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HomeMy WebLinkAboutCovenantsDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR READING TREE PARK The undersigned, Reading Tree Park, LLC, an Indiana Limited Liability Corporation (hereinafter referred to as the "Developer the owner of the real estate shown and described herein, do hereby certify that they have laid off, platted and subdivided and do hereby lay off, plat and subdivide said real estate in accordance with the within plat(s). The following restrictions, limitations and covenants are hereby imposed upon, shall be run with the land contained in such plat(s) and are recorded as Instrument in the Office of the Hamilton County Recorder. This Development shall be known and designated as Reading Tree Park, a development in Hamilton County, Indiana (hereinafter referred to as the "Development All streets alleys shown and not heretofore dedicated are hereby dedicated to the public. All private drives shown on plat shall remain private. DEFINITIONS. The following are the definitions of the terms as they are used in this Declaration: A. "Committee" shall mean the Reading Tree Park Architectural Control Committee, composed of and operated under the terms of Article II herein. B. "Association" shall mean the Reading Tree Park Property Owners' Association, Inc., An Indiana not for- profit corporation, the membership and powers of which are more fully described in Article IV herein and in the Association's By -Laws and Articles of Incorporation which are incorporated herein by this reference. C. "Builder(s)" shall mean one who acquires a Lot directly from the developer for the purpose of building a single family dwelling on it for immediate re -sale of Lot and dwelling together. D. "Developer" shall mean Reading Tree Park, LLC or it's assigns. E. "Lot(s)" shall mean the numerically numbered parcels within the plat(s) of Reading Tree Park designed for the exclusive use of the construction of a single- family residence thereon. F. "Common Areas" shall mean the alphabetically numbered parcels within the plat(s) of Reading Tree Park designed for the mutual use and enjoyment of all Lot Owners of Reading Tree Park. G. "Right of Way Enhancements" shall mean the property located between the street curb and the sidewalk along both sides of all internal City of Carmel streets in Reading Tree Park and all the improvements located thereon including but not limited to grass, plants and trees. H. "Owner(s)" shall mean the person or persons that have been deeded and hold ownership in any Lot within Reading Tree Park. I. "Covenants" shall mean the recorded terms and conditions of this Declaration of Covenants, Conditions and Restrictions for Reading Tree Park together with the Association's By -Laws, any rules and regulations adopted by the Board of Directors and the Design Guidelines for Reading Tree Park. 1 J. "Applicable Date" shall mean the date of the first meeting of the members of the Association occurring on or after the first of the following 1) Developer relinquishes it's power to appoint the Board of Directors or 2) Developer no longer owns any of the Lots in Reading Tree Park. J. "Development" shall mean the Reading Tree Park Development and all real estate contained therein as shown on the recorded plat(s) recorded in Hamilton County. K. "Dwelling" shall mean a building erected on a Lot within the Development for residential living purposes. L. `By- Laws" shall mean the written Code of By -Laws of Reading Tree Park. M. The Reading Tree Park "Design Guidelines" shall mean the set of documents established by the Developer and after the Applicable Date, by the Association, to establish minimum standards of design, construction and maintenance, which are consistent with the level of quality and character desired for Reading Tree Park and the Covenants and to assist builders and homeowners in the planning, design, maintenance, and construction of all site improvements. The Developer and the Committee reserve the right to make any amendments, repeals, or modifications to the Design Guidelines that they deem necessary or appropriate at any time and without notice. The Design Guidelines are attached to this document as "Exhibit A ARTICLE I GENERAL RESTRICTIONS, OBLIGATIONS, AND RIGHTS Section 1. Lot Use and Maintenance. A. All Lots in this Development are reserved for residential use and no building other than a single family Dwelling shall be erected thereon. All plans for such Dwellings are to be submitted to the Developer for approval prior to any construction. B. Not more than one Dwelling shall be erected or used for residential purposes on any Lot in this Development. 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 Development. C. No Lot or any part thereof be leased, sublet, assigned or suffered to be used for transient occupancy. D. No Lot in this Development shall be used or maintained as a dumping ground for rubbish, trash, grass clippings, garbage or other waste and such rubbish or trash shall not be kept, except in sanitary containers. It shall be the duty of the Owner of each Lot to maintain the same in a good, clean and sanitary condition, to keep the grass on the Lot and adjacent right of way properly cut and keep the Lot free of weeds, trash or other debris and otherwise neat and attractive in appearance, including, without limitation, the proper and customary maintenance of the exterior of any structures on such Lot. If the Owner of any Lot fails to do so in a manner satisfactory to the Developer or Association, the Developer or Association, after approval by two thirds (2/3) of the Board of Directors, shall have the right (but not the obligation), through its agents, employees and contractors, to enter upon said Lot and to clean, repair, maintain or restore the Lot, as the case may be, and the exterior of the improvements erected thereon. The cost of any such work shall be added to and become a part of the Owner's assessment, and such cost shall be immediately due, and shall be secured by the Association's lien on the Owner's Lot. Said cost may be collected and enforced by the Developer or Association in the manner provided in this Declaration for the collection and enforcement of assessments in general. Each Owner, by his acceptance of a deed to any Lot, irrevocably grants to the Developer or Association, its agents, employees and 2 contractors, the right to enter upon, across and over the Lot owned by such Owner under such conditions as are reasonably necessary to effect the maintenance, cleaning, repair or other work contemplated herein. Section 2. Lot Lines and Lot Dimensions. The front and side yard building setback lines are hereby established; between which line and the property lines of the street, there shall be erected or maintained no building or structure. The front and rear setback for each lot is denoted on the recorded plat. Side setbacks shall be a minimum of ten (10) feet each side (twenty feet aggregate) or as determined by the Carmel Zoning Ordinance, excluding elements such as drives, fences, walls, and trellises. These set back requirements are the minimum required and the Developer may require the dwelling to be located beyond the minimum requirements for aesthetic harmony or preservation of natural features. No Lot or combination of Lots may be further subdivided until approval therefore has been obtained from the City of Carmel Planning Commission; excepting, however, the Developer and its successors in title shall have the absolute right to increase or decrease the size of any Lot by joining to such Lot a section of an adjoining Lot (thereby decreasing the size of such adjoining Lot) so long as the effect of such joining does not result in the creation of a "Lot" with less than the requirements set forth in the Carmel /Clay Township Zoning Ordinance Should a shift in lot lines or easements be necessary, while not creating additional lots, the owner or the Developer must first seek the administrative approval of the Carmel Planning Zoning staff before replatting can occur. Section 3. Dwelling Dimensions. The living area, exclusive of one -story open porches, terraces and garages, shall not be less than One Thousand Five Hundred (1,500) square feet in the case of a one -story structure, nor less than One Thousand Eight Hundred (1,800) square feet, with a minimum of Nine Hundred (900) Square Feet on the first floor, in the case of a two story structure. Section 4. Dwelling Character and Appearance. All buildings shall be constructed in a substantial and good workmanlike manner and of new materials. No roll roofing of any description or character shall be used on the roof of any dwelling house or garage on any of said Lots. No vinyl or aluminum siding shall be used on the exterior of any individual facade of any home. Exterior materials shall generally be concrete siding, other masonry material, drivet, wood, wood equivalent, or other material approved by the Developer or the Committee. The Developer, or Committee prior to construction, must approve colors of all exterior materials, including but not limited to shingles, paint, and masonry. Section 5. Garages. All homes must have a minimum of a two (2) car finished garage. Section 6. Accessory Structures. Except for the primary garage no detached structures, mini barns, tree houses, docks, or other out buildings shall be permitted on any Lot in Reading Tree Park without the approval of the Developer. Section 7. Drives. Each driveway on a Lot shall be of concrete or asphalt. Section 8. Swimming Pools. No aboveground swimming pools shall be permitted in the Development. No in ground swimming pool shall be permitted without prior written approval of Developer or Committee. Section 9. Solar Panel. Solar panels shall be allowed so long as they are place in an unobtrusive location. Location must be approved prior to installation by the Developer or Committee. 3 Section 10. Fences. No fence shall be erected in this Development without prior written approval of the Developer or Committee. No fences shall be constructed in areas designated for Retention or Detention nor shall fences be constructed in any Easements. Fences located within any required front yard shall not exceed forty -two (42) inches in height, as measured from the topmost point thereof to the ground adjacent to the fence. No fences shall be constructed in front of the building line on any Lot with approval of the Developer or Committee. In general, all fencing must be ornamental iron; its aluminum equivalent, 48" wood picket, or other such style designated by the Developer or Committee and must not be higher than six (6) feet from ground level, as measured from the topmost point thereof to the ground adjacent to the fence. In no event will any stockade, horizontal wood, galvanized chain link, wire, solid aluminum or PVC fences be permitted within the Development. Current regulations regarding fencing can be found in the Design Guidelines. Section 11. Sidewalks. Plans for this Development require the installation of five (5) foot wide concrete sidewalks within the entry drive easement in front of all Lots to provide pedestrian access to 136 Street. Installation of said sidewalks shall be the obligation of the builder or Owner of any such Lot, not of the Developer, and shall be completed within Thirty (30) days of home completion or within twelve (12) months of the purchase of the Lot, which ever occurs first. In the event the Owner has not installed the sidewalk within the time period allotted, the cost of said installation shall be the personal obligation of the Owner and a lien against any such Lot enforceable by the Developer or their successors. The Developer may, at Developer's sole discretion, install or have installed the sidewalk and bill the Owner for costs incurred in the installation of the sidewalk. If the Owner fails to reimburse Developer for the costs of the sidewalk within Thirty (30) days, the Developer is hereby authorized to place a lien against said Lot. In addition, interest on those expenditures shall accrue at a rate of twelve percent (12 per annum and Developer shall be entitled to recover in an action at law or in equity from the Owner of the Lot of which the side walk was installed all of the attorneys' fees and related costs and expenses it incurred pursuant to the collection of the above funds. After the Applicable Date, the Association shall also have Developer's rights under this Section 11. Section 12. Yard, Street Trees, Mailbox, and Other Equipment. All Lot Owners are encouraged to plan their landscaping using native plants that are tolerant to Indiana's climate without need of irrigation. Areas of wildflowers and native grasses are encouraged in place of large lawn areas that require regular maintenance Lawn irrigation systems are not allowed and only drip irrigation systems for plantings shall be used when needed. Lot Owners are encouraged to install rain gardens and roof water collection systems to manage the storm water that occurs on each lot so it can be used to naturally water yard plantings. Each Low Owner will be required, at a minimum, to install a $2,500 (wholesale plant material costs only, excluding annuals, street trees and lawns) landscape package that has been submitted and approved by the Developer or Committee. This package is to include at a minimum: a mix of sod, hydro- seeded, or native grasses for lawn areas, front and side yards and seed and straw in the back yards. Also required is the planting of four bushes, one shade tree, two evergreen and /or ornamental trees, and street trees of the type, size, and location as designated by the Developer. All trees and bushes must meet the City of Carmel Landscaping Standards. All plantings shall be maintained in an appropriate manner by the Lot Owner and any trees and bushes that die shall be replaced with the same, which shall meet the City of Carmel Landscaping Standards. Installation of sod or hydro- seeded in the right -of way in front of each Lot (the area located between the sidewalk and street curb) shall be the obligation of the builder or Owner of any such Lot, not of the Developer, and shall be completed within Thirty (30) days of home completion or within twelve (12) months of the purchase of the Lot, which ever occurs first. Lot Owners must install or have installed at least one photocell controlled exterior light (which must meet the requirements set forth in the Lighting Standards of the Carmel/Clay Zoning Ordinance) and mailbox attached to the front of the house by the time the construction of the home on the Lot is complete. The Developer shall 4 approve the design of the exterior light and shall determine the mailbox required. The Developer may require, for the purpose of uniformity and appearance that the mailbox and exterior light be purchased from the Developer or its designee. Each Owner shall thereafter maintain such light(s) and mailbox so that they operate properly and are attractive in appearance. In the event the Owner has not installed the street trees, lawn treatment, yard light, or mailbox within the time period allotted or of the style required by Developer, the Developer or Association shall have the right (but not the obligation) to do so with the cost of said installation being the personal obligation of the Owner and a lien against any such Lot enforceable by the Developer or Committee. If the Owner fails to reimburse Developer for the costs of the street trees, lawn treatment, yard light, or mailbox within Thirty (30) days, the Developer is hereby authorized to place a lien against said Lot. In addition, interest on those expenditures shall accrue at a rate of twelve percent (12 per annum and Developer shall be entitled to recover in an action at law or in equity from the Owner of the Lot of which the lawn treatment, street trees, mailbox, and /or yard light were installed, all of the attorneys' fees and related costs and expenses it incurred pursuant to the collection of the above funds. After the Applicable Date, the Association shall also have Developer's rights under this Section 12 of Article I. Clothesline or clothes poles shall be constructed only in the rear yard of any Lot. The structure must be of a temporary or decorative nature to maintain the aesthetic integrity of the Development. Any permanent structure place in the rear yard of the Lot shall be approved by the Developer or Committee. No sign of any kind shall be displayed to the public view on any Lot except one (1) professional sign of not more than one (1) square foot or one (1) licensed real estate agent sign of not more than five (5) square feet advertising the home for sale. For sale by owner signs shall not be permitted for the re -sale of lots. Signs used by a Builder and or Realtor to advertise the Home during the construction and sales periods and all Developer signs are exempt from this requirement. No radio or television antenna on outside of roof shall be attached to any dwelling house. No free standing radio or television antenna, television receiving disk or dish shall be permitted on any Lot, with the exception of a television reception disk one (1) meter in diameter or less upon approval of the location by the Committee. No solar panels attached or detached shall be permitted. No temporary basketball goals shall be permitted within Reading Tree Park. All basketball goals must be installed in a permanent manner. The Developer or Committee shall approve all basketball goals prior to their installation. Section 13. Down Spouts. No down spouts shall be tied to the sub surface drains. Owners are encouraged to install rain gardens to connect down spouts for the management of rain water. Sump pump lines are to be connected to the available sub surface drains provide for each Lot. Section 14. Time Period to Commence and Complete Construction and Landscaping. All construction upon, landscaping of and other improvement to a Lot shall be completed strictly in accordance with the plans approved by the Developer or Committee. All landscaping specified on the landscaping plan approved by the Developer or Committee shall be installed on the Lot strictly in accordance with such approved plans within sixty (60) days following substantial completion of the Dwelling unless the Developer or Committee agrees to a later landscaping completion date. Unless a delay is caused by strikes, war, court injunction or act of God, the Owner of any Lot which on the date of purchase from Developer is not improved with a Dwelling shall commence construction of a Dwelling upon the Lot within four (4) years from the date the owner acquired title thereto. If the Owner fails to commence or complete construction of a Dwelling within the time periods specified herein, or if the Owner should, without Developer's written approval, sell, contract to sell, convey, or 5 otherwise dispose of, or attempt to sell, convey or otherwise dispose of, the Lot before completion of construction of a Dwelling on the Lot, then, in any of such events, Developer may: (i) Re -enter the Lot and divest the Owner of title thereto by tendering to the Owner or to the Clerk of the Circuit Court of Hamilton County the lesser of (i) the same net dollar amount as was received by Developer from such Owner as consideration for the conveyance by Developer of the Lot, together with such actual costs, if any, as the Owner may prove to have been incurred in connection with the commencement of construction of a Dwelling on the Lot, and (ii) the then fair market value of the Lot, as determined by averaging two (2) appraisals made by qualified appraisers appointed by the Judge of the Hamilton County Circuit or Superior Court; (ii) Obtain injunctive relief to force the Owner to proceed with construction of any Dwelling, a plan for which has been approved by the Developer or Committee upon application by such Owner; or (iii) Pursue other remedies at law or in equity as may be available to Developer. The failure of the Owner of a Lot to apply for approval of, or receive approval from, the Developer or Committee of a plan shall not relieve such Owner from his obligation to commence and complete construction of a Dwelling upon the Lot within the time periods specified herein. For the purposes of this Section 14 of Article I, construction of a Dwelling will be deemed "completed" when the exterior of the Dwelling (including but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved driveway and landscaping) has been completed in conformity with the submitted plans. Section 15. Vehicles. No boats or other watercraft, campers, recreational vehicles, trailers of any kind, buses, mobile homes, commercial or business trucks or vans, motorcycles, minibikes, or any other vehicles of any description (other than normal passenger vehicles consisting of (i) trucks with a maximum load capacity of three quarters (3/4) of a ton or less, (ii) vans or (iii) automobiles), shall be permitted, parked or stored anywhere within the Reading Tree Park Development; provided, however, that nothing herein shall prevent the parking or storage of such vehicles completely enclosed within a garage and the driving or using of such vehicles solely for the purpose of ingress and egress to and from the Development provided the shortest route to and from a main thoroughfare outside the community is used. No Owners or other residents shall repair or restore any vehicle of any kind within the Development, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility. "Commercial" vehicles are vehicles, regardless of size, on which commercial lettering or equipment is visible or which are larger than normally used for noncommercial purposes. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept on the Development. Driveway parking shall be limited to guests and temporary parking only. Any vehicle in violation of the above shall be subject to being towed at the expense of the owner thereof. No parking shall be allowed on the shared private entry drive. Residents and guests may only park in the driveway leading to their home. Section 16. Unacceptable Activities. No noxious, unlawful or other offensive activity shall be carried out on any Lot in this Development, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 17. Animals. No animals or livestock of any description 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 commercial purposes and do not unreasonably disturb other Owners or residents. Owners may keep a maximum of twelve chickens (no roosters) for non commercial purposes. Chickens must be kept in rear yard of 6 home and their shelter or cage must be either hidden from public view or built of like materials and color to the house. Section 18. Remonstration. Lot owners, upon taking title, agree to waive all rights to oppose and or remonstrate against annexation and any future zoning changes and special permits necessary to complete the Master Plans of Reading Tree Park what so ever. ARTICLE II ARCHITECTURAL CONTROLS Section 1. The Reading Tree Park Architectural Control Committee. Until the Developer resigns its position as the Architectural Control Committee or until the Developer no longer owns any of the Lots in Reading Tree Park, the Developer shall serve as the Architectural Control Committee. After one of the above events occurs, the members of the Architectural Control Committee "Committee shall be appointed by the Board of Directors of the Association. The Developer shall always have the sole authority to approve the original Dwelling and Landscaping on any Lot within the Development. Section 2. Purpose. The Committee shall regulate size, type, external design, appearance, use, location and maintenance of any change or addition to the original Dwellings placed on any lands subject to these Covenants and improvements thereon, in such a manner as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. All fences, walls or other construction or improvements of any kind shall not be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made without the prior approval of the Committee. Such approval shall be obtained only after the Owner of the Lot has made written application to the Committee. The manner of application shall be in the form as prescribed from time to time by the Committee, and shall be accompanied by two sets of plans and specifications. Such plans shall include plot plan showing location of proposed improvements, specification of all exterior materials and colors and any proposed landscaping. In the event said Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required as long as said design meets all other requirements of the covenants and restrictions herein, and this Article will be deemed to have been fully complied with. Section 3. Design Guidelines. The Developer has created the Residential Architectural Design Standards for Reading Tree Park to establish minimum standards of design, construction and maintenance, which are consistent with these Covenants and the level of quality and character desired for Reading Tree Park. The Design Guidelines have been designed to assist builders and homeowners in the planning, design, maintenance, and construction of all site improvements. The Developer and the Committee reserve the right to make any amendments, repeals, or modifications to the Design Guidelines that they deem necessary or appropriate at any time and with or without notice. Section 4. Compliance with the City of Carmel Structure and Design Standards and Provisions. All homes must be designed following the guidelines found in "Exhibit A" of this document. 7 Section 1. Sanitary Sewer, Drainage and Utility Easements. There are strips of ground as shown on the plat(s) and marked Sanitary Sewer, Drainage, and Utility Easements both solely and in combination with other easements, which are reserved for the use of public utilities for the installation of water, sewer, and storm sewer mains, detention and retention areas, poles, ducts, lines and wires, subject at all times to the proper agencies and authorities and to the easement herein reserved. No structures of any kind are to be erected or maintained upon said strips of land, but Owners of Lots in this Development shall take their titles subject to the rights of public utilities. The Developer, Utility Companies, City and County authorities reserve the right to enter said easements at any time and perform work deemed necessary. These areas shall be maintained free of weeds, trash or other obstruction, and in the event the easement is a Drainage Easement, proper drainage as outlined in the development plan shall be maintained at all times by the Owner of each applicable Lot or Association as owner of the Common Areas. Within Drainage Easements or a minimum of three feet therefrom there shall be located no structures which may impede proper drainage including but not limited to landscape mounds, fences, out buildings, swing sets, play equipment, docks, decks, boats, etcetera and shall be maintained with a properly cut stand of grass at all times. No change of grade shall be permitted within Drainage Easements. Section 2. Drainage of Storm or Other Water. In the event storm water drainage from any Lot flows across another Lot, provisions 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(s). No rain or storm water runoff or such things as roof water, street pavement or surface water caused by natural precipitation, shall at any time be discharged into or permitted to flow into the Sanitary Sewer System, which shall be a separate sewer system from the Storm Water and Surface Water Runoff Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above mentioned Storm Water and Surface Water Runoff Sewer System. Section 3. Common Areas. N/A ARTICLE III. OTHER RESTRICTIONS, GUIDELINES AND RIGHTS Section 4. Buffer, Landscape, and Pathway Easements. There are strips of ground as shown on the plat(s) as Buffer, Landscape, and Pathway Easements both solely and in combination with other easements. The Lot Owner shall be solely responsible for maintenance and upkeep of the plants and trees within these areas to the standards set forth in the City of Carmel's Landscape Ordinance. Section 5. Right of Way Enhancements. The Lot Owner adjacent to any public right -of -way shall be solely responsible for maintenance, replacement and upkeep of the grass, plants and trees within Right of Way. Section 6. Street Signs, Traffic Control Signs, and Street Light Fixtures. If other than the standard City Street Signs, Traffic Control Signs and Street Light Fixtures are installed, it shall be the Developer's responsibility to install said items and the Association's responsibility to maintain them. All Signs and Fixtures shall meet and be maintained to all of the City of Carmel's minimum safety standards. Section 7. Maintenance of Access Easement. Owners of lots one, two, and three shall equally share the cost of maintenance and necessary improvements to the Smokey Row Road access easement. Annual association 8 dues shall be collected for the pavement maintenance, snow removal, and widening or resurfacing as needed. Any financial decisions regarding the access easement shall be determined by approval of 2/3 of the Lot Owners at an annual meeting of the homeowners association. Any extra expenses for aesthetic treatments, entry landscaping or monuments placed in the access easement shall require approval of all Lot Owners of lots one, two, and three. Section 8. Enforcement of Covenants. The Developer, Association, and any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these Covenants Failure by the Developer, Association, or by any Owner to enforce any Covenant shall in no event be deemed a waiver of the right to do so thereafter. In the event the Developer, Association, or any Owner shall be successful in any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, easement, condition, reservation, lien or charge now or hereinafter imposed by the provisions of the Covenants, limitations, easements and approvals appended to and made a part of the plat(s) of the community, it shall be entitled to recover from the party against whom the proceeding was brought all of the reasonable attorneys' fees and related costs and expenses it incurred in such proceeding. The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law, any structure or part thereof erected without proper approval or maintained in violation hereof, is hereby reserved to the Developer, the Association and to the Owners of the Lots in this Development and to their heirs successors, and assigns. Section 9. Invalidation of Covenant. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 10. Term of Covenants, Conditions and Restrictions. The foregoing Declaration of Covenants, Conditions, and Restrictions is to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty -five (25) years from the date of these plat(s), at which time said Declaration shall be automatically extended for successive periods of ten (10) years unless changed by vote of a majority of the then Owners of the Lots in whole or in part. The Developer may amend this Declaration of Covenants, Conditions, and Restrictions for, in the Developer's sole opinion, the betterment of the Development at any time prior to the Applicable Date. After the Applicable Date this Declaration of Covenants, Conditions, and Restrictions and the Reading Tree Park Construction Guidelines may be amended by a favorable vote of the Owners of at least 2/3 of the total number of Lots. Section 11. Waiver of Rights to Remonstrate. Lot Owners, upon taking title, agree to waive all rights to oppose future zoning changes and special permits necessary to complete the Master Plan of Reading Tree Park. Section 12. Development and Sale Period. Nothing contained in Articles I, II III shall be construed or interpreted to restrict the activities of the Developer and Builders in connection with the development and sale of the Development and the Construction and sale of Dwellings on said Development. The above shall be entitled to engage in such activities and to construct, install, erect and maintain such facilities, upon any portion of the Development at any time owned or leased by the Developer or Builder(s) as, in the sole opinion of the Developer or Builders, may be reasonably required, or convenient or incidental to, the development of and sale of the Reading Tree Park Lots and Homes on said Lots; such facilities may include, without limitation, storage areas, signs, parking areas, model residences, construction offices, sale offices and business offices. 9 RESIDENTIAL ARCHITECTURAL DESIGN STANDARDS STRUCTURE AND DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. All building elements are subject to the most current edition of the Indiana Building Code. A. SITE DESIGN 1. Buildings shall be designed and sited in such a way as to maximize solar gain and privacy. 2. Site design shall be context sensitive with regards to existing natural features. B. BUILDING SCALE /MASSING 1. Building character, scale, and mass shall be similar to existing buildings. This may be accomplished through siting, setback, buffering, driveway location, height, and other elements. 2. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including the following features: a. Variations in height and depth b. Windows and door openings c. Changes in roof line or height d. Details and trim appropriate to the style and mass of the building e. Use of different materials, textures, and material placement f. Placement of landscaping materials and street furniture g. Balconies, recessed entries, and covered porches h. Bays and towers 3. All sides of the building shall have the same level of detail and material use. C. WINDOWS 1. At least two windows shall be present on each facade, and each occupied level, as architecturally appropriate. One window shall be permitted on half stories. 2. All windows, on all sides of the house, shall have trim as architecturally appropriate. 3. Windows shall be operable, to provide for cross ventilation. D. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or the side facade. 2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. 3. Side lights or glass panes should be provided, to allow illumination and to allow residents to see outside. 4. Permitted materials include fiberglass, painted steel, and wood. E. CHIMNEYS EXHIBIT "A" 1. Chimneys shall extend fully to the ground, and above the eaves, if external. 2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar, durable appearance. Siding is not a permissible material. 3. "Shed- style" or bump -out chimneys shall not be permitted. 4. Chimneys must be capped. 10 F. GARAGES 1. Garages shall not be the dominant feature of the front facade. 2. If off -set or side loading (courtyard loading), the facade facing the street shall have at least one window. 3. The garage, if front loading, shall comprise no more than 30% of the main front facade. G.FOUNDATIONS 1. If building foundations are to be exposed, they shall be finished with stone, brick, brick -form poured concrete, fieldstone, or split -face block, and shall remain unpainted. 2. Wall cavities of foundation walls constructed of brick veneer extending below grade shall be grouted solid up to the flashing, with weep holes above. Weep holes shall be unobstructed by mulch or soil. Such flashing shall be 8 -12" above grade. 3. Surface- applied waterproofing shall not be exposed unless it matches the concrete. H. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on all sides of the structure, if architecturally appropriate. 2. Dormers and gables should be used to help break long roof lines. If used, they shall have attic bands, windows, and /or decorative attic vents. 3. Vents and stacks shall be painted to match the roof, or painted black, and shall not be visible from the public right -of- way. 4. Roofs may be made of dimensional shingles, glazed clay, standing -seam metal, slate, or fire protected wood shingles. 5. Solar shingles and panels are strongly encouraged; if used, they shall be placed as unobtrusively as possible while maximizing solar gain. 6. Gutters and downspouts or rain chains shall be provided. 7. The primary roof slope shall not be less than 6/12. I. MATERIALS 1. If more than one material or color is used, the transition between materials and /or colors shall be logical, i.e. to highlight an architectural feature. If a material such as brick or stone is used on the front facade but not the side facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding shall be prohibited. 2. If EIFS or dryvit are used, they should be used only as trim materials, or placed above the first floor to limit damage. J. DETAILS TRIM 1. Architectural trim and details are encouraged on all dwellings. If such details are used, they shall be used on all sides of the building, and shall be architecturally appropriate and balanced with regards to placement and scale. Suitable elements include, but are not limited to: Quoins Pilasters Eaves of at least 12" in depth Corner boards, gable boards, and barge boards Pediments Lintels and sills Soldier coursing Balustrades Friezes, cornices, dentils, modillions, etc Brackets Shutters. If shutters are used, they should be appropriately scaled to the windows, and be functional or appear to be functional. 2. Buildings with clapboard or similar facades shall have all openings trimmed with wood trim at least 4" nominal width, and corners trimmed with wood at least 6" nominal width. 11