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REPURT ON COVENANTS AND RESTRICTIONS
LONG BRANCH ESTATES
Docket No. 108 - oopp
Comes now the Petitioner, Pulte Homes ofIndiana, and offers the following evidence in
satisfaction of the requirements of sectionS.3. 7 of the Subdivision Regulations of the Carmel
Plan Commission for the Town of Carmel 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
i11cluded 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
Second Floor
Total of both floors
1,400 s.f.
500 s.f.
1,900 s.f.
Two-story house:
First Floor
Second Floor
Total of both floors
1,200 s.f.
1,100 s.f.
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 ofthe 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
sIla!1 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/ sdegenILong
Branch Estates/covenants & restrictions
11/16/00
Fences: No fencing will be 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
comer 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 lJousing 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 Brancll 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.
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(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, intentional burning, or filling, except as
determined necessary by the Architectural Control Committee to control or
prevent immil1ent 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.
(e) any earth moving or grading.
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 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 (1)
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 amopnt 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 (1 00%) 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:
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Single-story h.ouse:
One and one-half story house:
(the master bedroom is on the
first floor):
First Floor
Second Floor
Total of both floors
1,800 s.f.
1,400 s.f.
500 S.L
1,900 s.f.
Two-story house:
First Floor
Second Floor
Total of both floors
1,200 s.f.
1,100 s.f.
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 LOl1gbranch 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 masomy 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 11ome.
(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 subj ect 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
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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 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
drail1s 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 overlalld flow
to street or swale collection systems. Each Owner shall maintain the subsurface drains WId
tiles located on his Lot and shall be liable for the cost of all repairs thereto or replacements
thereof.
(m) SIleds. 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
cOlmection 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 (I) sign of not more than four (4) square feet may be displayed at any time for the
purpose of advertising tIle property for sale, or may be displayed by a builder to adveliise the
property during construction and sale.
(c) F encing~ 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 slla11 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 Cotnn1ittee may not approve a fe11ce 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 fellce
shall be erected or maintained on or within any Landscaping Easement except such as may
be installed by Declarant a1Id subsequently replaced by the Associatiol1 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 nlust be erected
either (I) 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 COilllect a fence to
the fence on the adjoining Lot ifthe 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
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design standards for fences. All fences shall be kept in good repair. No fence, wall, hedge,
or shrub planting, or tree foliage which obstructs sight lines at elevations between two (2)
and six (6) feet above tIle street shall be placed or permitted to remain on any comer 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 tile
neighborhood. Violation of any ordinance governing noise, building or lot Inaintenal1ce, 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. III the event
of successful enforcement by an Owner, the Declarant, or an Owner of tIle provisions
thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court
costs, and all other costs and expel1ses of litigation and collection in comlection 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, ~ats 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 distllrb 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 tllan four (4) total pets; provided, however, tIlat fisll 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.) s11all be permitted to exist in a Residence or on a Lot witllout
the unal1imous consent of the Architectural Review Conlmittee a1ld 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 meetillg.
(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) Antelmas and Receivers. No antenna, satellite dish, or other device for the transmission or
reception of radio, television, or satellite signals or any other fonn of electromagnetic
radiation shall be erected, used or maintained outdoors and above ground, whether attacl1ed
to a building or otherwise, on any part of the Property, including Lots, without tIle writtel1
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
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Lot without the necessity of such written approval if: (a) it is not 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.
G) 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 wIlen 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 sIlal1 be
constructed without the prior approval of the Architectural Review Committee. TIle
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 OWller in compliance with all
applicable governmental requirements and all requirements established by the Architectural
Review Committee.
(In) Vacant Lots. It shall be tIle duty an~ obligation of tIle 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 perfomling any other act reasonable under tIle circumstances. TIle Owner sllall be
responsible for payment of all such expenses upon demand and the Declarant or the
Association, as tIle case may be, shall have a lien on such Lot for the paynlent of such
expenses, together with attorneys' fees and all other costs and expenses oflitigatioll and
collection which may be incurred in connection therewith.
WHEREFORE, the Petitioner submits this Report on Covenants and Restrictions for Long
Branch Estates this day of , 2000.
Petitioner: Pulte Homes of Indiana
By:
Sean Degen, Vice President of Operations
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