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HomeMy WebLinkAboutSubdivision HOA Rules AVIAN GLEN Carmel , Indiana The undersigned, Avian Glen Associates by C. Richard Davis , President, being the owner of the above described real estate, does hereby layoff , plat and subdivide the same into lots, common properties, and other facilities for the beneficial use and enjoyment thereof. This subdivision shall be known as AVIAN GLEN, a subdivision in Hamilton County, Indiana. 1. Lots designated upon the plat as numbered 1 through 227 are hereby reserved for single family, residential use and shall be erected thereon. Living units, for which the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less that twenty-four hundred ( 2400) square feet in the case of a one-story structure, nor less than fourteen hundred (1400) square feet in the case of a multiple story structure, provided no structure of more than one story shall have less than an aggregate of two thousand six hundred (2600) square feet of finished and livable floor area. All garages shall be attached to the residence dwelling and be a minimum of two car size. 2. Said property is hereby restricted to residential dwellings for residential use. All buildings or structures erected upon said property shall be of a new construction and no buildings or structures shall be moved from other locations onto said property and no subsequent buildings or structures other than single family homes shall be constructed. 3. Each lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions and provisions hereof. 4. Front yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street there shall be erected or maintained no building, structure or fence. 5. It shall be the duty of the owner of each lot in the subdivision to keep the grass on the lot properly cut and to keep the lot free of weeds and trash and otherwise neat and attractive in appearance. In the event the owner of any lot fails to do so in a manner satisfactory to the Association, the Association shall have the right, through its agents and employees, to enter upon said lot and to repair, maintain and restore the lot and the exterior of the improvements erected thereon. The cost of such exterior maintenance shall be a special assessment against such lot and the owner thereof. 6. Common properties as shown on the plat are reserved for the common use and enjoyment of the owners of lots in this addition, their families and invites,subject to rules and regulations governing such use and enjoyment as may be adopted by its successors, or assigns. All land depicted upon the plat which is not a numbered lot or otherwise specifically designated, is hereby declared a designated common property, but shall not be dedicated to public use. 7. No individual sewage disposal system shall be installed for use or be used to provide for the disposal on any lot within this subdivision. Sanitary sewer lines shall be available for hook-on and shall be used as the sole and exclusive method for sewage disposal. 8. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot within this subdivision, except dogs, cats or other animals generally and customarily recognized as household pets, which may be kept if not for any commercial purposes. 9. No individual water supply system shall be installed for use, or be used to supply water to a single family residence constructed on any lot within this subdivision. Individual water systems installed for ancillary or' auxiliary purposes shall be permitted by these restrictions if otherwise permitted by law and in compliance with all applicable laws, ordinances rules and regulations governing the construction or use thereof, however, all proposed used of geothermal water systems must initially receive approval from the Architectural Committee of American Community Development Corporation before being allowed to be constructed. 10. Every single-family dwelling, outbuilding, or other structure permitted to be constructed or remain on any lot shall be completed on the exterior within one (1) year from the start of construction, including at least one ( 1) coat of paint, stain or varnish on any exterior wood surfaces. All such structures must be completed and the site graded, sodded or seeded and reasonably landscaped within one ( 1) year from the date of the commencement of construction thereof. during the period of construction of any structure on any lot, the lot shall be kept and maintained in a sightly and orderly manner and no trash or other rubbish shall be permitted to accumulate unreasonably on any such lot. 11. The undersigned owner reserves the right to annex additional areas to this addition, as provided in the Declaration of Covenants, Conditions and Restrictions; to permit the lot owners of such additional areas so annexed to use the common areas in AVIAN GLEN. 12. All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public. 13. Front and side building lines are established as shown on this plat between which lines and the property lines of the street no structure shall be erected or maintained. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the street, shall be placed or permitted or remain on any corner lot within the triangular area • formed by the street property lines and a line connecting points 25 feet from the intersection of said street lines, or in the case of a rounded property corner, from the intersection of the street line extended. The same sight line limitations shall apply to any lot within 10 feet from the intersection of a street line with the edge of a driveway, pavement or alley line. No trees shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such lines. 14. No boat, trailer or camper of any kind ( including but not in limitation thereof, house trailers , camping trailers or boat trailers) . or any disabled vehicle shall be kept or parked upon any lot except within a garage or other approved structure. . 15. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved as to conformity and harmony of external design with existing structures herein and as to the building with respect to topography and finished ground elevation by Developer, owner of the herein described real estate, or by their duly authorized representatives. If the Developer fails to act upon any plans submitted to it for its approval within a period of fifteen ( 15) days from the submission date of the same, the owner may proceed then with the building according to the plans as approved. Neither the Developer nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. 16. No trailer, tent, shack, attached shed, basement, garage, barn or other out-building or temporary structure shall be used for temporary or permanent residence on any lot in this subdivision. An attached garage, tool shed or detached storage building erected or used as an accessory to a residence in this subdivision shall be a permanent type of construction and conform to the general architecture and appearance of such residence. 17. No fence shall be erected in this subdivision between the building lines and the property lines of the streets as shown on the within plat, except with approval of the Developer, which fences shall not exceed 42 inches in height and shall be of a decorative nature. 18. No building structure or accessory building shall be erected closer to the side of any lot than 15 feet, however, any proposed construction closer than 20 feet to the side of any lot must be approved by the Developer. Where buildings are erected on more than one single lot this restriction shall apply to the side lines of the extreme boundaries of the multiple lots. 19. In the event storm water drainage from any lot or lots flows across another lot, provision shall be made to permit such drainage to continue, without restriction or reduction across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat. 20. No noxious, unlawful, or other offensive activity shall be carried out on any lot in this subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 21. No lot in this subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, and shall not be kept, except in sanitary containers. Trash shall not be burned, except in suitable incinerators. 22. Lot owners, upon taking title, agree to waive all rights to oppose future zoning changes and special permits necessary to complete the Master Plans of Avian Glen. - 23. No structure in this subdivision, without special approval from the Developer shall exceed 2 1/2 stories or 25 feet in height measured from finish grade to the under side of eave line, and no structure other than an open porch shall be erected between the building line or designated on the plat and the property line of the street. 24 . Construction of any sump pump outlet will commence only when appropriate construction plans have been submitted and approved by the proper agencies and applicable permits issued from the local building authority. Where construction will be in established drainage and/or utility easements, approval must be obtained from City of Carmel or Hamilton County Surveyor. The maintenance of drainage pipes and facilities for discharging sump pumps shall be the responsibility of the individual homeowner and/or the Association, when, appropriate. 25. All lot owners shall be required to have installed at least one gas or electric "dusk to dawn" yard light in the front yard. Such lights are to be installed by the Developer or Builder prior to final inspection by the Carmel Department of Community Development. All garages opening to the street shall have automatic door controls. 26. Geo-thermal heat pumps shall be of the closed loop type only. 27. All garbage and trash cans and receptacles and wood piles shall be screened. 28. There shall be no outside TV dishes larger than 3 feet in diameter. There shall be no outside TV or similar antennas. 29. There shall be no gravel yards. 30. All residents shall be required to install and maintain a hard surface driveway or driveways which shall be composed of either concrete, asphalt, or like material. 31. No trash shall be put out for pick-up by a disposal service except on the day it is to be picked up by such service. 32. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants or covenants contained in said Declaration of covenants, Conditions and Restriction. 33. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. 34. These covenants and restrictions shall run with and bind the land, and shall insure to the benefit of and be enforceable by Avian Glen Associates, its successors or assigns, or the owner of any lot in this addition, their respective legal representatives, heirs, successors and assigns, for a term of 20 years from the date this plat is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by at least 90% during the first 20 years and 75% thereafter of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. In witness whereof, Avian Glen Associates, by C. Richard Davis, has executed this instrument and caused its seal to be affixed there to this day of , 199 . OWNER AND SUBDIVIDER: AVIAN GLEN ASSOCIATES • By: C. Richard Davis , President STATE of INDIANA ) SS: COUNTY of MARION ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Avian Glen Associates by C . Richard Davis, who acknowledged the execution of the foregoing instrument as their voluntary act and deed for the uses and purposes therein expressed. WITNESS my Hand and Notarial Seal this day of , 199 . Notary Public County of Residence My Commission Expires COMMISSION CERTIFICATE UNDER AUTHORITY PROVIDED BY CHAPTER 174-ACTS OF 1947 , ENACTED BY THE GENERAL ASSEMBLY OF TILE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF CARMEL AS FOLLOWS: Adopted by the Carmel City Plan Commission at a meeting held , 199 . CARMEL CITY PLAN COMMISSION President Secretary This plat was given approval by the City of Carmel Board of Public Works at a meeting held , 199 .