| The following
restrictions shall apply only to Single Family Lots: |
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1. |
There shall be an Architectural Review Board (ARB) initially
consisting of the Developers only. The ARB shall have the right to
approve or disapprove all architectural, landscaping and locating of any
proposed improvements, as well as the general plan of development of all
residences within the property.
No improvements shall be constructed, erected removed or planted, nor
shall any additions to any change, replacement or alteration be made
unless and until the approval thereof shall be obtained in writing from
the ARB. Each applicant shall submit a preliminary application to
the ARB with respect to any proposed improvement that he may contemplate.
The procedures for application to the ARB are more fully set forth in
the Declaration of Covenants, Conditions and Restrictions. |
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2. |
Lot Restrictions: One (1) Lot, as shown on the
plat for the Single Family Lots, shall be the minimum land area upon which
a Single Family Residence may be constructed. |
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3. |
Floor Area: Each Single
Family Residence shall have a minimum floor area of 1500 square feet for
one (1) story residence of heated floor space. A two (2) story
Single Family Residence shall have a minimum of 1800 square feet of heated
floor space. The first floor of any two story residence shall have a
minimum of 1200 square feet on the first floor. The calculation of
square footage shall not include: garages, covered walks, open and/or
screened porches, patios and pool areas. Square footage measurements
shall be no bi-level or tri-level homes constructed without the prior
approval of the ARB. |
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Building Heights: No Single Family
Residence shall be more than thirty-five (35) feet in height without prior
approval of the ARB, as measured from the average crown of this limitation
with approval of the ARB. The ARB substantially above the crown of
the road. |
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Garages: Each Single Family Residence shall
have sufficient enclosed garages space for at least two (2) full size
automobiles. Garage doors shall be kept in closed position when
garage is not being used. No carports shall be permitted. The
ARB shall be the sole judge of whether detached or attached garages shall
be permitted in each case. |
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Clearing and Removal of Trees: No lot may
be cleared for any reason without the prior written approval of the
ARB. No trees of four (4) or more inches in diameter at two (2) feet
above the natural grade shall be cut or removed without the prior written
approval of the ARB. When such a tree is removed, the Owner will
replace it with a similar tree or equal value on another portion of the
lot, if so directed by the ARB. Tree removal shall be permitted in
an area which is thirteen feet (13') from the perimeter of the foundation
of the house and garage. |
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Landscaping: The ARB must approve all
landscape plans. No
vegetable gardens shall be planted or extended except upon approval of the
ARB and in no event shall such garden be nearer than twenty-five (25')
from any adjoining property. |
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Accessory Buildings: No accessory building of
any kind will be permitted on any lot, without the prior written approval
of the ARB. |
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Construction Phase: During construction
of a Single Family Residence, the Lot shall be kept in neat and orderly
conditions as not to cause an unsightly condition of the Lot. In the
event the Owner or his agent or employee (including, without limitation,
any contractor or subcontractor) shall fail to maintain the construction
site as specified herein and such failure continued for at least seven (7)
days following delivery of written notice thereof from the Association,
the Association shall have the right, exercisable in its sole discretion,
to remove any rubbish, refuse and unsightly debris and/or growth from the
Lot. In the event the Association, after such notice, causes the
subject work to be done, then, and in that event, the costs of such work,
together with interest thereon, at the maximum rate permitted by the laws
of the Commonwealth of Kentucky, shall be charged to the Owner as an
Individual Assessment, and shall become a lien on the subject Lot. |
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Temporary Structures: No structure
or object of a temporary character, such as, but not limited to, trailers,
construction trailers, tents, shacks, sheds, garages, barns, tree houses,
skateboard ramps or other temporary or other outbuildings shall be
erected, kept or maintained on any Lot for any use whatsoever, either
temporarily or permanently, except that a temporary construction office
may be used on a building sire when approved, in advance, by the
ARB. The architectural site plan shall indicate the location of such
temporary structure and drawings reflecting the appearance of same. |
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Maintenance of Lots: All Lots shall
be kept in a clean and sanitary condition and no rubbish, refuse or
garbage shall be allowed to accumulate or any fire hazard allowed to
exist. All Lots and all areas between lot lines and pavements shall
be maintained by the Owners in the manner required by the Master
Association. In the event an Owner fails to maintain his Lot as
aforesaid, the Master Association shall have the right, exercisable in its
sole discretion, to mow, burn or clear any weeds, grass, underbrush or
unsightly debris and/or growths from any Lot deemed by the Master
Association to be health menace, fire hazard or a detraction from the
aesthetic appearance of the development provide, however, that at least
seven (7) days prior notice shall be given by the Master Association to
the Owner of such Lot before such work is performed by the Master
Association, In the event that the Association, after such notice
causes the subject work to be done, then, in that event, the costs of such
work, together with interest thereon at a maximum rate permitted by the
laws of the Commonwealth of Kentucky shall be charged to the Owner and
shall become a lien on the subject Lot. Such entry by the
Association shall not be deemed a trespass. The Association may
also, at the request of any Lot Owner, maintain any undeveloped lots, so
as to prevent such undeveloped lots from becoming unsightly as defined
hereinabove. The costs of such work, together with interest thereon
at the maximum rate permitted by the laws of the Commonwealth of Kentucky,
shall be charged to the Owner and shall become a lien on the subject
lot. |
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Setbacks: Minimum setback
requirements are as follows unless otherwise indicated on the recorded
plat: |
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(a) All Single Family Lots: Thirty-five feet (35') from yard setback
from the abutting street unless approved by the ARB. In the case of
corner lots, the intersection street setback shall be Thirty-Five feet
(35') and the ARB shall determine the fronting street. |
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(b) Rear yard setbacks shall be generally opposite the front yard,
but final determination shall be made by the ARB. The minimum
distance shall be ______ (__). |
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(c) The remaining setbacks (other than front yard or rear yard
setbacks) shall be not less than ten feet (10') from each property line. |
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(d) No structure of any kind, including, without limitation, fences
higher than four feet (4'), shall be permitted in any building setback
area, except that air conditioning equipment, water softeners, sprinkler
controls and other similar utilitarian devices are permitted provided they
do no extend more than four feet (4') into the setback are and provided
further that they are all sited and screened from view in a manner
approved by the ARB. |
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(e)
The Developer shall have the right to waive minor violations of the set
back requirements contained herein, if said violation does not exceed
fifteen percent (15%) of the required setback. After the Developer
has turned over control to the Master Association, then the Master
Association shall have the rights to waive minor setback requirements as
are given to the Developer herein. |
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(f)
Notwithstanding anything herein to the contrary, the ARB, may when
concurred in by the Board of Directors of the Master Association (before
or after transfer of control by Developer), vary the building setback
lines recited herein by as much as twenty-five percent (25%). Any
such variance shall be evidenced by a certificate of variance or
compliance in recordable form. |
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Fences, Walls and Hedges: The composition,
location and height of any fence, wall or hedge to be constructed on any
lot shall be approved in advance by the ARB. No fence shall be
approved on any lot between the rear of the building constructed thereon
and the street in the front of the building. The ARB shall require
the composition of any fence, wall or hedge to be consistent with the
material used in the surrounding Single Family Residence and other fences,
if any. Fencing design must accompany the final working drawings
submitted to the ARB for any proposed Single Family Residence. |
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Swimming Pools: Any swimming pool to be
constructed on any lot shall be inground and subject to the requirements
of the ARB, which shall include, but not be limited to the following: |
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(a)
Composition to be of material thoroughly tested and accepted by the
industry for such construction. |
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(b) Swimming pools, pool decks, fencing, screen enclosures, patio
and terrace slabs may not extend into the minimum yard setback areas,
except by special permit from the ARB. |
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(c) Landscape, pool, recreation and security lighting shall be
designed so as not to be an annoyance to the surrounding Single Family
Residences. |
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(d) If one Owner elects to purchase two (2) adjoining lots and to
use one lot for recreational purposes, the lot used for recreational
purposes must be adequately screened by landscaping and/or walls or fences
on both the front and sides, as required by the ARB. It shall be the
intent of the ARB to screen any such recreational facilities from public
view. |
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(e) Pools may be heated only through methods approved by the ARB. |
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Driveways: All driveways and parking areas
shall be constructed of concrete. All driveways must be a minimum of
Sixteen (16) feet wide at the point of the street. Driveways may
connect to streets at only two (2) point for each lot and such connections
shall provide continuity of any drainage swale or curb and shall blend
into the street pavement. No curbside parking areas may be created
by extending any portions of street pavements, except as approved by the
Association. All driveways shall be approved in advance by the ARB. |
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Utilities: No utilities may be above ground,
including but not limited to electric, telephone, and cable
television. Each Owner shall connect his water line to the water
distribution main serving his lot. Each Owner shall maintain and
repair his water line up to a point of delivery and collection. No
individual water supply system shall be permitted except for irrigation
purposes. |
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Lot Filling: No lot may be filled for any
reason until the ARB has reviewed and approved the preliminary application
for the Single Family Residence. The site plan, along with the tree
survey and other documents required by the ARB, must clearly delineate the
extent of filling. |
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Tennis Courts: Any tennis court shall be fenced
and shall be subject to the requirements of the ARB. |
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Residential Use: All Single Family Residences
shall be used only as single family private residential dwellings and for
no other purposes. No business or commerical buildings may be
erected on any lot and no business may be conducted on any part thereof,
except as specially reserved herein. |
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Clotheslines: No clotheslines or outside drying
area shall be located on any lot. |
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Residence Graphic: The size and design of all
signs, numbering for the unit, mailboxes and other such materials shall be
approved by the ARB and shall display continuity and conformity throughout
the development. |
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Except in connection with the development or sales of
property by Developer, no signs, billboards, advertisements or notices of
any kind, including without limitation, "For Sale" or "For
Rent" signs, shall be displayed for public view on any lot, or the
Homeowners Association Property, without the prior written approval of the
ARB, or except as may be required by legal proceedings, it being
understood that the ARB will not grant permission for said signs unless
their erection is reasonably necessary to avert serious hardships to the
Owner. If such permission is granted, the ARB reserves the right to
restrict size, color, content and location of such signs. No such
sign shall be nailed or attached to any tree. The ARB shall have the
right to adopt reasonable rules regarding signs to be used during
construction of Single Family Residences, such as Owner identification,
name of contractor or architect, etc. |
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Garbage and Trash Containers: No lot shall be
used or maintained as a dumping ground for rubbish, trash or other
waste. All trash, garbage and other waste shall be kept in sanitary
containers. |
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Antenna and Other Rooftop Accessories: No
radio, televisions or other electronic antenna, aerial or satellite
receiving dish, or other reception or transmission device may be erected
or maintained anywhere on the common property or on the exterior of any
Single Family Residence (unless installed by Developer or the Master
Association), without the prior written approval of the ARB. Such
approvals may provide for temporary uses, subject to removal upon stated
conditions. Plumbing and heating vents protruding from roofs shall
be painted so as to blend into the color of the roof and shall be located,
whenever possible, so as not to be visible from the street or from
neighboring units. Electronically powered ventilators may be used if
the roof vents are low profile, blended to the roofing materials and are
not visible from the street or from neighboring units. Wind driven
attic ventilators are prohibited. |
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Nuisances: No use or practice which is either
an annoyance to Owners or an interference with the peaceful possession and
use of the property by Owners shall be allowed. No Owners shall
commit or permit any nuisance or any immoral or illegal activity on or
about the property. For greater clarification, no Owner shall
knowingly or willfully make or create any unnecessary, excessive or
offensive noise or disturbance which destroys the peace, quiet and/or
comfort of the Owners, or allow any such noise or disturbance to be made
on or about his unit. |
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Parking Vehicles: No commercial vehicles,
boats, boat trailers, buses, house trailers, motor homes, trucks, camping
trailers, vans, motorcycles, motor scooters, go-carts, motorbikes or other
similar vehicles, whether of a recreational nature or otherwise, with the
exception only of four (4) wheel passenger automobiles and truck and vans
not to exceed 3/4 ton, shall be placed, parked or stored outside of an
approved garage, except that boats may be stored in driveways for
seventy-two (72) hours per week between April 1 and November 1. |
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Vehicles of repairmen, delivery men, moving vans may be
parked at curbside or on the driveways and private parking areas of a lot
for no longer than four (4) hours in a twenty-four (24) hour period.
Furthermore, guests of an Owner, visiting for an extended period of time,
may park their vehicles on the driveways and private parking areas of a
lot for the duration of their stay. Such guests may not park at
curbside except as set forth hereinabove. The Master Association
shall have the right to authorize the towing of any vehicles which are in
violation of these provisions, and to collect the costs thereof from the
Owners, as an individual assessment. |
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Temporary or Permanent Mobile Homes: There
shall not be erected, placed, altered or permitted to remain on any Lot
any mobile home, temporary or permanent, not may any Owner be allowed to
use such as a dwelling, either temporarily or permanently. |
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Storage Tanks and Pools: No holding tanks or
any sort will be permitted that are visible from the adjoining properties
without written approval of the ARB. |
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Firearms: There shall be no hunting,
discharging of firearms, BB guns, bows, crossbows or other projectile
weapons within or upon any Lot except by security personnel in the
performance of their duties. |
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Fuel Tanks: All fuel gas tanks (not including
tanks for propane gas grills) used or located on the property shall be
buried. |
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Additional Protective Covenants: Developer may
include, in any contract or deed for any lot, additional protective
covenants and restrictions not consistent with those contained
herein. |
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Animals: No animals, livestock or poultry of
any kind shall be raised, bred or kept on any lot or on the common
areas. However, dogs, cats and other common household pets may be
kept on the subject to such rules and regulations as may be adopted by the
Association, so long as they are not kept, bred or maintained for
commercial purposes. No animals shall be allowed to run loose at any
time. |
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Rules and Regulations: No person shall use the
Homeowners Association Property, or any unit, in any manner contrary to,
or not in accordance with, such rules and regulations as may be
promulgated by the Master Association, the Association governing the
development in which the unit is located, or such Traffic Regulations as
may be promulgated by the Master Association from time to time. |
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IN WITNESS WHEREOF, MARK MEADE and DAVID IMBODEN, have
hereunto set their hand this _____ day of _____, 1998. |
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______________________________
MARK
MEADE |
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______________________________
DAVID IMBODEN |
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