truck, van, semi trailer, boat or caravan to be left parked forward of the front alignment of the house erected in the Community Lot The owner of a Community Lot must comply and maintain with the terms and conditions of any Council Regulation or By-law The owner of a Community Lot must: store garbage in an appropriate container that prevents the escape of unpleasant odours; and comply with any requirements of the Council for the disposal of garbage The owner of a Community Lot must use their best endeavours to plant, establish, maintain and landscape their Community Lot so that it enhances the amenity and character of the Airpark Goolwa area. 20. Disturbance Whilst acknowledging that the nature of an aerodrome will give rise to noise and vibration, the owner of a Community Lot must not engage in conduct of a nature or at a time that unreasonably disturbs the occupier of another Community Lot or others who are lawfully on a Community Lot or the Common Property The owner of a Community Lot must ensure, as far as practicable, that persons who are brought or allowed onto the Community Lot or the Common Property by the owner do not engage in conduct that unreasonably disturbs the occupier of another Community Lot or others who are lawfully on a Community Lot or the Common Property.

7 TERMS OF INSTRUMENT NOT 7 of Insurance by Community Corporation The Community Corporation shall effect such insurance as is required by Sections 103 and 104 of the Act but shall not be responsible for insuring buildings and other improvements on individual Community Lots An owner or occupier of a Community Lot must not, except with the approval of the Community Corporation, do anything that might: void or prejudice insurance effected by the Community Corporation; or increase any insurance premium payable by the Community Corporation. 22. Building Insurance The owner of each Community Lot shall insure all buildings and other improvements on the lot in accordance with their own requirements and the Community Corporation shall have no responsibility in respect thereof. 23. Public Liability Insurance The owner of each Community Lot shall effect and keep current in respect of their Community Lot a Public Risk Policy in a sum of not less than $10M and must provide the Community Corporation as requested by the Community Corporation from time to time, evidence of a current policy of insurance effected by the proprietor in terms of this By-law. 24. Animals An owner of a Community Lot is entitled: to keep up to two cats and/or dogs on a Community Lot or such other pet that has been approved by the Community Corporation provided such pets are desexed and do not create unreasonable nuisance to the other Community Lot owners; and the owner of a Community Lot acknowledges the danger of allowing an animal to stray onto the Common Property or Airport and will take all necessary steps to restrain and contain any animal. 25. Storm Water Drain The services are laid within the Common Property as shown on the service infrastructure plan and are maintained by the Community Corporation. 26. Statutory and Private Services The Community Corporation is responsible for and must maintain and repair the service infrastructure comprising:- 27. Offence (a) electricity (b) storm water The water reticulation and effluent drainage is the responsibility of each lot owner. A person who contravenes or fails to comply with a provision of these By-laws is guilty of an offence. Maximum Penalty: $

8 8 of Community Corporation's Right to Recover Money The Community Corporation may recover any money owing to it under the By-laws as a debt An owner of a Community Lot must pay or reimburse the Community Corporation on demand for the costs charges and expenses of the Community Corporation in connection with contemplated or actual enforcement, or preservation of any rights under the By-laws in relation to the proprietor or occupier The costs, charges and expenses recoverable by the Community Corporation shall include without limitation, those expenses incurred in retaining any independent administration costs in connection with those events The Community Corporation may charge interest on any overdue monies owed by a proprietor or occupier of a lot to the Community Corporation as specified in accordance with Section 114(4)(b) and Regulation 20 of the Community Titles Act 1996 as amended. 29. Airport Land An owner of a Community Lot must not enter onto the Airport Land (marked K on the development map) unless an Airport Access Agreement has been signed and the owner of a Community Lot will be subject to the following terms and conditions The owner of a Community Lot acknowledges and agrees that; K comprises an airstrip and airport infrastructure, K is used for aviation related activities of both a private and commercial nature and that said activities may occur at any time of the day or night; as K is an airstrip it is potentially a hazardous area and the Airport Owner must be able to control and regulate the use of K for the safety and comfortable enjoyment of all parties entitled to access and use K The owner of a Community Lot must not without authorisation from the Airport Owner; damage or interfere with any structure, surface treatment or ancillary service on K deposit or leave any object or material on K that is likely to be hazardous or offensive to other users drive on or park a vehicle or aircraft on any portion of K that is not set aside and clearly delineated for that purpose and an Airport Access Agreement has been signed and the Grantor or its authorised agent may tow away any offending vehicle or aircraft at the sole expense of the offending party light or allow to be lit any fire or barbecue on K obstruct vehicular, aircraft or pedestrian traffic on K engage in conduct that unreasonably disturbs or endangers the usage of K by others who are legitimately on or wish to use it, or permit anyone else to do so disobey standard aircraft procedures as required by aviation law or rules in place for the operation of the Goolwa Airport allow toilet refuse, oil, chemicals, spirits, inflammable liquids, waste water refuse and garbage to be discharged onto K fail to cooperate with other legitimate users of K to ensure that all legitimate users have reasonable access to K allow animals or unsupervised children onto K at any time The Airport Owner shall be entitled to;

9 9 of make an annual charge at a rate to be reasonably determined from time to time against the owners and occupiers of lot 1 to 58 who have signed an Airport Access Agreement which said charge shall be deposited into a sinking fund for the ongoing maintenance of K prevent access and usage to a owner of a Community Lot, his agents servants and invitees in the event that the offending party is not complying with the terms and conditions set out herein provided the offending party has been given no less than 14 days written notice by the Grantor to remedy the offending party's default deny access and usage of K to any party immediately and without notice in the event that the Airport Owner reasonably believes that the offending party's access or usage will endanger or unreasonably interfere with the other users of K. 30. Interpretation In these By-laws: "Act" means the Community Titles Act 1996 and as amended "Common Property" means the Common Property created by the Deposit of the Plan of Community Division being Community Plan No "Community Corporation" means the Community Corporation created by the Deposit of the Plan of Community Division in respect of which these By-laws are lodged "Community Lot" means a community lot created by Plan of Community Division referred to above "Community Parcel" means the whole of the land comprised in Plan of Community Division referred to above excluding any land thereby vested in a Council, the Crown or a prescribed authority "Occupier" of a community lot includes, if the lot is unoccupied, the owner of the lot Except where otherwise appears words shall have the same meaning as are set out in the Act. DATED

10 10 of 11 EXECUTION BY GRANTOR(S) Signature of GEOFFREY DAVID EASTWOOD Signature of WITNESS - Signed in my presence by GEOFFREY DAVID EASTWOOD who is either personally known to me or has satisfied me as to his or her identity.* Print full name of witness (BLOCK LETTERS) Address of witness (BLOCK LETTERS) Business hours telephone No... GRANTEE Signature Signature of Witness Print full name of witness Print address of witness Phone No. of witness. GRANTEE Signature Signature of Witness Print full name of witness Print address of witness Phone No. of witness...

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