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HomeMy WebLinkAboutCovenants & Restrictions REI-JKT ON COVENANTS AND RESTRik,f IONS • For LONG BRANCH ESTATES Docket No. 108—OOPP Comes now the Petitioner, Pulte Homes of Indiana, and offers the following evidence in satisfaction of the requirements of section 5.3.7 of the Subdivision Regulations of the Cannel Plan Commission for the Town of Cannel and Clay Township for a description of the covenants and restrictions to be incorporated in the Plat of Long Branch Estates. 1. The following covenants and restrictions are to be included in the Secondary Plat of Long Branch Estates: Square Footage Minimums: The following areas do not include closed or enclosed porches, attics, finished or unfinished basements which are more than three feet below the surrounding grade, garages, or other unheated areas which are not intended for living area all year. The Architectural Review Committee shall determine from the plans if a particular area is to be included in the area of the house for purposes of this restriction: Single-story house: 1,800 s.f. One and one-half story house: First Floor 1,400 s.f. Second Floor 500 s.f. Total of both floors 1,900 s.f. Two-story house: First Floor 1,200 s.f. Second Floor 1,100 s.f. Total of both floors 2,300 s.f. Exterior Construction: All exterior materials on the house and garage must be a material other than aluminum or vinyl, except for windows. The front and sides of the home on the first floor must be substantially brick unless common building conventions prohibit its use. No aluminum or vinyl siding or soffits and no asphaltic siding of any kind shall be permitted. All masonry shall be mortared. All chimneys shall be clad on all four sides with brick or stone unless it protrudes from the interior of the home. No chimney pipes shall be exposed except to the extent required by the manufacturer or local building codes. Roof pitches shall be not less than 6 inches of rise for each 12 inches of horizontal distance from the front to the back of the roof, and 6 inches of rise for each 12 inches of horizontal distance across the front of the house, except where the style of the house dictates otherwise. All shingles shall have at least a 25-year warranty. Landscaping: All front yards, measured to the front of the house, as extended from side to side, shall be sodded. All side and rear yards shall be hydro-seeded, or may be sodded with permission of the Architectural Review Committee, but no part of the yard may be planted with the assistance of straw or other non-grass material. The minimum sizes, types, and numbers of other plant materials, including shrubs, grasses, trees, and flowers, has not yet been determined. f:files/adm/sratliff/sdegen/L.ong 11/06/00 Branch Estates/covenants&restrictions Fences: No fencing will uv permitted which has the effect of blocking the view through the fence unless required by law. All fencing material shall be, or appear to be, wrought iron, unless otherwise permitted by the Architectural Review Committee. No fencing shall be permitted closer to the front of the lot than the rear line of the house, extended to each side lot line. On corner lots, each street frontage shall be considered to be a front yard and no fencing will be permitted closer to the street than 30 feet outside the building setback lines. The maximum height of the fence shall not exceed five(5)feet without the approval of the Architectural Review Committee. Lighting: All homes will have dusk to dawn lights on either side of the garage doors. Mailboxes: All mailboxes will be of a consistent design throughout the community. Replacements of such mailbox, shall be identical to the original mailbox unless the Architectural Review Committee shall permit a deviation. 2. The following covenants and restrictions are to be included in the Declaration of Covenants and Restrictions for Long Branch Estates relating to streets and landscaping: Streets, Sidewalks, and Street Landscaping: (a) Maintenance. Declarant shall maintain all streets and curbs in good condition satisfactory for the purpose for which they were constructed until they have been accepted by the public. (b) Landscaping. All landscaping within the street rights-of-way is subject to the approval of the appropriate governmental authority. Each Owner shall cut all grass and trim all other landscaping in the rights-of-way adjoining his Lot lines and shall maintain all sidewalks in the rights-of-way nearest his Lot lines. Each Owner shall immediately replace any street trees and lighting required by this Declaration, the Plat, or any other document controlling maintenance of Lots. 3. The following covenants relating to the design of housing in Long Branch Estates, in addition to those found in the Plat, are to be found in the Declaration of Covenants and Restrictions of Long Branch Estates: Construction of Residences: (a) 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 Zoning Ordinance of the City of Carmel, Indiana 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 Long Branch Estates than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable 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. No home occupation shall be conducted or maintained on any Lot other than one which does not constitute a"special use" and which is incidental to a business, profession, or occupation of the Owner or occupant of such Lot and which is generally or regularly conducted at another location which is away from such Lot. No signs of any nature,kind or description shall be erected,placed, or permitted to remain on any Lot advertising a permitted home occupation. 2 (b) Conservation Easements 1. Declarant hereby grants, reserves and creates a"Conservation Easement" over the rear twenty-five (25)feet of certain Lots in the Subdivision,as shown on the Plat. Except as specifically provided herein,the Conservation Easement shall be restricted from any development, or any use other than as natural fields,forest lands,landscaped areas approved by the Architectural Control Committee and as a sanctuary for wildlife and wild plants and passive recreation. Actions prohibited in the Conservation Easement include, but are not limited to the following. (a) the construction or maintenance on the Conservation Easement of any buildings, structures or other improvements, other than fencing or as otherwise expressly permitted herein; (b) the dumping or other disposal of trash,garbage, or other refuse of any nature whatsoever on the Conservation Easement; (c) the cutting or clearing of timber or trees, earth moving or grading, intentional burning,or filling,except as determined necessary by the Architectural Control Committee to control or prevent imminent hazard, disease or fire; and (d) the construction,maintenance, or erection of any sign or billboard on the Conservation Easement, except for the posting of"No Trespassing" signs. 2. Declarant hereby reserves the right to install erosion control structures or devices in the Conservation Easement, and to enter onto the Conservation Easement to remove dead, dying or diseased trees, or to prevent imminent hazard or fire. 3. The Association shall enforce the provisions of this Section . Such enforcement rights shall include the right to enter onto the Conservation Easement in order to monitor compliance with and enforce the terms of this Section,including the right to repair any damage to the Conservation Easement. Any Owner that violates the provisions of this Section shall reimburse the Association for the cost incurred by the Association (I)to enforce the provisions of this Section, including reasonable attorney fees, and (ii) to repair of any damage to the Conservation Easement, including the replacement of any destroyed or damaged trees or vegetation. Such amount shall be a lien on the violating Owner's Lot, which may be foreclosed by the Association in the same manner as delinquent dues provided herein. 4. Nothwithstanding anything herein to the contrary, the provisions of this Subsection (b) Conservation Easements shall not be amended except by the written approval of one hundred percent (100%) of the Owners of all Lots in Long Branch Estates. (c) Sizes of Residences. Except as otherwise provided herein, no Residence may be constructed on any Lot unless such Residence, exclusive of enclosed or open porches, attics, garages, finished or unfinished basements which are more than three feet below the surrounding grade, or other unheated areas which are not intended for living area all year, shall contain the following minimum living areas, as determined by the Architectural Review Committee: 3 Single-story house: 1,800 s.f. One and one-half story house: First Floor 1,400 s.f. (the master bedroom is on the Second Floor 500 s.f. first floor): Total of both floors 1,900 s.f. Two-story house: First Floor 1,200 s.f. Second Floor 1,100 s.f. Total of both floors 2,300 s.f. (d) Temporary Structures. No trailer, shack, tent,boat,basement, garage or other outbuilding may be used at any time as a dwelling, temporary, or permanent, nor may any structure of a temporary character be used as a dwelling. (e) Driveways. All driveways in Longbranch shall be concrete in material. (f) Fireplace Chase. All fireplace chases and flues shall be of masonry veneer or material which is equal to or better than masonry veneer in quality and appearance. No fireplace chase shall be constructed of stucco board, wood siding, or similar materials unless protruding from the interior of the home. (g) Storage 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, shall be and hereby are prohibited. (h) 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 the Lot Development Plan approved by the Architectural Review Committee. All landscaping specified on the landscaping plan approved by the Architectural Review Committee shall be installed on the Lot strictly in accordance with such approved plan within thirty(30) days following substantial completion of the Residence unless delayed due to adverse weather conditions but in no event shall it be installed later than June 30th of the year. (i) Mailboxes. All mailboxes installed upon Lots shall be uniform in type and color. Such mailboxes shall be installed upon posts approved as to type, size, and location by the Declarant and the United States Post Office. Replacement of mailboxes shall be subject to the prior written approval of the Architectural Review Committee and shall be as nearly as reasonably possible identical to the original mailboxes and posts required by Declarant. (j) Septic Systems. No septic tank, absorption field, or any other on-site sewage disposal system(other than a lateral main connected to a sanitary sewage collection system operated by the Clay Township Regional West District or a successor public agency or public utility) shall be installed or maintained on any Lot. (k) 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, availability, or other charges lawfully established with respect to connections thereto. (1) 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 4 drainage channel or t;uL se, although no specific drainage easement for such flow of water is provided on the Plat. To the extent not maintained by the Drainage Board, "Drainage Easements"reserved as drainage swales 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. Lots within Long Branch Estates may be included in a legal drain established by the Drainage Board. In such event, each lot in Long Branch Estates will be subject to assessment by the Drainage Board for the costs of maintenance of the portion of the Drainage System and the Lake Control Structures included in such legal drain, which assessment will be a lien against the Lot. 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 title. 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. (m)Sheds. Outbuildings and sheds are specifically prohibited. Maintenance of Lots. (a) Vehicle Parking. No camper, motor home, truck, trailer, boat or disabled vehicle may be parked or stored overnight or longer on any Lot in open public view. (b) Signs. Except for such signs as Declarant may in its absolute discretion display in connection with the identification of development of Long Branch Estates 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 at any time for the purpose of advertising the property for sale, or may be displayed by a builder to advertise the property during construction and sale. (c) Fencing. No fence, wall, hedge, or 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 Review Committee and the prime root thereof is within six(6)feet of the Residence. Corner Lots shall be deemed to have two (2) front property lines. Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a"hedge". All fencing shall be wrought iron in appearance, and the Architectural Review Committee may not approve a fence which either is not wrought iron or does not have a wrought iron appearance. All fencing on a Lot shall be uniform in height, style, and color and substantially similar in material. No fence shall be erected or maintained on or within any Landscaping 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. No fence may be erected on a Lot without prior approval of the Architectural Review Committee, which shall approve or disapprove the location of all fences; provided, however, that all fencing erected on a Lot must be erected either(1) within three(3)inches of the property line of such Lot, or(ii)more than ten (10) feet from the property line of such Lot. Owners of Lots adjoining Lots on which a fence is erected within three (3) inches of the property line shall have the right to connect a fence to the fence on the adjoining Lot if the new fence satisfies all of the criteria expressed herein and is approved by the Architectural Review Committee. The Architectural Review Committee may establish further restrictions with respect to fences, including limitations on (or prohibition of)the installation of fences in the rear yard of a Lot abutting a Lake and 5 design standards for imices. All fences shall be kept in good twain No fence, wall, hedge, or shrub planting, or tree foliage which obstructs sight lines at elevations between two (2) and six(6)feet above the street shall be placed or permitted to remain on any corner Lot within the triangular area formed by the Lot lines at the streets and a line connecting points 25 feet from the intersection of said street Lot lines; and, the same rule shall apply to the intersection of a driveway with a street, in which case the edge of the driveway pavement shall be substituted for one of the street Lot lines. (d) 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. 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 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 shall constitute a nuisance. In the event of successful enforcement by an Owner, the Declarant, or an Owner 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. (e) 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 except not more than 24 hours prior to its 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. (f) 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 shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. Unless permitted by the Board of Directors of the - Association,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, etc.) shall be permitted to exist in a Residence or on a Lot without the unanimous consent of the Architectural Review 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 at any meeting. (g) Outside Burning. No trash, leaves, or other materials shall be burned upon a Lot unless the smoke therefrom would not blow upon any other Lot. Owners shall use appropriate incinerators and shall at all times be in compliance with all applicable legal requirements for outside burning. (h) Antennas and Receivers. No antenna, satellite dish, or other device for the transmission or reception of radio, television, or satellite signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors and above ground, whether attached to a building or otherwise, on any part of the Property, including Lots, without the written approval of the Architectural Review Committee, which approval shall not be unreasonably withheld;provided, however, that any such device may be installed and maintained on any 6 Lot without the necessity of such written approval if: (a) it is IIUL visible from the neighboring Lots, streets or Common Area; or(b)the Owner, prior to installation, has received the written consent of the Owners of all Lots who would have views of the device their Lots; or(c) the device is virtually indistinguishable from structures, devices, or improvements, such as heat pumps, air-conditioning units,barbecue grills,patio furniture, and garden equipment, which are not prohibited by these convents or Bylaws, or(d) it is a satellite dish two (2)feet or less in diameter and not affixed to the roof of a residence; or(e) if prohibition of the installation, use, and maintenance of such device is specifically preempted and superseded by applicable governmental authority. (i) Exterior Lights. 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. (j) 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. (k) Tennis Courts. No tennis court shall be installed or maintained on any Lot without prior written approval from the Declarant or the Architectural Review Committee. (1) Swimming Pools. No swimming pool or equipment or building related thereto shall be constructed without the prior approval of the Architectural Review Committee. The Architectural Review Committee may require, as a condition to the location of a swimming pool on a Lot, that the Owner install a mechanical pool cover. If the Board imposes such requirement, then a mechanical pool cover of a type and manufacture approved by the Architectural Review Committee shall be installed by the Owner in compliance with all applicable governmental requirements and all requirements established by the Architectural Review Committee. (m)Vacant Lots. It shall be the duty and obligation of the Owner of a vacant Lot to maintain such Lot and mow the lawn thereof. Declarant and the Association shall have the right,but not the duty, to enter upon each vacant Lot and to maintain the appearance thereof by cutting weeds, mowing grass, trimming trees,removing debris, installing erosion control devices, and performing any other act reasonable under the circumstances. The Owner shall be responsible for payment of all such expenses upon demand and the Declarant or the Association, as the case may be, shall have a lien on such Lot for the payment of such expenses, together with attorneys' fees and all other costs and expenses of litigation and collection which may be incurred in connection therewith. WHEREFORE, the Petitioner submits this Report on Covenants and Restrictions for Long Branch Estates this Co day of November , 2000. Petitioner: Pulte Homes of Indiana By: Sean D n, Vice Pr ident of Operations 7 Section 2.03. Occupancy or Residential Use of Partially Completed Dwelling House Prohibited: No dwelling house constructed on a Lot shall be occupied or used for residential purposes for human habitation until it has been substantially completed. The determination of whether a dwelling house has been "substantially completed" shall be made by Developer and the City of Carmel, Indiana, and such decision shall be binding on all parties affected thereby. Section 2.04. Protection of Non-Disturb Areas. The Developer and/or any Owner shall not take any action nor permit any individual or entity to take any action that could or would disturb the natural state of the Non- Disturb Areas. This shall not prevent an Owner from taking reasonable actions and measures to preserve and maintain the trees located in those Non-Disturb Areas or generally maintaining those Non-Disturb Areas in a healthy and safe condition; including, but not limited to, the removal of dead, clying7 decayed or dangerous trees or vegetation to prevent imminent hazard or prevent the threat of fire. The following actions and activities shall be specifically prohibited in these Non-Disturb Areas: (a) the construction or maintenance of any buildings, structures or other improvements, other than fencing or as otherwise expressly permitted herein; (b) the dumping or other disposal of trash, garbage or other refuse of any nature whatsoever in or on the Non-Disturb Areas; (c) earth moving or grading or filling; ( the cutting or clearing of timber or trees, earth moving or grading, or intentional burning, or-filling; except as determined to be necessary by the Board of Directors of the Property Owners'Association to control or prevent imminent hazard, disease or fire;and (d)(e)the construction,maintenance or erection of any sign or billboard on or in the Non-Disturb Areas. Notwithstanding the above provisions, Developer reserves the right to install erosion control structures or devices in the Non-Disturb Areas and to enter into and on the Non-Disturb Areas to remove dead,dyingg decayed or dangerous trees or vegetation or to prevent imminent hazard or the threat of fire. The Property Owners' Association shall enforce the provisions of this Section 2.04. Such enforcement rights shall include the right to enter into and on the Non-Disturb Areas in order to monitor compliance with and enforce the terms of this Section, including the right to repair any damage to the Non-Disturb Areas. Any Owner that violates the provisions of this Section shall reimburse the Property Owners' Association for the costs incurred 4 by the Property Owners' Association (a) to enforce the provisions of this Section, including, but not limited to, reasonable attorney fees, and (b)to repair any damage to the Non-Disturb Areas, including the replacement of any destroyed or damaged trees or vegetation.This reimbursement amount shall be deemed to be a special assessment to be paid and collected in accordance with the provisions of Section 4.05 below. ARTICLE III Developer Section 3.01.Developer: The powers and authorities contained in this Article shall be vested in Developer and the covenants,conditions and restrictions in Article V of this Declaration shall be administered and enforced by Developer, or their designated successors and/or assigns. Developer's administration and enforcement of such covenants,conditions and restrictions shall include,but not be limited to, approval of Lot Developments Plans prior to the improvement of any Lot. Neither the exercise of such administration and enforcement duties by Developer, nor the approval of any Lot Development Plans by Developer, shall relieve any owner of any duty and obligation imposed by this Declaration or compliance with the covenants,conditions or restrictions as the same are recorded in the office of the Hamilton County Recorder. In the event that a written approval is not received from Developer within thirty(30) days from the date submittals are made, the failure to issue such written approval shall mean the disapproval thereof. In the event of a disapproval,Developer shall give a short statement of the reason or reasons for such disapproval within ten (10) days following receipt of a written request to do so. The Developer shall not unreasonably withhold approval and shall act in a manner which is neither arbitrary or capricious. However, Developer reserves the right to unilaterally deny approval of Lot Development Plans if the single family dwelling is inconsistent as to design,color,building materials,size or costs with adjacent lots. Section 3.02. Powers of Developers: No Lot shall be developed and no single family dwelling house, accessory building, driveway or other structure or improvement of any type, kind or character shall be constructed, placed,altered or permitted to remain on any Lot in the Subdivision without the prior written approval of Developer. Any required approval shall be requested by an Owner by written application to Developer. Such written application shall be made in the manner and form prescribed from time to time by Developer,and shall be accompanied by three (3) complete sets of Lot Development Plans as defined in Section 1.04 of these covenants, and such other information as may be reasonably required by Developer. The authority given to Developer hereby is for the purpose of determining whether the proposed improvement and development of a Lot is consistent with the terms 5