Deerfield Estates Project Covenants
This conveyance is made subject to all legal highways and easements, all restrictions, conditions and covenants of record, all zoning restrictions, and all taxes and assessments not yet due, or not yet due and payable.
This conveyance is further made subject to the following protective covenants:
1. Any builder purchasing a lot must have signed approval of his architectural drawings and plot plan by the Developer before starting project. In the event a lot is purchased before construction plans are completed, for whatever reason, the buyer must have signed approval by the Developer of his architectural drawings and plot plan before any construction can begin. All landscape plans must be approved by the Developer. All front yard landscape plans will include at least (2) 3-4 inch hardwood trees which will achieve a minimum height of 25 feet at maturity.
2. All lots in the subdivision shall be known and described as residential lots, and no structures shall be erected, altered, placed, or be permitted to remain, on any lot other than one detached single family dwelling not to exceed two and one- half (2-1/2) stories in height and an attached private garage for not less than (2) automobiles or more than (4) automobiles. Any deviation from this clause must be approved by the Developer.
3. The living area of such dwelling, exclusive of garage, open porches an basement, shall contain not less than Two Thousand Four Hundred (2,400) square feet of living area for one-story dwelling and not less than Two Thousand Eight Hundred (2,800) square feet of living area for a two-story dwelling. In addition to the minimum space requirements above, such dwelling shall also contain not less than a two-car garage.
4. No residence, building, fence, wall, hedge, walk or other structure and no grading or general landscaping shall be commenced, erected or permitted to remain on any lot unless the plans and specifications, showing the nature, kind, shape, height, material, color, scheme, estimated cost and location of such structure and/or general landscape scheme has been submitted to and approved by the developer. The foundation walls of such dwelling shall consist of poured concrete and such foundation walls shall be stepped to ground elevation. In addition to the minimum space requirements, no approval shall be granted unless the following have been fully compiled with. Garage and poured foundation walls must be poured concrete-no block walls will be permitted.
A. No structure of a bi-level or tri-level style shall be permitted.
B. No aluminum siding, vinyl siding or plastic siding of any nature may be incorporated into the construction.
C. All plumbing vents and metal vents must be painted.
D. All structures on any lot shall contain wood frame windows or wood frame with cladding.
E. No residence, garage or outbuilding shall be located nearer any road right-of-way than the designated set-back line indicated on the plat of the subdivision. All rear yard set-back limits must also be met.
F. No dwelling structures, garage or outbuilding shall be located closer than ten (10) feet to any side lot line, nor shall the sum of the side yard spaces be less than thirty (30) feet.
G. All residence shall have concrete or paver driveways.
H. Only fully dimensional shingles, tile or slate may be used for roofing material.
I. Capped ridge vents will be utilized wherever possible.
5. Developer reserves the exclusive right to establish grades and slopes at which any building shall be erected.
6. Construction must start within three (3) months of the date of purchase of any lot, unless otherwise approved by the Developer. Developer retains the right to buy back said lot at the original purchase price. No Purchaser shall be allowed to resell an unimproved lot, unless approved by the Developer.
7. Each lot owner shall remove all trash from the lot so that lot is free of debris and clutter. Each owner or builder shall be responsible for keeping the streets free of mud or debris. Straw bale fitters for erosion control shall be used on all low-end sides of lots during the entire construction process.
8. No tree shall be cut, removed or destroyed except for those that are dead and those that are in the building envelope. Certain trees will be protected by barriers as designated by the Developer.
9. No structure of temporary character, trailers, modular, basement, shack, garage, barn, or other outbuilding shall be used as a residence either temporary or permanently. No building or structure shall be relocated to any Deerfield Estates residential lot.
10. Outbuildings may be erected, but only with written approval of the Developer. Tennis courts, in-ground pools, gazebos or other recreational facilities must be approved by the Developer. Above ground pools are not permitted.
11. The parking and/or storage of machinery, equipment, trucks, school buses, boats, campers, trailers, commercial vehicles, recreational vehicles and other vehicles shall not be permitted. No lot shall be used for the storage of disabled or scrap motor vehicles. No trash or refuse is permitted to be stored on any lot. Permanent recreational vehicle parking areas must be approved by the Developer
12. No television antenna or dish, if larger than 2.5 feet in diameter, is permitted on any lot unless approved by the Developer.
13. No advertising signs, or other advertising devices, except those that pertain to the sale of rental of the premises shall be erected or placed on any lot in the subdivision.
14. No lot shall be further subdivided into smaller sites unless approved by the Developer.
15. No fencing may be constructed in front of any residence structure. Any other fencing requirement must be approved by the Developer. No chain link fencing may be used on any lot in the subdivision in any location.
16. No animals, livestock or poultry shall be maintained on any lots except dogs, cats, and other household pets, unless they are being raised, bred, or maintained for commercial purposes. All pet owners must comply with the county, township and state leash laws.
17. No noxious or offensive trade, business or activity shall be permitted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the other lot owners. No fermented liquors shall be manufactured or sold upon any lot; nor, in general shall any lots be used in any way or for any purpose which might endanger the health of, or unreasonably disturb, any persons residing in said subdivision.
18. Any lot area designated for the natural flow of surface water shall be kept free from any obstruction to the natural flow of surface water. Any improvements made on or under any easements shall be made at the risk of the owner of the lot on which such improvements are made. In no case, shall any improvement, alteration or construction upon such easement be made without the approval of the appropriate governmental authority.
19. Irrigation and/or sprinkler systems are permissible on individual lot. Any system that is installed in public right-of-way is done so at owners' risk.
20. No lots in Deerfield Estates shall have direct access to Feedwire Road. No driveway may enter any street closer than 50' from any intersection corner, unless waived by the appropriate governmental authority.
21. Drainage structures and improvements shall be the responsibility of the Home Owner's Association who shall be responsible for operation and maintenance. No change shall be made to the approved storm drainage without first obtaining review and approval from the appropriate governmental authority.
22. A post light with photo electric cell is required on all lots. Set-back dimensions to be established by the Developer. Mail box design will be determined by the Developer. These determinations will be standardized wherever possible.
23. Any damage that is done by purchaser, or his contractor(s) to any improvements that have been made by the Developer are the purchaser's responsibility to repair and/or replace (i.e., curb, street, utilities, etc.). Damages to the infrastructure of the development abutting the lot are the responsibility of the lot owner.
24. These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them until at which time such covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of then owners of the lots. Each lot being entitled to one (1) vote.
25. If the parties hereto, or any of them, or their heirs or assign, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any lot in the subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them form so doing or to receive damages for such violations.
26. The Developer shall establish an association of homeowners which shall be known as DEERFIELD ESTATES HOMEOWNERS ASSOCIATION, INC. Its purpose shall be to promote and serve the common good and general welfare of the community of homes and the adjacent areas within Deerfield Estates. It shall include the preservation and maintenance of water detention areas, common areas, associated irrigation system, if used, associated electric utilities, if used, walking paths, common lighting, if used, signage and general items of beautification, such as, but not limited to, parks or playground areas.
27. Invalidation of any one (1) of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
28. All approvals by the Developer must be written and addressed to the lot owner of record. |