HomeMy WebLinkAboutCovenants and Restrictions, draft. rec'd 6-3-2015DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
GRANNAN GROVE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF GRANNAN GROVE is made this _____ day of ______________, 2015 by Grannan Grove
Developer, LLC an Indiana limited liability company (the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of certain property, located in City of Carmel,
Hamilton County, Indiana, which is more particularly described in what is attached hereto and
incorporated herein by reference as Exhibit "A" (the "Property"); and
WHEREAS, Declarant desires to subdivide and develop the Property and in connection
therewith, to impose certain covenants, conditions and restrictions on the Property.
NOW, THEREFORE, the Declarant hereby declares that all of the Lots (defined below)
in the Property, as they are held and shall be held, conveyed, hypothecated, or encumbered,
leased, rented, used, occupied, and improved, are subject to the following covenants, conditions,
and restrictions, all of which are declared to be in furtherance of a plan of the improvement and
sale of the Property and each Lot situated therein, and are established and agreed upon for the
purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a
whole and each of the Lots situated therein. This Declaration shall run with the Property and
shall be binding upon and inure to the benefit of the Declarant and upon the parties having or
acquiring any interest in the Property or any part or parts thereof.
ARTICLE I
DEFINITIONS
The following are the definitions of the terms as they are used in this Declaration:
Section 1.1 "Applicable Laws" means all federal, state and local laws, statutes,
regulations and ordinances that are applicable to the Property.
Section 1.2 "Architectural Control Committee" shall mean the Architectural Control
Committee, as more fully described in Article VI of this Declaration.
Section 1.3 "Association" shall mean the Grannan Grove Homeowners Association,
Inc., a not-for-profit corporation, the membership and power of which are more fully described
in Article IX of this Declaration.
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Section 1.4 “Board" or "Board of Directors" shall mean the Board of Directors of the
Grannan Grove Homeowners Association, Inc. and “Director” shall mean any member of the
Board of Directors.
Section 1.5 "Builder" means a person or entity (i) regularly engaged in the business of
constructing single-family residences for sale and responsible for the original construction of a
residence on a Lot and (ii) deemed by the Declarant, in its sole discretion, to be a Builder.
Section 1.6 "Common Area" shall mean those areas (i) designated on current or future
Plats as a "Block", "Common Area", "C.A” and (ii) any other areas designated by the Declarant
for the common use and enjoyment of the residents of the Property.
Section 1.7 "Declarant" shall mean Grannan Grove Developer, LLC, and any
successors and assigns of it that it designates in one or more written recorded instruments to have
the rights of Declarant under the Declaration.
Section 1.8 "Development Period" means the period of time commencing with
Declarant's acquisition of the Property and ending on the termination of the Class B Membership
in the manner set forth in Section 9.3(B) below.
Section 1.9 "Declaration" shall mean this Declaration, as from time to time amended.
Section 1.10 "Lot" shall mean any home site, for the construction of a Residence,
identified on a Plat that is recorded in the Office of the Recorder of Hamilton County, Indiana.
Section 1.11 "Official Zoning Ordinance" shall mean the Zoning Ordinance of the City
of Carmel, Indiana, as amended from time to time.
Section 1.12 "Owner" shall mean the record owner, whether one or more persons or
entities, of the fee simple title to any Lot which is a part of the Property, including contract
sellers, but otherwise excluding those having such interest merely as security for the
performance of an obligation. Unless specifically indicated to the contrary, the term "Owner"
shall include the Declarant.
Section 1.13 "Person" shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity or any combination thereof.
Section 1.14 “Plat" shall mean the subdivision plats of the Property which are recorded
with the Recorder of Hamilton County, Indiana.
Section 1.15 "Pond Area" means any Common Area, or portion thereof, on which a
Pond now exists or is later constructed by Declarant and "Pond" means a body of water which
now exists or is later constructed by Declarant in a Pond Area.
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Section 1.16 “PUD” shall mean Ordinance Z-595-14 for the Grannan Grove
Planned Unit Development, enacted by the City of Carmel, Indiana on November 3, 2014, as
amended from time to time.
Section 1.17 “PUD Architectural Standards” shall mean the architectural standards
included in the PUD and set forth in what is attached hereto and incorporated herein by reference
as Exhibit “B”.
Section 1.18 "Residence" shall mean any structure intended exclusively for occupancy
by a single family together with all appurtenances thereto, including private garage and
recreational facilities usual and incidental to the use of a single-family residential lot.
Section 1.19 “Special Use" shall mean any use defined or identified in any applicable
zoning ordinance as a "Special Use".
ARTICLE II
CHARACTER OF THE DEVELOPMENT
Section 2.1. In General. Lots may be used only for residential purposes. All Property
located within a Plat that has not been designated by numbering shall be used in a manner
determined by the Declarant. Lots may be used only for single-family residential purposes and
only one Residence may be constructed thereon. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater number of Residences in the Property than
the number of Lots depicted on the Plat. Notwithstanding any provision in the Official Zoning
Ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental
and necessary to single family dwellings.
Section 2.2. Other Restrictions. All Property shall be subject to the easements,
restrictions, and limitations of record and rights-of-way, and also to all Applicable Laws.
ARTICLE III
EASEMENTS
Section 3.1 Designated Easements. The following are easements designated or to be
designated, in the Declarant's sole discretion, upon a Plat:
(A) Designated Drainage, Utility, and Sewer Easements. There are strips of
ground designated on the Plat as drainage easements, utility easements, sewer easements,
sanitary sewer easements or storm sewer easements, or any combination thereof, which
are hereby reserved to the appropriate governmental entities, public utilities, and private
utilities for the installation and maintenance of swales, ditches, pipes, drains, electric
lines, gas lines, telephone lines, fiber optic cable, high speed internet lines, sanitary
sewers, manholes, detention and retention areas or other drainage facilities. Purchasers of
Lots shall take title subject to such easements hereby created and subject at all times to
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the rights of proper authorities to service and maintain such drainage facilities and
easements, and no permanent structure of any kind and no part thereof, except fences
which do not retard or impede the flow of drainage water and which are approved by any
entity to which the easement is dedicated, shall be built, erected or maintained on said
drainage easements, except by the Declarant or its assigns. It shall be the responsibility of
the Association and the Owners of the areas enclosed within such drainage easements to
maintain such areas in such conditions that the flow of storm drainage waters on, across
and from said areas shall not be impeded, diverted or accelerated. Such use for storm
water movement or retention or detention is hereby declared to be an easement and
servitude upon said land for the benefit of the Owners of other land included within the
Plat, upstream or downstream, affected by such use and for any proper governmental
agency or department or any private or public utility. All proper governmental agencies
or departments and public and private utilities are hereby given the right to obtain access
to such areas to perform maintenance and to perform such maintenance as may be
necessary to protect that easement and servitude rights. It shall be the responsibility of
the Association and the Owner of any Lot or parcel of land within the Plat to comply at
all times with the provisions of the drainage plan as approved for the Plat by the
appropriate governmental agency or department and the requirements of all drainage
permits for such Plat issued by those agencies. Failure to so comply shall operate as a
waiver and release of the Declarant, the developer, or their engineers and agents from all
liability as to damage caused by storm waters or storm drainage. Further, there are
hereby created easements and servitudes upon the land within the Plat in favor of surface
water runoff along natural valleys and drainage channels running to Owners of other land
contained within the Plat, upstream and downstream. It shall be the responsibility of the
Association and the Owners of these natural valleys and channels to use their land and
maintain said natural valleys and channels in such manner and condition that the flow of
storm drainage waters on, across, from and to such areas shall not be impeded, diverted
or accelerated.
(B) Designated Mounding, Landscaping, and Screening and Sign Easements.
Any strips of grounds shown or designated on the Plat for landscaping including, but not
limited to, landscape easements, landscape maintenance easements, or landscape
maintenance access easements are hereby reserved unto Declarant, during the
Development Period, and, thereafter, unto the Association, for the purposes of (i)
providing signs which either advertise the Property and the availability of Lots or identify
the Property and (ii) installing landscaping, mounding, fencing, masonry walls, and
screening. Declarant reserves unto itself during the Development Period and thereafter
unto the Association, the exclusive and sole right to erect signs and install landscaping,
mounding, and screening within these strips of ground. Notwithstanding anything in this
Declaration to the contrary, no planting shall be done, and no hedges, walls, fences or
other improvements shall be erected or maintained in the area of such easements, except
by the Declarant during the Development Period, and thereafter by the Association.
Furthermore, notwithstanding anything in this Declaration to the contrary, no planting
shall be done, and no hedges, walls, fences, structures, or other improvements shall be
erected between (i) any landscape easement or landscape maintenance easement and (ii)
any perimeter roadway, public highway or right-of-way along the perimeter or boundary
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of the Property, except by the Declarant during the Development Period and thereafter by
the Association.
(C) Easement Work. Notwithstanding any architectural approval under Article
VI below, during the course of any maintenance, service, repair or work upon any
easement, the Declarant, the Association, any private utility, any public utility, and any
governmental entity shall have the right and the authority, without any obligation,
liability or obligation of replacement, whatsoever to any Owner, to remove, damage, or
destroy any fence or other structure or landscaping built, erected, maintained or planted
in any easement described in Section 3.1 (A) above.
Section 3.2 General Drainage, Utility, Sewer and other Development Easements. The
following rights reserved in this Section 3.2 shall not be exercised, after the conveyance of any
Lot, in a manner that (i) unreasonably and adversely affects any Residence or portion thereof
located upon such Lot or the Owner's use or enjoyment thereof, or (ii) unreasonably restricts the
rights of ingress and egress to such Lot. The following rights and easements reserved by
Declarant in this Section 3.2 shall run with the land, and Declarant's right to further alter or grant
easements shall automatically terminate and pass to the Association upon the expiration of any
Development Period.
(A) General Easement. Declarant hereby reserves unto itself during the
Development Period, and thereafter unto any public or private utility, a general easement
("General Drainage, Utility and Sewer Easement") for drainage, utility and sewer
purposes in, on and over all of the Common Area and any Lot, so as to permit the
installation and allow to be maintained all electrical, telephone, water, gas, sanitary and
storm sewer, television (including but not limited to cable and/or satellite) transmission
facilities, security systems and other utility services (including all necessary lines, pipes,
wires, cables, ducts, antennae and other equipment and facilities) to serve any Residence.
Any General Drainage, Utility and Sewer Easement include all areas of the Property
outside any Residence. By virtue hereof, Declarant reserves the right to install a Pond(s)
on any Common Area. The rights hereunder and easements hereby reserved survive the
conveyance, by the Declarant to the Association, of any Common Area. This easement
shall be in addition to any easement identified upon a Plat as a drainage, sewer, utility,
cable, landscape, sign, transmission, flowage or similar type easement.
(B) Pond Easement. Declarant reserves unto itself during the Development
Period, and thereafter unto the Association, an easement ("Pond Easement") and right-of-
way in and to any Pond Area (s) or areas now or hereafter shown on the Plat as a
"Block", "Common Area", or "Pond" or any other Common Area within the Property
used as a water retention or detention area, or on which a Pond now exists or is later
constructed, for the purpose of fulfilling any maintenance obligations set forth in this
Declaration and establishing and maintaining proper surface water drainage throughout
the Property, including dewatering or aquatic maintenance, and an easement of ingress
and egress through so much of the remainder of the Property as is reasonably necessary
or appropriate, to perform such actions as Declarant or the Association deem necessary or
appropriate, for the purpose of establishing and maintaining proper surface water
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drainage throughout the Property, which such actions shall include the construction,
repair and maintenance of retention and detention ponds or Ponds in accordance with all
Applicable Laws.
(C) Sign and Facility Easement. Declarant reserves unto itself during the
Development Period, and thereafter unto the Association, a general sign and facilities
easement ("Sign and Facilities Easement") giving it the right to install, erect, construct
and maintain an entryway sign or signs, directional signs, advertising signs advertising
and/or identifying the Property or the Lots therein, lighting, walkways, pathways, fences,
walls and any other landscaping, architectural and recreational features or facilities
considered necessary, appropriate, useful or convenient, anywhere upon the Property
(except upon any Lot after the first conveyance thereof). Any such signs and other
improvements shall comply with any Applicable Laws and all such signs and other
improvements shall be maintained by the Association as a part of its Common Area
maintenance obligations.
(D) Additional Authority. Declarant reserves unto itself during the
Development Period, and thereafter unto the Association, the full right, title and authority
to:
(i) Relocate, alter or otherwise change the location of any Drainage,
Utility and Sewer Easement, Pond Easement, and/or Sign and Facilities Easement,
or any facility or infrastructure at any time located therein or thereon;
(ii) Grant such further easements, licenses and rights-of-way,
temporary or permanent, exclusive or non-exclusive, surface or otherwise, as
Declarant may deem necessary or appropriate, for ingress and egress, utility and
similar purposes on or within any portion of the Property, for the benefit of the
Property or any portion thereof; and,
(iii) Describe more specifically or change the description of any
Drainage, Utility and Sewer Easement, Pond Easement, Sign and Facilities
Easement and any other easement, license or right-of-way now or hereafter
existing on the Property, by written instrument, amended Plat or amendment to the
Plat recorded in the Office of the Recorder of Hamilton County, Indiana.
(E) The title of (i) the Declarant or the Association to the Common Area
owned during the Development Period and (ii) any Owner of any Lot, shall be subject to
the rights and easements reserved herein.
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ARTICLE IV
ADDITIONAL PROVISIONS RESPECTING
SANITARY SEWER UTILITY
Section 4.1 Easements. Sanitary sewer utility easements allow for the construction,
extension, operation, inspection, maintenance, reconstruction, and removal of sanitary sewer
facilities and also give utility companies, whether public or private, as well as any governmental
authorities, the right of ingress/egress.
Section 4.2 Trees. No trees shall be planted directly over building sewers or laterals. Any
landscaping placed within easements or right-of-ways may be removed, damaged, or destroyed
by the applicable utilities without any obligation of repair or replacement.
Section 4.3 Other Obstructions. No mounding, lighting, fencing, signs, retaining walls,
landscaping walls, entrance walls, irrigation lines, or other improvements shall be placed within
ten (10) feet of the center of the sanitary sewer infrastructure. Any of these which are placed
within easements or right-of-ways may be removed by the applicable utilities without any
obligation of repair or replacement.
Section 4.4 Owner’s Responsibility. All Owners not serviced by gravity sanitary sewer
service are responsible for all maintenance, repair and replacement of all grinder/ejector pumps,
force mains and gravity laterals from the Residence to its connection to the sanitary sewer main.
Section 4.5 Discharge. The discharge of clear water sources, including, but not limited to,
foundation drains, sump pumps, and roof drains into the sanitary sewers is prohibited.
Section 4.6 Grade Changes. Grade changes across sanitary sewer facilities must be
approved in writing by the applicable utilities, and must comply with Applicable Laws.
ARTICLE V
COVENANTS AND RESTRICTIONS
Section 5.1 Land Use. Lots may be used only for single-family residential purposes and
only one Residence, not to exceed the maximum height permitted by and measured pursuant to
the Applicable Laws, may be constructed thereon. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater number of Residences, located in any
particular platted area, than the number of Lots depicted on the Plat of such area.
Notwithstanding any provision in the Official Zoning Ordinance to the contrary, no Lot may be
used for any "Special Use" that is not clearly incidental and necessary to single family dwellings.
Section 5.2 Address Identification. The numbers representing the address of each
Residence will be of a uniform appearance and will be displayed in a uniform location and
manner, as determined by the Architectural Control Committee.
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Section 5.3 Lighting. All homes will have exterior lights as approved by the
Architectural Control Committee. In the Declarant’s sole discretion, street lights may be installed
by Declarant in the utility easements on Lots, in the Common Areas, and in public rights-of-way.
During the Development Period, and in the Declarant’s sole discretion, street lights may be
operated and maintained by the Association. After the Development Period, the Association
shall have the right to remove street lights deemed no longer necessary by the Board of
Directors.
Section 5.4 Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding may be used at any time as a dwelling or Residence, temporary or permanent, nor
may any structure of a temporary character be used as a dwelling or Residence. No temporary
structure, trailer, or other outbuilding shall be placed or erected on any Lot, except by Declarant
or a Builder. Any such temporary structure, trailer, garage, or other outbuilding shall be
removed immediately upon completion of the primary Residence.
Section 5.5 Driveways. All driveways in the Property shall be concrete in material, unless
otherwise approved by the Architectural Control Committee.
Section 5.6 Water Systems. Each Owner shall connect to the water main maintained by a
private or public water utility to provide water for domestic use on the Lot and shall pay all
connection, or other charges lawfully established with respect to connections thereto.
Section 5.7 Drainage. In the event storm water drainage from any Lot or Lots flows
across another Lot, provision shall be made by the Owner of such downstream Lot to permit
such drainage to continue, without restriction or reduction, across the downstream Lot and into
the natural drainage channel or course, although no specific drainage easement for such flow of
water is provided on the Plat. To the extent not maintained by the municipality or local
governmental board having jurisdiction, "Drainage Easements" shall exist in drainage swales and
shall be maintained by the Owner of the Lot upon which such easements are located such that
water from any adjacent Lot shall have adequate drainage along such swale. The elevation of a
Lot shall not be changed so as to materially affect the surface elevation or grade of surrounding
Lots. Perimeter foundation drains and sump pump drains shall be connected whenever feasible
into a subsurface drainage tile. Down spouts and drains shall be designed to disperse runoff for
overland flow to street or swale collection systems. Each Owner shall maintain the subsurface
drains and tiles located on his Lot and shall be liable for the cost of all repairs thereto or
replacements thereof.
Section 5.8 Signs. Except for such signs as Declarant may in its sole discretion display in
connection with the identification of development of the Property and the sale of Lots therein, no
sign of any kind shall be displayed to the public view of any Lot except that one (1) sign of not
more than four (4) square feet may be displayed by an Owner or a Builder at any time for the
purpose of advertising a Lot or Residence thereon for sale.
Section 5.9 Fencing. This Section 5.9 is applicable to all Lots except those Lots which
are used for a sales office or model home by the Declarant or a Builder. No fence, wall, hedge, or
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shrub planting higher than eighteen (18) inches shall be permitted between the front property line
and the front building set back line except where such planting is part of Residence landscaping
approved by the Architectural Control Committee and the prime root thereof is within six (6)
feet of the Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to
constitute a "hedge". All fencing shall be (i) wrought iron, or (ii) wrought iron in appearance but
made with aluminum or other acceptable material, unless otherwise approved by the Committee.
All fencing shall have a maximum height of 48 inches above grade, except (i) if the Lot contains
an in-ground swimming pool, then the maximum height of the fencing shall be 72 inches above
grade, and (ii) if the Lot abuts a Pond, then the maximum height of the fencing shall be 42 inches
above grade starting at a point that is 24 feet behind the rear foundation line of the house. All
plans for approval of fencing which are submitted to the Architectural Control Committee shall
identify all corners of the subject Lot, and the Lot Owner shall be responsible for installing the
fence in accordance with the approved plans. All fencing on a Lot shall be uniform in height,
style, and color and substantially similar in material. Fencing shall not extend past the rear
foundation line of the house towards the street, unless approved by the Committee. No fence or
wall shall be erected or maintained on or within any Landscape Easement except such as may be
installed by Declarant and subsequently replaced by the Association in such manner as to
preserve the uniformity of such fence or wall. No fence may be erected on a Lot without prior
approval of the Architectural Control Committee, which shall approve or disapprove the location
of all fences. All fencing erected on a Lot must be erected either (i) within six (6) inches of the
property line of such Lot, or (ii) more than four (4) feet from the property line of such Lot. Each
Owner who has a fence erected that is located within six inches of the property line of its Lot,
hereby approves of each applicable adjacent Lot Owner to encroach upon the Owner’s Lot up to
a maximum of six (6) inches in order for (x) the applicable adjacent Lot Owner to connect its
adjacent Lot Owner’s fence to the Owner’s fence already erected, (y) such applicable adjacent
Lot Owner to subsequently maintain its adjacent Lot Owner’s fence within the encroached area
of the Owner’s Lot, and (z) the applicable adjacent Lot Owner to subsequently mow and/or
otherwise maintain the portion of the Owner’s Lot located between the Owner’s fence and the
property line of the applicable adjacent Lot Owner. Under no circumstances shall such
encroachment give rise to a claim of adverse possession or easement by prescription. In the
event that a fence is already erected on an adjoining Lot within six (6) inches of the property
line, then the Owner of a Lot desiring to install a new fence shall either (i) connect the Owner’s
new fence to the fence on the adjoining Lot if the new fence satisfies all of the criteria expressed
herein and is approved by the Committee, or (ii) install the Owner’s new fence more than four
(4) feet from the property line so that the gap between the Owner’s new fence and the existing
fence on the adjoining Lot will be at least four (4) feet wide. The Architectural Control
Committee may establish further restrictions and design standards with respect to fences,
including limitations on (or prohibition of) the installation of fences in the rear yard of a Lot
abutting a Pond. All fences shall be kept in good repair. Each Owner shall properly maintain,
mow, and trim grass on all portions of such Owner’s Lot, including the portions of the Lot
located on the other side of a fence installed upon such Lot.
Section 5.10 Nuisances. No noxious or offensive activity shall be carried on upon any
Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance
to the neighborhood hereby established. Violation of any ordinance governing noise, building or
lot maintenance, or any other public nuisance shall be deemed to be a nuisance creating rights in
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every affected Owner, the Declarant, and/or the Association, as the case may be, to enforce the
provisions hereof against the offending Owner. Barking dogs may constitute a nuisance. In the
event of successful enforcement by an Owner, the Declarant, or the Association of the provisions
thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court
costs, and all other costs and expenses of litigation and collection in connection therewith.
Section 5.11 Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers
out of public view from the street (either within the garage or behind a Committee-approved
fence or screen), except for a period of time not more than 24 hours prior to, and 12 hours after
the removal thereof, when it may be placed at the curb of the Lot. All equipment for storage or
disposal of such materials shall be kept clean and sanitary.
Section 5.12 Livestock and Poultry. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept
provided that they are not kept, bred, or maintained for any commercial purpose. The owners of
such permitted pets shall confine them to their respective Lots such that they will not be a
nuisance. Owners of dogs and cats shall so control or confine them so as to avoid barking and/or
roaming which will annoy or disturb adjoining Owners. Unless permitted by the Board of
Directors, no Owner shall maintain more than two (2) of the same type (dog, cat, bird) of pet nor
more than four (4) total pets; provided, however, that fish which are located in indoor aquariums
and which pose no risk to the public health shall not be considered pets for the purpose of this
restriction. No dangerous or potentially dangerous pets, such as exotic animals (large wild cats,
wolves, alligators, snakes which are poisonous or longer than two feet, poisonous spiders, and so
on) shall be permitted to exist in a Residence or on a Lot without the unanimous consent of the
Architectural Control Committee and the Board of Directors; provided, however, that the
decision of the Board of Directors to permit such animal or animals may be overturned by a
majority vote of the members of the Association at any meeting.
Section 5.13 Outside Burning. No trash, leaves, or other materials shall be burned upon a
Lot unless the smoke therefrom will not blow upon any other Lot. Owners shall use appropriate
incinerators and shall at all times be in compliance with all Applicable Laws for outside burning.
Section 5.14 Antennae Systems. To the extent not inconsistent with federal law, exterior
television and other antennae, including satellite dishes, are prohibited, unless approved in
writing by the Architectural Control Committee. The Architectural Control Committee may
adopt rules for the installation of such antennae and/or satellite systems, which rules shall require
that antennae and satellite dishes be placed as inconspicuously as possible from public view from
the street. It is the intent of this provision that the Architectural Control Committee shall be able
to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and
should any regulations adopted herein or by the Architectural Control Committee conflict with
federal law, such rules as do not conflict with federal law shall remain in full force and effect.
Section 5.15 Exterior Lights. Except on Lots on which there is maintained a sales office
or model home by the Declarant or a Builder, no exterior lights shall be erected or maintained
between the building line and rear lot line so as to shine or reflect directly upon another Lot.
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Section 5.16 Electric Bug Killers. Electric bug killers, "zappers", and other similar
devices shall not be installed at a location or locations which result in the operation thereof
becoming a nuisance or annoyance to other Owners, and shall be operated only when outside
activities require the use thereof and not continuously.
Section 5.17 Association's Right to Perform Certain Maintenance. In the event that the
Owner of any Lot shall fail to maintain his or her Lot and any improvements situated thereon in
accordance with the provisions of this Declaration, the Association shall have the right, but not
the obligation, by and through its agents or employees or contractors, to enter upon said Lot and
repair, mow, clean or perform such other acts as may be reasonably necessary to make such Lot
and improvements situated thereon, if any, conform to the requirements of these restrictions. The
corresponding costs incurred by the Association shall be assessed to the Owner and shall
constitute a lien on such Owner’s Lot. The Owner of such Lot shall reimburse the Association
within thirty (30) days of the date on which the Owner is invoiced by the Association. The
Association shall have the right to collect any amounts due and owing under this Section 5.17 in
the same manner as assessments are collected per the terms of Article X below, together with
reasonable attorney’s fees and costs of collection. Neither the Association nor any of its agents,
employees, or contractors shall be liable for any damage that may result from any maintenance
work performed hereunder.
Section 5.18 Awnings. Except on Lots on which there is maintained a sales office or
model home by the Declarant or a Builder, or as approved by the Architectural Control
Committee, no metal, wood, fabric, fiberglass or similar type material awnings or patio covers
are permitted anywhere on the Property.
Section 5.19 Diligence in Construction. Subject to inclement weather, every Residence
shall be completed within fifteen (15) months after the commencement of the construction
thereof. For cause shown, this fifteen (15) month period may be extended by the Architectural
Control Committee. No improvement which has partially or totally been destroyed by fire or
otherwise shall be allowed to remain in such state for more than three (3) months after the time
of such destruction or damage or, if approval of the applicable casualty insurance is pending,
then within three (3) months after such approval is forthcoming.
Section 5.20 HVAC Units. No heat pumps, air conditioning units or gas meters shall be
installed in the front of the Residence.
Section 5.21 Pond and Pond Area(s). Except as otherwise provided, no individual using
a Pond, if any, has the right to cross another Lot or trespass upon shoreline not within a Common
Area owned by the Association, subject to the rights of the Declarant, the Association, their
employees, heirs, successors and assigns as set forth in the Declaration. No one shall do or
permit any action or activity which could result in pollution of any Pond, diversion of water,
elevation of any Pond level, earth disturbance resulting in silting or any other conduct which
could result in an adverse effect upon water quality, drainage or proper Pond management,
except as provided in this Declaration. A Pond may not be used for swimming, ice skating,
boating, or for any other purpose, except for (i) drainage of the Property and (ii) fishing from the
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shoreline of the Pond by Owners and their family members and guests, unless expressly and
specifically approved by the Board of Directors in writing and allowed by law. Ponds and Pond
Areas may or may not exist on the Property, and the reference throughout this Declaration to
Ponds and Pond Areas is made in order to address Ponds and Pond Areas, if any, which now
exist or are later constructed upon the Property. The installation on the Property of any Pond or
Pond Area shall be within the sole discretion of the Declarant, and under no circumstances shall
the Declarant be required or obligated to install any Pond or Pond Area. Only the Declarant and
the Association shall have the right to store items or develop recreational facilities upon any
Common Area including, without limitation, Common Areas on which a Pond exists.
Section 5.22 Mailboxes. All mailboxes and posts must be approved by the Architectural
Control Committee and shall be standard as to size, location, post, design, height, material,
composition and colors. The Builder shall install the initial mailbox for each Lot, meeting the
above criteria, at the Lot Owner’s expense. The Owner shall, at the Owner’s expense, maintain,
repair, replace and paint said mailbox and post in conformance with all other mailboxes.
Section 5.23 Maintenance of Lots and Improvements. Each Owner shall at all times
maintain the Lot and any improvements situated thereon in such a manner as to prevent the Lot
or improvements from becoming unsightly and, specifically, such Owner shall:
(A) Mow the Lot at such times as may be reasonably required in order to
prevent the unsightly growth of vegetation and noxious weeds. Additionally, all Lots
shall be free of weeds and properly irrigated in order to maintain a good and healthy
appearance;
(B) Remove all debris or rubbish from the Lot;
(C) Prevent the existence of any other condition that tends to detract from or
diminish the aesthetic appearance of the Property;
(D) Cut down and remove dead trees from the Lot; and,
(E) Within sixty (60) days following completion of a Residence, or an
alternative date approved by the Architectural Control Committee in writing, or unless
delayed by adverse weather conditions, the Owner shall landscape the Lot in accordance
with the provisions set forth in this Declaration and the Owner’s lot development plan
approved by the Architectural Control Committee.
Section 5.24 Clothes Lines. No clotheslines may be erected on any Lot.
Section 5.25 Outbuildings and Dog Houses. Any and all forms of outbuildings, including
but not limited to, sheds, storage sheds, dog houses, and play houses, which are not directly
connected to the main house on any Lot are prohibited, unless the same are necessary or incident
to the Declarant's, Builder's or Association's business or activities upon the Property; provided,
however, that a pool house which (i) is used for changing and/or showering but not as sleeping
quarters, (ii) is constructed on a foundation with footers, (iii) is architecturally consistent with
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and uses the same exterior building materials as the Residence, and (iv) is approved by the
Architectural Control Committee, shall be allowed. All Structures that are connected to the
Residence must be approved by the Architectural Control Committee, shall share at least one
wall with the Residence, and have visual and construction quality that matches or compliments
that of the Residence.
Section 5.26 Play Equipment. Children’s play equipment such as sandboxes, temporary
swimming pools having a depth of eighteen (18) inches or less, swing and slide sets, and
trampolines shall not require approval by the Architectural Control Committee, provided that (i)
such equipment is not more than eight (8) feet high (to the highest point of the structure) and
properly painted and maintained by the Owner in good repair, (ii) such equipment is located in
the rear yard of the Lot between the parallel lines defined by extending the side lines of the
residence into the rear yard of the Lot, and (iii) any swing and slide sets are constructed of wood.
Metal swing and slide sets are prohibited. Prior approval by the Architectural Control
Committee of the design, location, color, material and use of any equipment greater than eight
(8) feet in height shall be required.
Section 5.27 Plumbing. All plumbing vent stacks are to be located on the rear of the
Residence unless an alternative location is approved by the Architectural Control Committee.
Section 5.28 Subsurface Drains and Sump Pump Discharges. Subsurface drains may
have been provided in certain areas within drainage easements as additional storm and ground
water drainage sources and are part of the public storm drainage system. Subsurface drain
laterals have been provided on specific Lots, and the Builder on such Lots shall connect all sump
pump discharge lines to such laterals. All maintenance and repair of all sump pump discharge
lines and subsurface drain laterals shall be the responsibility of each Lot Owner in accordance
with the following:
(A) The areas of Owner responsibility include all sump pump lines and
subsurface drain laterals between the connection at the sump pump within the home and
the connection with the publicly maintained storm sewer or subsurface drain within the
drainage easement.
(B) In cases where subsurface drain laterals are connected along a common
property line before connecting to the storm sewer, maintenance and repair of the
common lateral will be shared equally by the adjacent Owners unless an individual
Owner caused the lateral to be damaged, changed or altered.
(C) Any Owner or Builder damaging, changing, or altering these subsurface
drains or common subsurface drain laterals shall be responsible for such action and will
be given ten (10) days’ notice, by registered mail, to repair said damage, after which
time, if no action is taken, the appropriate jurisdictional agency, Declarant or the
Association may cause said repairs to be accomplished and the invoice for such repairs
will be sent to the responsible Owner(s) and/or Builder(s) for immediate payment. If
immediate payment is not received, the amount owed shall be a lien on the subject Lot
and Residence and the Declarant and/or the Association shall have all the rights and
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remedies to collect any outstanding amounts as outlined hereafter in Article X of this
Declaration.
Section 5.29 Swimming Pools and Hot Tubs. Only permanent, in-ground, professionally
constructed pools, which are approved by the Architectural Control Committee, shall be
permitted upon a Lot. All submittals to the Architectural Control Committee shall include
landscape plans. All backyard pools shall be oriented to minimize the potential effect on
neighboring Lots, shall be enclosed by a fence which obstructs unauthorized access or shall have
an automatic pool cover, and shall comply with all other Applicable Laws. All fencing shall
conform to county or municipal regulations and shall be of harmonious design and subject to
Architectural Control Committee approvals. Hot Tubs must also be approved by the
Architectural Control Committee.
Sections 5.30 Tennis Courts, Racquetball Courts, Paddleball Courts and so on. Tennis
courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other
recreational facilities or sporting facilities are not permitted without the prior approval from the
Architectural Control Committee; provided, however, that basketball goals may be installed on a
Lot adjacent to driveway without Architectural Control Committee approval so long as they are
permanent and have clear fiberglass or glass backboards supported by black posts. All
submittals to the Architectural Control Committee shall include landscape plans. Independent
basketball courts may not be constructed on a Lot without written Architectural Control
Committee approval. No basketball goal or backboard shall be permitted to hang from or be
affixed to the Residence or garage. Lighted courts of any kind are prohibited. Temporary or
portable basketball goals and courts are not permitted.
Section 5.31 Vents. All metal and PVC roof or range vents shall be painted to blend with
roof color.
Section 5.32 Windows-Doors. If storm doors are installed, they must be painted to match
or compliment the exterior of the Residence, and must be approved by the Architectural Control
Committee. No unfinished aluminum doors or windows are allowed. All curtains, blinds or
other window coverings shall be tasteful and commensurate with the architecture, design and
appearance of Residences on the Property.
Section 5.33 Street Signs. Decorative street signs that do not conform to applicable
municipal standards may be installed by Declarant in the Declarant’s sole discretion. Such
decorative street signs, if any, shall be maintained by the Association, and shall be repaired or
replaced by the Association, if damaged, in accordance with Applicable Laws.
Section 5.34 Fuel Tanks. All above or below ground storage tanks, with the exception of
gas storage tanks used solely in connection with gas grills for the purpose of grilling or cooking
food, are prohibited.
Section 5.35 Garbage and Other Refuse. No Lot Owner in the Property shall burn or
permit the burning out-of-doors of garbage or other refuse, nor shall any such Owner accumulate
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or permit the accumulation out-of-doors of such refuse, including compost, on such Owner’s
Lot.
Section 5.36 Home Occupations. No Lot or Lots shall be used by an Owner, other than a
Builder or Declarant, for any purpose other than as a single-family residence, except that a home
occupation, that satisfies all requirements of all Applicable Laws, may be permitted provided
that, in addition to the requirements of Applicable Laws, any such Owner’s use is conducted
entirely within the Residence and participated in solely by a member of the immediate family
residing in said Residence, and is clearly incidental and secondary to the use of the Residence for
dwelling purposes and does not change the character thereof and in connection with which there
is (i) no sign or display that will indicate from the exterior that the Residence is being utilized in
whole or in part for any purpose other than that of a dwelling; (ii) no commodity sold upon the
premises; (iii) no person is employed other than a member of the immediate family residing in
the Residence; and (iv) no manufacture or assembly operations are conducted. Provided,
however, that in no event shall a child day care, barber shop, styling salon, animal hospital, any
form of animal care or treatment such as dog trimming, or any other similar activities be
permitted as a home occupation. The foregoing notwithstanding, the Declarant and Builders shall
be permitted to operate sales and construction trailers, model homes, and sales offices.
Section 5.37 Open Drainage Ditches and Swales. The following shall apply to open
ditches and swales (ditches) along dedicated roadways or within rights of way or established
drainage easements:
(A) Drainage swales (ditches) along dedicated roadways or within rights-of-
way or established drainage easements, shall not be altered, dug out, filled in, tiled, or
otherwise changed, without the written permission of the appropriate jurisdictional
agency and the Association. Owners must maintain these swales as grass ways or other
non-eroding surfaces. Any damage to swales or drainage structures must be repaired or
replaced by the Owner causing such damages.
(B) Any Owner or Builder altering, changing, or damaging such drainage
swales or ditches shall be responsible for such action and will be given ten (10) days
notice, by registered mail, to repair said damage, after which time, if no action is taken,
the appropriate jurisdictional agency, the Declarant or the Association may cause said
repairs to be accomplished and the invoice for such repairs shall be sent to the
responsible Owners for immediate payment. If immediate payment is not received by the
Association, the amount owed, together with reasonable attorney’s fees, shall be a lien on
the subject Lot and the Association shall have all the rights and remedies to collect any
outstanding amounts as outlined hereafter in Article X of this Declaration.
Section 5.38 Roofing Materials. The roofing materials on all Residences shall be of a
quality, style and composition acceptable to the Architectural Control Committee.
Section 5.39 Solar Panels. Solar panels shall not be permitted on any Residence unless
the solar panel is approved by the Architectural Control Committee. The Architectural Control
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Committee, in reviewing a request for a solar panel, shall consider landscaping, location, size,
aesthetics, and the visibility of the solar panel.
Section 5.40 Parking of Vehicles. No trucks one (1) ton or larger in size, campers,
trailers, motor homes, boats, snowmobiles, jet ski or similar vehicles shall be parked on any
street in the Property. Any recreational vehicle or trailer, camper, snowmobile, jet ski, or boat
shall not be permitted to remain on any driveway or Lot except within a closed garage and shall
not be regularly parked upon unpaved areas. There shall be no outside storage of commercial
trucks, trailers, boats, junk or inoperable cars, or fuel tanks. At no time shall any vehicle be
parked in such a way as to block pedestrian access along the public sidewalk adjacent to the
street, or prevent mail delivery, or prevent access to any driveway. Each Owner shall be
responsible for his or her own vehicles as well as those vehicles belonging to the Owner’s guests.
Section 5.41 Wells. Water wells, which are approved by the Architectural Control
Committee and may be used only for irrigating lawns and landscaping, may be drilled on Lots
and Common Areas so long as the water from such wells will not discolor sidewalks or concrete
and, in the event of such discoloration, the responsible Owner shall be liable and responsible for
all clean-up costs. All wells must comply with all Applicable Laws. All well equipment, tanks,
pumps and other related infrastructure shall be underground. Well heads shall not be located in
front yards or side yards, and shall be properly screened and landscaped.
Section 5.42 Occupancy or Residential Use of Partially Completed Residence Prohibited.
No Residence constructed on any Lot shall be occupied or used for residential purposes or
human habitation until a certificate of occupancy therefore has been issued.
Section 5.43 Sidewalks. Owners, at their expense, shall be responsible for installing
sidewalks along and within the segment of the Street adjacent to their Lot.
Section 5.44 Construction and Landscaping; Time Requirements; Divestiture; Penalties.
All construction upon, landscaping of, and other improvements to a Lot shall be completed
strictly in accordance with a Lot development plan approved by the Committee. All landscaping
specified on the landscaping plan approved by the Committee shall be installed on the Lot
strictly in accordance with such approved plan within sixty (60) days following substantial
completion of the Residence, unless delayed due to adverse weather conditions.
Section 5.45 Septic Systems. No septic tank, absorption field, or any other on-site sewage
disposal system shall be installed or maintained on any Lot.
ARTICLE VI
ARCHITECTURAL CONTROLS
Section 6.1 Approvals. Approvals, determinations, permissions, or consents required
herein shall be deemed given only if they are given in writing and signed, by an authorized
member of the Declarant with respect to approvals to be obtained from the Declarant, by an
officer of the Association with respect to approvals to be obtained from the Association and by a
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member of the Architectural Control Committee with respect to approvals to be obtained from
the Architectural Control Committee. The Architectural Control Committee may, in its
discretion, unilaterally promulgate written architectural and design Architectural Control
guidelines (the “Guidelines”) which shall be binding upon the Owners.
Section 6.2 Architectural Control Committee. An Architectural Control Committee,
composed of at least three (3) members, shall exist and shall be appointed by the Declarant until
the end of the Development Period, and appointed by the Board of Directors thereafter. Such
members shall be subject to removal by the Declarant at any time, with or without cause, until
the end of the Development Period, and subject to removal by the Board of Directors at any
time, with or without cause, thereafter. Any vacancies from time to time shall be filled by
appointment by the Declarant until the end of the Development Period, and by appointment by
the Board of Directors thereafter.
Section 6.3 Duties of Architectural Control Committee. The Architectural Control
Committee shall approve or disapprove proposed improvements within thirty (30) days after all
required information has been submitted to the Architectural Control Committee. The
Architectural Control Committee, for its permanent files, shall retain one copy of submitted
material. All notifications to applicants shall be in writing and, in the event that such notification
is one of disapproval, the requesting applicant may re-apply with changes. If, however, approval
has not been received by the applicant in writing within thirty (30) days, then said request shall
be deemed denied.
Section 6.4 Exercise of Discretion. Declarant intends that the members of the
Architectural Control Committee shall exercise discretion in the performance of their duties
consistent with the provisions of this Declaration, and every Owner by the purchase of a Lot
shall be conclusively presumed to have consented to the exercise of discretion by such members
of the Architectural Control Committee. In any judicial proceeding challenging a determination
by the Architectural Control Committee and in any action initiated to enforce this Declaration in
which an abuse of discretion by the Architectural Control Committee is raised as defense, abuse
of discretion may be established only if a reasonable person, weighing the evidence and drawing
all inferences in favor of the Architectural Control Committee, could only conclude that such
determination constituted an abuse of discretion.
Section 6.5 Inspection. The Architectural Control Committee may inspect work being
performed without the Owner's permission to verify compliance with the Declaration.
Section 6.6 Liability of Architectural Control Committee, Declarant and Association.
Neither the Architectural Control Committee nor any agent thereof, nor the Declarant, or the
Association shall be liable in any way for any costs, fees, damages, delays, or any charges or
liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor shall
the Architectural Control Committee, Declarant or Association be responsible in any way for any
defects in any plans, specifications or other materials submitted to it, or for any defects in any
work done according thereto. Further, the Architectural Control Committee, Declarant and
Association make no representation or warranty as to the suitability or advisability of the design,
the engineering, the method of construction involved, whether the improvements result in any
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encroachments, the compliance of proposed plans with Applicable Laws, or the materials to be
used. All parties should seek professional construction advice, engineering, and inspections of
each Lot prior to purchasing the Lot, commencing original construction on said Lot or installing
any fences, landscaping, additions, remodeling or other improvements on said Lot.
Section 6.7 Common Areas Entrances, Street Signs, and Landscape Easements. None of
the following shall be installed or constructed without prior written approval thereof by the
Architectural Control Committee: (i) any landscaping, fences, structures, lighting, walking trails,
sidewalks, or other improvements located in any Common Area, landscape maintenance access
easement, landscape easement or sign easement, (ii) any entrance monument or signage
identifying the Property or any section thereof and (iii) street signage.
Section 6.8 Lot Improvements. No Residence, dwelling, building structure, fence, deck,
driveway, swimming pool, rear yard tennis or basketball courts, or improvement of any type or
kind (including significant landscaping or stacking of wood) shall be constructed or placed on
any Lot without the prior approval of the Architectural Control Committee. The Architectural
Control Committee’s determination may be obtained only after the Owner of the Lot requesting
authorization from the Architectural Control Committee has made written application to the
Committee. Such written application shall be in the manner and form prescribed from time to
time by the Architectural Control Committee, and shall by accompanied by two (2) complete
sets of plans and specifications for any such proposed construction or improvement. Such plans
shall include plot plans showing (i) the location of the improvements existing upon the Lot and
the location of the improvement proposed to be constructed or placed upon the Lot, each
properly and clearly designated and (ii) all easements, setbacks, and rights-of-way and (iii) any
landscape plans required by the Architectural Control Committee. Such plans and specifications
shall further set forth the color and composition of all exterior materials proposed to be used and
any proposed landscaping, together with any other materials, photographs, or information, which
the Architectural Control Committee may require. The exterior materials proposed to be used
and the proposed landscaping shall comply with the Guidelines, unless otherwise approved by
the Architectural Control Committee. All building plans and drawings required to be submitted
to the Architectural Committee shall be drawn to a scale of 1/4" = 1' and all plot plans shall be to
a scale of 1" = 10', or to such other scale as the Architectural Control Committee shall deem
appropriate. It is also recommended that a certified survey be prepared to insure that there are no
encroachments onto adjacent Lots or Common Areas. If an Owner has encroached on an
adjacent Owner's property or in a Common Area, the encroaching Owner must, at his or her own
expense, move any fence or other improvement(s) so as to eliminate the encroachment, except
for connecting a fence to an existing fence on an adjoining Lot located within six inches of the
property line pursuant to Section 5.9 of this Declaration.
Section 6.9 Power of Disapproval. The Architectural Control Committee may refuse to
grant permission to construct, place or make the requested improvement with or without cause.
By way of example only, common grounds for denial include, but are not limited to, a deficiency
in or absence of the following:
(A) The plans, and specifications, required to be submitted; and
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(B) The consistency of the design, color scheme, and square footage of a
proposed improvement with the general surroundings of the Lot or with adjacent
buildings or structures.
Section 6.10 Power to Grant Variances. The Architectural Control Committee may allow
reasonable variances or adjustments of this Declaration where literal application would result in
unnecessary hardship, but any such variance or adjustment shall be granted in conformity with
the general intent and purposes of this Declaration, no variance or adjustment shall be granted
which is materially detrimental or injurious to other Lots, and any such variance granted shall
not be considered as precedent setting.
Section 6.11 Statement of Purposes and Powers. Subject to this Declaration and the
restrictions contained herein, the Architectural Control Committee shall regulate the external
design, appearance, use, location and maintenance of lands and improvements thereon in such a
manner as to preserve and enhance values and maintain a harmonious relationship among
structures and the natural vegetation and topography.
Section 6.12 Notice of PUD Architectural Standards. Notice is hereby given that the
Property is subject to the PUD and that the PUD requires compliance with the PUD
Architectural Standards, which shall be in addition to the requirements set forth above in this
Article VI and elsewhere in this Declaration. Notice is further given as follows:
(A) The PUD Architectural Standards are not subject to the provisions set
forth in this Declaration related to the amendment of this Declaration, and the PUD
Architectural Standards cannot be amended or varied pursuant to the provisions set forth
in this Declaration (i) for the amendment of this Declaration or (ii) for obtaining
variances from the Guidelines, standards and/or requirements of this Declaration;
instead, the PUD Architectural Standards can be amended or varied only in the manner
specified in the PUD.
(B) Amending the PUD Architectural Standards or obtaining variances from
the PUD Architectural Standards requires compliance only with the applicable
provisions of the PUD and does not also require compliance with the provisions set forth
in this Declaration (i) for the amendment of this Declaration or (ii) for obtaining
variances from the Guidelines, standards and/or requirements of this Declaration.
ARTICLE VII
CONTIGUOUS LOTS
Section 7.1 Rules Governing Building on Contiguous Lots Having One Owner.
Whenever two or more contiguous Lots shall be owned by the same person, and such Owner
shall desire to use two or more of said Lots as a site for one, single Residence, such Owner must
apply in writing to the Architectural Control Committee for permission to so use said Lots. If
permission for such a use shall be granted, the Lots constituting the site for such one, single
Residence shall be treated as a single Lot for the purpose of applying this Declaration to said
20
Lots, so long as the Lots remain improved with only one, single Residence; provided, however,
that with respect to the combined Lots, the Owner of the combined Lots shall be obligated to pay
Annual Assessments, One-Time Assessments, and Special Assessments for each originally
platted Lot constituting the combined Lots, and such Annual Assessments, One-Time
Assessments, and Special Assessments shall be a lien on the combined Lots, all per the terms
and conditions of Article X below. In addition, the Owner must obtain all requisite and necessary
permits and approvals required pursuant to Applicable Laws.
ARTICLE VIII
USE AND OWNERSHIP OF COMMON AREA
Section 8.1 Ownership. A license, upon such terms, conditions, rules and regulations as
the Board of Directors, shall from time to time promulgate, for the use and enjoyment of the
Common Areas, is hereby granted to the Owners and their family, guests, tenants or contract
purchasers. Every Owner shall have a nonexclusive right and easement of enjoyment in
common with all other Owners, in and to the Common Areas, which nonexclusive right and
easement of enjoyment shall be appurtenant to and pass with the title to every Lot.
Section 8.2 Use. All Common Areas shall be used for such purposes deemed appropriate
by the Declarant until the end of the Development Period and following the end of the
Development Period, all Common Areas shall be used for such purposes as deemed appropriate
by the Association.
Section 8.3 Non-dedication. Neither the Declarant’s execution nor recording of the Plats
nor the doing of any other act by the Declarant is, or is intended to become or shall be construed
as, a dedication to the public of any Common Area.
ARTICLE IX
GRANNAN GROVE HOMEOWNERS ASSOCIATION, INC.
Section 9.1 Association Duties. The duties of the Association shall include the following:
(i) the promotion of the recreation, health, safety, and welfare of the residents in the Property, (ii)
the maintenance and repair of the Common Areas including, but not limited to, any and all
lighting, landscaping, and sidewalks located thereon, (iii) the maintenance and repair of any and
all entrance monuments, water features, Ponds, signage, and the landscaping surrounding such
entrances monuments and signage, (iv) maintenance and repair of all street signage, street
lighting, and all improvements and landscaping existing in any landscape maintenance access
easement and any sign landscape easement, (v) the performance of any other obligations and
duties of the Association specified in this Declaration. The foregoing provisions of this Section
9.1 notwithstanding, an Owner shall be responsible and liable for any damage to any Common
Areas or improvements thereon caused by such Owner or such Owner’s agent, contractor, or
guest, and the costs of repair or replacement necessitated by such damage shall be immediately
21
paid by the Owner to the Association and may be assessed as a Violation Assessment and
enforced per the terms of Article X below.
Section 9.2 Board of Directors. Prior to the end of the Development Period, members of
the Board of Directors shall be appointed by the Declarant, vacancies in the Board of Directors
shall be filled by the Declarant, and members of the Board of Directors may be removed and
replaced by the Declarant, at any time and for any reason. After the end of the Development
Period, the Owners shall elect a Board of Directors as prescribed by the Association's Articles of
Incorporation, and the Association’s Bylaws. The Board of Directors shall manage the affairs of
the Association. Directors need not be members of the Association.
Section 9.3 Classes of Membership and Voting Rights. The Association shall have the
following two classes of voting membership:
(A) Class A. Class A members shall be all Owners with the exception of the
Declarant. Class A members shall be entitled to one (1) vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall be members.
The vote for such Lot shall be exercised as the members holding an interest in such Lot
determine among themselves, but in no event shall more than one vote be cast with
respect to any Lot.
(B) Class B. The Class B member shall be the Declarant. At all times prior to
expiration of the Class B Membership, as provided below in this Section 9.3 (B), the
Class B member shall have the same number of votes at any meeting in which votes are
to be taken as is held collectively by all Class A members, plus one hundred (100)
additional votes. The Class B Membership shall terminate and be converted to Class A
Membership and the Development Period shall expire upon the happening of the earlier
of the following:
(i) When the Class B member no longer owns any portion of the
Property; or
(ii) December 31, 2050
(iii) When, in its sole discretion, the Declarant expressly specifically
terminates and waives in writing its right to Class B Membership. The Declarant
reserves the right to assign some of its rights and obligations under this
Declaration without terminating the Development Period and without terminating
or waiving its right to Class B Membership.
Section 9.4 Membership. Initially, the person(s) who serve as incorporator(s) of the
Association shall be the member(s) members of the Association (the "Initial Member(s)"). The
Initial Member(s) shall remain member(s) of the Association until the Association Articles of
Incorporation are accepted by the Indiana Secretary of State, at which time the Initial member(s)
shall cease to be member(s) unless they also qualify as Class A or Class B members. Every
Owner of a Lot shall be a member of the Association. Apart from the Initial member(s), a
22
membership in the Association shall be appurtenant to and may not be separated from ownership
of any Lot.
Section 9.5 Professional Management. No contract or agreement for professional
management of the Association, nor any other contract to which the Association is a party, shall
be for a term in excess of three (3) years. Any such agreement or contract shall provide for
termination by either party with or without cause and without payment of any termination fee
upon written notice of ninety (90) days or less.
ARTICLE X
ASSESSMENTS
Section 10.1 Creation of Lien and Personal Obligation of Assessments. Each Owner of
any Lot, except the Declarant or a Builder, by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the
following (collectively the “Assessments”):
(A) Annual Assessments (hereafter defined);
(B) One-Time Assessment (hereafter defined);
(C) Special Assessments (hereafter defined); and
(D) Violation Assessments (hereafter defined) levied for a violation of this
Declaration.
Section 10.2 Annual Budget. By majority vote of the Board of Directors, the Board of
Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for the
allocation of expenses in such a manner that the obligations imposed by the Declaration (the
“Annual Budget”).
Section 10.3 Annual Assessment.
(A) Amount and Due Dates. The Annual Assessment provided for herein shall
be per calendar year, shall commence for each Lot on the date of closing of the sale of
such Lot to an Owner other than the Declarant or a Builder. The Annual Assessment,
commencing during the calendar year in which the first Lot is conveyed to an Owner
other than the Declarant or a Builder, shall be One Thousand, Four Hundred Fifty and
00/100 dollars ($1,450.00), or the then prevailing amount of the Annual Assessment, per
Lot, per year and shall be pro-rated to year-end. The Board of Directors shall fix any
increase in the amount of the Annual Assessment at least thirty (30) days in advance of
the effective date of such increase. Unless pro-rated as set forth above for the first Annual
Assessment due with respect to the sale of a Lot to an Owner other than the Declarant or
a Builder, the due date for Annual Assessments shall be January 1st of each calendar year,
and such Assessment shall be subject to collection and late charges beginning on January
31st of each calendar year.
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(B) Purpose of Assessments. The Annual Assessment levied by the
Association shall be used in the reasonable discretion of the Board of Directors to fulfill
the duties and obligations of the Association specified in this Declaration including,
without limitation, (i) the obligation to maintain and repair all Common Areas and all
improvements located therein, (ii) the establishment of a reserve for replacement, to be
separately maintained in an FDIC insured account with a financial institution, to fund
significant capital expenditures, maintenance, repair and replacement of all Common
Areas, including, without limitation, all water features, landscaping, signs, lighting and
other improvements within the Common Areas, (iii) to pay insurance premiums for
casualty insurance insuring the improvements in the Common Area, and for errors and
omissions insurance pertaining to the actions of the Board of Directors and Officers of
the Association and (iv) the costs of professional management to manage the
Association, if engaged.
(C) Method of Assessment. Prior to the end of the Development Period, the
Board shall, by a vote of a majority of the Board without notice to or approval or a vote
by the members of the Association, and on the basis specified above, fix the Annual
Assessment for each assessment year of the Association at an amount sufficient to meet
the Annual Budget. The Board shall establish the date(s) and frequencies the Annual
Assessment shall become due, and the manner in which it shall be paid. As set forth
above, the initial Annual Assessment shall be One Thousand, Four Hundred Fifty and
00/100 dollars ($1,450.00) and the Annual Assessment may increase or decrease each
year in order to satisfy the Annual Budget as determined by the Board of Directors in its
sole discretion.
After the end of the Development Period, the Annual Budget must reflect the
estimated revenues and expenses for the budget year, and the estimated surplus or deficit
as of the end of the current budget year. The Association shall provide each Owner with:
(1) a copy of the proposed Annual Budget; or (2) written notice that a copy of the
proposed Annual Budget is available upon request at no charge to the Owner. At the
same time, the Association shall provide each Owner with a written notice of the amount
of any increase or decrease in the Annual Assessment paid by the Owners that would
occur if the proposed Annual Budget is approved. After all of the foregoing take place,
the Association shall hold a meeting pursuant to the following subparagraph (i) and (ii):
(i) After the end of the Development Period, and subject to
subparagraph (ii) below, the Annual Budget must be approved at a meeting of the
members of the Association by a majority of the members of the Association in
attendance at a meeting called and conducted in accordance with the requirements
of this Declaration, the Association’s Articles of Incorporation and the
Association’s By-Laws. For purposes of this meeting, a member of the
Association is considered to be in attendance at the meeting if such member
attends: (1) in person; (2) by proxy; or (3) by any other means allowed under
Indiana law or under this Declaration, the Association’s Articles of Incorporation
or the Association’s By-Laws.
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(ii) If the number of members of the Association in attendance at the
meeting held under subparagraph (i) above does not constitute a quorum as
defined in the Association’s By-Laws, the Board may adopt an Annual Budget for
the Association for the ensuing year in an amount that does not exceed one
hundred ten percent (110%) of the amount of the last approved annual budget last
approved by the Association.
Section 10.4 One-Time Assessment. Upon the closing of the initial conveyance of each
Lot to an Owner other than Declarant or a Builder, the purchaser of such Lot and/or Residence
shall pay to the Association, in addition to any other amounts then owed or due to the
Association, as a contribution to its working capital and start-up fund, an amount of two hundred
fifty dollars ($250.00) against such Lot, which payment shall be non-refundable and shall not be
considered as an advance payment of any Assessment or other charge owed the Association with
respect to such Lot. Such working capital and start-up fund shall be held and used by the
Association for payment of, or reimbursement to Declarant for advances made to pay, expenses
of the Association for its early period of operation, to enable the Association to have cash
available to meet unforeseen expenditures, or to acquire additional equipment or services
deemed necessary by the Board.
Section 10.5 Special Assessment. In addition to such other Special Assessments as may
be authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for
the purpose of enforcing these covenants and restrictions, for legal expenses, for collection
expenses, for the costs of undertaking other activity that is the responsibility of an Owner
hereunder but which such Owner has not undertaken as required hereunder, for defraying, in
whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital
improvement which the Association is required to maintain and for operating deficits which the
Association may from time to time incur.
Section 10.6 Violation Assessment. In addition to all other Assessments authorized
herein, the Board of Directors may levy a Violation Assessment to an Owner, (i) for a violation
of this Declaration or (ii) for damages if any portion of the Common Area that the Association is
obligated to maintain, repair and/or replace is damaged due to the willful or negligent act or
omission of such Owner or Owner's guest, invitee, tenant or contract purchaser. In the event of
such damage, the Board shall have the right to undertake the necessary maintenance, repair or
replacement. The choice between repair or replacement is in the sole discretion of the Board.
Section 10.7 Basis for Assessment.
(A) Lots Generally. Each Lot owned by a Person other than Declarant or a
Builder shall be assessed at a uniform rate without regard to whether a Residence has
been constructed upon the Lot.
(B) Lots Owned by Declarant. Neither the Declarant nor any Builder shall be
required to pay any Annual Assessments, One-Time Assessments or Special Assessments
so long as any Residence constructed upon a Lot by Declarant or a Builder has not been
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either conveyed to an Owner intending to occupy or rent said Residence as a residence or
leased to an individual or an entity for use as a Residence.
Section 10.8 Notice and Due Date. Written notice of Special Assessments and such other
Assessment notices as the Board of Directors shall deem appropriate shall be delivered to every
Owner subject to such Assessment. The due dates for all Assessments shall be established by the
Board of Directors.
Section 10.9 Assessment Liens. All Assessments, together with interest thereon,
attorney’s fees, and other costs of collection permitted by this Declaration to be collected, shall
be a charge on the land and shall be a continuing lien, until paid in full, upon the Lot against
which each Assessment is made. Each Assessment, together with interest thereon and costs of
collection thereof, including reasonable attorney fees, shall also be the personal obligation of the
Owner of the Lot at the time when the Assessment became due.
Section 10.10 Failure of Owner to Pay Assessments. No Owner, by waiver of the use or
enjoyment of the Common Areas, or by abandonment of the Residence belonging to such
Owner, may exempt himself or herself from paying Annual Assessments, One-Time
Assessments, Special Assessments, or Violation Assessments, or from contributing toward the
expenses of administration or maintenance and repair of the Common Areas, or from any other
expense lawfully agreed upon. Each Owner shall be personally liable for the payment of all
Annual Assessments, One-Time Assessments, Special Assessments, Violation Assessments and
all other charges applicable to such Owner and such Owner’s Lot. Where the Owner constitutes
more than one Person, the liability of such Persons shall be joint and several. If any Owner shall
fail, refuse or neglect to make any payment of any Annual Assessments, One-Time Assessments,
Special Assessments, or Violation Assessments when due, the lien for such Assessment on the
Owner's Residence may be foreclosed by the Association in the same manner as mortgages are
foreclosed in the State of Indiana or as otherwise specified under the Applicable Laws. Upon the
failure of an Owner to make payments of any Annual Assessments, One-Time Assessments,
Special Assessments, or Violation Assessments within ten (10) days after such are due, the
Board of Directors, in its sole discretion and regardless of whether litigation is commenced, may:
(1) impose a uniform late charge, which will be considered an addition to the
Assessment, in an amount to be determined by the Board of Directors of up to
twenty-five percent (25%) of the amount of the Assessment;
(2) accelerate the entire balance of the unpaid Assessments for the remainder of the
fiscal year and declare the same immediately due and payable, notwithstanding
any other provisions hereof to the contrary;
(3) require that, in addition to the delinquent Assessment and any applicable late
charge, the Owner of the respective Residence also pay (i) any attorney’s fees
incurred incident to the collection of the delinquent Assessment and (ii) collection
costs incurred by the Association to the managing agent for processing delinquent
Owners’ accounts;
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(4) suspend such Owner's right to use the Common Areas as provided in the Indiana
Nonprofit Association Act of 1991, as amended; and
(5) suspend an Owner's right to vote if such Owner is more than six (6) months
delinquent.
In any action to foreclose the lien for any Assessments, the Board of Directors shall be entitled to
the appointment of a receiver for the purpose of preserving the Residence and to collect the
rentals and other profits therefrom for the benefit of the Association to be applied to any unpaid
Annual Assessments, One-Time Assessments, Special Assessments, or Violation Assessments.
The Board of Directors may, at its option, bring a suit to recover a money judgment for any
unpaid Annual Assessments, One-Time Assessments, Special Assessments, or Violation
Assessments without foreclosing or waiving the lien securing the same. In any action to recover
an Annual Assessment, One-Time Assessment, Special Assessment, and Violation Assessment,
whether by foreclosure or otherwise, the Board of Directors, for and on behalf of the
Association, shall be entitled to recover costs and expenses of such action incurred, including but
not limited to collection costs incurred by the Association to the managing agent for processing
delinquent Owners' accounts and reasonable attorney's fees, from the Owner of the respective
Residence.
Section 10.11 Certificates. The Association shall, upon reasonable request by an Owner,
at any time, furnish a letter in writing signed by an officer of the Association, indicating the
accounting status of Assessments on a Lot, and showing the balance due the Association, if any.
Section 10.12 Subordination of the Lien to Mortgages. The Sale or transfer of any Lot
shall not affect the lien of Assessments levied under this Article X; provided, however, (i) that
the lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of
any recorded, first mortgage covering such Lot and (ii) that the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding or deed in lieu thereof, while not relieving
the Owner at the time the Assessment was due of personal liability therefore, shall extinguish the
lien of such Assessments which became due or are attributable to the period of time prior to such
sale or transfer. No such sale or transfer, however, shall relieve such Lot from liability for any
Assessments thereafter becoming due or from the lien thereof.
ARTICLE XI
REMEDIES
Section 11.1 Delay or Failure to Enforce. No delay or failure on the part of any
aggrieved party to invoke any available remedy with respect to a violation of any one or more of
covenants, conditions, and restrictions in this Declaration shall be held to be a waiver by that
party or an estoppel of that party of any right available to such party upon the occurrence,
reoccurrence or continuation of such violation or violations of this Declaration.
Section 11.2 In General. The Association, the Declarant and/or any Owner, may
proceed at law or in equity to prevent the occurrence or continuation of any violation of these
27
Restrictions, or to compel compliance with these restrictions and covenants, and shall be entitled
to recover costs of collection and reasonable attorney's fees; however, neither the Declarant, nor
the Association, shall be liable for damages of any kind to any person for failing either to abide
by, enforce, or carry out any terms, conditions, or restrictions contained in this Declaration.
ARTICLE XII
EFFECT ON BECOMING AN OWNER
Section 12.1 The Owner(s) of any Lot subject to this Declaration, by acceptance of a
deed conveying title thereto, or by virtue of the execution of a contract for the purchase thereof,
whether from Declarant, a Builder, or a subsequent Owner of such Lot, shall accept such deed
and execute such contract subject to each and every covenant, condition, and restriction
contained in this Declaration. By acceptance of such deed or execution of such contract, each
Owner acknowledges the rights and powers of the Declarant, the Architectural Control
Committee, and the Association contained in this Declaration, and also, for themselves, their
heirs, personal representatives, successors and assigns, such Owner(s) covenant and agree and
consent to and with the Declarant, the Architectural Control Committee, and the Association to
keep, observe, comply with and perform such covenants, conditions, and restrictions contained
in this Declaration.
ARTICLE XIII
TITLES
Section 13.1 The titles preceding the various Sections and paragraphs of this Declaration
are for convenience of reference only and none of them shall be used as an aid to the
construction of any provisions of this Declaration. Wherever and whenever applicable, the
singular form of any word shall be taken to mean or apply to the plural, and the masculine form
shall be taken to mean or apply to the feminine or to the neuter.
ARTICLE XIV
MISCELLANEOUS
Section 14.1 Severability. Invalidation of any one of the covenants, restrictions or
provisions contained in this Declaration by judgment or court order shall not in any way affect
any of the other provisions hereof, which shall remain in full force and effect. No delay or failure
by any person to enforce any of the restrictions or to invoke any available remedy with respect to
a violation or violations thereof shall under any circumstances be deemed or held to be a waiver
by that person of the right to do so thereafter, or as estoppel of that person to assert any right
available to him upon the occurrence, recurrence or continuation of any violation or violations of
the restrictions.
Section 14.2 Statute of Frauds. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
28
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now living descendants of George Herbert Walker Bush,
former President of the United States of America.
Section 14.3 Duration. This Declaration and its covenants and restrictions are for the
mutual benefit and protection of the present and future Owners, the Association, and Declarant,
and shall run with the land and shall be binding on all parties and all Persons claiming under
them until January 1, 2070, at which time said covenants and restrictions shall be automatically
extended for successive periods of ten (10) years unless changed per the terms of Article XVI
below.
ARTICLE XV
DECLARANT'S RIGHTS
Section 15.1 Any and all of the rights and obligations of the Declarant set forth in this
Declaration may be transferred, in whole or in part, to other persons or entities, provided that the
transfer shall not reduce an obligation nor enlarge a right beyond that contained in this
Declaration. No such transfer shall be effective unless it is in a written instrument signed by the
Declarant and duly recorded with the Recorder of Hamilton County, Indiana.
Section 15.2 Nothing in this Declaration shall be construed or applied in a manner that
limits or restricts the Declarant or the Builder in the development of the Property or the
construction of Residences within the Property. Therefore, notwithstanding anything in this
Declaration to the contrary, the Declarant and Builder may maintain and carry out upon any
portion of the Property, including any Common Area, Lot, and/or such facilities and activities as,
in the opinion of the Declarant or Builder, may be reasonably required, convenient, or incidental
to the development of the Property and the construction or sale of Residences including, without
limitation, business offices, signs, model units, sales offices, and sales and construction trailers.
ARTICLE XVI
AMENDMENT TO THIS DECLARATION
Section 16.1 Except as expressly prohibited in this Declaration, this Declaration may be
amended or modified from time to time and at any time by an instrument recorded in the Office
of the Recorder of Hamilton County, Indiana, approved and signed by at least seventy-five
percent (75%) of the then Owners. Provided, however, that none of the rights or duties of
Declarant reserved or set out hereunder may be amended or changed without Declarant's prior
written approval. Until the end of the Development Period, this Declaration may also be
amended unilaterally, from time to time and at any time, without notice or vote, by Declarant in
the Declarant’s sole discretion. Notwithstanding anything herein to the contrary, amending or
varying the PUD Architectural Standards does not require compliance with the provisions in this
Article XVI for the amendment of the Declaration; instead, as more fully set forth in Section
6.12 above, amending or varying the PUD Architectural Standards requires compliance only
with the applicable provisions of the PUD.
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(signature page follows)
30
IN TESTIMONY WHEREOF, witness the signature of the Declarant of this
Declaration as of the date first above written.
DECLARANT:
GRANNAN GROVE DEVELOPER, LLC, an Indiana
limited liability company
By: Platinum Properties Management Company, LLC, an
Indiana limited liability company, its Manager
By:
Steven R. Edwards,
Vice President – Chief Financial Officer
STATE OF INDIANA)
) SS:
COUNTY OF )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
Steven R. Edwards, the Vice President – Chief Financial Officer of Platinum Properties
Management Company, LLC, the Manager of Grannan Grove Developer, LLC, who executed
the foregoing Declaration for and on behalf of said this ____ day of _________________, 2015.
______________________________
Notary Public
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law –
Steven R. Edwards.
This Instrument Prepared by: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th
Street, Suite 170, Indianapolis, Indiana, 46280.
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EXHIBIT “A”
The Property – Legal Description
A part of the Southeast quarter of Section 19, Township 18 North, Range 3 East, in Clay
Township, Hamilton County, Indiana more particularly described as follows:
Beginning at the Northwest corner of the Northeast quarter of said Southeast quarter; thence
North 89 degrees 24 minutes 07 seconds East 657.81 feet along the North line of said Southeast
quarter; thence South 00 degrees 20 minutes 18 seconds East 656.34 feet along the East line of
the Northwest quarter of the of the Northeast quarter of said Southeast quarter to the North line
of Edgewood Addition, a subdivision in Hamilton County, Indiana, the plat of which is recorded
as Instrument Number 11263, Book 3, Page 98-99, Dated: October 31, 1969 in the Office of the
Recorder, Hamilton County, Indiana; thence South 89 degrees 26 minutes 59 seconds West
657.49 feet along said North line also being the South line of said Northwest quarter of the
Northeast quarter of said Southeast quarter to the West line of the Northeast quarter of said
Southeast quarter; thence North 00 degrees 21 minutes 59 seconds West 655.79 feet along said
West line to the place of beginning, containing 9.905 acres, more or less.
EXCEPT (Right of Way Dedication Inst. No.: 2006-0005355)
A part of the Southeast quarter of Section 19, Township 18 North, Range 3 East, in Clay
Township, Hamilton County, Indiana more particularly described as follows:
Commencing at the Northeast corner of said Southeast quarter; thence South 89 degrees 24
minutes 07 seconds West 680.86 feet along the North line of said Southeast quarter; thence
South 00 degrees 35 minutes 53 seconds East 16.50 feet to the POINT OF BEGINNING of this
description; thence South 80 degrees 12 minutes 06 seconds West 128.22 feet; thence South 89
degrees 24 minutes 07 seconds West 121.75 feet parallel with said North line; thence North 84
degrees 21 minutes 35 seconds West 188.65 feet; thence North 89 degrees 24 minutes 07
seconds East 435.85 feet parallel to said North line to the place of beginning, containing 0.131
acres, more or less.
The above real estate, less the right of way dedication, is 9.774 acres, more or less.
32
EXHIBIT “B”
(Architectural Standards)
The standards set forth below in this Exhibit C Architectural Standards apply to all lots and all
dwellings constructed on the Real Estate.
Section 1. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials subject to the following provisions:
1. A brick or stone masonry wainscot (a minimum of 3’0” from the top of the
exposed foundation to the window sill) shall be provided, at a minimum, on all
elevations.
2. Cementitious Board shall not be permitted in the required wainscot area.
3. Vinyl and aluminum siding shall be prohibited.
4. Masonry shall be provided as the siding material to the top of the first floor, at a
minimum, on the north façade of the Dwelling on Lot Number 1 as identified on
Exhibit B of the PUD.
B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of
wall. This may be accomplished by including, but not limited to, any of the
following features:
1. Variations in height and depth,
2. Windows and door openings,
3. Changes in roof line or height,
4. Details and trim appropriate to the style and mass of the building,
5. Use of different materials, textures, and material placement,
6. Placement of landscaping materials and street furniture,
7. Balconies, recessed entries, and covered porches, and
8. Bays and towers.
C. Required Window Openings:
33
1. A minimum of two (2) windows per level, per façade (elevation) shall be
provided. In order to meet this requirement, each individual window, or set of
contiguous windows, must be a minimum of nine (9) square feet. A door on the
side of a Dwelling may substitute for one (1) window on the same side of the
Dwelling.
2. Habitable rooms, such as bedrooms and living rooms, shall have operable
windows with screens to take advantage of natural cross-ventilation.
3. A vent may be substituted for a window on an uninhabitable gable.
4. All windows shall be fully framed including a sill and/or cornice frame unless the
window is surrounded by Masonry material.
5. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted
metal.
6. Where practical, shutters shall match in size the windows they are intended to
cover.
D. Garage Type:
1. Dwellings shall have garages that are court-loaded, side-loaded and/or split to
permit front facing garages. No exclusively front facing garages are permitted.
2. All garages shall be attached to the Dwelling.
3. No more than half the garage doors on a Dwelling shall face the street right-of-
way. By way of example a Dwelling may have four (4) garage doors or bays in
which case two (2) would be permitted to face the street right-of-way.
4. Courtyard garage styles (i) shall be limited in use to no more than five (5)
Dwellings and (ii) shall not be permitted on Dwellings on adjacent lots.
5. Courtyard garages shall not be considered front facing (facing the street) unless
the door is within 15 degrees of parallel to the street right-of-way.
6. All garages shall be designed as an integral part of the architecture of the
dwelling, with regards to materials, trim, and detail.
7. Garage doors shall have raised panels or other decorative panels (e.g., window
panels, carriage style panels, and decorative hardware).
8. All dwellings shall have a minimum of (i) a two car garage for a one-story
Dwelling and (ii) a three-car garage for a two-story Dwelling.
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E. Chimneys: Brick or stone masonry, only and extended fully to ground provided,
however, that chimneys which protrude from inside the Dwelling may also have
cementitious board, synthetic stucco, and/or EIFS as their exterior building material.
Direct vent gas fireplaces are not required to have chimneys, but if they do, they
cannot be shed style or cantilevered chimneys.
F. Porches and Entryways:
1. Porches are not required on all Dwellings. If a porch is provided, the porch shall
be at least six feet (6’) deep with consistent materials/design with Dwelling. If no
porch is provided, the entryway shall be covered with a minimum area of sixteen
(16) square feet and deep enough to provide shelter at the front door, as well as
provide an appropriate and adequate level of detail.
2. Porches and/or entryways shall be clearly defined and should be visible as the
main focus of the front façade.
3. Porches and/or entryways shall be delineated by elements such as pilasters,
sidelights, columns, railings, etc.
G. Roofline:
1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12
(horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may
have a lower pitch.
2. The Primary Roof shall have an eleven inch (11”) overhang after installation of
siding or an eight inch (8”) overhang after installation of brick or stone masonry.
This measurement shall not include gutters.
3. All Dwellings shall include architectural-grade dimensional shingles, however,
cedar shake roofing or slate like roofing shall be a permitted alternative. Green
roofs are encouraged, as are recycled materials. Three-tab shingles are not
permitted.
4. If dormers are used, at least one (1) window or decorative louver per dormer is
required. Dormers and gables must have details such as attic bands, windows,
and/or decorative attic vents.
5. Ridge vents shall be required.
H. Fences: Fences are permitted on individual Lots and shall not be chain-link or coated
chain-link. Perimeter fences, enclosing large areas on a lot, such as a rear yard, shall
be black wrought iron or black wrought iron in appearance. Provided, however, that
other materials, such as wooden shadow box fencing, shall be allowed to screen
smaller areas, such as patios and hot tubs. Fences shall be a maximum of 42” in a
35
front yard and a maximum of 6’ in side or rear yards. Fences and/or walls shall not
be permitted in the twenty-foot buffer along 141st Street without ADLS approval
which may be granted for the entry Sign.
I. Architectural Character Imagery: The applicable character illustrations, indicating
conceptually the intended architecture and appearance of Dwellings are contained
within Exhibit D (Architectural Character Imagery) of the PUD.
Section 2. Dwelling Placement on Lots:
A. Dwellings on lots numbered 11, 12, 13 and 14 on the Development Plan / Primary
Plat shall face 141st Street.
B. The Dwelling on lot numbered 1 on the Development Plan / Primary Plat shall be
oriented with the garage doors facing away from 141st Street.
Section 3. Monotony Mitigation:
A. Front Façades: The front façade of a home on a Lot shall not be duplicated on any
other Lot in the subdivision.
B. Exterior Siding Color: No two side by side homes on contiguous lots shall have the
same exterior color on the primary structure of the home.
C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have
the same masonry color.
Section 4 Lot Lighting: All Dwellings shall have a yard light fixture to provide lighting of the
driveway near the street. The light fixture shall match the style of the light fixtures flanking the
garage door and equipped with a photo cell so the light is on from dusk to dawn.
Section 5 Parking: Two (2) spaces per Dwelling unit are required. Parking Spaces (i) within
driveways and (ii) within garages shall count toward this requirement. Driveways shall be a
minimum of thirty (30) feet in length as measured from the street right of way and vehicles shall
not be parked in a location that encroaches onto the sidewalk. Driveways shall be concrete,
stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall
not be permitted.
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